Cosby again asks to have case dismissed

Comedian Bill Cosby was back in a Norristown court this week as his lawyers argued for the sexual-assault case against him to be dismissed.

 

At a two-day pre-trial hearing starting Tuesday, Judge Steven O’Neill heard arguments from both sides in the case brought by Andrea Constand, a former Temple University employee and a lesbian, who accused Cosby of assaulting her at his Elkins Park home in 2004. The case is slated for a potential trial in the summer.

Among the arguments Cosby is making is that former Montgomery County District Attorney Bruce Castor pledged not to bring criminal charges against Cosby if he agreed to be deposed in a 2005 civil suit brought by Constand, a promise that attorneys argued should be fulfilled. Charges were brought after the office came under the direction of current DA Kevin Steele. Prosecutors argued Tuesday for the inclusion of the deposition in evidence to be offered at trial; the deposition includes statements by Cosby acknowledging that he gave drugs to and then engaged in sexual relations with women.

Cosby’s attorneys also argued that the time that elapsed between the alleged assault and the charges brought against him earlier this year could be prejudicial.

Prosecutors also argued that the judge permit testimony by 13 women who have accused Cosby of sexual assault. More than 60 women have made such allegations, and the attorneys argued that the 13 they identified could speak to a history of assault.

Attorneys for Cosby contended that the defendant’s deteriorating eyesight should also be taken into consideration; they argued that he is now too blind to be able to identify witnesses or review photographic evidence.

O’Neill did not issue any rulings on the motions. The parties are scheduled for another pre-trial hearing in December.

 

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