Deposition to be key battle in Bill Cosby sex assault case

A Pennsylvania judge late Wednesday dismissed defense efforts to have criminal sexual assault charges against comedian Bill Cosby thrown out, ruling that his trial can proceed.

In his February 17, 2005, announcement that he was declining to file criminal charges in the Constand case, Castor said there was “insufficient credible and admissible evidence… upon which any charge against Cosby could be sustained”.

Judge Steven O’Neill also ruled that prosecutor, newly elected District Attorney Kevin Steele, could stay on the case. Cosby faces up to 10 years in prison if convicted. Today’s hearing focused on why the prosecutor at the time allegedly told Cosby’s lawyers he would never be charged. Prosecutors say he urged her to take pills and drink wine, leaving her unable to resist as he made his move on her.

Without these, Schmitt said, he would never have let Cosby sit for a deposition for a civil suit if there was a potential threat of criminal prosecution for what he said. In the end, Cosby testified, denying he assaulted Constand but admitting among other things that he obtained quaaludes to give to women he wanted to seduce. Castor testified his concerns included that Constand didn’t report the allegations to police until about a year after the alleged 2004 assault; had contacted a civil lawyer before going to police; gave inconsistent statements to investigators; and had conversations with Cosby over the phone even after the alleged assault occurred.

At issue will be whether a civil deposition Cosby gave can be used in the criminal case.

A Cosby spokesman said the decision would be appealed.

Dozens of women prior to the victim in this case have come forward, stating Cosby drugged and/or molested them “decades ago”. But the statute of limitations for prosecuting him has run out in almost every instance.

A hearing on whether a 2006 pledge by then-District Attorney Bruce Castor not to prosecute Cosby amounts to a binding agreement is now in its second day.

The next step is a preliminary hearing scheduled for March 8, when the judge will decide whether there is enough evidence to hold Cosby for trial. ‘I think Andrea is a liar and I know she’s a liar because I was there.

The 78-year-old Cosby was arrested in December and charged with drugging and violating a former Temple University athletic department employee in 2004.

Cosby, who in his deposition called himself “one of the greatest storytellers in the world”, remained silent in court this week.

“He’s worked very hard and made a lot of money over the years”, Cosby lawyer Christopher Tayback said of his client. He said he found serious flaws in the case in 2005 and declined to bring charges.

Defense attorneys on Tuesday presented a 2005 press release from Castor’s office that they said represented a non-prosecution agreement. On Wednesday, however, both of Constand’s attorneys testified that was not true.