Court says Cosby sexual assault case can proceed

Cosby’s attorneys said the non-prosecution agreement was reflected in a news release issued by former district attorney Bruce L. Castor Jr. and was buttressed by an oral agreement that the DA made with Cosby’s then-criminal defense attorney, who has since died.

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”.

The court will resume proceedings on Wednesday and Judge Steven O’Neill said he would like to reach a decision the same day.

Cosby was charged in December with drugging and sexually assaulting Andrea Constand in 2004. The decision came near the end of a two-day hearing, which later saw the same judge decline to disqualify District Attorney Kevin Steele from the 78-year-old comedian’s prosecution.

Mr Cosby is accused of drugging and fondling a former Temple University employee in 2004. He – there was some speculation that he might testify, but he sat by while people gestured to him and referred to him. “Now Mr. Cosby will have to face the serious charges of aggravated indecent sexual assault in a criminal court”.

His lawyers tried to get the case thrown out with help from Castor, who testified at the hearing that he meant to forever close the door on prosecuting the comedian.

Cosby answered questions for four days, and settled out of court with Constand in 2006. This is the only case in which he has been charged. A judge rejected his claim that he had immunity from a 2005 deposition.

More than 50 women have publicly alleged sexual abuse by the pioneering black comedian, who attained his greatest fame for his role as a lovable obstetrician and family man in the hit 1980s sitcom “The Cosby Show”.

As the case goes forward, Cosby’s lawyers are expected to fight mightily to keep the deposition from being introduced at trial.

The case was reopened a year ago as a result of evidence in a deposition made by Cosby as part of a lawsuit against him brought by his accuser.

O’Neill said he would consider that request, but didn’t promise to rule right away.

Bill Cosby was back in court today in connection to an alleged sexual assault.

“There is no legal authority allowing a district attorney to act unilaterally and confer transactional immunity on a defendant”, Steele said.

In addition to denying the allegations, Cosby argues he’s being improperly prosecuted based on testimony he gave during a civil suit – testimony his defense says was given only because the state closed the criminal case in 2005.

“I would not have done that”, former U.S. Attorney Peter Vaira said of the non-prosecution agreement described by Castor. He admitted obtaining quaalude pills to give to women with whom he wanted to have sex, but insisted the encounters he had with women were consensual.