Cosby said in the deposition that he gave Constant Benadryl to relieve stress, and then they had sexual contact which Cosby claims is consensual.
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Andrea Constand accused Cosby of forcing himself on her at his suburban Philadelphia home in 2004.
Common Pleas Judge Steven O’Neill refused to throw out the sexual assault case against Cosby, sweeping aside a former district attorney’s claim that he granted the comedian immunity from prosecution a decade ago.
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Disgraced US TV legend Bill Cosby yesterday appealed a Pennsylvania judge’s refusal to dismiss a sexual assault case against him, according to a document seen by AFP.
He did, in a deposition unsealed last year that prompted a new prosecutor to reopen the case before the 12-year statute of limitations expired.
McMonagle, who was joined by co-defense lawyers Christopher Tayback and Monique Pressley, argued the issues are far too important to be denied review because they relate to Cosby’s due process rights and they concern “the integrity of the judicial system which demands that the commonwealth live up to its obligation”.
Prosecutors said he urged her to take pills and drink wine, leaving her unable to resist the assault. In that deposition, Cosby gave damaging testimony, allegedly admitting he obtained Quaaludes to give to women with whom he wanted to have sex.
His legal team also tried to get Montgomery County District Attorney Kevin Steele dismissed from the case.
Cosby’s lawyers filed their notice of appeal against that decision to the Superior Court of Pennsylvania yesterday.
In a press release issued in 2005, Castor announced his office would not file charges against Cosby because there was insufficient credible and admissible evidence to support the filing of criminal charges.
A preliminary hearing in the case has been scheduled for March 8.
The Pennsylvania case is the only one to lead to criminal charges amid dozens of accusations that Cosby drugged and molested women.
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The defense lawyers also challenged O’Neill’s ruling that Steele and his office shouldn’t be disqualified from the case.
