A Pennsylvania judge on Tuesday ordered comedian Bill Cosby to stand trial on accusations of sexual assault, the most serious setback so far for a man who epitomized the all-American dad on the 1980s sitcom “The Cosby Show”.
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Cosby, 78, was arraigned on the charges in December and released after posting $1 million bail.
In excerpts read in court from his own statement to police in 2005, a seemingly relaxed Cosby said he and Constand had had other “petting” sessions before.
Bill Cosby at the Montgomery County Courthouse during a preliminary hearing, May 24, 2016, in Norristown, Pennsylvania.
Cosby’s lawyers are trying to get the case thrown out, arguing that a previous prosecutor made a binding promise a decade ago that the comic would never be charged.
“Based on the evidence, I am going to hold you on charges”, Judge Elizabeth McHugh ruled.
During the hearing, Cosby attorney Brian McMonagle questioned why Constand continued to see the comedian and even returned to the house to meet with him after the alleged assault.
He also urged her to have some wine even though she said she didn’t want to drink, Ms Constand told police. “Good luck to you sir”, she told Cosby at the end.
“They had 12 years to bring a case, they didn’t”.
“Mr. Cosby presented a rigorous defense; I might add that in my experience of 40 years practicing law, I found it to be very unusual that such a defense was presented in the preliminary stage in the way that it was”.
Constand said her legs felt “rubbery” and “like jelly”. But Cosby waived his right to appear at that proceeding, putting the case on course for trial.
Cosby’s lawyers argued that state court rules allowing such third-party testimony deprive Cosby of his right to confront his accuser.
In 2005, as the Two-Way has reported, a Montgomery County prosecutor decided there wasn’t enough evidence to bring charges in the case.
Cosby faces three counts of felony aggravated indecent assault from a 2004 case involving Andrea Constand, an employee at his alma mater, Temple University.
Dressed in a dark suit, Cosby waved toward cameras and walked into the courthouse in Norristown on Tuesday morning.
It’s not known if Constand will testify or if police will instead read her statement about the encounter that night.
Mr. Cosby has denied the allegations, averring that any sexual contact between the two was consensual (despite the roofies).
The Times’ account also indicated that Cosby and his lawyers would likely try to block the introduction of evidence from other women who have claimed that they were also drugged and assaulted by the veteran entertainer.
Tuesday’s preliminary hearing will determine whether prosecutors have enough evidence to send the 78-year-old entertainer to trial.
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But prosecutors reopened the criminal case past year after dozens of women leveled similar allegations and after Cosby’s sealed testimony in Constand’s lawsuit was made public.
