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Bill Cosby Loses His Bid To Get Criminal Case Tossed
Prosecutors say they have enough evidence to proceed to a trial. “We truly believe that our Supreme Court will right this wrong and reverse the decision so that we can finish the mission of proving Mr. Cosby’s innocence”.
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“Once again the prosecution had the opportunity and the obligation to place this witness under oath so that we can begin the search for the truth”, Cosby’s attorney Brian McMonagle said in a statement. On Thursday, lawyers for Cosby indicated that they would once again challenge the use of Cosby’s civil suit deposition in a criminal trial. Steele says the defense operated around a “mistaken belief” it had a right to confront the Cosby’s accuser at this stage.
O’Neill said that a 2013 change in state court rules cleared the way for prosecutors to use those statements and other evidence in lieu of forcing Constand to take the witness stand before trial.
Cosby will be held for trial on three counts of Aggravated Indecent Assault.
Constand, a former basketball star who worked at Cosby’s alma mater, Temple University, claims that he drugged and molested her at his nearby Pennsylvania home in 2004.
The deposition admitted into court, also said Constand asked if the substance she was given by Cosby was herbal, and he replied yes.
Cosby called their encounter consensual and describes the blue pills he gave her as Benadryl. The high court has not said when it will hear arguments on the issue.
The judge made the ruling Thursday, saying Cosby shouldn’t get a new preliminary hearing.
Prosecutors have instead used her police statement at a May preliminary hearing that upheld the charges. A federal judge on Thursday, Jan. 21, 2016, dismissed a lawsuit filed by Renita Hill, 48, of Baldwin, Pa., who claims Bill Cosby defamed her when he and his representatives responded to allegations that he drugged and sexually assaulted her and other women.
Steele compared Cosby’s behavior to that of a date rapist who spikes a victim’s drink, knocking her unconscious before violating her. The pills and wine Cosby gave her made her unable to consent to anything, he said.
“We shouldn’t just be relying on what someone said someone said”, Christopher Tayback, another Cosby attorney, argued.
No charges have been filed against the actor known as “America’s Dad” for his beloved portrayal of Dr. Cliff Huxtable on his top-ranked TV show, which ran from 1984-1992.
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Bruce L. Castor Jr., who was district attorney at the time, opted not to bring charges against Cosby in 2005 after interviewing both Constand and the entertainer. News stories displayed here appear in our category for Entertainment and are licensed via a specific agreement between LongIsland.com and The Associated Press, the world’s oldest and largest news organization. Please see our terms of service for more information.