The Cosby legal team had been trying to get the case dismissed, after the investigation was revived in the wake of lurid, decade-old testimony by Cosby in a civil case that was unsealed a year ago.
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USA prosecutors can proceed with a sexual assault charge against comedian Bill Cosby, a judge has ruled.
They contend that then-District Attorney Bruce Castor’s 2005 decision not to prosecute bars his successors from filing charges.
The current district attorney, Kevin Steele, has said there is no evidence an agreement exists in writing – something Cosby would need to have his case tossed.
“There was a promise made 11 or 12 years ago upon which (Cosby) has relied and that sovereign that made that promise is obligated to live up to it. When a prosecutor gives his or her word, that’s something that’s enforceable”, Tayback argued to the judge.
Attorney Gloria Allred, who grilled Cosby during an October deposition on behalf of one his accusers, said she was happy with the turn of events.
No other criminal charges have been filed against Cosby, although he is facing lawsuits by accusers in California and MA.
Now a judge is saying Cosby’s deal with the old district attorney is NOT valid and that he must face the music.
Bill Cosby’s top lawyer says he thought criminal charges were off the table when he let the comedian testify in a lawsuit over a Pennsylvania woman’s claim he sexually assaulted her.
More than 50 women have accused Cosby of drugging and sexually assaulting them since the 1960s, but the statute of limitations for prosecuting the comic has run out in almost every instance.
Judge Steven T. O’Neill told the courtroom he’ll “conclude this case one way or another tonight”. The comedian could face up to 10 years in prison if convicted.
John P. Schmitt, who was Cosby’s general counsel for more than two decades, testified he believed there was a binding, oral assurance from Castor to Phillips that Cosby would not be prosecuted.
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.
He did add that, although his testimony could only help Cosby’s case, he’s hoping for the prosecution to win.
Constand has filed a defamation suit against Castor, claiming he libeled her with comments he made to the press about her previous year.
Also Tuesday in a separate case, a woman dropped a civil suit against the legendary comedian in a California court.
Cosby is charged with drugging and assaulting a former Temple University employee in 2004.
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Cosby answered questions for four days, and settled out of court with Constand in 2006.
