“It’s our position that we’re not going to re-traumatise victims at preliminary hearings”, Mr Steele told the judge, adding that he is using the rule change in a variety of sex assault cases, not just Mr Cosby’s.
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A crush of reporters, photographers and camera crews gathered outside the Montgomery County courthouse to cover the arrival of 78-year-old.
The Cosby Show star is facing felony charges of aggravated indecent assault, amid allegations he drugged and sexually assaulted former Temple University employee Andrea Constand at his home in Pennsylvania in 2004.
The defense asked the court to either dismiss the charges against Cosby or to hold another hearing in which Constand testifies.
“There’s nothing in the record that suggests Ms. Constand is unavailable”, Cosby attorney Christopher Tayback said.
Cosby argued that by refusing to call Andrea Constand, one of his many accusers and the only one whose accusations are now being brought to trial, prosecutors shielded her from cross-examination.
Judge Steven T. O’Neill of the Montgomery County Court of Common Pleas said the decision to reject Cosby’s request was “a very hard call”.
After a long legal battle, Montgomery County prosecutors were thought to have cleared the final obstacle in the way of bringing the comedian to trial when they prevailed in the 24 May hearing. However, the state Supreme Court has agreed to review the decision, leading Cosby’s lawyers to challenge it.
Dates have yet to be formally set, but Cosby will stand trial, and given the defense’s intentness on cross-examining Constand, she’ll likely take the stand.
That hearing saw Cosby ordered to stand trial.
Cosby’s spokesman, Andrew Wyatt declined to comment on the court’s ruling.
Authorities reopened the case past year after learning he had acknowledged in a deposition that he had given the woman pills and then engaged in sex acts with her.
“That’s the stage where he will be able to do that”, Steele said.
“We will now move this case forward”, said District Attorney Kevin R. Steele.
Judge Steven O’Neil denied his motion to have his accuser Andrea Constand to be cross examined and testify under oath.
He denies the charges and claims the alleged encounter was consensual.
“We are confident that our state’s highest court will right this wrong, will reverse this decision and allow us to begin our journey to making sure that Mr Cosby is proven innocent”, he said.
Bill Cosby has questions for the woman accusing him of sexual assault. Her lawyers believe Cosby gave her something stronger than Benadryl.
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Lawsuits have been filed against him by his accusers for defamation of character.
