LawNewz.com’s Editor-At-Large Beth Karas is at the Bill Cosby hearing, and provided the details for this report:
Pennsylvania Judge Steven T O’Neill denied Bill Cosby’s motion to dismiss a criminal case against him. Cosby is charged with aggravated indecent assault after allegations surfaced he raped and drugged Andrea Constead. The entertainer claims it was consensual.
During today’s hearing, Cosby’s attorneys argued that a promise not to prosecute by a former district attorney prevented the case from moving forward. However, a judge denied their motion to dismiss the case.
Former Montgomery District Attorney, Bruce Castor, testified Tuesday that he didn’t think there was enough evidence to charge Cosby back in 2005. Cosby says he only waived his right not to incriminate himself during a civil deposition because of the alleged agreement. Constand filed a lawsuit against him, and prosecutors want to use Cosby’s deposition in that case as evidence of the crime.
The judge did not prevent the civil deposition from being introduced during Cosby’s criminal case. However, the defense can move to suppress it later on.
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