Court to Hear Motion to Dismiss in Cosby Criminal Case

Court to Hear Motion to Dismiss in Cosby Criminal Case

Comedian Bill Cosby’s criminal trial in a Pennsylvania court is currently on hold, as an appeals court hears arguments on whether the case against him should be dismissed before trial. Cosby faces criminal charges in Montgomery County tied to allegations that he drugged and molested a Temple University employee in his home in Philadelphia in 2004.

According to Cosby, he had entered into an agreement with a former district attorney, whereby he was promised that he would never be charged with any crime tied to or based on allegations by Temple employee Andrea Constand. Cosby claims that that agreement should be binding on current district attorney Kevin Steele. Cosby and prosecutors acknowledge that Constand filed a complaint in 2005, and that an investigation took place, but that no charges were filed.

Common Pleas Judge Steven O’Neill, who took testimony for two days on the issue, ruled that there was no credible evidence that Cosby had entered into a binding agreement. Bruce Castor, the former district attorney, actually testified on behalf of Cosby, but admitted that the parties did not memorialize the agreement in writing. Cosby’s attorneys say that, based on a 2005 news release from Castor, they allowed Cosby to be deposed in a civil lawsuit tied to the alleged assault. They contend that the “new evidence” cited by Steele comes from testimony given at that deposition.

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