Judge Won't Stop Bill Cosby Sex Assault Trial Due to Old 'Deal'
Feb 3 2016
A Pennsylvania judge ruled Wednesday that a sexual assault case against Bill Cosby can move forward after finding that a 2005 decision not to charge him with a crime doesn't stop prosecutors from putting him on trial now.
The actor's lawyers claimed that the Montgomery County District Attorney's office made a no-prosecution deal a decade ago that is still in force, but the current DA argued it wasn't a binding agreement.
After a two-day hearing, the judge decided not to toss out a charge of aggravated indecent assault against the 78-year-old comedian, setting the stage for a trial.
The charge stems from allegations by Andrea Constand that Cosby drugged and molested her at his home in the Philadelphia suburbs in 2004.
Cosby's lead defense attorney, Brian McMonagle, declined to say Wednesday whether he will appeal the judge's decision, but Cosby's attorneys have that option.
Cosby's publicist said the decision will be appealed. "After two days' presentation of evidence and law in support of Mr. Cosby's habeas petition, the decision reached by the court was wrong," publicist Andrew Wyatt said....
Cosby has denied any criminal wrongdoing. In a deposition he gave in a lawsuit filed by Constand, he admitted he gave her Benadryl and wine but said the encounter was consensual....