Cosby Loses Attempt to Have Charges Dropped
Just when it seemed that things couldn’t get any worse for Bill Cosby’s sexual assault case, he loses another bid to toss the criminal charges against him. On Thursday, Cosby appeared in a Norristown, Penn., court to request approval for the defendant to provide more substantial statement documenting his involvement in one of many accusations brought against him.
Judge Steven O’Neil denied his motion to have his accuser Andrea Constand to be cross examined and testify under oath. The decision stems from allegations of aggravated sexual assault during a 2004 encounter between the pair. He said enough evidence existed to move forward with a trial, USA Today reported.
“Once again the Prosecution had the opportunity and the obligation to place Mr. Cosby’s accuser under oath so that we can search for the truth but they refused,” according to a statement from Cosby’s legal team. “We truly believe that our Supreme Court will right this wrong and reverse this decision so that we can finish the mission of proving Mr. Cosby’s innocence.”
Brian McMonagle, Cosby’s lead defense lawyer, said Constand’s original statements remain as hearsay and raises even more questions due to the large amount of time that has passed. “We’re talking about an allegation of assault that happened over 11 years ago. You know what a witness can do? A witness can recant,” he said in court.
Constand, who didn’t testify at the preliminary hearing in May, considered Cosby a mentor while she was working at Temple University. Prosecutors have used her original police statement to uphold the charges. The then-31-year-old sued him civil court for drugging and molesting her during a meeting at his Philadelphia home. At the time charges no charges were placed against him, after she disclosed to Police.
Last year, prosecutors reopened the case after new accusations and evidence surfaced. In Court, Cosby expressed that he gave Constand Benadryl and pronounced their encounter as consensual. However, her lawyer believes that Cosby gave her something stronger leaving her to be unconscious and motionless.
The Supreme Court is currently reviewing whether a defendant has the right to challenge a witness in a preliminary hearing. The High Court has not released any statements on if they will evaluate any disputes on the issue.
Lawsuits have been filed against him by his accusers for defamation of character. But Cosby’s legal team has wrangled back with several countersuits, including one that demands Constand to refund him the money he paid her in their civil settlement.