Lawyers for Constand painted Bill Cosby as a hostile figure in past legal proceedings and called the actions of a district attorney who didn't prosecute him politically motivated during testimony at Cosby's hearing Wednesday afternoon.
Bill Cosby will face a challenge on Wednesday from Pennsylvania prosecutors, who have charged him with sexually assaulting a woman a decade ago and are denying the comedian's claim that he can not be prosecuted for the alleged crime. He testified that in deciding not to charge Cosby, he meant to forever close the door on prosecuting the comedian.
In weighing that decision, Montgomery County Judge Steven T. O'Neill said there are no similar cases to compare this one to, but after weighing the arguments of both sides, he ruled the defense had no basis to ask for a dismissal of charges.
Dolores Troiani, one of Constand's attorneys, said they were pleased with the decision. The case was reopened in December 2015, just before the 12-year statute of limitations was set to run out. "There's no contract in this".
Whether or not Cosby will really go to trial will be determined on or after March 8, when the preliminary hearing decides whether or not Cosby will actually be placed on trial, as reported by USA Today.
Former Montgomery County District Attorney Bruce Castor took the stand in a bid by Cosby's lawyers to get the case against the TV star thrown out long before trial because of what they say is a non-prosecution agreement with Castor. Phillips has since died and Castor was the prime defense witness regarding the alleged promise. Steele argued that in any case, Castor had no legal authority to make such a deal.
On Tuesday, Castor testified that as an elected representative of the state, he had the power to give Cosby a lifetime pass from prosecution. "And you have to understand what happened with Mr. Castor, that was a major issue".
Here, Castor said he was clearing the way for Cosby to testify in a lawsuit that, at the time of his decision, hadn't been filed yet.
Montgomery County District Attorney Kevin Steele heads back into a courtroom after a lunch break in a pre-trail hearing for entertainer Bill Cosby Tuesday in Norristown. In that deposition, he admitted giving Quaaludes to another woman, and three half-tablets of Benedryl to Constand.
Schmitt added that he believed the verbal word Castor gave his client more than 10 years ago and acknowledged the two parties had no written agreement.
Similarly, Cosby's lawyers said they never would have let the TV star testify in the civil case if they didn't believe criminal charges were off the table.
The suit was settled in 2006 with a confidential settlement agreement but not before a judge compelled Cosby to answer questions under oath. "Because they didn't have it", Steele argued. "We were very upset", Kivitz testified. According to Ferrier, she woke up in the back of her auto with her clothes tangled about.
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