Judge Rejects Latest Bill Cosby Bid to Dismiss Criminal Sexual Assault Case

The Hollywood Reporter

On Wednesday, Bill Cosby was handed two big defeats by a Pennsylvania judge overseeing a criminal case that charges him with sexually assaulting former Temple University employee Andrea Constand. 

Judge Steven O'Neill rejects Cosby's motion to dismiss the charges based on an alleged deprivation of defendant's due process rights.

Cosby had argued that the decade-long delay by the Montgomery County District Attorney to charge the entertainer "created a perfect storm of prejudice, bias and delay," as witnesses died, evidence disappeared and his eyesight slipped. 

His lawyers also again pointed to the non-prosecution agreement, which allowed Cosby to testify in Constand's civil suit, and blamed allegedly inaccurate media reports about the contents of Cosby's deposition as contributing to a political firestorm.

Prosecutors responded that Cosby "is an individual who has used his fame and fortune for decades to conceal his crime and hide his true nature. He is not entitled to a dismissal now that the law has caught up to him."

A short order by the judge Wednesday denies Cosby's motion as the constitutional objection could soon go up on appeal.

Meanwhile, Cosby experienced a second loss when O'Neill wouldn't let him conduct a competency hearing to examine 13 women who prosecutors wish to call to the witness stand to testify about alleged prior bad acts. Those accusers are expected to discuss being given drugs and sexually assaulted by Cosby from decades past. Cosby had hoped to have a psychologist investigate their capacity to observe and remember events.

That doesn't mean just yet these women will be testifying. That will be decided later by the judge, who on Wednesday also deferred a decision on whether or not to allow Cosby's civil deposition into a trial scheduled to happen next summer. A court hearing on possible suppression of evidence will be conducted on Dec. 13 and 14.