Bill Cosby Likely Headed for Sexual Assault Trial in Pennsylvania

Bill Cosby’s motion to have three counts of sexual assault against him in Pennsylvania dismissed has been denied, as has his request that the Montgomery County District Attorney be removed from the case.

According to court records, Cosby was accused of drugging former Temple University basketball employee Andrea Constand at his home in 2004 and sexually assaulting her. The then-Montgomery County DA, Bruce Castor, testified that he made an oral agreement at the time with Cosby’s attorney not to prosecute him for the incident. Castor testified that he declined to prosecute Cosby in order to remove his privilege to plead the 5th at a civil trial.

However, Castor said the only person he told of his intentions not to prosecute was Cosby’s attorney at the time, Walter Phillips. Phillips died in 2015 so could not corroborate Castor’s testimony. Castor also issued a press release in 2005 about his decision not to prosecute Cosby but did not put his promise in writing — a move the judge in the motion to dismiss hearing found perplexing.

Cosby testified at that civil trial he had obtained Quaaludes to facilitate sex with women — testimony he said he gave because he believed he had criminal immunity. That testimony was unsealed last summer and current Montgomery County DA Kevin Steele reopened the criminal investigation.

A preliminary hearing has been set for March 8 to determine whether the prosecution has sufficient evidence to proceed to trial. A different judge will be sitting at that hearing, but many experts believe the case is likely to move forward.

The Cogdell Law Firm is a full service criminal litigation and appellate law firm. We provide client-focused representation at all stages of the process, whether our clients are seeking to avoid charges, have been charged, or are seeking reversal of a conviction on appeal. When results matter most, contact Dan Cogdell at (713) 426-2244 or dan@cogdell-law.com.

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