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PA Judge Rules That Bill Cosby Case Can Proceed

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Eric Lieberman Managing Editor
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A Pennsylvania judge just put the kibosh on Bill Cosby’s latest effort to have his sexual-assault charges removed.

Judge Steven O’Neill ruled Thursday that there was enough evidence to try Cosby for a sexual assault accusation stemming from a 2004 incident.

The District Attorney’s office, located in Norristown, not far from Philadelphia, reopened the Andrea Constand case late in 2015, only weeks before the statute of limitations was set to run out.

Cosby and his legal team tried to argue that since they were not able to cross-examine the accuser, who did not show up to the preliminary hearing, that the case should be dismissed. They contend that a trial was contingent on their ability to interrogate Constand in court, but their habeas corpus petition was denied.

A Cosby spokesman issued a statement, according to USA Today:

“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. Today a man who has meant so much to so many; a man who has given so much to so many; has had his constitutional rights trampled on. 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.”

Prosecutors cited a 2015 state Superior Court ruling that permits hearsay testimony at preliminary hearings in order to limit the amount of times alleged victims have to rehash the stories due to several court appearances.

The Pennsylvania state Supreme Court is currently in possession of a petition that challenges whether a defendant has a right to confront a witnesses at a preliminary hearing. There is no timetable for a response.

Kevin Steele, who is now head district attorney of Montgomery County, Pennsylvania, described the proceedings in a public press conference:

“We have enough to proceed for trial. The defense operated under a mistaken belief that they had a right to confront the victim at this stage. They do not; there is a rule that says otherwise. There is case law that says otherwise. And so we operated under that in following the rules, which seemingly don’t apply to them. However, the court agreed with us and we’re now going to move this case forward and try to bring justice in the case.”

The prosecution of Cosby was a big component of the relatively hostile election for the District Attorney position between former head district attorney Bruce Castor and then first assistant district attorney Kevin Steele. Not often seen in local politics, Steele released a television ad called “Tough” outlining his impressive record as a public official, while also criticizing Castor for not taking legal action against Cosby while he was at the helm.

So far there have been 58 women who have accused Cosby of sexual misconduct in the past few years. Constand’s case is the last one that is viable due to the other accusations transpiring too long after the original crime in question.

(The author of this piece is a former intern for Montgomery County District Attorney’s Office in Pennsylvania)

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Eric Lieberman