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Actor Bill Cosby's lawyers were expected to ask a judge on Tuesday to dismiss criminal charges against him based on an agreement Cosby made with a district attorney nearly a decade ago.

Bill Cosby arrived in Norristown, Pa. Tuesday morning for a preliminary hearing on the sexual assault charges filed against him in December, The New York Times reports.

The hearing at the Montgomery County courthouse was set to determine if the case will proceed with the criminal charges issued by Andrea Constand, who claimed she was sexually assaulted by the comedian at his home in 2004. The accusation–similar to those informally lodged against him by 50 other women–is in addition to two civil cases Cosby is currently facing.

His lawyers attempted to prove Constand’s complaint had no merit with star witness Bruce L. Castor Jr., the attorney district in Montgomery County at the time of Constand’s initial 2004 civil suit against Cosby. Castor declared over 10 years ago that Cosby could not be prosecuted in the case because of “insufficient credible and admissible evidence,” according to the report.

Despite his past ruling, Castor testified that he was not on the comedian’s side.

USA Today reports:

Castor said there was “insufficient, credible and admissible evidence” in 2005 to show Cosby had committed a crime without a reasonable doubt. Plus, he told the court, Constand didn’t behave like a victim of sexual assault.

“Let’s be clear,” Castor said to Cosby’s attorney.  “I’m not on your team here. I want (prosecutors) to win” at the hearing.

On cross-examination, Castor was asked whether he believed what Constand said happened to her more than a decade ago. What he believes and what he can prove are two different things, he replied.

“What I think is that Andrea Constand was inappropriately touched by Mr. Cosby,” Castor said. “I am not analyzing back in 2005 as to what I think. I am analyzing it back in 2005 as to what I can prove.”

Cosby’s previous case with Constand was settled in 2006.

If the judge decides to move forward with the charges, the case will head to a former preliminary hearing and ultimately a trial. If not, the move would weaken other women’s assault claims against Cosby and affect another ongoing civil case in Los Angeles, in which he is facing accusations of sexually assaulting Judy Huth at the Playboy Mansion in 1974 when she was 15 years old.

So far, Cosby has sat during two depositions lead by Huth’s lawyer Gloria Allred. While he has declined to answer certain questions during the depositions, Los Angeles County Superior Court Judge Craig Karlan ruled the comedian will go through yet another half-day deposition on Feb. 29.

In reference to the other current civil suit, Las Vegas dancer Chloe Goins, 25, who accused Cosby of drugging and sexually assaulting her at the Playboy Mansion in 2008 when she was 18, has dropped her lawsuit. She did not provide a reason.

SOURCE: NY Times, USA Today | VIDEO CREDIT: Inform


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