Summary: The legal team for comedian Bill Cosby has filed a motion to have the assault charges dropped due to the lack of ability to a fair trial and other reasons.
Bill Cosby is pulling out the tricks to try and save himself. His lawyers launched their latest attempt to have the sexual assault charges against him dropped based on “prejudice, bias, and delay.” The motion was filed in the Pennsylvania court Thursday where Cosby is facing trial for the incident with Andrea Constand several years ago in 2004. She was a Temple University basketball staffer at that time.
Cosby’s attorneys Brian McMonagle and Angela Agrusa filed the 30 page motion demanding the “stale charges against Bill Cosby” be tossed out. The motion claims that the delay in bringing charges against Cosby has prejudiced the jury and violated his due-process rights. The motion also uses the alleged agreement made by a former Montgomery County district attorney not to prosecute Cosby over a decade ago as reason for the charges to be dismissed in combination with the alleged civil-trial documents being improperly unsealed.
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Cosby testified in a civil trial under the assumption he was safe from criminal charges. On July 2015, Judge Eduardo C. Robreno unsealed the details of a civil trial deposition that was then published by the Associated Press. The case became instant front page news that the defense argues prejudiced the jury pool. His team called the release of the civil trials details a “combination of serious prosecutorial and judicial impropriety that have deprived him of his right to a fair trial.”
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Cosby’s previous attempts to have the charges dropped have been rejected by Judge Steven T. O’Neill, who seems intent on pushing the case forward to a trial. Cosby’s attorneys know that they only thing they can really do is put enough doubt into the case that Cosby will be able to receive a fair trial.
The comedian faces three felony counts of aggravated indecent assault from the incident with Constand. He admitted to supplying wine and a pill to her in his suburban Philadelphia home in 2004.
Do you think it is possible for Bill Cosby to receive a fair trial? Tell us your thoughts in the comments below.
To learn more about the allegations against Bill Cosby, read Will Bill Cosby Play the Race Card in Fight Against Criminal Charges?
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