Embattled actor Bill Cosby is seeking to have his sexual assault charges dismissed once more.
The Cosby Show star, 78, appeared in Montgomery County Courthouse, Pennsylvania last month (May16) for a preliminary hearing on felony charges of aggravated indecent assault, amid allegations he drugged and sexually assaulted former Temple University employee Andrea Constand at his home in the state in 2004.
Judge Elizabeth MCHugh ruled there was sufficient evidence to proceed to trial, and set his arraignment for 20 July (16).
On Wednesday (08Jun16), Cosby's lawyer filed a motion requesting the case be dismissed or a new preliminary hearing be set. In the legal papers filed, his attorneys claim The Cosby Show star was denied the proper process pertaining to the hearing.
"During this hearing, the Commonwealth relied solely upon hearsay evidence to establish the elements of the charged offense, without providing Mr. Cosby an opportunity to confront and cross-examine his accuser," the petition reads. "Mr. Cosby objected and requested permission to cross-examine his accuser, but the court overruled the objection and allowed the Commonwealth to proceed based upon hearsay."
If the comedian's motion is denied, his lawyers are seeking to have Constand take the stand to testify in a new preliminary hearing later this year (16).
Cosby faces up to 10 years in prison if convicted.
Earlier this year (16), Cosby's legal team requested a dismissal of a trial, arguing the 78-year-old reportedly had an agreement in place with a previous district attorney, who promised to not press charges over his deposition regarding the alleged encounter with Constand. The defence team insisted the prosecutor filed the new sexual assault charge against Cosby partly because of the leaked statements he made in a 2006 deposition, in which he confessed to obtaining sedatives to give to women he wanted to have sex with.
The veteran comedian, who is free on $1 million (£690,000) bail, has been accused of rape, drugging and/or performing inappropriate sex acts by over 50 women since late 2014. He has denied all allegations.
Almost all of the decades-old incidents cannot be brought to trial because the accusers waited too long to file complaints against Cosby.
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