Four days after trying to put the brakes on criminal charges and a sexual assault case against him in Pennsylvania, Bill Cosby today got a curt answer from the judge overseeing the matter. “It is hereby ordered and decreed that the motion is denied, “ wrote Judge Steven O’Neill on Tuesday (read it here).
On February 12, Cosby and his lawyers filed a direct appeal to the state’s Superior Court to appeal O’Neill’s ruling February 3 that the case involving a trio of felony second-degree aggravated indecent assault charges could go forward. At the same time, The Cosby Show star also put paperwork in the court docket to get O’Neill to certify their appeal “in the interest of judicial economy.”
Nope, O’Neill said of the tactic. Make your case to me at the scheduled March 8 preliminary hearing. “The Court finds that the Orders of February 4, 2016 do not involve controlling questions of law as to which there is substantial ground for difference of opinion and an immediate appeal from these orders would not materially advance the ultimate termination of the matter,” the judge said today.
As the March 8 hearing nears, the Pennsylvania Superior Court has yet to rule whether it will hear Cosby’s appeal. Although Cosby is facing several defamation cases around the country from some of the more than 50 women who claim he drugged and sexually assaulted them over the decades, the case involving former Temple University employee Andrea Constand is the only criminal charges faced by the once beloved 78-year old actor-comedian. If convicted, Cosby could get up to 10 years in prison and pay a $25,000 fine.
Out on $1 million bail after being formally charged late last year before the 12-year statute of limitations expired, Cosby tried before to stunt the case by asserting the current Montgomery County District Attorney’s action stemming from the alleged assault should be tossed out. His POV was that the former Montgomery County DA had agreed more than a decade ago to a no-prosecution deal. After two days of hearings, in which the ex-DA, Bruce Castor, testified he made the deal due to lack of evidence and to let a civil case go forward, O’Neill said the deal didn’t matter, rejected Cosby’s dismissal action and moved the case forward.