Bill Cosby is trying yet again to get the only criminal case against him tossed — this time with a filing in Pennsylvania by his new lead attorney. His team has filed a motion seeking to dismiss charges of sexual assault in Montgomery County stemming from an alleged rape in 2004. The trail against the veteran comic is set to begin as early as June 5.

The motion from new lead attorney Angela Agrusa and Brian McMonagle recounts how the Montgomery County DA’s office pledged not to prosecute Cosby in 2005 after a lengthy investigation of claims made by former Temple basketball coach Andrea Constand that he had assaulted her at his home. The lawyers say it’s the first of several new pleadings expected in coming weeks challenging both the criminal and civil cases against him.

“When a defendant is prejudiced by the government’s delay in bringing charges, ‘the absence of valid reasons to justify the late filing of charges will mandate the trial court’ to dismiss those charges,” Cosby’s lawyers said, citing precedent from the Pennsylvania Supreme Court.

If found guilty of the three felony charges of second-degree aggravated indecent assault, Cosby could face 10 years in prison and millions in fines. More than 50 women have accused the Emmy-winning comic actor of assaulting and/or drugging them over the decades, and he still faces more than a dozen civil cases.