Bill Cosby’s team said earlier this month they were going to fight the criminal charges and try again to stop the sexual assault case moving forward in the Pennsylvania courts. and today the much accused actor-comedian did just that. “Notice is hereby given that Defendant William H. Cosby Jr., by and through his attorneys, hereby appeals …and to the exceptional circumstances doctrine applicable to appeals of orders denying petitions for writ of habeas corpus and motions to disqualify a district attorney’s office,” said a notice filling Friday by The Cosby Show’s creator (read it here).
On February 3, Judge Steven O’Neill rejected Cosby’s attempts to throw out the only criminal charges laid against him from the dozens and dozens of women who say they were drugged and assault by the actor. He also said No to Cosby’s move to see current Montgomery County District Attorney Kevin Steele pulled for the case. Facing defamation cases and more all over the country, Cosby wants to be have the Judge’s official orders of February 4 certified to any appeal can move ahead quickly. The issues will be addressed in an already scheduled March 8 hearing in Norristown, PA. If convicted, Cosby could get up to 10 years in prison and pay a $25,000 fine.
The newly elected Steele filed the three felony charges of second-degree aggravated indecent assault against Cosby late last year just before the state statute of limitations expired on Andrea Constand’s 2005 case. Cosby has insisted that he couldn’t be charged because of a no-prosecution agreement made by former D.A. Bruce Castor over a decade ago. Castor testified on February 1 that he had come to such an unorthodox decision in Constand’s claims. Saying that he believed Cosby “inappropriately touched” Constnad, the ex-D.A. tried to explain the decision to issue a blanket no prosecution was within his power. He also said that he did what he did partially to make sure Cosby wouldn’t invoke his Fifth Amendment rights in any following civil case with Constand. The Judge didn’t buy it and gave Castor’s decision no standing in the case going ahead.
Alleging that she was drugged and assaulted by the once beloved comedian in his Philadelphia mansion in early 2004, then Temple University employee Constand did pursue the matter and reached a settlement with Cosby in 2005.
The unsealing last summer of Cosby’s explosive deposition in that matter and his admittance that he used drugs for sex with women led to cases such as Janice Dickinson’s ongoing defamation suit here in LA. While the statute of limitations in many jurisdictions has now expired, the criminal charges in Constand’s case could see many of the over 50 women who claim Cosby assaulted them taking the stand as witnesses – a further damning state of affairs for the already destroyed reputation of the comedian.
With Cosby and his wife Camille now scheduled to give further depositions in other cases, the actor has taken to filing countersuits and seeking delays in other suits around the nation. He has also seen a few matters go his way. Last month, the Los Angeles District Attorney’s office decided that Cosby would not not face criminal charges over the sexual assault incidents that allegedly occurred in 2008 at the Playboy Mansion. D.A. Jackie Lacey’s office said that part of the reason was that that witnesses Chloe Goins had claimed existed could not corroborate her story. On February 2, Goins dropped her action against Cosby after what appears to be a settlement was reached.
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