Bill Cosby arrived for his second pretrial hearing on Wednesday, with his defense team at the ready for seeking a dismissal on the 2004 case of the alleged sexual assault of Andrea Constand.
All in all, this week's hearings are expected to determine if a 2005 deposition in Constand's civil case can be used in the criminal trial; if Cosby's near blindness makes him unable to defend himself and properly recall his accusers; and if the actor's right to due process was violated by the long delay in investigators building a criminal case, especially when the civil suit against him had already been dropped, Deadline reports.
Cosby's lawyer, Angela Agrusa, harped on the delay in particular, claiming the charges stemmed from Kevin Steele's election campaign for district attorney against Castor last year in Montgomery County.
"In his campaign, he elected to platform against Mr. Castor on the theory that he would be tougher on sexual predators like Mr. Cosby," Agrusa said. "We believe this case is not about (a) deposition. It's about a prosecutorial change of policy."
"While the government did nothing for a full decade, it gained tremendous strategic advantage over Mr. Cosby," Agrusa continued, citing the convenient loss of evidence, the loss of key witnesses (including Cosby's late attorney Wally Phillips), as well as the comedian's ailing health.
Should Judge Steven O'Neil rule to proceed, the trial is set to begin in June.
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