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Court REJECTS Bill Cosby's Appeal To Dismiss Criminal Case

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Oct. 12 2016, Published 4:05 p.m. ET

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After Bill Cosby's attorneys made yet another attempt to dismiss criminal charges pending against him for sexual assault in Montgomery County, PA, has learned that the trial will, in fact, proceed.

"Pennsylvania Superior Court rejects Cosby's latest appeal in his criminal case," Laura McCrystal, reporter for The Philadelphia Inquirer, tweeted this morning.

As readers know, the case surrounds claims of former Temple University employee, Andrea Constand, who accused Cosby of drugging and molesting her near her Philadelphia home in 2004.

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In Cosby's second appeal to have the case dismissed, the 79-year-old's lawyers asserted that "prosecutorial and judicial impropriety" had deprived the comedian of his rights to a fair trial.

When Constand's original case went cold —the D.A. concluded there was "insufficient credible and admissible evidence" to charge Cosby — America's then-favorite dad waived his right to invoke the Fifth Amendment when testifying in the civil case brought by Constand, under the impression that he would not be prosecuted further.

"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, Angela Agrusa of Liner LLP and Brian McMonagle of McMonagle, Perri, McHugh & Mishak, argued in the court filing.

But now, after a second attempt to get out of the whole thing, Cosby will be forced to stand trial in the criminal case after all.

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