Bill Cosby's attorneys have made yet another attempt to dismiss criminal charges pending against him for sexual assault in Montgomery County, PA, asserting that "prosecutorial and judicial impropriety" has deprived the comedian of his rights to a fair trial.
In a new court filing, Cosby's defense team recounted that the Montgomery County D.A.'s office had pledged not to prosecute the 79-year-old in 2005 after Andrea Constand's sexual assault case.
As Radar previously reported, the former Temple University employee accused Cosby of drugging and molesting her near her Philadelphia home in 2004.
At the time, the D.A. concluded that there was "insufficient credible and admissible evidence" to charge Cosby. America's then-favorite dad later waived his right to invoke the Fifth Amendment when testifying in a civil case brought by Constand, under the impression that he would not be prosecuted further.
The motion also cited that in July, the judge overseeing Constand's civil case improperly unsealed Cosby's confidential testimony, claiming that it was widely misreported and raised "an enormous presumption of guilt in the public's mind."
"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.
But Cosby's not out of the woods yet! As Radar uncovered last month, according to bombshell court documents, the conniving comic offered to buy off Constand and her mother Gianna — and they secretly recorded that damning phone conversation!
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