Judge will not stop Bill Cosby sex trial

NORRISTOWN, Pa., Feb. 3 (UPI) -- A Pennsylvania judge ruled Wednesday Bill Cosby will still stand trial for sexual assault, regardless of the 2005 decision not to charge him.

The judge sided with the Montgomery County District Attorney that the deal Cosby's lawyers made not to prosecute back then was not binding now, but also tossed a charge of aggravated indecent assault, which cleared the way for the trial to go ahead.

Cosby's lawyers struck a deal with then-district attorney Bruce Castor in 2005 to drop the case in return for full testimony for a civil suit filed by former Temple University employee Andrea Constand.

Constand accused the 78-year-old comedian of drugging and molesting her at his home in 2004.

Cosby admitted in his deposition he gave Constand Benadryl and wine, but said the sex was consensual.

His lawyers also argued that because current D.A. Kevin Steele defeated Castor in an election last year on the campaign promise he would prosecute the Cosby case that Castor chose not to, therefore Steele is bias.

The judge threw that out too.

Castor testified for the hearing, saying he believed Constand, but thought she had "credibility issues" that would have made getting a conviction practically impossible.

It is not known if Cosby's team will appeal the decision.

"A secret agreement that permits a wealthy defendant to buy his way out of a criminal case isn't right," Steele said.

A preliminary hearing for the criminal case is March 8.