Judge rejects Bill Cosby's appeal to throw out sexual assault case

By Marilyn Malara  |  Feb. 17, 2016 at 7:02 AM
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NORRISTOWN, Pa., Feb. 17 (UPI) -- A Montgomery County judge has denied comedian Bill Cosby's appeal aimed at halting a sexual assault case filed against him.

Judge Steven T. O'Neill rejected the attempt Tuesday, writing in his order, "An immediate appeal from these orders would not materially advance the ultimate termination of the matter."

The appeal is one of a two-part petition filed last week by Cosby's lawyers. The other is reportedly pending with the Superior Court.

O'Neill's order is said to move Cosby's criminal case, filed by former Temple University employee Andrea Constand, to an evidence hearing. Earlier this month, the judge ruled Cosby will still stand trial for a charge of aggravated indecent assault despite an alleged verbal agreement not to charge him.

Constand accused Cosby, 78, of drugging and sexually assaulting her in his home in 2004. The allegation led to Cosby's being formally charged and arrested in late 2015; the comedian is currently free on $1 million bail.

Cosby admitted in an earlier deposition he administered Benadryl and wine to Constand, but insisted their subsequent intercourse was consensual.

Over 50 women have come forward to accuse the former Cosby Show actor of drugging and sexually assaulting them, despite many having out-waited their statute of limitations.

Constand's case is one of the very few alleged accusations which could still be heard in criminal court.

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