Judge: Cosby sexual assault case can proceed

PHILADELPHIA, April 26 (UPI) -- The Pennsylvania Superior Court on Monday refused Bill Cosby's request to dismiss the sexual assault case against him, allowing him to face trial for the alleged sexual assault of former Temple University employee Andrea Constand.

Lawyers for Cosby argued in February that the deal Cosby had struck with a former district attorney excluded him from criminal prosecution. A previous court also threw out the request to dismiss, but a possible trial was on hold while Cosby's lawyers appealed. On Monday, the appeal failed.

A preliminary hearing can now go forward. The district attorney said the comedian's civil deposition from 2005 and 2006 contain evidence that warrant charges.

"We are ready for that [preliminary] hearing and look forward to the Court setting a date so we can present our case," Montgomery County District Attorney Kevin Steele said in a statement.

Cosby's lawyers had no comment.

Cosby, 78, is charged with aggravated indecent assault for allegedly drugging and sexually assaulting Constand in January 2004 at his Elkins Park, Pennsylvania mansion.