Bill Cosby was back in court in Norristown, Pennsylvania on Tuesday morning in hopes of persuading the judge to dismiss the Andrea Constand criminal sexual-assault charges.
This is the only criminal case against the comedian out of dozens of accusations.
The defense is arguing that the charges should be dropped because Cosby had a deal with former District Attorney Bruce Castor in 2005 that he wouldn't be prosecuted if he testified freely in Constand's case — which he did.
Back in 2004, Cosby admitted in the deposition that he had a series of affairs with young women with whom he gave quaaludes before sex. He testified that he gave Constand three pills before the January encounter over a decade ago at his home — but insisted it was consensual. Constand says she was drugged and assaulted.
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On Tuesday, the 78-year-old's legal team brought key witness Castor to the stand where he testified about this "no-prosecution" deal and why he didn't pursue criminal charges against Cosby back in 2005.
The hearing came to a halt when Castor made several claims about Constand's original deposition.
"There were a number of inconsistencies among these statements that Ms. Constand had given that caused me concern because I knew inconsistencies on material points were things that would affect her credibility at trial … The length of time Ms. Constand took to go the police made forensic evidence impossible … and could never be resurrected."
Castor added that Constand's claims were "inconsistent with the behavior of a person who had been sexually assaulted" which caused credibility issues during the 2005 civil suit.
Because of that, Castor said he thought a settlement was the best option for the alleged victim:
"I thought at the time and still think that making Mr. Cosby pay money to Ms. Constand was the best I was going to be able to set the stage for, because a criminal prosecution, in my professional opinion, was not viable and never would be … I was hopeful I had made Ms. Constand a millionaire."
When the hearing resumed, current District Attorney Kevin Steele argued against Cosby's motion to dismiss, saying that an immunity deal must be in writing — and since it wasn't, it shouldn't be considered in this case.
However, according to legal analysts, if Cosby can prove that he relied on Castor's promise to not be prosecuted, he stands a chance to have the charges dismissed, or at least have the deposition thrown out.
If that doesn't work, Cosby's team has sought to dismiss the charges based on other factors, like the long period of time between the alleged crime and the prosecution.
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[Image via AP Images.]
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