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Judge allows Bill Cosby case to go forward

Journal Staff Report | 2/4/2016, 12:44 p.m.
A judge ruled Wednesday that prosecutors are not bound by a district attorney’s decision a decade ago not to prosecute ...
Bill Cosby

A judge ruled Wednesday that prosecutors are not bound by a district attorney’s decision a decade ago not to prosecute Bill Cosby on sexual assault charges.

Montgomery County, Pa. Judge Steven T. O’Neill said current prosecutors are not bound by former Montgomery County District Attorney Bruce Castor’s decision 11 years ago not to charge Cosby in the case of Andrea Constand, a former Temple University staff member who said the entertainer had drugged and molested her at his suburban Philadelphia home.

Cosby’s lawyers had sought to have the charges dismissed, arguing that Castor had made a binding decision in 2005 never to prosecute Cosby.

“A promise of a prosecutor, even an oral promise, is absolutely 100 percent enforceable, Christopher Tayback, one of Cosby’s lawyers told Judge O’Neill.

However, Judge O’Neill said he found “no basis to grant the relief request.”

The case will now head toward trial, and the judge set a date for a preliminary hearing on March 8. A spokesman for Cosby said the entertainer would appeal the judge’s decision.