Bill Cosby's Due Process Rights Were Not Violated, Judge Finds

Bill Cosby's latest attempt to have the indecent assault case against him thrown out due to an alleged violation of his due process rights has been dismissed by a judge in Montgomery County.

Cosby's legal team had alleged that his due process rights were violated because charges were not filed for 10 years after the alleged incident occurred. During that time, his lawyers claimed, his case became the focal point of the 2015 Montgomery County District Attorney election, and Cosby was found guilty prematurely in the eyes of the public.

In a series of court orders Wednesday, Judge Steven T. O'Neill also denied another motion that had been put forth by the defense: the request that Cosby's other accusers undergo "competency" hearings before their testimony is allowed in court. In the motion filed October 31, lawyers argued that the testimony of these accusers was not reliable. The motion cites the fact that the accusers cite incidents dating back to the 1960s and questions whether they have "the ability to remember the event which was observed or perceived."

Cosby is going to trial for his alleged assault of former Temple University employee and acquaintance, Andrea Constand. Dozens of women have accused Cosby, but no cases have been brought this far along in the legal process.

Cosby's official trial date has been set for June 5, 2017, but there are more pretrial hearings still to come. Cosby's next court appearance has been set for December 13 and 14. The judge will hear arguments on the prosecution's filing to introduce evidence of Cosby's prior indiscretions. If they are successful, it could mean that testimony of other accusers could be used against Cosby in the Constand case.

Image courtesy Montgomery County District Attorney's Office.