Bill Cosby's Lawyers Cite Prejudice In Renewed Attempt To Have Case Dismissed

Lawyers for Bill Cosby have filed a memorandum to have charges against him dismissed, claiming that his rights of due process were violated because charges were not filed for 10 years after the alleged incident occurred.

In a motion filed Thursday, Cosby attorney Brian J. McMonagle cited a previous court case, Commonwealth v. Wright, which said that due process was violated where an “actual prejudice” to the defendant has occurred.

McMonagle says this “actual prejudice” occurred when Cosby’s name became central to the Montgomery County District Attorney election last year. Former Montgomery County District Attorney Bruce Castor, who decided in 2005 not to press charges against Cosby due to a lack of evidence, lost the race to current DA Kevin Steele. Each accused the other of using Cosby as a political prop, and the argument over who was to blame for not pressing charges consumed media attention throughout the race.

McMonagle now alleges that the election generated tremendous negative publicity for Cosby, leading to prejudice against him before charges were ever formally filed or the trial began.

Cosby stands accused of felony indecent assault of a former Temple University employee and acquaintance, Andrea Constand. This is just the latest in a lengthy series of attempts by his legal team to have charges thrown out.

The motion discussed the former comedian’s health in some detail, saying how Cosby’s “eyesight and memory have considerably declined” over the intervening decade, limiting the amount of support he can provide to his defense team.

In a statement issued in response, Steele remained confident in the prosecution’s case against Cosby and called the latest motion a mere “rebranding” effort by the defense. He focused on a part of the motion which noted that the state had once promised to refuse to prosecute Cosby.

“I want to point out that Mr. Cosby’s team is raising once again the fictional assertion that the Commonwealth is failing to follow a ‘promise’ that Cosby would not be prosecuted,” Steele said. “Following two days of testimony on the matter in February, the court ruled that the Commonwealth could proceed."

Steele suggested that the delay in filing charges was connected to a lack of evidence, which he said arose in July 2015.

“We remain ready to present our evidence in court and let a jury decide,” he said.

Cosby's trial date has been set for June 5, 2017, but that date could be pushed back due to Cosby's lawyers crowded schedule.

Image courtesy Montgomery County District Attorney's Office