Bill Cosby, right, arrives for a hearing in his sexual assault case at the Montgomery County Courthouse on Wednesday, Nov. 2, 2016, in Norristown, Pa. Cosby is returning to court to hear if a judge will allow his damaging decade-old testimony from an accuser's lawsuit to be used at his June criminal trial.
The hearing is expected to continue Wednesday afternoon, when prosecutors will seek the judge's permission to present testimony at trial from 13 other women who claim Cosby also drugged and assaulted them in encounters dating back decades.
"He can not see", defense lawyer Angela C. Agrusa argued in Montgomery County Court as she and co-defense lawyer Brian J. McMonagle tried to convince a judge to dismiss charges of aggravated indecent assault against the 79-year-old actor and comedian.
In not prosecuting Cosby for 11 years, the case became stale, Agrusa said, making it almost impossible for the government to legally pursue and for a defense team to adequately defend.
Falin said prosecutors reopened the criminal investigation in July 2015 after segments of Cosby's deposition connected to a 2005 civil suit brought against him by Constand were unsealed by a federal judge.
O'Neill on Tuesday heard arguments over whether Cosby's testimony from Constand's civil case should be barred from trial.
"While the government did nothing for a full decade, it gained tremendous strategic advantage over Mr. Cosby", Agrusa continued, citing the convenient loss of evidence, the loss of key witnesses (including Cosby's late attorney Wally Phillips), as well as the comedian's ailing health.
The judge previously refused to dismiss the charges on those grounds, but is now being asked to suppress the deposition when the case goes to trial. A hearing on the issue began Tuesday and resumed Wednesday.
They have argued that because Cosby is now legally blind, he is unable to participate fully in his defence. The long-married comedian testified about a series of affairs with young women and said he sometimes gave them pills or alcohol before sex.
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Both Steele and defense attorney Brian McMonagle said they are ready, after those hearings, to move forward.
In addition, said Agrusa, Cosby's eyesight has further deteriorated.
Agrusa asked Judge Steven T. O'Neill to find that Cosby's "due process rights were violated" by the prosecution's "unjustified delay" in filing charges against Cosby. He is free on $1 million bail.
The only pretrial motions still to be addressed are the motions concerning the 13 women that prosecutors want to call and a change of venue request.
However, prosecutors said Cosby himself caused the delay by fighting efforts by The Associated Press - in 2006 and again in 2014 - to unseal his testimony in Constand's 2005 lawsuit.
The decision by one of Steele's predecessors - Bruce L. Castor Jr. - to prosecute Cosby when Constand first came forward became a defining issue in the race last fall that swept Steele into office, the defense lawyer noted. He is set for trial in June, but several days of pre-trial hearings have been set to work out numerous pending motions and arguments.
"The fact that even the most fervently held memories can actually be tainted - or altogether false - is supported by a vast existing and growing body of science", McMonagle wrote. Please see our terms of service for more information.
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