By Jeremy Roebuck, STAFF WRITER/Philly.Com/
Bill Cosby on Thursday resumed his bid to have his sexual assault case thrown out, arguing that the 11-year delay in his prosecution will make it impossible for him to receive a fair trial.
In a motion filed in Montgomery County Court, the 79-year-old entertainer said that his eyesight has failed, and that his memory has faded. He also said that a key witness to a non-prosecution promise he received from a former district attorney had died in the years since his accuser, Andrea Constand, first alleged to police that Cosby had assaulted her.
“The question before this court is why the field of investigation was allowed to lie fallow while witnesses died and evidence disappeared,” Cosby’s attorney Brian J. McMonagle wrote in the 25-page motion. “There is no valid justification for the Commonwealth’s delay. It simply did nothing for over a decade.”
Common Pleas Court Judge Steven T. O’Neill rejected similar arguments from Cosby as his attorneys sought to have the case tossed before an early evidentiary hearing earlier this year.
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SOURCE: Philly.Com Online