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Bill Cosby Does Not Want His Civil Deposition Used in His Sexual Assault Trial

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KENA BETANCUR/AFP/Getty

Bill Cosby left court in Norristown, Pennsylvania around 5 p.m. Tuesday after a full day of legal arguments in the first of a series of hearings to decide what evidence gets admitted at his sexual assault trial and whether the criminal charges against him should be dismissed.

Cosby, 79, is charged with three counts of aggravated indecent assault for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand, now 43, at his Elkins Park, Pennsylvania, mansion in January 2004.

He has pleaded not guilty to the charges and has denied similar allegations from more than 50 women.

Attorneys on both sides spent the bulk of Tuesday arguing whether Cosby’s deposition from a long-settled civil suit by Constand should be admissible as evidence.

Montgomery County Judge Steven O’Neill has scheduled four days in November and December to hear arguments on that issue and two others  in Cosby’s case: whether 13 other women with similar allegations to Constand’s should be allowed to testify at trial and whether his due process rights were violated by the lengthy delay in arresting him following the alleged assault.

(The latter dismissal motion is not the first time Cosby’s team has sought to have his case tossed out.)

Cosby is also expected to produce a doctor’s note confirming that he is legally blind, according to an Oct. 27 filing by his legal team.

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KENA BETANCUR/AFP/Getty
KENA BETANCUR/AFP/Getty

On Monday, Cosby’s team filed two lengthy motions dealing with the 13 women the prosecution wants to testify:

The first argued against the women being allowed to testify because their accounts are “based solely on the tainted unreliable memories of women, now in their senior years.”

The second motion, should the judge allow their testimony, asked the judge to hold competency hearings on each of the women beforehand because “memories are far from infallible,” Cosby defense attorneys Brian McMonagle and Angela Agrusa wrote in the filing.

“Science tells us that memories are corruptible, vulnerable to suggestion and change depending on numerous factors like how questions are asked,” they wrote.

In early October, Montgomery County District Attorney Kevin Steele’s motion fired back at Cosby’s latest attempts to dismiss his case, saying, “He is an individual who has used his fame and fortune for decades to conceal his crimes and hide his true nature. He is not entitled to a dismissal now that the law has caught up to him.”

Cosby’s trial is scheduled for June. He will be back in court on Wednesday.