Bill Cosby’s due process rights were not violated by the 11-year delay in his arrest, Pennsylvania prosecutors argued in a strongly worded new court filing following Cosby’s latest motion to dismiss the sexual assault case against him.
“Defendant seeks to avoid facing a jury of his peers — yet again — by asking this Court for the dismissal of charges against him,” Montgomery County District Attorney Kevin Steele said in a Tuesday response to Cosby’s motion, which was filed earlier this month.
The comedian’s defense team argued he has been “deprived of his due process rights,” and they alleged “serious prosecutorial and judicial impropriety.”
“This time [Cosby] complains of pre-arrest delay,” Steele responded in the prosecution’s filing this week. “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, 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 denied her claims as well as similar ones from more than 50 women.
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Cosby spokesman Andrew Wyatt quickly put out a statement in response to the prosecution’s filing.
“A reader need look no further than the first few sentences of the Commonwealth’s brief to see its true agenda,” Wyatt said. “Civil rights, human rights, and constitutional rights are abandoned. The Commonwealth deems Mr. Cosby guilty of having ‘fame and fortune’ that they argue he used to hide ‘crimes’ for decades.”
“They do not intend to pursue a conviction against Mr. Cosby based on the one crime for which he has been charged — presumably because Ms. Constand’s allegations were previously rejected by the DA’s Office,” the statement continues.
“Instead, the Commonwealth admits that it wants to try him for 40- and 50-year-old accusations, many of which were raised for the first time in press releases and on talk shows, and that have never made their way to any courtroom or police station in this country. If our justice system is allowed to be distorted and abandoned for Mr. Cosby, none of us are safe.”
This is not the first time Cosby’s attorneys have sought to have his charges thrown out. They have alleged he was promised he would not be prosecuted in exchange for his deposition in a civil suit that Constand brought.
But previous such requests have failed.
Steele previously called the defense’s latest motion “a rebranding of the same failed arguments.”
On Saturday, Montgomery County Judge Steven O’Neill scheduled hearings for Nov. 1, Nov. 2, Dec. 13 and Dec. 14 on this issue and two others: whether the testimony of 13 other accusers will be admitted and whether Cosby’s depositions in the civil suit will be allowed in as evidence.
Cosby’s trial is scheduled to begin in June.