Bill Cosby is due back in court for his sexual assault case brought by accuser Andrea Constand

By Nicole Weisensee Egan
September 06, 2016 12:40 PM
MICHAEL BRYANT/Philadelphia Inquirer/Pool

Entertainer Bill Cosby arrived in court 30 minutes early to a 1 p.m. Tuesday hearing in Norristown, Pennsylvania on some key issues in the lone criminal case against him.

Both the prosecution and defense have filed dueling motions in recent weeks, arguing whether two pieces of evidience should or shouldn’t be allowed at trial:

The first are the depositions Cosby gave in 2005 and 2006 for Andrea Constand’s long-settled civil suit against him, in which he admitted to giving Quaaludes to women he wanted to have sex with. The second is the recording of a January 2005 phone call between Cosby, Andrea and her mother, Gianna, in which her mother confronted Cosby about allegedly drugging and sexually assaulting her daughter.

Montgomery County Common Please Judge Steven O’Neill will likely rule on the motions at the hearing and could also set a trial date.

Bill Cosby
Matt Rourke/AP

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

He has denied the allegations as well as similar ones from more than 50 women.

In the depositions, Cosby admitted to giving Quaaludes to women he wanted to have sex with but said he gave Constand Benadryl and that their sexual contact was consensual.

Andrea Constand and Bill Cosby
Todd Korol/Toronto Star/Getty; Gilbert Carrasquillo/WireImage

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“I don’t hear her say anything,” he said in the deposition. “And I don’t feel her say anything. And so I continue and I go into the area that is somewhere between permission and rejection. I am not stopped.”

Cosby will be in court with a mostly new team of defense attorneys. He replaced most of his defense team this summer, including Monique Pressley, who defended the comedian in various media appearances.

While he still faces a slew of defamation lawsuits against him – he has countersued some of his accusers – in late July he dropped his breach-of-contract lawsuit against Constand, which might have required her to pay back the money he gave her in the 2006 civil suit settlement.

Cosby had argued Constand violated their confidentiality agreement by cooperating with law enforcement in the criminal investigation. Dolores Troiani and Bebe Kivitz, Constand’s attorneys, said Cosby was bullying Constand with the suit.