Crime Appeals Court Rules Bill Cosby's Sexual Assault Case Can Proceed, Preliminary Hearing Scheduled for May 24 Cosby's attorneys asked the court to dismiss the case because of a decade-old promise not to prosecute made by the county's former district attorney By Nicole Weisensee Egan Published on April 25, 2016 04:00 PM Share Tweet Pin Email Photo: Todd Korol/Toronto Star/Getty; Gilbert Carrasquillo/WireImage On Monday, the Pennsylvania Superior Court refused to hear entertainer Bill Cosby’s request to dismiss the criminal case against him and lifted the temporary stay on the criminal case, paving the way for his trial for the alleged sexual assault of former Temple University employee Andrea Constand. On Tuesday, the preliminary hearing for the criminal trial was scheduled for May 24. “We are ready for that [preliminary] hearing and look forward to the Court setting a date so we can present our case,” Montgomery County District Attorney Kevin Steele said in a statement. Cosby’s representatives had no immediate comment. Cosby, 78, is charged with aggravated indecent assault for allegedly drugging and sexually assaulting Constand, now 43, at his Elkins Park, Pennsylvania mansion in January 2004. • Want to keep up with the latest crime coverage? Click here to get breaking crime news, ongoing trial coverage and details of intriguing unsolved cases in the True Crime Newsletter. His attorneys were appealing a Feb. 4 decision by Montgomery County Judge Steven O’Neill, who ruled the case could go forward. Cosby’s attorneys argued authorities should honor a decade-old deal made by former Montgomery County District Attorney Bruce L. Castor Jr. not to prosecute Cosby in the case. Castor testified for several hours about the deal but O’Neill ruled he was “not credible” and denied Cosby’s request to dismiss the case. Cosby has steadfastly denied Constand’s allegations as well as similar ones from more than 50 other women.