Bill Cosby’s attorneys are fighting yet again to have charges dismissed in the comedian’s explosive criminal sexual assault case, but Cosby’s prosecutor dismissed their bid as “a rebranding of the same failed arguments.”
On Thursday, Brian McMonagle, one of Cosby’s criminal defense lawyers, filed a motion in the Court of Common Pleas in Montgomery County, Pennsylvania, seeking to dismiss sexual assault charges against the comedian, arguing he has been “deprived of his due process rights,” according to court documents obtained by PEOPLE.
The 28-page motion details the “serious prosecutorial and judicial impropriety that have deprived him of his right to a fair trial,” according to a press release a Cosby media representatives sent to reporters.
The motion states that in the more than 10 years that the case was “allowed to lie fallow,” the health and memory of the comedian, who is nearly 80 and according to the motion almost blind, have declined, “while witnesses died and evidence disappeared.”
“During that lengthy delay,” the motion states, “numerous actors — the Commonwealth of Pennsylvania; a federal judge with a baseless theory; a lawyer who parades her clients’ untimely, unverifiable claims before the media; and a district attorney who publicly branded a celebrity for his own political gain — created a perfect storm of prejudice, bias and delay that requires dismissal of the stale charges against Bill Cosby.”
Cosby, 79, is facing three counts of aggravated indecent assault for allegedly drugging and sexually assaulting Andrea Constand at his Elkins Park, Pennsylvania, mansion in January 2004. His had tried to get the case against him dismissed this past February.
He denies the allegations as well as similar allegations from more than 50 women.
“Our motion seeking to dismiss the criminal charges is based on Constitutional grounds,” Angela Agrusa, one of Cosby’s attorneys, tells PEOPLE.
“Our motion makes clear that Mr. Cosby’s fundamental right to due process has been trampled in the eleven-plus years since the Montgomery County District Attorney promised not to charge him criminally.”
“These charges should not have been brought, especially since they are based on unsubstantiated allegations that failed to meet the state’s standard for prosecution more than a decade ago.”
“And yet ironically, those same allegations are now being used to support the current criminal action in Montgomery County. The fact that the District Attorney chose to dishonor a vow by his office never to prosecute Mr. Cosby should itself be sufficient to halt the case. The circle of impropriety and bias here is mind-boggling.”
In the latest motion, Cosby’s attorneys allege, as they have in the past, that former Montgomery County Prosecutor Bruce Castor allegedly agreed not to prosecute Cosby in 2005 in exchange for his deposition in a civil suit brought by Constand, a former Temple University employee.
“Mr. Cosby is now facing the very charges that the Commonwealth promised not to bring,” the motion states. “How can that be?”
Cosby “would never have testified if the Commonwealth had not promised that he would never be prosecuted,” the motion says.
Prosecutor: Alleged 2005 Agreement with Prosecutors is ‘Fictional’
In a statement sent to PEOPLE, District Attorney Kevin Steele dismissed Cosby’s latest attempt to have the case dropped. “The motion filed today is primarily a rebranding of the same failed arguments the Cosby defense team has previously put forth.”
“While we will be filing a response with the court, I did want to point out that Mr. Cosby’s team is raising once again the fictional assertion that the Commonwealth is failing to follow a ‘promise’ that Cosby would not be prosecuted.”
This is not the first time Cosby’s attorneys have fought to have the case thrown out based on the alleged promise of the DA’s office, Steele says in the statement.
During a pretrial hearing on February 3, Montgomery County Court of Common Please Judge Steve O’Neill denied Cosby’s request to dismiss the charges against him on the grounds that he had an alleged promise from Castor in 2005 that he would never be prosecuted in exchange for his testimony.
“Following two days of testimony in February, the court ruled that the Commonwealth could proceed,” Steele says in his statement. “That decision was based on evidence that no immunity order existed and no promise was made.”
In April, Cosby’s attorneys appealed O’Neill’s decision, but the state Superior Court rejected their appeal.
During a preliminary hearing on May 24, Magisterial District Judge Elizabeth McHugh ordered that Cosby stand trial on all charges.
Cosby’s attorneys then appealed to the Supreme Court of Pennsylvania, which in July, refused to review the decision.
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Motion Says Deposition Should Never Have Been Public
The lengthy motion filed by also details “the federal judge’s irreversible error,” arguing that in July 2015, Judge Eduardo C. Robreno, who had presided over Constand’s civil lawsuit eight years earlier, unsealed Cosby’s deposition at the request of the Associated Press. Quotes from the deposition “spread like wildfire” and tainted the case against him, Cosby’s lawyers argue.
Specifically, in the deposition, Cosby admits to giving Quaaludes to women he wanted to have sex wit
The motion also accuses high-profile attorney Gloria Allred of waging “a highly-publicized crusade against Mr. Cosby.”
In a statement released to PEOPLE, Allred says, “This motion is just the latest desperate attempt by Bill Cosby to avoid having to face his accusers in a court of law.
“In this motion, he attacks a federal judge, the prosecutor, potential witnesses and me. He also misstates facts, such as that only one potential witness self identifies as African American and that Gloria Allred ‘demands’ that Mr. Cosby place 100 million in a fund to pay potential victims.
“I suggested it, but did not demand it and I also suggested that accusers would only be compensated if a retired judge or mediator in an arbitration or mediation found that their accusations were believed. I do not believe that victims should be forced to suffer in silence while rich, powerful, famous men hire highly paid attorney attack dogs to attack them.
“I am proud of women who allege that they are the victims of injustice and who are willing to testify under oath about their allegations in a court of law and I am honored to be able to support them,” she says. “It is my hope that the trial judge dismisses this motion and that he sees this as just another ploy by Mr. Cosby to avoid having a jury decide his fate.”