Motion From Cosby's Defense Team Asking For Montco DA's Office To Be Removed From Case
NORRISTOWN, Pa. (CBS) -- A motion filed by Bill Cosby's defense team in Montgomery County Court claims Montgomery County DA Kevin Steele is violating a non-prosecution agreement from 2005, and it asks not only for removal of DA Steele from the case, but also for charges against Cosby to be thrown out.
The motion filed by Bill Cosby's lawyers claims there was an "express agreement" made with then DA Bruce Castor in 2005, that Cosby would never be prosecuted on allegations brought by Andrea Constand.
And it claims charges filed last month use Cosby "as a political tool."
DA Kevin Steele says his office is not surprised by the motion. He says his office will not try a case in the court of public opinion, but rather in a court of law, so when they file a response, he'll let it speak for itself.
Cosby defense team argues prosecutors used information in recently unsealed testimony, which they argue not only breached the non-prosecution agreement, but also used the very testimony that was to be protected by that agreement in the probable cause affidavit as basis for these charges.