Cosby Will Go To Trial For Alleged Sex-Assault Charges
By Jim Melwert
NORRISTOWN, Pa. (CBS) — Bill Cosby is to stand trial on sex assault in Montgomery County, as charges against the comedian were held for court at a preliminary hearing.
Statements from both Bill Cosby and his accuser, Andrea Constand were read by law enforcement who took the statements.
The defense argued, without the accuser to take the stand, the only evidence presented at the hearing: just words on a page, a detective reading statement that was given 11 years ago about an incident that happened 12 years ago.
Defense attorney Brian McMonigle says those statements show Cosby and Constand had kissed and touched before, and he says, on the night in question Constand never said no or otherwise stopped Cosby's advances.
But Montgomery County District Attorney Kevin Steele argued, the key to the charges, Constand was unable to say no or to stop his advances because of the pills Cosby had given her.
And he says, as this was a preliminary hearing prosecutors were not required to present their entire case.
PHOTOS: Cosby In Montco For Preliminary Hearing
"A preliminary hearing is a situation where we only have to show a crime is committed and the defendant is connected to the crime."
Cosby waived his formal arraignment which was scheduled for July 20th.
McMonagle held a press conference on Tuesday afternoon, following the decision and made it clear he will fight for Cosby's rights. "The complainant continued to contact Mr. Cosby," McMonagle told the media. "Today, a United States citizen had his due process rights violated. We intend to ask the courts to put an end to this once and for all."
