Judge Denies Motion To Dismiss Case Against Cosby
NORRISTOWN, Pa. (CBS) -- A Montgomery County judge has ruled the case against Bill Cosby can move forward.
The defense has wrapped up its case in a hearing in Montgomery County asking a judge to throw out charges against Cosby, based on what the defense says was a "binding promise not to prosecute," made by then-district-attorney Bruce Castor.
Before the prosecution presents any evidence, it's asking a judge to deny the motion, saying the defense hasn't proved that "binding promise" exists.
Montgomery County District Attorney Kevin Steele argues the defense has not proved the DA's office is bound by what then-DA Bruce Castor claims was his decision to never prosecute Bill Cosby.
Steele argues under Pennsylvania law, immunity is only available through a court and there is no record of that.
Bill Cosby In Court: Complete Coverage
Steele says "a secret agreement that allows a defendant to buy his way out of a criminal case isn't right."
But Cosby's defense attorney Christopher Tayback says this isn't whether Castor's decision was right or wrong, it's simply that he made it. And Tayback says, "a promise is promise."
If Judge O'Neill rules the defense has met its burden, the hearing would proceed with the prosecution presenting witnesses. If he decides they have not met their burden the hearing would come to an end.
Wednesday afternoon, the judge returned from lunch with his ruling, which was a deferred ruling, which allowed the prosection to call the Andrea Constand's civil attorney.
At this time, no decision has been made and the hearing continues with more witnesses.
CBS 3's Greg Argos contributed to this report.
