Judge Wants Cosby Case To Go To Trial By June 5
PHILADELPHIA (CBS) — This has become somewhat of a regular task for comedian Bill Cosby. He arrived at the Montgomery County Courthouse in Norristown, as he fights aggravated sexual assault charges against him.
Those charges are ones that his attorney says are false.
"The time has come for somebody, somewhere to shine a spotlight on the trampling of this man's civil rights," said Cosby's attorney, Brian McMonagle. "That time is now."
On Tuesday, a trial date was set for Cosby: June 5, 2017.
Tuesday, during a pre-trial hearing, Judge Steven O'Neil, who will preside over the eventual trial, heard one motion, filed by the defense. That motion was to exclude a 2005 phone call from being submitted as evidence between Cosby and his accuser, Andre Constand's mother.
The comedian's attorney's argue that conversation should not be used as evidence, since Pennsylvania law requires both parties to know they are being recorded and Cosby was not aware.
That recording was played in court and when Cosby asked whether a beeping sound is him being recorded, Constand's mother says it's a pet parrot.
Montgomery County District Attorney Kevin Steele argues Cosby knew he was being recorded and even if he didn't, Constand's mother made the recording in Canada where only one party has to be aware.
The judge adjourned the hearing on Tuesday afternoon, saying he would make a decision in the next week.
"It's all pieces that we have in this case," Steele said. "If it wasn't important, we wouldn't be seeking to introduce it."
On Tuesday afternoon, we learned that Cosby's defense plans to file a motion, arguing that Cosby's due process was violated due to their being a 12-year delay in his arrest for this alleged crime. That must be filed withing 30 days. They also plan to file a motion to change the venue because of pre-trial publicity.
That must filed within 60 days.
