Bill Cosby's lawyers try again to get his sex assault case tossed

Actor and comedian Bill Cosby arrives for a court appearance Wednesday, Feb. 3, 2016, in Norristown, Pa. Cosby was arrested and charged with drugging and sexually assaulting a woman at his home in January 2004. A judge will decide whether to dismiss a sexual assault case against the comedian over an unwritten promise of immunity that a former prosecutor says he gave Cosby's now-deceased lawyer. (Ed Hille/The Philadelphia Inquirer via AP, Pool)
Actor and comedian Bill Cosby arrives for a court appearance Wednesday, Feb. 3, 2016, in Norristown, Pa. Cosby was arrested and charged with drugging and sexually assaulting a woman at his home in January 2004. A judge will decide whether to dismiss a sexual assault case against the comedian over an unwritten promise of immunity that a former prosecutor says he gave Cosby's now-deceased lawyer. (Ed Hille/The Philadelphia Inquirer via AP, Pool)

PHILADELPHIA — Lawyers for Bill Cosby tried again Friday to have his criminal sex-assault case dismissed, asking an appeals court to consider whether Cosby had a binding agreement that he would never be charged.

Defense lawyers argue that Cosby had a promise from a former prosecutor that he wouldn't be charged over the 2004 encounter with a Temple University employee and should therefore testify in the woman's civil lawsuit.

He did, in a deposition unsealed last year that prompted a new prosecutor to reopen the case before the 12-year statute of limitations expired. Cosby said under oath that he gave the accuser three pills before engaging in sexual contact that he called consensual. He also acknowledged getting prescriptions for quaaludes so he could give them to women he hoped to seduce.

Montgomery County District Attorney Kevin Steele filed felony sexual assault charges against Cosby in late December, based on new evidence that included the deposition testimony and the dozens of other accusers who have come forward since to say that Cosby drugged and molested them. Cosby has denied wrongdoing.

Lawyer Brian McMonagle filed the appeal notice Friday to the state Superior Court. He also appealed a judge's decision to not disqualify Montgomery County District Attorney Kevin Steele.

Steele, responding to the appeals, said his office opposes any further delay in the case and does not think the defense has a right to appeal before the preliminary hearing.

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