Bill Cosby is asking a Montgomery County court to toss the first criminal charges ever filed against the 78-year-old comedian who has been accused by dozens of sexual misconduct.
Cosby’s attorney, Brian McMonagle, argued his client’s advancing age will make it hard for him to “recall key events and witnesses” in the case.
In the filing, McMonagle also said that the former top prosecutor in the county, Bruce Castor, promised to never file charges, and that promise should be considered a contract.
A 10-year delay in the charges violates due process, which guarantees a speedy trial, McMonagle said.
“We are not surprised by the filing, which has no merit,” said Montgomery County District Attorney Kevin Steele in a statement. “We try them in a court of law. We will be filing a response to their motion, and we will let our legal response to their motion speak for itself.”
Steele maintained that newly uncovered evidence shows that Cosby should be locked up for sexually assault.
More than 50 women have accused Cosby of sexual misconduct dating back to the 1960s. But last month’s criminal charges in Montgomery County were the first in the nation.
Cosby’s preliminary hearing is schedule for Feb. 2, but his attorneys say the three charges of aggravated indecent assault should be thrown out before then.
Read the full motion to disqualify here.