Pennsylvania Judge Steven T. O’Neill has denied the defense’s request for a preliminary hearing or dismissal in Andrea Constand’s case against Bill Cosby, who she accused of drugging and assaulting her in 2004.
Cosby is charged with felony indecent assault for his attack on Constand. She says he gave her a pill that left her immobilized as he digitally penetrated her, but his defense maintains that he offered her a Benadryl and a glass of wine, which she freely ingested.
Judge O’Neill denied their request for her presence at a preliminary hearing based on a 2013 rule change created to spare victims of sexual assault from multiple cross-examinations. Cosby’s lawyer Brian McMonagle intends to bring the matter to the Pennsylvania Supreme Court, according to The Hollywood Reporter:
“Once again the prosecution in this case had the opportunity and the obligation to place this witness under oath so that we could conduct a search for the truth. And, once again, they refused to do so,” said McMonagle.
“Today, someone who has given so much to so many had his constitutional rights trampled upon once again.”
Constand did not appear at the preliminary hearing for her case in May, and the Supreme Court has not yet scheduled a time to hear more on the issue. Constand is also amongst the accusers suing Cosby for defamation in civil court.
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