Bill Cosby’s legal team claims that prosecutors cannot establish “reasonable certainty” in the sexual assault case against the disgraced TV legend.
Cosby’s defense team filed a motion in Pennsylvania Thursday to have the sexual assault charge against him dismissed, according to the Mercury News.
The “Cosby Show” star has been accused of drugging and sexually assaulting Andrea Constand at his home near Philadelphia. He previously claimed the encounter was consensual.
Constand previously claimed in court that the alleged assault took place between Dec. 30, 2003 and Jan. 20, 2004. Cosby was charged with aggravated indecent assault on Dec. 30, 2015, barely meeting the 12-year statute of limitations.
Women who have accused Bill Cosby of sexual assault
Cosby’s defense team claims Cosbywas not in Pennsylvania between that three-week period and that Constand’s telephone records do not reflect alleged calls made to him during that time period.
“Ms. Constand’s fabrications have boxed her, and by extension the commonwealth, into a corner,” the defense team wrote. “Her inconsistent and contradictory statements are not supported by the only objective proof in this case: the records.”
Defense lawyers also asked Judge Steven O’Neill in court Thursday to allow testimony from Constand’s former co-worker Marguerite Jackson, who claims that Constand said a year or two before the alleged assault that she could earn money by falsely accusing a celebrity, according to the Philadelphia Inquirer.
Cosby had kept a low profile since his first trial ended in a mistrial, but resurfaced last weekend for a comedy set in Philly.
Retrial is scheduled for April 2, with jury selection set to begin March 29.