NORRISTOWN >> One day after a state court threw out Bill Cosby’s appeal of a judge’s pretrial ruling, officials on Tuesday set a May preliminary hearing date for the entertainer who his accused of sexually assaulting a woman in his Cheltenham home more than a decade ago.
Cosby, 78, will face a preliminary hearing at 9:30 a.m. May 24 at the Montgomery County Courthouse in Norristown before District Court Judge Elizabeth McHugh, who is moving the hearing to the courthouse to accommodate the crush of national and local media expected to attend the hearing.
William Henry Cosby Jr., as his name appears on charging documents, faces three felony counts of aggravated indecent assault in connection with the alleged sexual assault of former Temple University athletic department employee Andrea Constand at his home in the 8200 block of New Second Street in Cheltenham between mid-January and mid-February 2004. The charges were lodged against Cosby on Dec. 30, before the 12-year statute of limitations to file charges expired.
If convicted of the charges at trial Cosby, an entertainment icon who remains free on 10 percent of $1 million bail, faces a possible maximum sentence of 15 to 30 years in prison. District Attorney Kevin R. Steele is handling the prosecution along with co-prosecutors M. Stewart Ryan and Kristen Feden.
The hearing, at which McHugh will determine if prosecutors have sufficient evidence to take Cosby to trial, will be held in Courtroom A, the large ceremonial courtroom at the courthouse.
Court officials, as they have done for previous hearings involving Cosby, are expected to issue a decorum order for members of the media and spectators who attend the hearing. Previously, officials banned all electronic transmission, video recording, sound recording or any other electronic duplication of the proceedings from the courtroom.
On Monday, the Pennsylvania Superior Court gave the go-ahead for the preliminary hearing when it denied Cosby’s appeal of a county judge’s pretrial ruling in the case.
In February, Cosby, through his lawyers, Brian J. McMonagle, Christopher Tayback and Monique Pressley, filed a direct appeal to the Superior Court of two rulings that county Judge Steven T. O’Neill issued on Feb. 3.
In those rulings, O’Neill rejected Cosby’s request to dismiss the charges on grounds he had a promise from former District Attorney Bruce L. Castor Jr. in 2005 that he would never be prosecuted for alleged sexual assault. O’Neill also rejected Cosby’s request to disqualify Steele from prosecuting the case.
The alleged assault took place in Cosby’s Cheltenham home after the comedian had established a relationship over several months with Constand through her position at Temple University, according to the affidavit of probable cause filed by county and Cheltenham detectives.
Constand, then 30, according to court documents, was invited by Cosby to his home to discuss her career. According to the arrest affidavit, Cosby told Constand no one else would be present and that she should wear comfortable clothes.
Over the course of the evening, Constand allegedly told Cosby she felt “drained” because she had been missing sleep. In response, Cosby allegedly gave the victim three blue pills, saying, “these will make you feel good,” and telling her they were herbal, according to the arrest affidavit.
Constand, who also allegedly was provided wine by Cosby, reported feeling odd after taking the pills, with blurred vision and unsteady legs. She told police that Cosby proceeded to sexually assault her on a couch in the home.
The alleged victim did not report the incident to authorities until January 2005 after returning to Canada.
The investigation initially was undertaken by Castor, who in February 2005 determined there was insufficient evidence to prosecute Cosby, who claimed the alleged contact was consensual.
Current prosecutors reopened the investigation last July after Cosby’s deposition connected to a 2005 civil suit Constand filed against him was unsealed by a judge. In that deposition, Cosby gave damaging testimony, allegedly admitting he obtained quaaludes to give to women with whom he wanted to have sex.
The case represents the first time Cosby has been charged with a crime despite allegations from dozens of women who claimed they were assaulted by the entertainer.
The newspaper does not normally identify victims of sex crimes without their consent but is using Constand’s name because she has identified herself publicly.
