Bill Cosby's Attorneys Ask to Have Sexual Assault Case Tossed Ahead of Retrial - NBC10 Boston
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Bill Cosby's Attorneys Ask to Have Sexual Assault Case Tossed Ahead of Retrial

A trial last June ended in a hung jury

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    Cosby Attorneys File Motions to Dismiss Assault Case

    Comedian Bill Cosby's legal team filed a pair of motions on Thursday aimed at preventing his re-trial on sexual assault charges.

    (Published Thursday, Jan. 25, 2018)

    Attorneys for comedian Bill Cosby filed two motions on Thursday to dismiss the sexual assault case levied against him ahead of an April retrial.

    Cosby spokesman Andrew Wyatt said defense attorneys filed one motion alleging prosecutorial misconduct and another claiming the statute of limitations has passed.

    In the motion alleging prosecutorial misconduct, Cosby's defense team says prosecutors failed to disclose that they interviewed a friend of Constand. That friend told detectives that Constand said she had not been sexually assaulted, Cosby's attorneys said in court documents.

    The defense says the interview was never disclosed to them and the notes from that day were destroyed.

    A spokeswoman for the Montgomery County District Attorney's Office confirmed the filings, but did not have comment.

    The 80-year-old "Cosby Show" star is accused of drugging and sexually assaulting Andrea Constand, a former Temple University basketball staffer, at his Cheltenham home in 2004.

    Cosby has maintained the encounter was consensual.

    A trial last June ended in a hung jury. The retrial is set to begin on April 2.