Bill Cosby has filed a new motion to dismiss on the ground that there has been a long delay in the filing of sexual assault charges against him. The actor alleged that such delay has made a fair trial impossible and is a violation of his due process rights.
The Hollywood Reporter stated that according to Cosby, he deserves to avoid escape prosecution for allegedly sexually assaulting Andrea Constand, a former employee at Temple University. The Montgomery County District Attorney has yet to file the charges against him. Furthermore, Cosby is asking why it took the District Attorney over a decade to charge him with molesting Constand in 2004. He cited the U.S. Constitution in guaranteeing that citizens should have the right to a trial without unnecessary delay and not to be deprived of liberty without due process of law.
In January 2016, Cosby's lawyers filed a petition for habeas corpus, contending that he was prejudiced by the long delay in the filing of charges. Cosby alleged that he was assured of non-prosecution to let him testify in Constand's lawsuit. Absent such agreement, Cosby said that he would have invoked the Fifth Amendment, particularly his right against self-incrimination. A judge concluded that the terms of the non-prosecution agreement were ambiguous and allowed the case to proceed.
New York Times said Cosby's attorneys in stating that the lengthy delay created a perfect storm of prejudice, bias and delay that warrants that dismissal of the stale charges against him. According to Pennsylvania lawyer Dennis McAndrews, who is not involved in the case, although several of the specific arguments were already heard in the past, the motion was novel. This is because it brought the issues together in showing that Cosby's rights were violated and a fair trial would be impossible.
Cosby's lawyers also said that the earlier investigation showed that Constand delayed for over a year before accusing Cosby with sexual assault. She reportedly had over 20 communications and meetings with the actor after the alleged incident, which undermined the credibility of her claims. It is likely that the Bill Cosby trial will not commence until mid-2017.
