Bill Cosby attended the first hearing in his sexual assault trial Tuesday. He is charged with aggravated indecent assault, stemming from his relationship with Andrea Constand in 2004.
Today was the first time Cosby had been in court since Jan. 30 when he was arraigned at the Montgomery County courthouse in Pennsylvania. The Constand case goes back to 2004, when she accused Cosby of rape and drugging her. However, in 2005, the district attorney decided against charging Cosby and the two sides settled a lawsuit in 2006.
During today’s hearing, Former District Attorney Bruce Castor, who made that decision not to charge Cosby, was called to testify today, reports USA Today. Cosby’s attorneys are hoping that Judge Steven O’Neill will dismiss the three charges.
Castor explained that there was “insufficient, credible and admissible evidence” to charge Cosby with a crime in 2005. He also said that there was a “credibility issue” with Constand and had questionable behavior for a woman claiming she was sexually assaulted.
“The behavior detailed within (police interviews) was inconsistent with a person who had been sexually assaulted,” Castor explained. “Her actions, on her own, including going to a lawyer before going to police, had created a credibility issue for her that could never be improved upon.”
Castor also said that, if Cosby wasn’t criminally charged, this would stop Cosby from invoking the 5th amendment during a civil case, notes The Los Angeles Times.
Prosecutors have tried to stop the motion to dismiss, arguing that Castor and Cosby never officially signed paperwork to give the comedian immunity in the case.
Over the past 15 months, over 50 women have accused Cosby of sexually assaulting them, but many of the statute of limitations in these cases have long since expired.