Bill Cosby’s Lawyers Seeks Dismissal After Preliminary Hearing
Bill Cosby’s lawyers filed a Petition for Writ of Habeas Corpus today requesting an order dismissing all charges against him or that he be granted a new preliminary hearing at which his accuser, Andrea Constand, must testify and be confronted by Cosby.
Cosby’s lawyers said his due process rights were violated at the preliminary hearing May 24, and that Kevin Steele, the district attorney “win-at-all-costs tactics in this matter are stretching the rules past the breaking point,” at the expense of Cosby’s rights.
Statement from Attorneys for Mr. William H. Cosby Jr.
Today, in Commonwealth v. Cosby, Mr. Cosby filed a Petition for Writ of Habeas Corpus requesting an order dismissing all charges against him or alternatively ordering a new preliminary hearing at which Mr. Cosby is permitted to confront and cross-examine his accuser. The Commonwealth’s reliance solely upon hearsay evidence to establish the elements of the charged offense, without providing Mr. Cosby an opportunity to confront and cross-examine his accuser, violated Mr. Cosby’s confrontation and due process rights, as provided by the United States and Pennsylvania constitutions, as well as Pa. R. Crim. P. 542. In this case, from its inception, the District Attorney’s office has stretched the rules to the breaking point at the expense of Mr. Cosby’s rights. We look forward to the court righting this wrong by providing the relief requested.”