Cosby asks Pa. Supreme Court to hear appeal

Bill Cosby has asked the Pennsylvania Supreme Court to halt the proceedings in his sexual-assault case and consider his argument that the charges should be dismissed.

The request, made public Wednesday, came a week after Superior Court denied a similar bid from the entertainer and ordered the criminal case to resume its path toward trial.

Should the Supreme Court grant his request, it would mean a third postponement for the first evidentiary hearing - a step that often takes place within weeks of a defendant's being charged.

Currently scheduled for May 24, that preliminary hearing is when prosecutors are expected to offer their first public glimpse of the evidence, in a bid to persuade a judge to order a trial.

Cosby's lawyers have argued that he was promised a decade ago by the then-Montgomery County district attorney that he would never be prosecuted on the sex-assault allegations by Andrea Constand. In their petition to the Supreme Court, they maintained that "a stay by this court is necessary to prevent the deprivation of Mr. Cosby's rights."

Montgomery County District Attorney Kevin R. Steele said no such non-prosecution agreement existed. His office did not respond to a request for comment Wednesday, but has argued that Cosby has no right to delay the proceeding with further appeals.

Cosby, 78, is accused of drugging and assaulting Constand, a former Temple University women's basketball manager, during a 2004 encounter at his Cheltenham home. She reported the incident to police a year later, but District Attorney Bruce L. Castor Jr. declined to file charges.

Cosby was arrested after the investigation was revived last year, as a deposition Cosby gave in a civil lawsuit from Constand was made public and a growing number of women accused the entertainer of sexual misconduct.

Cosby has repeatedly denied Constand's allegations and remains free on $1 million bail. He faces up to 10 years in prison if convicted.

lmccrystal@phillynews.com

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