Bill Cosby May Have Sexual Assault Case Thrown Out

Entertainment | Gerren Keith Gaynor | 01/12/2016 | 09:45 AM EST

Lawyers file motion to dismiss charges after D.A. 'violated' agreement

If Bill Cosby and his legal team have their way, the fallen comedian will walk away a free man in his pending sexual assault case.

Cosby's attorneys say he's been double-dealt by the Montgomery County district attorney, who they say violated an agreement that he would never be prosecuted in the allegations made by former Temple University employee Andrea Constand, after Cosby sat through depositions in 2005 and 2006 over the same accusations.

The Cosby team has filed a motion to dismiss the sexual assault charges on the basis of the violation.

“The charges brought on December 30, 2015 violate an express agreement made by the Montgomery County District Attorney in 2005, in which the Commonwealth agreed that Mr. Cosby would never be prosecuted with respect to the allegations of sexual assault made by complainant Andrea Constand,” the motion reads, according to NBC Philadelphia.

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“This agreement, made for the express purpose of inducing Mr. Cosby to testify fully in Ms. Constand’s civil litigation against him, led Mr. Cosby to give deposition testimony in 2005 and 2006 without invocation of his Constitutional rights against self-incrimination.”

The charges in question are the first criminal ones brought against Cosby after being accused by dozens of women of sexual assault and rape.

Cosby's lawyers are specifically targeting new District Attorney Kevin Steele, who they say intentionally violated the agreement by filing charges. He is accused of using the Cosby case for his campaign, including announcing charges before he was sworn in.

(Photo: Jemal Countess/Getty Images)

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