Bill Cosby Preliminary Hearing

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(NEWSER) – Bill Cosby is in court in Pennsylvania attempting to get the sexual assault case against him tossed. According to the 78-year-old's defense team, when Cosby was first accused of drugging and assaulting Andrea Constand in 2004, he made an immunity deal with then-District Attorney Bruce L. Castor Jr. in 2005, the AP reports.

Per Cosby's defense team, Castor told Cosby he wouldn't be prosecuted for the alleged assault, and thus could testify freely in the civil lawsuit brought by Constand. Castor said at the time that he didn't have enough evidence to charge Cosby. But the current district attorney, Kevin Steele, says he has no evidence of an immunity agreement in writing, which, he says, is what Cosby needs to get the case thrown out. Castor was called to the stand Tuesday and said that while he did decide not to prosecute Cosby, there was no "agreement."

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