The Pennsylvania Superior Court has issued an order temporarily staying Bill Cosby’s March 8 preliminary hearing in his Pennsylvania sexual assault trial until it can rule on Cosby’s appeal asking for the case to be dismissed.
The court’s order was succinct, saying in part that “the trial court proceedings shall be temporarily stayed pending disposition of the Commonwealth’s motion to quash appeal.”
Cosby, 78, is charged with aggravated indecent assault for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand, now 42, at his Elkins Park, Pennsylvania mansion.
Last month, Cosby’s attorneys filed a motion seeking to delay the hearing until their appeal is ruled on. They want the court to review their argument that Cosby had an agreement with a previous district attorney he wouldn’t be prosecuted for the assault and that current Montgomery County District Attorney Kevin Steele should withdraw from the case because he used the Cosby case in his campaign for the office last fall.
On Monday, Montgomery County District Attorney Kevin Steele filed a response saying the hearing should proceed because the appeal is not urgent.
Montgomery County Judge Steve O’Neill held two days of hearings on the same two issues in early February and refused to dismiss the case.
Neither Cosby’s attorneys nor Steele’s office had an immediate comment on the ruling.