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| Bill Cosby, arriving at the Montgomery County courthouse in Norristown, Pa., Tuesday morning. |
NORRISTOWN, Pa. — Bill Cosby, smiling and wearing an olive suit, arrived at the Montgomery County courthouse in Norristown, Pa., on Tuesday morning around 8:50 a.m. for the first hearing since he was charged in December with sexual assault.
Surrounded by policemen and flanked by two men on either side who helped him by the arm, Mr. Cosby, 78, walked slowly up the ramp toward the main entrance of the historic courthouse, clutching a cane in his right hand. He made his way into the main courtroom, where he was greeted by his lawyers, Monique Pressley and Brian J. McMonagle.
Dozens of women have come forward to accuse Mr. Cosby of sexual assault, but this is the first time he has faced criminal charges, and the hearing could prove critical in determining whether the case can proceed.
The criminal charges stem from accusations by Andrea Constand, who said that Mr. Cosby drugged and sexually assaulted her at his suburban Pennsylvania home in 2004.
The hearing on Tuesday will center on whether, as Mr. Cosby’s lawyers contend, the Montgomery County district attorney at the time, Bruce L. Castor Jr., agreed more than 10 years ago that Mr. Cosby would not be prosecuted in the case.
Mr. Castor, who said in 2005 that he had found “insufficient credible and admissible evidence” to bring charges, is expected to testify as a witness for the defense, which has asked that the charges against Mr. Cosby be dismissed.
The newly elected district attorney, Kevin R. Steele, has said his office can find no evidence of such an agreement and that, even if one had been made, it would not bind Mr. Castor’s successors as district attorney.
The brick and marble courthouse in Montgomery County, built originally in the mid-19th century but largely remodeled in 1904, has seldom, if ever, been the scene of such worldwide attention.
More than 60 news media representatives registered to cover the hearing in Courtroom A where Mr. Cosby will be appearing. Others will watch a live feed in an adjacent courtroom.
Mr. Castor has said he never intended his decision to fully preclude further prosecution if other evidence emerged. But in recent statements, he has said his decision led Mr. Cosby to testify freely in a subsequent civil suit brought against him in 2005 by Ms. Constand, and, therefore, that testimony is inadmissible in the current criminal case.
Mr. Steele had said the testimony, and accusations from other women who have recently come forward, were key factors in his decision to bring charges in December.
In the deposition, Mr. Cosby admitted obtaining quaaludes as part of his effort to have sex with women. The deposition was made public only last summer. The civil case with Ms. Constand, who was a Temple University basketball manager with whom Mr. Cosby had taken on a mentoring role, was settled in 2006.
Ms. Constand’s lawyers have said they were never made aware of any non-prosecution agreement.
Mr. Cosby’s lawyer at the time, who would have been party to any negotiations, has since died.
Should the judge rule the deposition inadmissible, the prosecution’s case could be significantly weakened. If the judge rejects Mr. Cosby’s arguments, the case will likely proceed to a preliminary hearing and ultimately a trial, legal experts said, though they expect Mr. Cosby would make further appeals first. The process could take weeks, even months.
Mr. Cosby was charged with aggravated indecent assault, which carries a punishment of five to 10 years in prison and a
In addition to the criminal charges, Mr. Cosby faces defamation lawsuits brought by women who accused him of assaulting them but were unable to bring legal charges directly related to the claims because of the statute of limitations. Ms. Constand’s was the only case that could go forward because charges were brought within the 12-year statute of limitations for aggravated indecent assault.
Instead, the women have accused him of defaming them by allowing his representatives to brand their accounts as fiction.
Those civil suits are proceeding in Massachusetts and California, but another one, in Pennsylvania, was thrown out by a judge last month.
Correction: February 2, 2016
An earlier version of the headline with this article referred incorrectly to the legal proceeding. As the article correctly notes, it is a pre-trial hearing on whether the sexual assault case can proceed, not the start of the case itself.
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