Bill Cosby will not get a shot at relitigating his legal case earlier than a unique choose and is because of be sentenced subsequent week following his conviction for a 2004 aggravated sexual assault of Andrea Constand.
Cosby earlier this month tried to reset the case to its early phases, asking Judge Steven O’Neill to recuse himself and overturn a key February 2016 ruling wherein he discovered that Cosby’s due course of rights weren’t being violated in prosecuting him regardless of an alleged nonprosecution settlement from then-Montgomery County District Attorney Bruce Castor. Cosby’s attorneys argued that Castor’s testimony wasn’t thought of due to a long-standing feud between him and O’Neill.
The courtroom on Wednesday denied Cosby’s movement. O’Neill discovered the request got here too late and is meritless.
First, O’Neill says Cosby’s authorized group came upon in regards to the alleged feud earlier than the comic’s retrial — and the truth that he ran for district legal professional is public file and will have been found “within the train of due diligence by at least 15 attorneys (and their non-public investigators)” which have been concerned within the protection.
The choose then addressed the advantage of the declare, explaining that he served his first six years on the bench with Castor as D.A. and nobody ever complained of such a grudge.
Despite that, O’Neill says he “undertook conscientious reflection” on the claims and got here to the conclusion that he has and might assess the case impartially and free of private bias.
“This courtroom merely has no bias towards any witness referred to as by the protection or the Defendant himself,” writes O’Neill within the determination, which is posted under.
Cosby’s reps didn’t instantly reply to a request for touch upon the choice.
This article initially appeared in THR.com.
