Will judge dismiss charges against Bill Cosby?

Bill Cosby
FILE - In this Nov. 18, 2013 file photo, actor-comedian Bill Cosby poses for a portrait in New York. A federal judge on Thursday, Jan. 21, 2016, dismissed a lawsuit filed by Renita Hill, 48, of Baldwin, Pa., who claims Bill Cosby defamed her when he and his representatives responded to allegations that he drugged and sexually assaulted her and other women. The October lawsuit filed Hill was dismissed with prejudice, meaning she cannot try to amend and re-file it. (Photo by Victoria Will/Invision/AP, File)

(WHTM) — A Montgomery County, Pennsylvania judge will decide Tuesday if sexual assault charges against Bill Cosby should be dismissed.

Cosby, 78, is charged with aggravated indecent assault for allegedly drugging and sexually assaulting former Temple University employee Andrea Constand at his Montgomery County home in 2004. Cosby says the encounter was consensual.

Constand won a civil case against Cosby. Cosby’s lawyers say he had a deal with former Montgomery County District Attorney Bruce Castor that would prevent his testimony in the civil case from being used against him in a criminal case.

Harrisburg attorney Corky Goldstein has been following the case and says the alleged deal raises some questions.

“There is nothing in writing,” Goldstein said. “In all of my years, whenever there was a side agreement of almost any kind, it is signed by the district attorney and dated and also signed by the attorney for the defendant. So in my mind, I do not know how they will be able to uphold their motion to dismiss based on just Bruce Castor saying there was an agreement.”

Castor will take the stand as Cosby’s witness.

“Castor will be cross-examined as to why there was no written agreement and why nobody else knew about it,” Goldstein said. “Bill Cosby is an older man. His career, his legacy is ruined. Whatever happens in this case is not going to change that.”

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