Bill Cosby suffered two defeats Thursday in Montgomery County Court when a judge denied his attempt to have sex-assault charges dismissed and also denied the entertainer's attempt to obtain a new preliminary hearing.
O'Neill said that a 2013 change in state court rules cleared the way for prosecutors to use those statements and other evidence in lieu of forcing Constand to take the witness stand before trial.
Bill Cosby has been charged with sexual assault in relation to a 2004 accusation in Montgomery County, Pennsylvania.
Cosby, 78, a mentor to Constand, 43, when she was working at Temple University, is accused of drugging and molesting her 12 years ago at his home in Montgomery County outside Philadelphia. On Thursday, Cosby appeared in a Norristown, Penn., court to request approval for the defendant to provide more substantial statement documenting his involvement in one of many accusations brought against him.
Cosby's attorney Kevin NcMonagle plans to take further legal action before trial.
Cosby and his legal team tried to argue that since they were not able to cross-examine the accuser, who did not show up to the preliminary hearing, that the case should be dismissed.
She was not in court that day.
A judge ruled at the May hearing that there was enough evidence to move the case to trial.
Defense attorney Brian McMonagle said the argued that they had a right to question the accuser on the witness stand in a pretrial hearing.
"Today a man who has meant so much to so many; a man who has given so much to so many; has had his constitutional rights trampled on", they wrote.
Cosby was present at Thursday's hearing, often whispering with his lawyers and nodding his head as the proceedings went on.
The Associated Press does not normally identify people who say they were victims of sex crimes unless they agree to be named publicly, which Constand has done. Authorities reopened the case past year after learning he had acknowledged in a deposition that he had given Constand pills and then engaged in sex acts with her. Instead, detectives read a decade-old statement from Constand into the record at the hearing. The pills and wine Cosby gave her made her unable to consent to anything, he said.
The judge made the ruling Thursday, saying Cosby shouldn't get a new preliminary hearing. Cosby has maintained it was consensual and that the only thing he gave her was Benadryl. Prosecutors have vowed that she will testify at trial, potentially alongside some of Cosby's other accusers.
Constand late filed a federal civil lawsuit against Cosby that was settled out of court, with a federal judge sealing the settlement as well as Cosby's transcript in the case.
The Constand case resurfaced past year after dozens of other women came forward with claims of sexual misconduct against Cosby, who has denied he committed any crimes.