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Court junks Bill Cosby's motion to dismiss sexual assault charge and ruled that case hearing should proceed

| Apr 27, 2016 12:18 AM EDT

Bill Cosby, who has long maintained his innocence, was charged with alleged aggravated indecent assault in December 2015.

Bill Cosby will have to return to the court soon after the court of appeals in Pennsylvania rejected his motion to dismiss his sexual assault case filed by former Temple University employee named Andrea Constand in 2005. The 78-year-old entertainer used the defense of the decade-old deal between him and ex-district attorney Bruce Castor which states that he would never be charged.

With the court's decision favoring the plaintiff, the case against Cosby will now proceed. He will be facing the second degree felony case of aggravated indecent assault which can lock him up in prison for at least 10 years, if convicted.

Moreover, the supreme court may have denied the entertainer's appeal but the order did not tackle "The Cosby Show" star's argument that the legal proceeding should be stopped because Castor assured him that he will not be persecuted in connection with the case involving Constand. Now that the case has been cleared to move forward, the judge immediately set the preliminary court hearing date on May 24, Newsweek has learned..

Kevin R. Steele, Montgomery County first assistant district attorney, stated that the decision was satisfactory and did not hide the fact that he is raring to proceed with the hearing so that the prosecutors can present their case. It was also Steele who indicted Cosby with aggravated indecent assault in December, but the entertainer was freed after posting $1 million bail.

"We did not believe that the defense had a right to appeal at this stage, and we are gratified the court came to the same conclusion. We are ready for hearing and looking forward to the court date so we can lay out our case," Steele said.

Cosby's lawyers, Monique Pressley and Brian McMonagle, are considering asking the court to reconsider the ruling that was handed down on April 25, Monday. They may also file a petition to the state Supreme Court and this move will definitely delay the case again, The Inquirer Daily News reported.

Aside from this legal battle, Cosby is also involved in many other civil cases filed by women who claimed that they were also sexually assaulted by the embattled star. In response to the allegations, Cosby counter-sued some of the women including Constand. He alleged that the former Temple University employee breached the confidentiality agreement which they signed when they settled her lawsuit in 2006.

Cosby has been charged with sexual assault in relation to a 2004 accusation by Constand, watch the report below:

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