Bill Cosby Files for Change of Venue in Assault Case

Cosby's team wants the case moved out of Montgomery County, Pennsylvania.

ByABC News
December 30, 2016, 4:12 PM

— -- Comedian Bill Cosby's legal team has filed a motion for a change of venue in his sexual assault case, citing media coverage.

In court documents obtained by ABC News, Cosby's lawyer Brian McMonagle wants the case moved out of Montgomery County, Pennsylvania, because of the countless newspaper articles and magazine covers linking Cosby to the alleged crime.

"It is difficult to conceive of a case in recent history that has generated more widespread, inflammatory and sustained media coverage than the current case against Mr. Cosby," the motion reads.

Though most of the articles are national, the motion says "closer to home, prospective jurors in Montgomery County have been uniquely subjected to extensive, sustained, and pervasive negative coverage of the case."

It adds the comedian, 79, has been "branded variously a monster, sociopath and sexual predator."

There's no mention of a specific location requested, just one where the jury is drawn "from a population of sufficient size such that the Court can be assured that the media coverage was not 'so extensive.'"

Cosby was charged last year with three counts of felony aggravated indecent assault by Montgomery County DA Kevin Steele, stemming from a decade-old incident involving accuser Andrea Constand. Cosby has pleaded not guilty.

The former Temple University employee accused the comedian of sexual assault and alleged that Cosby invited her to his home in 2004, where he made two sexual advances despite her rebuffs. She claimed he then gave her pills and wine, which made her unresponsive. Cosby has denied sexually assaulting her and said a decade ago during a deposition for a civil suit filed by Constand that he gave her Benadryl for "stress and tension" and that anything that happened at his Pennsylvania home was consensual at that time.

Constand eventually settled her civil case in 2006 and no criminal charges were filed against Cosby.

In December 2015, Steele -- then Montgomery County's first assistant district attorney -- explained why he was now charging Cosby with the crime. "We examined all the evidence and we made this determination because it was the right thing to do," he said.

As for this new request to change venue, Steele's office tells ABC News he "has previously indicated to the court and to the defense that he will not oppose a change of venue or venire.” Venire refers to bringing in a jury from another county.

The motion from Cosby's team adds that "interest of the mainstream media" in this case prompted several other women to step forward and "accuse Mr. Cosby of sexual misconduct." Cosby's attorneys have denied allegations made by other women.

Judge Steven O'Neill can now rule on this motion or have a hearing about it.

Cosby is scheduled to begin trial in June.

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