In a last-ditch attempt to delay the retrial, scheduled to begin jury selection on Monday, Cosby's attorneys pointed to the donation to an organization that helped fund an activist group that plans to protest outside the retrial, The Associated Press reported.
O'Neill said Cosby's team waited too long to request a recusal and that they knew of his wife's work for over a year.
District Attorney Kevin Steele had asked a judge during a pretrial hearing in suburban Philadelphia to let them read the testimony into the record at Cosby's retrial, just as it was at the first one that ended in a hung jury previous year.
Prosecutors again want jurors to hear Bill Cosby's lurid deposition testimony about giving quaaludes to a string of women before sex.
Documents made public showed that prosecutors have chosen model Janice Dickinson as one of the women they plan to have testify. More than 50 women have accused the entertainer of sexual assault, with many saying he drugged and raped them.
Steele said the testimony, along with the testimony of up to five additional accusers, bolsters their plan to portray Cosby as a serial predator.
O'Neill seemed to indicate he may not allow the deposition because of the five accusers he is allowing in the retrial.
O'Neill is likely to rule whether he'll allow Constand's civil suit settlement information into evidence before trial as well.
A huge part of Cosby's case from past year was his admitted use of quaaludes. On Friday, Assistant DA Stewart Ryan made the argument that Cosby's use of the drugs meant he always understood the impact they have on the women he allegedly drugged. The comedian contends he gave her the over-the-counter antihistamine Benadryl.
This news comes after the presiding judge, Judge Steven O'Neill, was asked by Cosby's lawyers to step down.
O'Neill said he will rule Friday on whether the defense can call a witness who claims Constand spoke about falsely accusing a celebrity before going to police.
James also stated she's anxious the jury will make an inaccurate connection to the incident between Cosby and Andrea Constand, a former Temple employee and the main accuser for Cosby's retrial, and the details of his deposition, because the drugs used in the alleged assault are not Quaaludes.
They argued in court papers on Friday that the 14 proposed supporting witnesses are irrelevant and would only further confuse and distract the jury.
Cosby's lawyers filed motion on O'Neill to recuse himself because his wife, Deborah O'Neill, is a counselor for victims of sexual assault counselor at Penn's Counseling and Psychological Services and has advocated for victims in the past.
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