Bill Cosby Case: Judge Says Prosecution Can Go Forward

The sexual assault case in Pennsylvania against Bill Cosby will go forward, a judge in Montgomery County ruled Wednesday.

Cosby's lawyers had argued for two days during a pretrial hearing that a criminal case had been barred by a promise made in 2005 by then-District Attorney Bruce Castor never to prosecute the renowned entertainer. 

The judge on Wednesday ruled "there was no basis to grant the relief requested" by Cosby.

Cosby's legal team told CNN it has no comment on the judge's decision.

Judge Steven O'Neill also said he would hear arguments on a defense request to remove the prosecutor, newly elected District Attorney Kevin Steele. 

The case, in which former Temple University employee Andrea Constand accuses the TV star of assaulting her in his home in 2004, will go forward. 

Cosby, who has not entered a plea, was charged December 30 with aggravated indecent assault against Constand, who went to authorities in 2005. 

Bruce Castor, the Montgomery County district attorney at the time, did not file sexual assault charges against Cosby, citing "insufficient credible and admissible evidence." 

Cosby was charged in the case in December, 11 years after the state initially declined to prosecute. 

In addition to denying the allegations, Cosby argues he's being improperly prosecuted based on testimony he gave during a civil suit -- testimony his defense says was given only because the state closed the criminal case in 2005.

But the district attorney's office reopened the investigation based on "new evidence" that emerged from the unsealing of Cosby's deposition in Constand's civil suit.

Newly elected District Attorney Kevin Steele has argued a non-prosecution agreement never existed, saying in legal filings his office has no such documentation and can't find anyone who does. 

Cosby has yet to have his preliminary hearing and formal arraignment in the case.