Pa. Supreme Court doesn't halt Cosby hearing

Bill Cosby's sexual-assault case will proceed on a path toward trial as scheduled, after the Pennsylvania Supreme Court on Monday rejected his latest attempt to delay it.

In a one-line order, the court denied Cosby's request for a stay while it reviewed the charges against him. The ruling removes the last potential roadblock to Tuesday morning's preliminary hearing in Montgomery County Court in Norristown.

Cosby's lawyers had asked the Supreme Court to put that proceeding on hold as he sought a rare pretrial appeal. Prosecutors opposed the move.

Both they and defense lawyers declined to comment Monday on the ruling. Court staff, meanwhile, continued preparations for Tuesday's hearing, as television satellite trucks started claiming spots outside the courthouse.

Prosecutors say Cosby drugged and sexually assaulted Andrea Constand in his Cheltenham home in 2004.

His lawyers had claimed that when former District Attorney Bruce L. Castor Jr. investigated and declined to prosecute Cosby in 2005, he made a binding promise that Cosby would never face prosecution related to Constand's allegations.

Montgomery County District Attorney Kevin R. Steele had argued that no such non-prosecution agreement existed. After a two-day hearing on the issue in February, where Cosby's lawyers argued that the case should be dropped, Montgomery County Court Judge Steven T. O'Neill ruled that the case could proceed toward trial.

The preliminary hearing, before District Judge Elizabeth McHugh, is scheduled to begin at 9:30 a.m.

Cosby, 78, is charged with aggravated indecent assault. If convicted, the entertainer could face up to a decade in prison.

lmccrystal@phillynews.com

610-313-8116 @Lmccrystal