we'll continue coverage on nbc 10 at 6:00. guys? >> nbc 10 breaking news. >> right now, 6:00, as you've heard, the bill cosby case goes on. a judge just made that decision about ten minutes ago. ruled the criminal case will continue on the sex assault charges against bill cosby. tonight we have team coverage. good evening, i'm jim rosenfield. >> i'm jacqueline london. with the decision, the case moves to a preliminary hearing to see if prosecutors have enough evidence to prove cosby assaulted his accuser at his home in 2004. >> nbc 10's deanna durante live from outside the courtroom in norristown. harry hairston there as well. does this deposition go? >> well, at this point, yes it does. during the two-day proceedings the judge talked about the fact that this is something that the defense can also make a motion to suppress later on down the

road. as you mentioned, the next step here is the preliminary hearing. very rare for a case to be tossed out eight preliminary hearing stage. not that it can't happen but it is rare. today in court we heard from dre k yeah dra /* andrea constand's attorney. talking about the information in the civil lawsuit. the defense team said you did everything you could to help make the prosecution happen. she denied that. the defense did get key information out of constand's attorney. >> the lawyer for andrea constand is the prosecution's main witness. not only was there no agreement not to prosecute, her client was never informed back in 2005. bruce castor wasn't going to prosecute until reporters came knocking. troiani wanted cosby to plid the fifth at his civil hearing and deposition, then the only story the jury would have heard would have been of that, her client,

andrea constand. troiani told the court she and her client benefitted from the money cosby paid from avoid going to trial and became aware prosecutors were giving the case a second look, four days after cosby's deposition was made public. she said kevin steele asked if her client would cooperate. when steel said he would use a search warn to obtain confidential documents she turned them over, providing prosecutors with language they needed to write to obtain the file without cosby's defense team knowing about it. as questioned by presley, one of the lawyers for bill cosby, the judge put a stop to some of the questioning, thinking that lawyers were going too far out of the scope here, perhaps looking to get information against troiani for the way that she did hand over those documents. the judge said i'm not allowing this for you to pursue anything civilly against the attorney. as you have hearder the case

against bill cosby is going to be moving forward. deanna durante, nbc 10 news. >> if the judge says this case proceeds, it moves forward, do cosby's attorneys have any chance to appeal that decision before it would move forward? >> reporter: this whole proceeding that has happened today has been very unique. so to say that there's a def definitive answer, the judge struggled with what happens here. there's been a debate what should happen next. can they appeal? sure, probably file some paperwork here, some challenge here. one thing legal watchers say, there's the possibility this case could be bogged down in legal challenges before it ever sees a trial stage inside a courtroom. these are some of the most prominent defense attorneys on the east coast representing him. i'm sure they have many tricks up their sleeve. what the judge said, there's never been a proceeding like the

one that we had today. >> deanna durante thank you. from inside the courtroom. >> the reaction inside the courtroom. harry hairston spent the entire day in court. >> reporter: just moments before the decision came down, all was quiet inside the courtroom. no one acted in surprise. cosby's attorneys looked as they though expected that this is going to happen. a legal experter. said, you think that judge o'neal wants to be the guy let cosby off the hook by saying charges were going to be dismissed at this point? it appears as though now, the defense teams looks as they preparing to look for an appeal later down the road. this could take to four, five months before we see preliminary

examination continuing. this could go as high to the state supreme court. in knowing that, i believe cosby's people, they were relaxed because they thought that, look, in he knew they had a fight on their hands and know they have to continue to fight and cosby will have to stand charges at some point in time. harry hairton. >> we heard from you and deanna, if you're still with us about that deposition. we lost him about that. for expert analysis, judge michael, no matter how we know this will go to trial and this changes the game for future cases. >> i'm not so sure about that. i don't know that you have situations like this where you have this kind of agreement that wasn't memorialized in writing. i think this is a far and few between situation. so i don't know much will come

up in the future. >> will this deposition, which was the center point of this argument, will that see the light of day in this trial, do you believe? >> i don't think so. just as i thought the case would proceed. i don't think now we're going to see that deposition. quite frankly, if the 404b evidence is allowed in, where the other people who alleged the same conduct are allowed to testify, they don't need that deposition. they will have other people. fundamental fairness would indicate that cosby relied on what he thought was a binding agreement. now what you're doing is taking away his right to testify because if he testified, then that deposition transcript can be used to cross-examine him. i don't think that deposition transcript is going to be a part of the trial. talking about damning testimony in the deposition as to cosby's behavior with andrea constand. that's why it's so important whether it gets into the case. >> he admitted to getting

quaaludes because he wanted to have sex with the women. >> it's probably end game if it's allowed in. i don't think it's going to be allowed in. what the judge is saying 0 the prosecutor, you wanted your day in court, victims have rights, you have your day in court. prove your case. but we're not going to let that in, that was given under pretenses that it would not be used. >> judge michael donio. we await reaction from attorneys on both sides. people gathered outside the courthouse in norristown. we have not seen bill cosby himself come out with his attorneys at all, nor heard from prosecutors in this case. we continue to watch developments here as this case moves forward. according to a judge today. >> cosby arrested and charged in december with drugging and sexually violating the former temple university athletic department employee constand at his home in 2004. continuing to follow this. we'll keep you updated.

a close on the courthouse as bill cosby and his team of lawyers exit. now, turning to our weather. a wet wednesday across the delaware valley. heavy rain making for a slow rush hour tonight. >> the latest on this rain. how long it's going to be around with glenn "hurricane" schwartz. >> finally seeing a little bit of moigs that would indicate that this thing is going to be slowly moving out. you can see the back edge of this rain moving from left to right, west to east, and that's good news for a lot of folks who are tired of the rain. it's already tapering off and ending in parts of lancaster county. green indicating lighter rain. the yellows and oranges indicating heavier rain. we are seeing some heavy rain coming into chester county now, especially the southern portion, other areas down by i-95, cecil county, in maryland, moving

toward the northeast, newark, delaware, and toward the wilmington area. we continue to see some pockets of heavier rain in northeast philly, lower bucks county, over the river into 295 and then toward the shore. most of the heavy rain has now moved just off shore. it was raining hard in cape may county a little while ago, and that has moved offshore. talk more about the flood threat, coming up in a few minutes, along with the seven-day forecast. right now, more on the impacts of what the rain's doing. >> not only watching rain, watching the temperature as areas of snow cover most concern. we have seen a possible minor street flooding north and west. 56 in philadelphia. mill vail 58. 56 in allentown. the room we have continued to see melting and flooding threat on top of heavy rain that we've

already had around. aside from that, looking at the concern of streets, creeks and river flooding. take a look at how much snow left on the ground. this is the spot that we are going to really be watching over the next 24 to 48 hours. biggest flooding concern the snow covered area still, highest potential for flooding factor in the rain. montgomery, bucks county, lehigh valley, chester county, watching these closely. now look , mentioned, creeks ad river, the schyulkill river, boathouse row, low flood stages expect the tomorrow. we may see some area flooding. some roads could be closed. stay tuned.

breaking news from the courthouse in norristown where we await bill cosby's departure, after his attorneys lost their bid to have his sexual assault case toss the out. his attorneys arguing the district attorney promise the, assure the cosby, he would not be prosecuted in a case against bill cosby for the alleged sexual assault of a former temple university employee. looking at doors of the courtroom where the judge handed

down that decision within the past half hour. we will continue to keep you up to date. count on it. we'll be right back.

now your nbc 10 first alert weather with chief meteorologist glenn "hurricane" schwartz. >> that's been a wet day out there. and it is still wet across most of the area. we actually have a back edge to this thing that we're finally seeing. so that may be a sign this is gradually moving out. a solid area of rain from southern delaware up to through bucks and montgomery counties, as you can see, southern delaware up through cape may county. heavier rain in the yellow,

around atlantic city. also patches of heavier rain around burlington county. and in montgomery county, back toward chester county, and the border with delaware. some moderate to heavy reason. allentown and much of burkes county, points to the north, the rain is pretty much over. nothing more than a few sprinkles. you can see, area of heavy rain coming in from northeastern maryland. that's moving into new castle and kent counties now. eventually perhaps the philadelphia area. most of the heavy rain is headed toward delaware and new jersey. so you're going to get your shot at some of the heavier rain. you can see in the oranges, that is some really heavy stuff. the flood watch does continue into tomorrow. it's not just for the rain that's falling now. once the rain is over, some of it is still going to be going into the streams and rivers that

will gradually go up. the flood watch does continue into thursday afternoon for the flooding rains. along with the melting snow. if we didn't have that big blizzard a week and a half ago, this would not be as bad. minor flooding in roadways already in parts of chester county, bucks, montgomery, generally the upper portions where there has still been some snow, at least as of this morning. temperatures now still unseasonably warm, in the 50s. we set a record nearly 70 degrees in southern delaware. record 52 in mt. pocono. tied the record of 62 in philadelphia during the day today. that's the area of the snow cover as of this morning. so that's the area that has been getting the biggest flood threat but fortunately, as you saw, in allentown, rain is pretty much over. now the schyulkill river is gradually going up. after the rain's over, this is

tomorrow morning, that's when you're going to see flooding there and this area of rain continues to move out. at least for tonight. we may have an indication for later thursday night and into friday morning, a weak system, offshore, producing a little bit of wet snow in portions of the area especially new jersey and southern delaware. rain some heavy with fog. it's a warm night and not too cold tomorrow either. behind this thing. temperatures around the 50-degree mark. and the seven-day forecast, there's that early snow possible friday, pretty nice weekend. and the chance of snow on tuesday.

outside the courtroom as we wait for cosby to maybe the elevator ride. all of this happening live. >> still smiling. we know within we saw cosby a month ago, his demeanor was much different than we've seen it. now that we know this is still standing and it's not being thrown out we see a smile on cosby's face as he is flanked by the two men exiting the courthouse. >> we know that harry hairston said mr. cosby didn't have much reaction in the courtroom itself. we'll wait to see whether he

says anything as he leaves the courthouse. let's go to deanna durante outside. >> reporter: now we've learned there is a round two victory for the prosecution here. now, the defense had made two arguments, two requests of the judge, one, have the case thrown out and second have the district attorney's office of montgomery county and kevin steele taken off the case. the judge denied both motions saying kevin steele and his office will continue to prosecute the case against bill cosby. the heart of the defenses of argument, we're starting to hear people clant fhant for mr. cosb. starting to make his way out of the courthouse. you can see deputies walking him to the side. what his legal team had been wanting to get the prosecutors off the case saying that kevin steele used the cosby case in the campaign ad. take a look, you can see cosby walking very slowly down the ramp along suite street. his cars here in norristown

flanked by deputies to help him get in the vehicle. the defense wanted the prosecutor thrown off the case. the district attorney kevin steele argued in that hearing inside that you can't pick your own prosecutor in this case and he should be able to remain on the case. so the judge agreeing with him, again, bill cosby leaving the courthouse in montgomery county tonight. that's the latest. back to you. >> deanna durante. we watch cosby as he's about to enter his suv, once again, tonight, after big losses in court.

back now to breaking news from norristown, as bill cosby departs the courthouse, after losing two rounds in court today. his case will proceed. and district attorney kevin steele can prosecute that case. new information from the alleged victim, andrea constand, her attorney has released a statement saying that miss constand feels vindicated, looks forward to justice being served. >> the former district attorney bruce castor close not to prosecute years ago saying constand's credibility would come into question for a couple of reasons, the fact she waited a year to come forward, she maintained contact with cosby and suggested she and her mother may have tried to extort cosby. he still believed there was inappropriate contact by cosby

which was very damaging yesterday. we of course are staying on top of this. go to nbc10.com for the latest. >> nightly news is next. tonight, fighting words. donald trump says ted cruz stole iowa, accusing him of voter fraud. cruz now hitting back, while hillary clinton and bernie sanders unleash their harshest attacks yet oneach other six days until new hampshire. mid-air explosion. did a bomb cause the blast that ripped a gaping hole in the side of a passenger plane? new details in that mystery tonight. without warning. tornadoes tear across the south. dozens of homes destroyed and a church torn apart as people inside prayed for their lives. wiping out zika. the race to combat the virus at its source. days before millions of tourists attend one of the world's biggest celebrations. and the hidden war being fought in communities amid an epidemic that's risen to the number one concern for