. >> 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 informatio

bill cosby back in court. right now, lawyers still inside making arguments about whether a deal was made between the county prosecutor and bill cosby's lawyer. we could know soon of a sex assault case against cosby will be dropped. nbc 10's rosemary connors live outside the courthouse. bring us up to speed. >> reporter: keith, right now the district attorney is trying to invalidate or discredit any deal made in 2005 by the former d.a., bruce castor, and cosby's attorneys. the key witness this afternoon, the woman who represents andrea constand, she's the one who claims bill cosby drugged and assaulted her 12 years ago. the attorney for andrea constand, the alleged victim, testified for the prosecution. delores troiani told the court she was not informed by the former district attorney bruce castor that cosby could never prosecuted. that's the root, whether a decision by castor never to bring criminal charges is valid. troiani testified that the wiretaps that constand and her mother conducted to record bill cos

we're told that bill cosby has left the courtroom. not sure whether or not he's made his way to his vehicle. but this is big news. a lot of people closely watching this case because it is the first case of criminal charges to be brought against bill cosby of the many, many women who have come forward to say that he was sexually assaulted and here we're told bill cosby leaving the courtroom right now. looking very frail iain moving very slowly. 78 years old. >> right. partially blind and there were reports couple days of the hearing he look tired and fatigued and the long hearing z that went on and this is obviously a blow to them. as bruce talked about uphill battle his defense attorneys were trying to prove that there was this agreement not to prosecute and get it thrown out. uphill and of course what happened today was the judge did not buy that this case will move forward. it's possible now still a long way down the road he will be in a court here's live look now at bill cosby leaving the courtroom now in norristown. >> you can see

cosby answered yes. the lawyers also asked if the quaaludes were given without the women's knowledge. his lawyers objected and cosby never answered. dozens of vem accused the former tv star of drugging and sexually assaulting them since the 1960 nearly two dozen of the women appeared on a date line special with nbc's kate snow. 35 women also appeared on this cover of new york magazine. cosby has not been charged criminally anywhere else and denied all of the allegations against him. coming up, our legal analyst gives us his take on today's testimony and what other witnesses could say as this hearing continues. and count on nbc 10 for the latest from inside the courtroom, we are posting instant updates on social media and the inbz 10 app. you can also find full coverage on nbc10.com. >> also right now, 5:00, a mother and two children rushed to the hospital after a car ran into them and right now police in philadelphia are still looking for the driver. doug shimell is following the latest from the scene in

cosby. bruce castor maintained he intended for the case to be settled in a civil court telling the court and the judge that now must decide this that he believes that cosby may have done something, may have inappropriately touched the victim in this case but he did not think he could prove it in a court of law which is why he deferred the case to the civil courts. now take a look at sketches from inside. bruce castor on the stand all day long. and again, taking the stand at this hour. he didsay that he believed cosby could make that deposition in the civil suit in which andrea constand was awarded unspecified amount of money. there is a confidential agreement in the case so we don't know how much money she was given but cosby did say he hopes that he made her a millionaire. he said that on the stand. he also said that for cosby to say the things that he said in the deposition he would have had to have been crazy to admit some of the things, that deposition is being used in this case and he a

bill cosby in court. for the second day in a row the comedian arrived at the montgomery county courthouse. waiting on the judge's decision whether the sexual assault case against him should move forward today's testimony came with a few twists and unexpected surprises and it's still not over yet. let's get out to fox 29's bruce gordon live at the courthouse in norristown tonight. bruce? >> reporter: iain, attorneys for arguing this case as we speak before judge steven o'neill. o'neill says he hopes to make a decision tonight. it could be into tonight before this is all wrapped up. of course the cosby defense team claiming this case sex assault case against the comedian should be thrown out based on a promise they say was made by then district attorney bruce castor back in 2005 that cosby would not be prosecuted then and in fact would never be prosecuted criminally. castor has testified in fact yesterday all day that he made that deal because he felt the case against cosby was weak as a criminal case, but

castor told the court that his decision not to prosecute cosby allowed for cosby to testify in a civil case with the victim. he would not be able to assert his fifth amendment rights and castor says his actions are why the woman settle add civil suit. and defended that decision to nbc 10 last summer. >> i created the scenario where he would have to answer questions under oth and obviously they got the information that they needed and she was compensated monetarily. >> a judge must now decide if p castor's decision to avoid prosecution opened the door for cosby to answer questions that can now not be used against hip. and without the answers, should the case be thrown out. >> reporter: the judge says he's not going to decide at least not right now if the defense's other motion to have the district attorney on this case his office removed from the case. the defense is saying that the district attorney when he was running for office used this case in a campaign ad. he was elected to the office of district attorney. reporting live, "nbc 10 news." >> our coverage continues now with what hap

and bill cosby's attorneys, bill cosby's attorneys. >> was it so. >> that is the the case. it wasn't in writing. i will tell what you they will try to prove. for cosby they will try to say there was this valid non-prosecution agreement. bruce castor i think will testify today that he in fact made that agreement. >> bruce castor is again the d.a., in montgomery county back when this was all coming down in 2004/2005. >> that is right. >> what bruce castor will say is there were three part toys a agreement, bruce castor, bill cosby's criminal lawyer and andrea constand's lawyer. bruce castor is only person that will say there was an valid agreement because bill cosby's criminal lawyer died in february of 2015, and andrea constand's lawyer will deny there was ever an agreement made at all. in addition to that, risa furhman, who was the prosecutor after castor, right. >> yes. >> who is not the d a a now because kevin steele is d.a. now. it gets confusing. but she will say if she's called as a witness that she was very much involved in this bill cosby case in 2005. >> she knew ab

he told prosecutors last year he made a promise to cosby a decade ago he would not prosecute if cosby testified in a civil lawsuit. cosby did and set tled that lawsuit in 2006. >> at the time, i remember thinking that he probably did do something inappropriate. thinking that and being able to prove it are two different things. >> reporter: cosby is charged with three counts of aggravated sexual assault stemming from a 20 encounter ith andrea constand. she contends cosby drugged her and sexually assaulted her. cosby says the contact was to orfile charges last year after a judge unsealed transcripts of cosby's deposition in that civil suit. cosby admitted he gave constand pills and wine that night. >> it doesn't get any better th oan having the district attorney at the time say i made this deal and it should be honored. >> reporter: now a judge will decide if cosby's own words can be used against him. and the only time we're learning information about what's happening in the courtroom is when there's a break. there's only been one break this morning. we expect to learn more as they brea

cosby then walk out of the courthouse thanking supporters. many like this woman who stood outside all day waiting to catch a glimpse of bill cosby. >> he is a really big icon. it is hard to see somebody like that just go down the drain. he got a lot of work at temple. >> reporter: cosby's attorney will appeal the ruling. they have a lot of work to do. same story with the attorneys here at the district attorney's office because the next court appearance in this case is scheduled for

cosby. when current d.a. kevin steele asked for her files to reopen this case last year quote, in the permanent agreement didn't exist, so it certainly wasn't in the file. now ukee and jessica even though the judge did clear his evening schedule legal experts say he likely will not make a final ruling today. a ruling from the bench that is what he will do is take all of this testimony, a all of the evidence, and then make the ruling, a written ruling, at a later date. we will see, the the hearing is asked on ongoing. we are live from the montgomery county courthouse i'm greg argos for cbs-3 "eyewitness news". >> keep it right here on "eyewitness news" for continuing coverage of the bill cosby in court. you can get latest anytime at cbs philly.com. >>> members of the young family are run down and left to die, by a hit and run driver in south philadelphia, and tonight, their relatives are talking only to "eyewitness news". they told "eyewitness news" reporter diana rocco how three victims are

today, cosby's personal attorney testified he felt cosby had immunity. he was told that by cosby's former criminal defense attorney but no writings exist. prosecutors call constand's civil to civil attorney. she used stern words for the former district attorney who declined to charge cosby. he slandered the victim in asking the judge to deny the motion to toss the case, kevin steele said a secret agreement that permits a wealthy defendant to buy his way out of a criminal case is not right. that is not a commonwealth and prosecution standard. she also testified that when were beginning to look at case again, it was only four days after the cosby deposition had been made public. she says that the district attorney, at the time running for the position, kevin steele came to visit her in her office in chester county, wanted to know if constand would agree to participate in the case was reopened and she says she also turned over the civil case file when prosecutors asked for it. deanna durante, nbc 10 news. >> no decision yet. help us understand what's happen

castor said he believed criminal prosecution of cosby would go nowhere but suspecting cosby had acted wrote yelp castor testified "i made the decision that mr. cosby would not be prosecuted no matter what. "for all time. that decision took away cosby's ability to invoke his fifth add many rights and refused to testify in constand civil case filed soon after. sure enough cosby was deposed in that civil case and later sett settled with constand. >> said castor quote i was confident i had made his co constand is millionaire. castor saying on the witness stand today i was hoping for some measure of justice for andrea constand during an a afternoon of cross examination it became clear there was nothing formal until writing in terms avenue legal document spelling out what castor had done. the closest there was to such a document was a press release put out by castor himself in february of 2005 and that document, that press release does not specifically spell out that this deal this non-prosecution deal was good in perpetuity. a bizarre setting for bruce castor, now on the stand essentially

i love bill cosby. >> reporter: cosby's departure from the courthouse last night was any indication we could see even larger crowds here later on today, especially if this hearing stretches on into the early evening. there were a lot of people out here this morning. there could be even more later on today. live in norristown, drew smith, nbc 10 news. >> drew, thank you. you can count on nbc 10 for the latest updates on the cosby case from inside that courtroom. we are posting updates on social media and the nbc 10 app. you can also find full coverage at our website at nbc10.com. >>> a septa train hit a disabled cap in montgomery county this morning affecting regional rail service for hours. this is video from that scene at washington and cherry streets in conshohocken. authorities tell us no one was in that cab and there's no word why the cab was on the tracks. two people on the train meanwhile suffered minor head injuries. service on the manayunk/norristown line was suspended for about two hours but resumed around 8:45. >>> philadelphia police are on the look out for a hit-and-run dri

cosby with agrees. if the case moves forward, bill cosby could face up to ten years in prison if convicted. chris pollone, nbc news, montgomery county, pennsylvania. testify in a civil suit constand filed against him. cosby settled the suit in 2006. last year some of cosby's testimony in that suit was unsealed. the new district attorney used that testimony and cosby's admission that he gave constand some pills and wine to help her is off limits in a criminal case. now we'll see if the judge agrees. if the case moves forward, bill cosby could face up to ten years in prison if convicted. chris pollone, nbc news, montgomery county, pennsylvania. if the case moves forward, bill cosby could face up to ten years in prison if we are in first alert mode as strong cold front will move through the state today, we'll see showers and thunderstorms with a few storms reaching severe limits. the greatest threat would be damaging winds within a few cells. much cooler air will move in behind the front . thunderstorms wi

bill cosby in court. the embattled entertainer and philadelphia native arrived at a norristown courtroom a little more than two hours ago in an effort to try to get a decade old sex assault case against him thrown out. and here's a live look from outside of the courtroom. nbc 10 reporters inside tell us that former montgomery county d.a. bruce caster, who was just on the witness stand told lawyers that he would only answer the judge's questions in this case. this all happened in the past half hour. the judge called a very short recess, but as you can see the doors are now closed and court is back in session. good morning. i'm vai sikahema. bill cosby is in court for what could be a make or break hearing. lawyers are asking a judge to throw out the sex assault case against cosby. they're expected to argue that the former district attorney bruce caster had agreed not to prosecute cosby. the current district attorney says he has no record of such an agreement. caster had taken the stand as a witness for the

and he said he believes the 2005 decision not to prosecute cosby was irrevocable. and pointed to caster's news release announcing the decision as proof charges would never be filed. tuesday caster himself testified that when he decided cosby wouldn't be charged, he meant prosecute him either. and schmidt says if the threat of criminal charges loomed, cosby never would have testified in a civil suit against him. this is him admitting to giving her pills and wine, which gave them enough evidence to file charges against cosby late last year. he couldn't find any case law that matches the scenario in the cosby case and instead forging out on his own and the prosecution of the comedy icon can continue. nbc news norris town, pennsylvania. >>> cosby has said sex was consensual and denied all allegations of sexual misconduct. >>> florida governor rick scott. at least nine cases of zika have in an effort to contain the outbreak, the red cross is asking people to wait 28 days before donating blood back here in the u.s. and it's mated an appearance in georgia and texas with a

cosby admitted he had a number of affairs.. got qualludes to give to women he wanted to have sex with and gave constand pills, which he said were benadryl for her allergies at his home. liz tag: of the dozens of women accusing cosby of sexual assault.. this is the only criminal case filed against him. cosby has denied all the allegations. eh, abc news, norristown, pa." stephanie: superbowl 50 is just days away now, and fans across the nation are preparing for football's biggest day of the season. here's a shot of super bowl city near the water front in san franscisco. they're setting up a family- friendly festival there before sunday's game. a ticket to the big game? it's been steadily dropping the last two weeks, but remains around 48- hundred stephanie: in more superbowl- related news, budweiser is doing something it has not done in more than a decade... and it's getting help from helen mirren. the english actress stars in this year's super bowl spot for anheuser-busch. the ad is a straight-foward campaign that takes on drunk

not to prosecute cosby.astor took the stand for six hours tuesday and told a judge that he decided not to charge cosby in 2005 because of issues with the case. on the stand castor said "mr. cosby was not getting prosecuted at all ever as far as i was concerned. castor says constand contacted a civil attorney before police and didn't report the alleged sexual assault immediately. constand a former temple employee says cosby drugged and sexually assaulted her at his cheltenham home. meanwhile, cosby looked confident in court. in close contact with his legal team. around 5:30 castor left the hot seat and court adjourned. cosby left moments later and before he left in his suv, he waived at supporters. there was unpress departmented media coverage at the montgomery county courthouse. all set to resume wednesday morning. the judge expects to make ruling by tomorrow evening. then we'll know if the sexual assault case can go forward against bill cosby andrea constand and cosby previously settled for undisclosed amou

>>> bill cosby gets a double dose of defeat. >> like to say anything? >> a judge decides the sex assault case will proceed and cosby's own words could be used against him. tonight, why other accusers could also take the stand. good evening. i'm jim rosenfield. >> i'm jacquiline london. drivers in havertown, forced to keep the speeds down with visibility a major issue there. >> a rough commute for drivers tonight, a day's worth of rain causing larger than normal puddling like here in bridgeport, montgomery county and drivers crossing the center line to avoid that rain water. the worst of the flooding yet to come. >> let's bring in meteorologist sheena parveen. >> rivers and creeks flooded may be a worry for the morning commute and north and west that we have seen some minor flooding and the roads so we'll start with brandywine creek and honeybrook and river over flood stage and a warning and this is going to continue as we go overnight tonight. most likely with that river still being over flood stage and now the advisory for upper bucks, montgomery, ches

cosby came into the courtroom. he has been in there all day now for some seven hours, nine hours, sat down, the judge walked out and for significance of this ruling, it was very, very under stated. judge steven o'neill, in just a matter of a few sentences, regarding this application, by the defense, to basically stop the prosecution, at that motion it is denied. the in essence, the judge, although not saying it from the the bench said that there was word there had been a promise by former district attorney bruce castor in 2005 not to prosecute cosby was, not a legal significance. it would not impede the current prosecution, and so now the the prosecution of cosby, will go forward to a preliminary hearing and trial but there could be an appeal of this ruling by the defense. in one speaking publicly right now. even at this hour to show how litigious how this kate could become they are beginning to hear other testimony in court on another motion by the the defense, this involving the removal of kevin steele the distri

cosby says that encounter was consensual, and the the question is whether cosby is protect from prosecution, based on that deal he made, and bruce castor and cosby's attorney at the time. castor is expect to testify as cosby's witness but newly elect d.a. kevin steele says that the deal was not written down and therefore cannot be enforced. he is pledging to use cosby's deposition in constand's civil suit to argue the encounter was criminal. by the the way you will remember steel beat castor in the d.a. election last year, so many people say this is all about politics, the the question is will the judge deciding whether that agreement is enforceable or will this whole thing just be thrown out all together. back to you guys. >> so bill cosby you think will be seen by our cameras to day. >> reporter: we believe around 9:00 o'clock or so, when we're expecting him. >> thanks, dave. >> we will take that live straight up at 9:00 when that happens. >> here's lauren johnson. >>> philadelphia police need your help finding three men behind a brutal beating and stabbing attack, surveillance cameras it

. >> those seven women are suing bill cosby saying after the women accused cosby of drugging and raping them. their attorney says camille cosby's testimony is a key first step in establishing her husband's integrity and behavior patterns. >> she lived with the man that is alleged to have betrayed the trust, to be dishonest to be deceitful the lawyers tried to prevent this deposition at the last minute filing emergency motions this weekend saying camille had no involvement with the facts or allegations but a judge denied them. the lawyer was forced to call that same judge twice today during hours of objections from cosby's legal team who cited marital privilege during questioning. after five hours in this room, camille cosby only even more work to be done. >> this is not a ball game. this is a process. this is a unusual proceeding. >> so camille cosby's lawyers have agreed to continue the deposition the next session is slated for march 14th. bill cosby was not here today but he has filed a countersuit against his accusers. in springfield, i'm kathryn burcham, fox 25 news. >> an argument

cosby is expected to appeal that decision. in other high profile crime news -- real estate heir robert durst pleads guilty to a federal gun charge today. the 72-year-old will be sentenced in april -- then he'll be transfered to california where he'll wait trial for the murder of write susan berman. durst was the center of the hbo documentary "the jinx" in baltimore - a convicted murderer whose conviction was the heart of the popular podcast serial - is back in court today. adnan syed is in court for a post-conviction hearing where a judge could possible overturn his conviction and life sentence for the murder of his high school girlfriend in the late 90s. following after the popdcast serial started in 2014. here's a live look at the waterloo skycam. storm track seven meteoroligst mark schnackenberg has a final look at your weather next. we'll be right back --------- --------- (baseball on tv in background) with heart failure, danger is always on the rise. symptoms worsen because your heart isn't pumping well. (water fi

this is, taped of an earlier exit of bill cosby, the scene, where cosby is trying to get that sexual assault case against him dismissed. once again, going in cosby's lawyers were hoping that the former district attorney deal not to prosecute the entertainer would knee date the only criminal case brought against him. we will stay on top of this and continue to follow throughout our newscast, tonight. jessica. >>> well, philadelphia police want the public's help to find suspects involved in the shooting in the hearttrack neighborhood. take a look at this surveillance video. suspects opened fire on a car traveling the wrong way on north eighth street. that car crashed into several parked cars. another car at the scene was also hit by gunfire. after the shooting the the suspects took off running. >>> more surveillance video for to you check out, from the gallery mall on market east, back on december 22nd, 3 suspects surrounded a man making a purchase, stealing about $100 from the pocket of that man's pants. if you have have any information, contact the the police. >>> a former minor leag

cosby says the time was consensual but question is whether cosby is protect from prosecution based on a deal made years ago but newly elect montgomery county d.a. kevin steel e persued the cade and used cosby's deposition in the constand civil suit to argue that the even county was criminal. a judge could say that in fact the case could be thrown out, because there was a deal protecting cosby from being prosecuted, or if the judge could say in a sense it could go ahead. so that will be the big question to see what the judge decide, and how the cosby team will react afterward, guys, back to you. >>> big legal question, something is not written down, ten years ago, can it hold up in court. we will see. >> all right, dave, thanks very much. >>> you decide in 2016, the the republicans have their winner in the iowa presidential caucus as the the democrats, still sort of figure things out. >> candidates from both parties are dropping out of the race, as a result come in from the iowa caucus. joe walled man has more from des moines. >> i was told by everybody do not the go to iowa, you could

cosby did, and settled that lawsuit in 2006. sound bruce castor /form montgomery cnty d.a. :27-:35 "i rember thinking something inapproprie. but thinng that d beinable torovet are o differt things." the current dist attney ys there no evidence such an agreemener exied. coy is crged wh three countsf aggraved sexl asult stemming from a 2004 enter withr temple university basketbem constand. constand contends in 2004 drugged her an assaulher. cosby ss the montmery county's newly elected district attney, kevin stee deced tfile chaes lastear afr a judgunaled transcripts of cosby posionn that civil suit. in theeposition,mong other things, cosby admitted he gave constand pills and wine that night. sound bi brennan - attorney, legaanalys1:10-1:19 "it doesn't get y better than having the district attorney at the time s i made thiseal and it should be hored. that's as a powerful ait gets" now a judge will decide if cosby's own words can be used against him. chris pollonbcews, rristown, pennsylvania. arning to i is hard for anyone... bufor

. >> bill cosby will return to a montgomery county courtroom today.are live in norristown where a judge could decide if cosby's sex assault case can stand. >> authorities say a fake priest is behind bars accused of selling fake tickets to see pope francis in philadelphia last year. >> good morning everyone, it is 4:30. let's turn to meteorologist, david murphy and karen rogers for more on the rain coming this way. >> yeah, we already have some of it out to the west of us on storm tracker6 live double scan. you can see areas around get tease berg and baltimore beginning to pick this up and southwestern chester county will begin to get some of this before too much longer. as we go through morning we are looking at things to begin to moisten up and then heavy rain really starts to come through later this afternoon. there's the wide view and it is a big area of precipitation. now looks like it's not only going to come in perhaps a little bit sooner than we were projecting yesterday. probably hang around for most of the night as well and we still have that

and that bill cosby would not invoke his fifth amendment right and cosby did and ultimately settled outt with constand but a judge recently ordered his testimony be released. the 78-year-old testified he gave the former temple employee three blue pills and had sexual contact but said it was consensual. kevin steel the new da, say they are

camille cosby has been asked to testify in a civil suit brought by seven women who claimed bill cosby defamed them by denying their accusations of sexual assault. those women are among 50 across the country who have accused bill cosby of sexual assault. criminal charges have been brought in one case in pennsylvania. as some of the accusations date back 50 years, camille cosby's lawyers, they're trying to get this deposition called off indefinitely. we're live in springfield this morning, jennifer eagan, 7news "today in new england." >> christa: we have new details about kennedy cousin michael skakel this morning. prosecutors down in connecticut court to reinstate skakel's conviction in the murder of martha moxley. a jury convicted skakel of that crime back in 2002. he was sentenced to 20 years to life. however, a judge granted skakel a new trial, saying the defense attorney fade to properly represent him. skakel was released from prison in this rare move back in 2013. now, prosecutors say that skakel killed moxley back in 1975. the two had been neighbors in greenwich,. connecticut's s

bill cosby will be back in court today.if today is anything like yesterday, it could the another long day with more revelations from the former montgomery county district attorney. >> the seven-hour hearing yesterday featured bruce castor and why he says he did not pursue cosby. he testified he believed cosby's accuser but he questioned whether she would make a credible witness at trial. nbc 10's matt delucia was in court yesterday and is back again there this morning. walk us through what happened in court yesterday and what's next. >> vai, bruce castor was the only witness to stay the stand yesterday inside that courtroom. he was questioned for several hours and at issue was his word that he would not prosecute bill cosby. he left court feeling confident, giving supporters a thumbs up. >> at the time i remember thinking he probably did do something inappropriate. >> reporter: he talked about a sex assault allegation from a decade ago. castor testified that he thought he could not get a conviction because the accuser's cre

cosby and his defense team.l cosby's defense team wants the judge to put a halt against the criminal charges against the comedian. it was alleged that at his montgomery county home assaulted former temple employee, andrea constand. and they contend that caster the da. made a bining promise he would never be charged in the case and they argued that he could not make such a promise. caster indicated that the no prosecute agreement that was never put in writing was in part

bill cosby's lawyer cited marital privilege. the judge ruled last friday that the deposition must proceed. on saturday, the defense attorneys filed an emergency motion saying her testimony would create an unnecessary media circus and security threat that was meant to had a are -- harass and embarrass her. the deposition will go on and she can claim marital privilege and not answer questions about her husband. we'll see what happens. >>> one person was hurt in a two-vehicle accident along the atlantic city expressway. the driver lost control and crashed damaging toll booths at the pleasantville plaza at 1:30. the crash took down a light pole and scattered debris around the highway. none of injuries are life threatening. >>> an investigation is underway to find out what started a fire in montgomery county. the fire broke out in boothwyn yesterday evening. a woman in her 50 where is trapped on the second floor and found dead at the top of the steps. neighbors say the family had endured more than their share of tragedy. >>> years ag

cast or, key witness to cosby's defense team. castor testified he did not pursue charges against cosby years ago, because of, quote, credibility issues with cosby's accuser former temple university employee andrea constant. castor said there was not enough evidence to show cosby had commit rad crime. he also said con stand did not act like a victim of sexual assault according to her police interview. and said that she went to a lawyer before going to the cops. castor made a deal not to prosecute cosby, but the judge asked why that deal was not put in writing. castor simply replied, it wasn't necessary to have it in writing. so judge o'neil will make decision today, and decide whether, again, those charges will stick or the case will be thrown out. back to you guys. >> this should be interesting, all right, thanks so much, dave kinchen. time 4:32, let's turn to there is developing news, police searching for hit-and-run driver. >> car sped off as witnesses returned to help the victim. steve keeley live in center sit which more deta

bruce castor and bill cosby.is legal team says back in 2005 castor promised not to prosecute in exchange for a deposition. in that deposition, cosby admitted to drugging a woman before engaging in sexual contact with her. the district attorney know, kevin steele filed charges in december. the issue is whether or not that alleged agreement holds up. as far as anyone knows it is not in writing. bruce castor isç expected to te the stand to testify about this agreement. this is castor when we spoke to him last year. >> at the time i remember thinking he probably did do something inappropriate but thinking that and being able to prove it are two different things. >> the deposition cosby gave 11 years ago was used for a civil case. if the judge agrees there was a valid agreement, then this criminal case could be dismissed. it's all up to the judge. meantime, cosby has been out on bail. we will be here at the courthouse following what happens. we'll let you know. for now, live in norristown, matt delucia, nbc 10 news.

cosby looked frail outside court, inside he sat quietly. philadelphia criminal defense attorney david walker was inside the co >> mr. cosby is somber, he's attentive. >> two assistants held the comedian's arms for support and at times he walked with a cane. he has filed court documents saying that he's legally and functionally blind. but is it real or a strategy? >> i don't think that cosby's frail appearance is all an act. i think he's old, i think a has some health problems. i think he's dressed more like a criminal defendant. last time he was dressed like dr. huxtable. i also think that those issues are relevant to what's at issue in the case. >> the real andrea constance' claims of sexual assault and this former district attorney who took the stand today, did he agree years ago ne to prosecute the comedian? >> so what the prosecutors want to do is get the testimo that da as to the terms of that prior agreement. >> this is not over, cosby is expected back in court tomorrow. >>> right now we move on to super bowl 50 and the spectacle that

who said that he made a deal with cosby 10 years ago that shields cosby from prosecution on charges thate drugged and sexually violated andrea constand. and "action news" reporter chad pradelli is outside of the courtroom in norristown tonight. chad? >> yeah, jim, former montgomery county district attorney, bruce castor, spent must of the day testifying about that promise not to prosecute bill cosby. but it was a verbal promise, and now the judge must decide if it is binding. bill cosby left the montgomery county court waving to a small group of supporters who just finished listening to bruce castor who testified he promised cosby's former attorney that the comedian could not be prosecuted ever. castor said that he hoped it would move cosby to testify in a civil case brought by andrea constand, which ultimately happened and cosby and constand reached an out-of-court settlement. castor testified he hoped that he helped make constand a millionaire. and cosby testified that he gave constand three blue pills and had sexual contact with the temple employee in his home, but insisted it was con

bill cosby was back in court today. hearing for his sexual assault case. >>> >> and we were all so shocked by his appearance. >> find out what all this means and we turn to a legal analyst tanya acker. >> how are you feeling this morning? >> what the judge is deciding today is whether or not to dismiss the criminal case against cosby. >> cosby looked frail outside court, inside he sat quietly. philadelphia criminal defense attorney david walker was inside the co >> mr. cosby is somber, he's attentive. >> two assistants held the comedian's arms for support and at times he walked with a cane. he has filed court documents saying that he's legally and functionally blind. but is it real or a strategy? >> i don't think that cosby's frail appearance is all an act. i think he's old, i think a has some health problems. i think he's dressed more like a criminal defendant. last time he was dressed like dr. huxtable. i also think that those issues are relevant to what's at issue >> the real andrea constance' claims of sexual assaul

. >>> developing tonight, bill cosby's lawyers are fighting to get sexual assault charges against cosby dropped. the legendary comedian was in court today, dennis craig shows you cosby's attorneys say a >> reporter: bill cosby's appearance in the montgomery county courthouse was his first since his december arrest for aggravated indecent assault. cosby and his attorneys want to throw out the charge because of a deal made with the former district attorney. in the criminal complaint cosby accused of drugging and sexually assaulting former temple university employee andrea constance in his home in 2004. his attorneys say she was a willing participant. she filed a civil case in 2006 for an undisclosed sum. cosby's attorneys say the deposition in that case was made after an agreement with the then-district attorney that the former tv star not be prosecuted. he testified he found inconsistencies with her statements and chose not to statement. and that her best chance for justice he believed would be in a civil case. cosby said nothing to the media and collected during tuesday's hearing. cosby

camille cosby forced to testify. the last-minute bid to stop today's deposition related to sexual-assault allegations against husband bill cosby. >>> super tuesday a week away, the shrinking field pass the candidates spinning as they shore up suprt and money.

attorney bruce castor and bill cosby is valid. castor testified tuesday that he agreed not to prosecute cosby for an alleged sexual assault in 2005. but after two days of testimony, the judge decided the reported agreement doesn't stand and that charges against cosby could move forward. in december, the 78-year-old was arrested and charged with sexually assaulting former temple employ andrea con stan at his home 11 years ago. cosby's team then tried to have current district attorney kevin steele removed from prosecuting the case. arguing that steal politicized cosby during his campaign for da. the judge said steal can remain on the case. cosby then walk out of the courthouse thanking supporters. many like india, stood outside all day waiting to catch a glimpse of bill cosby. >> he's a really big icon so just like -- it's hard to see be in like that go down the drain. you know he go the a lot of background with temple with everything. >> reporter: cosby' attorneys will appeal tonight's ruling. meanwhile, they have a lot of work to

cosby to answer questions from the lawyer for the women who filed suit against bill cosby. >>> we're hoping to learn about issues that important to the case and involving his relation relationship with her and his relationship with other women . >> reporter: 50 women came forward, one case has led to criminal charges. the case here in springfield though is a defamation civil suit filed by 7 women who say cosby damaged their reputations by denying their acis of sexual assault. while covers between married couples are protected, camille cosby also serve as bill cosby's i asked her about her relation relationship with mr. cosby, her relationship to his personal interest, to his business interests and matters that are relevant to the issues in the case . >> reporter: lawyers for camille cosby argued to report reporters could intimidate mrs. cosby or cause emotional distress that would keep her from testifying eat the i. the judge disagreed and found for the women's lawyer who said camille cosby may not be willing but she is able . >>> see doesn't want me to even ask her her name but i in

casper testified, he did not, press charges against cosby years ago because of credibility issues, cosbymple university employee, andrea constant. also said did not act like victim of sexual assault, cold to go her police interview, and said she went to lawyer before going to police. castor made a deal, not to prosecute cosby, but, the judge asked why that deal was not put into writing. castor replied: it simply wasn't necessary. so, now, starting at 9:30, we have to see what happens here. guys, back to you. >> tragic international headline this morning, with philadelphia connection, between buffalo bills linebacker, tony stewart's fiancee, has died from ovarian cancer less than two month after being diagnosed. she was being treated at the hospital of the university of pennsylvania. twenty-six year old brittany burns was diagnosed back in december. stewart paid tribute to her by saying she was my everything since the day i laid eyes on her. >> oh, very sad. >> okay. at 8:06. we've told you about this kik a.m. that kids are using, really popular among teens these days before on our show.

cosby settled the suit in 2006. last year, some of cosby' s testimony in that suit was unsealed. the new district attorney used that testimony, and cosby' s admission that he gave constand some pills and wine to help her relax, to charge cosby with sexual assault. bruce castor says that testimony is off-limits in a criminal case. now we' ll see if the judge agrees. if the case moves forward, bill cosby could face up to 10-years in prison if convicted. in montgomery county, nbc news. mark: the former dea cited other issues, including the year-long delay in reporting the allegations and her continued contact with bill cosby. lisa: the man accused of shooting and killing an ohio police officer will face the possibility of the death penalty. knox county' s prosecutor says a line of duty death like danville capital punishment. a grand jury agreed and handed down a 10-count indictment for herschel jones. >> if he directly targeted an officer for that reason, what they are asking for is not unreasonable. does it hurt me? yeah. is it understandable? yeah. lisa: the suspect' s father says

there was never a formal agreement with cosby, caster made a legally binding decision that cosby would never be prosecuted. a case against cosby was unwinnable. >> i remember thinking, he probably did do something inappropriate. but thinking that and being able to prove it are two different gs. >> cosby's case settled in 2006. the transcripts were released last year. that case was used to ile criminal charges against him in december. now, a judge must decide whether cosby's own words can be used against him. >> former prosecutor caster, he their side, he wants the current prosecutor to prevail and this go to trial now. in the end, there's word today a california judge ordered cosby to give a new deposition in a separate lawsuit a woman is accusing him of sexually assaulting her in 1974 at the playboy mansion when she was 15. >>> the president l candidates are entering the campaign trail hard. as of right now, hillary clinton is the apparenn winner for the democratic party by a razor thin margen. and ted cruz is the clear winner on the republican side. melissa russo has the latest from

she claims cosby drugged her and then assaulted her. cosby says the interaction was consensual. the key witness tuesday: former district attorney bruce castor, who had previously indicated there was an agreement that cosby would never be criminally prosecuted. on the stand, castor clarified that there was never a formal agreement with cosby. rather, castor made what he characterized as a "legally binding decision" that cosby would never be prosecuted. castor said doubts about constand's credibility made it clear to him a case against "i remember thinking that he probably did do something inappropriate. but thinking that and being able to prove it are two different things." cosby testified in constand's civil suit against him. that case settled in 2006. case to file criminal charges against him in december. among other things, cosby admitted giving constand wine and pills to help her relax. now a judge must decide whether cosby's own words can be used against him. chris pollone, nbc news, norristown, pennsylvania. hundreds of layoffs are coming to yahoo--in a shakeup that could d

bill cosby's legal team certainly will work to get his legal woes off of cosby a's back. here's how it all plays out right now. their goal, it the is to stop the criminal charges filed from cosby ever to go to trial. cosby is charged with aggravated indecent assault accused of drugging and sexually assaulting ex-temple university employee andrea a constand at his montgomery county home in 2004. cosby has since said that the encounter was consensual. the question is whether cosby is protect from prosecution based on a deal made years ago, the the prosecution, no prosecution deal was made with former montgomery co d.a. bruce castor. the castor is expect to teva as cosby a's witness. newly elect kevin steel says the tiehl was in the written down and therefore cannot be enforced. he is pledge to go use cosby's deposition in constand's civil suit more than a decade ago to argue the even count are was criminal. steel defeated castor in the lassie lex, and many say because of that it is simply a case of politics. the question is whether the the judge will deciding whether that d

she claims cosby drugged her and cosby says the interaction was consensual. the former district attorney previously indicated there was an agreement that cosby would never be criminally prosecuted. on thestand, castor clarified there was never a formal agreement with cosby, rather castor made what he characterized as a legally binding decision that cosby would never be prosecuted. castor said doubts about constance's credibility said a case against cosby was unwinnable. >> at the time i thought he prprably did do something inappropriate. but thinking that, and being able to prove it are two dierent things. >> reporter: a previous case settled in 2006. the transcripts of cosby's testimony were released last year. montgomery coty's new district attorney used kogsby's admissions from that ca to file criminal charges against him in december. among other things, cosby admitted giving constance wine now a judge must decide whether cosby's own words could be used against him. it appears we could have a fairly quick ruling in this case. the judge intends to ruru as s