Cosby’s attorneys on Tuesday asked the state Supreme Court to hear a request for an emergency stay after a court last week agreed to quash Cosby’s appeal, allowing the case to go forward. A preliminary hearing in the criminal case is scheduled for May 24.
Cosby, 78, in December was charged with aggravated indecent assault stemming from allegations he drugged and molested a former Temple University employee in 2004. Cosby has not entered a plea in the case.A former prosecutor had initially declined to press charges, but newly-elected Montgomery County District Attorney Kevin Steele filed charges weeks before a 12-year statute of limitations expired.
Cosby’s attorneys are asking for a delay as they argue that the former prosecutor in 2005 “made a binding and irrevocable commitment that the commonwealth would never prosecute Mr. Cosby in connection with those allegations.”
Steele has denied it was a binding agreement, and state judge in February rejected Cosby’s argument and allowed the case to move forward.
Cosby’s attorneys said the agreement is the only reason Cosby gave a deposition in a civil suit connected to the 2004 case, and claim that deposition was used to bring the criminal charge.
“The injury that Mr. Cosby would suffer from the trial court continuing to preliminary hearing — and potentially to trial — would be irreparable, because Mr. Cosby’s right to be free from prosecution would be forever lost,” Cosby attorney Carl A. Solano writes in the motion.
“Before the prosecution proceeds, Mr. Cosby is entitled to appellate review of the trial court’s decision not to dismiss this case,” Solano wrote.
Cosby has repeatedly denied dozens of allegations of sexual assault or misconduct — some of which date back to the 1960s — from dozens of women across the country. Cosby has counter-sued some of his accusers for defamation.
Cosby is free on $1 million bail.
This story originally appeared on NBCNews.com.