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PHILADELPHIA (AP) — Prosecutors pursuing sex-assault charges against Bill Cosby say the entertainer is seeking “special treatment” by trying to have the case thrown out even before the first evidence hearing.

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In a response Wednesday to Cosby’s motion to dismiss the case, Montgomery County prosecutors say that there was never a valid agreement not to prosecute him.

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District Attorney Kevin Steele says he can prove that Cosby drugged and molested a woman at his Cheltenham home in 2004. He is citing new evidence from a deposition Cosby gave in the woman’s civil lawsuit and similar accusations from dozens of other women.

Common Pleas Judge Steven O’Neill has scheduled a Feb. 2 hearing on the motion to dismiss the case. Cosby has not yet entered a plea. He has called the encounter consensual.

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