On the same day the Pennsylvania Supreme Court denied Bill Cosby’s petition for review aimed at ending his criminal case, prosecutors pushed back against a second attempt at the trial court level to have the case dismissed.

In a response to Cosby’s petition for a writ of habeas corpus, Montgomery County District Attorney Kevin Steele on Monday attempted to refute the comedian’s claims that his due process and confrontation rights were violated because his accuser, Andrea Constand, did not testify at his preliminary hearing. Cosby is facing felony sexual assault charges stemming from a 2004 incident in which Constand claims Cosby drugged and assaulted her.

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