Judge Steven O'Neill pushed back against demands he step aside from the case because his wife is a social worker and he is potentially influenced by her work
Prosecutors say Judge Steven O'Neill should block her testimony like he did in the first trial because it would be hearsay.
Tom Mesereau, Cosby's lead defense lawyer, said that Deborah O'Neill made a donation to Women Organized Against Rape, a group that plans to hold protests and vigils outside the courthouse during Cosby's trial in Norristown.
Judge Steven O'Neill announced his decision at a pretrial hearing Thursday.
The judge will also hear a defense motion asking that he recuse himself from the trial because his wife works with sexual assault victims.
Montgomery County Judge Steven O'Neill's has scheduled two days of arguments on legal motions that will shape the second trial where Cosby, 80, will face accusations of drugging and assaulting Andrea Constand, 44, at his home near Philadelphia between December 30, 2003, and January 20, 2004.
O'Neill said the donation was made by the department that his wife works for at the University of Pennsylvania, and insisted that "there was never any marital assets" given to the group.
Cosby's lawyers say they were compelled to ask for O'Neill's recusal after a series of adverse rulings, including a decision to allow five additional accusers testify the judge let just one take the witness stand at Cosby's first trial a year ago.
Cosby's first trial ended in June with a mistrial after the jury failed to reach a unanimous verdict following six days of deliberations.
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Former model Janice Dickinson will be among the five women testifying against Bill Cosby during his trial next week. O'Neill said. "She's an independent woman and has the right to be involved in anything that she believes in". He added that he could've rejected the recusal request simply because Cosby's lawyers waited too long to ask.
They lost a bid to overturn his ruling allowing up to five additional accusers to testify. He said Cosby's lawyers had presented an antiquated view of marriage where spouses must agree on everything.
O'Neill says the assertion that he shares the same views as his wife or has let his rulings be influenced by her profession "is faulty, plain and simple".
Cosby's lawyers also want the judge to allow jurors to hear how much Cosby paid her in a 2006 civil settlement and to hear from a woman who says Constand talked about making up allegations, so she could sue and get money.
The defense request for the judge to step down was just one of the issues being argued during the pretrial hearing Thursday.
Prosecutors will ask O'Neill to exclude information from Montgomery County District Attorney Kevin Steele's 2015 election campaign, in which he promised to revive the Cosby criminal case. Cosby was charged shortly before the statute of limitations was set to expire.
All but one of the 19 women whom prosecutors have identified first came forward publicly either during Constand's 2005 civil suit against Cosby or in 2014, when a parade of more than 50 women appeared nightly on cable news shows to share their own stories of abuse by the comedian.
Lisa Bloom, Dickinson's attorney, said that her client has been waiting for "decades" to have her say against Cosby in a criminal court.
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