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Cosby sex assault appeal takes on non-prosecution deal

PHILADELPHIA — Bill Cosby’s lawyers argued in an appeals filing Tuesday that it was “fundamentally unfair” to let prosecutors use Cosby’s damaging deposition from a sex accuser’s lawsuit against him at trial.

Cosby believes he had a binding promise from a prosecutor that he could never be charged in the case, and said testimony from five other accusers about encounters that took place years — or even decades — earlier had improperly prejudiced the jury against him.

A spokeswoman for the Montgomery County district attorney’s office declined comment but said prosecutors would file a response in the coming month.

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