>> Lawyers battling over key evidence at a pretrial hearing for Bill Cosby Tuesday. The first issue, whether to allow Cosby's deposition from 2005 in which he admits to giving drugs to women for the purpose of having sex to be used in the criminal sexual assault case against him by former Temple University employee, Andrea Constand.
Reuter's Joseph Ax is at the hearing in Pennsylvania.>> The argument from the defense lawyers is that a prior district attorney in 2004 essentially promised Cosby that he would never be prosecuted. As a way of getting him to agree to sit for this deposition under oath and talk about content and other women.
The prosecution however has said that no such promise was ever made, that there's no evidence in writing that it ever occurred and that even if it had occurred there's no reason to believe that Cosby would not have sat through the deposition.>> The judge also faced with another crucial decision, whether to allow prosecutors to call up to 13 women who have accused Cosby of sexual assault as witnesses at his upcoming trial.
Gloria Allred, attorney for many of those women, at the court house. Cosby's attorneys also fighting once again to have the case dismissed. Saying that the comedian's memory has faded, and he's now legally blind.>> And so their argument basically is he can't recognize them, and doesn't really recall.
He won't be able to defend himself against those allegations.>> Cosby is faced with three felony charges of second degree aggravated indecent assault, with the trial set for June.