A suburban Philadelphia judge might decide whether to dismiss a sexual assault case against actor Bill Cosby over an unwritten promise of immunity a former prosecutor says he gave Cosby’s now-deceased lawyer a decade ago.

The 78-year-old actor and comedian was arrested and charged in December with drugging and violating Andrea Constand, a former Temple University employee, at his suburban Philadelphia mansion in 2004.

He could get up to 10 years in prison if convicted.

Tuesday’s proceedings left Judge Steven T. O’Neill puzzled over the testimony of former Montgomery County District Attorney Bruce Castor as he wrapped up his defense. The proceedings resume Wednesday morning.

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