Lawyers for Bill Cosby have accused prosecutors of playing a game of "gotcha" by waiting 12 years to charge the veteran entertainer over a sex assault case and using his evidence in a civil lawsuit against him.
Defence lawyers filing their final motion before a key pre-trial hearing next week say Cosby, 78, had a promise from authorities that his evidence in his accuser's civil action would not be used against him.
District attorney Kevin Steele cites Cosby's recently unsealed testimony as part of the new evidence driving the charges against him over a 2004 sexual encounter at his home.
Cosby says his relationship with accuser Andrea Constand was consensual.
His lawyers want the charges dropped or Mr Steele removed from the case.
Former district attorney Bruce Castor is expected to give evidence for the defence on Tuesday.