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By Hannah Rappleye

Bill Cosby is again seeking to appeal his sex assault case, arguing that his accuser should testify at a hearing before the case goes to trial.

In a motion filed Wednesday in Montgomery County, Pennsylvania, Cosby's attorney argued that the failure of Andrea Constand to testify violates due process because Cosby was not able to confront his accuser.

"It is quite clear that existing precedent compels the conclusion that Mr. Cosby should now be permitted to do the same," said the motion.

Constand alleges that Cosby assaulted her in 2004. At a May hearing, a judge ordered Cosby to stand trial.

District Judge Elizabeth McHugh found probable cause after portions of the police statement from accuser Andrea Constand were read in court. Constand was not required to testify and was not in court.

Cosby, 78, faces up to 10 years in prison if convicted. The judge's decision marks a stunning turn of events for the once-beloved sitcom star, who thus far had avoided trial.

His defense team had argued the case — the only criminal case amid dozens of accusations — shouldn't be tried.