Bill Cosby’s latest attempt to have 2004 drugging and sexual assault charges against him removed has failed. The actor returned to court in Norristown, Pennsylvania on Thursday to try to dismiss alleged the criminal case.

At his May 24 preliminary hearing, the 78-year-old actor was ordered to stand trial on the alleged assault of Andrea Constand, despite allegations of assault from over 50 women. Cosby, however, took issue to the fact that Constand was not present to testify in person.

Instead, law enforcement officials read out a statement the former Temple University employee gave authorities on January 22, 2005 related to the alleged incident that occurred at Cosby’s Philadelphia mansion over 12 years ago.

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Back in court on Thursday, Cosby and his legal team, led by his main attorney Chrisopher Tayback of Quinn Emanuel Urquhart & Sullivan LLP, asked Montgomery County Judge Steven O’Neill to derail a criminal trial on three felony second-degree aggravated indecent assault charges or to get a do-over of the preliminary hearing that ruled such a trial would occur.

However, the judge found there is enough evidence for Cosby to stand trial, denying his team’s attempt to have the case dismissed and refusing his request to make the alleged victim testify. Cosby will be held for trial on three counts of Aggravated Indecent Assault.

A statement from the attorneys representing Cosby read: “Once again the Prosecution had the opportunity and the obligation to place Mr. Cosby’s accuser under oath so that we can search for the truth but they refused. In this Courthouse and in this State, we have always protected the liberty of our citizens by requiring accusations like these to be tested by an examination under oath but not today.”

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The statement continued, “Today a man who has meant so much to so many; a man who has given so much to so many; has had his constitutional rights trampled on. We truly believe that our Supreme Court will right this wrong and reverse this decision so that we can finish the mission of proving Mr. Cosby’s innocence.”

If found guilty on the criminal charges against him during trial, Cosby could face an upwards of 10 years behind bars in addition to some hefty fines.

A trial date is to be set later this month.