Openly gay Constand was in a relationship with a woman at the time

to giving Constand pills before the two had consensual relations

Cosby's statement to police was also read in which he

Bill Cosby is heading to trial on charges he sexually assaulted a woman over a decade ago.

The disgraced comedian, 78, learned the news inside a Norristown, Pennsylvania courtroom on Tuesday after Montgomery County prosecutors spent the morning presenting their case to the judge and laying out why they believe they have enough evidence to send the case to trial.

Cosby decided to waive his right to a formal arraignment after the judge's decision, which would have taken place on July 20.

Cosby is accused of drugging and sexually assaulting Andrea Constand at his mansion in January 2004 and is facing three felony counts of aggravated indecent assault.

If convicted, he faces up to 10 years in prison and a $25,000 fine.

The prosecution decided not to call Cosby's accuser to the stand on Tuesday, instead having Detective Katherine Hart read the affidavit Constand gave when she reported the alleged assault by Cosby.

That decision later led Cosby's lawyer Brian McMonagle to call the proceedings a 'travesty of justice.'

Leaving the courtroom McMonagle said; 'They had 12 years to bring a case, they didn't. And what [the prosecution] presented today was evidence of nothing.

'They had 12 years to bring an accuser to confront Mr. Cosby, they chose not to.

'There was no evidence of a crime here. And the inconsistencies that plagued this investigation from the beginning continue to plague it now. This case should end immediately.'

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Shock: A dejected Bill Cosby leaves the courtroom after learning he will stand trial on sex assault charges

Preparing: Cosby (waving to the crowd as he leaves court) decided to waive his right to a formal arraignment after the judge's decision

Long day: Cosby arrived to court Tuesday morning smiling in Norristown, Pennsylvania

Key witness: Cosby may come face-to-face with Andrea Constand (above in December)the women who is accusing him of raping and drugging her in 2004

Montgomery County District Attorney Kevin Steele said after the ruling that Constand would testify at trial.

Constand has yet to comment on the judge's decision but she did like a tweet from Gossip Girl actress Caroline Lagerfelt on Tuesday morning that read: 'My love, thoughts and prayers are with you.'

The defense plans to prove that the sex between Cosby and Constand - who is openly gay and was in a relationship with a woman at the time of the alleged assault - was consensual.

In her affidavit Constand told police that Cosby gave her wine and pills and then sexually assaulted her while she was unconscious.

'I got scared,' Constand told police of the alleged assault. 'I had no strength in my legs. They felt rubbery and like jelly. I felt spacey. Everything was blurry or dizzy. I had no thought to call 911.'

She later told police: 'I told him, "I can't even talk, Mr. Cosby." I started to panic.'

Constand claims she arrived at Cosby's home on the night in question and was greeted by the actor, who was wearing a sweatsuit.

The two spoke about Constand's future, and she told Cosby she was feeling 'drained' and 'emotionally occupied'.

That is when Cosby allegedly went upstairs and returned with three blue pills. telling Constand: 'These will make you feel good. The blue things will take the edge off.'

Constand claims she then asked if the pills were herbal, to which Cosby replied: 'Yes. Down them. Put 'em down. Put them in your mouth.'

According to the affidavit of probable cause, Cosby then told Constand to have some wine, and soon after she began to have trouble speaking and seeing.

Cosby then allegedly told her to lie down on the couch, and soon after, according to the affidavit of probable hearing, was 'fondling her breasts, put his hands into her pants, and penetrated her vagina with his fingers'.

He also allegedly took her hand and placed it on his erect penis.

Constand claims she woke up hours later around 4am and realized her bra was undone and above her breasts and that her sweater was bunched up.

As she made her way to the door she claims Cosby was standing there in a robe and holding a muffin, which he handed to her as she left while saying: 'Alright.'

Speaking out: Lawyer Gloria Allred addresses the media after the judge's ruling on Tuesday

Heading to trial: Montgomery County District Attorney Kevin Steele said after the ruling that Constand would testify at trial

On cross examination, Cosby attorney Brian McMonagle questioned the fact that Constand continued to see Cosby and even returned to his house outside Philadelphia to meet with him after the encounter.

The defense also pointed out that Constand told detectives she contacted Cosby after the encounter because she wanted tickets to one of his comedy shows.

Judge McHugh barred McMonagle from reading a portion of the affidavit however that described an interaction between Constand and Cosby after the alleged assault, causing McMonagle to lash out.

'So should I just leave? They could have mailed you this statement, circled what they wanted you to read and none of us would have had to show up,' said McMonagle.

Judge McHugh eventually cut McMonagle off and accused him of 'grandstanding.'

Gloria Allred, who represents over 30 women who have claimed that they were drugged and raped by Cosby, was also in the courtroom on Tuesday.

She spoke with the media after the judge's decision, and spoke about Constand not appearing in court.

'It is not necessary for the victim to testify at a preliminary hearing. Instead what she has stated in her police report can come in through the interviewing law enforcement officer,' said Allred.

'In this case two detectives testified about her interview and the court found that that was sufficient.'

She went on to say; 'The court, having reviewed all the evidence, found that there was sufficient evidence to require the defendant, Mr. Cosby, to stand trial. I think that was the right decision based on the law and based on the facts as provided.'

Allred would not comment however of whether she thought any of her clients might be called to testify during the trial.

She did however say that Cosby and his team out up a 'vigorous defense' and that the actor was 'not thrilled; that his statement to police was read in court and then placed into evidence.

District Attorney Steele had to actually ask Allred to step aside when he exited to courthouse so he could make his comments to the media which he kept brief, saying he was saving most of what he had to say for the trial.

'We want to seek truth. We want to seek justice,' said Steele.

Going solo: Cosby was not joined by his wife Camille (above in November 2014) or any other family members as he arrived at court Tuesday morning

Rejuvenated: Cosby was looking far more youthful than he has during recent appearances and not relying on a cane to walk (above walking in with spokesman Andrew Wyatt)

Big crowd: Those outside the courtroom began to cheer as Cosby exited his car and went inside

Constand, the former director of operations for Temple's women's basketball team and a one time college basketball star herself, launched a legal suit against Cosby, a man she called her 'mentor', in March 2005.

Now 42, she said she first met Cosby, a Temple alum, in November 2002 and the pair became friends and she was a frequent guest at dinner parties at his home.

The case against him emerged just days before Pennsylvania's 12-year statute of limitation deadline for pressing charges was about to run out and despite a previous DA declining to charge Cosby a decade ago.

Cosby previously said under oath that he had consensual sexual contact with Constand.

The criminal complaint alleges that on the night in question Cosby told Constand to take three blue pills that left her feeling weak and then led her to a sofa where the assault took place.

When she woke up the next morning he gave her a muffin and sent her home.

Steele said at the press conference in December that Cosby made two failed sexual advances towards Constand before the incident now in question.

The affidavit of probable cause describes both incidents, as well as the night of the alleged assault.

Constand claims that the first time Cosby made an advance at her was after the two shared a meal at his house and were sitting on his sofa having a discussion.

That is when 'without warning, Cosby reached over and touched her pants, her waist, and her inner thigh', according to the affidavit of probable cause.

She claims she then excused herself, went to the bathroom, gathered her things and left.

The next time he made an advance at her also occurred at his home in Elkins Park, and this time he 'unbuttoned her pants and began touching her,' according to the affidavit of probable cause.

Once again Constand claims she left soon after.

Then, sometime between mid-January and mid-February 2004, the alleged sexual assault occurred.

Defense: Cosby's lawyers Monique Pressley (left) and Brian McMonagle (right) enter the courtroom on Tuesday

Walking the carpet: Gloria Allred (above) was also seen entering the courtroom on Tuesday morning

Long day: A man is seen wheeling evidence into the courtroom on Tuesday morning (above)

Getting ready: Cosby was seen getting on his suit jacket before preparing to enter court on Tuesday

Authorities in Montgomery County, Pennsylvania, followed up with an investigation after she reported the assault, but in February 2005 District Attorney Bruce Castor declined to press criminal charges due to a lack of evidence.

The affidavit of probable cause also details an interview authorities had with Cosby about the alleged assault on January 26, 2005.

Cosby said at that time he had given Constand Benadryl and then, according to the affidavit, 'they began to pet (touching and kissing) and then he touched her bare breast and private parts.'

Cosby claims that Constand did not ask him to stop at any point.

He then admitted to giving her a blueberry muffin and some tea when she awoke early the next morning.

He also said the two had 'petted and kissed' several times in the past, and that he 'liked the petting and touching'.

When asked if he had ever had sexual intercourse with Constand he said 'never asleep or awake.'

Constand later filed a civil suit against Cosby which he settled for undisclosed terms in 2006. He also agreed to give a deposition, which was released last July.

It was the release of that deposition and the admissions that Cosby made that led to Montgomery County prosecutors pressing charges.

Cosby's lawyers said in a statement shortly after the new charges were announced; 'The charge by the Montgomery County District Attorney's office came as no surprise, filed 12 years after the alleged incident and coming on the heels of a hotly contested election for this county's DA during which this case was made the focal point.

'Make no mistake, we intend to mount a vigorous defense against this unjustified charge.'

Cosby has been out on $1million bail since December 30 when he was charged in Montgomery County.

In February he also sued Constand claiming she violated the terms of their civil settlement by agreeing to cooperate in the criminal probe against him.

One of the many women who have accused Cosby of drugging and raping her is model Janice Dickinson, and her lawyer Lisa Bloom released a statement about the judge's decision on Tuesday.

'We are delighted by the decision in Pennsylvania today requiring Bill Cosby to stand trial for felony indecent assault. Women all over the country have fought against great odds to bring Mr. Cosby to trial as we have,' said Bloom.

'Mr Cosby is entitled to a fair trial, and so are the more than 50 women who have now accused him of sexual misconduct.'

Lili Bernard and Heidi Thomas, two other women who claim they were drugged and raped by Cosby also gave interviews after Tuesday's decision with both women speaking to MSNBC and saying they would fly to Pennsylvania at any time should Constand want them to be there for her at the trial.

'In a heartbeat. In a new York second. In a Pennsylvania second,' said Thomas.

'We have her back. We're her girls. Absolutely.'

EXCERPTS FROM BILL'S COSBY'S DEPOSITON COSBY DISCUSSING HIS RELATIONSHIP WITH 19-YEAR-OLD THERESE SERIGNESE Q: Did you give her quaaludes? A: Yes. Q: What effect did the quaaludes have on her? A: She became in those days what was called high. Q: She said that she believes she was not in the position to consent to intercourse after you gave her the drug. Do you believe that is correct? A: I don't know. ... How many years ago are we talking about? 197(6)? ... I meet Ms. Picking in Las Vegas. She meets me backstage. I give her quaaludes. We then have sex. COSBY DISCUSSING THE TEENAGE MODEL HE HAD A SEXUAL ENCOUNTER WITH Q: She says that just days after ... she told you that she did not drink, you told her to come over to (your townhouse) and served her amaretto. Do you recall serving her amaretto? A: No. Q: That you told her to sit next to you on the couch and that you put your arm around her and began massaging her shoulder and arms suggestively. Did that occur? ... This occurred sometime after you met her parents. A: I need clarification on time. Q: She's 17 and I believe throughout the time she knows you she becomes 18 or 19. Q: On a later occasion you had her masturbate you with lotion. Did that ever happen? A: Yes. Q: (She) used the lotion to rub your penis and make you ejaculate? A: Bingo. COSBY DISCUSSING A TEENAGER WHO FILED A POLICE COMPLAINT AGAINST HIM A: I fed her dinner, gave her three drinks. We went then to the living room. We went through acting, elementary moves. We then went to the sofa. We laid down together. I was behind her. Q: Was she lying down or sitting up? A: No, she was down. Q: Did she fall asleep? A: Yes. Q: What did you do when she fell asleep? A: I got up. Q: Did you engage in any type of sexual contact with her while you were on the couch? A: No. Q. Are you aware that the woman's statement was that on the night of the dinner at your New York townhouse, "At some point Cosby and the woman were sitting on a sofa and Cosby was massaging her back?" A: Yes. Q: "Cosby then lowered his pants in an effort to receive oral sex?" A: "In an effort to receive oral sex," that did not happen. Q: "The woman rebuffed Cosby's advances and was immediately sent home, driven by Cosby's driver?" A: And that is not true. Advertisement

Celeb spotting: Police officers observe actor and comedian Bill Cosby depart the Montgomery County Courthouse

Meanwhile, parts of Cosby's deposition from over a decade ago became public on Monday.

In that deposition he admits that he gave quaaludes to 19-year-old Therese Serignese in Las Vegas in 1976 and that he had another teenager, who he met in 2000, masturbate him with lotion.

That second teenager was one of the 'five to six models' Cosby said an agency sent to his studio each week. Cosby said in his deposition that he would give the young women 'a very, very good meal.'

After admitting to giving Serignese quaaludes during his deposition and acknowledging that they made the teenager 'high', Cosby was then asked by Constand's lawyer Dolores Troiani; 'She said that she believes she was not in the position to consent to intercourse after you gave her the drug. Do you believe that is correct?'

Cosby responded to that question by saying; 'I don't know. ... How many years ago are we talking about? 197(6)? ... I meet Ms. Picking in Las Vegas. She meets me backstage. I give her quaaludes. We then have sex.'

He also stated that he had never taken quaaludes despite the fact that he gave them to women, claiming they make him sleepy.

Serignese said in a 2014 interview that she met Cosby at the Las Vegas Hilton in 1976 and was invited to spend time with him after his show, which is when he gave her two Quaaludes.

'I took them, didn't know what they were didn't even ask. I just was intimidated I guess and I took them,' Serignese told WPTV.

'Then my next memory is feeling drugged and him having sex with me.'

Despite this, she ended up staying with Cosby, living in his penthouse for weeks, but eventually she moved out and later married.

She did however take up Cosby on his promise to pay her $500 if she went to school and earned good grades.

After attending nursing school, and doing well, she got word to go down to Western Union. In the end, she got $10,000 from Cosby.

The other teenager Cosby admitted to having a sexual interaction with he first met when she was just 17, though he does not state how old she was when he had her masturbate him with lotion.

After admitting to the sexual act with the teenager, Troiana asked Cosby; '[She] used the lotion to rub your penis and make you ejaculate?'

Cosby responded to this by saying; 'Bingo.'

The deposition also reveals a previously unknown young actress filed a complaint with police in New York City after she claims Cosby tried to force her to have oral sex.