On Wednesday, the district attorney involved in Andrea Constand's sexual assault case shot back at the comedian's plea to have the charges against him dropped.  The legal team also shot down Cosby's request to have a different prosecutor assigned to the case. 

Now Cosby's legal team is saying Steele violated a no prosecution clause in the civil suit and therefore the charges should either be dismissed or a new prosecutor assigned to the case. 

The D.A., however, suspects B.C. is "blatantly trying to pick his own prosecutor" and that the clause in question is non-existent:

"The defendant contends that a former district attorney granted him immunity or a promise not to prosecute via a press release, despite the language contained in the press release that clearly states the decision not to prosecute in 2005 may be reconsidered.  Additionally, only a judge may issue a grant of immunity, which was not done in 2005 or since.  The move is unwarranted and a blatant attempt to pick his own prosecutor." 

Sounds complicated! 

A judge will decide on February 2 whether or not the father's motion to dismiss is valid.  If not, the preliminary hearing will go along as planned.