Lawyers for Bill Cosby filed a motion to dismiss sex assault charges on Monday, the Inquirer reported.

Cosby's spokeswoman Monique Pressley called the charges illegal, improper and unethical, saying Cosby had a "non-prosecution" agreement with the Montco D.A.'s office after their original decision not to charge him in 2005.

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The filing also asks for new Montco DA Kevin Steele to be disallowed from handling the prosecution if the case is not thrown out.

Steele released a statement on Tuesday criticizing the filing. 

"We are not surprised by this filing, which has no merit," Steele said in the statement. "My office does not try any case in the court of public opinion. We try them in a court of a law. We will be filing a response to their motion, and we will let our legal response to their motion speak for itself."

Cosby's preliminary hearing is currently scheduled for Feb. 2.