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tv   Cavuto on Business  FOX News  June 17, 2017 7:30am-8:01am PDT

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morning they were deadlocked and the judge ordered them back to work. they enter deliberations, numerous testimony, and the alleged victims of interviews with police officers, and police officer testimony, on and on throughout the week, 52 hours, the previous record for jury deliberation at the montgomery county courthouse is 14 hours so clearly taking a long time to come up with some kind of verdict and we were hearing from sources in the courthouse that there were one or two holdouts, presumably people would not render a guilty verdict on indecent assault charges, and come over the verdict and told the judge they no longer could
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reach a verdict. and did declare a mistrial. thanked the jury for their service and they were extraordinary. and emotional time in the courtroom, observers and producers cannot looked distressed when this was -- and would be clear. that doesn't mean he walks through. he will in fact try this case, bill cosby who turns 80 next month, presumably if the da follows up, and come back to this courthouse again for another trial. it was only 5 days, one week long, the deliberation took longer than that. and what they may have to do
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next time to make charges stick. the charges filed against bill cosby a mistrial has been declared, he wasn't found guilty on. >> take a step back because the jury has gone back, asked the judge about a dozen questions and anything that stood out on so many questions, specifically if i'm not mistaken at one point they stopped the definition of reasonable doubt. you learn -- asking very specific questions. >> reasonable doubt was one question. and which spoke to count 3 against bill cosby, he was
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charged with sexually assaulting her without consent, was unconscious and charged with giving drugs without her knowledge. what she apparently didn't know was what those where and after the fact, when she told her mother what happened and her mother got bill cosby on the phone he wouldn't tell her what those were, later he claimed they were benadryl, the mother doesn't believe they were benadryl. that was a key point. was in a consensual act or was she duped into taking pills that knocked her out and bill cosby had his way with her? 60 other women made similar claims that bill cosby took advantage of them without their consent. this was the only case that went to trial and all those other questions, many had to do with testimony from key people in
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this trial. many of them including bill cosby's deposition when he admitted to giving her pills and admitted to having a sex act with her but claimed it was consensual. andrea told numerous people about what she said happen and it came to a he said she said and in this case the jury couldn't agree on what this was. >> we appreciate it. we will come back as news warrants. we appreciate it. greg jarrett is on the phone, we go to you with so many legal questions considering your background as an attorney. first and foremost get your reaction to the news especially in the fact business day 11 but day 6 of deliberations are you surprised at all? >> not surprised. 13-year-old case, those are very hard to bring and you put on top
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of that, he said she said. that makes it a contest of credibility between the accuser and the accused, without any independent witness who never saw anything, just to approve beyond a reasonable doubt the prosecution and get 12 people to agree unanimously either way to convict or acquit so inevitably it seemed to me we were going to get this resolved. >> we heard from mercedes earlier, an attorney, these jurors, diametrically opposed view of a predator as opposed to an american bad for not just decades in the eyes of american people. when these jury members went back, seven men and 5 women, they went back and asked a number of questions, 12 questions. any indication at that point
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that we may be seeing this type of result? >> the longer it goes, the more looks like it will favor a defense in acquittal or as we see and equipped decision is not good for a defendant but one of the things that may have hung up these jurors is not withstanding how compelling the testimony was on the witness stand about how she was sexually assaulted and incapacitated, but you still have the effect the defense repeatedly underscored she continued to have contact afterwards with bill cosby. she continued to meet with him and see him at various concerts and that may be to jurors might have struck me as odd, not the typical behavior of sexual
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assault victim and you have the mother of the accuser in a telephone call the jurors heard, talking to bill cosby, bill cosby essentially offering to pay for therapy and going down to florida and the defense turning that around to say these are people who are out for money. >> we are looking at life pictures out of pennsylvania, seeing bill cosby, use exiting the courthouse, mistrial declared in the sexual assault trial, we have greg jarrett joining us on the phone. i want to look forward with you, we haven't heard from defense, we saw bill cosby exit, cameras are not allowed inside.
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we assume the defense will be declaring a victory. at the same time not only to the prosecution learn a lot but the da says he will retry this case. what is your take on that? it surely isn't cheap. >> it is not cheap. the prosecution was kind of caught in the position, earlier district attorney decided 12 years ago not to bring criminal charges against bill cosby but a new district attorney after him and he probably wants a second bite of the apple now. is totally in the discretion of the prosecution to retry the case. you can retry as many times as you want until the judge stepped in and says no more. if they are going to continue to prosecute maybe they will have better luck next time but i doubt that.
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the defense will claim a victory and continue to insist all of this was consensual so we will see what happens next. >> you mentioned it was not only longer than a decade but you talked about communication afterwards. the farther it gets a way it is more difficult for the da to really try -- it is not getting any easier despite the fact they learned so much from this mistrial. >> i never subscribed to the theory it favors one side or the other on a mistrial. both sides learn from the experience and adjust tactics accordingly. sometimes you get a different result. often times you see a mistrial, one after the other after the other until the prosecution
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finally throws in the towel. you are wasting taxpayer money at some point by keeping up with the prosecution. there were two sides to the story inside the courtroom. you have the deposition testimony of bill cosby admitting he would ply women with quaaludes to have sex with them. the defense said that was just to relax them. the prosecution said no, to render them unconscious so they couldn't consent, that would be the same. you may have additional accusers who will testify in the next trial, this judge only allowed one. he might reconsider that and allow a pattern of conduct. >> greg jarrett on the phone,
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looking at life pictures, a view of bill cosby, a media frenzy. one thing we touched on at the beginning of the conversation, the jury was sequestered sunday and perhaps we will. what goes on during these deliberations? the fact there were six days worth of deliberations and there was fatigue, and when we learned five women who are sequestered and go to the judge, what happens behind the scenes. >> there are no. they were voted at any point in time.
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one after another after another, generally you have at least one or more jurors, will disagree by others and then it is a matter of convincing one side over the other and there might have been 11 people who wanted to acquit and 12 convict the other way around. jurors speak about the decision. that will be incredibly constrictive for the prosecution, the prosecution learned most everybody on the juror wanted to acquit, convincing them that if it is not a good idea to try to retry bill cosby and the other thing that i found very interesting,
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jurors, a couple things you don't learn about. they learned specifically that the prosecution in 2005 reviewed the case, look at the evidence and decided not to prosecute bill cosby. in the back of your mind you know as a juror they are the case -- >> we are seeing what looks like bill cosby approaching the media. i will interrupt and bring in rick leventhal who is live on the scene. what are we seeing now? >> a big crowd gathered in front of montgomery county courthouse. we can zoom in to show you the scene out front. all the media camped out here for the last two weeks covering the trial and the deliberations. we may or may not hear from bill cosby as he enters those front doors with his team of attorneys
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and his assistant and spokesman who has been vocal over the last few days talking about the need for this. let's listen. >> sensationalism at the expense of a human life. historically people have challenged injustice which i am grateful to any of the jurors who tenaciously fought to review the evidence which is the rightful way to make a sound decision but ultimately that is a manifestation of justice based on facts, not lies. as a special friend once stated, truth can be subdued but not destroyed. moreover i express humongous gratitude to counselors brian mcmonagle for their hard work. mister mcmonagle for his passionate and powerful articulation of truth and thorough research to bolster the council, mister andrew wyatt for
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his skills in public relation to our team, diligently and intelligently come to our staff for the continuous commitment to our family and me and our children, grandchildren and other family who love us and our dear friends and supporters who never gave up on us to fight from bill cosby. >> power is the ability to define phenomena in a designed manner. power is the ability to define phenomena and make it matter. bill cosby, power is bad and the jurors that use their power to speak, power is bad. the legacy didn't go anywhere. it has been restored and for all those attorneys who conspired
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like gloria allred, tell them to go back to law school and take another class. >> i want to bring in rick leventhal. we heard if i'm not mistaken that young woman who was speaking was that his assistant? the gentleman in the purple tie was his attorney? >> the gentleman who was just speaking with andrew wyatt, spokesman for bill cosby. guided him out by the elbow. bill cosby is legally blind, turns 80 next month, needs assistance getting in and out of his vehicle and in and out of the courthouse. andrew wyatt has been here and at his side throughout the trial and deliberations and is no doubt headed back inside the courthouse to meet up with bill cosby and guide him out the front doors and back to his vehicle to head home presumably. i didn't see who was speaking but i can tell you that the
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alleged victim has been in the courtroom throughout the trial and deliberation. was in the courtroom when this mistrial was declared with her mother, they hugged, supporters giving her, not emotional as far as, bill cosby at one point, letting them go but also we should know, may be happy to leaving a free man but he knows he may be back again to face these same charges again because the das saying he will retry this case but what we are seeing behind me are the media scrambling to get the exit of bill cosby from the courthouse, last time we will see him until the trial goes back. bill cosby has left the
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building. >> we have seen a shot with him, he left with andrew wyatt. he brought up reaction when the testimony -- and camille cosby mentioned in quite a few news articles throughout the trial. did not hear from her today. an integral part of this. >> i want to ask this question, andrew wyatt stopped to talk to members of the media. >> he has to say he will be
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tried, millions of dollars. he is a politician. that is okay. >> the assistant to bill cosby, and bringing bill cosby in and out, in this particular trial. he did address the fact the da retried his case and immediately listen this is going to cost millions and millions of dollars. i want to get to camille cosby's role in this trial but i want to get your reaction because after that, it is going to cost too much, and inconvenience. what is your reaction?
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>> i'm attorney gloria allred. >> the defense. >> let's go. >> one of the accusers of bill cosby -- i am attorney gloria allred. i represent 33 accusers to bill cosby, one of them is linda kirkpatrick who is with me today and making a statement. we have with us joel ellison. make a statement as well. this is my statement in reference to the mistrial. we never underestimate the blinding power.
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>> we can never underestimate the blinding power of celebrities but justice will come. i hope the prosecution will try this case again. the court will permit prior, bad act witnesses to testify as the prosecution requested for this trial. for the trial that just ended, and allow one such prior bad act witness to testify against and that was my client, kelly johnson. such with this is the prosecution wanted, if the court allows more accusers to testify
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next time it might make a difference. it is too early to celebrate and round 2 may be just around the corner. and this time justice may prevail. i want to commend the courage of audrey johnston as well as kelly johnson. and all the accusers i represent who have spoken out, have taken risks, refuse to be silenced and i went them to keep their spirits up and i want others to believe they are victims of anyone to law enforcement. to stay strong and consult
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attorneys and to know that there can be justice and there may be justice in the future, returning to court to santa monica june 27th on the case of judy huck versus bill cosby and we look forward to the court setting a trial date, and working for justice, against bill cosby. >> my name is linda kirkpatrick. great respect and admiration for the jury, the hardest working jury in the country over the last him.
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didn't know -- looking for reform, uncovering rape culture where victims are blamed and shamed, continuing looking for more reforms for sexual assault. 2% of rapists in this country ever spend one day in jail, 98% walking among us to pray upon us again, men and women. time for reform, open your eyes. that is all i have to say. the policy, statute of limitations, part of only eight people that got the statute of limitations abolished in california for the benefit 38 million people in nevada, made some head way. 25 states have a statute of
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limitations, we got to change that. >> i wrote something here. to make sure that i said what was really in my heart. and start with talking to the black community. i just want to say i feel your pain. i understand that. in the words of the late great martin luther king jr. he said we must accept finite disappointment but never lose infinite hope.
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it is time for rape and violence. that is the end of the quote. it is time for rape and violence to stop so the healing can start. let's walk together as one family to solve our differences peacefully. clearly we must work, a piece of egalitarian society. god is watching all of us. >> any questions? >> andrea cummings. >> what about?
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i have no idea, don't represent andrea. >> your reaction to this mistrial, the jury was hopelessly deadlocked and a couple days later they were deadlocked. are you surprised by what happened and your reaction? >> i am never surprised by what a jury will do. it is not over until it is over and it may not be over yet. it is over for this jury, the prosecution can still refile, a new gerri, i have seen that many times in cases all over the country. sometimes a second gerri will render a different outcome for the first gerri. we don't know. we have to await the prosecutor's decision as to
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whether or not he will refile. that is good. sometimes prosecutors wait to know how many jurors voted before conviction or not. if he already said that, then i am very happy because that is important and i emphasize i would like to see a court -- to testify. that is relevant on the issue of whether bill cosby had a plan, a scheme to drug and sexually assault women and the jury will be better served if they can hear from the other accusers and make that decision as to whether or not they could convict or not and whether the alleged victim was in a position to consent for
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incapacitated. >> adding more women to a case which you were able to do before. >> the case did not permit it but the prosecution argued for it. >> what would you advise them to do next time? >> i think they did a good job. law enforcement, the detective, everybody on the team. i would like to argue for more accusers to testify. other than that i am sure they will analyze what they might want to do differently and i will await their decision. it is relevant to the matter of law and the issue of consent. they didn't consent, if they believe he is drugging a number of women and sexually assaulting
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them, that could prove that he knew they could not consent if they were and that there was a plan, it seems to do what they did and that's why i think it's important that the other accusers are able to testify and on those two points as a matter of law, that's why the prosecutors should be allowed that they should testify. all right, so,never give up, is what i say to other sexual assault victims throughout the country. never give in and never give up. thank you. >> a fox news alert as you're looking at

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