tv Cashin In FOX News June 17, 2017 8:30am-9:01am PDT
not a person who might have been attacked. the circumstanceal evidence, that something else was going on between them at the time. the other issue when she was given the drugs, did she consent to take the drugs? you know, what happens after that, is not necessarily -- is considered, you know, that she couldn't give consent, i'm sorry. but they have to look at what she was thinking at the time when she took the drugs. leland: all right. bob, nicholas, stand by, as well. we're looking at pictures of mr. cosby just for our viewers' standing, this is file tape of him addressing these issues. we're still waiting for the news conference from the district attorney, a fellow who is going to be talking, a district in montgomery pennsylvania, kevin steele, let's listen in. >> the jury was not able to
come to a unanimous verdict in this case. we appreciate the extraordinary sacrifices that jurors made, coming all the way from pittsburgh and deliberating and working for the time period they did. this has been a long process to get to this point. we have to overcome a number of obstacles that were put in our way. a number of legal maneuvers by the defense, to stop, to delay this trial. we got to try our case and we got to be in a position where andrea constand and our other prior bad acts witness could testify in a court of law as to the facts of what happened to them. we will evaluate and review our case. we will take a hard look at
everything involved and then we will retry it. as i said in court, our plan is to move this case forward as soon as possible. there are some good outcomes that have come from this. despite the fact that the jury couldn't come to a verdict in this case, andrea constand on our prior bad acts got the face of the defendant in court and got to tell what happened to them. too often, these types of crimes, sexual assault, do not get reported, especially cases where a drug has been used and a drug facilitated sexual assault. an intoxicant so the victim does not have a clear memory of
what went on. so, we hope that moving forward in this case, sends a strong message that victims of these types of crimes can come forward and can be heard on what has happened to them and they will have the prosecutors and investigators that are looking at those cases, take a hard look at them and treat them with the respect that they deserve. the other part of this is, i think, is so important, is standing up for sexual assault victims. this is a case that we know has been important for sexual assault victims everywhere, but when we look at the case we have, we have one victim. we have andrea constand.
she has shown such courage through this and i think share our thoughts on her, which is in all of what she has done and moved forward in this case. and when we made the determination, we had talked about today of moving forward, it lies in the fact that she's entitled to a verdict in this case and the citizens of montgomery county where this crime occurred, are entitled to a verdict in this case and we will push forward to try to get that done and get justice done. now, our job in this, as prosecutors, we should take on the tough cases and we do, and we do it because it's the right thing to do.
and in this case, there's no doubt in my mind and all of our minds that this was the right thing to do, so we will push forward. now, also, i'll tell you that i feel very blessed to be in this position because i am surrounded by an incredible group of people, a dedicated group of public servants who certainly aren't in this for the money. they're committed to doing what's right. and i want to start with the two folks that are flanking me. so i don't know how much you know about their background, but they started at the same time in our office. coming up in august will be their fifth year as
prosecutors. so, you all, as long as you're in had the courtroom, got to see what i got to see and i am just incredibly proud of the two of them and how they stepped up. i heard one question asked, was this their only case. they're consistently carrying cases of about 200. stu is the captain of our sex crimes unit and tristan kristen is part of the elder abuse. i hope they make all citizens of montgomery proud of what they do. our appellate union, bob fallon, the dew point district
attorney, and andrea, they're not here because they're usually in the background. they and their teams across the way, across the hall where you sit right now, have kept up with everything that the defense threw at us, every attempt to stop this up, the motions that were filed, they have just worked and worked and worked to make sure that we could get to the point where we could go into a courtroom and try a case. the other thing i would be remiss if i did not speak about, is the community and a number of the folks up here with us, chief gallin and i and the chief cannot be more proud of our law enforcement community and everything they've done through this. so, sergeant schaeffer here who
has been with this since day one, and everything that he d did. this guy retired and he's still here. and harry and all the folks from cheltonham who worked their tails off in this. and nothing, but great things to say about them and over on the side, mike and jim reeves, montgomery county detectives and we're all just so proud of them. deputy chief burnsteel behind us, and jim reed who managed a lot of the work that the team did and again, our and chief gallon couldn't be more proud
of them. i would be remiss if i didn't thank the attorney general's office for the help that they provided us in pittsburgh when we were out there selecting the jury. and the allegheny county district attorney's office who helped and opened their doors to us and worked with us. just shows how law enforcement works together and the team approach we approach all of these issues with. at this point i'll take a few questions, but preface about of i take the questions, we're retrying a case here so there are things i will not be able to get into and hopefully i can answer a few of the questions. >> will you seek to get the entire bad acts witnesses in? >> well, we have to reevaluate the case and that's going to be part of the process. now, we do that in most cases
when we finish a case and take a hard look at things and see if there are things we can improve upon. we felt really good about this case. we felt good about it on friday when we closed our evidence and we felt good about it on monday when we closed. so hyou know, there's always tweaks and we can always do things better, so that will be a self-assessment that will go through. can you explain the timeline of setting a new trial date? >> so, the judge made some indications in court that he was looking to put this on within the next 120 days. what i expect in the near future, we'll set a pre-trial conference where we'll met with the judge and get a timeline of what we're going to do. legally, i think we have 365 days to try the case, but we're going to push it along. as i indicated before, this is
a case where the our community is entitled to a verdict and we're going to work hard to get to that. >> paul, you've got something or you're just taping this? i'll get you in a minute, okay. >> no regrets, do it again. >> i said it in court, we're going to go forward-- >> i'll try to, let me go in way. >> why so long? >> i don't look at this as anything other than a jury that's deliberated a long period of time. we are confident in the case that we've put on and we hope
that we will be in a position where a jury will come to unanimous next time around. >> how many holdouts there were? >> you know as much as us about that and the court indicated that, i believe. we have no indication of where anybody was on the case and i don't know that we'll ever real now. we have to assess what we've done in the case and we'll push it forward here. >> will it change the jury selection? >> we have to evaluate each of these things, i mean, the jury selection is a panel comes in, and they're randomly selected for that, that panel and then you choose people that you believe can follow the law, that can look at this in an impartial way and not bring any, you know, bias or sympathy to this and
that's what we're trying to do next time. >> yes, ma'am. >> the reaction, that wanted to to this again-- >> i mentioned before how courageous she is and i can't emphasize that enough. she is a positive person. she has kept all of us going through a number of days when we were waiting for a jury to come back. the last deadlocked jury i had was '92 or '93 so i'm not used to this and she has been positive in every way and continues to be and she's indicated she will continue to cooperate with us and i look
forward to her getting a verdict in the case. yes, sir. >>, [inaudible question] >> we don't select the judge. this has been a judge assigned to it, judge o'neill. he is the criminal administrative judge for the case and i expect that he will be our judge. he's the one that indicated in court that he wants to put this on in the next 120 days so we anticipate that. >> the next trial, another year-- more difficult to prove. >> well, i think one of the challenges that we face in this type of case is the time period that has gone on. so, that's just a reality as
where the posture of this case stands, but it doesn't affect the evidence. i think, i hope that if you sat through the court, and the proceedings, you saw how powerful that evidence is and we have items of evidence that we put up in court and i think that it keeps us very confident in getting to the right one. i'm not going to talk about camille cosby and whatever. >> the case, potentially with a new jury, what do you think went wrong that at least one juror did not buy your case. >> i can't comment on how the jury was not able to come to a conclusion and you all who were in court again, saw the same thing i do. i have no indication one way or
another. you heard all the same questions that we heard. so, i have no insight to provide on that, other than-- other than the case that we've put together. >> have you heard about the-- >> go ahead. >> confident that she's definitely willing to go. >> as i said, she's a very courageous person and indicated that she's going to cooperate with us moving forward. so, no, there's no doubt in my mind on that. >> there were a lot of people in the african-american community protesting today and criticized your case, a case against bill cosby that wanted to make a political point. how do you respond to people who say that you're going to be trying a man a second time because you didn't get the conviction a first time.
>> sure, sure, as the court indicated in this, this is a do-over. we start again and just because, you know, a verdict was not reached in one case doesn't mean it won't be reached next time around. and we don't know why it wasn't reached, but there's no guarantee as to a result in a case. this is our system and we put it before a group of jurors. and the second part i think of your question there. this case is about a drug facilitated sexual assault and it doesn't matter, you know, what you look like or who you are, you know, our job is to follow the evidence where it takes us. we have done that and we have put together evidence that we
got through every legal hurdle on. meaning, we got through a preliminary hearing on it. we got through an habeas on it, we got through appeals on it, we got through a jury to deliberate on it. every legal hurdle shows we had a significant amounts of evidence to reach all this. now, we have to prove it beyond a reasonable doubt, the highest standard in the law and we intend to go back and do that. so, that's what this case is about. it's about a drug facilitated sexual assault. >> had said there had been a number of-- leading up to the trial. how many of the judge's prior rulings apply in this next trial of the case, and how often do you expect anyone come up again. >> okay, this is where i wish
our great folks from an appeals unit were standing next to me. as i said, i don't have a whole lot of experience being in this position. but it's my understanding that it's really a do-over. so, you know, in terms of the-- for example, we start to where we began, and so it would have to be a new motion for change of venue and the steps. now, i anticipate if we have the same judge, which i expect to have in this, that he's familiar with the legal issues, so, that should expedite things a whole bunch and get us into the time frame to do this, but that's, i guess, the best way i can answer. can answer that. yeah, jim. >> to the critics of a cost of a
retrial, your response? >> you can't put a price tag on justice and if you do, you're saying that because somebody's wealthy or famous, that they don't deserve the same kind of justice that everybody else does, and i hope from what we've done here in montgomery county and will continue to do, that nobody is above the law. this is a place where we are going to simply follow the evidence wherever it takes us, to whom ever it takes us, and make decisions that we believe are the right thing. and we have done that in this case. we will continue to do that in in case. and you don't put a price tag on it. >> the jury, we heard a lot
about how the citizens in-- are you concerned wherever the next jury is coming from, given the publicity of the case, that they cannot impartial. >> that's a challenge that we faced on the first one and thing that's a chilly that we'll continue to face and the analysis is not necessarily that somebody doesn't know anything about the case, it's simply that they can put aside whatever they know and then evaluate the case based upon what they hear in the trial. so, that's the standard that we operate on and for those-- i know many of you made it out to jury selection. that's the questions asked again and again with this and hopefully everybody will be honest with us about that and will be able to follow the law and that's the analysis to both
sides during a jury selection, have to go through and decide on. >> the jury had a lot of questions, and were not able to retain-- . were you in there for my closing? [laughte [laughter] >> i thought it was clear how we lined it up. and i don't know. i don't know anything about what happened in that deliberation room. so i can't give you any insight. >> (inaudible) >> so the judge is the one that's going to dictate the dates here, when he tells us to
be there, we'll be there and we'll have our witnesses there ready to go. just something he said. he did, he did. so, we'll be geared up and ready to go on that. you know, there's always things that could happen with that in terms of, you know, defense motions or other things that may occur and i can't anticipate what they are going to be, but for us, we're going to continue to try to move the case forward. >> charges or a lesser charge? >> the charges are what they are. and we went with the charges that fit under the statute of limitations. so, there's no underlying charge that comes with it, three counts of aggravated indecent assault
and that's what we will continue with as we go through. yes, sir. >> what challenges did mr mr. cosby's celebrity take for you with the jury and how would you overcome that? >> now you're getting into the specifics of the case, along those lines and-- we have to do this again, so, i guess, stay tuned and we'll see what happens next time around and how we present that. >>, [inaudible question] >> i've not had the opportunity to speak with prior bad acts with him since this. we got the same time period as you did with this and there will be things that we'll be doing in the near future on this, and continue to work through it.
>> is this a blow to people that want to-- given that perhaps the dance -- distance to the time of trial. >> i think in any case that comes forward, no matter the time period that it comes forward in, it's always a evaluation of what evidence that you have in the case and that's not going to matter in terms of whether this is something that happened right away or happened a number of years ago. it's still a evaluation of the evidence. so, you know, the statute of limitations is a confine that we operate under and whether it's extended or not extended, you know, it still is the evident of the case that you have to proceed on. >> can you tell us why you feel so strongly why you want to
retry this case? >> i can only tell you that we put together a case. we filed the evidence where it took us. we presented it in court when we finished and closed our case last friday. we were very confident in where we were. we were very confident after our closing arguments. so, that's where the case stands and that's why we didn't have any hesitation to indicate, you know, immediately that we are moving forward to try the case >>. leland: kevin steele the district attorney prosecuting the case against bill cosby and that case has ended in a mistrial and they say they'll
reprosecute the case, they have up to a year. >> and programs have been preempted, you can watch repeats of the cost of freedom on the fox business network. y286oy ywty looking from a fresh perspective can make all the difference. it can provide what we call an unlock: a realization that often reveals a better path forward. at wells fargo, it's our expertise in finding this kind of insight that has lead us to become one of the largest investment and wealth management firms in the country. discover how we can help find your unlock.
>> mistrial. after six days of deliberations ins bill cosby case, they were deadlocked. we're live outside the courthouse. leland: a major search underway for seven u.s. sailors missing after their boat collided with another off the coast of japan. what went wrong and where was the captain. elizabeth: fallout after president trump put on pressure on the attorney general, he's quote, being investigated because of firing the fbi director,