tv MSNBC Live MSNBC May 24, 2016 10:00am-11:01am PDT
decision should come in ten minutes. good day to you, 10:00 a.m. on the west coast. where bernie sanders and hillary clinton is battling for votes in california. we are also watching closely of 2016 events for you. the last 20 hours or so of a dramatic trip back to a future, it started with donald trump unleashing an instagram ad aiming at bill clinton's sexual past. >> and today blaming hillary clinton. the person that's at the lead of that fight is in fact the person could not control of what goes on in her own home >> trump told chris mathews if
he ever ran for president, his own record with women could be worse. >> did you ever think about that? people want me to all the time? >> what about you? >> i don't like it. can you think of how controversial it will be, him with a woman? how about me with woman? >> you hope that happens because then people like me would go in and buy. if there is as bubble burst as we would call it. >> back in 1998, trump was praising as the clinton years of the best economic boom ever. the fact that the economy is doing so great. they talk about the '80s were good but the '90s were better, much better. >> add to the '90s. the man led the charge to
impeach bill clinton, ken star, now is seeing his praising. >> bill clinton was and still is the most gifted politician of the baby boomer in generation. >> another unflattering '90s headline, clinton and campaign finance. one of their closest confidante. >> this is an allegation of a gentleman who gave a check to my campaign. >> we are covering it all with the best political team on the ground. we'll get to them in just a moment. lets get to our chief legal correspondence. we are waiting for a decision from the judge. the decision has just come down. >> we have blureaking news. a judge has ruled that bill cosby will face charges in the criminal sexually assault.
this clears the way to the first criminal trial of bill cosby for sex crimes to aggravated in decent assault in the state of pennsylvania. there were three offenses up here and all three moved forward and all charges will be pushed and pushed forward against bill cosby. he will have to defend himself in trial. this is the first time this has ever happened. what happens next? well, with his judge's ruling, they move towards to an arraignment process july 20th. his lawyer will learn based on what they saw today and what preparations moving forward and how they want the case. the end of the proceedings there, we heard an aggressive case made by bill cosby's council. al case they lost at this round arguing the accuser was not reliable but this is all
consensual contact. the judge said no, there is enough evidence to proceed, it will be a criminal trial for bill cosby for these allegations of sex crimes. his lawyer has maintained his innocence in this and as in many other cases that involves in this type of accusations. >> based on what we have heard today, how much of a surprise to you? >> this is not a surprise, the paper record up to this point involving series and precise and allegations of misconduct. the prosecutors argued and closed the circle on what -- i will also say moments ago that prosecutors in their closing arguments in the preliminary hearing which is not to do with guilt or innocence but to go forward.
i can read from it. you heard bill cosby gives the odd answer when asked about pen trap penetration. >> i have to tell you, given the fact that there is over 40 different accusations for women about misconduct, it is certainly expected or not. a big development to see a judge moments ago and clears the path for a trial of bill cosby. >> janet shamly is standing by in north town pennsylvania, janet, what are you seeing and hearing? >> reporter: former arraignment happens in july. cosby will not have to appear at that time. nol one has come out from the courthouse. >> the cosby's defense team
mounted a very aggressive defense. at one point, the defense attorney was yelling at the judge. he was saying you are not supposed to leave your common sense outside in a very raised tone. but, again, that was not productive for them as the judge ruled that this will go forward on all counts with our next action here in mid july or july 20th. the former arraignment where we'll not see bill cosby, we may see him the next few minutes. >> janet, standby for me. >> we want to listen to gloria outside the courthouse in a bit. >> reporter: it is not necessarily for the victim to testify at a preliminary hearing. >> what she has stated in her police report can come in through the interviewing law
enforcement officer, in this case, to detectives testify about her interview. the court found that was sufficient. in addition, this is just my educated guess. i don't think mr. cosby was thrilled that his own interview with the police was admitted into evidence. because some of what he said could be quite damming for mr. cosby. having said that, 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.
i am happy to answer some questions >> defense said that she never said no. the large part had to do with the consent of the victim. the assertion and the argument by the defense that she did not say no. in other words, therefore that she did consent. the argument of the prosecution is if a victim is in ccapcitate. the pill that mr. cosby admitted in his police report that he gave to miss constand and her ingestion of some wine at the time and the fact that she does
not have food rendered her, according to miss constand were in a stage of in and out of consciousness. her legs were paralyzed. mr. cosby was touching her breasts and inserting his finger in her genital area. she could not say anything. as a matter of law, if a victim is unconscious and conscious again, the victim is unable to consent. that's going to be a central issue at the trial as to whether he could consent. >> do you believe that other alle alleged victims to be called to
testify? >> the question has to do with do i think that other victims will be called, will any of my clients testify? under pennsylvania's act legal doctrine doctrine, potentially other accusers could be called a testify trial whether they'll be called is a decision that will be made by law enforcement and the district attorney and the court in term of admissibility. that's a decision later on down the line and that's for the attorney to decide and the court to decide after hearing what i am certain would be many injections to the calling of other accusers. >> would you believe there is a
pattern? >> if the testimony of other accusers one or more is or could be argued to be a same or similar signature activity, it might be considered relevant and admissible. so that's for the court to decide as to whether any of mine, more than 30 clients who are accusers will be called. that's not the decision in my hands. that's a decision of law enforcement. i have no information of that at this time. it is premature for anyone to make that decision. [ inaudible ] >> i think that mr. cosby interviewed with the police in the police chief that was
admitted into evidence was very damaging to him. it is now an evidence. often a perpetrator or an alleged perpetrator does not give a statement to the police, he did. and now, he's goichk ng to have deal with his own words. he signed his statement that he was asked at the end of the statement, is everything you have stated in the statement true and correct and he said yes and he signed that it was. in addition, did he have an opportunity to make any changes? and he did not. >> the defense wanted to under score emphasize many times that miss constand did make changes
in her police statement suggesting that somehow there is something wrong or inappropriate about making changes. i for one glad that miss constand or any person who's the victim to make changes and making sure it is accurate. i represent many victims of criminal cases and still do and including in rape cases and still do. some of them in other jurisdiction never had to opportunity to view it before to see if it is accurate and of a reflection of what they told law enforcement. in many cases, if a person is lying, they have a standard script and they have no need to make any changes because they are going to stick to their script. if they are truth full, they want to look at what's being said and make sure it is
kind of admission that she wanted to continue a relationship with mr. cosby or that nothing happened of a criminal nature. as a matter of fact there is testimony about a conversation between the mother and mr. cosby. pardon me? oh, i am sorry. absolutely. >> everyone is good? all right, lets get our team together. >> this is the prosecutor in the case taking to the microphone here and lets listen to what he has to say. >> we are here because we want to speak the truth. we are here to serve justice and
the evidence in this case it was presented at the preliminary hearing is at a limited bases. a preliminary hearing is a situation where we only have to show that a crime is committed and the defense connected to the crime. we did that through the victim's statement and the defendant's admission to much of the crime. consequently we are going to move forward to the case and looking forward to get a trial date. >> look, i am not going to get in the specifics of this. she was available to testify at trial under the case law that we presented and the judge ruled in
our favor and it is not necessary. it is a preliminary hearing. each step of the line, we have to let go. next question. >> did you have any thoughts of the the significance we are trying to make by saying he's giving her benadryl or any other drugs? >> the point of this is that it was intoxicating to her and she was unable to consent. that's the crime. that's the charges that we are bound over. >> we look forward to handle this in court. we'll going to keep our comments to what happens in court here. >> no, thank you. >> that was district attorney
kevin steel there answering a few questions from reporters gathering outside the courthouse in pennsylvania. you may remember that it was steel who made essential part of his campaign for district attorney. one o f the forms was he was going to go after bill cosby and again the judge's decision coming down a few minutes ago that the 78 years old will stand trial for the 2004 incident outside his home at suburban philadelphia. >> janet shamly is outside the courthouse and kate is going to join us a little bit. kate has been covering this trial since the beginning and he spoke with two dozen of cosby accusers. i want to bring you back here and talk about this cosby
interview. the interview that bill cosby had with police something that was a reveal or talked about it of the preliminary hearing this morning, what did we learn from that? >> we learned that bill cosby to his prior statement to investigators did not dispute some of the core aspect of this event, that's to say he was friendly with this individual d they did spend time together and they did have sexual contact. he said it was a, consensual and b, not sexual intercourse. >> we learned from kevin steel feeling confident. he said in those brief remarks that the paper record of testimony they had was
sufficient. he means, a, some of the cosby statements that you eluded to and andrea constand's written statement. there were some questions heading into this whether she would have to take the stand. they did not do that. i would say that's a show of confidence and some of these allegations are old. it means that the record had been developed as how lawyers would put it. that was enough to clear this hurdle today toll get them moving towards a criminal trial in the eyes of the judge. >> janet shamly is standing by. janet was there and a reaction from cosby as the decision was being announced by the judge. >> reporter: very little from our observers in the courtroom. judge elizabeth mcquee.
cosby came out here behind us. it looks like as he was coming in, he was led by security and he had an aid on his arm and his lawyer trails him. we saw someone fist pumped him as he came into the courthouse. as he got in the suv, we saw a dozen of people shouting out words of encouragement with him and his wife is not here today. >> i do standby. we should note our viewer is gloria is continuing to take questions from reporters there. we are keeping close ears on what she's saying there. >> gloria does not represent andrea constand. constand is the accuser in this particular case. she represents a number of other so called cosby akiccuser.
kate, did you get the since during your conversations with these women. if called onto testify at trial, that would be something they would be willing to do? >> let me correct one thing, there are more than 55 accusers of bill cosby right now and we talked to about two dozens of them. it is not the majority, it is about half that we sat down in one room for a powerful interview. i do get the sense and my phone is, the texts are ringing right now because women have texting me back about the news that just came out. a lot of these women testifying on behalf of andrea constand. most women i talked to a couple of days they have not been in contact with prosecutors in pennsylvania. they are spread around the country and their allegations range and some of them accused
of bill cosby of groping or minor crimes or full out rape. again, i should reiterate, the women we sat down with last fall, none of them are involved in criminal action. you know this case in pence, this case is the only crimina l proceedings. many are still involved in civil seating again. they are feeling a sense of sister hood today and they are feeling obviously -- a lot of women feeling this is one way they can get justice through andrea constand. she joins you now on the phone, stephanie was there a reaction from cosby?
>> reporter: no there was no comments. the judge concluded by saying good luck mr. cosby. it was interesting seeing this case. >> the prosecution saying there is much more than that and going as far as proving their case. they did say she was available if that decision would have been different. it really did not get to that and another interesting point to be made how emotional the defense attorney was in the courtroom. something that you will not be able to see in written reports of this and being in the
courtroom and watch handgim. at one point, she's saying stop it stop it. it did not make the impact he wanted to make on the judge's side. >> some of that time with you, actually and what are the things that struck me when i was there last was how stoic cosby was during the most recent proceedin proceedings. what was his demeanor like in court today? >> there is not much you can read from him, he came in and he obviously assisted by an aid as he walked into the courthouse. there was not a whole lot emotions from him. his attorney was far more emotional. >> well, there is folks gathered outside the courthouse for his greeting and his departure as well. >> some, and most ly media toda
and there were some eseats opend in the courtroom. obviously, intense interest in this and now it is going to trial. you have the official arraignment and one more on july 20th. cosby does not need to appear for that arraignment and then you move forward into the criminal trial itself. >> at one point we are told that the attorney did put his arm around cosby? yeah, he did. in that moment providing some support as it details andrea constand delayed and obviously got quite graphic in the description of the very intimate moment they had on that coach and pointing out by the prosecution that a lot of details are corroborated by cosby himself and it boils down to an issue of consent. prosecution said she was drugged
and unable to consent. it was a consensual moment between two adults. >> the judge will decide whether bill cosby will face trial for criminal sexually assault. >> stephanie, i want to come back to you for a second here, this relationship that the defense talked about and the relationship that continued after the incident in 2004. how is that going to be plead in a trial this summer? >> that's going to be probably a significant area of this agreement. bill cosby's defense council made it clear they intend to challenge the constand and they referred today of something she
said about her conversation with bill cosby later on as "lies." the things that happen after that night under constand's version of the story. the prosecution will zero in and this will be a trial so the jury will have to listen and decide. they'll zero in on what happened that night and say they'll have evidence of what occur that night and it did not matter. what a woman might say, a moment and an hour or a week ever before or after an event. if the event has been proven to be violent and meet the elements of the sex crimes in -- that that unwanted contact has practiced by doping or drugging someone then it does not matter if the victim in that case if it is proven after the fact had a difficult conversation or felt guilty about it or said things
to anyone. mr. cosby and investigators and etc. we'll see a deep litigation of that. it is a controversial aspect of this. the other thing i want to mention on what kate snow has been reporting on is, we talked a lot about the number of accusers. we don't know whether those additional accusers, other than andrea constand in this case is included. it was the march of those civil cases and deposition that created thcreat created. there is a process lehere, thate have been covering for a long while. eventually, they are insistence
and speaking out and led to the material that cause va to take a second look because bill cosby said as kate knows in one of those depositions, hey, i do obtain drugs, quaaludes for this purpose >> today, we are talking about andrea constand's allegation. there is been 55 women that we know of have come forward so far. i know you spoken nearly to two dozens of those women, what are you hearing today? >> i am going to go to one of those women who i have been texting. >> reporter: she's one of the accusers of bill cosby. you have to remember when andrea k constand -- you may recall there were jane dough.
they were never called the testify because it became a civil suit. they settled out of court without having to call on those women. one of a woman who was a jane d doe, are you with us on the phone now? >> it is great to connect with you again. you and i have been texting about this day since yesterday. i know you with reluctant to get your hopes up, how are you feeling right now? >> very excited. all she wanted for this to happen and it is been a long time coming for her. >> you have said that to me that will you are willing to be involved if they want you to be involved at this point. >> i spoke to an investigator, i think he was part of the police department months ago when they were looking into to original
charges. i called and spoke to him and he told me there were two parts of the investigation. one was to investigate the original claim which had to do with miss constand and mr. cosby and the other part was to interview people who were also survivors. >> he was explaining we are not at that point yet where we have other women needing to testify. it could come to that as the trial moves forward. >> miss stoier, it is interesting to hear of your background and for our viewers, legally in a typical case, if someone is accused of individual crimes. evidence of other crimes does not come in. the exception to that which we expect prosecution to pursue
here is a perception that a crime is so similar and potentially unique that they could form evidence that's relevant to the crime at hands. we would expect the prosecution in this case suing that avenue with regard to the drugging and the doping. >> is that something that duh did experience as a pattern with the investigatorinvestigators' you did you had context with. >> yes, that's something that i have experienced of the hands of mr. cosby. if there is a pattern of behavior could be established and if the judge allows it, it is possible that i and some of the other women will testify. >> patricia, i want to pick up one of those things. we were talking about andrea
constand's relationship with cosby and how that continues after the allegation she made. he's still was in contact with her family, i know from speaking to you and so many other women that's a pattern that many of you describe that you had relationship with him and in your case, patricia. you spent some time with him and had something happen and you ended up going back again. >> correct? >> i did not understand what has happened to me the first night he assaulted me. he drugged me and i woke up and i was confused and disor yent a and very, very sick. i had to ask him what happened. he said i had thrown up and passed out. >> i made myself entirely
responsible for it and i did not understand what entirely happened. >> that's right. >> when he assaulted me again in atlantic city a year and a half later, i connected the dots. i thought i remember feeling like this once before only in the second instance and i knew that i had been physically assaulted >> puniatricia, thank you very much. >> we did reach out to the cosby campaign and they denied all of her allegations. >> janet is standing outside the courthouse. i understand you got miss aldridallred there with you. >> reporter: you represent a lot of other women. >> i do. >> what is the significant of of this decision for them? >> well, i think many accuses
mr. cosby to let andrea constand to get her days in court. mr. cosby is going to have his days in court at the trial. i think that's important. they want the truth to come out. were you surprise sort of the frustration and anger over the reading of the testimony instead of having andrea here. >> i am not surprised at all because no doubt japan did want her -- perhaps, they wanted to do a fishing eld decision and try to find out more about what her testimony will be at trial and to try to emphasize any in
consistent situations they could find. either they instead the detectives who interviewed miss constand and wrote a police report and which he mad an opportunity to make decisions on. >> that was -- >> you are saying it is not a usual in pennsylvania to be admitted. it is not unusual for police officers to testify at the preliminary hearing of what the victim said rather than having the victim to testify. we have the same concept in california. why are you here? >> i am here to representing the women that was affected.
gloria, all right, thank you very much for gjoining us. >> all right, again for our viewers and commissioner. bill cosby will face trial, he will face trial in a sexually assault case, stemming from that incident in 2004 at his suburban philadelphia mnansion. there was not in fact enough evidence to move forward. this is msnbc, we are going to take a quick break. midway dak to normandy medina ridge the chosin reservoir these are places history will never forget but more important are the faces we will always remember. ♪
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oswald. >> his father was with lee harvey oswald of oswald being shot. just the other day, a beautiful child when to have the vaccine and came back and got a tremendous fever and got very, very sick. >> people have birth certificate. he does not have a birth certificate. he may has one. >> that was donald trump, the birther from a few years ago. starting with donald trump in leashing other instagram ads. trump is blaming hillary clinton. >> the person who's in the lead
of that fight on the part of democrats is in fact the person could not control the per sexual that goes on her own home. >> kalhalie jackson is in new mexico following the trump campai campaign. is trump participating in her first joining flavors. i thath this is the election. we would hear from it in december. >> reporter: we got six months left. 18 days since trump had become the presumptive nominee. this is his strategy of getting out early and hitting clintons with those liendnes. this is trump taking a decidedly different tone against bill clinton.
>> lets talk about the other 52 years old bill clinton? what does he need to do? >> you have to say where does it stop. i would very done separately than they did. >> the fact that she maybe responsible for bruinging down president in directly. that statement is a bad statement to make and proven to be phenomena. >> i am not insure they should have taken the fifth amount, look, i am not getting along with this man's. i don't think he could have done any worse than what's happening. it is such an embarrassment to him. it is a terrible embarrass. . >> did you have a flaker when you are talking a showers and waking up in the morning, donald trump, why don't you run for governor or president? >> people want me to all the
time? >> i longmont lidon't like it. i have never seen economy like it. they talked about the 80s and '90s. but the '90s is definitely better. what is going to be an intense general election match ups. here on the campaign trial as well and trump is headed to albuequer. >> he will be doing a fundraiser in los angeles with a home of a long time friends. i can tell you when we talk about fund raising, we are talking about the big dollar donation. now, we are reeling to nbc news,
they expect to bring in $5 million tomorrow night, i am told their original. additionally, the fact that's a drop in the bucket compares to what he may need for what will be an expensive general election match up when clinton and the democrats have been raising money far longer. >> a dramatic turn of events considering several month ago. he was bolstering how he will have his campaign. halie jackson is was. bernie sanders is holding a rally right now in anaheim california, also right now bernie sanders has been successful running as an an tie establishment candidate. up next, we'll talk to a man
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campaign. bernie sanders is chasing every delegate. he said he will be asking for officials in kentucky to ricquan vass the -- to ricquerecanvas e votes there. they vote on june 7th, although mail-in voting takes place before that. he says it is insulting that secretary clinton declined another debate in california and aware of the mounting odds and admitted the convention and lead-up to the convention will not be easy? democracy is messy. people will have vigorous debate on issues. >> reporter: will the convention
be messy? >> of course it is. that's what the word democracy is about. if you use the word "messy," it means people will be engaged in vigorous debate. we don't have that often in the united states but that's what the convention is about. >> he's pushing back on critics they say he is hurting hillary clinton's chances against donald trump. >> reporter: you said this weekend, the american people see secretary clinton as the lesser of two evils. >> that is taken a little bit out of context. what i said is -- media does a good job taking people out of context. what i said, which is absolutely true, is that her negative numbers are very high. is that true? >> reporter: absolutely. >> donald trump's negative numbers are very high, is that true? >> reporter: absolutely. >> that's what i said. what i mean by that, i would like in then general election for the people of this country to have the opportunity not just to vote against somebody, you know, vote against clinton or vote against trump, i want the
american people to vote for something, a vision of social and economic and racial justice in this country. that is what i meant by that and that is what i hope certainly will happen. the truth is that i think we do have the vision that is supported by the majority of the american people. that's why we are defeating trump in much larger numbers than secretary clinton and why my favorable ratings are higher. >> reporter: to your point, your main goal is to defeat donald trump, when you use language like lesser of two evils -- >> no. when the media take things out of context. >> kristen walker with bernie sanders. >> tim running this year against dnc chair debbie wasserman schulz. he endorsed her as i understand it, bernie sanders did. have you seen a bump in support since that endorsement?
>> we've had a bump in fund-raising. i should say our fund-raising was already doing quite well. we raised over a million dollars in four months. that was before the endorsement by bernie sanders. >> since the endorsement, how much do you think you've taken in? >> in the first day we took in another quarter million dollars. it did give us a boost in the arm to help the campaign. we're drawing support all over south florida and from around the country. a lot of grassroots support and people who voted for hillary clinton are coming our way. i think there's this perception of my opponent that she's a washington insider. she's been looking after the interests of perhaps the party but certainly herself and corporate interests but not enough looking after her constituents. >> tim, are you at all concerned about being used as a pawn in a proxy war between bernie sanders and the party machine that is the dnc?
>> no. not at all. i've been running for several months now. we have our own campaign and have our own agenda. we're gaining a lot of traction in south florida. it's unfortunate to see the party divided at the national level. i heard the clip you were showing your viewers, senator sanders said, this is democracy and we should welcome vibrant debate and hopefully it comes out united. >> i want to put on the screen some numbers that matter more than any others. senator sanders right now needs roughly 70% of the remaining delegates outstanding. important to say he's not disputing these numbers. that means, as you know, hillary clinton, likely to become the nominee. at what point is this sanders campaign not a campaign but a crusade? at what point is it not about free college, at what point is
it about bernie sanders? >> i don't know. i'll say this. i have friends and family that live in california and certainly they want to have an opportunity to vote in this election. i don't begrudge any for going all the way to the finish line. california's been mostly and afterthought in past presidential elections. this year, it would take a landslide for bernie sanders, but wouldn't that be something? california voters have an opportunity and they can decide the election. >> tim, you mentioned roughly 250,0$250,000 you have gotten s the endorsement. percentage-wise, how much would you say came from out-of-state? >> i think about 90% from out-of-state. i'll point out my opponent, debbie wasserman shuchulz, abou two-thirds of her money comes from outside the state. i'm taking money from not political action committees but live human beings. she's taken money from corporate persons chartered in delaware and elsewhere. i'll point out in the first
quarter we received more donation is in the state of florida than me. she had a 12 year head start on me. i have been a candidate less than 90 days an got more donations than she did. >> thank you. good luck to you, sir. >> thank you. >> we should note we did invite congresswoman debbie wasserman schulz to join us. she was unable to appear and we will continue to invite her on when she can appear. today's microsoft pulse question, should hillary clinton agree to debate bernie sanders one final time before the california primary? there's the question. the pulse is live. let us know what you think. pulse.msnbc.com, that's the news for this hour. i'm craig melvin. my friend and colleague, erica hill, will pick things up on the other side of this break. you're watching msnbc.
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hi, everyone. i'm erica hill. we begin with breaking news this hour out of pennsylvania where we learned bill cosby will stand trial on sexual assault charges, that decision coming down from a judge that there is enough evidence against cosby to move forward with the case. cosby is accused of drugging and sexually assaulting a former university of temple employee back in 2004. it was a dramatic scene we're told by our folks who were inside the courtroom as a graphic statement from the accuser was read alleging sexual assault. the defense said it was consensual and accused her of lying. just a short time ago there was this. >> the point of this, it was intoxicating to her and she was unable to consent. that's the crime.