tv CNN Newsroom With Brooke Baldwin CNN December 30, 2015 11:00am-1:01pm PST
so we, as we monitor the situation there, are going to see what is happening with these individuals. this river still waiting to crest. we will continue to follow this. that's if for me. i'll be back on 5:00 eastern. amanpour is next. f >> this is cnn breaking news. all right, here we go. top of the hour. you're watching cnn in the united states and all around the world at the moment. i'm brooke baldwin. thank you for being with me. today is a big one. we begin with a bomb shell, involving one of america's most famous dads, bill cosby is charged with sexual assault. this is a felony. he is due in court in pennsylvania minutes from now. let me back up. at least 50 women have accused him of allegations ranging from drugging them to sexual assault. but there is huge because it is the very first time the 78-year-old comedian has been charged with a crime.
>> these charges stem from a sexual assault that took place on an evening in early 2004. at mr. cosby's home in montgomery county. mr. cosby is charged with aggravated indecent assault. >> this charge stems from a case involving the very first woman, to publicly accuse bill cosby of sexual wrongdoing. former temple university employee, andrea con stand. he said cosby fondled her inside his mansion. he was not charged back then. there was lack of evidence. but i can say she settled a civil case with him in 2006. but since then dozens of women have come forward, telling their stories, making accusations about his behavior over the course of a four-decade period
and cosby has said multiple times, didn't do it. deny it. he hasn't been charged with a crime but that changes with the news today. i have a lot of people to talk with here. let's kick it off with deborah thayerick plus gene jean casare outside courthouse. deborah, let me turn to you and ask you, in terms of painting this picture outside of this montgomery county, pennsylvania courthouse where i'm sure the media is just, the presence is tremendous. will we have eyes on him? >> we will see what his lawyer decides. whether they will have an arraignment. this is the document, criminal complaint against him, that charges the defendant william henry cosby with this second degree felony. it is the first time and as you say, i this i this woman had no
idea the flood gates she was going to open. this is a case that happened in 2004. so many women came forward since then. but because of the statute of limitations, the district attorney was able to look at this civil case, go through the evidence, go through the testimony and depositions and say, there was cause to not only reinvest gate but to also bring charges saying it was the right thing to do. so had she not pursued this even from a civil perspective, suing him for an undisclosed amount of damages, then these documents wouldn't have been available. the deposition would not have been unsealed. all of this happening this past summer and that's what led to these charges. >> so i'm crystal clear, what was it about this deposition that was publicly released just this past summer that, cosby questioned for four days in 2005, what was this about what he said that made this, this d.a. in montgomery county, pennsylvania, say, aha, i want to reopen it. >> there were a couple of things
including admission he gave women quaaludes intending to have sex with them. he said he never did that without their consent but in the case of andrea, she kept saying, what are you giving me, what are you giving me. but she was so drugged, she couldn't move and that's when the assault took place allegedly. again, cosby denied charges consistently. his lawyers have come out forcefully. he is counter suing several women suing him for defamation. and so, it is sort after circle that just keeps going on and on and you know, quite upsetting. he also talks about some of the things that he did to andrea. so that also raised a red flag. >> tom, just from a defense perspective and highlights, allegedly handing constant pills, encouraging to taste the wine. she began experiencing blurred vision and difficulty speaking. the victim was aware that cosby
was fondling her breasts, his hands down the her pants and penetration. and he is counter suing saying they have damaged their reputation. how would you defend this man? >> this is all deja vu for me. i was michael jackson's lead defense council in his criminal trial. when i got into the case nine months before the trial started, the media was jumping all over him. pointing out he allegedly paid $20 million to settle a case then pointing outs he allegedly paid out $2 million. he said there were all these accusers ready to testify in court. a trial lasting on five months in court, acquitted on every charge, 10 felonies and 5 misdemeanors. and they fell like dominos. so i'm skeptical. this d.a. ran for office on the
platform he would reopen the cosby cases. these are not facts, these are allegations. he gives a press conference and states them like they are facts. they are not. he is presumed innocent until everything is proven beyond a reasonable doubt. and i remember in the michael jackson trial the prosecutors brought in a quote from an interview that michael jackson had given to martin bashir. they thought it would convict him. when they did that, they opened up the interview where i could play tapes where he protested innocence. he said i would never harm a child. i would slit my wrist before i would do that. if they bring in any portions, likely there will be other portions where he said i will never do anything wrong. be careful what you wish for. you may get it. i'm skeptical about a lot of what i'm hearing. >> spencer, we're coming to you. but i have to say, one of cosby's key attorneys is no longer working with him.
would you be interested in taking this case on? >> well i'm a defense lawyer. i think everyone should be accorded the benefit of being innocent until proven guilty. we have a great system of justice. i have no problem defending bill cosby or anyone similarly charged and i'm offended by the politics and the media coverage of a case like this. it makes people targets. it makes people with political ambitions go after others that they normally wouldn't go after. he is presumed innocent. he has not been convicted of any crime. he has the right to defend himself under the constitution and presuming him guilty because all of these people came forward 40 years later is ridiculous. >> spencer, you have patiently been listening to this perspective. i have to get your response to this. you come from a very different place. >> i do, and thank you very much. with all due respect, this is
nothing like the michael jackson case. have you 50 women coming forward. everyone from my client in her 20s to incredibly respected and notable women in their 70s now. you have producers, models. you have very well-respected people that have come over a period of 40 years bringing the same exact charges against mr. cosby. this is not a bunch of children coming forward against a notable popular figure. these are well-respected women that have come forward like my clie thaent want to see him put behind bars. i spoke with my client this morning when she heard of the charges being filed against mr. cosby and she was very happy that they have are now finally going to hopefully bring him to justice and put him behind bars for what he has done. >> what is so different, spencer, about this particular case, as you well know, the statute of limitations. and in pennsylvania for sexual assault, it is 12 years. the window of this window would
close beginning of next year. this is the final sort of deadline. i'm curious on how this result for mr. cosby, how could this potentially effect other cases, including your own potentially? >> my client is probably one of the only other women that is within the window of statute of limitations both from a criminal and civil perspective. so when we brought her to the l.a. district attorney's office, they made us wellware of the the fact they were watching what was going on in philadelphia at the time. now that charges have been brought in philadelphia they will be emboldened to bring charges in los angeles as well on my client's allegations and claims. >> spencer, thank you. tom, thank you. deb, appreciate it. again, we have a correspondent we will talk to any moment now as bill cosby will be arraigned for this felony charge he now faces in this case, this sexual assault case against him, in pennsylvania. meantime, another legal bomb shell.
the affluenza boy and his mom caught. hear what just happened in their fight. plus, first on cnn, president obama getting briefed on a threat to three different u.s. cities involving possible attacks within christmas and new year's. we have those details for you from our justice crew ahead. also, millions under flood risk across the country. pictures here, unreal. specifically looking at missouri where the national bar has been activated and crews are rescuing people that have been trapped by floodwaters rising. i'm brooke baldwin and this is cnn. hey sweetie, it's time. ♪ eye of the tiger
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breaking news here on cnn. i'm brooke baldwin. let me give you a heads-up as far as what we are waiting for. we are waiting to potentially have eyes on bill cosby. as this is the first time he's been involved in any kind of crimes, with a myriad of accusations, going back decades, 40 or 50 women coming forward telling their stories they were sexually assaulted by america's favorite dad and today is the day we should see bill cosby for the very first time ever sort of facing the justice system, with one felony charge, with aggravated indecent assault. second degree felony all based upon the case dating back to 2004. that was closed initially because of lack of sufficient evidence. it was settled civilly two years later but it has been thus reopened based upon what bill cosby said in the deposition then made public just this past summer. i have the a team with me.
i have two attorneys onset with me. i have tom, attorney for michael jackson. i have spencer. and we should hear from one of our producers on the ground outside of the courthouse in this particular township in pennsylvania. tom mesareau, i imagine bill cosby is still shopping for his defense a-team. if you are representing bill cosby today and you know this is the first time facing many, many cameras, walking inside the courtroom, how do you handle it? what guidance do you give? >> basically, you tell your celebrity client to not say a word. go into court. you plead not guilty. and you leave. it's about that simple. you don't let the media deck tate how you behave. you don't make comment that people will likely distort or bad light on you.d use to put a- you basically go in there with dignity. you are presumed innocent. you have not been convicted of
any crime. you address the court with dignity. you or your lawyer pleads not guilty and you leave. >> the fact that this is the first, this is the first criminal charge, this felony he is now facing, the fact as we were just discussing he vehemently denied all of these accusations since the story truly broke, moving forward, if you're advising him, he has not spoken publicly, how would you advise him? >> you know, again, i don't know the fact of the case and i don't know what the evidence is or is not. but i've been in this drill before with michael jackson, with robert blake. and the media pounces on certain things that they can benefit from. they convicted robert blake before he went to trial and he was acquitted. they convicted michael jackson before he went to trial and he was acquitted. and the same thing may happen here. you can't get carried away with the media ground swell.
i have great faith in american juries. i this i when they take that oath they do the best to follow the law. they see here everything, eight hours a day in courtroom, where as the media will focus on sound bites and tidbits here and there that they think will sell on television. you can't worry about the media. you have to worry about 13 people, 12 jurors and a judge. >> i will take that as a member of the media and respond we have offered to speak with mr. cosby several times and get his side of the story. as you well know, he is saying nothing. stand by, if you will. i have paul and gentlemejoey wi. there is so much to talk about, as you have through the day, and the depositions were key for this d.a. in montgomery county, saying, let's take another look at the case. but i'm just curious as far as color inside of this courtroom in 13 minutes from now. who is in there, lay the ground work for me. >> i think we will all be disappointed. it is a pretty simple preceding,
arraignment, starting the process where you are entitled due process. a notice and opportunity to be heard. you have an opportunity to appear, be notified formally of what the charges are against you. ant ear formal plea. have the judge set or not set bail and go home. there is not any fireworks in terms of massive arguments made. opening statements. closing statements. impaneling after jury. it starts the process. it is a judge that presides over the proceedings. prosecutor, of course, has the charges that the level against the defendant, mr. cosby. the defense has the opportunity to digest the charges, or wave public reading of the charges,ant ear plea of not guilty go home or somehow be detained. the judge is in the power to somehow post bail. mr. cosby has ate built to walk out of thereafter posting bail. >> can he just not show up? you know there is a tremendous presence outside the courtroom. >> when you're indicted for a felony, very serious felony like
this one, warrant for your arrest is usually issued by the grand jury. and if you don't show up, that warrant can be used to cause your arrest in the future. however, the d.a. has said he's been in contact with the defense attorneys. so in that situation, usually a voluntary surrender is arranged and i would still expect cosby to show up. if prosecutors have given him a bye for showing up on his own arraignme arraignment, that would be unusual. and that would only be if he couldn't get to pennsylvania when the announcement was made he was under indictment and maybe they will have him come back at a different date. as joey said, the interesting thing, if cosby is in court, what happens with respect to bail. he is obviously a multim illon air. how high will the bail be? in a case like this the bail is usually very high. or has an arrangement or deal been worked out for the defense
attorneys as to what the agreement will be on the amount of bail. and you could see if there's a dispute in court, an argument about the facts of the case on the issue of bail. because one of the issues when a judge is setting bail, is how strong is the case against the defendant because that might affect how much bail the court is going to set in the case. so if there's an argument about bail we might hear something about the facts of the case. otherwise i agree with joey that probably is going to be pretty pro forma and go quickly. >> we have a correspondent who will be inside the courtroom. as soon as we get any information we will get a to you. meantime, gentlemen, stand by. any minute now we will be seeing presumably bill cosby walking inside this courthouse in pennsylvania. again, this is incredibly significant. this is the first criminal charge he has been facing against many, many accusations involving sexual assault over decades. quick break. we're back after this. get beautyrest, posturepedic,r:
againing with breaking news. as we are awaiting to see bill cosby. he will show up for this arraignment today as he is facing the first criminal charge. felony charge. he is facing on the case that dates back more than a decade ago here. so we will watch and wait for that momentarily. meantime breaking news in this so-called affluenza fugitive case, the drunk driving fugitive teen deemed too rich and spoiled for prison is fighting extradition from mexico to the u.s. seeking shelter there. the event for the affluenza teen after throwing some sort of
going away party, hopped a car with his mother, fled to mexico, breaking all the rules for his probation, going to puerto vallarta. this new video from abc news will show ethan and his mother, here you go, at a butcher shop there. just two hours before they're captured by mexican authorities. captured thanks to a traced phone call, to wait for it, dominos pizza. the cousin, one of the four victims, drunk enly plowed by couch two years ago telling a cnn afafiliate saying it is tim for a consequence. >> you can love your children to death but there are consequences for actions. and in this particular situation, four people died. as much as i want him to go to jail for the rest of his life and never see the light of day, his life is going to be far from simple. >> joining me now, i have zeek
unger, bunty hunter and owner of zeek's bail bond. i also have joey and tom here as well. before they were caught, they were sitting at back booth at some hole in the wall restaurant in mexico, staring at an apartment, an lot of tourists. is this the kind of hideout that you as a bunty hunter would search for fugitives? >> people don't disappear, they relocate. when people have a standard of living, usually they keep to that. if they are using cash, or using credit, they will continue to do that and live that lavish lifestyle. and an amazing investigation conducted by the u.s. marshal service fugitive task force and mexican government, didn't take them long it find them. they use electronic surveillance, powers of search warrant on the provisional warrant that was issued and the
end result is they are in custody. >> all right. paul and joey, just talking to someone with experience, u.s. marshal, saying to me and we have given details, this is probably a stop on the run for them potential before he called and wanted his pepperoni pizza. and apparently ethan couch's attorneys have filed a writ of emparo? >> yes. shelter. >> against the immigration authorities in mexico extending proceedings in the country. why are they trying to avoid reality? >> the reality of the whole situation here is that this is going to enormously complicate this case. he has to be extradited now from mexico. >> they are fighting it? >> and this is not an easy thing. you remember the amanda knox case. we talked a lot about could italy get amanda knox back when she was convicted of murder and she came back to the united states. what does the u.s. have to do to
get him and the mother back? they are going to, if they fight it, this thing goes to the attorney general's office. the secretary of state. there's a whole process for it because it's the president of the united states ultimately whose authority issues the extradition warrant. so they will be brought back eventually but it could be a long fight. >> normally, i loathe to make any predecks. he will be back in the united states. we have a treaty with mexico, for extradition. three things are at issue. number one, does the united states have jurisdiction over eej an couch? that the first question. if yes, you're coming back. the second prong, you know, would ultimately be, did you commit an offense? the third prong is, is there probable cause for that offense? if you establish those things, he comes back. slight delay in the process. >> let's move off of that and back it bill cosby. are these live pictures, guys?
oh, my goodness. wow. we thought it would be a circus. you're looking -- we're all looking that for the first time here. law enforcement presence. here is the big truck rolling up. this could be it, i don't know. this is in pennsylvania. watching and waiting to see bill cosby. america's favorite father. for the first time facing, going into this courthouse for this arraignment, facing second degree felony charge with aggravated indecent assault because of an allegation that stems way back, back to 2004. it was initially settled in a civil suit in 2006. at the time, prosecutors said, not enough evidence to file any sort of criminal charges. but that changed because of actually mr. cosby himself. he was questioned for four days in 2005. that deposition was finally made public just this past july. part of what he shared in that that was key according to this
d.a. in pennsylvania. and in leading this crew to take another look. reexamine evidence. and to reinterview some of the same witnesses. so we're all watching this together. i have paul callen and joey jackson with me. i don't even know where to begin. >> the one thing we haven't commented on so far, while we wait for him to get out of the car, is they've done something very unusual in this case. the cosby people. they filed counter suites against all of the claimed victims. >> just this month they did that. >> yes he. and we see now that the fact that he testified in ra civil deposition, a suit over money, is now used to indict him in a criminal case. you have to wonder, why did the attorneys let him testify in that case? why didn't he assert the fifth amendment? now what does he do in his own case against all of those women? will he testify or not? or take the fifth amendment in his own lawsuit? so it is going to be a very complicated case.
>> look at all the members of the media here waiting for that shot of presumably mr. cosby himself getting out of this -- i'm told in my ear, indeed it is his suv. let's watch and wait as we watch for bill cosby himself. i think as we watch for him, let's see some of the question squestions. can't tell you for sure. my only guess is that was bill cosby himself, leading it confirmation -- yes, indeed, it was. there he went. the pressure in one sense is
tremendous as we've been covering this story. what, 50 different women have come forward with different stories of accusations involving some sort of sexual assault against this man spanning some four decades. and back to the key point here, is what he said in that deposition that led this district attorney in this county in pennsylvania to say, hang on a second. let's take another look. let's walk through what he said. >> it is, brooke. we have to remember initially, the initial district attorney, mr. cantor who evaluated the case in 2005 felt there was insufficient efd to move forward based upon what he knew that particular time. now you have the civil deposition where in mr. cosby was deposed. asked questioned under oath. what contact he had. when it occurred. where it occurred. under which circumstances it occurred. and he made damning admissions in that deposition that district attorney is using against him.
>> let's get specific. so in this deposition cosby said, he talked about, he admitted giving women quaaludes. he suggested he was good at picking up on a woman's nonverbal cues that signal a woman's consent. said he restrained from actual sexual intercourse to avoid romance. and that is just some of what i can sort of share on air here. that is part of what, you know, led this current district attorney to, what? explain then the process, paul, of reopening a case. >> you have a 12-year statute of limitations. >> which is about to run up. >> in pennsylvania. and yeah, today. tomorrow, i think it is done. so they today announce this today. the first district attorney when he initially looks at the case didn't have the benefit of the deposition in which cosby said he bought quaaludes specifically for giving them to women that he intended to have sex with. he confirms a sexual
relationship with the woman in this case, with mr. constant and so he corroboration key aspects of the case. cosby's defense will be that this is a consensual relationship and that she he was not comatosed or -- >> for give me for interrupting so we have absolute confirmation, here he is from the other side of this darkened suv, arriving here at this courthouse in pennsylvania. and paul, forgive me, let me pull away from you. i understand spencer is still with us. he is an attorney for another woman making, you know, sexual assault accusations against him as well. and spencer, here he is, after all these women have come forward and again he is denying, you are innocent until proven guilty. seeing this picture, your response? >> well, i can tell that you my client was both happy and teary-eyed to see this finally
come to fruition. she knows what she went through. she knows what he did to her. and to see him finally come to justice is really some sense of peace. now her case is still pending at the l.a. district attorney's office. and the l.a. district attorney has advised us that they are aware of what was going on in pennsylvania. so they were watching it very closely and speaking with the prosecutors there. so we are still hopeful that my client's case, which is one of the only other ones, if not the only other one within the statute of limitations will also be brought. she would like to see him brought to justice both here in l.a. as well as in pennsylvania. >> do me a favor and just remind us of her allegations, what she said happened to her. >> in 2008 she was invited it a private party at the playboy mansion. when she arrived there at the mansion she walked in and was introduced directly to mr. cosby and mr. hefner. mr. cosby asked if she would
like a drink. he went off, got a drink, came back. gave the drink to her. she began having a few sips of it. and within a short period of time she started it feel nauseous, light-headed, dizzy. mr. cosby offered to take her to one of the bedrooms in the mansion. and mr. hefner said, go ahead. they then went off into a bedroom. on her way there she passed out. she doesn't remember anything that point. she blacked out. the next thing she recalls is waking up in a complete state of undress, laying on a bed with mr. cosby over her performing acts that we really just can't talk about on tv. she immediately got up and ran out of the house at that moment. >> spencer, stay with me. tom, famously defending michael jackson -- i was told in my ear, the judge in the courtroom has
been seated. bill cosby is seated. alone. why would that be? when you say alone, no one allowed at the courtroom? >> alone at the defense table. >> i don't know the situation. i'm not involved. when he walked into the courtroom, i saw him with an attorney. i think she's been his attorney for quite a while. monique pressly. i didn't know what the situation is. clearly he has the right to criminal defense council at an arraignment and clearly one will be appointed if he doesn't have one retained. i don't know the situation well enough to comment any further than that. >> just thought it would be worth asking you why. curious. but perhaps not at all. i'm also told the judge is a woman. as i get more information, i will let everyone know. but tom, you represent as a
defense attorney and listening to the allegations of his client, one of a view still in the statute of limitations window, i'm just curious, if you would have any comments for him. >> he knows his case better than i do. but from my point of view, mr. cosby is innocent. money is the issue. that will be an issue in this case too, because the alleged accuser, wanted money, and i believe was paid money. and financial gain can come into cross-examination as a form of bias. in the michael jack soj case, there were people who testified who we claimed wanted money. wanted it use the criminal justice system as a way to get a conviction and walk into civil court and obtain money.
so all i can tell you is from my vantage point, i think this man is absolutely presumed innocent. i question why these women waited 40 years. and all jumped on the band wagon at once. something doesn't smell right to me. they all need to be thoroughly investigated as it why they met him, where they met him, what they wanted, what their behavior was at that time in their lives. with are they using drugs recreationally. have they made accusations like this before. did they make claims? a lot of work needs to be done on every single accuser. i repeat, this man has not been convicted of anything. they are mere allegations. we will see if they stand up. >> spencer, do you want to respond to that? >> again, with all due respect, while he is presumed innocent, obviously in the criminal -- >> oh, we lost him. joey, jump in. >> here is the point. one point that is significant to
be made is we don't know the extent to which other women will be allowed to testify in court against him. now remember this, brooke. cases are about what they're about. what do i mean by that? any evidence that would go to show you have a propensity to commit an offense because you did something to some other woman at some other place and some other time is going to be looked at an evaluate bade judge is called a prior bad act. those bad acts would be excludable if they go to show the propensity. just because you did something last week that was the same as you did today doesn't mean you did this. i think the defense will be looking to limit the extent to which other people who are accusing him can testify. it would really come down to the issue of the prosecution of course will want that testimony. they will say, no, your honor, this goes to a consistent plan, a theme, intent. goes to the commonality of his modis op ran die.
a judge will have to decide whether it is -- >> will there even be cameras allowed. i have so many more questions. tell me he again. okay, forgive me. i'm told, spencer, you are back. this is what happens on television, satellite windows, i know everyone understands. spencer, were you able to listen to tom? >> i did. >> what he was saying, i want it hear your response. >> i did. and again, with all due respect to mr. mesereau, the volume and breadth and accusations brought against mr. cosby is staggering. obviously this number of women coming forward with the same exact claims of being drugged and sexually assaulted, abused, raped and otherwise speaks volumes as to what actually has occurred over this time. you know, and one of the other things that is very important is my client is not one of the people that his attorneys have chosen to sue for defamation.
i think that speaks volumes against cases pending. i think it is important for everyone to understand that while it is correct, and you have a mountain of evidence against a criminal defendant, it does add up. with all due respect also to the prior bad act issue, there is another rule of law, called modmode mode us op ran die and when someone has a pattern of behavior, a signature like mr. cosby has, then that can be used against him in court and all of these victims can come forward and tell their stories. >> as i speak, bill cosby is inside this courthouse in elkins park pennsylvania. this is the first charge brought against him, amid all of the
getting assistance down this walk way here in pennsylvania. as he has already left. he's been in there for gosh, maybe 6, 7, 8 minutes. for this arraignment. still waiting to hear word as far as bail that would be set by the female judge. again, getting color from the courtroom p apparently he was seated at the defense table by himself and he is already amidst a fury of media, law enforcement, barricades here already leaving. bill cosby, in and out. joey jackson. thoughts? that was quick. >> yes, it was. again as we were speaking about brooke, an arraignment is merely that. you're informed of the allegations. you're allowed to enter into the plea. of course not guilty. thereafter the judge makes a determination on bail and then you leave. it is not a forum that you air your case, talk about opening statements, what evidence will show. from the defense what the evidence won't show. so it is not largely
unanticipated that this went how it went. i think we will see pretrial proceedings here, dealing with how the case will be handled and appearances as we go on. it will be more colorful than this. >> let me jump away from you and good straight to gloria allred who is representing 29, not andrea constand, but 29 others. >> this is the best christmas present they have ever received. the allegations in the pennsylvania criminal case against mr. cosby relate it conduct that mr. cosby is alleged to have inflicted on andrea constand in 2004. and is within the statute of limb stations, sol, for prosecution in pennsylvania. unfortunately for most of the women who allege that they are victims of mr. cosby, it is too late for their allegations to be the subject of a criminal prosecution or a civil case
because of the arbitrary and restrictive time limits set by law. we are working in many states to eliminate the statute of limitations or to lengthen the time limit for criminal prosecution of rape and sexual assault. while i do represent 2 9d alleged victims of mr. cosby, i represent only one in a civil lawsuit. my client, judy huff, alleges in her lawsuit that she was 15 years old when mr. cosby victimized her at the playboy mansion. we took mr. cosby's deposition in ms. huff's case in october 2015 in boston. the court has ordered a protective order on that deposition. for that reason we are unable to comment on what mr. cosby said in his deposition in this case. i can say however, that earlier this month, we filed a motion to
compel a second deposition of mr. cosby. our motion was based in part on his refusal to answer certain questions in the october deposition. that motion is filed mr. seal and is scheduled to be heard on february 2, 2016 in department n of the los angeles county superior court. we are also scheduled to return to that court on february 26, 2016 for a status conference and issue of the protective order may be discussed at that time. further our depositions will be taken by mr. cosby's lawyers in 2016 and we have scheduled the deposition of another person in the case for february. it is very significant that the montgomery county district attorney felt that the case against mr. cosby was strong
enough that it could meet the standard of proof in a criminal case. that standard of proof is proof beyond a reasonable doubt. this is a much higher standard of proof that is required in a civil case. in our civil case, on behalf of ms. huff, our burden of proof is much lower. to prevail we need only prove our case bay premond preponderance of evidence. both standards of proof are less than required in a criminal case. i'm very proud of the courage of my client, judy huff, and all of my clients who have chosen to speak out in the court of public opinion and seeking to eliminate the statute of limitations or lengthen it in their states. a bill to eliminate it in california will be introduced in
january and i am supporting that bill and working with the senator, senator leva, who will be introducing it. so many women who allege they are victims of bill cosby have cried out for justice. for so long. in pennsylvania there's now a journey to justice in the felony case filed against mr. cosby. i'm very happy that this day has finally come. mr. cosby deserves a fair trial. but so did andrea constand and the people in the state of pennsylvania. mr. cosby was born in philadelphia. and i was born there as well. he attended central high school. and all boys all academic public high school. i attended girls high, all girls, all ak demming public high school, a few blocks away. he went to temple university in philadelphia. i'm a gradate of the university of pennsylvania in philadelphia.
he came to los angeles in the '60s. i also moved to los angeles in the '60s. our paths never crossed until his deposition in october in boston. but i will now be carefully monitoring the progress of his criminal case. if the prosecutors decides it is relevant and admissible to call any of my client as witnesses in the criminal case, i know that many of my client will be willing to testify. and we look forward to a just result. and before i take questions, so this is a copy of the arrest warrant common wealth of pennsylvania versus william henry cosby. and this is from the criminal docket in that case.
okay, so i'm happy to answer some questions. >> is there anything that was said this the deposition in october that may have tipped the scale to the d.a.? >> the district attorney and law enforcement in philadelphia do not have a copy of our october deposition. because it is a subject of a protective order. so i have not been able to provide it to them and they have not obtained it. had they obtained it, i would know about it and the court would have had to order it and i would have had notice of that.
>> how come only one of the 29 clients have filed civil cases against mr. cosby? >> as i've indicated, for most of my client, the statute of limitations has barred them, prevented them, from proceeding with a civil lawsuit. in other words, it's too late. they could file it, but then mr. cosby, as an affirmative defense, could assert the statute of limitations, the case would be dismissed. so there's no point in filing that which would be dismissed. and there would be no trial. >> even in a civil case? >> there is a statute of limitations in civil cases and there's a statute of limitations in criminal cases. we have 50 states in the united states. there are a variety of statute of limitations.
there are often differing statute of limitations in one state for criminal prosecution and even for a civil lawsuit. different statute of limitations for a civil lawsuit by an adult survivor of child sexual abuse which is what is alleged in our huff case. for for an adult survivor of adult sexual abuse. it's different in every state. in nevada, one of my client and i testified before the nevada state legislature. the bill was amended. it didn't eliminate it but lengthened it. and we were with governor sandoval when he signed it into law p. which we very much appreciated. so a real hero for making sure that she found an author for the bill and then it went through the nevada legislature and now we are doing that in california.
and i believe you will hear more about that next week. >> gloria -- >> and there's also an effort in colorado by one of my clients. two of my client. and i have spoken to the legislator in at meeting and that, i believe, will also be proceeding in colorado. and i know i have clients in other states trying to do the same thing. >> -- we often say and rightly so until today cosby has never been charged with any offenses. because we've been saying that, talk about charges filed against him today, what do you think is the significance of -- [ inaudible ] >> i'm not sure if it is symbolic. it is real. >> i understand that. >> i know you do understand that. but i'm just saying, that i think it is significant.
because this is unprecedented. for so many women who alleged that they are victims of one rich powerful famous man to have spoken out in the 40 years of law practice that i've been engaged in, i've never seen anything like this. and some of them have been very upset that there's never been a criminal prosecution and we're not sure if there ever would be. so i'm very happy that this case has now received new and close scrutiny and the district attorney in his news conference this morning, first assistant district attorney soon to be district attorney, kevin steele, was very clear that in part some
of the evidence looked at was based on his deposition that mr. cosby provided in the andrea constand lawsuit which was released earlier he this yeae t. so i would make two points about that. one is, i am admitted in pennsylvania in the andrea constand case seeking to have the entire deposition released ba because that was just excerpts. the court has now admitted me. federal court there. i don't know whether the entire deposition will be released to the press. i know he some people have it. and now i ne that mr. cosby's lawyers will be saying and some defense lawyers not representing him, but who have taken to the air waves this morning, have indicated, well, mr. cosby never admitted -- well, mr. cosby never admitted giving quaaludes to any woman without her
knowledge and consent. well, that's true. and that because in his deposition he did indicate or admit or state, testify, that he did give quaaludes to some women with the intention of having sex. however, when he was queerried, when he was asked if that was without their knowledge or consent, he did not answer the question because there was an objection by his attorneys to the question. so that's true. i want to say one other thing, this is something i heard also, a defense attorney shall remain unnamed, say on television this morning, which was, well, she filed -- andrea constand filed a civil lawsuit against him, she was seeking money. and so somehow that goes to her credibility. well, it's true that it can be used by the defense, they can
assert there's bias. but it doesn't mean that it didn't happen. that what she alleges didn't happen. because any alleged victim of digital penetration or indecent assault or rape, has the right to file a civil lawsuit. in addition to, speaking with law enforcement and asking that a charge be levelled against the same perpetrator or alleged perpetrator against whom she filed a civil lawsuit or intends to file a civil lawsuit, that happens frequently. so i just had it say that because i know that's going to be a theme, a rallying cry, by many defense attorneys. okay. and i don't represent andrea. that obvious. but i do have a lot of respect for her and her attorney.
>> another theme seems like in people defending cosby -- [ inaudible ] can we talk about that and -- >> yes. i will repeat your question. which is that, well an drdrea waited some months, maybe longer, to make the allegation against mr. cosby. of course we always encourage a person who is an alleged victim of an assault, or rape or any other indecent act, to seek the advice of an attorney first and also go to law enforcement and report. she was within the time limit to do that. if it took months, that's still okay. there is no law that says it needs to be done the very next day or within hours.
i don't know why she waited. i don't criticize her for that. often for many victims and i represent victims every single day, all over this country, often groups of rape victims that i'm representing, she's not alleged to have been raped here, sometimes they really have to process it. they have to think about what just happened. comes to terms with it. seek sometimes the support of family, friends, a counsellor, minister, rabbi, priest, attorneys. so many others. before they make that decision as to, well which option are they going to exercise. what options do they even have. and it can be very intimidating to go up against a celebrity who has an army of attorneys for a civil case he has 700 attorneys.
yes. he has 700 attorneys, and with a deposition with mr. ks by and mr. singer was suddenly not represented him and 700 attorneys represented in and as i said, he hired 700 attorneys to fight one. in any event, there can be many reasons why there is a brief delay in reporting or even a longer delay in reporting. >> based on questions that mr. cosby did not answer in the first deposition, can you comment on his demeanor while he was -- >> no, i can't comment on anything. >> not if he was evasive or anything? >> no. i'm an officer of the court and i have to obey the court and the court does not want comment on
that deposition and unless and until there shearing where in the court decides to lift the protective order. and i don't expect that to happen in january because i know the court want to also not only review the transcript and video, of mr. cosby's deposition. but court also indicated, he wants to review the transcript and deposition of our client's deposition which won't happen until january 29th. so no, i can't comment about any of that. >> how stunned were you about today's actions? did you have any idea this was going to happen? >> no. >> so this was out of the blue? >> well, i was aware there was a criminal investigation. i'll just leave it at that. >> but there have been a lot of criminal investigations. >> that's true. i was aware that there is a
statute of limitations in pennsylvania for the prosecution of a criminal case. and that that statute of limitations required that there be a decision within a short time period. so i knew it would be within a very short timeframe. but i was stunned it happened this morning. >> and if it goes to trial? based on who he is and 700 attorneys and unlimited money, can he ever be prosecuted? >> by the way, those 700, i don't know if any will be representing him in the criminal case in pennsylvania. i don't know who will be representing him there in montgomery county. whether it is anyone from that
law firm or from that law firm, i don't know. i just know from a point of view of the civil case, that's just who is representing him. >> what about the chance of being convicted? in the criminal case? yeah. i really can't comment on that. because i'm not aware of all of the evidence that the district attorney has. but it is clear that district attorney's office believes that there's probable cause it arrest him and that they believe they have evidence to prove guilt beyond a reasonable doubt. that of course is up to the jury. and i never predict what a jury will do. >> gloria, you have been making actions and have been frustrated by the fact of there's never been criminal charges against him -- [ inaudible ] -- because of that, is there a
feeling on your -- [ inaudible ] >> actually, i'm never frustrated. i believe in action. and frustration is a waste of time, as far as i'm concerned, a waste of my energy. but having said that, i know that this is a very, very high profile case. probably it is going to be the highest profile criminal case in this country. at least involving a celebrity. and so you know, i'm glad that this day has come and that in a court of law this matter will be decided. you know, mr. cosby's attorneys at some point seem to have indicated, well, but he's never been charged with a crime. okay now he is charged with a crime.
now he will have his day in court on this. i can't predict. but obviously there would not be a day in court on the criminal case unless the charges were filed. and that's what is happened. the former attorney, bruce caster, did not file way back in 2005 and made statement about why he didn't file. >> you've been listening to gloria allred speak together media. she represents 29 of cosby's alleged victims. not including andrea couldnnsta. which is the reason on the side of your screen you see the black suv carrying mr. cosby himself. we saw mr. cosby walk into the courthouse where he was arraigned and we have sense seen
him exit the cheltonham township police department. he was booked, fingerprint, mug shots. he is now facing felony charge specifically aggravated indecent assault. the first criminal charge he faces amidst all these multiple accusations that have been brought by some 50 different women. jean casarez is with me. jean jean casarez was inside the courtroom. first of all, let's start with color, how did mr. cosby appear as he sat at the defense table? >> he was just looking down. he had a female to his right and male attorney to his left. you know, when he entered, this very small courtroom, very quaint, it appeared as though he couldn't see. and he was walking but being guided very, very carefully by the female that was escorting
him in. and once in, the judge came in and proceedings started immediately. very short. basically the first thing that was said was, that bail had been set at $1 million. with 10% requiring to be met. and the judge said, i am requiring that you give up your passport. at that point, the male attorney already had the passport. so he stood up in court with the passport and literally placed it in the hands of the prosecutor. and then the judge went on with other conditions for bail. that he could make no contact at all with the alleged victim in this. went on that the judge said you've got to sign some forms. and as he signed the forms, it appeared as though the attorney helped him see where to sign the form. then the judge said, do you understand? because she reiterated, you must have no contact with the alleged victim. and he said no contact with --
and that was cosby talking. and she said with the dplan complainant. and mr. cosby very loudly in court said yb, yes, with a big smile on his face. like he was comfortable and an everyday thing. he was here and that it really wasn't affecting him emotionally at all. the judge did say he would continue on to the local police station to continue and is judge said good luck to you, mr. cosby. and mr. cosby said, with a smile on his face, thank you. then he was led out of the courtroom. >> we see him get back into the suv, jean. we saw him head to that police station. got, you know, fingerprint. what is he doing. where is he headed now? >> now he -- she did not say he had to stay within the confines
of the the state of pennsylvania. i did not hear that. but obviously the passport can't travel internationally. he can go to his home. and he has one right in montgomery county right here in pennsylvania. and the next date is preliminarily january 14th at 9:30 in the morning for a preliminary hearing and that is either here or another court. they are routinely continued for another date. because of the preliminary hearing is an important legal procedure here. in the courtroom there were a lot of men in suites lining the back of the courtroom. so afterwards i went up to one, they were very nice, and they are montgomery county investigators. and they didn't say anything, but they are here. they are responsible for reopening this investigation at the forefront being the district attorney, lisa furman of montgomery county pennsylvania, who now has just been elected a judgeship in this county.
but it was those investigators who reopened the investigation this last summer. i know from deloris, the attorney for andrea constand, that they flew up to canada, talking with her for several days as part of this investigation which led to these charges today. >> you are the first ground we've had on the -- you are the first voice we have on the ground there and we heard from gloria allred and she said this is the biggest high profile case, that we have seen under a long, long time. can you just speak to the scene outside of this smallish courthouse in pennsylvania? >> he heard a 4:30 arraignment would become a 2:30 arraignment so it sped up more.
but it is a beautiful quaint area with a very small quaint courthouse. the barricades were up leading bill cosby to come into that courtroom and it is so small that courtroom has a door on to the street. so bill cosby just walked from the street straight into the courtroom. it is different now. no question about it. it is defendant bill cosby now of a criminal action. this has never happened. all of these civil suites, all of the allegations, many people never believed there would ever be a criminal suit because the statute of limitations had run. but his attorney was was notified of this earlier. he turned himself in. even though there was no arrest warrant. he a complied with the court's orders. now anothe process begins in a criminal court. something that has never happened before.
>> gejean casarez, phenomenal reporting. thank you so much. i have, i know, defense attorney tom mesereau is still with us. paul cowellen as well. first, gentlemen to you. the nuts and bolts on this quick arraignment. the judge set bail at $1 million. we know he's began through the police station, fingerprints, mug shot. how much of that $1 million does he need it pay? assuming he is -- >> i think the report was that he has to put down 10% of it. so probably in the range of $100 thousand but he secures it with property worth $900,000 for the bond. that the way it is customarily done. this is an extraordinarily high bail for the level of charge. >> it is. >> and i think what it reflects is his enormous wealth and also the possibility that maybe the judge thought he could -- he was a risk of flight. the fact by wait there was no argument in open court suggests to me that there was a
conference in chambers between the district attorney -- >> over money? >> yes, over how much bail with be. usually there is a fight good it in court, especially when it is this high, there was probably an agreement in chambers that that would be the amount. so no need it argue about it in court. obviously he has enough money to raise the bail. a lot of times people are in jail because they can't raise the bail. >> he was perceive to be a flight risk because he had to surrender his passport. that was prenegotiated as well. you aren't forced to do that if they don't think you will flee. >> arraignment is done. booking. copy of the charge. what's the next legal step? >> the preliminary? first of all, because jean was saying he might be going to the police station. >> he saw. he has began to the police station. he went to the police station. >> she is staying he is out of the police station? >> we saw him. >> so that's done? >> he has been printed already.
>> yeah. >> you start this long process that is going on in pennsylvania. the discovery process. and the lawyers will exchange papers. about what kind of evidence he will be offered in court and the case will be put over. i'm betting a high profile case like this will have a trial in nine months. 9 to 12 months. surprising to me if it was longer than that given the notoriety of this case. >> i'm not sure if there is speedy trial statute in pennsylvania. in some states the defendant can move for speedy trial so they have to bring evidence faster. they may want now 8 months, 9 months to do it. i don't know if pennsylvania is or is not. >> it is a complex case. the thing i wanted to add also, we saw monique pressly by his side in court. she is a new face on the scene. >> mr. singer, one of his lead attorneys, gone. >> right. since she has come into the case which only happened earlier this year it has been a much more aggressive defense.
she has began on television shows and he has filed counter suites against a lot of the alleged victims. so it has been an aggressive strategy. but of course, we have an indictment now but he is still has confidence because she is sitting by his side. >> tom, to you. i don't know how much of the gloria allred news you were listening to, but i saw when she said hang on i want to jot down a note as someone pointed out accurately and he is facing this felony charge that you know it involves this alleged victim that did settle in 2 006, i dont know who she was referring to, but it was said that you can point out the case that this individual perhaps wanted money discrediting maybe some of her own credibility which you know her point was that doesn't mean
that what this woman claims didn't happen. your response to mrs. alred? >> first after all in 2001 mrs. all-red represented a woman in san bernardino, california who claimed mike tyson raped her. i received a call from an arizona lawyer representing tyson who asked me to be california council in that investigation. we gave a report to the d.a. and no charges were filed. a complaint against michael jackson claiming he was an unfit parent, the complaint went nowhere and he was acquitted 14 times, 10 felony answers 4 misdemeanors. in my opinion, mis. allred has never seen a camera she didn't like. >> do we even know is bill cosby still looking around to sort of round out his defense team?
>> i do not know how his defense teams goes but i do know miss pressly, she is great lawyer and he is lucky to have her. but a exactly who they are talking to or what their plan is, i just don't know. >> okay. tom, phillip, paul, stay with us. we have much more. we have to take a quick break. much more after this.
america's favorite father, bill cosby. for the very first time appearing in court because today he was arraigned here. this is in pennsylvania. these are the steps i took amidst the madness of media and lawens forcement and investigators there to see this very moment as he is facing his very first criminal charge involved in an assault case that dates back to 2004. initially it was closed. the d.a. at the time sighting insufficient evidence and it has since been reopened based upon mr. cosby's own words under a deposition that was publicly opened just this past summer. so he was arraigned. bail set at $1 million. we have sense seen him head in this suc leaving this location, where he went to the police department, fingerprinted, mug shot taken, copy of charges and away he guess. not too far though the judge did ask him to surrender his passport. i have mark geragos joining me
now and danny savalos. two top attorneys. gentlemen, we have a lot to talk about. danny, beginning with you. i'm curious, apparently inside this courtroom, mr. cosby did not enter a plea. can you tell me why? >> so this is just a preliminary arraignment. the very first appearance before the where bail is set. going forward, this defendant will next have a preliminary hearing. that is scheduled very, very soon. it has been scheduled and that's the hearing where the common wealth must show, not beyond a reasonable kout doubt, this is not the trial phase but instead a preponderance of tevidence tht number one a crime was committed and number two the person at this table committed the crime. if they do so and most cases are held over for trial this case will be held over for trial. it will leave the district court, mdj as we call it, which is usually a very small building
in the community and migrate up to common pleas court and there it will begin the trial process. and we discussed earlier there is a speedy trial rule in pennsylvania, rule 600, 365 days. >> okay. okay. we were wondering if it was. you're a man of the state so i know you know the law. gloria allred was talking and we know she represents 29 of cosby's alleged victims. and she says this is the biggest celebrity criminal case. i want to say she said the word, ever. i don't know if she couched it in a long, long time. you represented your fair share of celebrity clients. would you agree? >> i think what i've seen happen over the last 20 years is every case i've either had or has been covered by the media gets bigger and bigger. every time i'm involved one, i say, this is the biggest one
i've seen yet. then the next one you're involved in seems to be bigger. i think that the nature of the media and nature of the coverage. here you have sex and celebrity and drugs and crime. that is a perfect storm. this will only enhance the civil case that she filed on behalf of these women. >> given the fact you have been involved in so many high profile cases, how does that change the strategy or in dealing with this optically. you see the media presence. that only gets more massive. how do they thread that needle move willing forward? >> i think one of the things they probably will do, and danny
can probably echo this, i think there's going to be a lot of pretrial skirmishing over the delay in filing. even though there's a 12-year statue of limitation, there are constitutional issues involved in a prosecutor waiting until the last minute to file the case. so trust me, i believe that there will be all kind of pretrial filing delay type motions. maybe even some issues as to whether or not the statute of limitation says even valid because it was amended at one point during the period of time. there's going to be the skirmishes so to speak and one of the things you do is the lawyer in these cases is, depending if you want to damp down the media attention, one of the things you do is continue it until something else comes along to take away the spotlight.
today it is cosby. yesterday the affluenza teen. the day before something else. these things move quickly and it depend on what else is going on out there. >> danny, want to speak it that? >> mark is absolutely right. even cases brought within the statute of limitations can potentially be dismissed for preindictment delay. even within the statute. however, that is exceedingly rare. and you have to show a substantial amount of prejudice to a defendant. but you can sort of see that in this situation where you have a defendant who has been living decades, not preparing a defense, a criminal case, or anticipating a criminal case against him. now all of a sudden has to prepare for the criminal case against him. although it could be fairly said he was aware that people were accusing him in the past. so it is a complicated issue. all he has to do is keep out the prior bad acts and that means the other accusers. >> go ahead, mark. >> right.
what i was going to say is if you remember during the specter case, when phil spector was charged with murder here in california, one of the things they did in phil spector's case is they had a parade of women come on the stand who talked about guns and threats and things like that. normally you would say, that's just character assassination and basically it is. but the prosecutors have gotten statutes passed in most jurisdictions, and pennsylvania is one of them, where they can bring in the other acts of evidence under the guise of a scheme and there will be massive fighting going on about that in pretrial delay. speaking to what danny says, one of the other issues, prosecution will say, look, he knew this accusation was coming. he litigated this in the civil court. there were depositions. there was all kind of chances for him to preserve testimony. so prejudice, as danny said, is a very high bar here. but trust me they will raise the
issue. i will give you a preview. that and the other crimes type evidence or modis app ren die. >> thank you so much. appreciate it. well get back it thto this brea story in a moment. but two other breaking stories. first of all, mayor of chicago, sweeping new changes to how his police force reacts to scenes, after the death of a college student and a grandmother. and, the affluenza teenager and his mother. hear what marshals heard about their fight not to come home and stay in mexico. announcer: it's time to make room
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bottom of the hour. you're watching cnn. brooke baldwin. the mayor of chicago is talking about what his office has as major overall. ron emmanuel talks about the battle of the police force can change policy by policy. >> today i want to announce some additional steps we are talking to provide the safety that every resident deserves. and ree build the trust our officers need to redo their job safely and effectively. our goal is to make you're our city ensures the safety of everyone involved. to do that we must ensure our officers have the right tactics. the right training. and the right technology to resolve tense situations safely and security.
and this is about helping them realize the multitude of responses that are available in tense situations. as one sergeant in the 15 j district said to both superintendent and myself, there's a difference between whether someone can use a gun and when they should use a gun. and we as a city must train for that difference. these changes are also not the first steps we have taken as a city. we announce that any officer involved in shootings will be put on desk duty for 30 days so we can assess their fitness for duty, that's a change from three days. and superintendent, and acting head of independent review authority, to review policies in place so we can see what needs improvement and what needs to be changed. today we're taking a additional steps to create more time and
distance in these situations and other encounters to make environments safe and safer for all. >> we will improve communication between officers and individuals to make these encounters less confrontational and more conversational. and we will double the number of tasers to 1400 while also providing officers in training to use them properly. i especially want to thank the members of the black and hispanic caucus in leadership and pushing for more tasers p. with the right policies, the right procedures, and the right practices, we can change our officers perspectives to help them ensure their own safety and the safety of others. we want to ensure our officers are not just operating in either first gear or fifth gear. but to recognize the degrees in between so they can respond to permanently to each individual situation. where force can be the last option, not the first choice. >> rahm emanuel talking there.
criti critics protesting outside of the mayor's home. the mayor cut short his holiday vacation to cuba to address the mounting outrage in his city and quite specifically against him. his news conference today is the first time the mayor is speaking publicly since chicago police shot and killed these two people, just the day after christmas, betty jones, 55-year-old grandmother and community activist, who police officials admit was killed by accident. and quinntonio la grier, a student at northern university. now lynn sweet, washington bureau sun times. thank you for taking the time with when today.
chicago is front and center on our minds. lynn, to you, you have covered chicago for years and years and years and just listening to the mayor, knowing he is coming back from vacation and announcing what he has from 780 officers up to 1400 will have tasers focussing on deescalation tactics. what do you see in all of this. >> all of these critics should say should have been happening any way. this is tragedy what happened last weekend. just in november we learned about the execution style police shooting of a 16-year-old who was found with 17 bullets pumped into him. so the taser issue has been a big one in chicago. and rahm emanuel will get 700 more. also in the press conference he talked about how he is going it look for best practices in other cities. portland. and cleveland for example, where
we just raised the question, why haven't best practices been known and implemented without waiting for these tragedies to happen. >> right. right. i want to get to that with you, tom, here in just a second. but representative ford, i ne that you have filed this house bill that would allow chicago voters to recall the mayor from office. and in listening to mayor rahm emanuel, has anything he said changed your mind or do you agree with the questions that lynn raises? >> well, lynn sweet understands chicago. i'm very happy that she led off, baldin, because she hit the nail on the head. it is true. i mean, we can't forget why we're here with the reforms that the mayor is speaking of. we're here because of laquan mcdonald and all of the people skilled before him. and so the mayor can't -- the people are not going to forget there was a cover-up.
people won't forget there is $531 million paid out over last ten years for police misconduct. and as lynn sweet said, you know, we -- this is what we should have been doing a long time ago. and i didn't hear anything from the mayor about consequences for misconduct. he should have had a press conference with the state's attorney and he should have said that we're going it treat police like citizens. if you break the law, then we're going to prosecute you. >> tom? form are new york police detective. and hearing all of this. you know, listen, you hear both of them and you think, valid questions. you hear the mayor of a major city, talking about best practices and deescalation, but for give me, that sounds like a "no duh" in a sense. do you think this a little too late and at the same time, even in new york, not everyone has tasers. >> this is your classic closing the barn door after the horses
have already come home situation. not unusual for a mayor to throw cops under the bus. not that we were a big fan of him under the nypd when he was here, but he was doing a fairly good job there. but you want the practices in place to overt a tragedy like this. the fact this young man and woman were killed is tragedy. sure, the police don't feel good about it. the fact that young man came down the stairs with a baseball bat gives the officers the right to resort to some level of force that will need to exceed that force. so outfitting officers with tasers a great idea. why that wasn't done in chicago and as well as new york is a dollar and cents issue. penny wise and dollar foolish. they don't want to spend the officers many times to outfit
them with tools they have in modern day policing to give them a another option. the officers could have confronted with the situation if they have to evaluate and take some sort of action with a matter of a millisecond. their safety is paramount and they have to protect themselves. if someone comes at me with a baseball bat, do i have to sit there and think, should i go for my mace or my -- so i will use my force which is my firearm. >> you talk about la greer and his father was on with me yesterday. and you feel for him. i have to go but i appreciate all of you. we will stay on chicago. this is extraordinary important. thank you. i have just been told that we now have bill cosby's mug shot.
so gis, throw that up on the screen. and here you go. jean casarez is up live with us. she is the correspondent inside the courtroom in pennsylvania for mr. cosby's arraignment a short time ago. jean casarez, talk to me. tell me more about what you saw today. >> you know, we were sitting in this small room right behind me and very, very small. this is the courthouse right behind me. you can see what it is. very quaint. very small. a police officer stuck his head into the door right there because that gez straight into the courtroom. and he said, in a minute. so right after that. bill cosby walks into the courtroom with a female companion by his side. seemingly guiding him. it appeared as though he couldn't see. and he is walking and making his way to the defense table. he sits down and i would say it
was within 2 minutes that the magistrate judge, walks in, sits down and he now has a male defense attorney to his left side, and she says, good afternoon, mr. cosby. the main posimportance here. she apprised him of the charges. she went through the different theories with different counts, meaning that he impaired his victim. he rendered her unconscious or unaware and that he did not allow her to not consent. she wasn't able to consent to a sexual assault. he listened. there was no comment. no registering as far as emotion. but then the judge went into your bail has been set at $1 million. 10% you have to pay. here are the conditions. you must turn over your passport. at that point, the male attorney stood up, he already had it, and he said, your honor we've got the pass prt rigport right here. and the attorney put it in the hands of the prosecutor sittin a the the prosecuting table.
then after that, she said, mr. cosby, you must have no contact with your complainant or alleged victim in this case. and at one point he had to sign papers. and the papers were brought to him on the conditions of the bail and she reiterated, you must have no contact with your complainant. and he said, no contact with -- and those were the first words we heard he spoke. she said no constant with your alleged victim. okay. then she said, if you do anything and not in compliance with this bail, it could be revoked. do you understand? and she was very nice. and he said, yes, your honor. with a smile on his face. and then the preliminary hearing set for january 14th. and that was basically it. and she said, the judge said, mr. cosby, good luck. and he said, thank you. and they stood up and he walked right out the door of this
courthouse. >> very first criminal charge he has faced amid all these different accusations. 50 or so that have come forward. gene jean casarez seeing it with her own eyes. and putting you on the spot from the police perspective, we saw the pictures of mr. cosby leaving this small quaint courthouse headed in his black suv down the road to this police department where we know, obviously, saw his mug shot. there you good. fingerprints. what else happens typically? i don't care if you're bill cosby or anyone off the street. after an arraignment, what's the process? >> he is released now. he posted bail. he has been released. he will show up at the initial court hearing, when they have that scheduled in january. so yeah, he is free to go just like anybody else would be. thankfully pennsylvania has a statute of limitations that last so long and in a lot of states you don't have it lasting as long. >> you mean for sexual assault.
>> yeah. sexual assault cases. and different states vary. so in pennsylvania, this case happenes to be 12 years which thankfully is a victim. she gets to have her day in court. and to prove out these allegations. >> inside though, having you know, worked in new york and i'm sure have you seen your fair share of folks come through police stations. i would imagine these police officers would have heads-up. bill cosby is coming through. do they clear other people out. make sure it is expedited? how would that go? >> i'm sure this situation is handled in way to get him in, processed and get him out. clearly they knew it would be a media circus out there. >> helicopters, on the ground, you name it. >> so they want to get him in. for the sake of because he who he. some people say that's not special treatment. but in a small town like this, this is probably the biggest event that town has ever had. it is not new york or los angeles or chicago where this
happens regularly in high profile cases. they want to get him in, get him processed. do everything by the book and by the law. get him printed. set bail. get him out. if he is free to go and they took away his passport, he is clearly an flight risk. from there probably back it lto angeles to his home. sit down with his lawyers and plan. >> thank you so much. >> you're welcome. any time. >> next here, the wealthy teenager wap tocaptured while o run is fighting extradition to come back to the united states. we will find out exactly what is next for this young man, ethan couch, and his mother. you both have a perfect driving record. >>perfect. no tickets. no accidents... >>that is until one of you clips a food truck, ruining your perfect record. >>yup... now, you would think your insurance company would cut you some slack, right? >>no. your insurance rates go through the roof.
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all right. he killed four people in a drunk driving crash and did not go to prison. and he's now refusing to leave mexico. his attorney's just filing this request to extend his legal shelter there and fight his extradition to the united states. and talking about ethan couch sparking outrage again after he was deemed too rich and too spoiled to serve time behind bars. apparently not knowing right from wrong because he's had some money. so instead he skipped town with his mother, fled to mexico's resort town where he's now apparently refusing to leave. just a short time ago u.s. marshals talked about the extradition stall. >> it's our understanding that ethan couch and his mother have
retained council in mexico and have filed an amparto, loose translation is a protection. closest thing we have here in america to that is a writ of habeas corpus. it's a legal maneuver in mexico that allows certain protections to individuals that have been accused of wrongdoing in mexico. and the only -- the reason for that is it takes the decision out of a lower level immigration agent's hands and asks that a higher authority make the decision to deport them. so at this point an immigration agent we contacted and gave the address to did what we call an encounter with them. they were asked if they were mexican citizens, of course they were not. of course they were asked if they had proper documentation, they did not. at that time they were taken into immigration kusty. and investigation after that revealed in the minds of the immigration agents that did the investigation they were subject to deportation and made that
decision. and that's what got the ball rolling. upon hiring council that was filed and now it's up to an immigration court to decide if the immigration agent's decision was correct and has merit. and at that point we anticipate the deportation continuing. at this time we do not have a timeframe. we do not know if the mexicans have the highest priority on this case like we do here in america. it's on their time schedule. we've seen these things happen as quickly as two weeks to months. and it depends on the court system down there. and it also depends on the fact that the couches have legal council. and it seems to me if they wanted to they could pay them as much money if they want to to drag this thing out as long as they want to. we're hopeful that's not the case. we're hopeful the mexican immigration court will make a quick and decisive decision and return the couches to america. >> owner of little zeke's bail
bonds, arrested more than 4,000 fugitives in his 30-plus years of bounty hunting. also with us retired chief deputy u.s. marshal former member of the u.s. marshals special operation group. gentlemen, thank you, thank you. zeke, first to you. i understand, you know, we know mom and son are fighting extradition. but you're saying a couple days in mexican jail and they're going to be begging to come home, yes? >> absolutely. third world country jail is not for anyone including people who live such a lavish lifestyle. i give it a couple days and they're going to be screaming to come home. fighting extradition they've been very ill-advised. they need to come back here and face the music. i can tell you that they're not going to do well down there. and we're going to see them coming back before you know it. they will absolutely be deported. we've worked a lot of cases down there. and extradition has always been granted. >> mr. fog, i suppose file this
under whatnot to do if you are running from the law, use your cell phone. and especially don't use your cell phone to dial up domino's for some pizza which is appar t apparently precisely what this young man did and he got caught. so that said, in your experience, you know, with cases like these and searching for folks, i mean, do you think that they were hiding out in this resort town for an infinite period of time, or was this just a stop on the fugitive journey? >> i think they thought they get into mexico they were okay. i don't think they thought that our electronic surveillance would necessarily -- we would go to the level of tracking them there like we would in the united states and i think they were in for a great surprise. but, yeah, they were probably right. they looked like they were comfortable. the guy dyed his hair. they seemed like they were relaxing pretty much. and they didn't roll their eyes. again, when they use that cell phone without electronic surveillance to satellites we can track you all over the world. and they found out the hard way that we could.
and once we got ahold of the mexican authorities they were right on it. so we have a good relationship as your other guest said. we've pulled a lot of people out of mexico and brought them back to the united states. and i can guarantee you even on this extradition hearing that the u.s. will prevail on this and they both will be brought back to the united states. >> zeke, you've worked with these different marshals teams. you know how this works. what's the next step here after -- let's assume that the fight will be short lived on extradition? >> i think the i.c.e. team will get involved, that's the immigration and custom enforcement bureau. they'll be deported. i.c.e. will take control of the bodies, bring them back to the united states, the u.s. marshals will take the bodies from there. and they'll wait to be heard. i think running to mexico is not an option anymore for fugitives. i think that the u.s. marshals service is amazing in what they do. and they're constantly bringing
fugitives back from mexico and other parts of the world. and i think that it is more difficult than ever now to hide anywhere. >> matthew, final thoughts from you. 60 seconds. >> most likely. it could be our special operations group because our team went down and brought back -- went to panama and brought emanuel back here and a lot of high profile and these people are now considered high profile fugitives. but definitely it won't be long they'll be extradited back into the united states. >> zeke unger, matthew fog, thank you so much. appreciate you. >> thank you. coming up next, much more on the story of the day here, breaking news bill cosby was arraigned moments ago charged with this felony charge of sexual assault. here is his mugshot. hear what happened inside court and at the police station.
thank you, brooke baldwin. from america's dad to sex assault suspect, "the lead" starts right now. breaking news, bill cosby facing charges of sexual assault, something 40 years in the making for so many women who never had their day in court. raging river, storms killing dozens. millions trying to escape as historic flooding pushes water over levees and to the rooftops in the midwest. terror alert. one city completely canceling new year's celebrations as three major cities here in the u.s. beef up security to keep you safe as you sip that champagne at midnight. welcome to "the lead." i'm jim sciutto in again today for jake tapper. we begin today with breaking news. here is bill cosby's mugshot. the man once known as america's