Out a gun and as you can see opening fire on the street. People running as he did. Cnn does not know who provided either of these surveillance videos. First, lets go to ian lee, our reporter on the ground in israel. What is the latest youre hearing there . Reporter were watching these videos and really this is what the police are watching as well. Looking to see what clues they can get about this gunman. Which direction he ran off to and which will give him a clue as to where he could possibly be going. A quite bizarre footage, that cctv video in the supermarket, looking at produce, picking it up, putting it back, before putting his bag on those shopping carts and shooting up the pub, the sidewalk, killing those people, then running away. But leaving that bag, too. That will be another clue for authorities as they search for him right now. But it is shabbat here in israel, and security is going to be ramped up around tel aviv. Not only for looking for the suspect but also in case this was a terrorist attack. Right now they dont know. If it was, they want to secure places of worship as well, jim. Ian lee, live from jerusalem. I want to talk to mickey rosenfeld, National Spokesman for Israeli Police. Hes on the phone with us right now. Is there any information right now as to whether this was a criminal or terrorist incident . At this moment in time they are investigating, trying to determine whether it is a terror attack or criminalrelated incident. Its not clear yet. Its not clear yet. Its due to the fact were looking at evidence and looking at cctv footage from a number of different angles, different areas. Our main emphasis at the moment is to continue searching different undercover units, counterterrorism units, in the area of about two miles of trying to find that specific individual who fled the scene. As you look at these two videos that have come out, of course, the first thing i look at is what kind of skill does the shooter show . And i know its early and these videos just coming forward the way he takes that weapon, does that indicate to you, training, an amateur . Can you tell anything from these videos at this point . Obviously a lot can be learned. Were not going to go into the psychology and the operational perspective there. The importance of being at this moment in time, just three hours after the incident took place, we have confirmed in tel aviv is we have two israelis dead. We have three people injured moderately. There is suspect still on the loose and, therefore, Security Operations are continuing in the tel aviv area. Extra roadblocks set up around the tel aviv area and in the city of tel aviv. Taking into consideration the sa bath has already come. Were talking about hundreds of people that make their ways to different synagogues and, therefore, secure those areas. We wouldnt want to have a second incident anyplace in tel aviv. Therefore, the operations are continuing relatively intensely. Final question. I understand there was a magazine left at the scene, as in a weapon magazine, that might show this was an unusual kind of automatic weapon to be found in israel. Any information on that . I cant confirm that. What i can confirm is an automatic weapon was used. Over 15 shots were fired and sprayed a number of different directions, people in the pub as well as on the sidewalk. A Major Incident as far as were concerned. Were watching right now to find exactly who the suspect is and to clearly confirm what the background is of that incident. Understood. We know its early. Well continue to check in with you. We appreciate your time. Megan robertson is a senior producer with the huffington post. Shes been at the scene of the shooting in tel aviv. She joins us by telephone as well. Can you tell us whats happenng there right now in terms of police presence, and particularly the manhunt thats under way . The street is quiet, multiple ambulances and its starting to rain. Police cars up and down the street. Its taped off. I can tell you about the scene of the shooting as it happened. I was in the store, about five stores up north of where the shooting occurred. We heard multiple rounds of gunshots and people pulled over their cars. This is something id never seen before. Usually in the united states. But lept out of their cars. One man with a handgun to pursue the individual who did this. So, it was a lot of israelis and people here in tel aviv running towards the scene as other people got away from it. So, it was a bit of a confusing scene when it happened. It must have been. Remind me, in israel, do many people are many people allowed to carry weapons like that, personal weapons . That im not sure. Im not israeli. Im from new york. Im here on vacation. But my friend said many people have been trained and have military backgrounds that they may have a weapon with them or trained to use it. The gentleman i saw may have been Law Enforcement who was off duty. I did speak to a number of witnesses, she spoke to channel 2 in israel and also to me, he described how she and seven other people hid in a storage closet in the basement of a bar next year. One woman said she heard gunshots and immediately thought of terrorists. She realized it was a shooting. It was a terrifying scene but people were raem really coming together on the streets afterwards and helping each other. These scenes have become so familiar, havent they, in paris, tel aviv, san bernardino. Tell us about your own experience of it. My experience was, i was just in a store down the street. We had a very chatty store owner and thank god he talked to us for a really long time because we were ready to head up to that part of the street, possibly to grab a drink. Who knows, if he hadnt spoke to us for so long, we may have been there. Tensions are high. Israelis ive spoken to are still a bit on edge, days after a stabbing attack happened at the gaffa gate in jerusalem, so people are on edge. This will continue to feed that fire. No question. That feeling of being on edge is not confined to israel by any means. Megan robertson, thanks for giving us your eyewitness account. I want to bring in karen greenberg, director of center of International Communication at fordham law. Looking at this open question now, as you heard from Israeli Police about whether this is criminal or a terrorist incident, but as you look at the m. O. , seemingly a random act of violence there. Someone has an automatic weapon and they open fire on a street, what does that pattern tell you . Well, i think your question is excellent, which is where is the line now in todays world between the criminal and the terrorists. Terrorism, which is normally associated with some political agenda, is also about terrorizing civilians. Making civilians afraid to go out into any kind of public space. Thats what youre seeing in tel aviv and what youve seen around the world in terms of threats and attacks on train stations, on public ven use like we saw in paris. I think the distinction is getting smaller. If this fits that description although this is in tel aviv, as you know in israel where a terrorist narrative, the islamist terrorist narrative has its base. Its hard to think of it separate from its terrorism. Listen, even if its not politically motivated terrorism, its a form of terrorism to shoot people in a public place. Exactly. This has become, in effect, the new m. O. You know, for terrorist groups. Im not assigning explanation to the tel aviv shooting but when you think of san bernardino, when you think of paris and elsewhere, it is soft targets, is it not . Make people afraid to go to public spaces. In munich we had this scare around train stations. Thats a difficult thing to guard against, is it not . In effect, everything is a soft target. Well, yes and no. The one thing Law Enforcement has been good over this new years is one day in the year when all of the world is involved as a potential target, one thing Law Enforcement has to do is twish between that which is truly threatening and that which isnt. You saw a variety of responses across the globe, all of which somewhat wise and using somewhat good judgment. For example, in france, in paris, where they canceled the fireworks and yet thousands and thousands of people amassed on the champ, which is the most iconic place in paris. Theres a sense terrorism is something civilians are getting used to, but theres been a lot of trust in Law Enforcement across the globe. Thats worth pointing out. Its a new phase in terms of understanding what terrorism is. No question. And thats an important showing. I like you get questions all the time from friends and family when i was covering the attacks in paris. I felt like i got a dozen calls saying, should i go there . We have plans to go there. I had similar questions about new york. This is a difficult judgment for members of the public, right . Where do i go, where do i not go, but also in terms terms of the way Public Officials communicate risks as well. I wonder if you think theyre getting it right . Theyre getting it more right than in the past. Look at new york city. New york city, a target to everybodys mind in terms of a terrorist, terrorist wannabe. As mayor bloomberg once said, every terrorist has a map of the new york city subway in his pocket. Look at how new york city cops handled times square. They had a Million People there, who im sure whose parents and friends were saying, you better be careful, but they trust in the officials to keep them safe. There were not a lot of mediadriven threat scenarios in terms of, be careful here, be careful there. I think the medias part of this as well in finally turning away from sort of fearmongering of the past towards, were going to handle this, were going to live with it. You should be vigilant, cautious. Yes, you should live your lives. Thats whats happening in real time now. No question. I speak to counterterror officials all the time. No one has told me to tell people not to go somewhere. In fact, very much the opposite throughout the celebrations, christmas as well. They said, enjoy yourselves. This is our job, in effect, to keep you safe. Karen greenberg, appreciate you taking the time. Happy new year to you. There is new information this morning in the indication against Baltimore Police officers. Did freddie gray have a previous back injury . Prosecutors hid that information from the defense . Well discuss. Plus, a judge ruling that bill cosbys wife will have to testify in the Sexual Assault case against him. Hear why their private conversations are not privileged. Breaking right now, witnesses report that the skyscraper hotel is still on fire. One day after the inferno started. These are live pictures from dubai. Well have details ahead. If a denture were to be put under a microscope, we can see all the bacteria that still exists. Polidents unique micro clean formula works in just 3 minutes, killing 99. 99 of odor causing bacteria. For a cleaner, fresher, brighter denture every day. After a dvt blood clot. Mind when i got out of the hospital what about my family . My lil buddy . And what if this happened again . I was given warfarin in the hospital but i wondered if this was the right treatment for me. Then my doctor told me about eliquis. Eliquis treats dvt and pe blood clots and reduces the risk of them happening again. 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There are new details this morning in the death of freddie gray in baltimore. It could undermine the prosecution of Police Officers charged in grays death last april. The news, gray suffered a spinal cord injury, as you know, and later died. Now Police Report says gray may have preefl hurt his back but prosecutors kept that information from defense attorneys. Our Miguel Marquez has the latest. Do we know how serious this previous back injury was . Thats the very big question, if it was an injury at all. Its curious how this came out. Defense attorneys filed documents saying they want access to all of grays medical records because on march 31st last year, a few weeks before he was arrested, an officer says mr. Gray was giving them information about a robbery and complained that he had hurt his back or that his back hurt. On april 12th he was arrested. On april 19th mr. Gray died. And only on may 1st did that same officer say with all the press about freddie gray his memory was jogged, and he filed this unsolicited report that they remember him complaining about a bad back. Defense lawyers say this is their aha moment, the prosecution didnt turn this over and we should have access to all medical records. The judges denied that in the porter case, for instance. We will find out whether or not he will allow it in this case. Dwrchg defense lawyers have asked for all of his incarceration records because they heard some anonymous tip that mr. Gray may have tried to harm himself while in Police Lockup in baltimores central corrections facility. All of that the judge has to decide on the state, saying they shouldnt have anything, its all irrelevant. Even if he did have a bad back, it was his neck and a Blunt Force Trauma that killed mr. Gray so none of this should be rel vablt evant. We should decide on this this coming thursday and the trial of officer goodson is set to begin on the 11th. Understand. Good analysis on this. Thank you. Lets get some legal analysis with trial attorney. So Police Van Driver goodson will go on trial january 11th. First of all, miguel raises a point. Does it have any effect on the relevance of this, the fact the Police Officer wrote this report after the fact, after he did and after the riots . Well, its a curious bit of timing that this only this this report would have been authored after the officers memory was jogged. And not at a time con te contemporaneous. It opens up this other issue about freddie being a police informant, that hes providing information about other robberies. It does really send us down this other inquiry about what was his relationship . The whole problem when were talking about this legal ruling is here we are, the judge is a gatekeeper designed to make sure that only relevant information gets in front of that jury. At this point where the central issue in the case is how did freddie gray become injured, fatally injured, anything that tends to thats at all relevant to that inquiry should be in the hands of the defense otherwise you risk doing a trial twice. Its a ripe appellate issue if they dont turn that info over. There are especially two questions here. One is what is the actual relevance and weight of this information . For instance, my back hurts sometimes. Doesnt mean, for instance, im going to break my neck. On the flipside, i imagine by withholding something, in a way you make it a bigger deal than it was, right . Whats your view . Its actually a very huge deal. The defense should be allowed to see any potential information that could help their client because in our justice system, the defense has had should have rights to everything. If this young man had any type of back issues, any type of medical issues, they should be given that information. Now, the judge can rule that that information cannot be given in front of a jury, cannot be presented. If it appears that the prosecution is hiding this information or keeping it from the defense, thats a problem. Just like what darren just said. They do not want to try this case again if theres a convictions. If they dont give up that information and provide it to the defense, theyre asking for this case to be retried because thats clearly a case of ethical rules and they should give that information to the defense. Whether used or not, thats used in front of the judge and the judges decision. We already have a hung jury. Stand by because were going to talk bill cosby in a moment. Were getting word that a driver tried ramming his car into a group of french soldiers who were guarding a mosque in france. Police say the soldiers then open fire on that car, wounding the driver. No details on his condition at this moment. Also no clearance as to what this driver was trying to do. A soldier and person passing by were also hurt in this. Well give you updates as we get them. Lets go to live pictures from dubai. This is the Hotel Skyscraper that was burning. Youll remember last night on new years eve and 24 hours later, it is still smoerlding, still smoking into the sky night there. Pieces of the building are reportedly passing to the ground. Are we getting the whole story here . More on our breaking news. A gunman opens fire near a pub in tel aviv israel. At least two people are dead. A manhunt is now under way. Stay with us. What super poligrip does for me is it keeps the food out. 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New this morning, smoke still billowing out of the dubai hotel engulfed in flames on new years eve. Officials still trying to find out what caused the massive blaze. Sources tell cnn when curtains caught fire on one floor. At least 16 people received medical treatment, but amazingly, no one was seriously hurt. Hear what one person said who was trapped inside that burning building. I prayed, if this is my last chance, then so be it. Glenn is a fire safety expert at jon jay college of criminal justice. Joining us on the phone. Its good to have you here. One thing that struck us, as we watched this fire, particularly as it was under way last night, is the idea, and this is early indications. Ive spoken to dubai officials. Theyre trying to determine definitively what caused this fire, but early on they say that they believe it could have been a curtain in one of those rooms lit up and then led to the rest of the fire. I looked at how quickly that fire spread on the exterior of the building. Im no expert but that seems surprising that that would be the cause. Youre an expert. What do you think as you look at this . Thanks for having me, jim. When we saw the initial fire yesterday, the first thing that came to mind, particularly folks in fire service, was the exterior cladding or the surface of the material on the outside of the building with that large, you know, vine of fire we saw, it pretty much points to that being at the source of the issue here. As far as why the fire spread so quickly up the outside of the building. What are we talking about here . Were talking about something on the surface of the windows outside . Actually not the surface of the windows but the surface itself. Basically, particularly in dubai, studies were made of many of the buildings there and they use a system of acolumn numb with a component of plastic, basically. That, of course, is what the fuel was yesterday that we saw. As a matter of fact, the estimate was that 70 of the buildings a few years ago had a similar type of aluminum composite surface material. We dont know if thats exactly what was here but everything points to plastic as part of this again, this Exterior Service of being the culprit of why the fire spread so quickly. Thats interesting. I know youre not saying this definitively, but that would explain a lot of things because they say, dubai authorities, that the fire was on the exterior of the building. Not only on the inside. And it really spread quickly. Like there was something flammable on the outside fueling this. Yes. There were reports, i saw, online that people mentioned they smelled a lot of burning plastic, which, again, would be consistent with that. Dubai has had a few fires. One, ironically, recently the building called the torch, another a few years ago, a similar situation. So, its something the Dubai Government has to take a much more aggressive approach to deal with, particularly ones that are there. If you say 70 of the buildings have similar cladding. Its early in the investigation, that would certainly be something to be addressed. Glenn corbett, fascinating information. Thank you for coming on. Thank you, jim. Back to our breaking news right now. Right now israeli authorities are trying to figure out the nature of a deadly attack in tel av aviv. Surveillance video shows the horrifying video under way. The gunman open fire just outside a pub in tel aviv. Two people killed, four people seriously injured. A manhunt is now under way for the shooter. He got away. Theyre still looking for him. A question right now is, was this a random act of Violent Crime . Was it criminal or was it an act of terrorism . Cnns ian lee in jerusalem with the latest. Authorities just dont know yet, do they . Reporter thats right, jim. Thats one of the two really Big Questions right now that theyre looking into, is where is this gunman . Who is this gunman . Also, was this a terrorist attack or was this criminal . And really this investigation hinges on determining if it was a terrorist attack or criminal, the police will then go about their investigation in different directions. But theyre looking at this amateur video of the cctv video of what happens. You can see before the attack took place, there is a the gunman is in a supermarket looking at produce. He gathers some, puts it back. Goes on and off screen. Then eventually puts his bag down on some shopping carts at the entrance. He pulls out the gun. He starts shooting everyone in this pub on the sidewalk, takes off running but he leaves that bag behind. Thats going to be helpful for authorities as they investigate it. Trying to get any clues off this bag to determine what the cause what the motive behind this attack is. Right now, police are telling residents in tel aviv to go about their normal lives. To be extra alert. But really we have this massive manhunt under way, looking for this gunman, trying to capture him before he either escapes or Something Else happens, jim. Reports as well he left a munition magazine behind as well. A key clue. Thank you for joining us. There is mounting trouble in chicago. Newly released email shows the Mayors Office and investigators coordinated their response to the deadly shooting of the teenager Laquan Mcdonald. Up next, details on what those emails reveal. Plus, bill cosbys wife may have to testify against her husband next week. This as cosby breaks his silence. First details on his first Public Comments since being arrested for Sexual Assault. cell phone rings where are you . Well the squirrels are back in the attic. Mom . Your dad wont call an exterminator. Can i call you back, mom . He says its personal this time. If youre a mom, you call at the worst time. Its what you do. If you want to save fifteen percent or more on Car Insurance, you switch to geico. Its what you do. Where are you . Its very loud there. Are you taking a zumba class . Boom. Told ya. Hey know it alls, youre welcome. Now that tmobile has double the lte coverage you can prove youre right to more people in more places. Faulty fuel injector you showed him huh, still alive. Told you nailed it youre wrong, its that way. Ha, ha, ha tmobiles new extended range lte reaches twice as far, and is 4 times better in buildings. Now you can know it all, from almost anywhere. Welcome back. The state department wrapped up 2015 by dropping 5500 pablgs of Hillary Clintons emails from her secretary of state days. The timing not accidental. But 8,000 pages were expected and the timing of the release being slammed by republican frontrunner, donald trump. All of her work emails have been ordered release as part of a freedom of information act lawsuit. Chris joins us more with more details. Ive been looking through these eames as well. Some interesting highlights in there. I mean, relating to things from everything from a viral photo to who gets to ride in the car with hillary clinton. A slice of the secretary of states life. The 5500 pages were fewer than the expected 8,000 pages to come out. The state department saying the holidays and the sheer number of documents involved left it short of its goal. The department pledged to release more eames next week. The latest batch of emails is part of thousands of pages the judge ordered the state department to release. Remember, this all goes back to the fact that clinton did government business from an email server kept in her home. That sparked a political firestorm last year. And the emails that came out yesterday pp, they included 275 that have been upgraded to classified. Now, none of those emails were classified when they were sent or received. Thats a point clinton has made repeatedly on the campaign trail, largely because republicans have attacked clinton for sending these now classified emails from a private server. They argue it endangered national security. The emails released thursday, they provide a little window into clintons inner circle. They made a flow chart as to who gets to ride with clinton in her secret service suv. In another she asks aides to correct the record after a, quote, ridiculous column reported a number of times cabinet members had visited the white house. She says, please go through my schedules and counted my visits to refute this. You know, apparently she was concerned that her visits had been undercounted. In another exchange, clinton and the senior aide seemed to mock at american citizens stuck in egypt after the embassy closed. A woman stranded on the river cruise ship told cnn the response was grossly insufficient. Clinton agreeds with the aide that they send out a Good Communications department. She adds, why is being on a cruise ship a dangerous or difficult situation . And then there was the email alerting clinton to that now famous photo of her, where shes wearing sunglasses and checking her blackberry, aides telling her that photo had started to go viral. Clinton asks, why now . That was on the way to libya. To which her chief of staff simply says, you look cute. Clinton embraced that hillary meme but they used that photo to cast her in a negative light. You had 5,000 pages come out yesterday, jim. A little glimpse behind the scenes of what its like to be secretary of state. , so a lot of inside baseball stuff here, quickly, and i know its early, a lot to delve through, but anything politically damaging in these emails . Theres nothing hugely politically damaging here. There was an email from an adviser of hers, a longtime pollster, mark pen, that when president obama got caught on a live mike talking to the russian president saying, ill have more room to maneuver after the election, mark suggested, maybe you should think about distancing yourself from that or get out of that situation. Theres some political back and forth and you get a little behind the curtain of what she how she was being advised, but nothing thats going to be hugely politically damaging we found just yet. Thanks for looking through all of it for us. A new year and a new staff for ben carson. Three of the republican president ial candidates and onetime frontrunners top advisers bailed on his campaign yesterday. With the first votes of that election just one month away. Carson has been struggling in the polls as ted cruz and marco rubio have seen their fortunes rise. We have more on the changes in the carson camp, and also Jennifer Ruben with Washington Post right turn blog. Sa sara, whats going to be the fallout of these Campaign Departures . Its been kind of interesting to see because ben carson forecast he was going to have a Campaign Shakeup and then walked it back. These aides end up leaving anyway. I dont think we should necessarily be surprised to see the departure in the wake of ben forecasting this himself. I think this puts the campaign in rocky footing, weeks from the iowa caucus and the challenge is going to be, can you get past this shakeup and buckle down, turn out the ground game and keep meeting with voters and try to turn around the first steps that ben carson really isnt ready for prime time. Hes not ready to be president. Still weeks until iowa. Still possible you could do that on the ground. Right now ben carsons poll numbers are moving in the wrong direction. Jennifer, i spoke with Armstrong Williams yesterday. Close adviser of ben carson. Hes, in effect, the guy on the other side of this intracampaign battle, the other side of the folks who decided to leave the campaign yesterday. In that interview he said carson is the only authentic evangelical in the race. How do you think the other candidates are going to respond to that claim . Well, we have marco rubio and ted cruz both making a very strong pitch for the evangelical crowd. Lets not forget theres Mike Huckabee and rick santorum, also very popular with socalled value voters. I think he had a special place in the heart of many of those voters, however. I do agree with that. I think his campaign was probably did even before this last episode. Hes really been plummeting in the polls, cnns polls, other polls that are out there. I think this just confirms that maybe the president ial race and the whole process of running for president was not something that was really in his wheelhouse. Sara, jennifer, thanks for walking us through it all. Appreciate it. Tune in at 1 00 p. M. Eastern today, well talk live with ben carsons new campaign major, at 1 00 eastern on cnn. In chicago now, possible trouble for embattled mayor rahm emanuel. Thousands of newly released emails by city official show police fear of the shooting of mcdonald would become an explosive political issue. The emails show the city attempted to control the official statements about the shooting and expressed concern about potential unrest if video became public. Rosa flores joining us now from chicago. Smoking gun in here . Theres a lot of charges that rahm emanuel delayed the release of this video to help his political fortunes as he ran for reelection. Do we see some proof of that kind of background play . Reporter well, jim, no smoking gun yet. Let me give you the background. Cnn requested all emails received and written by the mayor regarding the Laquan Mcdonald case. Like you mentioned, we received hundreds of emails and thousands of pages. So, were still going through those emails. We do know that the mayor is referred to in those emails as mre, thats how his staffers refer to him in these emails. To give you the broad overview, the bulk of the communication here is about the message. How to handle the message. A lot of these emails are between staffers in the Communication Department and the Law Department, trying to figure out what message to put out. This is after the shooting of the of Laquan Mcdonald, before the release of the video, before and after the indictment of the Police Officer involved. Lets talk about one particular email just to give you a sense. Now, heres the timeline. This is before the Laquan Mcdonald shooting video was released. Theres an attorney who has worked with the city. And he sent this email to one of the mayors top staffers. Im going to quote here. It says, im concerned that the city may erupt when and if the video gets out. Again, this is Laquan Mcdonald shooting video that shows Laquan Mcdonald being shot and killed by a Police Officer. Im going to continue here. What if the mayor and some Community Leaders such as father pfleger lead a peaceful demonstration with 100 plus africanamerican youth wearing red mortar boards to symbolize education as a solution while also invoking the image of Laquan Mcdonald in a positive manner. We do know a lot of protests did happen. We covered these protests for weeks. Now, heres the statement from the city of chicago i received this morning. And it reads, we made the decision to release emails from the Mayors Office, the Law Department and top officials in the Police Department in the interest of transparency. And being as open as possible. We even opted to waive the right to withhold Attorney Client privileged discussions, meaning hundreds of emails which otherwise would not have been produced have now been made public. Now, heres the background. Laquan mcdonald is a 17yearold who was shot and killed by officer Jason Van Dyke on october 20th of 2014. Now, after that, we all know the story, it took a year for the release of that video to go public. After that, we know that there were a lot of protests. The mayor asked the head of the independent Police Bureau review to step down. He asked the chicago Police Department head to also step down. So, jim, theres a lot of Different Things that were happening behind the scenes. These emails give us a sense of what was happening. No question. Rosa flores, thank you, and for your part in getting them released. Coming up now, bill cosby breaks his silence with a new years eve message, just 48 hours after his being charged with Sexual Assault. Cosbys Public Comment comes as a judge now forcing his wife to be interviewed under oath. Whei just put in the namey, of my parents and my grandparents. 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Even tempurpedic mattress sets getat low clearance prices c, save even more on floor samples, demonstrators, and closeout inventory the year end Clearance Sale is on now at sleep train your ticket to a better nights sleep new this morning a federal judge in massachusetts has ruled that Camille Cosby is going to have to testify in a defamation lawsuit against her husband, bill cosby, in connection with the Sexual Assault lawsuit filed by seven women. Meanwhile, the actor broke his silence after facing Sexual Assault charges in the Andrea Constand case. He tweet ed, friends and fans, thank you, and some celebrities were quick to slam him right back on twitter. Lena dunham said, if i believed in hell, bill cosby would be going there. And arsenio hall said when i heard cosby and booking, it with news reference to comedy in cleveland. And i want to bring in our criminal attorneys for more clarification. The requirement of really camille kcosby to testify againt her husband and this is not in the Sexual Assault case, but the the Defamation Case which is tied to the same charges, but within the same case, and how significant is that or rare . Well, it is not rare at all. We are hand allot of civil case, and one person that knows is the wi wife. The wife knows everything that is going on, and under examination in depositions where the wife has to raise her right hand and tell the truth and nothing but the truth, they will kraung der pressure, and start to admitting to things that possibly the husband did not say. One thing about the depositions that is so power fful on the defense side is on the plaintiffs side is that getting them to make statements that are not the same. If bill cosby said one thing and his wife says another, then you have contradicting statements which is extremely relevant in the trial, and extremely p powerful to reach is is settlement in the case. And you cannot be required to have a wife testify against her husband in a criminal case, is that the right . That is right. Under some circumstance, and there are a few exceptions and on the civil side, it is a Business Manager which opens up a whole different can of worms in this case. And she is his Business Manager, and she is telling the truth and going to tell the lie, and it is going to be coming down the that and the cosbys are in a lot of trouble on this particular side of it, and he has a decent chance of winning the criminal case, but the civil case, he may have some serious issues. Darren, i want to ask you, this latest criminal case is based on the deposition that was released a number of years ago in july that he acknowledged th that he was using drugs to help women have sex with him in effect. I want to play a clip from some 20 years ago of bill cosby interviewed with larry king where he talks about using a drug known as spanish fly at the time, and back when he was a young man, and lets listen to it, and i want to get your reaction. You knew what it was . Spanish fly was the thing that all boys from age 11 to death, we will be search ing in the spanish fly. And the old story is that you put a little drop and the head of the pin, and put it in. And cocacola, and it wont make any difference. And the girl would drink it and then hello, america. And darren, i mean, uncomfortable to the say the least to see those comments with the laugh and a smile. In a case like this, are the past statements of yauzing is Something Like this irrelevant, and can they be used saying this guy has been talking about it for 20 years. And remember that when we put it in the context of the criminal case, bill cosby wont be on trial for being a scum bag or the devil incarnate or whatever people think about him, because what the prosecution has to prove in the criminal case is that bill cosby drugged and took advantage of a woman on a particular date at a particular time. And certainly the kinds of statements they make cosby loog horrible. And as a pros ecutor, you have o be cringing at these statements being admitted possibly. A and the ultimate problem of the criminal case is that criminal cases dont get better with age, and that criminal case was thorough vetted and reviewed by the District Attorneys Office a decade ago. I think that the hurdle that they have, and the practical hurdle is what has now happened in the intervening decade that makes it more or likely ta they are going to be ableb to successfully secure a prosecution about the events of a particular night. Im not sure that this sort of generalized smearing of the cosbys reputation is going to help them if the jurors are focussed on that very narrow issue. That is ultimately going to be the challenge. And darren, briefly, so i understand this, and the viewers understand it from the legal standpoint, if you are using a drug, and you admit that you are using that drug to help a woman have sex with you, is that, does that the legally constitute Sexual Assault . Listen, this is to be argued in the case of court, and if you are in effect using something to be taking away her ability to have judgment, i suppose, does that meet that standard legally . So generally speaking, any words or actions of a criminal defendant are potentially admissible in what is called the admission, and so statements that cosby said can come in and whether or not that statement or any statements are relevant to the conduct on a particular night is going to to be the question for the judge as the gatekeeper of the evidence to decide whether or not it comes in, and ultimately, that is going to be one for the jurors to decide. But general ly speaking, if it s a statement that cosby made, it is likely to come in and it is relevant to come in at that trial. And eric and darren, thank you for the advice and analysis on this. Coming up next, more on the breaking news. A gunman opens up fire at a pub in tel aviv, and two people are dead. A manhunt is under way. Stay with us. Ive smoked a lot and quit a lot, but ended up nowhere. Now i use this. The nicoderm cq patch, with unique extended release technology, helps prevent the urge to smoke all day. I want this time to be my last time. Thats why i choose nicoderm cq. What would help is simply being able to recognize a fair price. Truecar has pricing data on every make and model, so all you have to do is search for the car you want, there it is. Now youre an expert in less than a minute. This is truecar. Hello, everyone. Im jim sciutto in for ashleigh banfield. A very happy new year to you, and welcome to legal view. It is 7 00 p. M. In tel aviv and the night has since fallen, but police are on the manhunt for two people who went to a pub and killed two. Police surveillance caught a glimpse of the shooter as the attack was under way. We are not shure how it was obtained, but watch closely, because it is disturbing. You can see on the
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