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Here. you could argue that they never should have gotten to that stage. once there was a deal and it was acted on to the disadvantage of cosby, it was for him speaking in his defense in the civil case, it was tainted. lets bring in smerc, what is your take on the situation? >> two-fold, number one. he was enticed to surrender his fifth amendment rights and then the testimony he offered in the deposition was used against him in the subsequent criminal proceeding that was after he paid $3 million ...

She won on a procederal issue and its a procederal issue that is constitutionali implications and it matters and it sucks. you have all the women, this was not a hand on the knee. it was not a suggestion that they thought differently about later. this was sexual assault in a pattern of behavior that he admitted in a civil deposition that admittedly he never should have been coaxed in to giving. but this is not about the truth. he is not innocent. he has not been found innocent. nothing that was ...

Could not testify. thats not true. >> no the deposition. >> it would have made it harder. >> it was not just about the deposition is being predjudical if he took the stand. if somebody is coersed in to making a statement, we recognize, we tonight, thats unfair. we cannot use that statement. but this is no different in some ways because -- >> well with, coreced confession is when somebody says something they dont believe. >> not always. you are talking about statements that were induced involunta...

Of justice. and i is are no problem with a just and righteous verdict if you get there in a fair way. when you cheat to get there, theres no justices in that verdict and that, is unfortunately what happened. >> hold on, one sechblthd i am with you the game has to be played, we all know, 100 men should on go free so one innocent is not punished wrongfully. i hear you. lets not fake the funk here either. you heard a jury hear testimony and they convicted him, it was not that it was all manipulatio...

He would have been okay. >> had he taken the stand, all of the words that he said during the deposition, in whatever context they were taken unfairly laid out, it was four days of deposition. it made it impossible. no on defense attorney would have said yeah, sure, take the stand and deal with these, again, a deposition, stapt stat that were illegally obtained. >> i do not disagree with you from a perspective of legal strategy. im saying in terms of common sense, he could have still testified. i...

Testified in the deposition. the fact that the testimony was given him later, denied him of his due process. in a law, its you were not supposed to try him. you a made a deal and you have the other testimony, evidence from the civil trial and you want to use it in a criminal trial when you said that you would not do that. now, that is fruit of the poispo poisoness tree and barred future prosecution on the charges. in a statement, constand is and the lawyers said its disappointing and of concern,...

Crimes. i dont believe we had a fair trial and i dont belief you can look at the verdict and put stock in it frankly. lets keep in mind, all of this, prevented mr. cosby from being able to tell his story from the witness stand because of that deposition. so on, lets not say oh, this is just a technicality, on or we know what really happened. you dont know what happened. this trial would have been entirely different and also, it never should have happened in the first place. >> i will give you th...

Came as a surprise for a lot of people. except my next guest. friend of the show, sits here and does a better job, fellow attorney, michael summerconish,e raised the question. michael asked cosby about it in what was his last public interview before being sentenced to prison. listen. >> a federal judge said, if bill cosby is going to be out there on his soap box speaking about moral virtue, then its fair for this deposition to be used against him. from a legal standpoint, i thought that was a wr...