Transcripts For CNNW CNN Newsroom With Brooke Baldwin 201512

CNNW CNN Newsroom With Brooke Baldwin December 30, 2015

These charges stem from a Sexual Assault that took place on an evening in early 2004. At mr. Cosbys 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 fourdecade period and cosby has said multiple times, didnt do it. Deny it. He hasnt been charged with a crime but that changes with the news today. I have a lot of people to talk with here. Lets 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 im 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 wouldnt have been available. The deposition would not have been unsealed. All of this happening this past summer and thats what led to these charges. So im 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 couldnt move and thats 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 Jacksons 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 im 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. Im skeptical about a lot of what im hearing. Spencer, were coming to you. But i have to say, one of cosbys key attorneys is no longer working with him. Would you be interested in taking this case on . Well im 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 im 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 wouldnt 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 wellrespected 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 wellrespected 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. Im 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 attorneys 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 clients 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 years. 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. Im Brooke Baldwin and this is cnn. Hey sweetie, its time. Eye of the tiger tv anncr good afternoon everyone. Tv anncr its the perfect day for a game of football. Tv anncr this team is having a fantastic season. Morning rituals are special. When you share what you love. With who you love. Kelloggs frosted flakes. Theyre grrreat now. You can win a Microsoft Surface 3. When you buy any speciallymarked kelloggs product. Mirrors. They show us all our problem areas. 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Switch to Liberty Mutual and you could save up to 509. Call Liberty Mutual for a free quote today at see Car Insurance in a whole new light. Liberty mutual insurance. Breaking news here on cnn. Im Brooke Baldwin. Let me give you a headsup as far as what we are waiting for. We are waiting to potentially have eyes on bill cosby. As this is the first time hes 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 americas 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 ateam. 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. Its about that simple. You dont let the media deck tate how you behave. You dont 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 youre advising him, he has not spoken publicly, how would you advise him . You know, again, i dont know the fact of the case and i dont know what the evidence is or is not. But ive 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 cant 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 cant 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, lets take another look at the case. But im 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 youre indicted for a felony, very serious felony like this one, warrant for your arrest is usually issued by the grand jury. And if you dont show up, that warrant can be used to cause your arrest in the future. However, the d. A. Has said hes 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 couldnt 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 theres 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 theres 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. Were back after this. Get beautyrest, posturepedic,r even tempurpedic mattress sets at low clearance prices 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 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 socalled 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 theyre 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 zeeks 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,

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