Transcripts For CNNW Wolf 20180925 : vimarsana.com

Transcripts For CNNW Wolf 20180925 : vimarsana.com

CNNW Wolf September 25, 2018

Court. The judge just classified cosby as a sexually violent predator for the rest of his life. Tell us more. Reporter well, in that courtroom when the judge made his decision and its a backed room, bill cosby did not flinch. He was asked if he understand what that meant and that he would have to register for a time and there were courses and coupling he would have to take. It is not known if it will be in prison or home confinement or at his home and third, that this community where Temple University started it all where bill cosby was the board of trustee that he is a sexually violent tread topredator. It will be about 30 minutes that he is deciding what is appropriate under the law. The state is asking that bill cosby be sentenced to prison. At 81 years old that he go to a prison in the state of pennsylvania. They are asking for the maximum term of 10 years. They are saying that five to ten years is the first time he can go before a parole board. They are saying they want a Psychological Assessment of cosby once he is in prison. They want those recommendations for him to follow before he would ever come out and see the light of day outside. Wolf . The defense, his attorney, joseph green is asking for no prison time, right . Reporter thats right. Home confinement. It is based on his age, 81 years old and he is legally blind and not selfsufficient. They are saying that there is no evidence that he could reoffend at all. They quote he is in remission. They say between 2004 and the current year, there have been no complains. No one stepped forward that he sexually assaulted them and he is not a risk to the community and should be able to be at home. The prosecution counters that by saying there are geriatric facilities in prisons across the state here and there is a medical facility in one of the prisons, if thats are in for him. We will find out if he is going to go to prison or not. Thank you very much. There is other news we are following. Important news right here in washington. Will Brett Kavanaugh get a job on the nations highest court. Will Rod Rosenstein lose his job as Deputy Attorney general of the United States . Two high stakes political dram as add up to a chaotic week for President Trump. The president weighed in on kavanaugh, blaming democrats for trying to derail his Supreme Court nomination. I think its horrible what the democrats have done. Its a congame. They are really conartists. They are trying to convince they dont believe it themselves, okay . They know hes a high quality person. Its just resist and obstruct. They are playing a congame. They play it very well. They play it much better than the republicans. The judge, judge kavanaugh stepped up his defense against Sexual Misconduct allegations thursday morning. Also on thursday, the Deputy Attorney general Rod Rosenstein could learn his fate when he meets with the president. What happens to rosenstein has major implications for Robert Muellers russia investigation. As for kavanaugh, he cannot on fox news last night, vowing to clear his name. He said he has no plans to withdraw his nomination. Im not going to let false accusations drive us out of this process and we are looking for a fair process. I can be heard and defend my integrity and my lifelong record of promoting dignity and equality for women starting with the women who knew me when i was 14 years old. Im not going anywhere. Rosensteins fate has been up in the air since the article last friday. Rosenstein discussed secretly recording President Trump and invoking the 25th amendment to the constitution to remove him from office. Rosenstein called the story inaccurate and factually incorrect. Lets start with Brett Kavanaugh giving an unprecedented interview for a nominee during the confirmation process. He is defending himself against the accusations that were levelled against him in his high school and College Years and sharing personal details in hope of clearing his name. I never sexually assaulted anyone. I did not have sexual intercourse or anything close to sexual intercourse in high school or for many years there after. The girls from the schools i went to and i were friends. You are saying through all these years in question, you were a virgin . Thats correct. Never had sexual intercourse with anyone in high school . Correct. You were all drinking. Were there times when perhaps you drank so much was there ever a time you drank so much you couldnt remember what happened the night before. No, that never happened. I went to an all Boys Catholic High School focussed on academics and athletics and going to church every sunday and working on my Service Projects and friendship with my fellow classmates and girls from the local all girls catholic schools. What about Kavanaughs Yale roommates participating a different picture, saying in a statement just released, i concluded although brett was normally reserved, he was a notably heavy drinker even by the standards of the time and he became aggressive and belligerent when he was very drunk. I didnt observe the specific incident in question, but i am brett drinking excessively and becoming incoherently drunk. Our correspondent is joining us from capitol hill. Whats the latest, manu, leading up to thursday mornings hearing . Reporter the intense is focused intensely on a handful of senators from both parties who will determine the fate about whether or not Brett Kavanaugh will get that seat on the high court. All these key moderate republican and Democratic Senators are waiting for the hearing before they make that ultimate decision about how they will vote on this nominee. At the same time, democrats are renewing their push to open up an fbi investigation into all the allegations, the ones that have been waged by Christine Blasey ford who accused him of assaulting her in high school in the 80s. Debbie ramirez who made the allegation the new yorker article that he exposed himself to her, something he denied. I caught up with the two key senators, Lisa Murkowski and joe manchin. Murkowski in particular raises specter of an fbi investigation clearing things up. Thats something the democrats agree with. Should there be a full fbi investigation into the allegations from kavanaughs past . Well, it would sure clear up all the questions, wouldnt it . This is extremely serious. These are allegations made and they have to come forth and prove their statements and he has a right to clear himself. Murkowski told reporters she believes that Debbie Ramirez should come forward and tell her story. Other senators said something similar. Democrats believe its too soon by the thursday hearing. At that hearing, republicans still at the moment planning to use an outside counsel, a female outside counsel to ask questions of Christine Blasey ford and judge Brett Kavanaugh. Theyre rejecting calls from outside witness as the democrats plan to do the questioning of those two witnesses. Dianne feinstein said the senators will ask their own questions, all of them. Thats right. She told me going into a meeting in Chuck Schumers office, they are strategizing how to ask these questions, but the republicans at the moment plan to using someone on the outside as the democrats are rejecting fords camp too raised concerns about that effort, wolf . A dramatic moment thursday morning when we have live coverage of that hearing. Manu raju on capitol hill. Speaking of Debbie Ramirez, President Trump is dismissing the claim. She said judge kavanaugh exposed himself while they were students at yale university. Kavanaugh denies the accusation. Heres what the president said a few moments ago. I look at the second accuser and she has nothing. She doesnt even know she thinks maybe it could have been him and maybe not. She admits she was drunk. She admits time lapses. Joining us now from capitol hill, senator, thanks for joining us and let me get your immediate action going after debra ramirez, the second accuser. Its good to talk with you. These are serious allegations. Many of my colleagues and i are clear. We need to finish the Background Investigation. The fbi needs to reopen it and take a look at the allegations. Put that information together and provide it to the senators so we can have a fair and open hearing and have all of this information before us. Have you announced how you are going to vote on judge kavanaughs confirmation . I have. Like the previous confirmation, i take my advice and consent very seriously. I want an opportunity to review his Court Rulings and his writings. I wanted to actually see how he responded to the questioning in the Senate Judiciary committee. Im not on that committee. I wanted to go into the Committee Confidential documents chi think were unappropriate. The only thing i did not get an opportunity to do was sit and meet with judge kavanaugh. I will tell you based on the information i have seen, i disagree with his philosophy. I think its extreme. If you look at the garza case, i think he is unfortunately i have concerns he will roll back roe vs. Wade and really my fight has always been for reproductive rights for women from them. Those on the Senate Judiciary committee are planning to have a female outside counsel do questioning of kavanaughs initial accuser, Christine Blasey ford, the california professor. She wants the senators to handle the questioning. Chuck grassley, a lawyer for ford says this. This is not a criminal trial for which the involvement of the sex crimes prosecutor would be appropriate. Neither is on trial. The goal should be to develop the relevant facts, not try a case. What do you think of the decision of the republicans not to question professor ford directly, but to have an outside female counsel do this . You can have somebody come in and do the job for you. I disagree with that. I think this is a senators role. We should be asking the question and i agree there is a conflation between somehow this being a criminal trial and we are triers are fact. We are not determining guilt. What we are determining is whether judge kavanaugh is fit to sit on the highest court in the land in a lifetime appointment. All of his work background and his character and fitness to sit on the bench is open. We should be asking the questions to make the determination whether we are supporting him or not. You know, thats why i go back to this. We need to finish the Background Investigation and we have that fair and open hearing. At the end of the day, many of my colleagues are looking for that. It is our role to ask the questions. It is our role to at the end of the day make a decision. Not whether he is guilty, but whether he should be sitting on the highest court in the land. Do you think the Judiciary Committee should invite the yale student who was a yale with judge kavanaugh, that she should testify as well . Thats one of the reason yes i am open to this investigation. The fbi by going in and talking to the individuals is so important. I was a prosecutor for 10 years. I fought for victims rights. I know that key to us getting the information we need to make an informed decision is a full investigation of background check. Thats always done. Always done on these nominees and particularly for judges who are going to sit for lifetime appointments. There should be no difference here. One final question before i let you go. Did you see the interview that judge kavanaugh and his wife did on fox news last night and if you did, i would like to get your thoughts. I did not actually. I was doing a telephone town hall and i did not have the opportunity to watch it. Senator, we will continue this conversation. Im sure down the road, senator cortez masto, thank you. You are going to see why the room erupted in laughter after one of the president s claims about his administration. New cnn reporting on the fate of the Deputy Attorney general Rod Rosenstein and why Officials Say the president may not, repeat, not fire him on thursday. Bill cosby will learn his fate as a judge will sentence him for Sexual Assault. Stand by. We will have coverage. Ok here we go guys, you ready . Hi cinturones por favor. Gracias. Opportunity is everywhere. Its gonna be fine. Its a door. Its doing a lot of kicking down there. Waiting to be opened. Whatever your ambition. Whatever your drive. Whatever youre chasing. Driver, are we almost there . Were gonna have a baby daddy daddy opportunity is everywhere. All you have to do to find it is get out. Here. 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Get published now, call for your free publisher kit today . President trump taking the world stage and addressing the United Nations General Assembly a little while ago, using his speech to praise kim jong un for his courage and turning to attack irans regime, calling for the world to act against them. Listen. We cannot allow the worlds leading sponsor of terrorism to possess the planets most dangerous weapons. We cant allow a regime that chants death to america and threatens israel with annihilation to possess the means to thrive a Nuclear Warhead to any city on earth. We just cant do it. We ask all nations to isolate irans regime. As long as its aggression continues. Earlier, President Trump said he was not interested in a meeting with iran until they changed terms and in an interview with cnns chrissi is a. Have you requested a meeting with President Trump . Not this year or last year. We have never made such a request for a meeting with the president of the United States. A meeting must take place at a time when the meeting can serve a purpose. Can be beneficial. Can serve the benefits of both countries. Under the current conditions, when it comes to a meeting and dialogue, i do not see it as beneficial nor appropriate. But you should ask him who made such requests. Lets bring in the chief White House Correspondent joining us from new york. Is this now a further escalation of the tensions that were extreme between the u. S. And iran . It seemed like it. Amping up the rhetoric as you mentioned. A sharp contrast referring to kim jong uns courage. Wolf, other notable moments and they didnt go after russia at all. Moscows attack in democracy. The most notable part of the speech came when the president was touting the achievements of his administration. Its a line he uses quite often and praising him and so on. He did not apparently expect the reekdss. Heres how it went. Today i stand before the United Nations General Assembly to share the extraordinary progress we have made. In less than two years, my administration has accomplished more than almost any administration in the history of our country. Americas so true. [ laughter ] didnt expect that reaction, but thats okay. [ laughter ] its interesting because the president has used this line about america being laughed at and went after barack obama in 2014, putting out a tweet saying we need a president who is not the laughingstock of the entire world. Its notable he was on the receiving end of that at the United Nations. The speech was written by his top domestic policy adviser and speech writer, steven miller. It was out on the campaign trail and he talked about it at point, how the United States is not going to surrender sovereignty to the United Nations or any global body. There is no politician who is talking about that, but that language plays with the president s base. This is one moment where he would like to have it back and not have them laughing at him. This is something we see often when we travel with the president and talking with foreign diplomats and many are not intimidated by the president s rhetoric anymore. They are over his rhetoric and we saw that on display. It was a real moment when the laughter erupted. Jim acosta, thanks if are that report. We will have more on that story coming up. Controversy swirling around the nominee, Brett Kavanaugh. He is defending his reputation as President Trump bashes one of his accusers. I will talk to one of kavanaughs long time friends. Any moment now, the disgraced comedian will find out his sentence. He will face years in prison. The latest from the courtroom is coming up. I know that every single time that i suit up, there is a chance thats the last time. 300 miles per hour, thats where i feel normal. I might be crazy but im not stupid. Having an annuity tells me retirement is protected. 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I didnt observe the specific incident in question, but i remember brett drinking excessively and becoming incoherently drunk. Kavanaugh is telling a much different story. The truth is i have never sexually assaulted anyone in high school or otherwise. I was focussed on trying to be number in my class and being captain of the Varsity Basketball Team and doing my Service Projects and going to church. The vast majority of the time i spent in high school was studying or focussed on sports and being a good friend to the boys and the girls that i was friends with. Joining us now is one of kavanaughs friends and colleagues when they worked at the white house. Kathy martin. Thanks for joining us. You got to know him well during your years at the white house. I did. You have known him since then. You are friends with his wife . I am. Tell us why you think the charges are false. Because Brett Kavanaugh said they are false. He said unequivocally and vehemently he denies the allegations made against him. I know his character and i know him to be a good and decent person. He is incapable of doing the things being alleged. The former roommate suggested he used to drink as a freshman at yale. I will get you to answer that, but the president is speaking and i want to hear what he is saying. Everybody gathered together, all the great world leaders. People that we all know and read about on a weekly and sometimes a daily basis. But the United Nations has this incredible potential to bring people together. We are an example of things we are doing towards world peace. We have a direct relationship to the time i spent at the United Nations meeting some of you. Many of you are now friends. When i first came here, it was a little bit of a foreign territory to me, the United Nations. Now its like home. So many great people and leaders in this room and a lot of terrific things are happening. We covered as you know during my speech, north korea. Last year my tone was somewhat different on north korea than now. Tremendous progress may be made and think you will see an outcome as the express goes, who knows. I think you will see a very, very great outcome. I hope that effectually some of the other countries that we have conflict with, if not warlike conflict, trade conflict and other types of conflict, a lot of those problems will disappear i think by next year. I want to thank you on behalf of myself, secretary pompeo, secretary nikki haley. So many people have such respect for the job youre doing, mr. Secretary general. On behalf of the United States, i would like to toast you and toast the United Nations. Thank you very much. So there is the president and his lurch yon in new york at the United Nations toasting the United Nations representatives from around the world. They are at the luncheon as well. We will have more on that. Thats coming up. We want to get back to kathy mart martin who worked with Brett Kavanaugh at the white house. When you hear some of these people who knew him in high school and college saying he was drunk, he was aggressive, he got to be violent from time to time. This is not the man you know obviously. Totally contrary experience. Do you believe the accounts of him as a young man . Its not in keeping with the person i know. I had drinks with brett and had beers with him and i never saw him out of control drunk or act belligere belligerent. But this was in the 90s. We are talking about when he was in high school and college. Sure, but even having a few beers or drinking a few too many is not the same as being someone capable of Sexual Assault. Let me get your reaction. We are getting this in from manu raju. The Senate Judiciary committee chairman, Chuck Grassley Just Announced that the committee at their hearing on thursday morning when both judge kavanaugh and Christine Blasey ford, the professor will be testifying. They have decided that they will bring in an outside female counsel for the republicans to ask the questions and the 11 republican members will not directly ask questions of the two witnesses. They are not announcing the name of this outside counsel yet. Do you think thats a good idea for the republicans to do that . I think the Senate Judiciary committee is in the best position to determine how they should best ask the questions and get the information they need to make the decision. This is a woman who has extensive experience in sex crimes prosecution. Clearly the thought is that 11 men, all republican members of the committee are all men. No women. Maybe it would be inappropriate or awkward for them to be asking tough questions of these two witness. Again, i think the Senate Judiciary committee is in the best position to determine how they should ask the questions and how they should get to the truth and move forward on this nomination. What we are going to see is an opportunity for both Brett Kavanaugh and dr. Ford to come forward and tell their stories and i hope its a fair process for both involved and i look forward to hearing brett continue to vehemently say he never assaulted anyone and give the truth. You saw the interview he did on fox news with his wife last night. He was very passionate and emotional. She was as well. One thing that didnt come clear to me, he said he really wants the truth to come out. So why not allow the fbi and suggest the fbi should do a fullback ground check, which is part of their job as you know. Brett had six fbi investigations and my experience with the fbi investigations is they look all the way back to your childhood. They go and knock on your neighbors doors and ask for friends of friends and they dont rely on the character witnesses, but other people you didnt list. They ask that the witnesses had ever seen you in a compromising position. Whether they have ever seen you drunk or done drugs. They ask all of those questions and all of that has been done six times and never a hint of anything that would compare. Why not allow them. He has nothing to hide and he is willing to come forward and tell the truth in whatever capacity the committee believes would be the best way to get the information. For the Committee Said we will do a fullback ground check by the fbi, you would be okay with that . And brett wants an opportunity to talk to the American People and tell his story. If the fbi finds corroboration, his name would be clear. He wants to clear his name. Thats why im surprised he has not asked for a background check. He told the committee he wants to clear his name and tell the truth to the American People. Thanks very much. You are a goodfriendofhis and appreciate you coming on. Any moment now, the disgraced Comedian Bill Cosby will hear his fate. We are standing by to hear the judges sentence. The latest from the room with live pictures. Well be right back. Were following breaking news. Moments from now, the disgraced comedian, bill cosby will learn his sentence. He was found guilty in april of aggravated indecent assault for drugging and assaulting andrea back in 2004. Cnns athena jones is live. Whats happening in the court right now . We are waiting to hear from judge steven oneal set to announce his decision on what kind of sentence bill cosby is going to have to carry out. We know cosbys lawyers asked that he be sentenced to house arrest. They cited his age. He is 81 years old and legally blind. He has difficulty getting around and he is not selfsufficient and argue he is not a danger to anyone other than maybe himself. Incarceration would impose an undue burden. Prosecution is asking for 5 to 10 years. You remember the three charges have been combined because they stem from the same event. The maximum is 10 years. They asked for 5 to 10 years and want cosby to pay a 25,000 fine and the cost of prosecution, court and sheriffs cost. Earlier this morning, that same judge, judge oneal ruled that cosby will be classified as a sexually violent predator. He will have a lifetime mandatory counseling to deal with that issue and also a notification of the community that a sexual predator lives in the area. That is independent from the sentence. We are waiting to hear what his fate will be any minute now. This is the first verdict of a celebrity being accused of Sexual Assault in the me too era. This is a very big deal and a long time in the making. You will remember the first trial ended in a mistrial. His accuser was willing to come and do a second trial, but they had five other women able to testify and buttress what she was saying about being drugged and incapacitated and being sexually assaulted that. Led to the conviction in april. We are waiting now to see how long bill cosby may spend behind bars. We will find out whether he goes to jail at age 81 or not. Stand by. I want to bring in our legal analyst who is joining us from los angeles. You spent a lot of time watching this case unfold. He is either not going to jail or go to jail for five or 10 years. Now that the judge ruled him a sexually violent predator for the rest of his life. What signal does that send . I think based on what we have seen from the judge and the cases he ruled on that are similar to bill cosby, we should expect him to spent some time in jail. Whats remarkable about that case is bill cosby never expressed remorse. He had an opportunity to take the stand and ask for mercy. To talk about the things he has done in the community and things he has done in his and ask the judge to give him leniency. He did not do that. He missed that opportunity and passed on that opportunity to do so and although legally the judge cant take that into consideration, that says a lot about bill cosby and whether he accepted the harm that he has done to andrea. We will looking to see how the judge play this is out in terms of sentencing bill cosby, but its incredible thatty we have not seen him express any remo e remorse. If he is sentenced, i assume he is immediately taken from the courthouse to prison, is that right . Thats what the prosecutors are asking for. An appeal has been were processed. They appeal him to stay out pending that appeal. Not only did cosby not take the stand, but there were no witnesses put on by the defense to try to paint a picture of him other than as the sexually violent predator he has been deemed by the court. Stand by for his sentence any moment now. Lets take a quick break. Now get even more out of your appliances. Get up to 30 off top brands at sears. Plus get an extra 15 off kenmore laundry. Visit sears. Com kenmore to see how you can get more from kenmore at sears. One look at you and i cant disguise ive got hungry eyes applebees new 3course meal starting at 11. 99. Now thats eatin good in the neighborhood. Opportunlike here. Rywhere. And here. See . Opportunity. Hi cinturones por favor. Gracias. Everywhere. About to be parents. Its doing a lot of kicking down there. Meeting the parents. Its gonna be fine. And this driver, logging out to watch his kid hit one out of the. Go dani, go opportunity is everywhere. All you have to do to find it is get out. Here. Looking at live picture coming in from the course in norristown, pennsylvania. Any moment now were expected to get the sentence of bill cosby. Earlier the judge in the case ruled that he will be labeled as a, quote, sexually violent predator for the rest of his life. The 81yearold awaiting s sentencing. The prosecutors want at least five years in jail, as much as ten. The defense say hes 81 years old, legally blind, he should not necessarily have to go to jail. I want to bring in our panel. Mark, we should get the word momentarily. Does he wind up in jail, not wind up in jail . What do you think . Hes going to end up in prison. Theyll probably remand him today. If i had to prognosticate, id say 30 months, maybe a little bit less. But my guess is 30 months, which is about half what the prosecution is asking for. Theres no way hes going to get straight probation and also no way hes going to go five or ten years. The judge signalled that when he did not remand him, meaning put him into jail, after the verdict. So the judge obviously was struggling with the idea what do you do with somebody who is this age who has got some infirmities. I think hes going to lean towards leniency, if you will, but hes going to send him to state prison. I dont think theres any of doubt about that. Should he have shown remorse, should he have brought witnesses in to make the case hes done humanitarian deeds in his life . Youre talking about somebody who is maintaining their innocence. This is the conundrum when youre a criminal defendant. If you maintain your innocence, its very hard to express remorse or contrition in any way thats meaningful because youre saying basically i have been wrongfully convicted. When youre saying ive been wrongfully convicted, thats tough. Now, the second part of your question i think is spot on. There probably should have been a little bit and i hate to second guess anybody and maybe they made some kind of a strategic decision but you do want to highlight that this is somebody who has led a good life at least at some point and who has got good works. I dont know if strategically they figured the dye was already cast or if they figured this judge is already telegraphing hes in the going to give the prosecution what they want, why is it youre going to open it up to the idea hes done all these good things and let the prosecution counter with the fact that look at what hes done to all of these women. I understand the Strategic Thinking by not going there. Mark speculating two and a half years in jail. The prosecution wanted five years, maybe ten years, what do you think . I think theres no way he gets home confinement, which is what his team was arguing for. I agree with mark that hes going to serve prison time anywhere from two to six years. I think it significant. This judge knows its the first case of this nature where theres been a conviction of a celebrity in this me too era. We saw what happened to the judge in the brock turner case in california. Im sure this judge doesnt want a repeat of that given the tons of women, the 60plus women that have come forward, the voice that all of these women have found. I dont see a judge sending bill cosby home or to county jail. Hes been deemed a violent sexual predator and bill cosby is going to go to jail as many women around the country believe that he should. Mark, areva made a good point. Any chance pending appeal he might be out of jail . Normally the odds are dramatically against it. The only hesitation i would have is that clearly here the judge is struggling to some degree because he did not remand him after conviction. I cannot emphasize enough virtually every case that you see where theres a felony conviction of these kind of charges, pending sentencing bail is revoked and the defendant is remanded and put into custody. So that tells me that hes got some hesitation. I dont know if the hesitation is about you know, theyve got a pretty good issue on whats called the other crimes evidence, the defense does. So he may be struggling with that. Pennsylvania is kind of lags behind some other jurisdictions, notably california, with the level of judicial scrutiny that has been given to that area of the law. Pennsylvania is probably ten years behind where california was or is right now. And when areva mentions judge pierceky, he was the first judge recalled and i believe that was in california and that was all bus he made a decision to give that young man a probationary sentence. Judges are human, too. A couple of hours ago the judge in this case ruled that bill cosby will be deemed a, issual sexually violent predator for the rest of his life. What does that mean . It means he will be on a sexual predator registry. When he goes to a community, the community will be alerted there is a sexual predator in their community. This is a legal question by this judge. There are pending actions against bill cosby. There are seven women in massachusetts that have a pending d pending defamation action and also women in california. Will information be used by those plaintiffs attorney . Will they leverage that information to gain an advantage in getting those cases settled and actually be successful in the trial if those cases do proceed to trial . So the judges determination today has serious ramifications for bill cosby in terms of how he lives out his live and han e handles the civil actions pending against him. Well have the coverage of the live decision, coming up momentarily were told. The defense says he shouldnt go to jail at all. He is now deemed a sexually violent predator. Everybody stand by. Brooke baldwin will pick up our breaking News Coverage right now. This is cnn breaking news. Hi there. Im brooke baldwin. Any minute now the decision will be in. Comedian and actor, once everyones favorite dad will be sentenced. He was convicted in april of aggravated indecent assault. Prosecutors saying