CNN Smerconish January 2, 2016 14:10:00
That's a huge issue in this case. i think we muddy the waters when we start talking about what she did in the past. because if she wasn't capable of giving consent, she just wasn't capable. >> ted simon, you've tried cases in montgomery county, pennsylvania. let's speak to this venue. i've tried civy eied criminal c you've tried civil cases there. >> what's very important here is both, the during and the afternoon. and once one looks at the before conduct, the during conduct and the after conduct, there is substantial reasonable doubt that one can see. with respect to montgomery county, it is ...