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>> well, i can understand why she would say that. she's his defense attorney, and it is her job to represent him to the fullest extent possible. and zealously. but her point about it being a case doesn't necessarily resonate because the statute of limitations exists for a reason. it means you have that entire period of time to file charges. and in this case, it's 12 years. so the fact that a different district attorney looked at this and saw additional evidence which wasn't available to the prior prosecutor, and we can talk about whether or not that prosecutor made the right decision, bruce ca...

Charges. so he had no interest in filing charges. and i'm surprised at that because, as a prosecutor, and reviewing the facts of this case, i think it's very clear that at the very least, there was probable cause. that is the lowest legal standard in our system. so the suggestion somehow that there wasn't enough probable cause to file charges when you have a police officer get out of his car and in two seconds, two seconds, don, shoot a 12-year-old, that's ludicrous. >> and he wasn't on the job for long, right? he was an officer in training. what would a seasoned officer -- would he have done ...

Excess of a hundred. >> reporter: mr. district attorney, when will be the first court appearance and -- >> well, she's scheduled for a 48-hour hearing tomorrow morning but that is not a courtroom hearing. that is a paper review where a judge reviews to determine whether there's probable cause to continue to hold her. then a 72-hour hearing perhaps on wednesday. however, i will tell you that in coordination with the police department, my office is working quickly so those dates may be moved up. she could be in court as early as tomorrow morning. we anticipate filing charges if not today, tomorr...

Officer van dyke with first-degree murder, did the prosecutor evaluate the potential for violence on the streets, if you will? in other words, if it would have been second-degree murder charge or negligent homicide, something along those line, potentially the anger could have been much more sbebs given the graphic nature of the dash cam video. >> prosecutors aren't supposed to take that into consideration. prosecutors are seeking justice, they're seeking the truth, they're seeking to really find out what happened. so you don't really consider that when you're filing charges. what i do find ver...

>> reportedly, the current d.a. who is about to retire and herself will probably be elected judge on tuesday, is considering filing charges against cosby before she leaves office. pennsylvania's 12-year statute of limitations on felony sex crimes will run out in january. and that's the same month that either castor or steele will take office. so, here's the thing, don't be surprised if one of these two men who are right now arguing over who should have charged bill cosby is actually prosecuting cosby in 2016. before baob beckel became a star on fox news and this channel, he lived in a brothe...