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This judge is a former criminal defense attorney, and he is going to let the defense try their case. he's going to let them file all kinds of motions and challenge each and every piece of evidence that's out there against their client. rick: you know, fred, if there is this dna evidence of semen and other bodily fluids, how does the prosecution prove that it was not a consensual coming together of these two? how do they prove that this woman was attacked? >> well, they tell the jury to use their common sense. if some woman who decided after working at this place for some time that she was goin...

I doubt he's going to grant that. >> but, fred, you said the sex crimes unit being the one that investigated the case, think about the short amount of time they had to do that investigation before they went on a plane and arrested one of the most powerful men in the world, and i don't really say that lightly. so they had to kind of make a split second decision in terms of it wasn't really a split second decision, but they had maybe an hour to two hours to figure out, is this woman telling the truth or isn't she, and once they went with it, there's no turning back. rick: go ahead, fred. >> good...

Alleged sexual assault against a hotel maid. he is charged with seven counts. arthur aidala is a fox news legal analyst, fred tice. good to have both of you. they've got to prove that this guy did what they say he did. how strong do you think the case is? >> correct. well, you know, i mean, arthur's going to tell you it's not strong, i think it's really strong. this case wasn't investigated by barr any fife, it was the new york city special victims unit, and an indictment has been handed down by the grand jury. and every prosecutor knows that when you shoot at someone like this guy who's head ...

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