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And then comes back to you with the answer. at the end of the day, to protect yourself, i personally would delete it. >> there is not an expectation that they're going to hear something on here as if this was a recording all the time. if something went wrong or there was a murder, we don't know what happened or how he ended up drowned in the hot tub, but you would hear the actual event itself. >> i don't think so. what's interesting is i read the search warrant. it wants data from both of these men. the victim and the suspect. so i think that's interesting too. because you have a dead victim w...

Cases a he said/she said. is this not a layup. this is going to be a tough one for the prosecutors. >> it is going to be say tough one. you raise a point, oftentimes, they fall won this sort of he said/she said. if you can't have forensic evidence, if you don't have physical evidence, they're difficult to prove. however, joey is right. there are other actors and prominent people that played a role at the time. i think it's important she came forward ten years ago about this that can sort of say well, bill cosby asked me to do this. there were certain people who worked for bill cosby who he tol...

And vowed that he will, quote, be exonerated by a court of law, and the constand lawyer tells me that constand was notified before the charges were filed. and she's extremely grateful that this district attorney is placing their trust and confidence in her. the preliminary hearing, alisyn, is set for january 13th. >> joining us now is criminal defense attorney midwin charles and joey jackson. good to have you both. >> joey, how unusual was what we saw yesterday? not only was it bill cosby, but after more than 50 women have made these accusations since the 1960s, the prosecutor decides to move ...

Court, and i have to tell you, they are taken under oath. so the fact that these are bill cosby's own words, we always know in criminal cases that your words can be used against you i think is remarkable. i'm surprised that his attorney representing him at his deposition didn't object. to at least get at that answer in some specific way. >> and what we should talk about, that if he testifies during trial, the trial against him, he has to stay within the confines of what he's on record saying under oath already as midwin as pointed out. if he veers anyway from what he said he's going to be what...

Don't deal with rape culture, who don't think about the fact it doesn't matter if you're wealthy, handsome, charismatic, connected. anyone can be a rapist. anyone can be a criminal. >> i also think that bill cosby is a little bit unique in the sense where he has this image, right? this was the daddy that everybody wanted, who wore the cool sweaters. and i think a lot of people have a difficult time divorcing bill cosby the man with cliff huxtable the character. >> well, i mean, midwin, you bring up the good point. we watched the video of him walking in. he's wearing a gray cardigan. a head nod...