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Here. you could argue that they never should have gotten to that stage. once there was a deal and it was acted on to the disadvantage of cosby, it was for him speaking in his defense in the civil case, it was tainted. let's bring in smerc, what is your take on the situation? >> two-fold, number one. he was enticed to surrender his fifth amendment rights and then the testimony he offered in the deposition was used against him in the subsequent criminal proceeding that was after he paid $3 million plus to make the civil suit go away. so on everyone is already talking about that. the second issue...

She won on a procederal issue and it's a procederal issue that is constitutionali implications and it matters and it sucks. you have all the women, this was not a hand on the knee. it was not a suggestion that they thought differently about later. this was sexual assault in a pattern of behavior that he admitted in a civil deposition that admittedly he never should have been coaxed in to giving. but this is not about the truth. he is not innocent. he has not been found innocent. nothing that was said against him was found to be puntrue and his this is own words were damning. it's about how the...

Could not testify. that's not true. >> no the deposition. >> it would have made it harder. >> it was not just about the deposition is being predjudical if he took the stand. if somebody is coersed in to making a statement, we recognize, we tonight, that's unfair. we cannot use that statement. but this is no different in some ways because -- >> well with, coreced confession is when somebody says something they don't believe. >> not always. you are talking about statements that were induced involuntarily tearily in a sense by make promises that they did not live up to. >> absolutely. absolutely....

Of justice. and i is are no problem with a just and righteous verdict if you get there in a fair way. when you cheat to get there, there's no justices in that verdict and that, is unfortunately what happened. >> hold on, one sechblthd i am with you the game has to be played, we all know, 100 men should on go free so one innocent is not punished wrongfully. i hear you. let's not fake the funk here either. you heard a jury hear testimony and they convicted him, it was not that it was all manipulation, this was a rule jury that got to hear it and found him guilty. >> you also had a jury that hear...

He would have been okay. >> had he taken the stand, all of the words that he said during the deposition, in whatever context they were taken unfairly laid out, it was four days of deposition. it made it impossible. no on defense attorney would have said yeah, sure, take the stand and deal with these, again, a deposition, stapt stat that were illegally obtained. >> i do not disagree with you from a perspective of legal strategy. i'm saying in terms of common sense, he could have still testified. i understand why you would have been nuts to stay on the case if he insisted on doing it if you knew...