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Testified in the deposition. the fact that the testimony was given him later, denied him of his due process. in a law, it's you were not supposed to try him. you a made a deal and you have the other testimony, evidence from the civil trial and you want to use it in a criminal trial when you said that you would not do that. now, that is fruit of the poispo poisoness tree and barred future prosecution on the charges. in a statement, constand is and the lawyers said it's disappointing and of concern, and may discourage those that seek justice in the sexual assault and the criminal justice system....

Crimes. i don't believe we had a fair trial and i don't belief you can look at the verdict and put stock in it frankly. let's keep in mind, all of this, prevented mr. cosby from being able to tell his story from the witness stand because of that deposition. so on, let's not say oh, this is just a technicality, on or we know what really happened. you don't know what happened. this trial would have been entirely different and also, it never should have happened in the first place. >> i will give you that point, because we know it because the pennsylvania supreme court litigated that for us, we a...

Came as a surprise for a lot of people. except my next guest. friend of the show, sits here and does a better job, fellow attorney, michael summerconish,e raised the question. michael asked cosby about it in what was his last public interview before being sentenced to prison. listen. >> a federal judge said, if bill cosby is going to be out there on his soap box speaking about moral virtue, then it's fair for this deposition to be used against him. from a legal standpoint, i thought that was a wrong decision and i said so at the time. do you want to comment on that underlying decision which pl...