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Legal View with Ashleigh Banfield

Cosby Molestation Suit Filed; New York Chokehold Case Decision Imminent

Aired December 03, 2014 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ASHLEIGH BANFIELD, CNN ANCHOR: The case against Cosby taking the leap from mere allegations to a full-fledged lawsuit. The accuser says she was just 15 at the time of the alleged assault, claiming it all played out at the Playboy mansion.

Also ahead, what's so controversial about defending cops and calling looters scumbags? Plenty when it refers to Ferguson and the guy talking is Charles Barkley. Hear what else Barkley had to say and the angry reactions he's getting this hour.

And speaking of defending cops, who's protecting Darren Wilson from all the death threats ever since the killing of Michael Brown?

Hello, everyone. I'm Ashleigh Banfield. And welcome to LEGAL VIEW.

If you've lost count of the number of women who now say that Bill Cosby sexually assaulted them, by our count, there are now at least 18. Here's a number we can all get our heads around, two. Of all the allegations that have materialized over the past decade, only two have been formally set down in lawsuits. One of them by a woman named Andrea Constand back in 2005. That one was settled out of court in 2006. But there is a brand-new one, folks, and it was filed just yesterday in Los Angeles. And this accuser has something different to say. She says Cosby used her for sex without her consent, that's a quote, in 1974 when she was a kid. Just 15 years old. And 15 is a pretty important number worth remembering, too. My CNN colleague, Jean Casarez, joins me now with more.

Jean, this is the first allegation that Cosby molested someone so young. So tell me where this goes from here.

JEAN CASAREZ, CNN CORRESPONDENT: Well, where it goes from here is, the complaint has been filed. And according to California procedure, you can't just file a complaint. A judge actually has to look at the merit of the case through certificates of the alleged victim and even the defendant and so there has to be, I think, some authenticity to all of this. But it was filed late yesterday in the superior court of Los Angeles. And her name is in the complaint, Judy Huth. She says that when she was 15 years old in Los Angeles County, she and her 16-year- old friend went to a park in San Marino. And who was there but Bill Cosby.

She says, according to the complaint, he was filming a movie there. She met him. He said, let's go to my tennis club next Saturday. She and her friend did. He then took them to a home, according to the complaint, and that's when he began to engage in a game of billiards. And according to this alleged victim, told her, the rules of the game are, you drink a beer every time I win the game of billiards. From there, she says, they were taken to the Playboy mansion. She had to go to the bathroom. When she came out of the bathroom, she says he was on the bed and began to sexually molest her.

BANFIELD: So, Jean, the court filing actually - I'm going to -- let me quote something from it. It says, "this traumatic incident, at such a tender age, has caused psychological damage and mental anguish for Huth that has caused her significant problems throughout her life. She has suffered damages that are substantial and continuing." So what about the timing of all of this because everyone's been talking about statutes of limitations and how they've all expired. Is there something unusual about the timing of this suit?

CASAREZ: I think that's going to be an issue in this suit. But, you're right, it's 40 years ago. But under California law, there is a provision, and it came about in 1990, but it was that if you as a child suffered a sexual molestation and maybe you knew about it, you don't have to have a totally repressed memory, but if you then remember and have injury or mental illness because of that childhood abuse within a three-year period of realizing that, you can file suit. And that is the law that this suit is being filed under.

BANFIELD: All right, Jean Casarez, thanks for that reporting on this story.

And also we just want to make sure you understand that there's been no reaction so far from the Cosby camp, from either Bill Cosby or his attorneys. And it's really his attorneys who have been the ones to send out any reaction to any of these allegations thus far. And, again, there have been now 18 by CNN's count.

And I want to turn now to CNN's legal analyst and former prosecutors, both of them, Paul Callan and Sunny Hostin.

Talk to me, folks, about the issue of timing because every state's a little different and everybody's memories are a little different, especially when you're talking about kids. It all changes when there's kids involved. Explain.

SUNNY HOSTIN, CNN LEGAL ANALYST: I think that's right. I mean there has been a trend, I think, if you look at these kinds of cases with crimes involving children, Ashleigh, and you hear about these repressed memories, you hear about children realizing through therapy -- when they're adults, realizing through therapy that the abuse that they suffered when they were children has sort of colored their entire lives and it led to a lot of mental issues. And so the bar has taken, you know, great strides and lengths to --

BANFIELD: To amend the statutes to accommodate them, right?

HOSTIN: Well, yes. To sort of try to change the statute of limitations. And the movement, I think Paul you'll agree, has been sort of slow in that sense and these cases are really difficult to prove because, as you mentioned, you know, memories fade, jurors are a bit uncomfortable with these sort of, you know, late cases and the theory that it's, you know, repressed memories. And so I think it's going to be a problem in this case.

BANFIELD: So in this - and let me just read from page two of the complaint, Paul. "The date that plaintiff discovered or reasonably should have discovered that her psychological injuries and illnesses were caused by this sexual abuse perpetrated by Cosby was within the three years prior to the filing of this complaint." Three years being critical because doesn't the law in California say, no matter how long ago it was, if you're a grown-up, if you've remembered it within the last three years, you can file suit?

PAUL CALLAN, CNN LEGAL ANALYST: Yes, if it happened to you as a child and --

BANFIELD: How do you prove this?

CALLAN: Well, she's going to get on the witness stand and she undoubtedly will say, I went to see a psychiatrist or psychologist and in the therapy session the psychologist said to me, you know, all of the problems that you've been complaining of are related to that thing that happened to you with Cosby all of those years ago. Now, that's the trigger point under California law. She now has realized for the first time that her problems are related to this incident. The statute then starts to run. Now, you'll notice he tracked the exact language of the statute in making that allegation.

Now, will a jury believe this ultimately or will it sound like she's really just making up -- not necessarily the allegation against Crosby, but the idea that she didn't realize she had been damaged by it so late in life.

BANFIELD: Ultimately important as well to note that this is just - that this does not apply to criminal. This is only applying to civil.

CALLAN: It's a civil case, correct.

HOSTIN: It's just civil. But I think what's going to be interesting, if this goes to trial, if it's not dismissed out of hand, what jury pool hasn't heard about the numerous allegations against Bill Cosby? And so, you know, standing alone, this case could be difficult. But I wonder how much stronger it will be with so many other (ph) people --

CALLAN: Oh, it is. And I think they will settle.

BANFIELD: Settled before. He has settled before.

CALLAN: They will settle.

HOSTIN: Yes.

BANFIELD: I'll tell you - I'm going to just say it right here, I do not think this is going to see the inside of a courtroom based on this person, based on his behavior up until now.

HOSTIN: I think you're right. I think you're right. CALLAN: Yes, unless there are 500 more cases coming down the line, and then they have to draw the line.

BANFIELD: And then - and then (INAUDIBLE).

CALLAN: Yes. Yes. Right.

BANFIELD: All right, folks, stand by. We've got a lot more on this story, in particular a P.S. to Cosby's resignation from his long-held seat on Temple University's board of trustees. The board's chairman tells our affiliate, WPVI, that members were contemplating Cosby's future with the school when he, Cosby, decided to step down. The chairman calls that a, quote, "noble act."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: It was a difficult decision for him because he loved Temple. We had a linkage that was unique and it was difficult to hear him say that. But, at the end of the day, I think he did the right thing for Temple and himself.

(END VIDEO CLIP)

BANFIELD: Neither Cosby nor his lawyers have commented on the latest allegations, though the lawyers have denied many of the others. Cosby has been on Twitter, though, oddly enough, thanking Whoopi Goldberg for publicly expressing her skepticism at one accuser's claims a few weeks ago. And then just today, thanking Jill Scott, a Philadelphia- born singer, who praised Cosby's philanthropy and called the allegations against him, quote, "insane." And finally, and I use that word carefully, famed trial attorney Gloria Allred has just scheduled a news conference for 3:30 p.m. Eastern Time at which she says she's going to be joined by three Cosby accusers, two of whom are going public for the first time. So I guess that means stay tuned.

You know, we could hear as soon as today whether or not an NYPD officer is going to be indicted after a man he put into a chokehold died. The grand jury is meeting right now over the Eric Garner case. We're going to tell you what we know, next.

(COMMERCIAL BREAK)

BANFIELD: A white police officer kills a black man. A grand jury has to decide on a possible indictment. Yes, this happened in Ferguson. But it's also happening somewhere else, New York. And it's happening today because somewhere in this city right now there is a panel of grand jurors who are being faced with a similar decision and it's all because of the death of Eric Garner.

About three weeks before Brown died, Mr. Garner lost his life. And here's the video. He was put in a chokehold by an officer in this melee named Daniel Pantaleo. This happened in Staten Island. And the alleged crime that started this confrontation was selling cigarettes tax-free. How it escalated, though, is a different story.

Much like the scene of Michael Brown's death, a memorial with candles, flowers and teddy bears has cropped up as well. Our Alexandra Field looks at the case and how this city is preparing for whatever announcement is to come.

(BEGIN VIDEOTAPE)

ALEXANDRA FIELD, CNN CORRESPONDENT (voice-over): After the fury in Ferguson, New York City leaders trying to stop potential violence here as another grand jury weighs whether to indict another officer.

MAYOR BILL DE BLASIO (D), NEW YORK: People have a right to protest peacefully, and we will respect that right. But if we think public safety is compromised, the police will act very assertively to address that problem.

FIELD: July 17th, Eric Garner died after a confrontation with New York City police. A bystander catches it all on video. First, officers approach him on a Staten Island street for allegedly selling loose cigarettes. Then a group of officers swarm him.

ERIC GARNER, DIED AFTER BEING PUT IN A CHOKE HOLD BY POLICE: Don't touch me. (EXPLETIVE DELETED). Don't touch me. (EXPLETIVE DELETED).

FIELD: Garner tells police not to touch him. He puts his hands up and he's wrestled to the ground. Repeatedly, the 43-year-old with asthma tells officers he can't breathe.

GARNER: I can't breathe. I can't breathe.

FIELD: New York City's medical examiner ruled the death a homicide, caused in part by chokehold, a tactic barred by the NYPD. The autopsy concluded asthma, obesity and a heart condition were contributing factors.

There's been public outcry in the form of peaceful protests over the use of force. But it's up to a grand jury to decide whether Officer Daniel Pantaleo will face charges. The video shows him with his arm around Garner's neck. Last month, the officer testified before the panel for more than two hours.

DANIEL DONOVAN, STATEN ISLAND DISTRICT ATTORNEY: I'd like New Yorkers to be patient. The grand jury has been diligently listening to evidence and we await their decision. And regardless of what the decision is, there will be some demonstrations.

UNIDENTIFIED FEMALE: No justice.

CROWD: No peace.

FIELD: Alexandra Field, CNN, New York.

(END VIDEOTAPE)

BANFIELD: Now, unlike the Michael Brown case, the jurors looking into Eric Garner's death have, of course, the video that you just saw. So will that make a big difference? For the legal view, I want to bring in CNN legal analysts Paul Callan and Danny Cevallos. OK. So, first of all, when you're dealing with - and let's be clear

here that, yes, there were loose cigarettes and there was an attempt to talk to this man, but there was some resistance being put up at the arrest at that time. This was also a very big man when you see him compared to the police officers as well. When they went ahead and did a chokehold, is there something illegal about using a chokehold to try to restrain someone who is resisting arrest, Danny?

DANNY CEVALLOS, CNN LEGAL ANALYST: So when it comes to New York, the New York Police Department has stopped or banned the use of chokeholds in their policy manual. However, it's not illegal under New York state law. And that raises a real problematic issue when it comes to training police departments because police departments should train officers according to what the applicable law is, because if you have an inconsistency between policy and the law, then you have this sort of gray area where somebody may be in violation of departmental policy, but doing something that is not illegal. And that may be what's going on here in New York, that this chokehold has been banned for almost two decades by the New York Police Department.

BANFIELD: Yes.

CEVALLOS: However, if it's not illegal, how do the grand jurors grapple with that issue?

BANFIELD: So, in 1994, apparently they had to grapple with it because almost the exact same thing played out and there was an officer who was involved in a chokehold situation in which the person died and he went to court and the result was?

CALLAN: Well, that's a famous case from the Bronx. And he ultimately -- he was acquitted on the state level and ultimately he was convicted in federal court and there was a civil suit which was won by the victims of the chokehold.

Now, how did that happen in that case given what Danny's had to say? The use of a chokehold, police are on notice by their training and the fact that NYPD bans it that it's dangerous. And so you could make an argument that it's reckless of police officers to use the chokehold, even though it's not illegal, in subduing somebody. It's a factor, OK, that a cop should know, this is a dangerous move. And that's, I think, how it will come into play in this case.

BANFIELD: And, by the way, just adding to that, that that federal case was a federal civil rights deprivation case.

CALLAN: Correct.

BANFIELD: That ultimately the government did prevail and this person was sentenced to seven and a half years. So I mean just -- and the circumstances may have been very different leading up to it, but -- just quickly, can you just tell me how much intent has to play out here? Like, does the officer have to intend to inflict injury or death in order for them to get an indictment for a murder?

CEVALLOS: Yes, because I think the chokehold itself is not the dispositive factor. It's going to be whether the use of force - especially if they're looking for a murderer, well then absolutely, they're going to have to demonstrate the requisite level of intent. And that grand jury should also be instructed on the arrest powers. Remember, police are privileged in a way that we citizens are not.

BANFIELD: Are not, right.

CEVALLOS: They can initiate force to effect an arrest.

CALLAN: But it's complicated. They had a right to arrest him and subdue him. And there are more than one cop involved. So how do we know that the cop who was pushing down on his back didn't cause the death, as opposed to the officer who did the chokehold?

BANFIELD: Or I'll do you one more -

CALLAN: So -

BANFIELD: Or the other instances where the M.E. said there was obesity, heart disease and asthma that also played into this death as well, which I thinks complicate this.

CALLAN: And the demographics are a - the demographics of Staten Island are something too. Seventy percent white, predominately Irish and Italian. Only 10 percent African-American. So 23 people on this grand jury, we don't know what the demographics are.

BANFIELD: Twenty-three.

CALLAN: Twenty-three, 12 votes to indict.

BANFIELD: There's a difference as well.

CALLAN: That's very different than Missouri.

BANFIELD: OK.

CALLAN: So very different from Missouri.

BANFIELD: And I know you've got your finger on the pulse of this case, so let us know just the minute you hear an inkling that there may be some decision coming down.

CALLAN: I will.

BANFIELD: Paul, Danny, thank you for that.

He calls looters in Ferguson scumbags. Police, he says, are awesome. And the whole notion that blacks are targeted by law enforcement, he says, is ridiculous. Those are just some of the comments that we're hearing from none other than Charles Barkley. The former NBA star is speaking out to CNN's Brooke Baldwin. Not everybody is happy about what he's saying. The interview, next.

(COMMERCIAL BREAK) BANFIELD: Got the very latest for you now on the Michael Brown shooting. Ferguson law enforcement sources tell CNN that Michael Brown's stepfather, who's seen in the green shirt in this video, will likely not face any charges for this outburst after a grand jury decided not to indict Officer Darren Wilson. You've probably seen the video before in which Louis Head can be heard yelling, "burn this bitch down" over and over again.

This morning, Head released this statement apologizing for his actions. And it reads in part, "I was so angry and full of raw emotions as so many others were and, granted, I screamed out words that I shouldn't have screamed in the heat of the moment. It was wrong and I humbly apologize to all of those who read my pain and anger as a true desire for what I want for our community. It wasn't."

Head isn't the only one expressing outrage over the shooting. The FBI has arrested this man for threatening to kill Officer Wilson. Jaleel Tariq Abdul-Jabbaar is accused of posting multiple death threats on FaceBook saying he was trying to get his hands on a gun and was planning to travel to Ferguson.

In the meantime, the federal civil rights investigations into the Ferguson Police Department and Officer Wilson are expected to wrap up by the time the attorney general of the United States, Eric Holder, ends his tenure. And that is this February.

And the people of Ferguson will see less of this, the National Guard and -- as residents try to rebuild their community. The governor says he's scaling back on the National Guard's presence as things become quiet in that community.

Everybody knows former NBA great Charles Barkley has no problem speaking his mind. And now he's weighing in on the Michael Brown shooting. And he's creating quite a stir, too. He sat down with CNN's Brooke Baldwin.

(BEGIN VIDEO CLIP)

BROOKE BALDWIN, ANCHOR, CNN'S "NEWSROOM": Let's just begin with the news of the day, that Michael Brown's stepdad is being investigated for saying eight different times "burn this b down" the night the grand jury decision was made public. He's being investigated for inciting a riot. Do you think that is fair? Should police be pursuing that?

CHARLES BARKLEY, FORMER NBA PLAYER: No, I think under the circumstances I mean this has just been an awful incident for everybody. And I just think that, that just clouds the discussion.

BALDWIN: What about all the walkouts and all the protests and you've definitely caught some -

BARKLEY: Yes.

BALDWIN: You know, flak for calling some people --

BARKLEY: I haven't caught any slack. Number one, I haven't gotten any slack. I don't do social media.

BALDWIN: I know you don't.

BARKLEY: And I don't sit around and watch what everybody think about me. I have no --

BALDWIN: The scumbag comment, respond to that.

BARKLEY: Yes, when you're looting people's property, that's what you are. That's against the law. It's not your property. You wouldn't want people to do it to your house.

BALDWIN: Do you think that we would be seeing all of that had this been a black police officer? Had Darren Wilson been black and all the facts remaining the same, we would still have a slain 18-year-old, would the outrage be there?

BARKLEY: No, because we have a racial issue in this country. We've always had a racial issue in this country. And the biggest problem with it is, we never discuss race until something bad happens. We never have meaningful dialogue over a cold beer when things are going good. But what happens is, everybody that -- when something bad happens, everybody has a tribe mentality. Everybody want to protect their own tribe, whether they're right or wrong.

BALDWIN: What do you mean when they're right or wrong?

BARKLEY: We all got bad characters in our group. We all got bad characters. So my grandmother taught me, you judge everybody on their own individual merit. You don't care what any other jackass has to say. You don't put everybody together. Black is not always right or white is not always wrong. But let me say this, the notion that white cops are out there just killing black people, that's ridiculous.

(END VIDEO CLIP)

BANFIELD: So Brooke is going to have a lot more of her interview with Charles Barkley and it's coming at you at 2:00 p.m. Eastern when Brooke takes to the airwaves.

And as we told you, not everybody agrees with Mr. Barkley's comments. And some of his critics are speaking out pretty loudly, including my next guest. He is Olympic icon John Carlos. One of the world's best sprinters back in 1968. And it was in that year at the Olympic games Mr. Carlos made this famous gesture. He raised his fist, a salute to black power. But it cost him in more ways than one. Coming up next, he's going to tell me why Barkley, in his words, should keep his mouth shut. That's next.

(COMMERCIAL BREAK)