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Legal View with Ashleigh Banfield

Baltimore PD Attorneys Seek Change of Venue; Bill Cosby Deposed; D'Andre Johnson Case Examined. Aired 12:30-1p ET

Aired July 07, 2015 - 12:30   ET

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


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[12:30:45] ASHLEIGH BANFIELD, CNN HOST: Defense attorneys for those police officers who were charged in the custody death of Dr. Freddie Gray say that they cannot get a fair trial in Baltimore. And they're asking the court to change the venue of the proceedings.

Gray, as you were likely recall, died after suffering a severe spinal cord injury while in police custody.

His death sparked widespread protests against police brutality. And after his funeral, the city erupted into rioting, arson and looting.

So, do his lawyers have a case?

Legal analysts Mel Robbins and Joey Jackson back with me now.

The defense for the officers, they call the States opposition to the change of venue absurd and illogical.

I'm not so sure when this was all over television for day -- weeks, I dare say. I think everyone of our thinkers was down in Baltimore anchoring live. They do have a point, do they?

JOEY JACKSON, HLN LEGAL ANALYST: Yeah, I don't that it's absurd or illogical either those. At the same time I'm not sure that it will be granted either. So, the bottom line is whether or not, there would be a trial jury that could be chosen, that could be fair and impartial that could evaluate the case, evaluate the issues and really give a fair hearing to the officers that a charged. And so, that's the standard.

Now, in looking at the standard, of course, the lawyers are arguing, there's only 276,000 people in a pool. And only 27 percent of those are going to come to court. So, now, you left with 70,000 people. So, the issue becomes -- from that 70,000 people, can you get 12 juries who are going to be fair and objective?

And finally, the standard is not, whether you've heard about the case.

BANFIELD: Right, they've all heard about OJ...

JACKSON: ... having heard about the case, having learned about the case. Having known the case, are you so prejudiced to what your views are that you cannot give them pick? MEL ROBBINS, CNN LEGAL ANALYST: But, here's the thing...

BANFIELD: Aha. Prejudice.

ROBBINS: ... of the 70,000 thousand.

BANFIELD: Sometimes when you're locked down and you're not allowed to leave your house, it can make you sort of angry.

ROBBINS: Yeah, here's the problem. It's not about the news coverage. 70,000 of those jurors, of all them 100 percent were on lock down and were exposed to a curfew. And we're impacted by what was happening.

And so, you know, I typically agree with what Joey says, not in this instance. I actually believe that they will change the venue and that they should.

Number one, every single person in this tiny city was impacted. Unlike the Boston bombing case for example where the jury poll as much wider and pulled from other counties. This is right smacked tab Baltimore, end of story.

Secondly, there's President, 2007, there was very, very controversial arrest of a seven year old boy. He was in his front yard, they handcuffed him. They dragged him to the police car. The arrest was called erroneous by the mayor. There were protest that are erupted. In the civil excessive force case that was brought a change of venue motion was granted.

On these grounds, it was moved to different county and it was upheld by the appeal. Now, that civil, this criminal...

JACKSON: And, just to give a little bit of balance to what Mel saying. You know, I don't know what a judge will do. What I'm saying is that, I, by no means, take it to slum dunk to move that case at all. Because, not what standing that fact that you have people who on lock down, the issue remains you unlock down that because you really give a fair hearing.

Now, to your point of view, Amadou Diallo 1999 in the Bronx was move to Albany. You remember the sniper case involving Muhammad, that was moved, you know, outside...

BANFIELD: And Lee Boyd Malvo?

JACKSON: Exactly. And Lee -- Ally (ph), he was moved outside of Virginia.

BANFIELD: ...you had to pull jurors from another...

JACKSON: And That's 100 percent correct. And the Oklahoma City bombing case and other case that was move to Denver Colorado. And so, the fact is this President to do it, but, I'm not sure that it's absolutely a slum dunk by any measure.

BANFIELD: And, you know, maybe, what they might do is have a hybrid, like Casey Anthony where they didn't move to trial they brought the jurors in from another county which, you know, I always say they all watch the same T.V. but, it isn't that way. They're much more connected to that community than the most people would assume.

Mel and Joey, thank you for that.

JACKSON: Thank you.

BANFIELD: The allegations against Bill Cosby have been out there for years. But he's never faced any charges. So, is deposition, the smoking gun that accusers had been waiting for?

I'm going to ask one of those accusers live. Next.

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[12:38:25] BANFIELD: He indeed got prescription Quaaludes to try to drug women that he wanted for sex.

Unfortunately there are a lot of questions he refused to answer, including whether he forced any of these women to take the drugs or slips the drugs to them unbeknownst to them.

PJ Masten now joins me. She was a Playboy Bunny and met Cosby back in 1979. And she says Cosby drugged and raped her at the Whitehall Hotel in Chicago.

And PJ just before I get your reaction to this, I want people to know exactly what Quaaludes are because it's not something that we all know about today. They picked back in the 1970s as a hypnotic and sedative, they were muscle relaxant. They also were used to treat insomnia.

And our Dr. Drew Pinsky actually explained the effect that Quaaludes can have on the body. So let's take a listen.

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DREW PINKSY, HLN HOST: They cause sudden and severe intoxication. They induces sleep. And then also causes, let's call it a floppiness that people aren't just sort of enable to propagate to the world. Their muscles become so severely limp that they almost can't lift theirs limbs up or come to their own defense.

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BANFIELD: So it sounds, and so just about everyone who has come before and after you of the now 24 so accusers has almost the identical story as yours exactly as the others?

PJ MASTEN, COSBY ACCUSER: Ashleigh there's more than 20 or something there's 48 of us now that have come forward, 48 and more to come.

BANFIELD: 24 who've come out publically and you're saying an additional 24 who have come out to you in a private... MASTEN: No, no, no there's 48 that have come out completely. They are Jane Does that are not going to their names. But 48 that have publically come out and there's about 40 to 50 that are Jane Does.

[12:40:12] BANFIELD: Let me ask you something because, you know, Mr. Cosby has never been charged. He has -- up until this point not been facing any criminal prosecution because of the statutes of limitations, although there is some questions to whether that maybe assuaged by now of this new revelation whether new people coming out may actually fit within this statute of limitations. But we still have to use the word, accusers. And when I introduced to you PJ, I had to say "accuser".

MASTEN: Yes.

BANFIELD: You said to me when you walked-up on the set, I feel completely validated and yet I still have to call you, the accuser.

MASTEN: I understand.

BANFIELD: How is that feel?

MASTEN: You know, it hurts my heart, it hurts my heart to feel that but I feel vindicated, I feel validated for all 48 of us that have stood in our truth and said, yes he indeed drugged me and yes, he indeed raped me.

BANFIELD: May I ask you something about a popular musician Jill Scott, who come out in Mr. Cosby's defense earlier on and sent out a number of twits.

I want to read some them from before. This is November 30th of last year. She said, "You know, Bill Cosby, I do child and this insane proof period." And then she went on to Twit in December 1st, "I'm respecting a man who has done more for the image of Brown people than almost everyone from ever from that over to the Fat Albert to the Huxtables."

And then Jill Scott presumably after hearing this news and hearing Mr. Cosby's own word. At 3:13 yesterday afternoon sent out this twit about Bill Cosby. "Sadly, his own testimony offers proof of terrible deeds which is all I have ever required to believe the accusations."

And then just over an hour later, yesterday, she said "I stood by a man I respected and loved I was wrong, it hurts when you get it all right, holler (ph).

How does it fill to read that?

MASTEN: I feel vindicated from her too. But I would loved to hear from Phylicia Rashad who called us all liars. And I would loved to hear Camille Cosby, who also called us all liar.

BANFIELD: You think he well?

MASTEN: I doubt very much that will hear from either one of them but we feel vindicated because it's sworn document, he swore under oath that they drugged and raped.

BANFIELD: Just really quickly there was this story that you've told about that morning, the middle of the night, when you woke-up, bruised and battered after this allege result. And you told your boss at the Playboy Mansion.

MASTEN: Yes.

BANFIELD: That this had happened that Cosby had drugged you and raped you. And the response from your boss was?

MASTEN: Some corporate they've said, "Well, do you know Bill Cosby as you have nurse best friend." And I said, "Yes, I know that but he raped me." They said "Nobody is going to believe you. I suggest you shut you mouth." And I've kept my mouth close for 30 something years. 30 something years, I haven't come forward. And now, I feel vindicated and validated, I'm not the only one, I'm not the only one.

BANFIELD: And strong enough to say, on -- I think it was Anderson Cooper show last night, he will go down as one of the most prolific serial rapist in American history.

MASTEN: Without a doubt, he will be the most prolific serial rapist in the history of the United States of America. I know of many, many girls still coming out, they feel vindicated now that the court record show that he indeed admitted it. There is more coming out.

BANFIELD: PJ I appreciate coming in to tell a story.

MASTEN: Thank you Ashley.

BANFIELD: And I'll keep the particularly easy given all the circumstances. But I appreciate you doing this for us. Thank you.

MASTEN: Thank you.

BANFIELD: Nice to meet you.

MASTEN: Thank you.

BANFIELD: Many of Bill Cosby's accusers say they have suffered in silence, why? Because no one would believe them, not 40 years ago and not even today. We'll explore why it took Cosby's own words to give them credibility.

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