Return to Transcripts main page

Legal View with Ashleigh Banfield

Cosby Case Discussed; New York Governor Gives Police Abuse Cases to State Attorney General; Latest on Iran Nuclear Deal. Aired 12:30-1p ET

Aired July 09, 2015 - 12:30   ET

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

(COMMERCIAL BREAK)

[12:30:07] ASHLEIGH BANFIELD, CNN HOST: The Bill Cosby thought that parts of his 2005 deposition being released was embarrassing, you know, that stuff about him admitting to buying drugs to give to women, to get sex all that stuff, just imagine at that whole darn thing got out.

The whole deposition not just a few pieces, because that is exactly what one of his accusers is fighting to make happen. Her attorney filed a motion to release Cosby's full deposition arguing, that the T.V. star violated a 2006 confidential settlement agreement in that case when his lawyers spokes about his accusers in recent months.

And we expect Cosby's lawyers to file a response to all of that. We just don't know when, or a they'll tell us.

We suspect we'll have to find it on our own, most of his accusers may actually never see their day in courts their cases are past the statute of limitations. But there is at least one woman who may be able to force Bill Cosby to answer the alligation under ought in a courtroom with a judge.

Chloe Goins claims that Cosby sexually assaulted her at the Playboy Mansion at a party back in the spring of 2008, if you do the math that is still with in the 10 year statute of limitation 2008. But Cosby's attorney has said that Cosby was not even in California on the day that it was originally said the assault happened -- the alleged assault happened.

We're going to get to that in a little bit. But right now it's important to you to know that the LAPD says that, it actually does have one investigation relating to Bill Cosby, a criminal investigation. But due to the nature of the charges, LAPD says, it can't divulge the details because of course we can't divulge the detail of sexual abuse alligations.

But I want to bring in Chloe's attorney who's Spencer Kuvin. And he joins me now from Boynton Beach Florida, Mr. Kuvin thanks so much for being with us.

So is it your investigation? That the LAPD says it has but can't divulge details of? SPENCER KUVIN, ATTORNEY FOR COSBY ACCUSER CHLEO GOINS: Well we can only assume that it is our investigation because we know that the investigation was open when my client went in and gave her statement. And they've never told us that the investigation was closed.

In addition to that, I was recently contacted by the L.A. Police Department to obtain some additional information. But as they told us from the beginning they like us not to comment on anything we've told them directly.

BANFIELD: So how are things going with the LAPD, because often times in, you know, criminal cases were there is someone who feels wrong, they have some kind of an advocate within the police department, someone who keep some abrasive of how thing are going in the investigation, is that happening in your case?

KUVIN: So far, the only contact we've had is through in my office. And with the private investigators and the investigator in charge of that criminal investigation from my client, they haven't really updated us on any other details so far. But we're obviously looking for them to prosecute Mr. Cosby for the alligations that we brought forward.

BANFIELD: OK, so one thing I do need to bring forth is the -- look we really almost never hear from Bill Cosby, we almost get no answers to anything. But on this the Cosby can't thought, it was important enough for Coby's lawyer Marty Singer to issue a statement.

And that statement was about the day that your camp said this party took place at the Playboy Mansion. The party took place on August 9th 2008 this is the midsummer night stream party at the mansion.

Mr. Cosby was in New York on that date we will be providing documentary evidence to the appropriate authorities which conclusively establish as Mr. Coby's whereabouts on August 9th and to the preceding and succeeding days.

Now after that statement came out, you revised Ms. Goins dates and what she recollected as her date. That -- to the outside looking in, looks cagey or looks squishy. Why where there problems with the dates of when the party happened in this alleged assault happened?

KUVIN: Well, let's be clear about one thing, if all of these women's alligations prove true Mr. Cosby run up being the most prolific serial rapist of American history, 45 women over a 40 year period.

As for my client, she has never given a specific statement, she has never actually said a specific date she was at the mansion, other than the spring of 2008, there were assumptions that were made with respect to the date they believe she was there.

That has not been her statement and she's never said she was there for any particular party. All she said was that she was at a private party when Mr. Cosby was in attendance.

If they have documentary evidence, we haven't seen it yet, not a single bit of it.

[12:35:02] And if anything has proved true through the 2005 deposition testimony that is released we know that Mr. Cosby's handlers and Mr. Cosby himself, his public statements are very different than what he says under oath. My client is the only one that can hold them accountable in a court of law. And I can't wait to get him in the deposition and ask him those questions.

BANFIELD: So I want to ask you a little bit about the evidence because you're talking about the documentary evidence that the Cosby can't promise as it move forward.

So many of the accusers have said that, you know, their statutes of limitations have expired or at the time when they made any kind of complaint, there was just a little evidence because they had waited to say, up to a year. What can you tell me about your case and hard evidence because that's what this takes when you're going to go into a criminal situation a civil for that matter, its evidence that counts. What do you have?

KUVIN: Well I'm sure you can understand and I would hope that the viewers understand that certain specific evidence, the L.A. Police Department has asked us not to disclose. My client gave over a two and a half hours statement to the police with witnesses and evidence that she had of the incident that occurred to her. And we do not have the ability to disclose that now because L.A. Police have asked us to keep that on under rafts during the criminal investigation.

If this case is filed either in criminal court or ultimately in a civil suit then at that point everyone will see what we have.

BANFIELD: Well and it is a fascinating story as your client was 17 has really changes things up in this case.

I hope you'll keep us posted on the development in this case, Spencer. Its nice of you to join us thank you.

KUVIN: Thank you.

BANFIELD: So Bill Cosby will not lose his star on the Hollywood walk of fame because once you get a star it is considered part of the historic fabric of that landmark. But he does stand to lose something much more significant, much more important, something that almost no star has gather very, very few.

And we're not just talking about his legacy either. Look what happened to Cosby from a legal perspective, coming up next.

(COMMERCIAL BREAK)

[12:40:21] BANFIELD: We just heard from the attorney for Chloe Goins one of Bill Cosby's accusers in the 2008 case.

She maybe the first accuser to have a case but still actually falls within that very important statute of limitation. And while time maybe on her side it is a legal obstacle for the other women. Cosby may think that won't be consequences like prosecution perhaps and he maybe right we don't know yet. But there are still legal implication here. There is also a petition out there to revoke Bill Cosby's Presidential Medal of Freedom.

But talking law and just the law, I want to bring CNN Legal Analyst Mark Geragos and Defense Attorney and CNN Legal Analyst and Criminal Defense Attorney Mark O'mara.

So be careful to use last name as you're both named Mark. But I'll start with you Mark Geragos if I can and that this.

One of the accusers who had a civil case in Andrea Constand had filed a motion. Saying that Bill Cosby violated in terms of the confidentiality of their settlement and thus she believes that the entire deposition not just that little snippet that's getting so much coverage right now. The entire deposition should be made public what are the chances that will happen?

MARK GERAGOS, CNN LEGAL ANLYST: I think it's very good. I think once this judge let out that little snippet there is a pretty good evidentiary argument is to why the rest of this should be let out.

And it really won't matter because eventually I think what's going to happen you've got an open LAPD investigation. LAPD is going to be able to get at that deposition for their investigation because you cannot in a simple context keep that away from the criminal authorities.

So its going to come out one way on another it's just a matter of time.

BANFIELD: All right Mark O'Mara if it does come out we don't what's in it but there could be -- I mean it could be a mine field you just have no idea.

So my thought is that the Cosby camp will work is so arduously to suppress any of this. But I found a little hearsay exception. And that is that evidence of a statement by declaring having sufficient knowledge of a subject not made admissible by the hearsay rule if the declarant is unavailable as a witness.

There are other issues to it as well that might come into play. But does that affectively mean too bad. It is not going to be protected by hearsay. And it would be allowed in if any other women wanted to use it for civil cases.

MARK O'MARA, CNN LEGAL ANLYST: I think it's going to come in. In one sense if the state begins its interest because he seems to have admitted certain civil liability in that deposition in order to get the settlement done and that's going to mention against the interest and that's going to come in to hunt him.

So no question about that as Mark said I think now that there's a wage in that door of the deposition I think that they going to be able to bring it out. And here is a thing that the tide has now turned against Mr. Cosby there's no question about that. So those judges who are looking at this and realizing that for 10 years he gave a different story than what he told under oath. But probably going to be more willing to let that evidence out and they would be to protect it.

BANFIELD: Mark Geragos, we all looked carefully when Phil Spector was tried about the parade of women that were brought into that courtroom that all had the same kind of story as the victim in the murder case had.

And these are prior bad acts that typically aren't usually allowed in or behavior that's not allowed in the cases like this.

GERAGOS: Except in -- except right, except in California we have 1101 and 1108 at that evidence code which allows you to put all of the stuff in.

So for all of those women who feel like they're not getting their stories told, if there is prosecution here they're going to have kind of tsunami of choices of people to put on similar acts or like acts or motive type evidence. And that is what is so daunting about this.

And its also one of the reasons why I keep saying that the poor lawyer who was doing defending that depot with Cosby, the one that we've just seen the wage must have wanted to just tackle him when he started answering those question because that they had to know that that eventually was going to come out was eventually going to be a problem.

BANFIELD: Yeah. I keep wondering if was going to see the next line of things exhibit.

Mark and Mark, thank you both. It's good to have you both with us we'll have you back again. Thank you so much.

O'MARA: Thanks Ashleigh.

GERAGOS: Thanks Ashleigh. Hi, O'mara.

BANFIELD: All right. So coming up you've heard a lot about special prosecutors and the demand that special prosecutors come in when there's an issue between police and society. Well guess what. One walloping big state is about to make a big announcement about special prosecutors being the norm.

[12:45:02] Well explain in a moment.

(COMMERCIAL BREAK)

BANFIELD: The State of New York may have a way to eliminate the perception of bias when it comes to the prosecution of police killings, that's when polices kills civilian.

A special prosecutor is now going to handle those investigations when civilians die in confrontation with the police.

The governor of New York Andrew Cuomo just signed an executive order giving the state attorney general jurisdiction over these cases instead of the district attorneys who work closely with law enforcement everyday.

And joining me on the phone now, right now from New York is Governor Cuomo himself.

Governor thanks so much for being with us. This is pretty monumental given the fact that the Eric Garner anniversary, the anniversary of his death I think is next week, am I wrong?

ANDREW CUOMO, GOVERNOR OF NEW YORK: No, you're right Ashley, and it's a pleasure to be with you.

We've seen in New York but frankly we've seen all across the country, a growing number of incidents where you have mainly minority communities that tell that the state police, a local police have been on trial with them.

And one of the conflicts they point to, is the fact that local district attorneys, county attorneys, and to work very closely with the police departments. And then it's the same local district attorney who wines up the investigator and prosecutor for the police. And that that's either real or a perceived conflict of interest.

[12:50:14] And my point is look, without trust the criminal justice system doesn't work, without public confidence it doesn't work. The symbol of justice is a blind folded women on a statue, blind fold because she doesn't see color, she doesn't see race, she doesn't see income.

And what they're saying is there's a perception of bias. What we've done is we put the state attorney general who does not deal what the police day in and day out. And that person will handle any cases where there's a killing of a civilian who's unarmed or whether or not there's a question that the person was armed.

And that this will end that potential conflict and I think go a long way toward restoring trust in the system.

BANFIELD: Is this a trial effort. I know that this is sort of a one year deal, the executive orders to last for one year. What happens after one year do the D.A. gets the cases back?

CUOMO: I don't think so. The D.A. I wouldn't say they're exactly happy about loosing jurisdiction because they don't agree that there was any conflicts. But I think even the D.A.'s in New York, D.A. of course the country would agree that many people have the perception that there was a conflict.

And Ashleigh that in and on itself is a problem, if people don't have trust, let say in the criminal justice system, we have a problem.

BANFIELD: So governor.

CUOMO: And that's we continue across the country. BANFIELD: That perception issue. You know, I've worked in so many courtrooms over the last 10 years of covering legal news. And there are so many prosecutors who are -- who feel violated when police do bad things.

And would reject wholeheartedly the fact that the cozy relationship in prosecutions that prosecutors and police have extends when one of them goes bad, they are terribly offended at the notion that they could be considered biased towards the police when the police are accused of doing wrong.

So I just, I am curious about the reaction from the Cyrus Vance's of the world. This is got to be, you know, to them are you concreting that perception. And making that perception more real when the last thing I think many of them want is that perception to be felt.

CUOMO: Well I think what the district attorney's first is, you know, as you pointed out there's a large number of district attorney's we have 62 in New York alone.

But most of them will bristle at the fact that they are not objective. I was a former assistant district attorney so I have tremendous respect for the office.

We have district attorneys in New York who handled the 200 cases. But my point is look, it's not whether we're not there was a conflict. It's whether or not people perceive that there was a conflict.

And the perception in and on itself is a problem. It's like your business Ashleigh. Even if you don't have an actual conflict, if people think you have a conflict it hurts the credibility of the news broadcast.

So avoid even the appearance of a conflict, that's we have to propose for a lawyer.

BANFIELD: I have 30 seconds left. But I just wanted to catch you in the South Carolina vote if I can, the confederate flag suppose to come down tomorrow can you give me 10 seconds on that governor?

CUOMO: I think that was the right vote. I think it's the right signal, what I'm doing I think what suggest you will do bring down the anger, bring down the divisions, bring down the hostility and let's find ways to bring peace and ensure confidence. And I think the vote on the flag -- confederate flag was exactly right.

BANFIELD: It's great to have you on the broadcast, we'd like to have you more often and we really like working with you brother. Thank you Governor Cuomo.

CUOMO: Brother who? Thanks Ashleigh.

BANFIELD: I'm telling if you said that, you might be sleeping now.

Governor Cuomo is joining us live today.

Hey, thanks for watching everybody.

Next our Secretary State John Kerry is expected to speak about the ongoing Iran nuclear talk. We're going to take that live after this quick break.

(COMMERCIAL BREAK)

[12:58:17] BRIANNA KEILAR, CNN HOST: Hi there. I'm Brianna Keilar, in for Wolf Blitzer, it is 1 P.M. here in Washington, 7 P.M. in Paris and 8 P.M. in Baghdad, wherever you watching from around the world thanks so much for joining us.

We start in Vienna Austria where negotiators are working on in a nuclear deal with Iran. Earlier this week President Obama put odds on that deal at less than 50-50.

There are still significant stumbling blocks to a comprehensive agreement. And any moment now we expect to hear from U.S. Secretary of State John Kerry, the lead negotiator for the United States. He set to deliver remarks about the talks as this new deadline for an agreement near. It's really just hours away at this point.

Joining me now from Vienna is Senior International Correspondent Nic Robertson. Here in Washington we have Chief National Security Correspondent Jim Sciutto.

Nic, tell us where we stand in this negotiations?

NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT: It's behind close doors all day. Secretary Kerry has met with both the French prime minister today. We just heard from the French prime minister speaking outside here.

He also met for about 45 minutes earlier this morning with the Arabian foreign minister it's chief negotiating partner here if you will Mohammad Javad Zarif with also has had two meetings with the, well it's known as the P5+1. That's the British, French, German's, Russians, Chinese all in the same room with the E.U. foreign policy chief together they just wrapped one of those meetings. The sort of sequence that we've seen over recent days is that these are the sessions where everyone gets together and agrees the position.

So I think we'll likely to hear Secretary Kerry come out and articulate that position what really fail (ph) has been accomplished and what are the point does he come out and tell us that there are still key political decisions to be made by Iran. That's going to be the test on the measure of what is the known to accomplish so far.

[13:00:09] I suspect that something on those lines and we're going to hear shortly here Brianna.