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Legal View with Ashleigh Banfield

Bill Cosby Testifies Under Oath; Discussion of the Case Against Cosby. Aired 12:30-1p ET

Aired October 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)

[12:33:21] ASHLEIGH BANFIELD, CNN ANCHOR: Bill Cosby is forced into the hot seat today. He has been ordered, ordered by a judge to give a deposition in a civil lawsuit that's been filed against him by Judith Huff is who is here with her attorney Gloria Allred. That's Judith on the left, Gloria on the right. And Gloria is going to be doing some questioning of Cosby today.

The Ms. Huff claims that she was sexually assaulted by Bill Cosby while at the Playboy Mansion. But get this, I know you've heard a lot of stories and they're all very confusing is to who is who. But Judith was 15 years old. 15 she's this happened. That would be a minor, which is why her case can still be heard despite the statute of limitations.

There is a tweak to that as well, and some controversy over whether that is actually part of the deal, and we'll get to that in a moment, but look at your screen. There's a reason I've got 40 pictures up there, because all of these other women have also come forward and accused Cosby of some form of sexual battery or assault or rape, and one of the women who says that the comedian sexually assaulted her and raped her on several occasions is Barbara Bowman, she is an ambassador for PAVE a group called Promoting Awareness and Victim Empowerment, she's kind enough to join us today here on the program.

Barbara, thank you so much for taking the time to speak with. I appreciate it. Are you affecting...

BARBARA BOWMAN, BILL COSBY ACCUSER: Thank you. Yes.

BANFIELD: Anything. You know, so I'm kind of put myself in Cosby's shoes right now. I'm not sure exactly if it's on the west coast, there is some question is to where this deposition is actually happening. We'll have some reporting on that in a moment, but do you expecting anything like the bombshell moment that we got out of the 2005 deposition in which he was asked.

[12:35:03] "Were you, you know, when you got the Quaaludes was it in your mind that you were going to use this Quaaludes for young women that you wanted to have sex with?" And he answered "Yes" before his lawyer shut him down and all the other questions.

Do you expecting a moment like that today? BOWMAN: During the deposition that came out this summer was a shock to everyone. Did not expect it then, and I have no further expectations of what's coming out of this today. It will be a mystery for everyone. It will be interesting to see what happens.

BANFIELD: Yeah. And, you know, we all learned this week that it would remain sealed at least for I think 60 days. So we're not going to learn any time soon after Mr. Cosby emerges exactly what was said. But if you were in that the room, and you had a chance to fire a couple of questions, what would they be?

BOWMAN: I don't think I actually have a comment on that. I think that Ms. Gloria Allred will do a fine job, she'll find the right and appropriate questions for him.

BANFIELD: So there's so much back and forth that's already been litigated with regards to the Cosby camp saying this case shouldn't fall within the statute of limitations, it's technical, and I'm going to try and make it simple here, because there's a lot to follow for our viewers on the number of cases that have emerged but, you know, the statute of limitations for this woman would require her to have a memory repression issue, and they allege that she had shopped the story around years ago.

Therefore the memory wasn't repressed and therefore this case shouldn't be brought. So if they can get through those issues, do you see this, Barbara, as any victory for you just to getting Bill Cosby in a deposition, just getting him there?

BOWMAN: My journey through this process has changed a lot. When I came out in 2005 to support Andrea Constand, I found out there were 13 of us, and I thought that was the number. Up to that point, I thought I was the only victim. So I was quite shocked and surprised to find out that there were 13 of us, 10 of whom were Jane Does. And I made it my mission to come out publicly in the hopes that I could empower one woman, get one of the women to feel safe enough and courageous enough to come out of hiding and publicly share their story in support of me and Andrea and the two other women that had been public.

And I had no, no idea where we would be a year later. And it's been a quite interesting remarkable journey. And I'm so proud of all of the women that have had the courage to come out, and I'm hoping that the ones that have chosen not to at this time will change their mind.

BANFIELD: And so we had that picture up of 40 women. Listen, your journey -- we've been in a journey with you because every time that the allegations are made, we have had to go into vetting mode and we've had to go into vetting mode 40 different times with 40 different women.

I know you've brought up 57 different cases but even though it's hard to just do the research to get that cleared for television with so many women with these stories. Have you been approached by Judy Huff or Gloria Allred to testify if her case which is, you know, in deposition today ends up in a courtroom, and if so, how about others that you may know of? How many people have been asked if they'll be part of this?

BOWMAN: I have no idea, and I have not met Ms. Huff. And eventually maybe I will have that the opportunity. But that is between Mr. Cosby and Ms. Huff and Mrs. Gloria Allred. So I, you know, I have great hopes that everything turns out the way that the fate wants it to turn out. So, I will be just as curious to see what happens just like even else will be.

BANFIELD: Now Barbara Bowman, it's nice to be joined. Oh go ahead.

BOWMAN: And the thing is that we're all different -- yeah, thank you. I wanted to point out that we're all independent. We're all -- we've lived our lives independently. We never knew any each other at all until a couple of professional shoots or whatever that we needed to do together as a group. And it's been remarkable to meet them. I am proud of all of them, and we just don't know what the future will hold.

BANFIELD: Yeah. I'm glad this you brought that up, that you are all very different and your stories are different, and what so remarkable is how similar your stories are. It's really just sort of...

BOWMAN: Yeah.

BANFIELD: ... breathtaking the similarities.

BOWMAN: Yeah.

BANFIELD: And some might say those are pattern, and I'm sure that will be litigated in court as well. Barbara, thank you for your time today and we look forward to talking to you again.

BOWMAN: Thank you very much. All right. Good. Thank you.

[12:40:07] BANFIELD: So I touch on this just before I started speaking with Barbara and that is the statute of limitations has run out on most of the allegation against Bill Cosby. But the case that his being depose for today and a separate suit that was field earlier this week be the ones that finally brings him into a official courtroom. We're talking deposition today. Will he end up before a judge?

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BANFIELD: Bill Cosby is testifying for yet another deposition today for a sex assault lawsuit, but his testimony will stay sealed at least until December 22nd, and then we are not quite sure what's going to happen.

[12:45:08] But that's when California -- their courts there have plans to write review everything he says today in that deposition. All of those transcripts and then decide which portions or may or may not be confidential. Meaning you're not going to hear it

This is a big day for his accusers so we're bringing in our big players my colleagues, Jean Casarez who is a correspondent but a lawyer, CNN Legal Analyst Paul Callan and HLN Legal Analyst Joey Jackson also lawyer. First you Jean with the reporting on today's deposition. I just assumed since the allegation was this happened when she was 15, Judith Huff at the Playboy Mansion that the jurisdiction California and I would happen there and you found out not so fast.

JEAN CASAREZ, CNN CORRESPONDENT: I was able to confirm with a source close to case that the deposition actually is taking place not in California. Undisclosed location, undisclosed time, we don't know if it's going on right now, but it is not in California.

BANFIELD: OK, so for our viewers and indeed even for me who follow this case meticulously, I get confused as to whose, who and who's story is what against Bill Cosby. But the big players Judith Huff who's having a deposition today, Chloe Goins who filed a federal suit earlier this week, and then Andrea Constand who's name continuously comes up with regard to everyone cases.

Differentiate for me again the story with Judith Huff was.

CASAREZ: 1974 California, she went to a park, she met Bill Cosby along with her little friend. He invited them the next weekend to a tennis club ended up with the Playboy Mansion. She says she was sexually assaulted district attorney office said statute of limitation has run, no criminal charges, but Gloria brought the civil suit, because in California she was a child when it happened, the statute of limitations extends outward, so.

BANFIELD: As long as you have a repressed memory, right? And that's the issue that Judith was.

CASAREZ: And that is one of major issue, that causal connection right there.

BANFIELD: They're fighting like...

CASAREZ: Yes.

BANFIELD: Yeah, you have to have that repressed memory to bring that suit, but we say you were shopping that story, which tells us you didn't have a repressed memory.

CASAREZ: Right.

BANFIELD: Let me get into that with our lawyers and back (ph) but.

CASAREZ: Chloe Goins?

BANFIELD: That every case.

CASAREZ: Not that long ago.

BANFIELD: Also Playboy Mansion.

CASAREZ: Also Playboy Mansion, she was older about 18. Currently, we have confirmed, CNN has, an investigation is going on and maybe with the district attorney office whether criminal charges will be filed, but she filed a federal suit in court in California just last week.

BANFIELD: And then Andrea Constand.

CASAREZ: Andrea Constand, the leader of them all. 2004 she was an employee at Temple University. She says Bill Cosby sexually assaulted her, district attorney in 2005 refused to bring charges. Civil case brought, there was a settlement, a monitory settlement. But source close to Andrea Constand tell me that there has been a criminal investigation, the biggest secret they say. A criminal investigation going on to reopen that case.

BANFIELD: So that's two, two criminal investigation.

CASAREZ: And possible criminal charges in Pennsylvania.

BANFIELD: Gentlemen, let's talk about today. Cosby is walking in there. I imagine he is well briefed by his lawyer is to what to do and what not to do. First question to you Joey is what are the odds that this thing ends up in the courtroom to start with?

JOEY JACKSON, HLN LEGAL ANALYST: The odds could be very great. And let's go back from the beginning. You mentioned issue about repression. Now remember this it's important that minor has some recourse, so when something happens when you're a minor, perhaps you want to suppress it and you just don't want think about it because all that brings to you and all the emotion that applies. So under that statute if you could established through medical testimony and expert testimony that you did repress it.

But within the last three years it came to surface and he could make the argument base upon everything that's come out that it has come to the surface. Now you have viable claim, because I'm use people are saying wait a minute it's 40 years ago. What gives, how is this able to come out now? Based upon the statute it is able to come out. So the issue then become it's a question approved. Did it happened, when did it happen, how it happened, did he do it.

BANFIELD: I want to know what Cosby's lawyers and I'm sure there's a phalanx of them are telling him right now as this put on their suit, ties and polish their shoes and walk in to what is certain to hornet's nest.

PAUL CALLAN, CNN LEGAL ANALYST: Well, the first thing they'll probably told was, this case will never go forward because she was shopping the story originally and trying to shake down Cosby and settle the case 10 years ago.

BANFIELD: So what are they're telling him to say (inaudible).

CALLAN: So they're all shocked to be facing Gloria Allred. She's have two deposition what Donald Trump is to Republican politics. She's somebody who attracts headline, and she's somebody who knows how the ask questions. She's going to be under oath for the first time in many, many years asking him not only about the Judith Huff case, but other cases to see if there is a pattern of him using drugs and alcohol to get women into sexual situations. BANFIELD: And only just going to be on this stop edit button, stop no, you won't answer that. I mean, is that what we're going to do?

CALLAN: They're going to do that. But they may get in trouble with the judge because the role in deposition is that unless you're asserting the Fifth Amendment attorney-client privilege.

[12:50:03] BANFIELD: Correct (ph).

CALLAN: If the question could leader to discoverable evidence it's admissible.

CASAREZ: And it may asset the fifth base on another criminal investigation.

BANFIELD: Cannot wait for December 22nd at the very least. Thank you to all you. Paul, Joey and Jean. I do, appreciate it.

And stick around here because we do have some other issues. Coming up, shooting death of a little child made doubly tragic by the murder charge now filed against another child. She was eight when she died. And her killer is 11.

We're going to talk about this in a moment.

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BANFIELD: Unbelievable tragedy in the small town of White Pine, which just East of Knoxville, Tennessee, a little girl was buried yesterday and an 11-year-old was charged with her first degree murder. That's MaKayla Dyer who was shot and killed just weeks after 8th birthday in her own yard by a neighbor an 11-year old boy with a shotgun. The incident reported beginning over a fight regarding looking at a puppy.

[12:55:16] Here is what one of the neighbor had to say.

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WAYNE JOSTIN, NEIGHBOR: A little boy said he wanted to pet the puppies, and they said no and kind of laughed a little bit, you know, and giggled. That's when he pointed baby gun (ph) at them, then he hit misfired or something, you know, and he threw it down in the grass and he went and got the shotgun, and he just shot the little girl in the chest area or, you know, close to the heart.

(END VIDEO CLIP)

BANFIELD: As I mentioned, first degree murder charges now facing the boy, and he's in a juvenile detention center looking like what you're seeing right, there again 11-years-old according to the superintendent of the facility, he is tiny, 55 pounds, just think about it, little boy 55 pounds and in a cell like that right now, the youngest person being held in that facility. And on the other side of the tragedy, the victim's mother simply devastated. She said that she had had some trouble there with that boy earlier this year.

(BEGIN VIDEO CLIP)

LATASHA DYER, MAKAYLA'S MOTHER: This boy and Makayla I had to go to the principal about him, and he quit for a while. And then all of a sudden yesterday the little boy (inaudible) took my baby's life, I can't get her back. I wanted her back home. I want her back in my arms. This is not fair. When we first moved to White Pine, the little boy was bullying MaKayla, if I had to go to the principal about him, and he quite for a while and then all of a sudden yesterday, he shot her.

(END VIDEO CLIP)

BANFIELD: The White Pines school principal said he could not comment on any past incidents regarding this boy, a want to bring in our legal analysts Paul Callan and HNL Legal Analyst Joey Jackson.

First to you Paul, most people watching this story cannot believe an 11-year-old actually can be charged as an adult. How many states across the national allow this kind of thing?

CALLAN: I'm finding a reference to only three states that permit transfer at that young an age. And as a matter of fact, one of the other states that permitted it was Pennsylvania and World Record there. They did try an 11-year-old as an adult, and so it is theoretically possible in Tennessee as well.

JACKSON: I don't know how practical will be the -- for this reason and certainly may can beg to differ but there's a reason children are children. And now, the reality here is that it is tragic, it's awful. It's unimaginable to think about.

BANFIELD: Unimaginable.

JACKSON: Unimaginable, but I think that you'll see a lot of the medical testimony talking about how children cannot develop a fancy legal concept that we called mens rea, which is the criminal intent, the criminal mind and so many of the statutes treat children differently because of that. Do they actually and can they appreciate the nature of what they're doing not in a sense of mental illness appreciation but in the sense they're watching cartoons, they are children.

BANFIELD: We are looking for retribution an 11-year-old, is he not rehabitable?

JACKSON: You know, that attitude.

CALLAN: The true of the matter is shouldn't be adult who let him have access to a gun...

BANFIELD: Yeah.

CALLAN: ... to a gun be the one.

JACKSON: Yes.

BANFIELD: Child endangerment.

CALLAN: Who's responsible.

BANFIELD: So the first I think I thought. I don't know what the gun issue is, a lot of people said there's no gun issue with regard to how this father...

CALLAN: Well, you had an...

BANFIELD: Did not lockup a loaded 12 gauge in a tiny little trailer with a boy like this.

JACKSON: Right.

BANFIELD: But child endangerment sounds legitimate.

CALLAN: Well, the child endangerment and also is it reckless to leave a loaded shotgun where an 11-year-old kid can get access to it. This young man grabbed it and used it to shoot another child. I mean, that's sounds like reckless to me.

BANFIELD: So what was going to be Joey? What would be (inaudible) against his father?

JACKSON: Absolutely. As Paul noted it's reckless endangerment charge, because what you're looking at, what is recklessness? It's when you consciously disregard the risk in the event that you have a gun that is unsecured in the location where there's a child who can gain access to it.

BANFIELD: loaded.

JACKSON: Clearly, absolutely. Clearly that meets that definition. So not only would you be looking at the prosecution of the child whether it's an adult or it's in juvenile court. I think that remains to be seen, because of the medical evidence and information to be proffered, but also you're looking at prosecution of the adult who should have control and supervised the child as well as the weapon.

BANFIELD: And then there's of course potential civil litigation, but it looks from the circumstance that we're seeing that any kind of civil suit may not yield much for this child.

CALLAN: No, he's living in a trailer home, so how much he probably doesn't have insurance. So yeah.

JACKSON: And at the end of the day Ashleigh, what does the mom want?

BANFIELD: What do you want to get. You want your baby.

JACKSON: They want your child, right.

BANFIELD: She want her baby and you're not (inaudible).

JACKSON: And money is insufficient.

BANFIELD: Thank you, guys. And it's just confounding how this could have happened. Paul and Joey, thank you.

CALLAN: Thank you Ashleigh.

BANFIELD: And thank you everyone for watching. I appreciate having you here with us on this Friday program.

[13:00:00] My colleague Wolf Blitzer takes over the helm right now.