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Bill Cosby Arraigned On Sexual Assault Charges; Press Conference With Gloria Allred. Aired 2:30-3p ET

Aired December 30, 2015 - 14:30   ET

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

[14:30:01]

BROOKE BALDWIN, CNN ANCHOR: So we're all watching this together. I have Paul Callen and Joey Jackson with me. I don't even know where to begin.

UNIDENTIFIED MALE: You know we could -- the one thing we haven't commented on so far, while we wait for him to get out of the car, is they've done something very unusual in this case. The Cosby people. They filed countersuit against all of these claimed victims.

BALDWIN: Just this month they did that.

UNIDENTIFIED MALE: Yes they did that and we see now that the fact that he testified in a civil deposition, a suit over money, is now being used to indict him in a criminal case. So you have to wonder, why did the attorneys let him testify in that case? Why didn't he assert the Fifth Amendment? And now what's he going to do in his own case against all of those women? Will he testify or not? Or, will he take the Fifth Amendment in his own lawsuit? So, it's going to be a very complicated case.

BALDWIN: Look at all these members of the media here waiting for that shot of presumably Mr. Cosby himself getting out of this -- I'm being told in my ear, indeed it is his SUV. Let's watch and wait as we watch for Bill Cosby himself. And I think as we watch for him -- let's just actually, let's look at some of the questions being shouted.

I can't tell you for sure. My only guess was that was Bill Cosby himself, we can get confirmation -- yes, indeed, it was. And, there he went. I mean the pressure in one sense is tremendous as we've been covering this story. I mean, what, 50 different women have come forward with different stories of accusations involving some sort of sexual assault against this man spanning some four decades. And back to -- the key point here is what he said in that deposition that led this district attorney in this county in Pennsylvania to say, "Hang on a second. Let's take another look. Let's walk through what he said."

UNIDENTIFIED MALE: It is, Brooke. Because, we have to remember initially, the initial District Attorney, Mr. Cantor who evaluated the case back in 2005 felt there was insufficient evidence to move forward based upon what he knew at that particular time. Now of course you have the civil deposition where in Mr. Cosby was deposed, that is asked questioned under oath by a lawyer concerning what at any contact he had Ms. Constand, when he had that contact, when it occurred, where it occurred. Under which circumstances it occurred. And he made some pretty damning admissions in that deposition that the new district attorney ultimately is using against him.

BALDWIN: Let's get specific and reviewing some of that before I came on. So in this deposition Cosby said, he talked about, he admitted giving women Quaaludes. He suggested he was good at picking up on a woman's nonverbal cues that signal a woman's consent. Said that he restrained from actual sexual intercourse to avoid romance. And that's just some of what I can sort of share on air here. But that's part of what, you know, led this current district attorney to, what? I mean explained in, Paul, of reopening a case.

UNIDENTIFIED MALE: Well, you have a 12-year statute of limitations...

BALDWIN: Which is about to run up.

UNIDENTIFIED MALE: ... in Pennsylvania. And -- yeah, today. Tomorrow, I think it's done. So they had to announce this today. The first district attorney when he initially looks at the case didn't have the benefit of the deposition in which Cosby said he bought Quaaludes specifically for giving them to women that he intended to have sex with. He confirms a sexual relationship with the woman in this case, with Ms. Constand and so he corroboration key aspects of the case. Now of course Cosby's defense is going to be that this was a consensual relationship and that Ms. Constand was not comatosed or...

BALDWIN: Forgive me for interrupting you, we just -- so we have absolute confirmation, here he is from the other side of this darkened SUV, arriving here at this courthouse in Elkins Park, Pennsylvania. And Paul, forgive me, let me just pull away from you because I understand Spencer Kuvin is still with us. He is an attorney for another woman making, you know, sexual assault accusations against him as well. And Spencer, I mean here he is, after all these women who come forward and again he is denying, you are innocent until proven guilty. Seeing this picture, your response?

SPENCER KUVIN, ATTORNEY FOR COSBY ACCUSER CHLOE GOINS: Well, I can tell that you my client was both happy and teary-eyed to see this finally come to fruition. She knows what she went through. She knows what he did to her. And to see him finally come to justice is really some sense of peace.

[14:35:04] Now her case is still pending at the L.A. District Attorney's Office. And the L.A. District Attorney has advised us that they are aware of what was going on in Pennsylvania. So they were watching it very closely and speaking with the prosecutors there. So we are still hopeful that my client's case, which is one of the only other ones, if not the only other one that is within that statute of limitations will also be brought. She like to see him brought to justice both here in L.A. as well as in Pennsylvania.

BALDWIN: Do me a favor and just remind us of her allegations, of what she says happened to her. KUVIN: In 2008 she was invited to a private party at the Playboy

Mansion. When she arrived there at the mansion she walked in and was introduced directly to Mr. Cosby and Mr. Hefner. Mr. Cosby then asked if she would like a drink. He went off, got a drink, came back. Gave the drink to her. She began having a few sips of it. And within a short period of time she started to feel nauseous, light-headed, dizzy. Mr. Cosby offered to take her to one of the bedrooms in the mansion.

Mr. Hefner said, go ahead. They then went off into a bedroom. And on her way there she passed out. She doesn't remember anything at that point. She blacked out. The next thing she recalls is waking up in a complete state of undress, laying on a bed with Mr. Cosby over her performing acts that we really just can't talk about on T.V. She immediately got up and ran out of the house at that moment.

BALDWIN: Spencer, stay with me. Tom Mesereau, let me bring you back in, defense attorney who defended famously Michael Jackson. I understand, I just been told in my ear that the judge inside of this courtroom has -- he's been seated, Bill Cosby is seated alone. Why would that be?

TOM MESEREAU, MICHAEL JACKSON'S FORMER DEFENSE ATTORNEY: When you say alone, you mean no one allowed at the courtroom?

BALDWIN: Alone at the defense table.

MESEREAU: I don't know the situation. I'm not involved. When he walked into the courtroom, I saw him with an attorney. I think she's been his attorney for quite a while, Monique Pressley. I didn't know what the situation is. Clearly he has the right to criminal defense council at an arraignment and clearly one will be appointed if he doesn't have one retained. So, I don't know the situation well enough to comment any further than that.

BALDWIN: I just thought it would be worth asking you why. Curious, but perhaps it's not at all. I'm being told also that the judge is a woman. As I get more information, I will let everyone know. But, you know, Tom, you know, you represent a very important piece of this, as a defense attorney and listening to Mr. Kuvin talking about the allegations from his client, one of few who still in the statute of limitations window, I'm just curious if you would have any comments for him?

MESEREAU: Well, I mean, he knows his case better than I do. I'm not involved in it, I'm at a distance. But from my point of view, Mr. Cosby is presumed innocent. These are mere allegations. In the case of civil litigation, it's obviously money is the issue. His client wants money. And, that will be an issue in this case too, because the alleged accuser wanted money, and I believe was paid money.

And financial gain can come into cross-examination as a form of bias. In the Michael Jackson case, there were people who testified who we claimed wanted money. Wanted to use the criminal justice system as a way to get a conviction and then walk into civil court and obtain money. So, all I can tell you is from my vantage point, I think this man is absolutely presumed innocent. I question why these women waited 40 years. And all jumped on the bandwagon at once. Something doesn't smell right to me.

They all need to be thoroughly investigated as it why they met him, where they met him, what they wanted, what their behavior was at that time in their lives. Were they using drugs recreationally? Have they made accusations like this before? When they make claims? Why they made then at that point. A lot of work needs to be done on every single accuser. And I repeat, this man is presumed innocent and he has not been convicted of anything. These are mere allegations and we'll see if they stand up.

BALDWIN: Spencer, do you want to respond to that?

KUVIN: Yes I, you know, again, with all due respect, while he is presumed innocent, obviously in the criminal...

BALDWIN: Oh, we lost him. Joey, jump in.

JOEY JACKSON, CNN LEGAL ANALYST: Well, his point, one point that's significant to be made, is we don't know the extent to which other women will be allowed to testify in court against him. Now, remember this, Brooke. Cases are about what they're about. [14:40:03] What do I mean by that? Any evidence that would go to show

that you had a propensity to commit an offense because you did something to some other woman at some other place and some other time is really going to be looked at and evaluate by a judge, it's called a prior bad act. Those bad acts generally would be excludable if they go to show the propensity. Just because you did something last week that was the same as you did today doesn't mean you did this. And so I think the defense will really be looking to limit the extent to which other people who are accusing him can testify.

It will really come down to the issue of the prosecution of course is going to want that testimony. They're going to say, no, your honor, this goes to a consistent plan, it goes to a theme, it goes to intent. It goes to the commonality of his modus operandi, but evidence being admitted like that is so overwhelmingly prejudicial that a judge is really going to have to evaluate whether it's worth to let that prior bad evidence in to this particular case.

BALDWIN: In addition to all of that, I'm also just curiously optics of all of these, will there even be cameras allowed. I have so many more questions. Tell me he again. Okay, forgive me. I'm being told, Spencer, you are back. This is what happens on television, in satellite windows, I never would understand. Spencer, I would love for you, if you can -- were you able to listen to Tom Mesereau, I mean..

KUVIN: I did.

BALDWIN: ... you know, when he was saying -- I really want to hear your response.

KUVIN: I did. And again, with all due respect to Mr. Mesereau, you know, the volume and breadth of cases that have brought and the allegations that have been brought by the number of women that have now come forward against Mr. Cosby is just staggering. Obviously this number of women coming forward with the same exact claims of being drugged and sexually assaulted, abused, raped and otherwise really speaks volumes as to what actually has occurred over this time.

You know, and one of the other things that's very important is, my client is not one of the people that his attorneys have chosen to sue for defamation. I think that also speaks volumes as to certain allegations against him in certain cases that are pending. So, I think it's very important for everyone to understand that while it is correct, you have a presumption of innocence when you have this mountain of evidence against a criminal defendant, it does add up.

And, you know, with all due respect also to the prior bad act issue, there is another rule of law called modus operandi and habit evidence. When we as lawyers are able to show that someone has a pattern, a pattern of behavior, much like a serial killer, a signature like Mr. Cosby has, then that can be used against him in court and all of these victims can come forward and tell their stories.

BALDWIN: As I speak, Bill Cosby is inside of this courthouse there in Elkins Park, Pennsylvania. This is the first criminal charge brought against him, amid all these different accusations that have emerged through the years here. Quick break. We're back with our breaking news after this.

(COMMERCIAL BREAK)

All right, we're cutting out of break to make sure we show you, Bill Cosby is already emerging from the courthouse. As you can see getting a little assistance down this walkway here in Pennsylvania as he's already left. He's been in there for gosh, maybe 6, 7, 8 minutes, for this arraignment. Still waiting to hear word as far as bail, as that would be set by the female judge. Again, getting color from the courtroom apparently he was seated at the defense table by himself and he is already amidst a fury of media, law enforcement, barricades here already leaving. Bill Cosby, in and out. Joey Jackson. Thoughts? That was quick.

JACKSON: Yes, it was. And, again, as we were speaking about, Brooke, an arraignment is merely that. You're informed of the allegations as they exist against you. You're allowed to enter into the plea, of course not guilty. Thereafter the judge makes a determination on bail and then you leave. It's not a form that you air your case, that you talk about opening statements, what evidence will show. From a defense perspective what the evidence won't show. And so it's not largely unanticipated that this went how it went.

Of course moving forward, I think we will see a lot of pretrial proceedings here, dealing with how the case will be handled and maybe, you know, appearances as we go on. It will be more colorful than this.

[14:45:00] BALDWIN: Let me jump away from you and go straight to Gloria Allred who is representing 29, not Andrea Constand but representing 29 others alleged victims here. Let's listen. GLORIA ALLRED, VICTIMS'S RIGHTS ATTORNEY: ... is the best Christmas present they have ever received. The allegations in the Pennsylvania criminal case against Mr. Cosby relate to conduct that Mr. Cosby is alleged to have inflicted on Andrea Constand in 2004. And is within the Statute of Laminations, , SOL, for prosecution in Pennsylvania.

Unfortunately, for most of the women who alleged that they are victims of Mr. Cosby, it is too late for their allegations to be the subject of a criminal prosecution or a civil case because of the arbitrary and restrictive time limits set by law. We are working in many states to eliminate the Statute of Limitations or to lengthen the time limit for criminal prosecution of rape and sexual assault. While I do represent 29 alleged victims of Mr. Cosby, I represent only one in a civil lawsuit.

My client, Judy Huff, alleges in her lawsuit that she was 15-years-old when Mr. Cosby victimized her at the Playboy Mansion. We took Mr. Cosby's deposition in Ms. Huff's case, in October 2015 in Boston. The court has ordered a protective order on that deposition. For that reason we are unable to comment on what Mr. Cosby said in his deposition in this case. I can say however, that earlier this month, we filed a motion to compel a second deposition of Mr. Cosby.

Our motion was based in part on his refusal to answer certain questions in the October deposition. That motion is filed under seal and is scheduled to be heard on February 2nd, 2016 in Department and of the Los Angeles County Superior Court. We are also scheduled to return to that court on February 26th, 2016 for a status conference and issue of the protective order may be discussed at that time.

Further, our client's depositions will be taken by Mr. Cosby's lawyers in 2016 and we have scheduled and noticed a deposition of another person in the case for February. It is very significant that the Montgomery county district attorney felt that the case against Mr. Cosby was strong enough that it could meet the standard of proof in a criminal case. That standard of proof is proof beyond a reasonable doubt. This is a much higher standard of proof that is required in a civil case.

In our civil case, on behalf of Ms. Huff, our burden of proof is much lower. To prevail we need only prove our case by a preponderance of evidence or by clear and convincing evidence if we are seeking punitive damages. Both standards of proof are less than are required in a criminal case. I'm very proud of the courage of my client, Judy Huff, and all of my clients who have chosen to speak out in the court of public opinion and who are seeking to eliminate the Statute of Limitations or lengthen it in their states.

A bill to eliminate it in California will be introduced in January and I am supporting that bill and working with the Senator, Senator Leyva, who will be introducing it. So many women who alleged that they are victims of Bill Cosby have cried out for justice for so long. In Pennsylvania there's now a journey to justice in the felony case filed against Mr. Cosby. I'm very happy that this day has finally come. Mr. Cosby deserves a fair trial. But so did Andrea Constand and the people of the State of Pennsylvania. Mr. Cosby was born in Philadelphia. And I was born there as well. He attended Central High School, an all boys all academic public high school. I attended girls high, all girls, all academic public high school, a few blocks away. He went to Temple University in Philadelphia. I'm a graduate of the University of Pennsylvania in Philadelphia. He came to Los Angeles in the '60s. I also moved to Los Angeles in the '60s. Our paths never crossed until his deposition in October in Boston.

[14:50:00] But I will now be carefully monitoring the progress of his criminal case. If the prosecutor decides it is relevant and admissible to call any of my clients as witnesses in the criminal case, I know that many of my client will be willing to testify. And we look forward to a just result. And before I take questions -- so this is a copy of the arrest warrant Commonwealth of Pennsylvania versus William Henry Cosby. And this is from the criminal docket in that case.

All right.

(OFF-MIC)

OK, so I'm happy to answer some questions.

QUESTION: Is there anything that was said or gleaned out of that deposition on October that may have tipped the scale to the D.A.?

ALLRED: The district attorney and law enforcement in Philadelphia do not have a copy of our October deposition. Because it is a subject of a protective order. So, I have not been able to provide it to them and they have not obtained it. Had they obtained it, I would know about it and the court would have had to order it and I would have had notice of that.

QUESTION: How come only 1 of the 29 clients have filed civil cases against Mr. Cosby?

ALLRED: As I've indicated, for most of my client, the Statute of Limitations has barred them, prevented them, from proceeding with a civil lawsuit. In other words, it's too late. They could file it, but then Mr. Cosby, as an affirmative defense, could assert the Statute of Limitations, the case would be dismissed. So there's no point in filing that which would be dismissed. And there would be no trial.

QUESTION: Even in a civil case?

ALLRED: That's a civil -- there is a Statute of Limitations in civil cases and there's a Statute of Limitations in criminal cases. We have 50 states in the United States. There are a variety of Statute of Limitations. There are often different Statute of Limitations in one state for criminal prosecution and even for a civil lawsuit. Different Statute of Limitations for a civil lawsuit by an adult survivor, of child sexual abuse which is what is alleged in our Judy Huff case, or for an adult survivor of adult sexual abuse. It's different in every state. In Nevada, one of my clients Lisa Lovlin and I testified before the Nevada legislature and sought to eliminate the statute of limitations for criminal prosecution of rate in Nevada. The bill was amended. It didn't eliminate it but it did lengthen it. And then we ere with Governor Sandoval when he signed it into law, which we very much appreciated. And, so, Lisa was a real hero for making sure that she found an author for the bill and then it went through the Nevada legislature and now we're are doing that in California. And I'm sure you'll -- I believe you'll be will hearing more about that next week.

And there's also an effort in Colorado by one of my clients, or two of my clients there. And I have spoken to the legislator in Nevada at a meeting. And that, I believe, will also be proceeding in Colorado. And I know I have clients in other states to trying to do the same.

(OFF-MIC)

QUESTION: ... we often say and rightly so until today, Cosby has never been charged with any offenses. Because we've been saying that, talk about charges filed against him today, what do you think is the significance of...

(OFF-MIC)

ALLRED: I'm not sure if it is symbolic. It is real.

QUESTION: Well no, I understand...

ALLRED: I know, and I know you do understand that. But I'm just saying, I think it's significant. Because, this is unprecedented, for so many women who alleged that they are victims of one rich powerful famous man to have spoken out in the 40 years of law practice that I've been engaged in, I've never seen anything like this.

[14:55:00] And, some of them have been very upset that there's never been a criminal prosecution and we're not sure if there ever would be. So, I'm very happy that this case has now received new and close scrutiny, and the district attorney in his news conference this morning, first assistant district attorney, soon to be district attorney, Kevin Steele, was very clear that in part some of the evidence looked at was based on his deposition that Mr. Cosby provided in the Andrea Constand lawsuit which was released earlier he this year.

So, I'll make two points about that. One is, I am admitted in Pennsylvania in the Andrea Constand case seeking to have the entire deposition released because that was just excerpts. And the court has now admitted me. Federal court there. I don't know whether the entire deposition will be released to the press. I know he some people have it.

And now I know that Mr. Cosby's lawyers will be saying and some defense lawyers not representing him, but who have taken to the air waves this morning, have indicated, well, Mr. Cosby never admitted -- well, Mr. Cosby never admitted giving Quaaludes to any woman without her knowledge and consent. Well, that's true. And that because in his deposition he did indicate or admit or state, testify, that he did give Quaaludes to some women with the intention of having sex. However, when he was queried, when he was asked if that was without their knowledge or consent, he did not answer the question because there was an objection by his attorneys to the question. So that's true.

I want to say one other thing, this is something I heard also, a defense attorney shall remain unnamed, say on television this morning, which was, well, she filed -- Andrea Constand filed a civil lawsuit against him, she was seeking money. And -- so somehow that goes to her credibility. Well, it's true that it can be used by the defense, they can assert there's bias. But it doesn't mean that it didn't happen. That what she alleges didn't happen. Because any alleged victim of digital penetration or indecent assault or rape, has the right to file a civil lawsuit. In addition to, speaking with law enforcement and asking that a charge be labeled against the same perpetrator or alleged perpetrator, against whom she filed a civil lawsuit or intends to file a civil lawsuit, that happens frequently.

So, I just had it say that because I know that's going to be a theme, a rallying cry, by many defense attorneys. OK, and I don't represent Andrea, that's obvious. But I do have a lot of respect for her and her attorney.

QUESTION: Gloria, I think another theme...

(OFF-MIC)

... can you talk about that, the mindset (ph)?

ALLRED: Yes. Well, I will repeat your question which is that, well, Andrea waited some months, maybe a little longer to make the allegation against Mr. Cosby. Of course we always encourage a person who is an alleged victim of an assault, or rape or any other indecent act, to seek the advice of an attorney first and also go to law enforcement and report. She was within the time limit to do that. If it took months, that's still OK. There is no law that says it needs to be done the very next day or within hours.

I don't know why she waited. I don't criticize her for that. Often for many victims and I represent victims every single day, all over this country, often groups of rape victims that I'm representing, she's not alleged to have been raped here.