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Bill Cosby Charged with Sexual Assault; Interview with Gloria Allred; Terror Fears Cancel Festivities in Brussels; NYC Ramps Up "Extraordinary" Security; "Affluenza" Mom Now Back in United States. Aired 9-9:30a ET

Aired December 31, 2015 - 09:00   ET

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

(BEGIN VIDEOTAPE)

[09:00:09] DEBORAH FEYERICK, CNN ANCHOR: Happening now in the NEWSROOM. Criminal charges for comedian Bill Cosby.

UNIDENTIFIED REPORTER: Mr. Cosby, anything to say?

FEYERICK: He may not have a lot to say but his accusers do.

UNIDENTIFIED FEMALE: I'd like him to own up.

FEYERICK: Why bring charges now?

KEVIN STEELE, FIRST ASSISTANT DISTRICT ATTORNEY, MONTGOMERY COUNTY, PENNSYLVANIA: This is the right thing to do.

FEYERICK: This morning, I'll talk to one of those accusers.

Also, it's already 2016 in parts of the world.

As we count down, police ramp up.

UNIDENTIFIED MALE: New Year's Eve in New York City will be the safest place in the world to be.

FEYERICK: Metal detectors. Sealed manhole covers. What's being done to keep your celebration safe?

Plus, the affluenza teen's mom back in the U.S. Her son? Still fighting to stay in Mexico. But what is his end game?

Let's talk, in the CNN NEWSROOM.

(END VIDEOTAPE)

FEYERICK: And good morning, everyone. I'm Deborah Feyerick in for Carol Costello. Thanks so much for joining me.

No surprise and unjustified. That's how Bill Cosby's lawyers are describing criminal charges against the comedian for sexual assault. This was the dramatic scene on Wednesday as Cosby tripping as he

entered the courthouse with his legal team by his side for his arraignment. It is the first time after decades of accusations by at least 50 women that Cosby has been formally charged.

Today Cosby is out free after posting a million dollars bail. The charge against him stemmed back to a 2004 incident involving a former Temple University women's basketball employee Andrea Constand. And new this morning we're hearing from Constand who tweeted, quote. "Let's all stay classy please. That includes anybody who may be inserting their opinion as to whether anything was fully investigated, period."

Constand says that Cosby drugged then sexually assaulted her after slipping her a cocktail of wine and pills that left -- in her words paralyzed. But Cosby's legal team insists the comedian is innocent.

(BEGIN VIDEO CLIP)

MONIQUE PRESSLEY, ATTORNEY FOR BILL COSBY: There's nothing in that deposition where Mr. Cosby admits to committing any crime. In fact he denies it vehemently and speaks specifically with respect to this incident.

And he's a 78-year-old blind man who they have chosen to charge. That is not a defense to a crime. That is just a fact.

(END VIDEO CLIP)

FEYERICK: Well, let's get right to CNN's Jean Casarez. She's in Elkins Park, Pennsylvania, where Cosby was arraigned yesterday.

Very interesting, Jean, to hear his attorney call him blind 78 years old. These charges happened a decade ago. So why this case? Why now?

JEAN CASAREZ, CNN CORRESPONDENT: Why now? Well, prosecutors in filing the charges legally must believe beyond a reasonable doubt that they can prove to a jury the evidence that they have now. Furthermore the statue of limitations has not expired. They can still bring the case and as we saw in the press conference the deposition that was unsealed during the summer that presented new evidence I believed to them which allowed the case to be reopened.

And it was this courthouse right behind me, he walked straight through that door, now defendant at the arraignment of Bill Cosby.

(BEGIN VIDEOTAPE)

CASAREZ (voice-over): Once America's beloved TV dad, now disgraced comedian Bill Cosby, arm in arm with his legal team, stumbling as he arrived for his arraignment in Pennsylvania Wednesday.

UNIDENTIFIED MALE: Mr. Cosby, anything to say?

CASAREZ: Facing criminal sexual assault charges for the first time. The 78-year-old released on a $1 million bail for three counts of alleged aggravated indecent assault of Andrea Constand in 2004. The Montgomery County D.A. filing the charges before the 12-year statute of limitations was set to expire in just weeks.

Constand worked with Temple University's athletic program and considered Cosby, 37 years her senior, a friend and mentor. She accuses Cosby of drugging, then assaulting her when she visited his Pennsylvania home.

STEELE: Mr. Cosby urged her to take pills that he provided to her and to drink wine.

CASAREZ: In the complaint, Constand says Cosby told her the pills were herbal. After taking them, she felt dizzy, nauseous, frozen, paralyzed, but was aware of Cosby fondling her breasts and putting his hands into her pants. Though she came forward in 2005, the district attorney did not file charges, citing lack of evidence. Constand filed a civil suit against Cosby, forcing him to be deposed. He settled the suit with her, the terms of which were sealed. In his own words unsealed this July and the original criminal case reopened.

In it, Cosby admits to giving women Quaaludes but never without their knowledge. Constand, the first to publicly come forward accusing Cosby. Since then, some 50 women have come forward with similar allegations over four decades, hoping now they may finally get justice.

[09:05:09] GLORIA ALLRED, ATTORNEY FOR 29 BILL COSBY ACCUSERS: For many of my 29 clients, seeing him criminally charged and having to face a trial is the best Christmas present that they have ever received.

CASAREZ: The comedian has repeatedly denied any wrongdoing and has yet to directly answer a question about the allegations.

BILL COSBY, CHARGED WITH INDECENT ASSAULT: There's no response.

CASAREZ: But in May, he tells ABC News --

COSBY: I've never seen anything like this. And reality is the situation. And I can't speak.

CASAREZ: In a statement, his attorneys called the charges, quote, "unjustified," and vowed that he will, quote, "be exonerated by a court of law."

(END VIDEOTAPE)

CASAREZ: And the preliminary hearing is set at this point for January 14th. It is true that there recently was a brand new election. Kevin Steele has now been elected as the new district attorney for Montgomery County. And there were some political slings in the -- in the campaigning.

We want to show everybody a little bit of Kevin Steele ad as he was running for district attorney. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The district attorney in Montgomery County, Kevin Steele. First assistant D.A. with a 98 percent conviction rate and tough sentences for sexual predators. Or Bruce Castor, a former D.A. who refused to prosecutor Bill Cosby. Castor said we don't charge people for making a mistake or doing something foolish. Many more victims came forward and Castor admitted he could have used their testimony against Cosby. But Castor didn't even try. Bruce Castor was not looking out for the victims.

(END VIDEO CLIP)

CASAREZ: And Bruce Castor, who opted to not bring charges in 2005 obviously lost the reelection to assume that position again right now. As part of the campaigning, though, he said that he publicly had an agreement with Bill Cosby to not use that civil deposition against him from 2005. We repeatedly put phone calls in to ask him for documentation on that. What agreement? Where? Is it -- can we see it? Never got a response.

But, Deb, one thing that is also interesting in regard to Bruce Castor is that he wanted to resume this post but he still believed there wasn't enough evidence. But the fact is Bill Cosby had given that statement to police in 2005 basically admitting sexual contact with Andrea Constand but saying it was consensual. So the evidence that Bruce Castor didn't have may have possibly been that he didn't believe the accuser.

FEYERICK: And very interesting. The accuser actually sued Bruce Castor saying that he was essentially defaming her, saying her accusations just were questionable.

All right. Jean Casarez, thank you. We appreciate your insights on this.

CASAREZ: Thank you.

FEYERICK: And today many of Cosby's accusers speaking out and reacting to the charges.

(BEGIN VIDEO CLIP)

VICTORIA VALENTINO, COSBY ACCUSER: My first reaction I was just sort of in shell shock. Relieved. Elated. Emotional. I think when I saw the mug shot I started to cry. It was -- it just hit me so hard. And I really didn't anticipate that I was going to react that way.

PATRICIA STEUER, COSBY ACCUSER: I just started to cry. And we were in a public place, my husband and I. And I just put my arms around him and stood there and cried. It was very, very emotional for me.

(END VIDEO CLIP)

FEYERICK: And among the reactions to yesterday's bombshell announcement, the "Daily News" cover inside the publication it refers to Cosby as America's predatory step uncle. And you can see the cover there saying, he said, she said, she said, she said, she said, she said, she said.

Let's bring in victim's rights attorney Gloria Allred. She currently represents 29 women who say they were violated by the comedian.

And Gloria, you said that this announcement was the best Christmas present for your clients. But there's still away to go. This has to be proven in a court of law. What was their reaction ultimately?

ALLRED: Right. But also the fact is that this case will be tried in a court of law and that's what, you know, many of my clients had hoped would happen. Because they think that it is time for a judge and a jury to hear this case for Andrea Constand to have an opportunity to testify. Of course for Mr. Cosby to testify, unless of course he decides to invoke his Fifth Amendment privilege against self- incrimination.

And apparently, I mean, this is what Mr. Cosby's attorneys have been calling for, for a long time. They have been saying well, he hasn't been charged with any crime. And you know, there is no court finding against him. So now he's going to have his opportunity to be in court.

[09:10:08] Of course he may also have that opportunity in the lawsuit that we are litigating, the civil lawsuit on behalf of Judy Huth. We also took his deposition but that is a subject of a protective order and still under seal.

FEYERICK: Now part of the case for prosecutors obviously is going to be a lot of information, the witness testimony, the evidence that was put together for this civil case. In a civil case, as you well know, it's a preponderance of evidence. In a criminal case it's proof beyond a reasonable doubt. So how do prosecutors go about showing that Cosby drugged these women given that no blood tests were ever taken, for example.

ALLRED: Well, I think in the case of Andrea Constand, looking at his deposition, which is his sworn testimony under oath that he gave in that civil lawsuit. He admits sexual contact with Andrea Constand. He admits giving her pills, although he says it is Benadryl. And his suggestion in essence is that she didn't say no and therefore he felt that he could proceed with the sexual contact.

Of course the important point and that was made by assistant D.A. Kevin Steele yesterday, soon to be the elected D.A. of Montgomery County, is that if in fact she was incapacitated by pills, she could not consent, she couldn't say yes, she couldn't say no. She alleges that she was paralyzed, couldn't say anything. And then that would constitute if believed by the jury indecent sexual assault, aggravated sexual assault.

FEYERICK: Cosby's lawyers are going to eviscerate some of these women who have said they want to testify against them. That is a pretty brave thing for these women to come forward. Are they up to the challenge of giving this testimony when the response by his lawyers is as we can anticipate going to be brutal?

ALLRED: I do imagine that it will be a very, very vigorous cross- examination of any other women who may be called as witnesses, who may be called because they may have alleged or do allege same or similar conduct by Mr. Cosby, if it's relevant, if it's admissible. And if the prosecution thinks it might assist them in supporting the idea that there was a common scheme and plan. That in fact Andrea is credible.

Then I think that many of these women have indicated, I know they have, at least to me, that they are prepared to testify. They are going to demonstrate that kind of courage. They are going to tell what they say is their truth. And Mr. Cosby's defense team, highly paid army of lawyers, will have an opportunity to examine them. But I do think that they will be ready. And they know that they have a duty really to participate in the justice system, in a criminal trial if they are subpoenaed as witnesses and they will do so.

FEYERICK: Gloria Allred, as you say the fact that he has now been charged in a court of law, now these women will have their say against him. Thank you so much.

And make sure to stay with us because next hour I'm going to be speaking to one of Cosby's accusers live and get her reaction to the charges.

And counting down in the United States as the other side of the world already welcomes in 2016. This is Sydney, Australia where revelers welcomed the New Year just last hour.

But today old traditions are tempered by new fear. In Brussels, Belgium a heightened terror alert has canceled public festivities, even fireworks. The prime minister essentially saying with investigations under way and information coming in every hour it seemed the right thing to do. At least two people are charged in a year-end plot to strike the celebrations in Brussels' capital. Police detained six more people today in terror raids launched across that country.

And today much of the world is on edge in New York. Six thousand police officers will fan out across Times Square to give people a little peace of mind. They are on alert from everything to lone wolf attackers to a potential radioactive bomb. One of their big fears.

Other major American cities such as Washington and Los Angeles are also bolstering security as a grim year with the specter of ISIS enters its final hours.

And we're following all the latest developments. Our Frederik Pleitgen is in London with the terror concerns sweeping across Europe. And in New York CNN's Miguel Marquez.

Gentlemen, happy New Year. Fred, we're going to begin with you. First of all, tell us about these new terror sweeps in Belgium.

FREDERIK PLEITGEN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, they happened overnight, Deborah, in the early morning hours of today when the security forces there in Belgium really went on terror raids across the country.

[09:15:06] And I know Belgium a little bit. So it really is from all over various regions of that country there. And now six people were detained in those seven raids that went on. It is unclear whether or not they are going to be charged.

But, of course, we know that the situation in Brussels at this point in time is very, very fluid. The cancellation of the New Year celebrations there came on very, very short notice.

A lot of the people there are quite confused. What you have right now is you had them already set up the stage for the New Year celebration. That is being taken down and instead the military and police are patrolling the streets.

It's unclear how much they knew about what possibly could have happened or could have been plotted on New Year's Eve. But as you said there are these two who were arrested just a couple of days ago, part of that Muslim biker gang who have now been charged for trying to attack the main square in Brussels the Grand Place, which was already possibly one of the targets when Brussels was on lockdown earlier this year.

And one of those men has now been charged with activities of a terrorist organization and the other also for being a possible recruiter of a terrorist organization. So, possibly someone who was fairly high up in the hierarchy as well, certainly a very scary situation for the people there in Europe's de facto administrative capital -- Deborah.

DEBORAH FEYERICK, CNN ANCHOR: Yes, and these investigations are so fluid. I think the sort of the ideology is better safe than sorry.

CNN's Frederik Pleitgen there from London for us -- thank you.

And in New York, NYPD police snipers will be perched on rooftops and boom sniffing dogs will be mingling with the 1 million people expected to cram into Times Square. The city's mayor is promising extraordinary safeguards including some that will not be seen by the naked eyes.

CNN's Miguel Marquez live in Times Square where local and federal authorities are on alert.

And, Miguel, a terrorism advisory from two weeks ago says there's no intelligence of any threat, but the reality is now, the terrorist- inspired threats have taken place in areas like San Bernardino, plots have been interrupted.

So, how does it apply to New York?

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: Well, it's exactly that. it's that San Bernardino attack, it's the Paris attack, those small bore attacks that have occurred in other places, inspired by ISIS, not necessarily specifically planned by ISIS, which has authorities here so concerned. They always have security here for this enormous party and it is going to be bigger than ever this year.

These pens that you can see in front of us, there will be 65 of these. And they are expecting a crowd of more than a million people coming in here. Individuals have to go through two different magnetometers before they get into those pens and once they are in, they are in and they can no longer move. They will have everything from bomb sniffing dogs to radiation detectors, to chemical detectors to thousands of cameras in order to keep this area safe, 6,000 police here across the city, at venues and parties and celebrations across the city, tens of thousands of police and law enforcement to keep the entire city safe.

They say they are ready for anything that may happen. They even have a special response team which they have developed over the last year or two that they say can respond to dozens of simultaneous attacks if it comes to that -- Deborah.

FEYERICK: All right. Well, it will be certainly festive and hopefully safe.

Miguel Marquez, thank you and happy New Year to you.

And still to come, separated, the mother of the so-called affluenza team now back in the U.S. Her son still in Mexico, and fighting to stay there. How long will he be able do that?

(COMMERCIAL BREAK)

FEYERICK: While so called affluenza teen, Ethan Couch, is in Mexico fighting extradition, his mom Tonya is back on American soil today. She was seen in handcuffs at the Los Angeles airport, in the custody of U.S. Marshals. She is likely on her way back to Texas where she could be facing as many as ten years in prison for her role in helping her son flee the U.S. to avoide prosecution after he violated parole.

To discuss all of this, we are joined by CNN legal analyst and criminal defense attorney Joey Jackson.

So good to be with you here on this final day of the year.

Let's talk about this woman and what is going on. Her son is fighting to stay in Mexico.

What does he gain by remaining there, in a Mexican prison?

JOEY JACKSON, CNN LEGAL ANALYST: You know, that is a wonderful question, because the net effect would be the same. And when I say that, when he comes back to Texas, which he eventually will, by the way, which we'll talk about, or whether he remains in Mexico, he's still in detention and he's still in prison.

And so, look, I will never begrudge anyone who decides to exercise all of the rights available to them. And, of course, he filed a writ of amparo to say, look, I am technically in Mexico. I haven't violated any laws of Mexico. Why should you turn me over to officials? And so, it is something of a bump in the road for the U.S. in terms of

overcoming this hurdle. But a Mexican federal judge ultimately will send him back.

FEYERICK: I mean, ultimately, people go to Mexico. But what are the extradition agreements between the two countries?

JACKSON: We have very good relations with Mexico. We've had a treaty since 1980.

And essentially based upon that treaty, there's really three things the U.S. needs to establish. Number one that we have jurisdiction over Ethan Couch because he was a resident of Texas. Number two that he's violated some type of procedure or law that would be extraditable. And number three, there is probable cause to believe that indeed he did violate the sort of policy or protocol.

And so, as a result of that we'll get him back, and I think this is a tactic his lawyers are using to keep him there. The end result, of course, will be that he'll be back here. We don't know when but we certainly know -- I really think, although I'm loathe to make predictions, he'll be back.

FEYERICK: So many people believe that he got a free pass from the judge, the judge who basically said this kid didn't know the difference between right or wrong, his parents never instilled that in him. The fact that his mother now goes essentially on the run with him to protect him from justice sort of speaks to that issue.

But he killed four in a drunk driving accident. Judge puts him on probation. He violates the terms by attending a party where alcohol was served, was set to have a hearing to determine whether he would be tried in an adult situation, and he runs.

His case now is far more serious, because now how can you argue he doesn't deserve jail time?

JACKSON: I think it is more serious and it certainly becomes more complex for him. I think the big issue though is he's largely protected by the laws of Texas, Deb.

[09:25:03] And here's why I say that -- of course, when he's brought back the juvenile detention facility will only have jurisdiction until he turns 19, which is apparently on April 11th. Now, the big issue will be whether or not the judge permits that probation to be transferred from juvenile to adult court. And why is that significant? Because now, as we've talked about, whenever you are in juvenile court it is all about rehabilitation and where it centers upon. When you're in adult court, the focus becomes on punishment and deterrence.

So if there is a violation of that adult probation, now you have significant consequences like the original 10 years, not a probation, but of jail. So that is going to be the real big issue. Does a judge grant the transference to adult court? FEYERICK: And it's going to be interesting because you see Ethan

Couch likely going to have a lot of time now to consider his choices those he made in the past and perhaps those he will make in the future.

JACKSON: He has that time in Mexico, but he's going to have plenty of time when he comes back here too. But he'll be back.

FEYERICK: All right. Joey Jackson, thank so much. Happy New Year to you.

JACKSON: And to you. Thanks.

FEYERICK: And still to come, this is how high waters are in Missouri right now, and debris floating in flood waters crashing into a bridge. We are live there on the ground, coming up next.

(COMMERCIAL BREAK)

FEYERICK: And good morning, everyone. I'm Deborah Feyerick in for Carol Costello. Thanks so much for joining us here at CNN. We are now hours away from knowing just how historic the flooding in Missouri will be.

As I speak, rivers are cresting many, many feet above all-time record levels.