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Bill Cosby Sentenced to 3-10 Years in Prison. Aired 3-3:30p ET
Aired September 25, 2018 - 15:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
ANDREW WYATT, PUBLICIST FOR BILL COSBY: Dr. Cosby has been one of the greatest civil rights leaders in the United States for over the last 50 years. He has also been one of the greatest educators of men and boys over the last 50 years.
This was not pointed out to the jury or allowed in court because the racist and sexist mass media was attacking and denouncing Mr. Cosby whenever his lawyers even hinted there was racist and sexism present.
All three of the psychologists who testified against Dr. Cosby were white women who make money off of accusing black man of being sexual predators. It is no accident that the prosecutor Steele worked so close with anti-black and anti-male activist groups who tried to extort $100 million from Dr. Cosby in 2014 and continue to produce racist and sexual -- sexist publicity against him through the 35 clients.
What is going on in Washington today with Judge Kavanaugh is part of that sex war that Judge O'Neill, along with his wife, are a part of.
Regarding the psychologist Kristen Dudley, she's a practitioner of mindfulness. This is a (INAUDIBLE) practice that is controversial in the field of psychology. I have noticed that a number of accusers also produced this.
And I believe that A.C. and Judge O'Neill conspired with this. As you learned today and we will prove that the DA of Montgomery County used falsified evidence against Dr. Cosby.
During both trials, Mr. Steele introduced what he claimed was an accurate recording of conversations between Gianna Constand and Mr. Cosby. After recently being investigated by my associate Ebonee Benson and her team, they found out that the tapes had been tampered with about Ms. -- the tape that Gianna Constand played in the courtroom that she recorded Mr. Cosby on.
Mr. Cosby retained a forensic expert to conduct an analysis of the recording. The expert, the forensic expert has now confirmed that the tape was manipulated in two places. The expert in her own words concluded, without question, this is not an authentic recording.
Mr. Cosby's defense team is preparing a motion to address Mr. Steele's use of falsified evidence. Mr. Cosby clearly has been denied his right to a fair trial. These injustices must be corrected immediately.
QUESTION: How is Mr. Cosby is doing?
WYATT: Mr. Cosby is doing treat.
Ebonee Benson is going to read a statement from Mrs. Cosby.
EBONEE BENSON, PUBLICIST FOR BILL COSBY: I'm here to read an official statement from Mrs. Camille O. Cosby concerning the prosecution's use of falsified evidence.
"The right to a fair trial is of utmost importance in the American justice system. Prosecutors, as administrators of justice, have a responsibility to protect the innocent and are prohibited from offering any evidence that is untrue.
"We have now learned and will prove that Bill Cosby was denied his right to a fair trial because the DA of Montgomery County, Kevin Steele, used falsified evidence against him.
"After being tipped off by a recent online publication that a tape recording Mr. Steel played during trial was doctored, Mr. Cosby retained a forensic expert to conduct an audio authenticity analysis of the recording.
"Gianna Constand, the mother of Andrea Constand, has surreptitiously and illegally made the recording of Mr. Cosby in 2005 without his knowledge or consent. That recording was provided to Bruce Castor while he was DA of Montgomery County.
"Mr. Castor determined that Gianna Constand's surreptitious recording constituted a potential felony under Pennsylvania's law, which required Ms. Constand to obtain Mr. Cosby's consent to the recording.
"Years later, in 2014, Kevin Steele beat Mr. Castor for DA by unethically attacking him for not prosecuting my husband. He thereafter used the illegal recording in both trials, claiming that it was an authentic recording of the 2005 conversation
"Mr. Steele relied heavily on the recording in both trials, ultimately convincing the jury in the second trial to return a verdict of guilty.
"Earlier this month, on September 12, 2018, an online publication recorded that a Montgomery County court official who requested anonymity had revealed that the original recording made by Gianna Constand was doctored and contained information that would exonerate Mr. Cosby.
"The defense team immediately sent its copy of the recording to a forensic expert who after extensive analysis has unequivocally concluded -- quote -- 'This is not a true representation of the original content or conversation. Without question, this is not an authentic recording' -- end quote. "At no time before or during the trial did the DA disclose that the recording with inauthentic, much less that it had been falsified. After the media report surfaced on September 12, Montgomery County detectives acknowledged and confirmed to the defense team that they could not authenticate the recording and did not know who made the original recording.
"Mr. Cosby's defense team will be filing a motion seeking immediate relief for the prosecution's use of this falsified evidence. The DA's use of this falsified audio clip at trial is deeply prejudice, yet it represents just one of many issues that resulted in the denial of Mr. Cosby's right to a fair trial.
"These egregious injustices must be corrected. Thank you."
QUESTION: How is Mr. Cosby doing?
WYATT: Mr. Cosby is doing great.
And Mr. Cosby knows that God is watching over him. He knows that these are lies. They persecuted Jesus, and look what happened. Not saying Mr. Cosby is Jesus, but we know what this country has done to black men for centuries.
So, Mr. Cosby is doing fine. He's holding up well. And everybody who wants to say anything negative, you're a joke as well. Thank you.
BROOKE BALDWIN, CNN ANCHOR: OK.
So, that was Bill Cosby's publicist speaking out on what they're referencing, falsified evidence, audiotape. They're filing this motion. It's complicated
Jean Casarez, who's been in this courtroom and has all the extraordinary color from the sentencing, Jean, if I can just ask you first to address what we just heard from the Cosby publicist team on this audio clip. Talk to me about that. Explain that.
JEAN CASAREZ, CNN CORRESPONDENT: What they're talking about is that it is the audiotape that Andrea Constand's mother made of Bill Cosby when he called her to try to talk about what had happened with Andrea. She had gotten a tape recorder and she recorded it.
It was evidence in this trial. There are some beeps in that recording and the defense -- and it was actually a couple of days ago -- they sent the tape to an audio specialist, who looked at that tape forensically and believes that it was altered.
Those are the facts that the defense says are true at this point. So when the judge announced three to 10 years in state prison, the defense jumped up and immediately in that courtroom started talking about this audiotape. And everyone is like not understanding what he's talking about. And then he asked a motion for bail, pending appeal, appeal on many issues, one being this issue.
Obviously, that did not work. The judge researched it. And the severity of this crime, the prison sentence that was given, he has to be remanded into custody, as you saw. As I sat in the courtroom, and the judge sort of led everyone through, including Bill Cosby, what he was going to do.
And he did say that time in state prison, which is the most serious punishment in Pennsylvania, there's a county facility, but state prison, most serious, that that is what is appropriate.
This was a serious crime, the judge said. This is a serious sexual assault. He said that he really took into consideration the victim impact statements, notably that of Andrea Constand. Judge said, "You took her young spirit and you crushed it."
He talked about how it was planned, that he got the drugs, he had the drugs, that he administered them to her. Cosby had said in his deposition that he believed she consented because there was silence. The judge said to Cosby this afternoon, she couldn't respond to you. She was unconscious, she was drugged, and then you sexually assaulted her.
He talked about that Bill Cosby had to have remedial training in prison. He had to have courses and remedial about sexual assault, that he had not taken one step on the outside to take any type of responsibility whatsoever, course work, therapy anything, because of this.
He said that he had to take into consideration the protection of the public, that Bill Cosby is still a risk to the public. I saw Bill Cosby sit there in silence. I didn't hear anything in the courtroom.
In the front row, you had Andrea Constand, her mother, her father, her sister. They were silent. The second row, you had the prior bad act witnesses.
At one point, after the judge stopped talking, I heard some voices. It was Janice Dickinson. I don't know what she was saying. But it was audible. And one of the court deputies came over and sternly told her to stop it. And then he said something else. And one of the prior bad act witnesses said something. And he said, "You take her out then."
But she stayed in. And what we all witnessed together, we saw Bill Cosby take off his suit jacket. He took off his tie. He had his suspenders and his shirt on. So he obviously knew not only that he was going to be remanded into custody, but he was going to be handcuffed.
At the end, we were all ushered out. But we stood there in the hallway and outside of our presence is when the handcuffs were put on him. But we all watched as he came out and he came before a live camera, the pool camera in the hallway, and he was walked out.
And now I understand the PIO of the prosecutor's office tells me that he is immediately being transported to the county facility, which is where processing will take place. That can take up to days, because they have to find the prison that is best for him to go.
Three to 10 years. He will be in there at least for three years -- Brooke.
BALDWIN: Jean Casarez, thank you so much for all of the color from the courtroom.
There's so much to analyze just from what we just heard from Jean.
We're still waiting for Bill Cosby's departure, as she pointed out, on to the county jail to get processed, as we saw him walking those hallways with his team, suspenders, suit and handcuffs.
We will get our lawyers react to the outburst in court, this issue over this audio clip.
Stay right here.
BALDWIN: All right, back to our breaking news.
Bill Cosby has officially been sentenced and is heading to jail. These are live pictures just outside a courthouse in Norristown, Pennsylvania, as we're waiting for that shot.
We saw him in his suspenders and his suit and his handcuffs, as he's been sentenced to three to 10 years in a state prison, which is the worst, right? You have your you have your county, and then you have your state prison. So it's -- that's where he will be for at least three years. And it was determined that he needs to head there immediately.
So, we see him. There he is. And, again, as we look at these grainy pictures in Pennsylvania, I'm sure so many people are also thinking not only of what he's been convicted of, right, but also of the man that millions of Americans fell in love with through the years, and realizing that that same Bill Cosby is now heading to prison, that justice, in the eyes of so many of these women, so many survivors, has finally been served.
Mark Geragos, Yodit Tewolde, Glenda Hatchett all with me, Solomon Jones with me as well.
And, Glenda Hatchett, we haven't heard from you, so let me start with you, as heard about -- you saw the publicist, right, the defense team -- the Cosby publicist talking about this tape, this audio clip that they believe they were denied the right to a fair trial.
And apparently when Cosby was sentenced, the team jumped up and started talking about this audiotape. How surprising is that to you?
GLENDA HATCHETT, ATTORNEY: Can you hear me? Hello?
BALDWIN: I can. You're live. Yes.
I expect that they will have not only that, but a litany of things that they will go through. And that's anticipated. We know for sure that they're going to appeal this case. I don't think that they really thought that that was going to be a convincing argument in the courtroom today for the judge to then say, I am going to grant the bonds while the appeal process goes on.
But it didn't surprise me at all, and nor did the statements from the publicist or on behalf of Mrs. Cosby today, because what they're saying is that they did not get a fair trial, that there will be an appeal.
But those things really aren't really convincing at this level, Brooke. That all will have to be taken up with the court of appeals in Pennsylvania.
BALDWIN: I mean, Glenda, you heard first the man out of the gate saying, this has been the most racist and sexist trial in the history of the United States.
HATCHETT: I don't think that that is the argument to make. I just don't.
And the fact that you say now, because he is a black man -- clearly, I am an African-American. I am a black woman. I grew up loving Bill Cosby. Let me be very clear.
And as I said in other interviews, I have been in their presence. I have met them. I know of the good work, the philanthropy they have done, and I applaud all of that.
But the jury came back, Brooke, and they found that this victim had been drugged, that she had been rendered unconscious, and that he took advantage of her. And the judge really relied very much on Andrea's impact witness statement in this case.
And he said that, because of this situation, I will not treat Mr. Cosby any differently. And so there are people who will say that he has been singled out. And I understand the concern, because there are other people who've been accused who are not African-American.
But it does not mitigate the situation here. And this is what has been found and this is the sentence that has been imposed.
BALDWIN: Solomon Jones, I read your piece from a couple of months ago on how this -- everything with Bill Cosby has created this rift within the black community.
And, of course, so many women, so many survivors are coming out today hailing this as a bittersweet victory, right? This is something that they will never be able to fully let go of.
For you, are you -- how are you feeling just about, I mean, seeing Bill Cosby in handcuffs going away for a couple of years?
SOLOMON JONES, RADIO TALK SHOW HOST: Yes, it's a tough thing to see, especially given that he is an 81-year-old man, he's legally blind, he's dependent on others to take care of him.
To hear him determined to be a sexually violent predator, to me, is a bit much. But I think that, in this atmosphere, where we're in, where people are talking about sexual assault in a serious way, where the MeToo movement rightly is talking about this issue, I understand where people would feel vindicated.
But I also feel kind of torn, because I feel like Bill Cosby has been put up as the sacrificial lamb, and where the person who was speaking previously to me said, I think she's right, that there are other people who have been accused of all that and more, and yet you don't see them undergoing this kind of treatment.
And so certainly race is something that's always at the forefront in our society. And I think that race is at the forefront with this. And I think that the bigger threat to our society is a guy who's about to be confirmed to the Supreme Court that has more accusers coming out each and every day.
Bill Cosby's an entertainer. He's not somebody who is a position to hurt people.
BALDWIN: I think we have to be careful.
BALDWIN: Hang on, Solomon.
JONES: Yes. Yes.
BALDWIN: We have to be careful, though, because this is someone with accusations of serial rape. And I know that they're calling for an outside FBI investigation. And Dr. Ford will be heard on Thursday.
But that is one case. This is another.
JONES: And I agree with that. And I think that people in the community, in the black community here in Philadelphia, who know -- who have been touched by him, I think that people are torn, because you're looking at what's happening with him., and these things are not happening with other people.
BALDWIN: I see. I see what you're saying.
JONES: And I think that's something that people are looking out, not that he's wrong to be convicted. But people are looking at what's happening to other people and saying, Bill Cosby's being treated unfairly.
BALDWIN: I see what you're saying.
I want to continue this conversation.
Mark Geragos, I know you're dying to get in as well. Quick break.
Gentlemen, hold your thoughts. It's important. It's an important conversation we should be having here, as Bill Cosby is headed off to jail.
Stay with me.
BALDWIN: We are back with the breaking news here.
Bill Cosby just moments ago being led, as he is legally blind, at age 81, led out of this courtroom in Norristown, Pennsylvania -- look at that -- in handcuffs, in his suit. He removes his tie, his coat jacket as he was heading out to jail to be processed, as he has been sentenced now officially from three to five years in state prison.
MARK GERAGOS, CNN LEGAL ANALYST: Ten.
BALDWIN: What did I say? Three to -- thank you -- three to 10 years in state prison.
As that has happened, we have been having a conversation. Solomon Jones is on with us from Philadelphia talking about the rift that this story has caused within the black community, right, making the point that, in a sense, it's conflicting, to see a man who justice has been served on one hand, but, on the other, it feels a bit like a sacrificial lamb.
And you had brought up how -- how the timing of this week, right? As we watch Bill Cosby go off and serve time for crimes he has been convicted of, later in the week, you bring up someone else who has been -- who has been accused of different allegations, but in this similar vein of sex assault, sexual harassment.
This is what Solomon's point was. I hope I did justice in listening to you, Solomon. And I want you to stay with me.
Mark Geragos is also with me here, listening to our conversation.
And you wanted to jump in.
GERAGOS: Coming out of my -- I mean, they're -- I have already heard it, people talking about, why is it the Bill Cosby is being prosecuted, going to state prison, at the same time that we are diminishing accusers when it comes to somebody that we're going to put on the U.S. Supreme Court?
We just had an accuser on here who was from 1974. And the accusers with Brett Kavanaugh are coming in from 1982 to 1983 to 1984, so