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Cosby Lawyers Vow 'Vigorous Defense' for Cosby; New Year's Threats Prompt More Security in New York; Brussels Cancels New Year's Fireworks Due to Threat; Death Toll Rises in Historic Midwest Floods. Aired 6-6:30a ET

Aired December 31, 2015 - 06:00   ET

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

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Bill Cosby made two sexual advances at her that were rejected.

[05:58:30] UNIDENTIFIED FEMALE: Bill Cosby charged.

UNIDENTIFIED FEMALE: Twelve years after the incident.

UNIDENTIFIED FEMALE: He could go to prison for ten years if convicted.

GLORIA ALLRED, ATTORNEY: I wasn't really sure whether or not a criminal case would ever be filed against Mr. Cosby.

BRIANNA KEILAR, CNN ANCHOR: Two suspects were arrested in Turkey with suicide bombing gear.

UNIDENTIFIED FEMALE: Brussels canceled its New Year's festivities and fireworks.

UNIDENTIFIED MALE: Six thousand police officers just here in Times Square.

UNIDENTIFIED MALE: Their ambition is just to kill as many people as possible.

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

UNIDENTIFIED FEMALE: The waters are still rising.

UNIDENTIFIED FEMALE: At this point, we're waiting on the county to decide whether or not we have to leave.

UNIDENTIFIED FEMALE: What looks like the river behind me, that's actually the highway.

(END VIDEOTAPE)

ANNOUNCER: This is NEW DAY with Chris Cuomo, Alisyn Camerota, and Michaela Pereira. ALISYN CAMEROTA, CNN ANCHOR: NEW DAY last day. Our coined day

phrase. Good morning, everyone. Welcome to your NEW DAY. It is Thursday, December 31. Happy New Year's Eve morning. It is 6 a.m. in the East. Chris is off. John Berman joins us. Great to have you with us.

We begin this morning with Bill Cosby. For the first time after decades of accusations, on Wednesday, the disgraced comedian faced sexual assault charges. The charges coming just before the 12-year statute of limitations would have expired. At least 50 women have accused Cosby of drugging and sexually assaulting them.

Cosby maintains any incidents were consensual.

MICHAELA PEREIRA, CNN ANCHOR: Cosby is free on bail and back at home in his Massachusetts home this morning. His lawyers say they're going to mount a vigorous defense and claim that Cosby is the victim of a political prosecution.

What will all of this case mean for the other accusers? We're going to begin our coverage now with CNN's Jean Casarez. She's live in Elkins Park, Pennsylvania.

Jean, good morning.

JEAN CASAREZ, CNN CORRESPONDENT: Good morning.

This is the courthouse that Bill Cosby walked into yesterday. There are certain moments of American courts that will never be forgotten. The arraignment of Bill Cosby is one of them.

(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.

UNIDENTIFIED MALE: 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. And 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.

ALLRED: 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: Andrea Constand's lawyer, Dolores Troiani, tells me that Constand was notified before the charges were filed. And she's extremely grateful that this district attorney is placing their trust and their confidence in her. The preliminary hearing, Alisyn, is set for January 14.

CAMEROTA: OK, Jean. Thanks so much for all of that background.

Joining us now is criminal defense attorney Midwin Charles; and CNN legal analyst and criminal defense attorney, Joey Jackson. Great to have both of you with us today, to walk through this.

JOEY JACKSON, CNN LEGAL ANALYST: Good morning, Alisyn.

CAMEROTA: Joey, how unusual was what we saw yesterday? I mean, not only was it Bill Cosby, but after more than 50 women have made these accusations since the 1960s, the prosecutor decides to move forward with one case from a 2005 deposition in a civil lawsuit. Is there anything typical about this case? JACKSON: Very atypical. But then again, there's something very

atypical about someone being accused of having indiscretions with 50 different women. And so I think a lot of politics did play into, you know, this...

CAMEROTA: You do? You think that this was politically motivated?

JACKSON: Not -- not politically motivated. I think politics sort of reopened the investigation. We have to be mindful that Castor, the initial district attorney, evaluated it and said, "You know what? There's not much here. It's insufficient to move forward." It was a very big part of the political discussion between Castor and the gentleman he was running against, Steele, who assumed office -- who's assuming office tomorrow, really.

CAMEROTA: Let's talk about that, Midwin. Because that's what the Cosby camp says. The Cosby camp says that these charges are politically motivated, because they became a centerpiece of the campaign to win district attorney in Montgomery County, Pennsylvania. In fact, a campaign ad was based on whether or not Bill Cosby would be charged. So let me play a little portion of that ad.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: 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 prosecute 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)

[06:05:16] CAMEROTA: Kevin Steele won. So he made an issue of Bruce Castor not prosecuting Bill Cosby, and then Kevin Steele won with that. Will the judge take that into account?

MIDWIN CHARLES, CRIMINAL DEFENSE ATTORNEY: I don't think so. I read the affidavit report against Bill Cosby. It's 23 pages long. It is very detailed and very particular.

But one thing that I know is that he bases opening this investigation, which was opened in July, by the way, on the deposition transcript which became public only this year in 2015. So I don't think that the judge is going to focus on that. But I will say, this may have been politically motivated, as Joey points out. But if a prosecutor is doing their job, then so be it.

CAMEROTA: Let me put up on the screen what came out of yesterday. The arraignment details. There were charges, three counts of aggravated indecent assault in the second degree. What sentence, Joey, does that carry?

JACKSON: Ten years in jail. Cosby is 78 years old. And so obviously, Alisyn, you're looking the a death [SIC] sentence. You know, interestingly enough, a lot of what the deposition revealed was known to the police initially and -- but the deposition does have some damning information in it, in terms of admissions that Cosby made.

CAMEROTA: Such as, in his own voice, he tells the lawyer who is interviewing him, "Yes, I got prescription, seven of them, for Quaaludes, because I was going to use them on women."

"When you got the Quaaludes," it asked in the deposition, "was it in your mind that you were going to use these Quaaludes for young women that you wanted to have sex with?"

"Yes," he says.

So that's what the prosecutor, the new prosecutor says was the tipping point.

CHARLES: Right, and I've taken and defended many depositions in state and federal court, and I have to tell you, they are taken under oath. So the fact that these are Bill Cosby's own words -- and we always know that in criminal cases that your words can be used against you -- I think is remarkable. I'm surprised that his attorney that was representing him at his deposition didn't object at that point when that question was asked, in some attempt to sort of try get into that answer, at least in that specific way.

JACKSON: And the practical effect of that, Alisyn, we should talk about is that, if he testifies at trial, during the trial against him, he has to stay within the confines of what he's on record of saying under oath already, as Midwin has pointed out.

If he veers anyway from what he said, he's going to be what we call impeached with a prior inconsistent statement. And if he admits what he said, then, you know, is he guilty? I think this is going to play on the battleground of was it consent or was it not consent? Because he's admitting they had a relationship and he engaged in, I guess, fondling or what have you.

CHARLES: But the basis of the charge is the fact that she could not give consent, because she was unconscious.

JACKSON: Right.

CAMEROTA: You're both defense attorneys. Would you let Bill Cosby testify in this trial?

JACKSON: I think it is a very difficult thing to do, because he would have to establish -- really, he'd have to follow what he said within the deposition.

But I think if he does testify and say, "Look, this was consensual. I did it inasmuch as I fondled her. You know, we had somewhat of relations, but she knew."

And remember, when you read the affidavit, also it talks about their prior relationship and the fact that they had some type of romance.

CAMEROTA: Well, that's his allegation.

(CROSSTALK)

CHARLES: That's his view. That's his view.

CAMEROTA: Would you let him testify, Midwin? If Bill Cosby doesn't testify, is it that damning?

CHARLES: Well, I will say this. When I saw him walk into that courtroom with the cane, he looked a little bit disheveled, you know, he looked sort of stricken, I thought to myself wow, this may have been orchestrated by the defense attorney, and if so, wonderful kudos.

Because one of the things that you always want to get to do as a defense attorney is sort of get the jury to sympathize with your client.

And I think that if they do put him on the stand, remember, he does have a lot of supporters, still. And so I think if you put him on the stand, it may play into his favor, the fact that he is elderly; he is 78 years old. There are a lot of people who cannot divorce Bill Cosby from Cliff Huxtable.

CAMEROTA: Yes. I mean, the optics of that yesterday were just incredible. He was clutching the arms of his attorneys, who were walking him in. He had a cane. He tripped a little bit.

CHARLES: He appeared frail.

CAMEROTA: He appeared every -- every day of his 78 years old yesterday, which is a different look than we normally see from him.

But Joey, let's talk about how tough this case will be to try. Andrea Constand agreed in a civil lawsuit to a settlement of some undisclosed amount of money that Bill Cosby paid her. She has never spoken since that time, because there was a gag order. She wasn't allowed to speak as a result of the settlement. How is this going to work now?

JACKSON: It will work that she is a victim in a criminal case. She'll be called in to testify.

CAMEROTA: So it's null and void? The civil settlement is null and void?

JACKSON: It's not that it's null and void. But the fact is that you have to balance things. Obviously, she wasn't in a position to speak about it because of the order. That's a gag order. It's, you know, confidential.

[06:10:06] But now there are criminal proceedings. And in light of that, our society says if somebody is facing a crime and you're the victim, come testify and tell your story. But I think will it really center on veracity. It will center on

credibility, and it will center or whether or not the jury can really relate to her.

And remember, even though allegations are, I don't want to say uncorroborated, but you could call them that, inasmuch as it was her there and Bill Cosby there. But there are other people who are going to come forward, like her mother, to say that her behavior changed. She was having nightmares. She was screaming in her sleep.

And finally, she makes this admission that, "You know what? I can't hold it anymore, Ma. This is what occurred." And that's going to play big, too.

CAMEROTA: There's no physical evidence. I mean, this was from 2004, the alleged incident. We call these things in rape cases a he said/she said. And it's not -- this is not a layup. This is going to be a tough one for the prosecutors.

CHARLES: It is going to be a tough one. And you raise a very good point. When it comes to sexual assault case, is that, oftentimes, unfortunately, they fall upon this sort of he said/she said. If you cannot have -- if you don't have forensic evidence, if you don't have physical evidence, they're very difficult to prove.

However, Joey is right. There are other actors and other people that played a prominent role at the time she came forward -- which I think is important; she came forward ten years ago about this -- that can sort of say "Well, Bill Cosby -- Bill Cosby asked me to do this."

There were certain people who worked for Bill Cosby who he told, "Call her and tell her I will do anything for her. I will fly her here." And that particular person said that Bill Cosby had asked him to do that for other women, as well.

So there are all these sort of individual actors that can sort of help lend credence to her claim.

CAMEROTA: It will be fascinating to see what happens in this. Midwin and Joey, thanks so much for walking us through all of this.

Coming up on NEW DAY, we will speak with two Cosby accusers. In our 7 a.m. hour, Patricia Sawyer joins us. She's one of the Jane does in that 2005 Andrea Constand lawsuit. She says Cosby sexually assaulted her more than 35 years ago. In our 8 a.m. hour, we will speak with former "Playboy" Playmate, Victoria Valentino. She says Cosby drugged and sexually assaulted her in the late 1960s. How are they both feeling this morning? We'll get that from them.

Let's go over to John.

BERMAN: All right. Thanks, Alisyn.

We do have breaking news this morning. The mother of the so- called affluenza teenager is back in the United States this morning after being deported from Mexico. Tonya Couch arrived in Los Angeles overnight, in handcuffs, flanked by two U.S. marshals.

But her son Ethan, he is not back. He was granted a three-day stay blocking his deportation, which will now go before a judge. The 18-year-old is wanted on a probation violation stemming from a drunk driving conviction that left four people dead.

PEREIRA: Counterterrorism officials are ramping up security in three U.S. cities on this New Year's Eve, after a theft warning of possible terror attacks.

Federal officials are investigating the credibility of that threat. The president has been briefed.

We find our Miguel Marquez live in Times Square, where a million revelers are expected to ring in the new year tonight. Preparation are under way. And security preparations are underway, Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Yes, it is a giant party. And a giant security concern here. That's the spot where that famous ball will drop at 12 midnight here. Officials say they've been preparing all year for this moment.

Over a million revelers they're expecting here. They're already beginning the security preparations. Six thousand police in Times Square and around Times Square, alone from land, sea, and the air. Underground here, they're protecting this area. Both seen and unseen is what they say they will be deploying in order to detect from any possible threat. The mayor of New York saying that this city is safe.

(BEGIN VIDEO CLIP)

BILL DE BLASIO, NEW YORK CITY MAYOR: This is going to be a very, very safe place. Times Square on New Year's Eve is going to be one of the safest place in the country because of the huge concentration of police resources. And a lot of security measures you'll see and a lot of measures you won't see to help keep people safe.

(END VIDEO CLIP)

MARQUEZ: Now, they are relying on dogs. Bomb sniffing dogs, chemical detectors, radiation detectors and cameras. Thousands of cameras, not only here in the Times Square area but across the city. All those events and venues for New Year's, not only in New York but around the country, as well. That used to be just a celebration or a time for a party now considered soft targets after Paris and San Bernardino -- Alisyn.

CAMEROTA: OK, Miguel. So New York City is moving forward tonight.

Meanwhile, officials in the Belgium capital of Brussels canceling New Year's fireworks over fears of a terror attack there. Police arresting two people on suspicion of plotting to attack some of the city's emblematic sites over the holiday. And just now, we are learning that there are more searches and detainments underway.

Let's get right to CNN international diplomatic editor Nic Robertson. He's live in Brussels with more.

Give us the latest, Nic.

NIC ROBERTSON, CNN INTERNATIONAL DIPLOMATIC EDITOR: Yes, Alisyn, the prime minister here has said that the terror threat is changing hour by hour. We're learning now that seven more houses are being searched today. Six more people have been detained.

[06:15:08] We've learned that the two men arrested earlier this week are now being charged with threatening terror attacks being members or participating in a terrorist organization. And one of the men arrested is being labeled as a leader and recruiter for a terrorist organization. So they were planning to attack right here, the Grand Place right in the center of Brussels, a very beautiful square. You get a lot of revelers here later tonight for the New Year's Eve celebration. But those fireworks canceled.

Also, an arrest yesterday associated with the Paris terror attack. The man arrested there is being charged with terrorist murder participation of a terrorist organization. Ten cell phones recovered in that arrest operation yesterday. And also the information that the Paris terror attack at the Bataclan theater, there was a cell phone found outside there, had sent text messages, multiple text messages to phones here in Belgium, in the hours before the attack.

So all of this coming together on New Year's Eve here to really sort of cast a long shadow over the celebrations here. The fireworks won't go ahead. Similar scenario in Paris, as well, because of the attacks in November this year. Authorities there deciding against holding the big fireworks celebration, gathering a lot of people. The concern all the way across Europe here, John.

BERMAN: Concern here, as well. Nic Robertson, thank you so much.

Meanwhile, the death toll rising this morning. The historic floods hitting the Midwest. Thousands of homes and businesses threatened by rising floodwaters, which are expected to smash records today.

CNN's Martin Savidge is live in Arnold, Missouri.

Martin, it was a long night for a lot of people there.

MARTIN SAVIDGE, CNN CORRESPONDENT: It was. It was a very long night, busy night. This is Highway 61, and we are just to the north of Arnold. Arnold is south of St. Louis.

Take a look at the water situation here. And here's the critical problem that they're facing, John. It's that they're running out of ways to either to get in or get out of town. Highway 61 here is basically a north-south route. It's the only one that's going to get you over the Meramec right now. And already one of the lanes, at least is you're heading south, is being encroached upon.

The water here is still rising, and that's the real concern. Because it's anticipated, at least according to the mayor, it may go to 49 feet. That's unheard of here. I mean, forget 1933. That is feet above what everything thought was the all-time record.

And there are at least 50 homes now that are suffering problems with water. It may triple that number before the day is out. They think the crest will come, perhaps around noon, maybe 1 or 4 p.m. in the afternoon. This community very much under the gun. About 22,000 people live here. Most of them are going to be fine.

But for those whose homes are under water or will be, it's a terrible way to start a new year, John.

PEREIRA: I'll take it here, Martin. And we're going to talk to some of the local officials in and around that area to find out how things are looking as the sun comes up this morning.

Meanwhile, heightened security from coast to coast and around the world in the face of several new, New Year's Eve threats. What is being done to keep our revelers safe? We're going to take a look at all of that ahead.

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[06:21:52] PEREIRA: Good to have you back with us here on NEW DAY on the last day of the year.

Some parts of the world already ringing in the new year. Look at this. Minutes ago, fireworks lighting up the night sky in Auckland, New Zealand. Huge crowds were on hand at the city's iconic Sky Tower, taking in the sights and sounds and being the first to ring in the new year. At least for us here as we watch this morning.

Back here at home, New York City Police Department is beefing up security. Some 6,000 officers are being stationed right there in Times Square. Federal officials are investigating a New Year's terror threat to three major U.S. cities.

I want to discuss these threats and the challenges facing law enforcement tonight with our security -- CNN security analyst, Juliette Kayyem. She's also a former assistant secretary to the Department of Homeland Security.

Before you start your reveling, we figured we'd better get some answers from you about all of this. We know the president has been briefed on these threats that apparently originated from overseas, threatening Los Angeles, New York, and Washington.

Officials say the threat is uncorroborated, based on a single source. How seriously do local authorities need to take this kind of threat?

JULIETTE KAYYEM, CNN SECURITY ANALYST: Well, I want to put this in context, since September 11, 2001, almost every New Year's has encountered some sort of threat from one or two sources. So just putting it in perspective for everyone, while we are on edge, because of the ISIS threat, because New Year's Eve is a high-profile event, because cities tend to, you know, have these big parties, people congregate, we are always at an elevated risk and an elevated security apparatus during New Year's Eve. So, this should feel familiar to many people who can remember the last 14 or 15 New Year's Eves.

PEREIRA: Yes. Well, and it's elevated fear, right? Given Paris, given San Bernardino, this kind of story is going to fuel more fear for some people that are already on edge.

KAYYEM: That's exactly right. And so, you know, part of what you're seeing coming out of New York, Los Angeles, other cities isn't so much, well, we know something bad is going to happen or we know that there's a specific threat.

This large police presence is what we call-- and I don't mean this as criticism -- security theater. A lot of it is to put a big show of force...

PEREIRA: A show of force.

KAYYEM: ... show of force so that people feel secure. And I do believe that that's very important, because then people are willing to live their lives, enjoy tonight and enjoy revelry. Otherwise, look -- otherwise, this won't end. I mean, this is what I have to remind people. At what stage are you going to feel comfortable going out there? We're not going to see peace on earth, you know, relatively soon.

PEREIRA: I want to play a little sound from New York's terrorism -- counterterror official, who is trying to allay fears. Take a listen.

(BEGIN VIDEO CLIP)

JAMES WATERS, NYPD COUNTERTERRORISM CHIEF: We monitor threat information and intelligence information through our partners with the FBI and all the other government agencies, Department of Homeland Security, CIA, et cetera. And we are very, very confident that New Year's Eve in New York City will be the safest place in the world to be.

(END VIDEO CLIP)

PEREIRA: He vows it's going to be the safest place in the world to be. So you're a former DHS official. What is your biggest concern going into tonight?

[06:25:07] KAYYEM: It's certainly not Times Square. Both the combination of the physical security, as well as the covert intelligence sharing and all the other aspects of the security apparatus make me feel pretty confident with a place like Times Square.

What would concern me is those places that are not getting that focus, places that are soft targets. Towns like, you know, San Bernardino, places that most of us have never heard of before until something happens. It doesn't mean not to go out in those places. It just means,

look, we have a number -- we have an infinite number of soft targets tonight than almost any day in the United States.

And so the third piece of security -- you know, one is the physical presence. One is intelligence sharing. The third piece is engaging people to see something, say something philosophy. We have to get people engaged in their own security. You see a backpack, notify someone. You see someone doing something strange, notify someone. That's part of what it means to be engaged in our own security.

PEREIRA: You know, I was thinking, it's as though these things are sort of a regular warning now, as you mentioned, since September 11. This is sort of an annual routine that we go through. Do you worry that people are going to get sort of desensitized. Real talk for us, Juliette, how concerned do people need to be as they go out and celebrate New Year's Eve?

KAYYEM: So I -- I always say, you know, we will never be at zero risk in this country. And I'm not just talking terrorism. We have -- you know, we are a nation that is quite vibrant. That is, people flow in and out. And that's what makes this country exciting, right? That you can get on a subway and be at an exciting celebration in New York's Times Square in just a few moments.

So for people to remember that we have accepted a level of risk in this country and then to adapt their lifestyles accordingly. So see something, say something. As I say, talk to family and friends about preparations. Be smart about what you're doing.

New Year's Eve is an inherently risky night, not just for terrorism. People drink too much.

PEREIRA: Sure, sure.

KAYYEM: They party too much.

PEREIRA: Yes.

KAYYEM: So we have to be smart, and that way we can reduce the risk for everyone.

PEREIRA: Well, my dear, I hope you have a wonderful, wonderful and safe New Year's Eve wherever you may be. Thanks for joining us on the last day of the year. Happy new year to you, Juliette.

KAYYEM: Have a good one.

PEREIRA: You got it.

BERMAN: All right, thanks, Michaela.

The mother of the fugitive affluenza teenager, she is back on U.S. soil. But her son, he is not. He is in Mexico, fighting deportation. How long will it take to get him back to the U.S.? You might be surprised. We'll discuss, next.

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