Category Archives: Legal Commentary Videos

Audio Transcript Keith Jones: It all came out in a pretrial hearing today at Norristown. NBC News legal analyst Enrique Latoison is here. Enrique, let’s start here with some of the accusations. The other accusers, Cosby is not charged with assaulting them. So the question becomes, “Why would their testimony even be allowed?” Enrique Latoison:...
Click Here For Video And Transcript.

Audio Transcript

Keith Jones: It all came out in a pretrial hearing today at Norristown. NBC News legal analyst Enrique Latoison is here. Enrique, let’s start here with some of the accusations. The other accusers, Cosby is not charged with assaulting them. So the question becomes, “Why would their testimony even be allowed?” Enrique Latoison: Well, I can tell you what. This is going to be the most important ruling in this case. The way the prosecution can use bad acts, if they can show that the value of it is not over prejudicial to the defendant. Now if you’re the defense attorney, you’re going to say that the value of this is way over prejudicial to the value of it to the prosecution to make their case. If you have bad acts in a situation like this, the prosecution is going to say this is his method of operation. He uses drugs. He uses alcohol. These 13 past accusers are going to get on the stand and they want to say how they had similar situations with Mr. Cosby, how they were drugged and how alcohol was used to be taking advantage of them. Of course the defense is going to say this is way over prejudicial and that using this is going to make the jury think he’s guilty then and he’s guilty now. This is going to be the most important rule in this case. Jacqueline London: Enrique, Cosby gave a deposition years ago in a civil suit. Now the prosecution wants to use it in the criminal trial. The defense is trying to keep it out. Do you think it will be allowed in and how much of a difference could that deposition make? Enrique Latoison: Well, this kind of goes back to the prior ruling of whether or not he was granted immunity and of course the ruling was that he was not granted immunity. But you have to take a step back and remember that in that prior ruling, the evidence that came out during those hearings was that the prosecutor did say, “I did grant him immunity so that he could testify in the civil case,” which meant he gave up his Fifth Amendment right to remain silent. So I think that if they relied on that and the prosecutor at the time said that’s why he did it, I don’t think that it should be allowed. I think the prosecution has plenty of other evidence they can use besides this deposition to still prosecute Mr. Cosby. Keith Jones: NBC 10 legal analyst Enrique Latoison. Thank you so much for your time. Enrique Latoison: Thank you.

Video Transcript Jacqueline London: Less than a week after losing his congressional seat, it is off to court for Chaka Fattah. Jim Rosenfield: Jury selection underway now in the federal corruption trial of the 11-term congressman and joining us now is defense attorney Enrique Latoison. Enrique, thanks for joining us. First of all, tell us...
Click Here For Video And Transcript.

Video Transcript Jacqueline London: Less than a week after losing his congressional seat, it is off to court for Chaka Fattah. Jim Rosenfield: Jury selection underway now in the federal corruption trial of the 11-term congressman and joining us now is defense attorney Enrique Latoison. Enrique, thanks for joining us. First of all, tell us what Fattah’s attorneys are going to be looking for in a juror. Enrique Latoison: Well, you’re looking for a very fair and impartial juror. A high publicized case like this, that could be very difficult. Now you’re allowed to ask the jury certain questions when you’re picking them out. For instance, you could ask some questions like, “Are you aware of Fattah Junior’s former trial where he was found guilty? Did you follow that trial? Have you read things in the media about this case? Do you have an opinion in reference to that?” You could also ask some things in reference to, are you politically involved the way – maybe something that’s against Fattah or any kind of his political opponents. It’s very important that you find a fair and a partial juror who’s going to be – who have a free and open mind and listen to the facts of this case. Jacqueline London: What kind of defense is there for bribery and racketeering charges like these? Enrique Latoison: Well, these are intent-based cases. They have to show that he intended to do certain things. Now, just because – you have to remember. Politicians are people too. They know people. Just because a person or a friend or someone does something for a politician, this politician was independently maybe going to do something for that person, it doesn’t mean it’s bribery. There has to be a direct correlation between I did something for you and I’m now doing something for you to repay what you did for me. That would be bribery. So just because things are done for the people they know or friends or affiliations doesn’t mean there’s bribery. There are also defenses for poor political accounting or things of that nature also. There’s a big organization. It doesn’t necessarily mean that if he might have done different things, he runs a very big organization, people might have done things on his behalf that he wasn’t aware of. Jim Rosenfield: What about family history? You mentioned this past case involving Fattah’s son who was convicted. Do you think the jury would be swayed by that fact? Enrique Latoison: Well, that’s why you would like to ask them that question. I mean that case was highly publicized. A lot of information came out and Fattah’s name was used in a lot of the publications, the different things that came out about Fattah Junior’s case. So you don’t want that to be something that sways the jury. So it’s definitely something you want to pull the jury forward and ask them, “Do you have any kind of biases?” in reference to things they might know about the former case. Jacqueline London: Defense attorney Enrique Latoison, thank you for your time and insight. Enrique Latoison: You’re welcome.

Video Transcript Female News Anchor: And while we continue to look at live pictures of Billy Cosby as he’s leaving that Montgomery County court Norristown, there are also new developments in a civil case against Billy Cosby, this out of California. Today a judge ordered Bill Cosby to attend a second deposition in a lawsuit...
Click Here For Video And Transcript.

Video Transcript Female News Anchor: And while we continue to look at live pictures of Billy Cosby as he’s leaving that Montgomery County court Norristown, there are also new developments in a civil case against Billy Cosby, this out of California. Today a judge ordered Bill Cosby to attend a second deposition in a lawsuit filed by Judy Huth. She’s the one who claimed that Cosby sexually assaulted her at the Playboy Mansion back in the 1970s when she was 15 years old and Cosby’s lawyers have denied her accusations and of course Cosby has only been charged, criminally charged in this particular case in Montgomery County where he was today and we will see him back tomorrow.   Male News Anchor: And Bruce Castor telling us Rosemary back in November of 2014 a different standard if you’re talking about a civil case versus a potential criminal prosecution. He said, “I may have thought that he did something inappropriate but thinking it and proving it in court, those are two different things.”   Rosemary Connors: That’s right. He said he had a theory of what happened but he really didn’t have any proof specifically. He said there wasn’t any physical evidence. That at the time Andrea Constand came forward about a year after the alleged incident occurred, that they couldn’t test her hair for any traces of drugs that she claims Bill Cosby gave her during that alleged assault.   Female News Anchor: Rosemary Connor is live in Montgomery County. I’m wondering now if we can go to – we have our legal analyst Enrique Latoison. I don’t know if he’s available right now to talk to us. But Enrique, maybe you can give us some perspective. Today was a very surprising day you said earlier in terms of what Castor had to say.   Enrique Latoison: Yes, I did find it surprising. I mean in order for Mr. Castor to justify what he did and to explain it to the public and explain it to the judge, he basically had to smear the accuser in this case. He had to talk about her wire tapping, her waiting a year, her having to seek out a civil attorney ahead of time and by explaining all those things, Castor was basically explaining to the court this is why I did what I did. He also went on to say this is common. This is something that he did when he was in charge at that time.   Remember this is the district attorney. This isn’t someone who was working underneath him or an assistant. This was the district attorney at the time. This is the way he did business. This is the way he handled cases in that situation during that time when he was in office. Then that is what should go forward and that is the way it should be accepted within the court and I don’t believe that you should be able now to go back on that.   Male News Anchor: All right. Enrique Latoison, thanks for weighing in here and of course we are still waiting to hear what the judge will decide in all of this. He has asked everyone to come back tomorrow as we continue to watch these live pictures from Skyforce 10 as Bill Cosby departs the court house in Norristown today.

Video Transcript Jim Rosenfield: A lot going on in that courtroom today and to help us understand what’s happening there, we wanted to bring in our legal expert Enrique Latoison. Enrique, thanks for joining us.   Jacqueline London: Enrique, we heard Castor say there’s a big difference between what he believes and what he thinks...
Click Here For Video And Transcript.

Video Transcript Jim Rosenfield: A lot going on in that courtroom today and to help us understand what’s happening there, we wanted to bring in our legal expert Enrique Latoison. Enrique, thanks for joining us.   Jacqueline London: Enrique, we heard Castor say there’s a big difference between what he believes and what he thinks can be proven in court. Was there anything about Castor’s testimony today that surprised you?   Enrique Latoison: Actually I was shocked. I said, “Wow!” In order for Castor to show the reasons for what he did what he did, he basically had to smear the accuser. Information came out about wire taps, about her contact to getting a civil attorney, about her waiting a long time to come forward which was already known.   So in order to justify what he did, he had to take the position to smear her, to make the accuser look bad, to basically say this is the reason why I did it, to justify it, by basically making her look bad.   I thought that was very surprising. It’s very surprising because that’s going to be good for the Cosby camp regardless of how this plays out. That information that came out from the actual DA could be used down the road if the case continues on.   Jim Rosenfield: It boils down though to this supposed agreement not in writing. Does Castor’s testimony today help sort that out?   Enrique Latoison: It does. He said this was something that he did. It was something he did on a regular basis. He was the actual DA. He is not the assistant district attorney at the time. He’s the actual DA. If he had actually won the election that just took place, these charges wouldn’t even be here right now. This was a discretionary thing that was done amongst the new DA that came into office. But this was something he did. He explained why he did it. He explained he did this purposely so that the civil case can move forward. For that reason at the very least, I believe that the statements that were in the deposition should not be used against them.   Jacqueline London: A lot going on today and we look forward to hearing from you in about an hour from now with even more on this case that continues to develop. Enrique Latoison, thank you.   Enrique Latoison: You’re welcome.   Jim Rosenfield: And right now, we know today’s hearing in Norristown still underway. NBC 10’s Harry Hairston is inside that courtroom. He’s gathering the latest information for us. We expect court to wrap up for the day in the next couple of hours and you can count on NBC 10 for complete coverage as that happens.

Video Transcript Denise Nakano: Tomorrow will be a key day in the criminal case against Bill Cosby.   Jim Rosenfield: Cosby’s lawyers will go before a judge in Montgomery County and they will argue the charges against him should be dropped. Their argument centers around a supposed deal made with prosecutors back in 2005. They...
Click Here For Video And Transcript.

Video Transcript Denise Nakano: Tomorrow will be a key day in the criminal case against Bill Cosby.   Jim Rosenfield: Cosby’s lawyers will go before a judge in Montgomery County and they will argue the charges against him should be dropped. Their argument centers around a supposed deal made with prosecutors back in 2005. They said Cosby agreed to testify in a civil lawsuit and in exchange, that testimony would not be used to pursue criminal charges. Listen to what the former district attorney told NBC 10 last year.   Bruce Castor: Created the scenario where he would have to answer questions under oath and obviously they got the information that they needed and she was compensated monetarily.   Jim Rosenfield: Well, we want to bring in our legal expert now, Attorney Enrique Latoison.   Denise Nakano: Enrique, you heard what Bruce Castor just said but he doesn’t appear to have any agreement in writing. How unusual is it that there’s nothing in writing?   Enrique Latoison: Well, it’s very unusual. This is basically what the argument is of the Montgomery County district attorney’s office. They’re basically saying, listen, an immunity or an agreement not to prosecute is done in a very specific way. It needs to be in writing. It needs to be signed by a judge. It needs to be signed by the parties.   District attorney’s office is basically saying you made the mistake of believing that you aren’t going to be prosecuted just because you weren’t being prosecuted currently and now of course the Cosby camp is saying listen, listen to what Castor said. Castor said that he created the scenario. So he put us in a position to rely on this and he wanted for the civil case to be able to go forward and we relied on it. We took what he said and he is the actual district attorney. He’s not an assistant district attorney and because of what he said, we believed it and we went on and we testified. He created the scenario as he said and the scenario went through.   Jim Rosenfield: All right. The judge is going to hear directly from Castor tomorrow. Enrique, if this deposition is kept out of the case, could this case move forward anyway without it?   Enrique Latoison: Yes, it could. Now you still have the actual merits of the case. The judge has to make a determination of whether or not the deposition could be used as the prosecution in their case-in-chief. However, you have to remember if Bill Cosby testifies and Bill Cosby says, “Listen, I never used Quaaludes,” or “I never gave her drugs,” or “I don’t know anything to do with any of this,” the prosecution could still stand up and use his deposition as a prior inconsistent statement that he made under oath. They could impeach him on it. They can still cross-examine him on it.   So either way, even if the judge says you can’t use the statement in the prosecution’s case-in-chief, it doesn’t mean you can’t possibly use it to impeach him if he says something different in his testimony.   Denise Nakano: Well it would be very interesting what the judge decides in tomorrow’s hearing. Thank you Enrique Latoison for joining us.   Jim Rosenfield: And NBC 10 of course, we will be inside the courtroom for tomorrow’s hearing. Follow us on Facebook and Twitter for updates as we get them, plus full coverage on all of our newscasts.   Denise Nakano: And coming up next NBC 10 talks to Carli Lloyd live as she gets ready to receive another honor here in Philadelphia.  

Bill Cosby Charged 12 30 2015: Pennsylvania Defense Attorney Enrique Latoison Explains Bill Cosby felony aggravated indecent assault charges, issue of consent and statute of limitations. Transcript Keith Jones: Bill Cosby’s lawyers say they will “vigorously defend” against what they’re calling an unjustified charge against their client. This morning, Montgomery County prosecutors filed three counts...
Click Here For Video And Transcript.

Bill Cosby Charged 12 30 2015: Pennsylvania Defense Attorney Enrique Latoison Explains Bill Cosby felony aggravated indecent assault charges, issue of consent and statute of limitations.

Transcript Keith Jones: Bill Cosby’s lawyers say they will “vigorously defend” against what they’re calling an unjustified charge against their client. This morning, Montgomery County prosecutors filed three counts of felony, aggravated indecent assault against Cosby. They accused him of drugging and assaulting a former Temple University employee back in 2004. Prosecutors say it happened at Cosby’s home in Elkins Park. Cosby was arraigned this afternoon. He’s now free after posting one-tenth of his $1 million bail. His next court date is set for January. In the charges filed against him today, Cosby is accused of assaulting a woman back in 2004. So many people are asking here, “Why are Montgomery County prosecutors just bringing the charges now?” For that, let’s turn to our legal analyst Enrique Latoison. Enrique, thank you so much for sharing your insight here. So the question is, “Why are the charges coming 12 years later?” Enrique Latoison: Well, the district attorney’s office is saying new evidence came to light and the evidence they’re talking about is back in July, a federal judge released the testimony, unsealed the testimony from the deposition that Mr. Cosby gave. Now I can tell you there’s going to be a battle coming in this case because the lawyers for Mr. Cosby are going to argue that Mr. Cosby has some sort of immunity or some sort of immunity that was told to him. Therefore he testified in that civil case and now you’re using that evidence in the civil case against him to say this is new evidence and bringing these charges against him. The statute of limitations was due to run-up in January 2016 in a couple of weeks. So now this is why they’re waiting. They’re saying there’s new evidence. It’s the evidence that was released from the deposition. Keith Jones: Enrique, will the other women accusing Cosby of sexual assault be able to testify about the allegations that they’re making in any trial in this case? Enrique Latoison: Well, that’s a maybe. I can tell you that the attorneys for Mr. Cosby are going to argue that no way should this evidence be allowed for these other women to be able to come in and testify. The judge in Montgomery County when this case gets to the Court of Common Pleas will have a very hard decision to make. He will have to weigh the evidence, whether or not bringing in this evidence from these other women that want to testify to the MO or the method that Mr. Cosby goes about assaulting his victims, but you can’t use it to say he did it in this case. You can only use that evidence to say this is how he goes about it and whether or not that testimony is over-prejudicial. Now if you’re the attorneys for Mr. Cosby, you’re going to say this is way too prejudiced, over-prejudicial. This is going to inflame the jury and it should not be able to come in. If you’re the prosecution, you’re going to say, “This is evidence of how he goes about doing things and this evidence should be allowed to come in to prove our case.” Keith Jones: Enrique, real quick, are you surprised by this? Enrique Latoison: I’m surprised. I am surprised that he has been charged so late in the game so to speak. I thought that he was given some sort of immunity or he thought he was given immunity and I think this case ultimately is going to come down to lawyers on both sides having some very sound procedural arguments about what evidence should come in or what evidence should be left out and I think that is how this case ultimately is going to be decided. Keith Jones: Legal expert Enrique Latoison, always good seeing you. Thank you so much for your time. Enrique Latoison: Thank you, thank you.