Video transcript

all right jim thanks now we want to bring in nbc 10 legal analysts enrique l1 latoison and we just heard enrique we just heard bruce castor when when rosemary spoke with him saying he wasn’t surprised what’s your take on this do you think it was pretty unusual and unusual that they made the decision and then he walked right out of prison well we kind of got a little window in to this when the supreme court picked up two issues the one issue being whether or not mr cosby unofficially relied on that and gave up his fifth amendment right which we talked about today and this is the thing that got overturnedand the second issue was whether or not this many people that were able totestify in the second case which was five additional victims whether or not that was allowed the supreme court nevergot to that issue they only talked about issue number one so it is unusual when the supreme court eventually overturns a case when the trial court ruled in one way the superior court went along with the trial court and then when it got to state supreme court they said no this is wrong we’re overturning this so you know it really came down to whetheror not somebody can rely on a prosecution’s uh comments and things that they were saying to then give up your fifth amendment right to remain silent and the court was very disturbed by this and decided that this is not allowed and they therefore overturn this case yeah and enrique you and i have been at that montgomery county court house for what the first trial when it was a hung jury the second trial when he was convicted and then for sentencing you’ve been with us for alot of the commentary and insight into this so you bring up the issue of these other women who testified in the second trial first trial just one other woman second trial the prosecution was allowed to have five women testify about their experiences and encounters with cosby so we know in this case the charges against bill cosby as it relates to andrea constand they’re done what about the other women i mean i suppose if there’s a a claim out there thats till was within the statute of limitations that could move forward talk to us about it so you know because you and i we’re on those trials both of those times talking about this case and i will say that anybody that still has a legal right to go after cosby can still do that this was a narrow issue this only came down to miss codstand’s case could you prosecute bill cosby for miss constance case the court said no you cannot because he relied on what was told to him in reference to this case he gave up his right to remain silent and he went and he testified in a civil case that was then used against him in the trial however everyone else still has their rights and any other person who wants to be able to prosecute him can still do so enrique as always we’re so glad you’re with us thanks for your perspective on all of this we appreciate you bill cosby just moments ago let’s bringin nbc 10 legal expert enrique L1 latoison and live in our news room so he cannot be tried on the charges in involving andrea constand we know that enrique after today’s ruling what are the chances that we could see bill cosby in a courtroom again for any reason involving this piece involving this case not at all i mean the supreme court said that you know you cannot retry them again there was even this option being floated out there that maybe they could try them again but throw out the deposition the supreme court said no to thatthey said that he should have never beencharged they were seemed to bekind of upset about the whole kind ofbait and switch here where he reliedon what the prosecutor said and becausehe relied on it a month later he’s nowinvolved in a civil suitwhere he’s not given up he’s given uphis fifth amendment right to remainsilentso no he cannot be charged again andthis is overand we know enrique this was a decisionbased on a proceduralissue right not on bill cosby’s guilt orinnocencethe high court didn’t speak to that sohow does this happen after cosby’salready served two years in prisonwell you know right when he was foundguilty you know his defense didn’t makea motion to ask that mr cosby be left out of jail and notstart serving the sentence until theappeal process went through the judge atthe time said noi’m not allowing you to do that you needto report and you’re going to startserving your sentence nowonce that takes place it takes a whilefor it to make its way through the courtsystem it has to go to superior courtit went to superior court he lost therethere’s motions there’s briefs and thenit got appealed to the state supremecourtthere’s also argument motions briefsthese things take a whilei mean he’s lucky to be done at thisparticular point but these things go onfor a long timeand when it came to a decision theymoved very quickly to let him out ofjail the decision came down he’s out ofjail right nownbc 10 legal expert enrique l one latoysand you’ve been with usall the way through this case thanks somuch for joining usand count on nbc 10 and nbc10.com alsoour free app to guide you through theentire case from the beginning you cango to the app or the website to gothrough the complete historyand timeline of the cosby caseour other top story that we’re followingtoday6 14 bill cosby waking up in his own bedfor the first time in two years he wasreleased from prison yesterdayyou watched it happen live here on nbc10. yeah we wanted to get a betterunderstanding of the decision to let himgo free so we brought in our legalexpertenrique l one la toison enriquethanks for getting up early this morningto be here with us we appreciate itlet’s talk about bill cosby and himsaying that he wassurprised to find out that he wasgetting out of prisonbut how surprising really is this newsto the legal communitywell there’s about a 70 some page briefthat people can find on your websiteand when you read through it i will tellyou that it makessense i mean i believe the supreme courtmade the right decision they were verycareful and breaking it down very slowlyon how they came to that decisionthere are some winners and there’s somelosers here in this decision winners forthe fifth amendment right you’re rightto remain silent you’re right tonot incriminate yourself also thewinners actually for prosecutionum you know power in this case sayingthat what they do you have to stand byitand of course the loser in this case ismiss constance you had to sit throughtwo trials in this caseonly to you know win a conviction andand all of a sudden for this to beoverturnedand for him to be released you know butin the end i think that they broke itdown very clearly in that brief andeveryone should read that brieflet’s look ahead to the future hereformer d.a bruce castor made that dealthat’s at the center of all this rightwell this decision to throw out theconviction make prosecutors saymore hesitant to make deals like this inthe future you thinkwell you know 2020 is hindsight and youknow keith this you know this goes backat a time this was before the me toomovementthis was before this kind of progressiveidea that was taking place and kind ofgoing across the united statesand at the time he didn’t believe anyonewould believe miss constant andas he said him as the minister ofjustice he believed by making this dealhe was still helping ms constand out hesaid he didn’t believe there was enoughto prosecute himbut he wanted her to get some form ofjustice so that’s why he made the dealnow of course years later things changedthe environment changedand you know mr cosby ultimately wastried twice to get a convictionso what’s next for bill cosby i meanhe can’t face charges in this case butcould he face charges from any otheraccusations made by other accusers ifthe statute of limitations hasn’t runout on those aaron you’re correctsupreme court said you cannot tryhim in reference to the constant caseyou can try him in reference to otherthings or other issuesother jurisdictions can still come afterhim if he’s still within the statute oflimitationsso i believe miss constant was one ofthe few if not the only person that wasstill within thatstatute of limitations he was tried onlyandcharged within a week before the statuteof limitations ran outbut of course prosecutors across theunited states will be looking to see ifany of those other accusersstill fall within the statute oflimitations and if they do this supremecourt case does not stop thatprosecutions from taking placeoh interesting all right nbc 10 legalanalysts enrique lone latoysin enrique thanks for wakingup this early for us we alwaysappreciate your insightgood morning to you guys good morning 617 right now we got to turn our attention here now to the holiday weekend planning to party this sunday attorney gloria allred who represented many women who spoke out against bill cosby says she is still optimistic despite the court’s decision it it was really surprising i i wasconcerneduh at oral argument when i heard the questions that the justices were askingi didn’t feel that it voted that it would bode well for the ultimate decision we will moveonit’s always two steps forward and one step backwards in the women’s movement but the good news is we’re moving forward we’re not going to be deterred all right let’s bring in nbc 10 legal analyst enrique l1 latoison in our news room enrique thanks for being here so we’ve known about this supposed deal with bruce castor for years so why hasn’t this been resolved before the trial even started why wasn’t it resolved well we go back to cosby one cosby one was the first trial that was done the first time that ended in a hung jurythis issue was litigated extensively atthat timeboth sides made their arguments on bothsides really had a lot to dig in aboutthis because the defense was trying tostop the trial from ever taking placeand the prosecution really hammered downon saying hey this wasn’t a realagreementyou know that you know he uh he shouldnot have relied on whatuh mr caster said and that was kind ofhis fault when he gave up his fifthamendment rightto testify in that civil case howeverthe supreme courtfinally has the last word and they arethe final word and they finally saidno that was wrong the trial should havenever taken place the deal that was putin place to begin with that made himgive up as fifth amendment rightis what should have done we know billcosby’s a free manis there any chance he heads back into acourtroom for anything involvinganother accuser if it falls within thestatute of limitationswell we know that this case with theconstant trialtook place he got arrested about a weekor 10 days before the statute oflimitations ran outso there could be statute limitations inother states with theother accusers that could still takeplace but in this particular casehe’s not coming back to court on thiscase this is overthis is done the supreme court said youcannot retry them andthis is going to be overturned now whattakes place in other jurisdictionsi’m sure other prosecutors prosecutorsaround the united states will be lookinginto that to see if anything fits inwithin the statute of limitations therenbc 10 legal expert enrique la toys andwe didn’t know we would need any furtherinsight regarding cosby’s case wethought that chapter was closed butthank you for being here as it reopenedtodayenrique la toysen and coming up in about10 minutes we’re going to hear from oneof the reporters who broke the constantstoryand you can count on nbc10 to follow allthe developments in this breaking storyon air and online you can read moreabout the case right now on nbc10.comandon the free nbc 10 app

Transferring ownership of your property? Stop by one of our offices today where we can help you get started on your deed!