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.