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.
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.