Bill Cosby Charged With Sexual Assault: Legal expert Attorney Enrique Latoison explains what happens from here..
Jacqueline London: These charges filed in Montgomery County are the first against Bill Cosby. But could there be more and if so, where? For more insight into this case, we turn to criminal defense attorney Enrique Latoison. Enrique, thank you for joining us.
Prior to now, every time we reported on someone’s accusations against Bill Cosby, we would end that story with Cosby has never been charged with a crime. Well, we can no longer say that anymore. Cosby is charged. So what happens from here?
Enrique Latoison: Well, today he was arraigned so his bail has already been set. The next step will be the preliminary hearing. By law, that has to take place in 10 days unless the prosecution or the defense asks for a continuance.
At that level, the prosecution has a very low burden. They just had to show that more than likely, Mr. Cosby committed these crimes and if that is done and the commonwealth meets their burden, then the case is bound for trial and then of course that goes to the Court of Common Pleas and that’s where Mr. Cosby will plead not guilty and that’s where you get into the whole trial and beyond unreasonable doubt.
Jacqueline London: So getting a guilty verdict, what does the prosecution have to prove to get that?
Enrique Latoison: Well, for your viewers at home, this charge was under title 18, section 3125 which is basically aggravated indecent assault and he’s charged under three subsections and one of those subsections is that that sexual contact took place without someone’s content.
Another subsection is that the sexual contact took place without someone’s consent because they were unconscious and the third one that he’s charged with is because they’re accusing him of drugging someone and because the person was drugged, they were not – did not possess the ability to consent and were not able to control their actions because of being drugged.
Jacqueline London: Now we know this particular case. It beats the statute of limitations. Just barely this happened in 2005 allegedly. But why so long for these charges to be brought up? Why now?
Enrique Latoison: Well, as it has been indicated, that the – there was unsealing of deposition and testimony that was done prior with Mr. Cosby. So they’re using that as additional evidence to use in this case to move forward and prosecuting. They just got the statute of limitations. Once January 2016 came, which is basically in a couple of days, the statute of limitations would have run out in this case.
Jacqueline London: It would have. All right. So much more to come with this. Enrique Latoison live from the Digital Operations Center. We know we’re going to see you back here at 5:30 for more legal insight into the Cosby case. Thank you.