Analyst: Technicality Could Put Cosby Evidence in Jeopardy

A legal analyst tells NBC10 that Bill Cosby's attorneys could potentially use a legal technicality to get a damning deposition he gave tossed in his criminal case. (Published Wednesday, Dec. 30, 2015)

A legal analyst says procedural technicalities could give attorneys for Bill Cosby consideration to get the criminal charges filed against him Wednesday in a 2004 incident thrown out.

Attorney Enrique Latoison said he believes Cosby's attorneys will try to have incriminating testimony the comedian gave at a deposition in a civil case related to the alleged indecent assault of Andrea Constand thrown out.

The deposition, given after Constand filed a civil suit against Cosby and made public this summer when a judge unsealed documents in the case, is the evidence the Montgomery County District Attorney's Office used to charge Cosby with three second-degree felony counts of aggravated indecent assault.

Latoison said despite the fact that Cosby admitted to giving Constand pills and engaging in what he described as consensual sexual activity at his Elkins Park home, the Montgomery County DA's initial decision not to prosecute the case may make it more difficult for them to prosecute Cosby now.

"You have to remember he was under the impression that he was given immunity by the Montgomery County DA, and then he went forward and gave up his right to remain silent and testify at a deposition," Latoison said.

"If this would've been a criminal case, he would've probably not testified at all," Latoison later added.

At a news conference Wednesday morning announcing the charges against Cosby -- the first criminal charges to come out of accusations of similar sexual assaults by more than 50 women -- Montgomery County DA-Elect Kevin Steele said, "There's not a question of pills being provided to her. There's not a question of what went on of the digital penetration."

Cosby was arraigned Wednesday afternoon at a district court in Elkins Park and walked free after posting 10 percent of $1 million bail.

His attorneys called the charges against him unjustified and vowed to "mount a vigorous defense."

"We expect that Mr. Cosby will be exonerated by a court of law," attorney Monique Pressley, who is on Cosby's legal team, said.

If convicted, Cosby, now 78, could face up to 10 years in prison.