today on "msnbc live" we're following two big stories. first, a major lead in the hunt for missing flighting mh-370. a piece of plane debris found off the small island of the southern tip of africa. plus -- >> the bond will be $1 million anyway. [ applause ] >> ladies and gentlemen, this is a courtroom. >> so you heard it there. applause breaking out inside a cincinnati courtroom. former university of cincinnati police officer, ray tensing, arraigned given a $1 million bond after being indicted for the shooting death of samuel dubose. coming up, the latest from that case in cincinnati. good to have you with me. i'm thomas roberts. we start with the wreckage possibly from flight mh-370 which went missing with 239 people aboard more than a year

ago. the aircraft fragment is being transported to france. one thing investigators will be looking at is to see if this component number matches those from the missing wing of the plane. the fragment which resembles part of the a wing from a boeing 777 was located wednesday on the island of reunion. today search crews have recovered a damaged suitcase also on that same island. the french controlled idea land lies in the indian ocean near madagascar, thousands of miles from the original search zone off the coast of australia. earlier today by colleague spoke with sarah bajic whose boyfriend was on the mh-370. >> you put your life into compartments. philip isn't just somebody who i loved. he was my life partner. >> right. >> you know it ripped my whole world apart. but you just have to kind of set that aside because you've still

got -- i've still got three kids to raise and a job to do and a life to live. >> join meg now on the phone from reunion island is nbc news global chief correspondent bill neely neely. he joins me to talk about what we're hearing, bill from airline officials as they feel confident or reinvigorated about the plane fragment leading to the whole plane, correct? >> that's right, thomas. good afternoon. i've just come back from the beach at saint andre where that aircraft fragment was found. we have just learned from french authorities that that meese of debris which is now at an airport close to where i am now in reunion will be flown back to france about the next few days and will be examined at a laboratory in or near tulis in southwest france by french p investigators. remember those investigators have said they have not yet identified that fragment and

it's too early to say if it is from a boeing 777 or from mh-370 but they say no theory can be ruled out, including that it could be from a boeing 777. how do you say, all eyes even here are on that small piece of coating that was found on the piece of debris codes that reads 657 bb. it's not a serial number but it is something that could be used in conjunction with a boeing manual to identify whether this is indeed from a 777. some people on social media say they have done that. they have picked up a boeing manual and there is a part number 657 bb. if it was shown that was a case then it would be from a boeing and there is only one 777 that is missing and that is mh-370. i was on the beach where the piece of debris was found.

i've since it was found they have been searching day and night to see if they can find more. they've been out in fishing boats, coast guard vessel has been out. they've been up in the air in a helicopter. it's pitch-black here. i have to say from what i could see the beach was absolutely covered in debris because this is part of a strong current that comes all of the way from australia which may be 4,000 miles away. but the current brings debris on to the coast of this island and madagascar near here. it was a case a year ago where a man in western australia lost his boat and it was found eight months later on the coast of madagascar. those ocean currents in a counter clockwise direction really are quite strong. the circumstantial evidence is mounting that could suggest that this piece of airline debris is from a boeing 777 and if that's the case then as i said there is only one that's missing and

that's the one that took off from quul la lumpur. >> march 8th, 2014. it was going from quaula lumpur. you said it's talk there. you think that there are more items, more debris that has come ashore? >> well, there is debris littering the beach. now, whether that's got anything to do with mh-370 or a missing plane, highly doubtful. you know, this piece of debris was found by a beach clean-up crew who were determined to try to do something about the problem of debris on the beach. >> i see. >> they saw this thing in the water. they were hauling it in. once they got it in they thought, well, this will be a great thing to display to show the kind of things that wash up on these beaches. and it was only later when they saw the coding and so on that they realized the significance

of this. the debris that i saw, there's no reason to believe that it's connected to any missed plane. it's just normal junk that washes up on any beach, perhaps, thomas. >> bill neely, thank you, sir, reth report ing there off reunion island. joining me now is tochl costello. he does aviation for the network for us. i know this is a big break, tom. explain what this means now that they're going to take this on to the lab and try and connect the dots to see if it really is a piece from mh-370. >> the boeing investigators are pretty confident it is in fact a piece from a 777. as bill mentioned, there's only one 777 missing. that's whatmalaysia 357. the bea will look at it in their labs and get a better sense of how long it's been on the water. they'll try to get a sense of whether there are any signs of at all of a violent ripping action that might have ripped

this piece from the rest at wing. whether there's any signs of scorching or fire or explosive residue. there's an awful lot to look at here. the trouble is it's been in the water for at the most up to 17 months. we don't know how long it's been bobbing in the water there off the coast of reunion. i can tell you that they're also going to be looking with marine biologists with the barn knackles on that particular piece to try to get a sense of some barnicles, some sea life maybe more natural and one piece of habitat is on one side of the indian ocean whereas, you know they may have other barnicles that are unique to another side of the indian ocean. there's an awful lot of work to be done here. i can tell you this piece is called a flaperon. it's a wing flap but it's called a flaperon. this particular flap is used for slowing the aircraft down on approach and also used when they are at high altitudes and

cruising and they want to bank. the folks at boeing were able to look at that and say we know exactly what part that is what piece that is. and then, of course, you see the coding, the number coding which should allow them to concretely say that it is from the 777. i don't talk to anybody at this point who has any doubt, thomas. now the point is trying to backtrack where might this piece come from. that's going to be a huge challenge. >> we will continue to follow this again one of the bigger leads that we have seen since this plane went missing again, in march of 2014. nbc's tom cost tell lowello in washington. anthony, it's good tv you here. i want to read you something from bloomberg about investigators learn about plane wreckage. when investigators recover a floating piece of air france's might 447 wing in '08 dents on the surface showed that landing flaps were retracted when crashed. that told investigators the

pilots were not trying to kircarry out a water landing. what can we learn from the fragment when it gets back to that lab in france? >> this is a tremendous break. it's the biggest break we've had in 15 17 months. it's going to provide an enormous amount of information. the type of metal that's on an aircraft will bend and creek and deform in very specific configurations depending on what hamsz happens to it. what type of force efbted it. was it an explosion? that will be a particular metal fragment pattern. was it a high impact vertical into the ocean at a very high rate of speed in that will appear in a different way. if the flaps deployed it will show a different pattern than that. so it will give us a lot of information. in addition, they'll do examination which looks for chemical residue on the surface in the interior of that part

they'll do met aalmetalurjic examination. all will tell us a story. it's very, very -- >> meanwhile, as we look at the close-up images on the wing the different type of shells and debris that it's picked up along the indian ocean. one thing, anthony, we know that after this flight was diverted for six hours losing contact deliberately diverted away from its original flight, flying into the indian ocean, there haven't been great oceanography maps done of that area. to figure out that has been an unchartered part of our world. >> that's exactly right. they've done a tremendous job. we have 46,000 square miles that were unchartered in the southern indian ocean, that has been mapped in the last 15 months. i mean, the bottom of the seabed there is kind of like the same topography you have in the rocky mountains. it's a very difficult area. very difficult weather. the searchers are really the

real unsung heros. >> fascinating, too, as we use the graphic to show the water currents and how slowly but surely that it's been filtering around. we'll wait to see exactly what confirmation we get after it gets back to the lab but boeing feels confident it is a piece from one of their planes. anthony roman, thank you so much. in the second half hour we're going to look back at how we get here with mh-370 from the plane's disappearance in machb of last year through the ups and downs of the investigation to today's fresh lead. now to a major development in another big story we've been following. the former university of cincinnati police officer charged with murder in the death of 43-year-old samuel dubose. ray tensing dressed in a gray and black jail jump suit plead we not guilty in his first court appearance this morning. his bond has been set at $1 million. nbc -- msnbc's sarah dalloff following the story from cincinnati for us. sarah, we're expecting to get new body camera video today, the

original that tensing was wearing, that was released yesterday. >> that is correct. there already is some video out there floating around thomas, prur port purportedly to be that second body camera video, the cincinnati "enquirer" publishing it online. you see a figure reportedly officer tensing getting up on the ground in the first few seconds. you do not however, see him being dragged. that is something he and his attorney have claimed the prosecutor has dismissed those claims saying that he believes tensing fell when he fired that shot. meanwhile today was an emotional arraignment. the courtroom actually burst into applause when the judge set his bail at $1 million. it was a quick arraignment, less than five minutes in it tensing pleaded not guilty. we got reaction from his attorney and an attorney for the dubose family shortly after it completed. >> i don't know what was going on in that officer's mind except

anger or predisposition against sam, but it showed up as a murder as quickly as you can imagine. >> there are two sides to this thing that can t. case will ultimately be tried and decided in a courtroom. the videotape is subject to more than the interpretation that's been put out there by the prosecutor. >> now, right after that hearing wrapped up, a small crowd of demonstrators gathered on the courthouse steps. the scene last night much bigger. 3 to 400 people rallying for justice for samuel dubose. thomas, if this officer is convicted, he faces 15 years to life in prison. back to you. >> msnbc's sarah dalloff reporting in cincinnati for us. much of the focus in this case is centered on the video from officer ray tensing's body camera and it's subject of our bing pulse question for you today. we're asking should there be a federal lawman mandating police

body cameras? the pulse is live. go to pulse.msnbc.com. give us your opinion. again, should there be a federal law mandating police body cameras? francis rivera will be here with a look of the results. up next, donald trump topping a new set of polls. plus the focus group feedback you don't want to miss on donald trump. and still ahead, we're going to take you live to colorado. the closing arguments in the penalty phase of the aurora theater shooting trial. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive?

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else, too, in the headlines as he traveled to scotland today. his message appears to be resonating according to this bloomberg focus group. take a look. >> he speaks the truth. >> what truth is that? >> when he talks about, especially immigration control and the border he real lit -- he doesn't care what people think. >> unchoreographed. >> he is honest. >> i like his refrigeratorness and little reaganesque. >> he's not a politician. >> he's not going to be like he said i won't be bought off. >> trump is a threat. >> yep. >> because he doesn't fit in the same box all the other republicans are? >> he's like one of us. he may be a millionaire which separates him from everybody else but besides the money issue he's still in tune with what everybody is wanting. >> mark murray is the senior political editor for nbc news and joins me now. mark good to have you with me. while it's fascinating to hear what actual primary voters in new hampshire are saying about donald trump and his campaign we actually hear from the man

himself. this morning he was asked by reporters in scotland if he regrets his comments. the original ones that he made at the announcement that he's run for presidential nomination concerning latinos. take a listen. >> hispanics, a poll came out two days ago where i'm number one with the hispanics. i know you're sure priced to hear that. i'm number one with hispanics and i said that if i get the nomination i will win with the hispanics. >> is he on track? is that true that he's winning right now polling wise with the hispanic vote? >> thomas just kind of a little check on that is that he was citing one poll that doesn't even meet nbc's method ol call standard at all and you're doing of see a slew of polling data which shows the republican party not only is in a deficit with latino voters but donald trump certainly is as well. and so i really wouldn't buy what he's saying there. and any republican particularly donald trump, is going to have a

very difficult time in a general election with the latino vote. >> what about the live free or die honesty what that we got out of those folks in new hampshire talking about what he is. >> thomas i always end up loving hearing focus groups. they are fantastic to get a sense of what voters are thinking, particularly as we're talking about this whole summer of donald trump on what his appeal is to new hampshire republicans. you heard it right there. it's honestly, it's telling it like it is it's something who has the unvarnished truth. the one thing you're not usually getting is negative messages sure to come from donald trump's republican opponents down the road and what's eventually going to trip donald trump up aren't necessarily that he speaks the truth, it's that he was pro choice on abortion supports universal health care, given money to democrats in the past. that is probably what ends up hurting him in the months ahead. >> so funny, mark you used chris christie's campaign slogan telling it like it is and he's

having the hardest time in new hampshire breaking through and they kind of do the same thing, they talk the same way, they shoot from the hip. >> that's right. in a lot of way trump is -- out outtrump chris christie on one of his greatest strength. having republicans talk about immigration. never to the level that donald trump has done it and his popularity, name id as well as his money and this makes him totally unique to everyone else. >> yes. mark murray great to see you. thank you, sir. coming up, the breathtaking showdown between environmental protesters dangling off a bridge in portland. yes, they are dangling live off the bridge coming between themselves and a shale oil ice breaker. we'll tell you who wins this one went which especially womanhen we come back. the plane first went missing and the latest debris to wash up onshore. staying in rhythm... it's how i try to live...

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all right. so the little things you see dangling in the distance off in portland oregon's tallest bridge there, those are actually people. greenpeace protesters for a second day and are taking a daring stand blocking a shale ice breaker that was bound for the arctic. shell has government approval. in oregon today facing dangling protesters the ice breaker turned around and returneded to port. in a statement released the company says shell acknowledges the right of any individual or organization to express their point of view however, we wobltn't condone illegal or unsafe tactics. we're going have more on this coming up in our next hour. but amazing iimages. also developing out of colorado today p the fate of james holmes. the judge expected to give instructions to the jury to guide their deliberations into whether holmes should be sentenced to die for killing 12 people in a crowded movie

theater. closing arguments are set to begin not too long after that. msnbc scott cohen covering the case from centennial colorado. walk us through process in that courtroom. >> sure thomas. we expect very shortly the judge will begin to deliver instructions in this next phase of this multi-step process to determine whether james holmes should get life in prison or the death penalty. and in this step, they will be weighing what they've been hearing over the last several days. the testimony from the defense including the sometimes emotional defense testimony yesterday from james holmes' mother. >> i still love my son. yes. i would have been crawling on all fours to get to him. he's never said that he wanted to kill people. >> the question for the jury is -- at this point now is whether those so-called mitigating factors, whether it's just plain mercy or the fact

that james holmes was mentally ill, the fact that he wasn't in trouble before, whether that outweighs the aggravating factors earlier including the very nature of the killings the fact that multiple people were killed, et cetera. they will have to weigh one against the other. even if a single juror decides that the mitigating sfakters outweigh the aggravating factor it's over with. holmes is automatically sentenced to life in prison without parole. if they agree that the aggravating factors win out, then we go on to yet another phase where we'll hear from survivors and family members, victim impact and jury will again decide once and for all whether james holmes should get the death penalty. >> the process continues. scott cohen, thanks for that report. coming up for everybody investigators are now combing over the plane debris that washed ashore from the indian ocean. there was also other debris that washed up. is it connected as well? plus the case for body cameras. we talk to an expert about how the shooting death of cincinnati samuel dubose is both all too

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♪i leave a story untold... ♪ he just keeps sending more pictures... if you're a free-range chicken you roam free. it's what you do. if you want to save fifteen percent or more on car insurance you switch to geico. it's what you do. ♪ two wheels a turnin'... ♪ more now on the breaking news coverage on the plane wreckage. everybody is asking is it from missing air flight mh-370. right now the fragment is being trant porttransported to france. they are trying to determine if this component numbers matches those from the missing wing. the fragment which resenlmbles part of a wing boeing 777 located on island of reunion.

this dramatic discovery has been 15 months in the making and francis rivera my colleague, is here with the latest on this. it really is a big reminder to think how far we've come since it went missing march of 201. >> 15 months. you can forget the developments since then. let's get everyone back up to speed. several unanswered questions remain. let's start with a boeing 777. it took off from kuala lumpur at 12:41 a.m. the flight was carrying 227 passengers from 14 countries including the united states. and at 2:40 a.m. air traffic control lost contact as it was about to enter vietnam's airspace. and then that leads us to the search that begins and over the next few several days pieces of information are revealed like the possibility of the plane turned back as radar tracking suggested. two passengers also traveling on still on passport one believed to have been an asylum seeker. remember the oil slicks off the coast of vietnam which ultimate

ultimately came back negative for jet fuel. police said their investigation will focus on four key areas. hijacking, sabotage psychological problems and also m personal problems among crew and passengers. and as the days went by the search, that effort expanded dramatically. at one point at least 25 countries, 42 ships and 39 aircraft were involved in searching 27,000 nautical square miles. a search would later expand from the south china sea to the strait of the indian ocean and on march 15th malaysia's prime minister revealed deliberate actions were taken onboard. the flight communication system was disabled and flight path diverged. days later they said the jet's u-turn programmed before the co-pilots signed off. and, thomas possible debris was cited several times over the past year but never confirmed to be that of the missing plane. so you have a discovery like with this one and one key piece

is on its way to the labtory with the key numbers and could very possibly be the beginning of, you know of opening the door to some hope in finding out what happened and where this plane is. >> the big break that everybody has been waiting for. francis, thanks so much. nbc's sarah james is in australia for us. what does this discovery mean for the search efforts off the coast of australia? >> well, it's a significant piece of information. if indeed it does prove, and we don't know that yet, if it does prove to be a piece of missing malaysia airline mh 370 then that is intriguing to those here because that drift pattern is consistent with the area where they have been searching. now they've used all kinds of scientific techniques satellite imagery, oceanography and others to map out that area where they really think they could find the missing jet. but that drift pattern is

consistent. i spoke to the man who is the head of this investigation, the cheer commissioner of australia's transportation safety bureau. here's what he had to say. >> the drift modeling show that over time the wreckage from any aircraft in the indian ocean would disburse to a whole range of different places depending on the type of debris and travel a long way and most of it would travel west. so no great surprise here that it has been found. the real surprise is it's such a possible range of places for it to wash up. >> so, martin doleland there, the chief commissioner of this investigation, and what he's basically saying is, if this turns out to be a piece of mh-370 he believes here they're in the right spot. they are continuing that investigation day and night. they have 200 people dedicated to it at all times and what has happened with finding this piece of debris is that it's really giving them a boost because these men and women really want

to find that wreckage. martin still believes it's possible and if they do find the black box and that cockpit voice recorder, that's part of what it's going to to solve the mystery. thomas? >> we want to check in now with greg former ntsb investigators. as sara was talking about there the importance of trying to find the black box, the cockpit voice recorder and this maybe being the first step in doing that. how likely is it that this one fragment could help backchannel where they could find the larger portion of mh-370? >> i think we have to look at it thomas in 50%. it's got to be a 50/50. this part of course has been floating for some finite period of time. they're going to have to really determine how long it has been adrift because that's going to help them reverse engineer to see if in fact the search area

that they're in needs to be redefined of they have to define a new area. so i think right now we give it 50/50 and try to find the main body of wreckage. >> what do you think about being able to black box, the voice pit, the cockpit voice recorder. do you think there is potential to retrieve those? >> it all depends on the state of the main body of wreckage. if it's in deep water, if it's in the geography that they've described, its mountainous and hilly down below the surface, if that aircraft is accessible by rovs there is a probability to get you to the cockpit voice order and/or the flight data recorder. we have to use caution because the cockpit voice recorder overwrites itself every two hours. unless the person who took this airplane to where it is pulled the circuit breaker and captured what happened in the first hour or two of the flight we won't have anything on the vcr.

the flight data recorder will give us 25 hours and will capture the event but it won't tell us why the aircraft is where it is. >> biggest break that any investigator has had again, this piece of wreckage. it's only 6 1/2 by 8 feet. fairly intact. no visible burn mark or signs of impact. but we'll wait to hear more as it gets back to that lab in france. former ntsb investigator. coming up in our next hour we look at the technology involved in hunting for mh-370. thatten garksen en involved in hunting for mh-370. thatten garksen en involved in hunting for mh-370. thatten garksen en involved in hunting for mh-370. thatten garksen en we want to take you back to that dropping storeeveloping story in cincinnati. hamilton county prosecutor's office has just announced it's investigating other officers in the death of samuel dubose. meanwhile, former university of cincinnati police officer ray tensing now faces a $1 million bond after being charged with murder in dubose's death. tensing pleaded not guilty at the arraignment and his lawyer calls the charge absolutely

unwarranted. dubose's family made a brief statement after the court appearance. they are happy with the bond amount but they're also calling for the officer who witnessed this ordeal and side with tensing to be fired. >> he was an out right liar. he does not carry the integrity to hold office. he needs to be fired immediately. if the cincinnati police and the university police have any standard for integrity they will fire that officer immediately. >> so joining me now is eugene o'donnell o'donnell, former new york city police officer and taught and written extensively on police procedures. good tv you here. i want to start with an interview that hamilton county prosecutor interviewed and he was asked if it had not been for this body cam video if tensing would have been indicted. take a listen. >> bill i think they're right. i'll tell you what. i saw the mayor last night. and i told john i said, john,

you need to put body cameras on every police officer in this city. >> that is the topic of our question today. should there be a federal law mandating body cameras. the nypd just released tin specter general report about body cameras. is this situation more proof that body cameras should be mandated? >> well, it still doesn't tell us what's in the officer's head which is the ultimate issue in the case what motivated him to do this. i think cameras are inevitable. i think there's real concerns about cameras are going to do for policing in places where we need to be doing policing. not the sandra bland pullover type policing but in those cities and places in the country where there's violent crime, people carrying guns people being shot on a regular basis, quality of life issues. we want the police to be proactive. we want the police to be out there. i still continue to have serious questions. we've got towns in the country

where most of peemt killedople killed get away. guns proliferate and people haven't had a good night's sleep in a long time. are police officers going to be willing to engage people with cameras who may very well say, what are you bothering me for and may escalate the situation themselves. >> is this just a perfect example though and an instance of lack of training? shoot, don't shoot training that this 25-year-old hadn't probably had enough practice in the field? >> this is an absolute case of a -- never taken place. campus police officer should not be doing this kind of enforcement. this is textbook issue that exposes the university to liability. totally different remit, responsibility that is street police officer. and this is a remarkable to me that any department would allow this to happen. one of the things that happens in police work is sometimes the police have not a lot to do in their beats and they want to --

that it want to go to places where they think are busier. it's incumbent on police managers to say, no no no that's not what you're hired for, that's not what you're here for. you're here to serve this calm community. not being out in the inner city doing car stops. >> thank you. good to have you with us. we want to go to francis. she has an update on the votes. bing question today recording whether or not this should be a federal law. >> it's pretty clear how our viewers feel about that. look at how the voting has gone so far. 96% of viewers saying yes. only 4% of the voters that we have out there who are watching said no. and based on your conversation with a former nyp dks officed officer, look at how we're looking realtime. you can see a little bit of fluctuation in the last minute towards neutral. but looks overall, overwhelmingly reflecting the scoreboard that many of our viewers saying yes. keep the votes coming.

pulse.msnbc.com. should there be a federal law mandating police body cameras? >> francis, thanks so much. coming up the case against bill cosby. my one-on-one interview with an attorney for the once beloved actor and comedian. he's about to be deposed once again in a new civil suit. ahead in the next hour i'll talk to a long time friend of slain cincinnati driver, sam dubose.

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and a partnership with hp can help you accelerate down a path created by people, technology and ideas. to move your company from what it is now... to what it needs to become. bill cosby has exactly two months from today to give his side of the story in the case of a woman who says he sexually assaulted her when she was just 15. attorneys for both cosby and his accuser must now arrange court ordered depositions by september 30th. cosby's lawyers had been fighting to get the case thrown out but the court said no. now, the civil suit is the only formal sexual assault claim lodged against the comedian in the latest round of accusations. judy hooth claims cosby forced

her to perform a sex act inside the playboy mansion four decades ago. bill cosby has not been charge with a crime in connection with any of the allegations against him. he has denied all allegations in the past. monique presley is an attorney for bill cosby who only recently joined his legal team. monique, thanks for being here. and i know you've seen it. new york magazine just ran a big cover story with photos of 35 accusers and their stories, very descriptive and horrific tales of alleged drugging molestation, and rape. bill cosby though has repeatedly denied the claims of abuse. so my first question is your legal team pursuing legal action against any of these outspoken accusers? >> we're discussing all options in terms of legal action as i've said previously there are numerous instances of defamation against mr. cosby, not just by accusers with their allegations but by different and various media outlets and nothing is off

the table at this time. i did want to just as a point of clarification from the remarks you made in the opening say that the trial judge has not yet decided whether this case will or will not be thrown out. our motion to dismiss in the huff case is still pending as well as a motion for sanctions. the issue before the california supreme court because procedural one as to whether they would be allowed to go forward with an amended complaint after various procedural violations with the manner in which the complaint was filed. >> so in the meantime, if that's notlyly happening with the case and the motions are still yet to be decided upon there is still a date of september 30th where bill cosby needs to be deposed by correct? >> that's the date the judge has given for the parties to arrange the depositions. but also what will be going on is the lawyers will be talking, discussing, and probably filing motions regarding a protective order governing the discovery process. as you know there have been

issues with respect to other cases in other jurisdictions will things are supposed to be kept private about discovery but somehow landed in the public floor. we want to make sure that does not happen in this case the parties reach an agreement. and if the parties don't the trial judge will have to decide. so that's something that i would expect to get figured out before the depositions actually take place. >> i think what you're referencing is the fact the judge did allow for 2005 deposition to be revealed in which bill cosby admitted to buying quaaludes with the intention of giving them to women he wanted to have sex with. president obama was asked about the revelation he had this to say. i want to remind everyone. >> if you give a woman or a man, for that matter without his or her knowledge a drug and then have sex with that person without consent, that's rape.

>> so monique, do you agree with that giving a man or woman drugs without their knowledge and without having them consent to any type of sexual act is rape? >> yes. i act is rape? >> yes, i agree with the definition of rape. i also would say as mr. cosby has said numerous times, that is not what happened with him. he has veementally denied that he gave anyone a drug and that he two, without consent had a relationship or had sexual interaction with another adult. i'd also like to say that in terms of the pennsylvania case the judge did not allow for mr. cosby's deposition to be put into the public. he did not reverse his ruling and agree to that. what he did was grant the ap access and thereby the public to a motion for sanction in which

the attorneys on the other so i had had heavily included numerous excerpts from mr. cosby's deposition. there was still a motion pending before that court to unseal the entire deposition. in the meantime news outlets gained access to the depositions through a court reporter and that was not proper. we have motions pending right now to decide and discuss those matters. >> what would the motion you have against the judge, what are you trying to do? >> there's not a motion against the judge. there's a motion before the judge because we feel that there are were various violations. and that it's through those violations that the entire deposition ended up in the public when it should not have been. >> the court rule states that unless there is an objection documents filed in the court will be unsealed automatically two years after the conclusion of litigation. so when the ap filed a request, mr. cosby's attorneys objected

said said, that's the judge that you're talking about. >> yes. and that related to 16 documents including a motion for sanctions that had excerpts of his deposition. the deposition itself was not filed in public. so that -- that law that you were just quoting doesn't apply. it was never a document that was put into the public through court records. discovery under the federal rules is normally presumetively private. and the parties had agreed that the depositions for all of the parties in the case would remain confidential. that's why the attorneys had, for the plaintiff, had a motion pending requesting to unseal it because they knew that it was still supposed to be sealed. in fact, if the court reporter is speaking truthfully about what they say happened, there's a letter that we filed as an

attachment to our filing and it's from the court reporter saying that they thought in error that the judge had ruled that the deposition itself could be released. and even there, it's incredulous because the court reporter should have then contacted both parties before releasing it and did not. that's the circumstance that we're faced in. and it's a circumstance where we have parties who entered into an agreement and now that agreement hasn't been kept. and we have to go to a magistrate judge per the agreement and figure out exactly what will happen next. all in all the attorneys involved in the los angeles case want to make sure that we don't get a repeat of the same. where oopses lead us into situations. we want to make sure that those rules actually stay in effect. >> all right. well, we shall see if that

deposition ever happens by september 30th in this case in los angeles. thanks for joining me. i appreciate it. >> thanks so much for having me. we're going to be right back after this. get one inspired by dentists. with a round brush head. go pro with oral-b. oral-b's rounded brush head cups your teeth to break up plaque and rotates to sweep it away. and oral-b delivers a clinically proven superior clean vs. sonicare diamond clean. my mouth feels super clean. oral-b. know you're getting a superior clean. i'm never going back to a manual brush. doers. they don't worry if something's possible. they just do it. at sears optical, we're committed to bringing them eyewear that works as hard as they do. right now, buy one pair and get another free. quality eyewear for doers. sears optical hey terry stop they have a special! so, what did you guys think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... ok, you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how

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so there is much more ahead in the next hour on msnbc live including the discovery of what appears to be plane wreckage. is this the first step in solving the mystery of what happened to malaysian airlines flight 370. and i'll talk to communicate leaders about the indictment of a white police officer on a murder charge for shooting a black man. it's so shiny. i know, mommy, but it's time to let the new kitchen get some sleep. if you want beautiful results, you know where to go - angie's list. now everyone can get highly rated service even without a membership. you can shop special offers or just tell us what you need and we'll help you find a local company to take care of it. angie's list is there for all your projects, big and small. pretty. come see what the new angie's list can do for you.

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