walt hinter was inside that courtroom at that time, and tell us how bill cosby reacted and what went down, walt. >> reporter: cosby had taken a five minute break while judge was in chambers contemplating his decision. mr. cosby came into the courtroom. he has been in there all day now for some seven hours, nine hours, sat down, the judge walked out and for significance of this ruling, it was very, very under stated. judge steven o'neill, in just a matter of a few sentences, regarding this application, by the defense, to basically stop the prosecution, at that motion it is denied. the in essence, the judge, although not saying it from the the bench said that there was word there had been a promise by former district attorney bruce castor in 2005 not to prosecute cosby was, not a legal significance. it would not impede the current prosecution, and so now the the prosecution of cosby, will go forward to a preliminary hearing and trial but there could be an appeal of this ruling by the defense. in one speaking publicly right now. even at this hour to show how litigious how this kate coul