that was andrea constand. it was all related to an incident that happened in 2004 when andrea constand was a temple university employee, which she accused him of drugging her and sexual assaulting her in his home in 2004. the statute of limitations was a big part of this case as well. just doing a quick google to our previous reporting and this was an article from june of 2020 when the pennsylvania supreme court allowed bill cosby's team to appeal his conviction. at the time it said there were two issues in which he was able to appeal this case. one had to do with the prior bad act witnesses, some of those other accusers who testified about alleged assaults that weren't directly a part of andrea constand's case. the oh issue focused on the prior district attorney's decision at the time not to charge bill cosby a decade ago when this happened to andrea constand. how common are the prior bad act witnesses? is it typical for people if this is one of the reasons why the pennsylvania supreme court is saying this co

we have not heard from indra _ andrea constand herself?dra constant, _ andrea constand herself? we have not heard from indra constant, but - heard from indra constant, but gloria already, who represented more than 30 accusers of bill cosby came out and said that she cannot imagine how those accusers felt, especially those who testified at mr cosby�*s trial —— andrea constand. 0bviously come as you point out, this was a momentous moment in the #metoo movement, it was a chance for women to speak out about sexual assault against people in power. now for mr cosby, this is an opportunity for him to try and reestablish himself, because years before any of these allegations came to light, he was known as america's dad, playing cliff huxtable in the 1980s hit tv show the cosby show. but. cliff huxtable in the 1980s hit tv show the cosby show. but, michelle, what are the — show the cosby show. but, michelle, what are the applications _ show the cosby show. but, michelle, what are the applications of - show the cosby show. but, michelle, what are th

constand. that conviction came after a mistrial on the same charges. cosby, once known as america's dad, has long fought for his release, being denied appeal in 2019 and denied parole just last month. his conviction was the first high-profile celebrity case in the me too era. >> i just think it's really a slap in the face to all of the victims. >> reporter: and cosby's release dealing a blow to the multiple women who accused him of sexual assault. a lawyer for three of the accusers tweeting, he is not released because he is innocent, he is released because a prosecutor promised him years ago that he would not be brought to justice. lawyers for andrea constand, the woman at the center of the criminal case, saying in a statement, andrea, bebe and i are reviewing the decision and have decided that we will not have any comment at this time. but cosby does have some support in former co-star rashad who said finally a terrible wrong is being righted, a miscarriage of justice is corrected. and, jake,

that deposition that he gave in 2005 where the attorney, andrea constand's attorney says when you got the convequaaludes, wasn your mind that you were going to use it with young women that you wanted to have sex with? bill cosby replies, yes. and that was part of what this hinged on, he admitted it in this deposition. but you're saying that now that that shouldn't have been allowed in his criminal trial? >> well, that's what the court has now found, that it should not have been allowed. i want to be very clear in the language that we use here. it is one thing to show the magazine cover of all the women who have accused bill cosby. it's also a different leap to go to who actually was able to testify at the trial. we know that made a difference here, not to minimize anyone's allegations. but it made a difference in how the trial court allowed people to actually testify to substantiate and buttress the credibility of the testimony of andrea constand, who was the one victim whose actual case was before that particular trial jury. and so it's important to make sure we distinguish because i

the higher court said certainly the andrea constand case, you can't go backwards on that. but also the issue here is the statute of limitations. if you remember back in 2015 when kevin steel brought this case forward, it was just days away from the statute of limitations and andrea constand's case expiring. so now we have women who have come forward since. their allegations are from decades ago. so, no. unless possibly maybe the legal analyst can speak better to this, new evidence comes forward, but it's very doubtful at this point. >> thank you. and we will talk to our experts about that. let's go to cnn's jason carroll who is right near cosby's home right outside philly in elkins park. this has been real quick from the ruling by the pennsylvania supreme court to bill cosby being released to bill cosby going home. >> and to crowds starting to gather outside. we've got a lot of media out here. some of that noise that you're hearing are some of those people who support the accusers. some of those from the #metoo movement who are visibly and audibly upset about the court's d

eventually bill cosby settled with andria constand for more than $3 million. then you fast forward to 2015. you've got a different district attorney there, and he -- first it was a woman and then it was a man. they look at this case and say we can prosecute, and they went forward and did that, and because of this agreement the prior agreement, the state supreme court said no, no, no. you can not do that. the other thing the state supreme court found was that the five women who -- the five additional women who testified in the -- in the second trial who gave this evidence of what they call bad acts to establish a pattern of abuse but drugging the women and then sexually assaulting them, the state supreme court found that that tainted the jury. now, we just got a statement from district attorney kevin steele who said that bill crosby walks free today because his case was overturned on a procedural issue but that the state supreme court did not take issue with the facts of the case and the fact that the jury found him guilty of sexual assault. amman? >> speaking

the jury still found that he sexually assaulted andrea constand.and that the conviction will not stand, but again, i want to emphasize, the jury found that bill cosby sexually assaulted andrea constand after administering [ inaudible ] to her. the reason i want to emphasize that for all of those survivors out there who found their peace and their justice, particularly the survivors of bill cosby, i hope that they are still able to find their peace because the court still -- the jury still found bill cosby guilty, even though that will not stand. >> all right. explain how the court in your opinion could have -- because you went through this prosecutorial agreement that they now say did exists, it had been argued away it didn't exes -- exist and wasn't in writing, what is the -- what are they hanging their hat on? is it -- was it a verbal agreement? did the cosby attorney's words versus your office's words. this is what is confusing. >> sure. let me break it down a little bit factually. essentially what happened during the trial back in 2015, maybe 2

constand.he did not have the in place, he would just exercise the fifth amendment right to remain silent and not answer the questions. there is a difference, when an individual in a criminal proceeding actually exercises their fifth amendment right, there is no adverse ruling that comes about. it is charges that they go through the right, when a defendant is seeking that level of protection, there is an adverse ruling that comes in and is the reason why they won't answer the question is the reason that they did actually commit to the unlawful acts asked about during the civil proceeding. and frankly if i was in the conversation where i would defend an individual accused of this type of conduct, and in the civil proceeding, if i don't have that in place by the prosecution, the answer would be that they would not answer subsidence hillbilly. for would stamp leaving the fifth and leave it at that. so based on that, that's why the prosecution was there. >> john: think you've heard the analysis, tra

cosby was sentenced from three to ten years in 2018 for drugging and sexual assaulting andrea constand at his home in 2004. it was the first major case of the me too era and a major fall from grace for the man once considered america's dad for the role on the "cosby show" he played. more than 50 women accused cosby of sexual assaulting or raping them. including 35 accusers who agreed to sit down, talk and be photographed for this powerful cover of "new york magazine" in a few minutes i'll speak with lisa, one of the women who accused cosby of drugging and sexual assaulting her. she testified at his trial but first, jason carroll is out front and jason, a stunning turn of events today. >> yeah, absolutely stunning, poppy when you consider it was last month that cosby was denied bail after serving some three years in prison. his attorneys, those who represent him came out here a short while ago earlier this evening basically saying that his conviction was really all about the court of public opinion and politics. also saying that what happened with the state supreme court was a win not o

cosby denied all allegations and says his conduct with constand was consensual and claimed "when i came up for parole, they're not going to hear me say that i have remorse." he celebrated his release in suburban philadelphia and in a radio interview framed it as a movement for social justice. >> this is it not just a black thing. this is for all the people who have been imprisoned wrongfully regardless of race, color, or creed. because i met them in there, people who talked about what happened and what they did. and i know there are many liars out there, but these people can't get lawyers. >> joining me now nbc news correspondent stephanie gosk outside of cosby's home in elkins park, pennsylvania. describe the scene there and what's the latest, stephanie. >> reporter: it was wild. i covered both the trials, the trial in 2017 where there was a hung jury and then the second trial, when they went back in and got the conviction and i must have said a half a dozen, a dozen times it's unlikely bill cosby will get out of prison. he was old and frail, and the sentence that he was given was goin

andrea constand who accused him of sexually assaulting her. >> yes, and the judge made the determination then not to prosecute bill cosby because of the length of time that elapsed between the time of the crime and the time she came forward. so he said that he made a deal with cosby that he would testify without the 5th amendment right, and he makes this agreement, and then goes forward without prosecuting him on the case of andrea constant. and that is the words that were used against him in the criminal suit. so there were five other women whose crimes were not charged, but five other people who testified against bill cosby showing a pattern of abuse of women, and the supreme court said that tainted the jury, and those were the two issues on which they found that the conviction had to be overturned. bill cosby has to be immediately released from prison, and that should happen later today, and that he cannot be retried on the charges can, geoff. >> and kate snow, this has to be a devastating day not just for andrea constant, but for the more than 50 women who have accused him of inappro

the court also briarng further prosecioutn against cbyos in the constand case. licia reshad w,ho played cosby's tv wife for more than a cadede and hison lgtime friend twtieeng, "finally, a trierble wron hgas been righted a miscriarage of jusceti rrected." while cseosby alway msan tanned his noincence, he was dogged by accusaontis by denozs of women. nsliey sat dnow with him in 2015, as he preparetod spe tako udents autbo the imptaornce of ucedation. are you cceonrned atll a ttha given t ahellegatio tnshat that may oveharsdowou yr message? it'snt ieresting- -isth is a situioatnha tt's unprecenedted. family, my been in this sibuness 52 aryes dan i will -- i've nev sereen ything le ikthis. ything le ikthis. d anreality is and cai n't speak. reporte tr:he newsf o his releaseod tay leaving many of his ausccers stund neand angry. >> i'mon ccerned tt hawomen will think th tathey shoun'ldt come rward. i can tl elu,yo as somodeby who d,di it was alchlenging. witas scary. there we treimes whei n was caedll horriblnae mes for yisang at i said about h.im >>ep rorter: a sndu

. —— constand.s on the stand it has to be a witness who is relative, relative, meaning they have some information that bears on whether or not these allegations are true. and these five people they put on the stand, they were no witnesses to the event between mr cosby and miss constant. they are witnesses to other incidents that are being delayed. with those other incidents were not the subject of the trial. let me show you aerial pictures of the penitentiary in philadelphia or outside philadelphia where bill cosbyis outside philadelphia where bill cosby is at the moment. you will be released today after this ruling from the pennsylvania supreme court. let's bring in david willis live with us from los angeles. tell us more about this agreement that bill cosby had with this prosecutor. yes. an old agreement _ cosby had with this prosecutor. yes. an old agreement and _ cosby had with this prosecutor. 133 an old agreement and it was cosby had with this prosecutor. 13.1 an old agreement and it was one u

10 years in prison after a jury in 2018 found the actor guilty of drugging and assaulting andrea constandng the actor of sexual assault, only constand's account held up in court because of the stat statute of limitations. constand calling today's dealing and decisions disappointing arguing this, bret, will only prevent sexual assault victims from speaking outs in the future. bret? >> bret: alex, thank you. back in washington, the house has voted to form a special committee to investigate the capitol riot last january 6th. the vote was 222 to 190. along party lines with just two g.o.p. members voting yes. republicans contend majority democrats would turn the probe into a political exercise. house speaker nancy pelosi will appoint a chairperson at least 8 of the committee's 13 members, house republican leaders have not said whether they plan to participate. democrats are trying to blame republicans tonight for the spike in violent crime in america's cities. we brought you some of those stories over the past couple of days. but, so far, democrats have come up empty on ways to fix the problem

2018, after he was found guilty of three counts of sexual assault for drugging and molesting andrea constand0a. but in a stunning reversal, pennsylvania's highest court said the entertainer should never have been charged. in the split ruling, the judges wrote the trial shouldn't have gone ahead because of an immunity deal mr cosby had struck with a previous prosecutor. he can't be retried. he just said his heart was racing, he couldn't believe it. he said they was ringing his cell. they was just knocking on the wall. and they said, "you're free, get up, get up!" and he was like, "what are these guys talking about?" gloria allred, who represented 30 of bill cosby�*s accusers, said... bill cosby became known as "america's dad" for his role as cliff huxtable in the 1980s hit sitcom the cosby show. his conviction was seen as proof that even when the accused is one of the most famous people in the world, the voices of the victims of sexual assault could be heard in the us justice system. now, he has a chance to restore his reputation. michelle fleury reporting. let's cross live to new york and sp

he sat for four and when he wouldn't answer certain questions, andrea constand's lawyer, went into court and said they made an agreement already with the d a. so he can't assert his fifth amendment right. he has to testify. he did, he said, incriminating things. and then a new d a came in and said, you know, we're not going to enforce it and the pennsylvania supreme court said wait a minute. this is a due process issue. he you gave him an agreement a promise and lured him into a deposition. and by doing so, um, you can't now turn around and say, well, we're not going to enforce it anymore. so not only is the conviction thrown out, but because of the deal you made, you can never prosecute him again. so that's how this went down. so how did the prosecutor could you say the prosecutor dropped the ball in this case, then if they decided to move ahead and use the information against him. well i'm not even sure you call it dropping the ball with the prosecutor did, according to the supreme court of pennsylvania was violated the agreement that his predecessor made um and the court said, and aga

bill cosby testified in his deposition that he never sexually assaulted andrea constand.ting statements were made regarding other women in other jurisdictions none of which he would have had the ability to immunize him from because he was not the d.a. of those other counties of those other states. i have to respectfully disagree. >> nicolle, very quickly -- >> go ahead, harry. >> very quickly, sure, i understand the factual dispute and i'm not -- and the different facts that say it wasn't a real agreement. >> the supreme court says if you make that kind of even informal agreement it needs to be honored. i understand the point, well, it wasn't really stitched up and the supreme court says the burden lies on the prosecution. i want to note that's the principle. nothing that in any way takes away from the me, too movement or important legal tools that people are now developing to go after injuries that lay unredressed for so long. >> claire mccaskill, you're going to have to dumb this down for the nonlawyer here in your anchor. nowhere in anything i read is there any suggest

whatever happened between mr cosby and ms constand, i can't say, but i didn't think it was fair for himor them to admit five witnesses who really were not there. when you put a witness on the stand, it has to be a witness who is relevant, meaning that they have some information that bears on whether or not these allegations are true. and these five people they put on the stand, they were not witness to the events between mr cosby and ms constand. they were witnesses, you know, to other incidents that are being alleged, but those other incidents were not the subject of the trial. a short time ago the decision to free mr cosby came after the state supreme court felt that a agreement with the prosecutor had been agreed not to charge us or cosby and that the witnesses tainted the trial. the reasonin: the witnesses tainted the trial. the reasoning is _ the witnesses tainted the trial. the reasoning is notjust that the witnesses tainted the trial. the reasoning is not just that there was an agreement by a prosecutor in pennsylvania not to prosecute. that is certainly — pennsylvania not to pro

2018, after he was found guilty of three counts of sexual assault for drugging and molesting andrea constand200a. but in a stunning reversal, pennsylvania's highest court said the entertainer should never have been charged. in the split ruling, the judges wrote the trial shouldn't have gone ahead because of an immunity deal mr cosby had struck with a previous prosecutor. he can't be retried. hejust said his heart was racing, he couldn't believe it. he said they was ringing his cell. they was just knocking on the wall. and they said, "you're free, get up, get up!" and he was like, "what are these guys talking about?" gloria allred, who represented 30 of bill cosby�*s accusers, said... bill cosby became known as "america's dad" for his role as cliff huxtable in the 1980s hit sitcom the cosby show. his conviction was seen as proof that even when the accused is one of the most famous people in the world, the voices of the victims of sexual assault can be heard in the usjustice system. now, he has a chance to restore his reputation. michelle joins michellejoins us michelle joins us now. michellej

constand who is 12 days out of her case expiring as well.ut there while it's bad and extremely hurtful for the women who allege that cosby attacked them, don't let this impact your willingness or desire to get justice and to stand up and face these individuals down because the country has gone through a huge education. >> jesse: again, hollywood protected this man just like they protected harvey weinstein and i look at these guys as arrogant sloppy prosecutors that booted another case again. you said it right, tammy, cosby was found guilty by 12 jurors. but, again, these prosecutors get in there like they did with the alaska senator ted stephens, like they did with trump, like they did with rudy and scooter libby. they get in there and blow it up and screw it up for the victims and it happens every single time. i know know mark agrees with me as a defense attorney. he doesn't like prosecutors either. we will leave at that really quick though, mark. >> i was just going to say the interesting thing that tammy mentioned was there wasn't a writt

and said his contact with constand was consensual. he served two years of his three-to-ten-year sentence more than 60 women have accused cosby of misconduct. ranging from groping to sexual assault to rape going back decades. and at the time the cosby conviction was widely considered the first-major win for the me too movement david henderson, now, civil rights attorney, former prosecute, cnbc contributor. david, where does this case go from here, if anywhere >> shep, i think the basic answer is nowhere. in theory, it could be appealed to the united states supreme court because it does involve a federal question, as to the law. but the supreme court's very unlikely to take this case up because it largely circles around state law so i think that this is it bill cosby's not going to face prosecution. >> likely, shocking for many in the public to -- to read on -- on social media. it was were you surprised >> i am surprised. because basically, the court carved out a new rule. which means that, when a prosecutor makes a public statement tha

he was found guilty of drugging and molesting the ex—basketball player andrea constand in 200a.me court was told that cosby�*s lawyers had secured a deal with the former district attorney in philadelphia that he would not be tried a second time because there was not enough evidence to present. let's talk to vinoo varghese. he's a former prosecutor and white collar federal criminal defence attorney and joins us now from new york. cani can i get your initial thoughts on the news we have been hearing the last couple of hours? i the news we have been hearing the last couple of hours?— last couple of hours? i have been coverin: last couple of hours? i have been covering this _ last couple of hours? i have been covering this case _ last couple of hours? i have been covering this case is _ last couple of hours? i have been covering this case is a _ last couple of hours? i have been i covering this case is a commentator and i had predicted at the time there would be a good reason for reversal in this case. interesting thing is the grounds on which they reversed, they to the point of hav