she said kevin steele asked if her client would cooperate. when steel said he would use a search warn to obtain confidential documents she turned them over, providing prosecutors with language they needed to write to obtain the file without cosby's defense team knowing about it. as questioned by presley, one of the lawyers for bill cosby, the judge put a stop to some of the questioning, thinking that lawyers were going too far out of the scope here, perhaps looking to get information against troiani for the way that she did hand over those documents. the judge said i'm not allowing this for you to pursue anything civilly against the attorney. as you have hearder the case against bill cosby is going to be moving forward. deanna durante, nbc 10 news. >> if the judge says this case proceeds, it moves forward, do cosby's attorneys have any chance to appeal that decision before it would move forward? >> reporter: this whole proceeding that has happened today has been very unique. so to say that there's a def definitive answer, the judge struggled

kevin steele said there was no such prom is in 2005 and there was no reason why, as happened a few weeks ago steele could not order the arrest of cosby and charge him with the allege sexual assault have of andrea constand back in 2005. over the past 13 hours we have overheard castor the former district attorney saying he did promise no prosecution, however, this afternoon for a couple of hours we did hear two attorneys for victim andrea constand saying they were never aware of any prom that is was ever made that there would not be a prosecution of cosby. so after 13 hours, there were dramatic final arguments by both sides, the defense, again saying there was a promise and in their words a promise is a promise. you have to stick with it. you have to agree not to prosecute cosby. finally kevin steele the district attorney arguing for the the prosecution that there was no promise citing various press releases and statements by castor saying there never was a promise and nothing should stop the current prosecution of cosby. after that judge o'neill going into his chambers for about 15 minute

district attorney kevin steele working to explain why the charges against cosby should stand. >> nbc 10 live team coverage inside and outside the courtroom. rosemary connors outside the courthouse now. what's happening? >> reporter: well, the latest witness to testify is delores, she represents andrea constand, the alleged victim. the one who brought the civil lawsuit against bill cosby. testifying this afternoon that she was unaware of any kind of immunity deal or agreement and that she believes that one did not exist. earlier today the prosecution made every effort to drive home their point that an agreement or promise of this kind should have been memorialized in writing. this case, of course, all about bill cosby. but today he sat quietly listening to testimony and waiting for the judge's ruling about whether or not this charge of aggravated indecent assault should have been filed in the

kevin steele says any non-prosecution argument should have been in writing. and there is no evidence that one exists. he says while he believed constand's claims, it took her a year to go to the attorney. and he said her behavior inconsistent with a person sexually assaulted. and he said the case had flaws because of what he calls constand's inconsistencies and contact with cosby. and he said let's be clear, i am not on your team here, i want them to win. in the case or the hearing resumes tomorrow morning and the judge will make a decision and we will know whether this case goes to trial or is dismissed. live in norristown, chad pradelli, channel 6 "action news." >> thank you, chad. >>> a california model who was suing bill cosby dropped her

the district attorney kevin steele had them reed from the press release, that they would reconsider the matter should the case arise and that was in the context of the press release and any rhetoric that could potentially taint a jury and not to reopen the case. schmidt shout the criminal case was closed. the proceedings are still going on and the judge says there is no plan for how the day will go but hopes to read a decision later today. >> katherine thank you. from katherine with have another crew inside of courthouse right now, you are looking live as the hearing continues behind the closed doors, it's going on all morning long and john rawlins is listening to the testimony now and we'll bring you the latest once the judge reaches a decision and it is expected today and can you get updates on our website at 6abc.com. >>> it was a scary morning

he would never be charged but current district attorney kevin steele asked the court not to hear the appeal the trial. cosby is accused of drugging and sexual assaulting a temple university employee in 2004. >>> turning to politics now. decision 2016. it's primary day for republicans in south carolina and caucus day for democrats in nevada. in nevada bernie sanders and hillary clinton are running neck and neck and they both stump for votes to the very last minute last night. hillary clinton hosted a get out the caucus vote rally in las vegas. her hugs band former president bill clinton and their daughter chelsea asked support towers caucus for clinton today. clinton's campaign is looking to minorities and unions to give her the edge. earlier in the evening bernie sanders held a future to believe in. he greeted supporters posed for photos. he told his backers his campaign is gaining steam and confident that he'll win today's caucus.

kevin steele is expected to present a 2005 press release from castor a key piece of evidence which could show that agreement is not binding. >> in that press release, he says that the the district attorney cautions all parties in this matter that he will reconsider this decision should the need arise. >> reporter: of course, castor saying he should quote reconsider this decision should the need arise indicates that decision, was not permanent. that decision, only made by a judge tomorrow, court is expect to begin at 9:30. we're live from norristown i'm greg argos for cbs-3 "eyewitness news". >>> thanks, greg. the first voting event of the 2016 presidential election, tonight, caucus goers in iowa will pick their candidates, new poll show donald trump in the lead on the g.o.p. side and democrat bernie sanders with a slight lead over hillary clinton. correspondent craig boswell reports from des moines, greg. >> reporter: it is likely to be a nail biter here in way tonight. campaign's trying to round up

kevin steele says that deal has no bearing on their investigation which led to those criminal sex assault charges now being lodged against cosby. he is facing ten years in prison and a $25,000 fine. this all of course links to andrea constand a former temple employee who lodged allegations against cosby back in 2005. erika, back over to you. >> justin, thank you. >>> you probably know our sports reporter pat gallen from "eyewitness news" but how well can he keep up at the sport of rowing. he is not just talking about it the but doing a work out with a local woman rowing in the olympics. >> is that where i'm supposed to be at right now. >> i will be dead by then, there is no way. >> keep it, see if pat can keep up tomorrow morning on "eyewitness news". >> lets give this man a spray tan. >> katie, come on. >> us fair people need love too. >> yes. >> all right. >> we are looking at, steady

cosby's team then tried to have current district attorney kevin steel removed from prosecuting the case. he argued that steele politicized cosby during his campaign for d.a. the judge says steele can remain on the case. cosby then walk out of the courthouse thanking supporters. many like this woman who stood outside all day waiting to catch a glimpse of bill cosby. >> he is a really big icon. it is hard to see somebody like that just go down the drain. he got a lot of work at temple. >> reporter: cosby's attorney will appeal the ruling. they have a lot of work to do. same story with the attorneys here at the district attorney's office because the next court appearance in this case is scheduled for

current montgomery county district attorney kevin steel referred to previous agreements schmidt made with other parties. , during negotiation for that interview pointed out all terms were documented, written down, agreed upon. now, at steak here whether the comedian 78 year eel bill cosby could face these criminal charges, the judge expect to go make decision, from the bench this afternoon, as soon as that comes down, of course, will provide it to you. now live here at the montgomery county courthouse norristown, greg argos, cbs-3, "eyewitness news". >> wait and see what happens, greg, thank you. stay with "eyewitness news" for continuing coverage of bill cosby in court, the latest on tv and website cbsphilly.com. >>> flood watch is in effect in parts of the area, and we could see a lot of rain today. but, at least it is warm, not snowing, talking about. let's check in with katie fehlinger and the weather center this afternoon when it will start coming, katy? >> now that we've turned over and in the afternoon time

kevin steel argues with no record of that deal, it cannot be said to be binding despite castor's promises. last summer a federal judge unsealed portions of that deposition in which cosby details giving woman drugs for sexual encounters. the 78 year-old's account revamped the montco investigation in the constand case, and in view of the cosby's current criminal charges. former temple university staffer andrea constand a accuses cosby of drugging and sexually her home in cheltenham in 2004. they settled out of the court. constand may have had a weaken case citing her contact with cosby within the year and reaching out to a civil attorney before police. here in norristown, however, locals are getting used to hosting such a high profile case. >> i think there is a lot of strong feelings about this case. i think i expect that this

campaign promise by new da kevin steel to pursue this case this morning. now, cause by was told that he -- cosby was told he would not have to face it deposition and the documents were sealed and it's been undon't and this could be critical this morning in direction and future of his case. the hearing is set to begin 9:30 this morning and cbs3 will be here. coming up at 6 a look at this case and why the deposition and bruce castor's alleged deal is so sensitive. erika back to you. >> thank you so much. >> the question this morning is it over in iowa or is it. hillary clinton campaign is claiming victory over caucus battle with bernie sanders ended in virtual tie. both say they are looking forward to continuing a vigorous campaign going into the knew hampshire campaign. >> i will stand up for you and fight for you and work to achieve the america i believe in. >> given the enormous crisis

kevin steele asked for her files to reopen this case last year quote, in the permanent agreement didn't exist, so it certainly wasn't in the file. now ukee and jessica even though the judge did clear his evening schedule legal experts say he likely will not make a final ruling today. a ruling from the bench that is what he will do is take all of this testimony, a all of the evidence, and then make the ruling, a written ruling, at a later date. we will see, the the hearing is asked on ongoing. we are live from the montgomery county courthouse i'm greg argos for cbs-3 "eyewitness news". >> keep it right here on "eyewitness news" for continuing coverage of the bill cosby in court. you can get latest anytime at cbs philly.com. >>> members of the young family are run down and left to die, by a hit and run driver in south philadelphia, and tonight, their relatives are talking only to "eyewitness news". they told "eyewitness news" reporter diana rocco how three victims are doing tonight, diana? >> reporter: jessica those horrifying moments played out in this intersection just 24

kevin steel is expected to present a 2005 press release from castor which could show that agreement is not binding. >>> the the suspect wanted in the stabbing of a passenger on a septa busies behind bars tonight. police say 27 year-old william smalls turn himself in and is charge with aggravated assault and related offenses. that attack happened friday on the the 4100 block of torresdale avenue. police say that the suspect did not have bus fair and got the in the fight with another passenger and then stabbed him repeatedly. the victim is in stable but critical condition. >>> radnor police tonight are searching for a suspect whom they say stole from an elderly woman. thinks a composite sketch of the suspect, on january 21st police say the the suspect prayed on a eight three-year old woman on west wayne avenue. he reportedly knocked on her door and then convinced her, her roof needed repairs, and she let him into her second floor bedroom. >> he stated hey i sea water on the ground. she believed that the roof was

. >> gentlemen, i remember kevin steele saying a secret agreement that permits a wealthy defendant to buy his way out of the criminal case is in the right. it looks like the judge has agreed. walt, greg, thanks very much. >>> our other top story a flood watch in effect. >> meteorologist kate bilo tracking things from the cbs-3 weather center, kate? >> thanks, ukee and jessica. lets take a peak is what going on here we have a frontal system moving across the eastern seaboard extending from new england all the way down to the the deep south where nasty thunderstorms are rumbling through portions of the carolinas and georgia. for us, we have not seen much in the way of thunderstorm activity but we are seeing heavy rain moving through and more. it is intensifying as that back edge starts to push through. we are seeing the back edge of this. bad news we do still have some rain to get through over the the next several hours, and perhaps even some back edge development, for the shore points later tonight. and into early tomorrow morning. so you you can see steadier rain moving in the city, a

hear other testimony in court on another motion by the the defense, this involving the removal of kevin steele the district attorney as the prosecutor in this case. so, the evening continues, here in court, despite this big ruling that gave the thumbs up for prosecutors. >> we mentioned over the past two days some 13 plus hours of testimony, both from witnesses called by the prosecution, as well as witnesses called by the defense. a lot of that testimony factored honor focused on i should say a 2005 press release by then district attorney bruce castor. that press release was worded in a very unique way, by his own testimony yesterday. some folks interpreted that assaying cosby will never be criminally charged by my office ever. others say that was up for interpretation. that was a central point in this entire decision today, here. >> the other key thing, no written documents in the eyes of the prosecution saying cosby wouldn't be prosecuted. this was all based on a oral prom that is cosby says that he gave to the attorney for cosby, back at the time, however, that attorney, walter phillips, ha

cosby's favor, he said he wanted everyone to be ready to decide if they were going to try to get kevin steelethe case. well, you know now they're going to talk about whether kevin stee steele, they'll address the issue later on, but right now kevin steele was looking as though he was satisfied when i looked at him. of course you know, being quite happy. he argued very much that what bruce castor said as far as giving his word to bill cosby, that he would not prosecute him ever he argued that that was not possible, that bruce castor had no ability to do that and had no authority to do that without seeking the approval of a judge. of course, on the other side, bill cosby, the defense, they had argued that bruce castor had all of the room in the world and all of the power in the world to look at cosby's attorneys and say i promise you he will not be prosecuted and that was enough for them to rely on. of course that was not the decision. still up there now, there's a five-minute recess, i want to repeat. ko cosby's people looked as they were not surprised. >> what was bill cosby's reaction? were

." >> there is a second motion being heard that has to do with current district attorney, kevin steele, tell us about that. >> there is a motion to disqualify mr. steele and his office from prosecuting this case in part because of some of the political mash nations that when on during the last campaign here for the district attorney's office, we understand that the judge will hear arguments on it but it's unclear if he will decide on ta set of arguments tonight. >> thank you. john rawlins reporting from the county courthouse in norristown. >>> other news the ongoing flood watch forever the tri-state area, we are keeping an eye on creeks and streams and rivers. and this is the assunpink creek in trenton and smaller tributaries will crest just below flood stage, this is the way it looks in allentown and the rain bined with the snow melt to put a lot of water in the streets. lets get to double scan radar and cecily tynan. how long does the rain continue? >> the steady rain moves out in about two hours. our far west suburbs, the rain is over there and the focus of the steady rain is across

the second blow for the cosby legal defend team, they wanted montgomery county district attorney kevin steel, and his entire office, removed from the case. that motion was denied, as well. >> so, at this point, it is not clear when or if bill cosby's legal team will appeal that decision. bill cosby's due back in court on march 8th. and if he is convicted he could face five to ten years in prison. and keep in mind he's 78 years old right now. guys? >> it will all take a long, long time. all right, dave. >> close to 6:05, this thursday. >> it is thursday. >> hi, lauren? high, a man ambushed killed inside crowded home in frankford, this shooting happened inside a home on the 1800 block of fillmore street. police say as many as 12 people, four of them young children, inside the home at the time. happened around 11:00 last night. victim died at the scene. >> preliminary information said that the shooter walk up to the property, opened the front door, and fired shots. right inside to the house into the living room. striking this 30 year old victim. from witnesses, we know at the time of the shooti

current montgomery county prosecutor kevin steele says no such agreement exists. schmitt says if the threat of criminal charges loomed, cosby never would have testified in a 2005 civil suit against him. it's the transcript of what cosby said in that lawsuit admitting to giving alleged victim andrea constand pills and wine, among other things which gave the newly- elected steele enough evidence to file year. the judge told lawyers he couldn't find any case law which matches the scenario playing out in the cosby case. regardless of how the judge rules in the case, his decision will likely be appealed by the losing side. cosby is expected to appeal that decision. in other high profile crime news -- real estate heir robert durst pleads guilty to a federal gun charge today. the 72-year-old will be sentenced in april -- then he'll be transfered to california where he'll wait trial for the murder of write susan berman. durst was the center of the hbo documentary "the jinx" in baltimore - a convicted murderer whose conviction was the heart of the popular podcast serial -

. >> montgomery county district attorney kevin steele argued that the previous d.a. had no authority shielding bill cosby from sexual assault charges and that the government was not put in writing and a misuse of authority. a secret agreement that provides a wealthy defendant to buy his wait you of a criminal case is not right. they contend then d.a. bruce caster's 2005's decision not to prosecute bars his successors from filing charges. caster testified that the case had serious flaws and hopes that the none prosecution agreement would compel cosby to testify in a civil trial which he did. >> there was a promise made 11 years ago upon which he relied and the sovereign must live up to the promise. the cosby case was unsealed this summer and fueled new charges against the comedian. he testified he gave constand three blue pills and there was sexual can't but insisted it was consensual. and his attorney said that he did not freely testify in the case and had to be compelled by the judge and that his attorneys knew about an unwritten process not to prosecute but that sh

kevin steele and caster says that should not be allowed to happen. >> and here is mr. cosby being led out to the elevator and deposed in the civil case and that was released to the public and the testimony where he admitted obtaining prescription medication and giving it secretly to have sex with them. that caused many of these cases from years ago to come out. he is leaving now in norristown courthouse and that is in fact what has been the issue and the statute of limitations have run out on many of the women who said he assaulted them so only a few are still legally able to pursue the cases, we are showing you the side of the courthouse from chopper 6 hd he still has a long walk from the elevator banks to the steps, we'll stay with you a moment and give you a look as he gets into his vehicle. the statute of limitations had not run out because the attorneys for andrea constand, maybe one day before her case would have run out. they went ahead and filed charges and that is what we are debating tonight. >> the last time we saw him walking into a courtroom in montgomery

kevin steele says that was never written down and can't be enforced. he pledged to use cosby's deposition in constand's civil suit more than a year ago to encounter that the encounter was criminal. steele defeated castor in the the lassie lex for district attorney say many say this is a case of politics but the question is whether the the judge will decide if that deal was enforceable, or, will those charges simply be thrown out, back to you. >> ken rottweiler our legal expert will be in later on good day to look at the that very issue. thank you. >>> 4:35. >>> girl scout cookies. >> and chippendales. >> we have an app that will help you make a decision burr best cookies, and your favorite wine. >>> first step in the long journey has been taken. you decide 2016, and ted cruz coming out on top of the republicans in the iowa caucus. he beat out front runner by way of the polls donald trump. trump held on to second place, just edging out, marco rubio. >> so after the the democrats that race is too close to call. hillary clinton/bernie sanders in a virtual

kevin steele says that was not win written down so therefore cannot be enforced.that deal be thrown out or will it hold up. we will see how it goes, guys, back to you. >>> we will take it live at 6:35. lauren, what else is going on in the world. >>> today chaka fattah junior will learn his fate. son of the congressman fattah senior will be a appearing in court to face a sentence. fattah junior prosecutors say scammed banks, irs, government loan administrators and the philadelphia school district out of more than $100,000. did he did represent himself and said charges were a way to go after his father congressman chaka fattah senior. junior plans to a appeal that convictions. >>> truck driver accused of crashing in the limo van carrying comedian tracie morgan has pled not guilty. kevin roper was driving a wal-mart truck when that crash happened on the new jersey turnpike in june of 2014. the crash, killed comedian james mcnair, and seriously injured morgan and several others. prosecutors have charged roper with aggravated manslaughter, vehicular homicide and aggrav

kevin steel said that was in the written down and therefore cannot be enforced.is pledge to go use cosby's deposition in constand's civil suit more than a decade ago to argue the encounter was in fact criminal. that it was steele who defeated cost for in the lassie lex for d.a. last year so many people say this is simply about politics. the question is will the judge say that this agreement is up forceable or will the judge throw this all out a lot to watch and wait for today, back to you. >> big legal questions, dave kinchen live for us, thank you. >>> philadelphia police are searching for three men behind a brutal beat down inside a chinese food restaurant. >> when you lot this video, you'll call this brutal. lets bring in steve keeley live, with more on this violent attack. >> so bad we will not show it all to you but this happened on saturday on north broad street in logan just before noon time. a busy lunch hour. these guys don't even care despite four surveillance cameras in plane sight these three guys punch, pummel, whipped and then stabbed this 29 year-o

the district attorney know, kevin steele filed charges in december.he issue is whether or not that alleged agreement holds up. as far as anyone knows it is not in writing. bruce castor isç expected to te the stand to testify about this agreement. this is castor when we spoke to him last year. >> at the time i remember thinking he probably did do something inappropriate but thinking that and being able to prove it are two different things. >> the deposition cosby gave 11 years ago was used for a civil case. if the judge agrees there was a valid agreement, then this criminal case could be dismissed. it's all up to the judge. meantime, cosby has been out on bail. we will be here at the courthouse following what happens. we'll let you know. for now, live in norristown, matt delucia, nbc 10 news. >>> nbc 10 will be inside that courtroom for this morning's hearing in montgomery county. we got you covered. stay with us on air and online for the latest developments. you can also get updates on the go anytime with the nbc 10 app. >>> now your nbc 10 first ale

and being able to prove it from two >> okay, but fast forward and the current district attorney kevin steele says he has no evidence of an immunity agreement in writing. according to him, that is what cosby needs to get the case thrown out. >>> actress helen mirren tearing into drunk drivers in a superbowl ad that features the 70-year-old throwing out some unique insults from people who drive inebriated. this is the company's first drunk driving superbowl ad since 2005. >>> pope francis, movie star. not something you would usually associate with the pontiff, but he will make his acting debut playing himself in beyond the sun. it is a family adventure based on the gospels. it will be the first time a pope as hay peered in a feature film. veteran scared off an invader who smashed in with an ax. he grabbed his handgun, fired a warning shot causing the intruder to run off. >> the guy up there with an ax trying to get in there. i came to the conclusion of it being a sunday, he assumed people would be going shopping or going to church and nobody would be home, you know? >> well, this intruder left

the second blow to the cosby legal defense team, they wanted the district attorney here kevin steel and his office removed from the case. that will motion was denied, as well. now, at this time, it is not clear if cosby's team will appeal the decision. cosby he's due back in court on march 8. if he is convicted he could spends time in prison anywhere between five to ten years. so we'll have to see how of this all plays out again with cosby being back in court on march 8. back to you. >> this should be interesting. >> we'll mark that on our calendars, the whole world watching. dave kinchen on third straight day, thank you. mean tim it didn't take the judge developing to make his decision after the testimony ended in this two day hearing. >> yes, fox 29 legal analyst kenneth rotweiler said one huge mistake happened that led to the judge's ruling in all of. >> this take a listen. >> i think the issue was there a deal between bruce castor and bill cosby. and there is lots of arguments as to that there wasn't a deal. one it, wasn't in writing. any good lawyer will put an important decision l

but current district attorney kevin steele says cosby would have needed an immunity agreement in writingavoid prosecution. in his deposition cosby admitted that he had a number of affairs, had obtained quaaludes to give women before sex and gave constand a former temple university employee pills when she visited his home in 2004. cosby claimed their encounter was consentual. constand said she was drugged and violated. his testimony was leased last year. his case reopened and then he was charged with felony sexual assault. and it is expectd to be packed here today not only do they have the primary courtroom where the proceedings are taking place, they also have an overflow courtroom for all the additional reporters that they expect here today. this all gets under way at 9:30. we're live in norristown, katherine scott, channel6 "action news." >> ♪ >> now many political pundits this morning saying it was not supposed to be this close for hillary clinton again, but close it was. too close to call in fact. now, let's take a look at the numbers this morning as they stand. at this point clinton

kevin steele says that it's not binding for current prosecutors. stay with channel 6 "action news" and 6abc.com, for the latest developments throughout the day. >> in the news at least one person was hurt when a septa train crashed into a septa taxi, that was on the tracks during the morning rush. on the tracks near washington street and cherry street. one the 55 people on board the manayunk norristown line was treated for a head injury, the driver called 911 when she got stuck on the tracks and saw the train and ran. the police cited her and she did not appear to be under the influence. the crash shut down the line for more than two hours. >>> and the cdc is expected to put out guidelines. so far 40 cases in 12 states. we are joined now from new york with the latest. >> reporter: well, health officials say that someone in texas just tested positive for the zika virus and what is alarmed for officials in this case this victim, the virus was not spread by mosquito. a disturbing development in dallas in the battle against the zika virus. >> it was no

kevin steele, will aed crt today noto hear cosby's fast ack appeal. he says cosbyan apal afr the tal, if he is convicted. coy is apaling the hearing he searlier th month when he s argued he was protect from prosecution on sexssault charges by an agreement with the former, d.a. bruce cast. >>> they are heading in the sixthour of o at penn state, the school's basketball arena is pk and dancers are on their fts they try to raise more than 13 million-dollar for the fight against cldhood cancer. live at the bryce jordan center tonight is "action news" reporter chad pradelli. chade can hear it. what is the situation right now. >> reporter: well, jim it is a rocks o here in the bryceordan cter. justoments ago cal ban got offhe stage they had beatles pying hey je, great performance. take a lo at e dance. they ha be dancing qte a while. they have lo ro aad until day 4:00 p.m. the stand are packed. supporters and spectators on their e providing inspiration but the re ipation, as you know jimmies the children wh cancer. >> three two, one... >> with that 700 ps p

montgomery county's newly elected district attorney, kevin steele decided to file charges last year after a judge unsealed transcripts of cosby's deposition in that civil suit. in the deposition, among other sound bill brennan - attorney, legal analyst 1:10-1:19 "it doesn't get any better than having the district attorney at the time say i made this deal and it should be honored. that's as a powerful as it gets" now a judge will decide if cosby's own words can be used against him. more than 50 women have accused cosby of civil suits against cosby. he has denied all of the accusations and is countersuing some of his accusers. in norristown, pa - chris columbia police hope to talk to this man....seen on surveillance. they say he's a person- of-interest in a sexual assault case. it happened in the 800 block of barnwell street. police say a woman reported being sexually assaulted at gunpoint by a man there saturday morning. police have not named the man seen on video as a suspect....just a person of interest. call crimestoppers at 1- 888-crime-sc if you can help i-d him. that's also the numbe

those are both questions that the current da kevin steel is expected to bring in, in cross-examination. this is going to be a very long hearing, break scheduled next for 12:30, then resumes an hour from that. we will be inside the courtroom for all of it but for now live here in norristown, i'm greg argos, cbs-3, "eyewitness news". >>> greg, thanks for that update. and stay with "eyewitness news" as we continue to follow the criminal case against bill cosby. we'll have the very latest on tv and on our website cbsphilly.com. >> the son of pennsylvania congressman, chaka fattah, is sentenced to five years in federal prison. chaka fattah, jr. was convicted in november on 22 of 23 counts in his bank and tax fraud trial. prosecutors presented evidence that the 33 year old miss spent loans and a million dollars in education funds that he got as a school management subcontractor. fattah, jr. was immediately taken into custody to begin serving his sentence. >> developing story right now, chopper three over kensington high school, that's where the school is currently on lockdown. authorities sa

the judge also saying district attorney kevin steele will remain as the prosecutor of the defense haded he be removed from that case and that was also denied. preliminary hearing right now set for bill cosby for march 8th. we are not expecting either side to comment tonight on this. we're told that bill cosby has left the courtroom. i'm not sure whether or not he's made his way to his vehicle. but this is big news. a lot of people closely watching this case because it is the first case of criminal charges to be brought against bill cosby of the many, many women who have come forward to say that he was sexually assaulted and here we're told bill cosby leaving the courtroom right now. looking very frail iain moving very slowly. 78 years old. >> right. partially blind and there were reports couple days of the hearing he look tired and fatigued and the long hearing z that went on and this is obviously a blow to them. as bruce talked about uphill battle his defense attorneys were trying to prove that there was this agreement not to prosecute and get it thrown out. uphill and of course what

in another blow, the judge also ruled current district attorney kevin steel can continue prosecuting the case despite objections from cosby's attorneys. now, cosby's camp left court without giving any interviews but late tonight they sent us a statement saying the decision reached by the court was wrong and we will appeal. cosby's next move could be to suppress a deposition he gave ten years ago during a civil lawsuit where he admits he gave drugs to women before having sex. a judge must decide if that evidence gets thrown out. >> he could, but that would definitely cripple the prosecution's case here. >> reporter: legal analysts say without it the case becomes more of a he said she said relying on the accuser's credibility which the jury might not believe. >> so basically, what you are doing is leaving the prosecution only being able to use the evidence from 2005 which there was no physical evidence and all these other things about the accuser. >> reporter: that accuser is temple employee constand claiming cosby drugged and assaulted her. this appeal process could take months and it

kevin steele says any noprosecution argumt should have beenn writing.nd there is no evidence that one exists. he says whi he believed constand's clai, it took her a yro go to t aorney. ande said her behavior inconsiste with a person sexual assaulted. and he said the case had flaws because of what he calls constand's inconsistcies and contact th cosby. and he said let'se clear, im n on yr tm here, i wan them to win. in the case or the hearing remesorrow morning and the judge will make a decision and we will know whether this case goes to trial ors dismisse live in noisto, cha news."li,hannel 6 "action >> thank you, chad. >>> california model w was suing bill cosby dropp her lsuit tay without explanation. chloe goins accused cosby of drging and molesng her at the playboy mansion in 2008. prosecutors declined to fe crime na-- crimal crges in the case. >>> and police opened fire in st philadehia before 7:00. authorities say as they were ching a man with a gun, one officer fired a single shot. it missed the suspect. the police we able to take the man into cu

i also don't think those will go anywhere. >> they also wanted to throw out kevin steel the current dahere you have to think about the possible, the possibility, of ethical violations, i mean, any time you have someone who, amongst other things, runs on platform, of prosecuting one person, this runs a foul from what we typically hear about someone being tough on crime. when you allienate one particular person, and say i will prosecute this person, if-ee elected, what you are doing is you are speaking to potential jurors in montgomery county and the jury pool has already spoke never their election of mr. steele. >> so what do you think, should kent steel be out in this particular case? >> you know, close call. look, he ran on it as a campaign issue, he has right to run on the campaign issue. let me say mike this will be interesting, because montgomery county will be the center of the universe. this is going to be the only case in the country where bill cosby will be prosecuted. see all of the media out there yesterday. if this case goes forward there is will be akin to the o. j. trial.

kevin steele said no such agreement existed. smith said if the threat of criminal charges loomed cosby never would have testified in a 2007 civil suit against him. in the transcript admitting to giving pills and wine among other things gave the newly elected steel enough evidence. the judge told lawyers he couldn't find any case law which matches the scenario playing out in the cosby case instead forging out on his own. the prosecution continues. nbc news are norristown pennsylvania. >> and cosby has said that sex with constand was consensual. he has denied all allegations of sexual misconduct. >> florida governor rick scott declared a health emergency in four counties amid fears of the zika outbreak. in an effort to contain the outbreak the red cross is asking people traveling to effected countries to wait 28 days before donating blood back here in the u.s. the virus has always made an appearance in georgia and texas with another will 1 1 cases reported there. meanwhile in brazil another challenge as tourists pour into the coun

kevin steele filed charges last month, the district attorney now. far as anyone knows, the agreement is not in writing and there is no court order. bruce caster is expected to take the stand to testify about that agreement, if there was one and what was said. this was caster when we spoke with him last year. >> i remember thinking that he probably did do something inappropriate. but thinking that and being able to prove it are two different things. >> if the judge agrees then, this criminal case could be dismissed. cosby has been out on bail. we will be here at the courthouse in norristown. we'll let you know what happens. live in norristown, matt delucia, nbc 10 news. >> nbc 10 will be inside the courtroom for this morning's hearing in montgomery county. we've got you covered. stay with us on air and online for the latest developments. always get the updates on the go anytime with the nbc 10 app. >>> right now, the search is on for two missing children in camden. the brother and sister who are 1 and 3 years old were last seen with their mother, ken

his legal team also trying to get montgomery coup fee district attorney kevin steele dismissed from the case. that motion was also denied by a judge. cosby's lawyers are appealing that decision as well. >>> police in camden county are trying to question a woman about a hit-and-run and they need your help in tracking her down. linden den old police releasing this surveillance video today. they want to talk to the woman shown here for a hit-and-run accident that happened yesterday near the wawa on chews landing road. if you know hooshes woman is, please call police. >>> the impact of the death of a georgia police officer is being felt all the way in our area. before serving on the force down south, major greg barney helped protect lives in south jersey. >> he put his live on the line on a regular basis as a volunteer firefighter. bill anderson is live in the newsroom tonight with how those who served with him are struggling to comprehend the loss bill. >> chris they're having a hard time. the loss of major greg barney hit in lawnside, new jersey. although he moved to georgia to become a p

the judge also denying cosby's request to disqualify da kevin steele who won a hotly contested race during which he ran ads criticizing his opponent, a former district attorney for not prosecuting the comedian. >>> now to vote 2016. hillary clinton and tonight pulling no punches at the democratic presidential town hall. senator sanders the first to field questions from the audience going after clinton's consistency saying the former secretary of state waffles between being a moderate and progressive. secretary clinton says she isn't concerned about either label. >> i do not know any progressive who has a super pact and takes $15 million from wall street. >> i'm not going to let that bother me. i know where i stand. i know who stands with me. i know what i've done. >> they'll meet face to face tomorrow night at a debate. >>> meanwhile, former u.s. senator rick santorum tonight ending this year's bid for the republican presidential nomination. santorum saying the best way to do that and what he set out to do is not to do it. he had virtually no showing in the polls so he's endorsing u.s. sen

. >> who is not the d a a now because kevin steele is d.a. now. it gets confusing. but she will say if she's called as a witness that she was very much involved in this bill cosby case in 2005. >> she knew about the deal. >> she will say she didn't know about the deal, that goes against there being that the court would say that there was a deal in 2005. by the the way, she's intimately involved with the cosby case. she was bruce castor's first assistant. you have bruce castor saying there was a deal. they call risa furhman as a witness they will say she wasn't a deal. i will say there wasn't a a deal. they cannot prove there was a deal. >> it sound like your word against mine in a courtroom it is all about proof. fit is your word against somebody else's you haven't proven it. >> let's say this moves forward, there is no deal. >> which i think is what will happen. >> how does that have ramifications on anybody else accusing him. >> there is a possibility if this casings forward those other witnesses 50 plus witnesses, some of those witnesses will be called as witness

current montgomery county prosecutor kevin steel said no such agreement existed. if the threat of criminal charges loomed, cosby never would have testified in a 2005 civil suit against him. it's the transcript of what cosby said in that lawsuit admitting to giving constand pills in wine among other things which gave the newly elected steel enough evidence to file charges against cosby late last year. the judge told lawyers he couldn't find any case law which matches the scenario, playing out in the cosby case. instead, forging out in his own and deciding with no former nonprosecution agreement in place the prosecution of the comedy icon can continue. chris pollone, nbc news, norristown, pennsylvania. >> cosby said that sex with constand was consensual. >>> florida governor rick scott has declared a state of emergency in the zika outbreak. all of the patients travelled to latin america or caribbean. the red cross is asking people traveling to affected countries to wait 28 days before donating blood back here in the u.s. the virus has also made an appearance in geor