and we talked to marcia all of that and what did she say it saura paulson the first time they met? that is coming up. >> right now the, the decision going into overtime. and they struggle to reach a ruling over his sexual assault >> putting on a brave face of day two of the preliminary hearing in philadelphia. smiling and waving t onlookers. on his lapel, cosby wore what appeared to be a service pin that wasn't there yesterday. he did serve in the navy in the' 50s. was the promise by the former d.a. not to prosecute cosby in the andrea assault case years ago ever binding? in court today cosby's lawyer claims that it was. >> if the judge finds that the promis prosecute is binding, the case may be over. >> if the judge rules that the promise isn't binding then the assault case, first of against cosby, could go to trial. >> and that new evidence could be used against him, he could be convicted of this crime. >> keep an eye on cosby's court case. there is a lot of news coming out of new york. jennifer garner was stopped by police. but not what you think. >> an arrest visual for sure. b