Transcript for Defense attorney in Bill Cosby sexual assault case discusses trial results
First new questions about bill Cosby's future, the judge declaring a mistrial in his sexual assault case. Prosecutors are now calling for a retrial. We're going to hear from bill Cosby's attorney live but first linsey Davis has the latest. Reporter: Cosby's lawyer says he's concerned about his client's health and the toll this trial took on the soon-to-be 80-year-old that is of little concern to the prosecutor who is already focused on the next trial. Right after the mistrial announcement he confidently told reporters the last time he retried a case after a mistrial was 1992 and he got a conviction. Reporter: This morning, bill Cosby is a free man. Raising his fist in victory after a mistrial was declared after a jury of 12 remained deadlocked after more than 50 hours of deliberations. 52 hours of having 12 perfect strangers deliberate on your fate. Reporter: Cosby's wife released a statement saying I am grateful to any of the jurors who tenaciously fought to review the evidence, which is the rightful way to make a sound decision. Adding some harsh words for the district attorney calling him heinously and exploitively ambitious and the judge overtly and arrogantly collaborating with the district attorney. After the decision, the district attorney immediately announced plans to retry the 79-year-old comedian. We're going to retry the case. I said it in court. Theres of no pause or hesitation about that and we're moving forward. Reporter: Moving forward means the prosecution will likely revisit their initial petition to have 13 of the more than 50 Cosby accusers testify in the retrial. A big part of the case is trying to establish a pattern on the part of Bill Cosby. We'll see if those witnesses testify. They may significantly impact the outcome in a second trial. Reporter: As for jury selection, the media attention surround Cosby's case is likely to be complicated. For his first trial Cosby's lawyers requested the jury selection be moved 300 miles across the state of Pennsylvania hoping to find unbiased jurors. While the judge has said he would like the retrial to begin within 120 days, the prosecutor has said that legally they have 365 days to retry him but hopes to do it as soon as possible. I know you've been on the case since the start. Brian Mcmonagle, the criminal attorney for Bill Cosby, joins us live. Brian, thanks for being here. Thanks for having me. I want to start with Camille's words over the weekend, big Cosby's wife. You heard linsey report she took on the D.A. Calling him heinously and exploitively ambitious and calling the judge overtly collaborating with the D.A. Are you concerned that those words from Camille Cosby could affect a retrial since you're dealing with the same judge? The judge who presided over our case did a remarkable job. Balancing the needs of Mr. Cosby and the prosecution and more importantly the hard working jurors that came 300 miles to hear our case. As we sometimes see, the people that are most affected by these case, the families, don't have a great appreciation for our roles and what we do. I know that we were personally vilified during the trial and I think when you're looking at Mr. Cosby, you're looking at a wife who believes that the system is unfairly treating her husband and victimizing her husband. I've seen this before. I've seen it again and I don't believe it'll have any effect on our trial. You heard the D.A. Say we'll retry the case. There was no hesitation there. Are you concerned that they'll try again with their original hope to have 13 of the accusers testify before the jury. You know, I think the judge took a great deal of time critically analyzed the law and came to an inescapable conclusion here that the law doesn't permit it. It doesn't permit unproven, old accusations to be used in a trial. The problem here is that's the very reason we're here. The parties walk add way from this case 14 years ago. We're only here because of those unproven accusations and I believe and I know in my heart that the judge will not reverse his decision and will give us a fair trial as he just did. Brian, you said Mr. Cosby began his trial presumed innocent and he leaves that way adding there were no winners here. I'm curious, there were many accusers who came forward over the last year or two and many Americans know Bill Cosby from "The Cosby show" considered America's dad at the time. What would you say to Americans who looked and heard these stories and some who believe that he could be guilty here? How do they reconcile the two consumers they've come to know? What I would say to them is simply this, trust the system. Right now there's one accusation in a court of law and we've just had a trial. None of these accusations have ever been vetted. None have ever been put to the test or cross-examined and the one time that it has happened, fair-minded people couldn't come to a conclusion so I would say to them presume innocence and trust the system. Brian, what would you say to all those women who came forward? What I would say to all of Mr. Cosby's fans and some of the folks on the other side of this, we have a wonderful criminal justice system in this country, trust it, believe in it, and I'm confident that if this case is retried he'll be acquitted. You said the judge, you heard he asked the retrial within 120 days. Are you ready and will you defend Bill Cosby again in court if there is a retrial? If Mr. Cosby asks, then I will answer the call. But we are all just trying to get a little rest, recover, it was an agonizing process, jury deliberations were 52 hours so we're all trying to mend and heal and then we'll make some important decisions in the days to come. 52 hours, as you mentioned, those jurors certainly put in the time to deliberate the case. Brian Mcmonagle, defense attorney for Bill Cosby, Brian, we do appreciate your time here this morning. Thanks for being here. Thanks for having me.
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