Hunter told Chris Stigall on Talk Radio 1210 WPHT that he expects the outcome of the case will come down to a battle over the credibility of the allegations against the comedian and actor.
“It is going to be what the police and defense attorneys would say is a he said/she said. This was reported a year after it allegedly happened. There’s no forensic evidence. This is not a case that is going to swing on DNA or finger prints or anything else. There’s fundamental agreement on both sides, by both Mr Cosby’s attorney’s and by prosecutors, there was sexual contact. That’s not at issue here. What is at issue is the defense saying this was consensual, the prosecution saying if, as alleged, this woman was given pills and liquor and if, as she says, she was incapable of even moving or speaking, she cannot give consent and by definition, if she cannot consent to sexual activity, it is a crime.”
He expects one of the main issues of contention to be whether the charges leveled by other women against Cosby will be allowed into this case.
“We’re on the road to a trial, but that road is going to be filled with a lot of pre-trial motions and appeals…Obviously, you can imagine the defense would vehemently say there’s no way in the world. These are all cases that never even got to the level of criminal allegations. How are you going to bring these women in and have them say he did something to them when in fact, he’s never been accused.”
Hunter also said another problem will be choosing a jury that can come in with no clear bias.
“When it comes to a story that virtually everyone has heard about and, quite honestly, probably a lot of people have an opinion one way or the other on. It is really, really going to be a challenge. You can’t get a dozen people who live on a mountain top somewhere. It’s just not going to happen.”