that failure allowed kelley to buy the rifle that he used in the massacre. joining me now is nbc legal analyst danny cevalos. danny, good to see you. this is a strikings situation in where he legally bought firearms but he was not in a position to legally buy those firearms. he had been court-martialed and the things for which he d been court-martialed should been conveyed to this national system that would have blocked him from buying a gun. first you have human breakdowns. i m sure we ll find out where the breakdown occurred, but the entire system itself is designed for failure. you have a federal system that is trying to coordinate with states, all the different states and all their different laws when it comes to reporting because, remember, the federal government cannot force the states to make reporting or to report to them or provide them with records. right. that s the ruling of the prince case from many years ago. but they can condition federal funds on those reporting
the point is it didn t disqualify him. it almost did but didn t ultimately. even misdemeanors, not fell oni, misdemeanors will disqualify anyone. danny, thank you for being with us today. happy thanksgiving. thank you. coming up next, an emotional nbc news exclusive we re hearing from the pastor of that church in sutherland springs, texas. this is quite a story. you ll remember pastor frank pomeroy lost his 14-year-old daughter annabelle in the shooting along with so many of his parishioners. it is hard to cope right now. but sorry. but still christmas music on, she would want the holidays to proceed. it was her favorite time of the year. this holiday, the real gift isn t what s inside the box.
i told you i had the transcript from our producer inside the courtroom of exactly what was said. i do want to add to that, though. basically when we were told everyone was to head back into the courtroom, that s because the jury did send a note to the judge and the exact wording of that note is we, the jury, are deadlocked on all counts. then again the judge verified with each juror, was that what the determination they individually made. so certainly we will get some more information. hopefully it will be soon. we will see everyone leaving the courtroom and you mentioned we heard from bill cosby last night. he had wished everyone a happy father s day and also thanked the jury at that point for all of their work they were putting in this week. so it wouldn t be a surprise if he said something again to the press once everyone exits the courtroom. thank you for that, brynn. keep us posted. i understand we have danny cevalos here also giving us analysis. wow, this is, you know, we know
philadelphia proper because of that political campaign that dealt with the issue of bill cosby and the d.a. was elected on that campaign promise in part. so the idea they will be able to find a jury pool at this point number one who is not impacted by the campaign promises in philadelphia, is not a sequestered jury from allegheny county who did not hear all the information, you now have all the testimony out there in the public eye, it s a very uphill battle to try to get a successful jury who will be able to be objective and also one that may result in an ultimate verdict. danny is absolutely right on one point many points but one in particular. until you know the breakdown of how this actually went, it may not be professionally prudent to pursue the case again. if there was a lone holdout in favor of perhaps acquittal or in the guilty context, the breakdown is very very important to guide the prosecution in an effort to retry the case in a way that actually could convince a jury be
breakdown to know what you need to now beef up in your defense in terms of testimony. only one person testified, it wasn t bill cosby on the defense. what do you need to make that pendulum swing in your direction. i think it s probably a campaign promise but it may not be prudent to pursue prosecution further. danny, on this whole issue of, you know, retrying this entire case, the prosecutors are very quickly saying they plan on doing it, i m curious how the people who are involved in this case play into it. what if andrea constand decides i don t want to go through this again, how does that impact prosecutors? it doesn t have a lot of impact on a subpoena to come to trial to testify. but prosecutors will take into consideration what a complainant wants to do. there are certain instances where the law requires that they ignore the complainant s desire to proceed to trial but in a case like this, they can take that into consideration. but as we have talked about, as laura pointed ou