2004. The Montgomery County d. A. Filing the charges before the 12year statute of limitations was set to expire in just weeks. Constand worked at temple universitys Athletic Program and considered cosby 37 years her senior a friend and mentor. She accuses cosby of drugging then assaulting her when she visited his pennsylvania home. Mr. Cosby urged her to take pills that he provided to her and to drink wine. Reporter in the complaint, constand said cosby told her the pills were herbal. After taking them, she felt dizzy, nauseous, paralyzed and was aware of cosby fondling her breasts and putting his hands in her pants. Constand filed a civil suit against cosby, forcing him to be deposed. He settled the suit with her, the terms of which were sealed. In his own words unsealed this july and the original criminal case reopened. In it, cosby admits to giving women quaaludes but never without their knowledge. Constand, the first to publicly come forward, accusing cosby. Since then, some 50 women have come forward with similar allegations over four decades hoping now they may finally get justice. For many of my 29 clients, seeing him criminally charged and having to face a trial is the best Christmas Present that they have ever received. Reporter the comedian has repeatedly denied any wrongdoing and has yet to directly answer a question about the allegations. Theres no response. Reporter but in may, he tells abc news ive never seen anything like this. And reality is the situation. And i cant speak. Reporter in a statement, his attorneys called the charges, quote, unjustified. And vowed that he will, quote, be exonerated by a court of law, and the constand lawyer tells me that constand was notified before the charges were filed. And shes extremely grateful that this District Attorney is placing their trust and confidence in her. The preliminary hearing, alisyn, is set for january 13th. Joining us now is criminal defense attorney Midwin Charles and joey jackson. Good to have you both. Joey, how unusual was what we saw yesterday . Not only was it bill cosby, but after more than 50 women have made these accusations since the 1960s, the prosecutor decides to move forward with one case from a 2005 deposition in a civil lawsuit. Is there anything typical about this case . Very atypical. But then again, theres something very atypical about someone being accused of having indecemb inda sessions with different women. The District Attorney evaluated it and said, you know what, theres not much here to move forward. It was a very big part of the political discussion between castor and the gentleman he was running against, steele, who is assuming office tomorrow really. Lets talk about that, midwin. Thats what the cosby camp says. These charges are politically motivate because they became a centerpiece of the campaign to win District Attorney in Montgomery County. A campaign ad is based on whether or not bill cosby could be charged. Well play a little portion of that ad. Kevin steele, First Assistant d. A. With a 98 conviction rate. And tough sentences for sexual predators. Or bruce castor, a former d. A. Who refused to prosecute bill cosby. Castor said we dont charge people for makes a mistake or doing something foolish. Many more victims came forward and castor admitted he could have used their testimony against cosby but castor didnt even dry. Bruce castor was not looking up for the victims. Kevin steele, he made an issue of that, and then kevin steele won with that. Mr. The judge take that into account . I dont think so. I read the affidavit report against bill cosby, its 23 pages long, its very detailed and very particular. But one thing i know he bases opening this investigation, which was opened in july, by the way, on the deposition transcript which became public only this year in 2015. So i dont think that the judge is going to focus on that. But i will say, this may have been politically motivated as joey points out. But in a prosecutor is doing their job, then so be it. Let me put up on the screen what came out of yesterday. The arraignment details. There were charges, three counts of aggravated indecent assault in the second degree. What sentence does that carry, joey . Ten years in jail, cosby is 78 years old. Obviously, youre looking the a death sentence. A lot of what they knew in the deposition was known but the deposition has damning information. Such as, in his own voice, he tells the lawyer who is interviewing him, yes, i got prescription, seven of them, for quaaludes, because i was going to use them on women. When asked in the deposition was it in your mind that you were going to use these quaaludes for young women that you wanted to have sex with . Yes, he says. Thats what the new Prosecutor Says is the tipping point. Right, ive taken many depositions in state and federal court, and i have to tell you, they are taken under oath. So the fact that these are bill cosbys own words, we always know in criminal cases that your words can be used against you i think is remarkable. Im surprised that his attorney representing him at his deposition didnt object. To at least get at that answer in some specific way. And what we should talk about, that if he testifies during trial, the trial against him, he has to stay within the confines of what hes on record saying under oath already as midwin as pointed out. If he veers anyway from what he said hes going to be what we call impeached from a prior statement. And if he admits that he said, is he guilty. I think this is on the battleground was it consent or not consent. Hes admitting they had a relationship and he engaged in, i guess, fondling. But the basis of the charge is the fact that she could not give consent because she was unconscious . Youre both attorneys wow, let bill cosby testify in this trial . I think its a very difficult thing to do, he would have to establish really, hed have to follow what he said within the deposition. I think if he does testify and say, look, this was consensual. I did it in as much as i fondled her. We had somewhat relations but she knew. Remember, when you read the affidavit, also it talks about their prior relationship and the fact that they had some type of romance. Well, thats his view. Thats his view. Would you let him testify, midwin . If he doesnt testify, is it that damning . Well, i will say this, when i saw him walk in the courtroom with the cane, say little dishevelle ll dishevelled. And stricken. This may have been orchestrated and if so, wonderful kudos. What you want to get to do is get the jury to sympathize with your client. Remember, he does have a lot of supporters, still. I think if you put him on the stand, it may play into his favor the fact that he is elderly, 78 years old. There are a lost of people who cannot divorce bill cosby from huxtable. There are obstacles that are just incredible. He was clutching the arms of his attorneys walking in. He tripped. He appeared frail. He appeared every day of his 78 years old yesterday which is a different look than what we normally see from him. Joey, lets talk about how tough this case would be to try. Andrea constand agreed in a civil lawsuit of a settlement of some undisclosed amount of money that bill cosby paid her. She has never spoken since that time. Because there was a gag order. She wasnt allowed to speak because of the settlement. How is this going to work . It will work that shes a victim in a case. Its null and void . Its not that its null and void. The fact is that you have to balance things. Obviously, shes not in a position to speak about it, its a gag order, its confidential, but now there are criminal proceedings. In light of that, our society says if somebody is facing a crime, if youre the victim, come tell your story. I think will it center on veracity. It will center on credibility and whether or not the jury can relate to her remember, even though allegations are, i dont want to say uncorroborated, you could call them that as much as it was her there and bill cosby there. But there are other people going to come forward like her mother saying her behavior changed. She was having nightmares. Screaming in her sleep. Finally, she breaks it and ace i cant hold it anymore, mom. The alleged incident. We call these things in rape cases a he said she said. Is this not a layup. This is going to be a tough one for the prosecutors. It is going to be say tough one. You raise a point, oftentimes, they fall won this sort of he said she said. If you cant have forensic evidence, if you dont have physical evidence, theyre difficult to prove. However, joey is right. There are other actors and prominent people that played a role at the time. I think its important she came forward ten years ago about this that can sort of say well, bill cosby asked me to do this. There were certain people who worked for bill cosby who he told, call her and tell her i will do anything for her. I will fly her here. And that particular person said that bill cosby had asked him to do that for other women as well. So there are all of these individual actors that can sort of help lend credence to her claim. Midwin and joey, thanks for walking us through this. Coming up on new day, we will speak with two cosby accusers in the 7 00 hour, Patricia Sawyer joins us. Shes one of the jane does in that Sexual Assault suit. And playboy model victoria have len tino. We do have breaking news. The mother of the socalled affluenza teenager is back in the United States after coming back from mexico. She arrived in handcuffs by two marshals. Her son ethan is not back. The 18yearold is wanted on a probation violation stemming from a drunk driving dwikz that left four people dead. Counterterrorism officials are ramping up security in three u. S. Cities on this new years eve, after a theft warning of possible terror attacks. Federal officials are investigating the credibility of that threat. The president has been briefed. We find our Miguel Marquez in times square, where a million revelers are expected to ring in the new year tonight. Preparation, under way. And security preparation, underway, miguel. That is a giant party. And a giant security concern here. Thats the spot where that famous ball will drop at 12 00 midnight here. Officials say theyve been preparing all year for this moment. Over 1 million revelers theyre expecting here. Theyre already beginning the security preparations. 6,000 police in times square. In times square, alone from land, sea, and the air. Underground here, theyre protecting this area. Both seen and unseen is what they say they will be deploying in order to detect from any possible threat. The mayor of new york saying that this city is safe. This is going to be a very, very safe place. Times square on new years eve is going to be one of the safest place in the country because of the huge concentration of police security. And a lot of measures youll see and a lot of measures you wont see to help keep people safe. Reporter now, they are relying on dogs. Bomb sniffing dajes, chemical dedeshgts, radiation detectors and cameras. Thousands of cameras here, not only here, times square, but across the city. All those venues around new york and the country as well that used to be a celebration or a party now considered soft targets after paris and San Bernardino. Alisyn. Meanwhile, officials in the belgium capital of brussels cancelling new years fireworks. They arrested two people on suspicion of plotting emblematic sites over the holiday. We just learned there are more searches underway. Lets get to cnn information diplomatic editor Nic Robertson live in brussels with more. Give us the latest, nic. Reporter yeah, alisyn, the Prime Minister here has said that the Terror Threat is changing hour by hour. Were learning now seven more houses are being searched today. Six more people have been detained. Weve learned that the two men arrested this week are now being charged with threatening terror attacks being members participating in a terrorist organization. One of the men arrested is being labeled as a leader and recruiter for a terrorist organization. So they will planning to attack right here, the grand plaza right in the center of brussels. A beautiful square. You get a lot of revelers here on new years even. But the fireworks cancelled. The arrest associated with the paris attack. The man arrested there is being charged with terrorist murder participation of a terrorist organization. Ten cell phones recovered in that arrest operation yesterday. And most of the information that the paris terror attacker, the bataclan theater, the cell phone found outside there, had sent Text Messages, multiple Text Messages to phones here in belgium, hours before the attack. So all of this coming together on new years eve to really sort of cast a long shadow over the celebrations. The fireworks wont go ahead. Similar scenario in paris as well because of the attacks in november this year. Authorities there deciding against holding the big fireworks celebration, gathering a lot of people. The concern all the way across europe here, john. Nic robertson, thank you so much. Meanwhile, the death toll rising this morning. The historic floods hitting the midwest. Thousands of homes and businesses threatened by rising floodwaters which are expected to smash records today. Cnns Martin Savidge is live in arnold, missouri. Martin, it was a long night for people there. Reporter it was there it was a long night, busy night. Highway 61, just to the north of arnold. Arnold is south of st. Louis. Take a look at the water situation here. Heres the critical problem theyre facing, john. Its that theyre running into ways of either to get in or out of town. Highway 61 is basically a northsouth route. Its the only one going to get you over the merrimack right now. The water here is still rising and thats the real concern. Because its anticipated at least correspoaccording to the t may go to 39 feet. Thats unheard of. Forget 1933. That is feet above what everything thought was the alltime record. There are now at least 50 homes suffering with water. It will triple that number before the day is out. They think the crest will come around 1 00 or 4 00 in the afternoon. This community very much understand the gun. About 22,000 live here. Most of them are going to be fine. For those whose homes are under water or will be, its a terrible way to start a new year, john. Ill take it here, martin. Well talk to local officials in and around that area to figure out how things are looking as the sun comes up. Meanwhile, heightened security around the world for new year eve threats. What is being done to keep our revelers safe . Well take a look at that ahead. Good to have you back here on new day on the last day of the year. Some parts of the world already ringing in the new year. Look at this, minutes ago, fireworks lighting up the night sky in auckland, new zealand. Huge crowds were on hand at the citys iconic tower. Taking in the sights and sounds and being the first to ring in the new year. At least for us here this morning as we watch. Back here at home, new York City Police department is beefing up security. Some 6,000 officer, being stationed right there in times square. Federal officials are investigating a u. S. Terror threat to three u. S. Cities. I want to discuss these threats with our cnn security analyst julian khiyam. Before you start your reveling, we want to get your idea on this. We know the president has been briefed on these threats. Threatening in new york, los angeles and washington. Officials say the threat is uncorroborated, based on a single source. How seriously do local authorities need to take this kind of threat . Well, i want to put this in context, since september 11th, 2001, almost every new years has encountered some sort of threat from one or two sources. Just putting it in perspective for everyone, while were on edge, because of the isis threat, because new years eve is a highprofile event, because cities tend to, you know, have these big parties, people congregate, we are always at an elevated risk and an elevated Security Apparatus during new years eve. So, this should feel familiar to many people who can remember the last 14 or 15 new years eves. Well its elevated fear, right. Given paris and San Bernardino, is this going to fuel more fear for some people already on edge. Thats exactly right. Part of what youre seeing coming out of new york, los angeles, other cities. Isnt so much well, we know something bad is going to happen. We know theres a specific threat. This Large Police Presence is what we call, i dont mean this as criticism, security theater. A lot of it is to put a big show of force, so that people feel secure. And i do believe that thats very important, because then people are willing to live their lives, enjoy tonight. And enjoy reveling. Otherwise, look, this wont end. This is what i have to refined people. At what stage are you going to feel comfortable going out there . Were not going to see peace on earth relatively soon. I want to play a little sound from new york as you counterterrorism official who is trying to allay fears. Take a listen. We monitor threat information and intelligence information through our partners with the fbi and all the other government agencies, department of homeland security, cia, et cetera. And we are very, very confident that new years eve in new york city will be the safest place in the world to be. He vows its going to be the safest place in the world to be. Youre a former d. A. Test official. What is your feeling tonight . Its certainly not times square, the combination of the physical capability and covert and intelligence apparatus and all the other elements make me feel pretty confident with a place like times square. What would concern me are those places that are not getting that focus. Places that are soft targets. Towns like San Bernardino, places like most of us have never heard of before until something happens. It doesnt mean not to go out in those places, it just means, look, we have an infinite number of soft targets tonight than almost any day in the United States. The third piece of security, one is the physical presence. One is intelligence sharing. The third is engaging people to see