tv CNN Newsroom CNN May 25, 2012 12:00pm-1:00pm PDT
it's basically encouraging the j you are to reach a result. it's worth pointing out that all the notes from the jury so far have been requests for evidence. there is really no sign yet that they are having problems. you know, sometimes you'll get a note, one juror refuses to deliberate. there's been nothing like that. so there really doesn't appear to be a hung jury yet, but this is getting to be a pretty long deliberation. >> one of the favorite questions, can you give us the legal definition of reasonable doubt. >> which comes up all the time. it's a very hard concept to define. it winds up being circular. well, it's a doubt that's reasonable. >> and one juror is looking at another juror saying you're unreasonable. >> and most juries do not hang. they come to a result. i have every expectation that will be tcase here, but ife to the end of today with no verdict, that will certainly suggest they're having a hard
time with this case. >> all those years i worked at court tv, i remember fridays we used to call in the biz verdict day. >> absolutely. and you never have verdicts in the morng. they always want the free lunch. >> that sounds crazy, people, but it's -- >> you never see verdicts in the moning. almost never. >> hopefully i'll see you within the next half-hour. don't leave the building. jeffrey toobin on stand by. >> i'm under orders. >> from me. so top of the hour. >> a lot of news today. he lost five years of his life in prison and a promising football career as well. all of that derailed and because of a crime he did not commit. >> dismissed the case.
>> that is brian banks, overcome with joy, emotion, when he hears a judge throwing out a conviction of rape. when banks was 16, he was a rising football star. he had a full ride to the university of southern california, and then one day, in the year 2002, a 15-year-old classmate accused him of kidnapping her and of raping her. her word against his word. and instead of realizing his dreams on the football field, he instead ended up in a prison cell. and that was his home for five years. five long years behind bars. and that wasn't the end of it. another fife years as a parolee. and not just any parolee. a registered sex offender. so then out of the blue, banks gets a message on facebook from his accuser. and wouldn't you know it, she admitted that she lied and she kick started a chain of events that finally, finally cleared his name. and i'm happy to say brian banks joins me live now. he's with the director of the
california innocence project, which did a lot in the effort to get him out and clear his name. >> how do you feel, my friend? >> ecstatic. today it started to sink in a little more. i'm overwhelmed. >> i watch these pictures in the courtroom, your head fell on to the table. i could see the tears falling, literally falling off your face. you knew you were going into that courtroom. you knew this was happening and still it had that affect on you. >> yeah. it was one of those situations where i was overcome with relief and still reminded with the pain and suffering that i went through with prison and parole. just all the false accusations made against me.
it's just a tough reminder. >> brian, there's so many things for you to be angry about. i have to be honest, i watched part of your "today's show" interview. you said you want to look forward and be positive. but there's a lot of wrong that went here. ju juanetta gibson, do you not want to see her charged? >> my main focus has been just being free. being a regular citizen in america. and now that i have that opportunity, i'm open overwhelmed with that. and that's my sole focus. getting a tryout for the nfl and just doing what i can do. >> and you he any inclination to having further conversations with this woman? >> no, none whatsoever. my life is just moving on and moving strong and i'm thankful.
>> maybe not a conversation, but what about a civil lawsuit? because god knows, you're owed. >> you know, for me, like i said, i just want to be positive and i just want to be -- i want knob a better position than what i was yesterday. and the only way that can happen is eliminating any negative ill will or feelings towards anyone. as far as any compensation goes, i haven't given that on any thought. i'm just on cloud ten right now and i'm thankful to justin and the california innocence project for all they've do forme. >> brian's realized. >> tell me how many more brians are out there. how many other people have been falsely accused and for whatever reason, maybe an unjust verdict or they did what brian did and they took the deal because they feared the 41 years. >> brian realized what a lot of my clients have is that anger is going to eat you pup and they don't want to lose any more of
their life to anger. but brian's case, stlr there are a lot of guys out there in that situation. the plea bargains have become the 95% of solution. 95s for of cases are adjudicated by plea. and a lot of guys get in ha situation like brian where they're told look, somebody said you did it, you're saying you didn't do it. you can go to court and roll the case and you may die in prison. or you can take this deal. brie kbran is a 17-year-old kid sitting there making that decision on his own. so what's tragic about this case is, if we hadn't gotten that recanation, brian would have gone through this the rest of his life. >> and had that hanging over him. because the registered sex offender doesn't go away easily. so -- >> exactly. that's why we took this case. >> brian, tell me about your five years behind bars. and this is going to sound like a weird question, but did you learn any lessons that you can
now apply in your life as an innocent man locked up? >> most definitely. just to flefr give up. for me, my passion and dream were to be free. and my soul focus was to be free and that's all i worked on for these many years that i also suffered. as well as wanting to better myself and become an active member in society by giving back from my hardship and my story. i want to help someone or show someone, no matter what you go through, you can get through it and be a better person than you were the day before by staying positive. >> and what about your hopes and dreams when it comes to playing in the nfl? where might that take you? >> i hope it takes me far. i feel very confident and, you know, getting that tryout and producing on the field. i've been working extremely hard for this opportunity.
i just pray to god every day, i'm prepared to meet you halfway with a blessing. i'm confident and ready to play. i'm ready for an opportunity. >> we're lucky to have brian. he's got unbelievable heart. >> for sure. >> i hear you. i want you on my team. i don't play football, but i would love to work with you. brian, you heard what justin just said about the work that he does. and i'm curious, i've done a lot of work in criminal justice and i've got to be honest with you, i don't know very many inmates who tell me you're not innocent. so while you were in there, how many people did you really believe were innocent? >> you know what, i rarely would enter any discussions with other inmates on what they were incarcerated for. just because i didn't want to really indulge my own personal information for my own safety reasons.
but i'm pretty sure i'm not the only one that has gone through something like this or something similar. >> you know, it's -- i'm glad this has happened. i'm a better person for seeing you speak and for seeing just how forgiving you are and i wish you the best luck as you move forward with your life. and good luck in the nfl. you will turn me into the football fan if you get on the field. >> hey, i'll send you a jersey for sure. >> now you're talking. thanks for joining us you two. and good luck to you. >> thank you for having me. >> my pleasure. >> i want to turn to another story. this is just into cnn. vice president joe biden making some very emotional comments. you can see the look on his face. comments about suicide, comments about being in a dark place. you're going to hear what he had to say and who he was talking to.
a family of troops made the ultimate sacrifice for our country. he opened up about the very dark days after his wife and his 1-year-old daughter died in a car crash. that happened back in 1972. and the vice president confided is that it brought him to thoughts of suicide. >> for the first time in my life, i saw how someone could consciously decide to commit suicide, not because they were deranged. not because they were nuts. but because they had been to the top of the mountain and they knew in their heart they would never get there again. it can and it will get better. there will come a day i promise you, and you parents as well, when the thoughts of your son or daughter, husband or wife, brings a smile to your lips before it brings a tear to your eye. it will happen. so moving. that was the vice president in arlington, virginia, today.
now to new york. and the arrest of a man in a decades old missing child case. we are waiting for this man to be charged on murder charges in connection with a disappearance of a child named aton patz. a man confessed to killing that boy. he came a national obsession after vanishing on his way to school 33 years ago on this very day. i want to bring in gil alba. i' been looking at the headlines today. our newspapers here, daily news splashed right across the front. the post says the case solved. i'm not so sure the arrest of one man means solved, do you?
>> not at this point, but being in the same and interviewing that person, after a while, you bring them to the scene and he'll show you what he did and you keep talking to him and you'll find out whether he's telling the truth, whether he's lie or making up stuff. i think the detective felt confident he's telling you the kroout. >> so you're saying you get a different spidey sense when you get him out of the interview room and on to the street? >> yeah, because he's showing you where he was a the time, reacting the whole thing. not many people could do something like that and telling the same story. he's been saying since 1981 he killed a kid. >> to family members, right? >> yeah. and yet that never made that back to the nypd? >> i'm not sure and if anybody
ever complained or something to this effect. but since they did the search, that's when it really came out. >> you worked during this time and this choked the department. they were transfixed by this. >> this was a big deal at the time. that's a big deal in new york city or any city. a kid just waiting for a bus and he disappeareds. where does he disappear? nobody knows. >> remember elizabeth smart. a little i can kid who should not have disappeared from her bed and she did. >> yeah, that was really -- it literally seeped like the boogey man. you were on the major case squad with the nypd. it was the missing persons squad dealing with this case. yet you would walk into work and see etan's face on the walls. >> when you have a kid missing in any police department, but especially the new york city police department, you get obsessed with that. everybody has kids and you really do everything, all your efforts are into finding this kid.
but the big thing, why this kept going and i have to say this, the parents really kept pushing. they never stopped. they kept, you know, finding out, you know, what happened to their son. that's what really kept the case going all these years. >> a i think a lot of people would be astounded to hear that people have come to the nypd before and confessed to this killing. not just one but several. and this is the kind of thing that .has all the time. how do you know when you really got the right guy? and it's not just some crack pot? >> that's why the police department says many times we can't talk about that or we have certain things we can't talk about. specifically for that reason to find out who's who. but after a few minutes you tell who's telling the truth and who can't. >> do you remember john mark card, jonbenet ramsey. he was nutty. i know you didn't work on the case but your friends did. do you think the nypd held back
at least one detail that only the killer would know? >> i'm sure they tried to do that. you don't have a body, you don't have a murder scene. you don't have dna. they only did canvases around the area, talked to everybody. even talked to this 19-year-old kid that was in there at the time. a huge brush fire shutting down major attractions in orlando, florida. it's a thick-lying fog. you can see the traffic moving along but wow, brush fire smoke, you never want to hear about that. it can get thick and fast. just ask chad myers about that. it's caused serious problems in florida in the past. traffic accidents have piled up and killed a number of people as well. we're watching i-4 there near
world center drive near disney, folks. also, we have word of an active hostage situation as well. very busy day. it's inside the prudential building. a man apparently holding hostages there. i'll take a quick break, collect what i can and see what i've got for you. [ male announcer ] we imagined a vehicle that could adapt to changing road conditions. one that continually monitors and corrects for wheel slip. we imagined a vehicle that can increase emergency braking power when you need it most.
happening right now, a hostage situation unfoding in valparaiso, indiana. we've been told a man walked into the plu prudential building located in downtown valparaiso. apparently he was looking for someone who owed him money. he pulled a gun and he's currently holding at least two people hostage. again, this is in valparaiso, indiana, in the prudential building. police are in touch with him, we are told. so it's good that communication is happening at this point. we're monitoring the situation. and as we find out more, of course, we will bring it to you right away. there's more news headed your way. "rapid fire." roll it. the fbi is questioning a man who
tried to storm a cockpit door. he refused to take the seat when told. according to the airline, when snyder moved towards the front of the aircraft, that's when he was detained. passengers watching all of this go down on the plane. >> it was frightening the way terrorism is these days. it was like it was terror sitting in the seat so we were a bit worried. also, hurricane bud smining towards the west coast of the mexico as we speak. take a look at the picture. yeah, it looks ugly, big. but it's losing steal. it's weakening to an 80-mile-an-hour category 1. just enough to ruin your vacation there. there is also another system that could turn into a tropical storm along the east coast. and that could affect the east coast, including florida by
sunday. >> scan. the vatican of all places. a man is under arrest, it's believed he apparently leaked some information, confidential stuff to the media. and get this, the italian media is reporting it's the pope's butler. we were told he was caught red handed with some illegal and very private documents. after months on the loose and plenty of people around the world trying to track him, japan's fugitive penguin, that's him, that's the offender right there. he's back in custody. darn it. the 1-year-old penguin escaped from a tokyo aquarium in march. somehow he sdaped a 13-foot wall and barbed wire fence. i think i see a new episode of "madagascar" coming out. and he was captured last night. now we go to brush fires down in the orlando area.
you can see the traffic. it seems to be moving along okay. i mentioned chad myers being the expert in all of this, because i remember you telling me about another brush fire. things can change very quickly, can't it? >> it can. we talked about how dry florida has been. we we talked about the sinkhole in northern florida caused by the drought and lack of ground watter. this proves how dry parts of florida really are and have been for a long time. i can find the fire on the radar. the radar doesn't know what's in
the air. it's just looking for something. rain drops, hailstones, whatever. it's seeing smoke particles in the air. a very large plume of smoke, all the way down towards poke city. if i look at it, i can actually tilt my radar people up, it's about 6,000 to 8,000 feet in the sky. so this smoke is really movinging. the wind is really blowing and clearly this is completely out of control, ashleigh. >> so one of the things we're gathering is that this is the kind of weekend, memorial day weekend where disney likes to debut new rides. as if a long weekend didn't bring in big crowds anyway, the potential for debuting new rides might bring in greater crowds. does the traffic look out of sorts to you at all? >> you never want to stop traffic on a friday. i don't think very many people are there yet. they won't leave until 3:00 or
4:00 from the east coast cities. then here's the celebration. i owned a home right there for a while. all of this area here is kind of old swampy area. so it's kind of -- it's dried, although maybe underneath it if you tried to walk open it, it would be soft enough like a bog that you could walk through it. but above it is some type of tree, some type of brush. firefighters can't just drive their trucks into some of these areas because the trucks will just sink into the bog. you can see the flame on that picture. i can see the red flame in the middle of that have smoke. >> yeah, i can see it. also see there aren't a lot of cars on the other lanes that are getting closer towards those flames. we each keep an eye on that, chad. appreciate it. >> we've got this just into cnn as well. did i say it was friday and often times verdicts come on friday? we've got breaking news in the
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another sign that newspapers may be on life support. also nasa hailing the capture of a dragon. true. and fleet week hits the big apple. hello, sailor. it's time to play "reporter roulette." we begin with some pretty serious problems facing major newspapers. "the times" in new orleans is no longer going to be in print every day. and that is catastrophic. alison kosik has the story. this is one of four newspapers that made an announcement like this. big, big cutbacks the last couple of days. >> exactly. this is a sign of the finals, isn't it? we're talking about the new orleans times picayune" cutting back this fall.
same with other papers in huntsville, mobile, birmingham as well. sadly, this is really the trend for newspapers in these smaller cities. as we watch this ad revenue in print plummeting because people are getting their content in digital form online and not in paper and ink. so the focus for this newspaper is really going to be putting content online. >> and warren buffett just making a big investment in newspapers. wants to buy more. that does not equate. >> he's doing the opposite. going in the opposite direction. but it's warren buffett, he can do what he wants. he's investing in small town papers. he does own a stake in a big paper, in "the washington post." he just bought 63 papers from media general. that includes 20 local daly newspapers. and buffet rooks like he wants more, too. but interestingly enough, he really seems more interested in keeping these small town newspapers alive more than the big ones. he says he favors the small
cities, the sense of community. it sounds like he's doing it out of the goodness of his heart, but it certainly is a smart business move as well. local advertising is still pretty lucrative. >> is there someone singing behind you at the new york stock exchange? that's the weirdest sound i have ever heard. >> it's sort of the beginning of the cheer. it's traditional here when there's a long weekend, they sort of go nuts on the floor. they start making sounds like you hear and there's a cow bell. it's quite interesting. in about 2 1/2 minutes they're really going to start. there you go. >> they're listening to you live. you set it off, girlfriend. 1r a good weekend. enjoy yourself this weekend. alison kosik live at the crazy nok stock exchange. go figure. a geek alert. first time a commercial spacecraft has linked to the international space station. the brdragon capsule, i've hear
heard that there may actually be underwear onboard for the astronauts onboard the international space station. and you are ourive a -- our aviation correspondent. >> i'm going to side step that saying they have a lot of supplies including some personal things. there's a bunch of stuff, cargo heading up to the international space station. but this is an historical flight. first cargo flight by a private company. it's founded by a billionaire, head of tesla motors. there were tear cheers, not like the ones behind alison, but chaers out in california when
the capsule was grabbed by the robotic arm of the international space station today and did that birthing move. got hooked up to the space station itself. they'll probably open up the door and start removing the cargo tomorrow. speaking oof awesome hook-ups a sea of yuuniforms in new york city. who better to report on this than richard roth. hello. >> hello, ashleigh. the skbenterprise is going to bn the intrepid next month. this called mars, an armed robot. we've got three branches represented here. navy, coast guard and marines. when you came into town onboard the eagle, you went down to the 9/1 1 memorial. why did you do that.
>> it's been 10 years as a volunteer as a firefighter during 9/11. hadn't been back to the city since then. it's a perfect opportunity to go down, remember everything and also take some shipmates down to teach them. >> you're on the wasp. what does fleet week mean to you? a lot of partying? >> it's a big chance to show everybody out here who's been supporting the armed forces what we do. to show them our appreciation. it's amazing to be out here for fleet week. >> what do new yorkers say when they see you out here on your whites? >> hey, let's take care of you. less questions, more doing for us. >> when people in new york say let's take care of you it means something else here. >> how has it been here for you? >> everyone has been hospitable. we want to allow new york for giving us the hospitality they have been.
>> it's memorial day weekend. there's a lot of solemnity as the fleet comes in on this 25th anniversary. it's also the bicentennial of the war of 1812. back to you. >> that was before you and i were born. richard roth, thanks very much. nice to have you. i've got some breaking news. i told you we were looking into it. there's a development. it's a little unyusual. the judge has cleared the courtroom. there's a personal matter regarding the jury. not only has the judge cleared the courtroom, but she is also speaking with the attorneys in the case. very curious. not sure if john edwards himself is allowed to be present and i can't tell you what the personal issue is with the juror or jury, but i can tell you this, they're at six days now.
they got this case a week ago. it's a four-week case and the rule of thumb typically, about one day of deliberation for every week of trial. four weeks trial, six days of deliberations. and that's why you have people of me asking very smart lawyers and analysts, are we at a break in the case or are we at a stand still? perhaps a hung jury in the case. but we do know this. a personal issue relating to the jury. i'm going to see what i can gather on this. going to take a quick break.
welcome back. you probably heard by now the stand your ground law. how about the make my day law, though. ever heard of that? colorado? police say a university student was shot in the hip after the drunkenly entered a couple's home through an unlocked screen door. hear what happened. >> someone came in our house. she's awake. she looks fine. but she's shot. she walked into our bedroom. we screamed at her, she kept coming in the bedroom and we shot her. >> there's no mention yet of a weapon, yet they did shoot her. at this point, zoe is alive and talk on the cell phone.
that's when the operator suggests the woman on the phone question her. listen. >> do you have any questions? >> why did you walk into our house when we were screaming at you to get out? >> she seems kind of stoned or something. >> seems kind of stoned or something. for heaven's sakes, she was shot. police say her alcohol level was 0.2 when she entered the house. the couple's attorney said the make my day law applies. joey jackson is on the case. okay. there's some weird ones out there. but when you have a stand your ground doctrine, make my day doctrine, you don't usually have the two parties talking to each other while 911 is on the line. >> it's a fortunate thing she's
not dead. this girl is drunk, she has a 0.2 of alcohol. she stumbles into a house. the screen door happens to be unlocked. guess what she does at 3:30 in the morning when it was dark. walks into the bedroom. there's a warning that says listen, i don't know who you are. so there's justification. i don't see a proos accusation here. the castle doctrine, about 27 states have this doctrine and pretty much it says your house is your castle. your home is your place of living and if anyone tries to come on to that proper 2i, you have a right to use deadly force. >> and for people who want to notice the gimpbs between stand your ground and castle, castle came first. some took castle and took it out on the street. come into my face and i'm scared, i have the right to defend myself. >> that's what's being looked at
whether stand your ground outside of the home. i think we could appreciate and understand if someone walks into your home. if you don't feel safe you're going to do something about it. but when you get on to the street, there's a question of, is it just shoot first law. >> well, many states have always had that notion that you should try to get away first. they call it a duty to retreat. >> yes. that makes a lot of sense. what you're doing is trying to defuse the situation. you're not escalating saying listen, i have a right to shoot you at first. if it's a duty to retreat, you're going to try to go safely away from the scenario. but the stand your ground law. >> pow. >> let me read the make my day law, just because it's sort of the interesting to hear the statue itself. the law stipulates the owner/occupant who reasonably believes, and i wish we had a different kind of print for that. this isn't the one. there it is. that's not it either.
well, let me read the one i have here. reasonably believes that an intruder will use the slightest degree of physical force is entitled to use deadly force against that intruder. does that mean shooting somebody in the back? >> if you're shooting somebody in the back, that implies they're not as dangerous as you would expect. but they're in your castle. i don't think prosecutors would be so quick to let someone off the hook who shoots someone in your back. it's more designed they're in your face, you feel threatened. this case, it's 3:30 in the morning. they say who are you? she's drunk. horrible situation. >> it will be interesting to see how this plays out. joey jackson, thanks. have a lovely holiday weekend. we have an update in a story i was talking about a few moments ago in portland, oregon. three little children ranging in age from 18 months to, oi don't know, around 4, but no one is
now they're telling us they have located the mother of these three children. again, abandoned in a shed is frequented by homeless people. uncertain of their ages still, but that one way on the right, as young as 18 months. and the little girl in the middle? possibly as old as 4. maybe 3. police telling us that they looked as though they had been cared for. they were dressed and they weren't crying. they weren't exasperated when police found them. don't know if that's because the homeless people nearby were looking after them. but at least we know now that the mother of these children has been found in portland, oregon. all of this, not even an hour with the interview with robert king, the public information officer. some free advice now, money advice for poppy harlow at the cnn help desk.
>> we're going to talk about credit cards because this affects every american in some way or another. with me, ryan mack, the president of optimum capital management. ryan, a question came into us from california. just finished paying off my credit cards. when will this all be reflected in my credit report? >> it's a big myth. a lot of people think if you carry balances on your credit, it helps your actually helps your fico score, that's a misconception. paying down your debt is your balance to total line of credit that you actually owe. the faster you pay down your debt, the faster they take a snapshot from month to month. he should see a dramatic increase in terms of his credit cards. >> the next month. >> exactly. >> what about closing out those credit cards. for a lot of folks that have a number of different credit cards want to get rid of them. also closing them can affect their credit score negatively. >> yes, and when we say close a credit card, go ahead and cut it up but don't close it because it will hurt your credit score. if you have two cards and each
has a $5,000 credit limit and you have $10,000 in total, you close one, and maybe $5,000 is left on this one you're using $5,000 of your total credit limit of $5,000. before you were only using $5,000 of $10,000. so don't close your credit cards. >> just cut them up. >> cut them up and have a ceremony and feel great about it. don't let them get you and hurt your credit. >> great advice, guys. thank you. if you're watching and you have a question, send us an e-mail at cnn help desk at cnn.com. thank you, poppy. one of the smartest men in tv gives his best advice to young people as they get ready for the real world. you're going to hear the inspiring words from fareed zakaria next. people with a machine.
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actually more peaceful than it's been in centuries? and some even say more peaceful than it's ever been. our own fareed zakaria said just that at harvard's commencement. now listen. >> the world we live in is first of all at peace, profoundly so. the richest countries of the world are not in major geopolitical, geomilitary competition with one another. no arms races, to proxy races, no wars, no cold wars among the richest countries of the world. you would have to go back hundreds of years to find an equivalent period of political stability. i know that you see a bomb going off in afghanistan or hear of a terror plot in new york and worry about the safety and security of our times, but here is the data. the number of people who have died as a result of war, civil war, and terrorism is down from
the 1990s. down 75% from the proceeding five decades. it is down, of course, 99% from the decade before that, which was world war ii. we are living in the most peaceful times in human history and he should know because he is a harvard professor. >> fareed zakaria. a series of attacks on women's clinics triggering an alert right across the country. it's news that's unfolding now. we've got it after the break.
burglaries in georgia are making some people wonder if abortion advocates are under attack. what is certain is that the crimes are now putting women's clinics throughout the country on alert. one of the arsons took place at an obgyn's office in georgia where police were able to capture this surveillance picture of someone they're calling a "potential witness." antiabortion activists are condemning the actions. >> what we just do, we just pray. >> cnn's david mattingly is on the story. we should be very clear, david, that not all the clinics in georgia that have been hit are even performing abortions. >> that's right. the two clinics that were hit. one of them provides abortions, one of them does not. but everyone wondering, could this be part of a trend. and the national abortion federation says they've been watching an escalation in what they describe as an escalation of events that have been going on this year.