tv Legal View With Ashleigh Banfield CNN October 23, 2013 8:00am-9:01am PDT
39% say marijuana should remain illegal. support for legalizing pot surged ten points since last november. that will do it for me. thank you so much for joining me today. i'm carol costello. "legal view" with ashleigh banfield starts now. >> live in a school bathroom, and a teacher's body found in the woods. police on the scene in danvers, massachusetts, right now, where every public school in town, in that district is now shut down. also at this hour, it turns out a mystery tweeter that's been tore meanting people in washington, those officials in the government for over 2 1/2 years is snft a white house insider. a high-level national security
council member. if you can believe it. now exposed, embarrassed and officially out of a job. also, they don't call them killer whales for nothing. no doubt they can be deadly. but is it human who are to blame for keeping these huge and highly intelligent creatures captive? we're going to dive deep into the controversy that is sure to change the way you see these amazing animals and perhaps the way we see ourselves as well. hello, everyone. i'm ashleigh banfield. it is it's wednesday, october 23rd. we begin breaking news in danvers, massachusetts. now today, a 14-year-old boy suspected of killing a teacher. and it is a strange circumstance. this morning, all public schools in that district are closed. and students and parents are still in shock as they wait for more information as to what happened and why one of the bathrooms is so bloody.
went to bring in our national correspondent who is working the story. susan, this isn't your typical school shooting style story where there is a crisis that's followed by officials descending upon the school. this is a mystery they're trying to figure out. what are the circumstances that we know of? >> that's right. we don't know exactly how this teacher was murdered. we do know that a 14-year-old man is in custody right now and charged with her murder. a lot of details coming in right now. but let's take a look at what the police are telling us so far. first of all, we must mention the victim first. she is colleen ritzer, she is a math teacher at danvers high school. only 24 years old. she could not have been teaching for very long. danvers is a town that is about 20 miles north of boston. a middle class suburb. let's go to the timeline of what the police are telling us about
this. first they said about 11:20 last night the police received a phone call that she had not returned foam and was not answering her cell phone. now we have a graphic map to show you to try to piece together what happened next. they're telling us that they then went to the school and certa searched it. they found blood in a second floor bathroom. then they're telling us that they used social media to help find the teacher and to find out who might be responsible. wend that the school has a facebook page. we don't know all the details about how social media might have been used. but we do know there was a report on the school's website that a student was missing. and there were a lot of comments listed on the school's facebook on their page. we also know then that overnight, perhaps this is what led them to the suspect, but this 14-year-old was sight the
at a movie theater that you can see south of the school, about five miles for so south of the school, and then just after midnight, police report that they see this young man, who had been identified as a possible suspect, walking on the road north of the school. north of the school nearby. and then they skip forward to say that the teacher's body was discovered in the woods near the high school believed to be behind the high school there. they are not releasing the name of the 14-year-old, ashleigh, because he is a juvenile. we have the name and we are not releasing that either per our policy. we will see what the police say as the case moves on. >> what i don't understand, while officials are saying there's no threat to public safety, they've gone ahead and shut down every single public school in that district. every single one of them is closed today. why is that? >> we certainly have asked about that. and we're told that the decision was made by the superintendent of schools. it was up to that superintendent
and that person made that call. you know, we're left to speculate. because there is so much disrupts there. perhaps a lot of people -- obviously would be stunned by what happened there. and perhaps to give people time to gather themselves. in any case, that's the call. >> very distressing. thank you for that. and i mentioned it at the beginning, i'll mention it again. another school shooting, this one happening earlier in nevada. screams and panic and chaos and feelings of sheer terror. now we can here hear them in the 911 recordings. take a listen. >> a student at sparks middle school. can you please send the police out here. there's a kid with a gun. >> okay. where are -- are they with the gun? >> what? >> where are they with the gun? >> sparks middle school. >> i know. but where at the school? that's what i'm saying. >> by the basketball court.
>> by the basketball court? >> yes. police send them now. >> i need you to talk to the paramedics. don't hang up, okay. hold on one second. >> police are still not revealing the name of monday's shooter, 12-year-old shooter. but his parents now could be on the hook for this. they could be charged for failing to prevent that boy from taking a gun to school. and this is something a lot of people across the country are watching. i want to bring in joey jackson and midwin charles. let me begin with you, joey. we hear about this a lot. parents held accountable at times when their children access guns. what are the specific lawness nevada? >> generally speaking they're child access protection laws. and now nevada, they're about 27 other states that mirror nevada in their child access
protection, but there are different types of what we as lawyers call mens rea. that's the state of the mind of the parents. what do i mean? what i mean is that you store a weapon as a parent. now in nevada if you intentionally, knowingly or recklessly allow your child toe that weapon, you could face criminal charges. the issue here, certainly they wouldn't do it intentionally or knowingly. so you turn to the reckless notice. did they consciously disregard the risk that the child could gain access to that weapon. >> we're dealing with parents who are going to be devastated right now. they've lost their child too. do the prosecutors ever look at that aspect and say enough is enough? >> i doubt it. as you can see, this trend is something occurring over and over and over again in schools. a place where we all expect would be a place of refuse yuj. i think prosecutors want to send
a message to gun owners. if you have a right to carry a gun, that right comes with responsibilities. and that's to ensure that the gun is kept in place where children don't have easy access. i find them doing quite the on opposite, which is going forward and making sure that the parents are frommed. and let's not forget the civil aspect of this as well. you can sue for all sorts of civil charms as well. >> just because you escape as a criminal, does not make sure you escape civil prosecution. hold those thoughts if you would for a movement. thank you for that. i do have a couple of other things i want you to weigh in. just ahead. another -- look, i think we can all kind of think this one through on how unbelievably ridiculous it is. tweeting insults about your peers and bosses. big man, right?
not this guy. not anymore. that's a national security official. and fired. wait until you hear what he said about the people he worked with inside the white house. plus under fire, health and mum services secretary kathleen sebelius, one on one with our dr. sanjay gupta. big question, numb per one, what's up with the obama care rollout debacle. coming up next. [ paper rustles, outdoor sounds ] ♪ [ male announcer ] laura's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen.
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white house national security official jofi joseph fired last week because he posted hundreds of snarky tweets, critical of his bosses and government policies and bosses' friends and officials and just about anyone. it went on for years. jim acosta is at the white house with the very latest on this. when i read these tweets, i that i was reading the tweets a of a 15-year-old mean girl. >> reporter: it sounds like a mean girl or the stereotype behavior. and sometimes washington can behave like high school and this is an example of that. the white house officials say that the national security council, an interesting and important title, he was fired immediately once his identity was revealed as the mystery man behind this twitter handle. which, by the way, if you go on
twitter, is isn't there anymore. and just to give you a sample of the mean spiritedness, there was one about ambassador samantha power, he took a tweet and modified it and tweeted it out himself. it was about how she was wrapping up a busy day at the united nations general assembly. and he tweeted, tweets like this are why so many soured on you. and that's the tip of the iceberg. there are others about sarah palin and valerie jarrett. but once he was busted, parent i he released an apology statement. it says it has been a privilege to serve in this administration. what started out as an intended parody act of d.c. culture, developed over time to mean
spierted comments. i sincerely apologize to everyone i insulted. this is what people don't like about d.c. culture, that it can be sort of mean spirited and cut throat. it's strange that he would apologize since he was contributing to it. >> can i just interrupt you for one second. while he gives you that statement, i want people to know whaekt what he did say. i'm a fan of obama, but his continuing reliance and dependence upon a vacuous siefer like valerie jarrett concerns me. the other one you alluded to. when will someone do us a favor by getting rid of sarah palin and her other white trash family. you are on the money, this is what people despise about the culture in washington, d.c. i have to wrap it there. but jim asos thcosta, thank you
that. >> everybody is so tough when they're anonymous. as the white house is dealing with that, there is no letup in the tiedal waves of complaints about major problems plaguing the obama care website. now at the center of the fire storm, kathleen sebelius. there are demand growing for her to step down. we now know that the website actually crashed during a test run. and no matter that, the president was not informed about that crash. chief medical correspondent dr. sanjay dup that asked her about that and asked her if she has plans to resign. >> just days before the launch, a test was conducted and the website crashed with just a few hundred users at that time.
how was a decision made to still go forward? >> there are people in this country who have waited decades for affordable health coverage for themselves and their family. you probably saw them on your recent bus tour. people who are so eager for this to happen. and what's clear is we have a product. the product really works. we have created a market where there wasn't a market. people have competitive private plans at affordable prices. they have the advantage if they don't have a employer paying a share of their coverage, they are going to have tax help paying a share of their coverage. >> the president said he was angry about this. do you know when he first knew there was a problem? >> i think it became clear fairly early on, the first couple of days -- >> not before that, though? not before october 1st there was no concern at the white house or hhs? >> i think that we talked about
having testing going forward and if we had and ideal situation and could have built a product in a five-year period of time, we probably would have taken five years. >> how many people have signed up? >> we'll be doing what we've done with every other program, medicare part d, we've done it with c.h.i.p. we've said that since the beginning, we'll be giving monthly figures. we have 500,000 plus accounts right now for people in the process of shopping for orderable coverage. >> it seems like an important thing to know, how well is it working. can you say right now how well healthcare.gov is working? what can you say about it? >> thousands of people have signed up. we know that people are getting through every day. it is not where we need it to be. it isn't as smooth as we wanted it to be for the volume of
people who want this product. >> there's a lot of frustration, obviously in the country. and no one probably knows this better than you and the president. did you ever talk about resigning to the president? >> what i talked about is doing the job that came here to do. this is the most important work that i've ever done in my life. delivering on an historic act and making sure we have health coverage for millions of americans. this law was passed three and a half years ago. >> there is a lot of frustrations. if this persists or even at this point now, would you consider resigning over this? >> i think my job is to get this fully implemented and to get the website working right. and that's really what i'm focused on. that's -- i work at the pleasure of the president. he is singularly focused on making sure we deliver on this promise. that's what i'm committed to doing. >> and our thanks to you, dr. sanjay gupta for that interview.
we've learned that secretary sbeemous is set to join president obama in a meeting at the white house this afternoon. and then next week she has plans to head to capitol hill to testify about obama care and the website problems. as i mentioned, the republican chorus for her to step down, decide what she said, that chorus is unabated, getting louder. in fact moemgts ago john boehner gave his weekly news conference. take a listen to what he said. >> when you look at the problems with obama care, all the focus here lately has been on the website. clearly there's problems with the website. but i'm going to argue that the problems go further than that. how about the report over the last couple of days of the hundreds of thousands of americans who are finding out that they're going to lose their coverage because the plans they have today don't qualify under obama care. >> well that is just the
againing of it. dana bash joins us live on capitol hill. dana, that's not the only critique that came out of the news conference today, was it? >> reporter: is wasn't. and what was fascinating was the theme of what you just heard john boehner say. it reflects what we understand he said providely this morning. we were told that he really made the point to rank and file republicans in the house that the website was going to be fixed and that they as republicans really need to focus on the big picture. and also you heard some of the other republicans leaders talk about things like the tax, they call it a tax or the fee as it's tech nick equally called, that people will have to pay if they don't get insurance by the end of 2014. it could be as much as 1% of a family's income. republicans are saying that should be delayed.
also you're going to see more and more republicans use the power that they have in the majority of the house for oversight. they are going to start having a slew of hearings beginning tomorrow. that is something they can do on a whole host of issues in and around the issue of obama care. and you might ask, what about democrats? they did have a meeting with some hhs officials this morning. we're waiting for nancy pelosi to have a press conference. >> and we're coming up on the election years. so i hear we're going to have a lot more of this kind of conversation. dana bash, thank you. six and a half years in prison. that is the you willty matt sentence that a judge handed down just minutes ago. he's the one who admitted in that youtube video that he killed a man while he was driving drunk. more than 2 million people have watched matthew cordle's online
confession. they showed it in court today. he had faced a maximum of 8 1/2 years behind bars. still to come, we're going to take you live to utah where a doctor is on trial for drugging and drowning his burt queen wife. and his daughters, who are in the court room, are planning to testify against him. that could happen at any time. also, later. a known sex offender from canada arrested in a similar incident in the united states. what he faces now and why he won't be extradited to the place he came from.
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in provo, utah, the murder trial of dr. martin macneill is happening right now. he is that doctor accused of drugging and drowning his wife in their bathtub back in 2007. it's day four of the testimony against him. and the courtroom i think immediateless to say, it's been absolutely riveting, some of the details coming out about this case. our jean casarez has been live where some of his own daughters are standing by ready to testify against his dad. one of the details that came out yesterday, he was sporting a brand new wedding ring within days of burying his wife. has more significant material come out since then? >> reporter: i think that's very significant. the brand new wedding ring he wore beginning on the day of and
at his wife's funeral. on the stand right now is the emergency room physician who on april 11th received michele due to a cardiac arrest situation. he just testified that there was a conversation with dr. martin macneill at the hospital as he was trying to work on michele. he said, it was something i have never experience understand all of my years of medicine. dr. macneill offered me $10,000 if i would continue to work on michele and not give up. that was just testified to minutes ago. other, i think, important testimony this morning, was that when she arrived at the hospital at 12:25, he believed she was dead. this emergency room physician said we worked on her and we believe a 50-year-old healthy woman would be able to resuscitate with cardiac activity, she was not. but you can see in the beginning this was a cardiac death that
resulted -- >> so this was a doctor telling an e.r. doctor saying i'll give you $10,000 not to give up the resuscitation? that sounds crazy. >> it does. and dr. macneill went to the hospital. but the question is, on april 11ed, the morning she was found in the tub, what is the prosecution's theory going to be. here are the facts. they are that alexis spoke with her mother, she seemed fine and was optimistic. dr. martin macneill made his last phone call at work at 9:30. he then went to the safety fair at 11:00. when did he have time to kill his wife? prosecutors said yesterday out of the presence of the jury their theory on when he killed his wife. listen to this. >> the theory of our case is that he was able to leave work,
go home, kill michele, and return to work in time to receive that award. and that part of his being so adamant about being in the photo is his intention to establish the alibi. there's a picture of me here at work. and we think that part of our theory and part of our argument is intended to show that that -- that insistence that he made on being in the photograph was actually part of the plan that he developed to obstruct the investigation and to establish that he has a false alibi. >> reporter: ashleigh, the question remains, the doctor was at the safety fair receiving an award before his wife was found unresponsive. and if prosecutors believe that he drowned her as well as applied her with drugs, when would he have time to do that? because he wasn't at the house. >> it's a fascinating series of
events and all within a very short amount of driving distance. thank you for that. we are also continuing to follow this breaking news this morning out of massachusetts where a teacher was found mysteriously dead. there was blood in the bathroom of the school. she found in the woods. all of this as the school system has closed its doors at every school there in the system for all of today. also still could tom, a new film about killer whales living in captivity. there is lawmaker a la lot of t this film "blackfish." the director will join me about in ten minutes. take care of the things that matter most. join today at angieslist.com you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion
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welcome back. i want to get you back into the breaking news off the top of the program we brought you to danvers, massachusetts, where a 14-year-old boy is suspected of killing a 24-year-old teacher and it has resulted in all of the public schools in that district being closed. five elementary schools, one middle school and a high school all in this district. students and parents are absolutely in shock. and a lot of questions still to be answered. blood was found in one of the school's bathrooms, yet the teacher's body was found in the woods. what do we know about this 24-year-old teacher that might lead to clues in this case?
>> reporter: we're not even sure right now what the relationship is between the teacher and the 14-year-old who is in custody. was she his teacher? it seems like an obvious thing. but we're still waiting for confirmation on that. here is what we do know in brief. at about 11:30 last night police get a phone call to report that the teacher, the victim in this case, 24 years old, colleen ritzer didn't go home and not answering her cell phone. the school at about the same time puts out on its own web page an alert about a missing student. the school is searched. they find blood in a second floor bathroom. overnight, they then find a suspect, this 14-year-old boy, who they are not identifying because of his age, he's found walking on a road somewhat near the school a few miles away. the teacher's body -- he's taken into custody. the teacher's body is then
found. did he lead them to her body? they haven't confirmed that yet. but we are also trying to find out what kind of murder weapon might have been used and whether it's been located. >> and then what about the district attorney in this case. since there are a lot of unknowns, there are times when the d.a. will release information to hopefully spark tips coming in. >> reporter: very few details. here is how he reacted however to what happened. this is the district attorney from essex county. >> it was parent that they was a homicide victim. she was a teacher here at danvers high school. this is a terrible tragedy of colleen ritzer and the entire danvers community. >> i would like to briefly go to the twitter page set up by colleen ritzer. on it, she has a skyline of the
city of boston and, of course, boston strong, that saying here all so familiar with after the terrible boston marathon bombing. she would post work assignments on her twitter page. we know that she recently raised money for a heart walk for her grandmother who passed away in 2009, raised a lot of money for that. we'll find a lot more about her, the victim, in this case as the day goes on. >> thank you for that. and when we come back, we're going to take you inside the controversial new film called "blackfish." the film about the training of orca whales and how they are kept in captivity. the director will be live here, next. [ lane ] are you growing old waiting for your wrinkle cream to work? neutrogena® rapid wrinkle repair has the fastest retinol formula. to visibly reduce fine lines and wrinkles in just one week.
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keeping killer whales in captivity. good idea? bad idea? we know these animals are extremely intelligent and have deep family ties. cnn is airing a documentary called "blackfish" tomorrow night. it looks at killer whales and goes behind the scenes at sea world. here is a brief look at it. >> they live in these big families. and they have life spans very similar to human life spans. the females can live to about 00, maybe more. males to about 50 tore 60. but the adult offspring never leave their mother's side. each community has a completely different set of behaviors. each has a complete vocalization
with no over lap. the scientific is reluctant to say that anybody about humans uses languages, but that is a language. >> the issue was in the spotlight, of course, of a killer whale trainer at sea world was savagely pulled underwater and drowned by a whale named till welcome. our martin savage has more. >> reporter: sea world, orlando, 2010. in front of horrified visitors, trainer is dragged into the water, mauled and drowned. >> all of a sudden the whale latched on to her and took her under. >> they ordered sea world to keep trainers out of the water with its star performers. high flying days like these are over. sea world turned down our repeated request for interviews.
but in an op-ed noted that its staff has been interacting with captive killer whales daily. the tragedy of her death cannot and has not been ignored. but neither should literally the millions safe interactions that we've had over that time. video clips of captive killer whales gone wild are easily found on the web. >> he's pulled under. helpless as the whale drags him below. >> reporter: killer whales, also called orcas, are not actually whales, but dolphins. they claim they're just too big for captivity and too competent on their families. they say they are one of the few creatures besides us are aware. and they blame it on a problem,
they're stir crazy. >> this is not an individual a being that's going to be appropriately stimulated by doing stupid pet tricks. >> sea world says that they provide them a stimulating environmentment and for understanding them, they say most of what we know today came from studying captive orcas. this man studies bottle-nosed dolphins, come comparing those this captivity with those in the wild he says we can learn a lot. >> we're seeing things like anti-buy i don't care tick resistance bacteria in the dofl fins which is a direct spinoff from pollution from man. >> reporter: he says they have taught us a lot about killer whales but believe now that we've learned enough and let them go. >> why do you think they're still in captivity? >> well, there's dollars to be made. and is a big draw for the
facilities that have them. >> it's a business? >> it's a business. yes. >> reporter: while the issue of captivity is debatable, what isn't, is the popularity like these. zoos and aquariums set new attendance record almost every year. sea world's entertainment parks pull in $1.5 billion a year. and supporters say there's a lot more to it than just entertainment. performs educate and inspire. >> people are is having less and less daily encounters with animals. so these kind of exhibits are teaching people about the wild. if they don't know animals, they won't care about them. >> reporter: unfortunately, opponents say audiences are not the only ones held captive by the show. martin savage, cnn, atlanta. >> and we want to stress that cnn did reach out to sea world and they delined to be
interviewed on camera. they offered a lengthy statement and i want to read it for you in full. "blackfish" is build as a documentary. but instead of a fair and balanced treatment of a complex subject the film is inaccurate and misleading and regrettably exploits a tragedy that remains a source of deep pain for her family friends and colleagueses. to promote his bias -- it withholds from viewers key facts. that sea world is one of the world's most rerespectable institution. and they return hundreds of animals to the wild every year. and perhaps most important, the film fails to mention sea world's commitment to the safety of its team members and guests and to the care and welfare of its animals assen demonstrated
by the company's continual confinement and commitment to the animals both before and after the death. and you can read the full statement on cnn.com. but in the meantime, i want to bring in the director of the film "blackfish." that was a very long and indicting statement by sea world about your documentary. i've watched the entire documentary. this is riveting. one of the things i found fascinating, the former trainers who worked at sea world who said on camera, i knew nothing about fish. i'm from the midwest, i just wanted a job there. and they are the people often times that we are seeing swimming with many of these marine life. >> that's right. >> and interacting with them. that seems stunning and seemed also, frightening in. >> it was frightening. and i think -- i always have to say this. the trainers at sea world are so clearly the ones who are sort of
putting themselves front and center. >> the four of them in the film. did you come across others that didn't want to talk to you? >> no. i never came across anybody who didn't want to talk to me. everybody who was interviewed is in the film. there were a couple of people who backed out and said if i speak out against sea world, i'll never work for another zoo logical institution again. >> and there were employees at sea world reciting facts and statistics that they say are not true. were there others who you also were able to capture on film working at sea world who said accurate statements that they got cut that weren't in the film? >> no. everything that we heard, in fact we cut some of the miss education that we heard because we didn't have time for an entire segment about miss education. >> they said orcas in the wild
only live about 30 years and many have without question, you should see this film. many people will also say, if it weren't for the 11 million people a year who go to seaworld, we might not know as much as we know if we didn't have a chance to see them up close and personal like that. i get it. there are downsides. do the upsides is outweigh the downsides? >> i don't think they do. i always want to say maybe the reason we're having this conversation and that we care so much and love killer whales and dolphins is because we probably have experienced them maybe close up at a marine park and seen them gazing back at us. that is the connection people have. however the most important thing we've learned about keeping animals in captivity for 40 years, they live very short lives. they get very sick.
they're fighting all the time with each other. tremendous social strife within their own, you know, families in there and in seaworld and they attack trainers. >> and the point of your film we might be encouraging them or creating them to be the killers they may not have been. it's great. thank you for coming on. it's a great film. definitely inspires conversation which leads me to this. you have to see this mean for yourself. cnn films presents "blackfish" tomorrow night 9:00 p.m. eastern tomorrow night 9:00 p.m. eastern time. at od, wr business you're in, that's the business we're in with premium service like one of the best on-time delivery records and a low claims ratio, we do whatever it takes to make your business our business. od. helping the world keep promises.
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mission to banish bullying for all. >> i've felt the pain of being bullied. and i know i've been bullied bad, but i know there are over 100 kids that are beak bullied 100 times worse than i was. >> you see, he has tourette's syndrome. it's a neurological disorder which causes respective movements and sounds called tics. >> jalen began ticking at the age of 2. we went through several doctor appointments. pediatrician was like, oh, my goodness. i think this is classic tourette's case. he was only diagnosed at 3 because in order to be diagnosed with tourette's, they have to on the behavior for one whole year. >> jalen's mom robin uploaded a video to youtube hoping it would help children and parents alike better understand her son's disability. the video has racked up around
200,000 views. and it also captured the attention of actor dash myhawk currently starring on the hit series "ray donovan." >> i was a fighting. >> together dash and jalen captivate their student audience working with jalen's challenge foundation to put a stop to bullying. >> i'm here because i have a young brother named jalen arnold who reminds me of me as a kid. he has a message to bring to the world and doing it at an age that i wish that i had had the bravery to step up and reach as many people as he does. >> and we came up with jalen's challenge because i wanted to stand up. i wanted to do something, make a difference. it hurts to think about how much torture and how miserable a kid's life can be just because one person is causing them to feel about that their self-esteem and that they're worthless. >> dr. sanjay gupta, cnn
world." i'm suzanne malveaux. michael holmes is off today. we have sad news, breaking news out of danvers, be massachusetts. the body of a teacher was found in woods behind danvers high school. a 14-year-old boy now is in custody and is going to be charged with murder. blood was found in a second floor bathroom