tv Legal View With Ashleigh Banfield CNN November 4, 2013 8:00am-9:01am PST
today. i'm carol costello. "legal view" with ashleigh banfield starts now. >> toronto's mayor denying smoking crack. but admitting to doing a lot of other stupid things. now he's asking police to release that video that everyone has been talking about. also this hour, the disturbing chain of events in the hours before the bullets starting flying in the terminal at l.a.x. plus the warning from the suspect's family that may have come just minutes too late. and from mystery disappearance to miracle rescue, a student falls ten stories before getting wedged in a narrow shaft between his college dorm and a parking garage and he stays that way for 36 hours. hello, everyone.
i'm ashleigh banfield. it's monday, november 4th, welcome to "legal view." mistakes? you bet. public drunkenness? sure. unspecified stupid di? no doubt about it. the mayor of toronto says we should not be mistaking contrition for something called resignation. rob ford says he is not going anywhere. and that alleged video of his honor appearing to smoke crack from a crack pipe. mayor ford says everybody should see it, not just the police. first the latest on this amazing story from cnn's nick valencia. >> after months of bombshell headlines, it was what toronto mayor had to say on his radio show sunday that had everyone listening. >> friends, i'm the first one to admit, i am not perfect. i have made mistakes.
i have made mistakes. and all i can do right now is apologize for the mistakes. >> we have gathered the evidence -- >> reporter: in a news conference, the chief of police says they have video of the mayor. on sunday, he said that that video should be made public. >> whatever this video shows, folks, toronto residents deserve to see it and people need to judge for themselves what they see on this video. >> reporter: mayor ford was also featured prominently in a mormon 400 police investigation into gang activity. the report important as much what it says about the mayor as what it doesn't say. page after page about his alleged drug abuse redacted. but there were photos including
one of ford in front of what police say is a crack house. it also showed questionable behavior. the mayor seen with his one-time driver who has since been indicted on charges. ford hasn't been charged with anything himself. but he has become the butt of jokes. >> hey. hey. don't judge him. maybe he's cleaning up the city by smoking all the crack in it. >> reporter: now the mayor is taking responsibility. even if he's quite not ready to say why he's apologizing. >> there's no one to blame but myself and i take full responsible for it. i want to move forward. but i also know to move forward, i have to make changes in my life. which i can assure you that i will do. i love the work i do.
and i'm going to keep doing it. >> reporter: cnn, atlanta. >> and my colleague, paula newtown joins me live now from ottawa. this is one of those stories where most people simply can't believe the details that they're hearing. but essentially when the mayor did that big mea culpa, was it really one? what was he apologizing more? >> the point is he was not apologizing for any kind of criminal behavior. he basically said he had to change his behavior and change his drinking pattern. that he was going to do it and do it in moderation. that belies the seriousness of the police investigation which he is still a part of. right now the police say they have no reason to lay charges against him. as for that video, they're saying, look, it can't be released because it's part of a criminal investigation. and then the mayor actually saying, look, i want the police
to release the video. he said it again this morning, i want the police to release the video as soon as possible. he phenomenons somehow that this will vindicate him. what he said he was sorry for was drinking and drinking only. >> if there are no charges that surface against this mayor, does that mean that video will never come out? so i mean effectively if he feels confident he's not going to get charged, it's fine to say show the video. >> reporter: police believe that it will come out in several months down the road as part of another trial. but not any time. the point is the mayor says he's still running for re-election next october. he said that he did not do that would compromise his job. you have a city in a bit of paralysis. he was asked this morning, this is a guy who is still under a subject of a police investigation. that doesn't mean there's charges. but then he has to administer the police budget.
so many conflicts of interest right now. >> and that is going to be one campaign that you are already assigned to cover. thank you for that. i want to ask our cnn analy analyst danny cevallos to weigh in on this. >> it's evidence that could come in and corroborate someone else's testimony or other evidence of drug use, possession, intent to distribute. but if this is just ultimately, if he is charged with simple possession for using crack cocaine, it would be highly unusual to base your entire case on video evidence without a seizure analysis or any other coraub rating evidence of that possession. however, if the police decide to morph if into a more serious charge, well, then it could come in as corroborating evidence. but it has to be authenticated and has to be -- well, in
canada, i don't know what the rules of evidence are there. but here in america, you would have to authenticate that video evidence and you really wouldn't have a lot of drug simple possession cases based on video evidence alone. >> from my years in canada, there's a lot more gag orders that come out. and in a circumstance like this when you have someone who is at his level of public responsibility, does that make a difference or is he any joe citizen when it comes to chargi charging, trying, and sentencing? >> there's no question that being a funnel figure subjects you to more scrutiny. like i said, a simple possession case would be highly unusual for the police to base their evidence on a video alone. i think a lot of defense attorneys have said, and i agree with this, that when it comes to the burden of proof, beyond a reasonable doubt, juries take a
look at that more seriously than they might in a run of the mill drug case. >> you're so good on this. stick around i've got a couple of other cases. >> gladly. >> i've got other news. the senate is going to vote today on workplace protections for gay people. you might not know this, but right now workers in a lot of states can be fired just because of their sexual orientation or gender identity. so because of that, writing in "the huffington post," president obama has said that is offensive, wrong, and it needs to stop. who you love, the president says, should never be a fireable offense. cnn will keep you posted on that vote. chaos this morning at the opening of the trial of the post egyptian leader mohamed morsi. he told the junk that he is the legitimate leader of egypt and that those who overthrew him should face charges instead. the trial as adjourned until
january. a missing 19-year-old student at new york university was found wedged between two buildings in a narrow shaft barely a foot wide and he is alive. he apparently fell from a window or the roof of his dorm. and no one knew where he was. his friends turned to nyu security to search for him looking everywhere. including the rooftops. >> his phone was off. and he hadn't checked into an nyu being last couple of days. >> he's moving his right arm. >> they would not have found him for who knows how long and he would probably be dead right now. >> and he's not. after being trapped for 36 hours, today that student is hospitalized in serious condition with broken bones and other injuries. but again, he's alive. worried family members in new jersey called police in california, but the rush to
check on the man now alleged to have shot up l.a.x. was just too late. but only by minutes. the latest on the l.a.x. airport shooting coming up next. hey pam, you should take advil. why? you can take four advil for all day relief. so i should give up my two aleve for more pills with advil? you're joking right? for my back pain, i want my aleve.
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23-year-old paul ciancia on friday after his family asked officials to check on him. but ciancia was apparently already enroute to the airport. and once there, he allegedly opened fire killing a tsa official. is was shot by officers and is in critical condition this morning. here is more on in a cnn exclusive report. >> reporter: days before his murderous rampage, this woman says ciancia was already plotting his crime. >> he asked one of the roommates if he could have a ride to the airport. >> why did he need a ride? >> he was going back home. either that his dad was sick and he had to deal with family issues. >> did anyone see a ticket? >> no. he also didn't mention what day he had to leave. >> reporter: she says ciancia rarely left the apartment since moving here in januarying him as
socially awkward and a heavy smoker. the day she put his plan into action, it took his roommate by surprise. >> that morning he knocked and said i need to leave. take me now. >> reporter: they believe this was the moment he texted family members in new jersey telling them that he was going to commit suicide. police came to his home. >> he has a bag. goetz in the car. >> yeah? >> off the go. and a short time later, a knock at the door. >> yes. >> police. >> police. >> why are the police there? >> they heard that paul was sbiedal and needed to do a welfare check on him. >> reporter: she says the two other roommates were woken up and handcuffed. paul gone and no sign of a gun. police say ciancia took his military style weapon, a legally purchased smith and wessen .2.22 rifle and began seeking out tsa
agents to kill. >> did he ever express hatred toward the government or tsa. >> all of the nsa finding, he was upset about it. >> and cnn confirmed this picture making the lines online is legitimate. he was shot at least twice, his face and neck hit. he's wearing no special clothing. he looks like any other traveler. >> at that moment they're seeing this on the tv, their third roommate comes back and said i just dropped off paul. and they knew, i think you just dropped off paul to a shooting. >> and stephanie elam joins us live from the airport l.a.x. what is the circumstance? are police able to talk to this suspect? can he even speak given where he was shot? >> reporter: no. at this point they're saying he is still unresponsive. they've not been able to
interview him and he remains under constant watch. but he is no no position to give a commentary on why he did this. >> and no involvement of those roommates at all at this point, right? >> reporter: i heard a little bit of your conversation. i think you were asking about the room nate mates. they do not believe that they hadmy involvement. when the officers arrived at the apartment, they handcuffs the roommates because they wanted to make sure they had nothing to do with it. we were told so far this they don't believe they had anything to do with what ciancia allegedly did. they believe he acted alone at this point. >> disturbing allegations inside the nfl. is it hazing, is it workplace harassment or bullying? one player leaves the team. another is suspended. we're going to take a look at what's happening in miami and if it's happening elsewhere too. how much protein
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welcome back to "legal vi " view." i'm ashleigh banfield. amid allegations that bullying in the locker room led a player to take leave in the team of the miami dolphins. they responded by saying thatny didn't know that bullying was a concern regarding john man martin walking out on the team. then they came back sunday and said, martin's agent did give them a head's up about it and
asked the nfl to look into the situation. and later that same day, they i should a third statement suspending the lineman named richie incallikaucognito for co detrimental to the team. >> reporter: this morning we're learning new tail details about alleged misconduct within the miami dolphins' locker room. the miami herald reports that veterans players are allegedly pressuring younger players to pay for their high-priced outings. one unnamed rookie is nearly broke because he can't say no to the holder players. another player joked about the dinner tab totaling in the tens of thousands of dollars. later adding, the bill was split. he allegedly left the dolphins
after a group of players standing up and leaving after he tried to join them for lunch. and the team released a statement saying in part, we take these alleges very seriously and plan to review it further. >> it certainly wouldn't be unique if he was bullied. that's part of the nfl culture. it is the epitome of posturing and strength among men. >> reporter: this comes on the heels of an espn report that offensive line mon incognito pressured him into paying $15,000 for a trip to las vegas that martin wasn't even on. ig call knee to wrote back to saying, expense, shame on you for attaching my name to alleged speculation.
they suspended him. >> and any behavior that deviates from that, is inconsistent with the values of our organization. >> reporter: some of his teammates hope martin returns soon. >> a football team is like a family. every family has issues. we just want him to be all right. and, you know, i want him to come back to work. >> reporter: john berman, cnn, new york. >> thank you. and joining me now, cnn legal analyst danny cevallos and heather hansen. let me start here. heather when is typical knotty boy behavior in a locker room not typical anymore? >> oond that is the question that's going to come out of this whole investigation. i think it's pretty much accepted in the nfl that some of this goes on. they talked about in the piece that john just did about the
rookies having to pay for some of the older plays. it's been going on for some time. what point does that become bullying or harassment? i think they went we yopd that point here. and i think we're going to see through the investigation that it went even further. >> i want to be clear, we do not have solid reporting on what the circumstances were for this player who walked off the team? we don't know if it was just the rookie tax or the lunchroom incident that the miami herald reported on. i mean, look, this is mean girls behavior for 13-year-old girls. but danny, does it matter that the alleged victim of alleged bullying is perhaps more sensitive than other players? what i'm saying, if this goes on all the time, how can we find criminal intent? >> you hit on it. the more and more we define any hazing as bullying and therefore something unlawful, we're
sliding the threshold earlier and earlier. yes, are we going to get to the point where we outlaw if you sit down with your tray and everybody else goetz up at the table, if that becomes hazing. hazing is about the imbalance of power. but it's also about celebrating tradition in many instances. you find it in the military, the navy's grog ceremony. you see it in many places where it's innocent. >> heather is like shaking her head. i want to know if money had something to do with it. it's one thing to stand up the at lunch table, but another to almost extorting money. >> it used to be that residents in medical programs had to work 24 hours. and i think here, as more and more investigations comes out, this is not appropriate behavior. >> but it is criminal? it's a civil problem.
>> i think we may see criminal charges? >> seriously? >> oh my lord. >> it's a lot worse than we may imagine. >> and i want to believe real clear, we do not know the extentment there could be a pattern well beyond any of this reporting. but based on what we have now, lord remind me not to go to lunch with you two. but i do love having you on the show. thank you both. happy monday. just ahead, edward snowden says he wants to come back to the good old united states, and that he leaked all that sensitive information to seek change in oversight and laws. what else was inside his manifesto? and what are some congressman saying about that whole, you want to come back business? details in a moment. when our little girl was born, we got a subaru. it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever.
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carrying sky divers collide at 12,000 feet. debris raining to the ground. everyone survived. yes, you heard right. take a look at that. and dr. sanjay gupta shows up the emergency injection that's helping addicts survive would could otherwise have been fatal overdoses. it's monday move 4th. good to have you with us. nsa leaker edward snowden is speaking out yet again. this time in a letter said to be written by snowden titled a manifesto for the truth. it was pubbed by a german magazine. morning other things he's calling on the u.s. government to drop all of those espionage charges against him. barbara starr reports. >> reporter: if edward snowden has any thoughts he might be forgiven, the white house says
think again. on abc's this week, they were asked if there are conditioned under which president obama would consider clemency. >> none that have been discussed. >> reporter: the chatter about forgiveness has been sparked by a german magazine which published his manifesto for the truth. in which he says he's seen a positive reaction to the disclosure and wants the u.s. to stop treating him like a criminal. he says the people must fight against the suppression about issues of public significance. whoever speaks the truth is not a criminal. his fate is one of the few areas these days where both parties seem to agree. on cbs's "face the nation," the republican chairman of the house committee says clemency is a terrible idea. >> if he wants to come back and own up to the responsibility that he took and stole information, violated his oath,
and disclosed classified information that by the way the affiliates of al qaeda now change the way they communicate because of that, i would be happy to have that discussion with him. >> reporter: there is been discussion of his traveling to germany. but he wants assurances that they won't turn him over. of course, german's chancellor os angela merkel was furious to find out the u.s. was spying on it. another snowden revelation. >> barbara, honestly, what are the odds that edward snowden will ever step foot back on american soil again? >> well, if he does, it seems clear that the u.s. government is going to go after him with charges. in his view and the view of his supporters, he's a whistleblower. but what officials are saying is he followed no legal channels for reporting what he believed was wrongdoing.
there are very legal methods of becoming a whistleblower. he didn't do that. their view is he took the classified information and made a run for it. >> and you can't just ask for leniency when it comes to something that serious. thank you for that live from the pentagon. u.s. secretary of state john kerry arrived in saudia arabia this morning. it's all part of a big mideast swing. he met with officials hoping to smooth some strained relations. they have expressed displeasure with washington's position on syria and egypt and washington's warming realizes with iran. and secretary kerry is stopping elsewhere. it is a whopper of a trip, nine days. four people were charged today with alleged involvement in the four-day siege on the westgate mall in kenya.
take a look at these pictures. each of these men pleaded not guilty. each of them denied bail. and altogether they're expected to go on trial, are you ready for this? next week. talk about swift justice. at least 67 people were killed. the somali terror group al shabaab claimed responsible. nischelle knight will be on the dr. phil show this week revealing details of what we endured locked in the ariel castro's home. >> did you have any idea when you walked through that front door that it would be 11 years before you would walk back out it? >> i picked the lock and i tried to escape am and he said, now you're going to be punished. >> our anderson cooper is going to talk to dr. phil about that interview with nischelle knight.
two planes carrying sky divers. they're all strapped up and ready for a beautiful dive. look at the debris that ended up being the real story. those two planes crashed midair. the amazing survival story coming up after the break. my customers can shop around. but it doesn't usually work that way with health care. with unitedhealthcare, i get information on quality rated doctors, treatment options and cost estimates, so we can make better health decisions. that's health in numbers. unitedhealthcare. at od, whatever 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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and one of wings got severed. and the sky divers an one of the pilots were sent crashing towards the earth. and now it's a jump for their lives. george howell has the story. >> reporter: flying in formation some 12,000 feet in the air, two planes this just reached they've targeted altitude carrying nearly a dozen sky divers when something went wrong. one of the pilots remembered hearing a loud bang. then the windshield shattered. according to one of the men who was on board the plane, it turned out to be a jump for their lives. >> four jumpers in the lead plane get out of the airplane and on the step hangingen on to the strap. then they leave. meanwhile, the jumpers on the trail plane have done the same thing, they're on the step. so when they see these jumpers leave, then they leave. year not sure why they collided, but they did. >> reporter: you can see from
the pictures how the lead plane was left mangled. >> the wings came off. the pilot got out safely used his emergency parachute and landed. >> the pilot of the trail plane also survived. firefighters say when they arrived on scene, jumpers were still making their way to the ground. amazingly, everyone made it off the planes safely. for something that's so routine for these sky divers, at hundreds or even thousands of jumps under their belts, this accident served as a reminder. >> it can be a dangerous sport. it usually is not. unfortunately in an airplane crash, you know, you take what you get. >> reporter: this time they all got very lucky after a terrifying scare in the sky. george howell, cnn, chicago. >> former republican governor of florida charlie khrist plans to
run for his old job. he says he'll lead the state on a journey to help all the people of florida, especially the middle class. >> to take a journey, a journey to take back our state's destiny. to chart a new path, one that is built on the foundation of an economy that is fair for the middle class where hard working floridians have every opportunity to get ahead. >> you'll recall crist following out with the gop culminating last year when he decided to back president obama for re-election. a major win for the abortion rights community. the supreme court has decided to drop a controversial abortion case in oklahoma. the justices say they will not review an appeal to limit abortions performed with medicine instead of surgery. it would effectively have banned
all medical abortions in that state. and this news just in. health care giant johnson & johnson has agreed to pay more than $2.2 billion to settle claims that it marketed three drugs for unapproved uses. the drugs in question are res per dal, invar da, and in a tra core. they say they paid kickbacks to doctors and at least one pharmacies. they call this one one of the largest health care fraud settlements in united states history. $2.2 billion. we expect hour medical doctors to heal us and not hurt us. right? and details in another story after this quick break. [ sniffles, coughs ] shhhh! i have a cold with this annoying runny nose. [ sniffles ]
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the first rule of medicine is supposed to be do no harm. but it is becoming more clear than ever that medical ethices may have been one major casualty on the war on terror. there's a new report out that accuses military doctors of aiding interrogation methods that did harm detainees and sometimes very much. i want to get insight from our panel. bob, this is not the first time that there's been reporting. in fact back in 2005, the "the new york times" did an extensive series of reports based on what former interrogators had said. that doctors, in fact, were involved in different kinds of ways in helping to break these detainees. they're purpose was to help break them. is there any circumstance in which this can be ethical or legal? >> absolutely not.
i think it was a huge mistake for american psychiatrists to go along with this, you know, condoned these sboeg gagss, hostile interrogations. and the senate intelligence committee has come out and said there's been no evidence at all that torture, any of it broke anybody or led to the saving of american lives. it's just a fact. >> and just the notion that it's being couched as behavioral science, not necessarily medicine. meaning any doctors who allegedly involved weren't actually in the room and conducting these tests. but they were part of the planned programming. does that help in the pentagon in separating itself from any kind of liability here? >> no. it doesn't help at all. they consulted psychiatrists before they went ahead with this. but i mean, they didn't know what they were doing. they lowered standards. standards were established a long time ago. i think it's a horrendous
mistake. and the american melt community has got to take a look at itself and not ever go along with it. >> the report said that the pentagon undermined the resorted disposition of the ethical principles in dealing with the of the doctors involved compared to the responsest of say the military that hired them? >> well, i think the doctors are most, most guilty in this. because they said this was permissible. it was effective, and the pentagon went out and asked them a question, which they wanted a certain answer to. and that's the answer they got. and it was a mistake. i just think this really has to be investigated. the senate report has got to come out. has got to be made public to explain to americans that enhanced interrogation, call it torture, if you like, does not work. that's what i really think we need to do now. and i think the white house
should stop bottling this up and clear the decks. >> and on the pentagon's part, they told cnn that these reports have been subject to numerous investigations. the authors of this report have never substantiated these claims. bob baer, thank you, good to see you, we appreciate your perspective. there is an epidemic in this country of people abusing prescription and illegal drugs and more people die from overdoses than car accidents. could another drug actually help stop the epidemic? dr. sanjay gupta weighs in next. tylenol cold® helps relieve your worst cold and flu symptoms. but for everything we do, we know you do so much more. tylenol cold®. and our giant idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes
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drug overdoses are a leading cause of death in the u.s. and our chief medical correspondent, dr. sanjay gupta is investigating how a simple drug called miloxon may be able to help stem the tide. the next video includes a woman in the midst of a heroin overdose. >> what you're looking at is shocking, a heroin addict overdoses, her name is liz, she's been using drugs since she was 11. today, she's 29. >> adam wigglesworth and louise vincent were with her that night in august. they volunteer with a program in greensboro, north carolina, which provides clean needles and other assistance to addicts.
>> she seemed to be pretty unresponsible and we were noticing a blueing of the lips, lack of oxygen, so her breathing had become quite shallow. >> once someone is not breathing and not responding to any sort of stimulus. you give them breath and at that time i usually administerer this drug. >> watch what happens next. >> we gave her about 60 units of narkan. >> narcam can reverse an overdose from henderson and other drugs. such as oxycontin. >> another shot of narcam. >> and finally, liz begins to come to. >> liz? are you okay?
>> we gave you mouth-to-mouth resuscitation. >> you had an overdose. >> can you stand up? >> come on. >> when someone takes heroin, the drug locks on to receptors in the brain it slows the body down. and lock up too many and you stop breathing. nyloxone can free up those receptors, bringing you back to life. you might wonder, that video of liz, is that real? well we showed it to four emergency room doctors, who all said yes, this is what a recovery with the drug looks like. >> i can't believe that somebody cared about me enough or loved me enough to bring me back. >> back to right a life that somehow went wrong. we met liz on the day she checked in to rehab. packing up her things, taking another look at the album of her
19-month-old daughter. >> i had felt so separated and just like dissociated from my daughter. because i felt like you know, basically like i wasn't good enough to take care of her. i can't finish school. i can't hold down a job. i can't -- you know, do any of this like normal stuff that every day people have absolutely no problem like, it's not a challenge for them. >> nyloxone gave liz a second chance. it also gave linda rolling a second chance. she remembers the day she found her son, steve, face-down in the front yard. >> my husband ran out and started rescue breathing and i ran in and got the narcam. right here. >> he was laying on his back, totally blue. so the narcam, as soon as he got into his nostrils, he started to
stir and wake up. and -- came to. >> thank god. >> narcam or naloxone is distributed as part of massachusetts overdose prevention program and dr. alexander wally is the medical director. >> we soon started to hear about parents going to needle exchange. >> today the program distributes naloxene to addicts, first responders and learn to cope, a support group for parents of addicts. >> linda has been going to learn to cope meetings for the past nine years. >> nasal naloxone, narcam is available to you. if you're in this room, you should have it. >> learn to cope has sfridistrid hundreds of the kits to its members, who has managed to row
verse 10 overdoses. >> it's ready to administrator, go up one nostril. >> must, must, have narcam if you have an addict. you must. because the whole trick of it is, to keep them alive until they finally get it. >> and you should note, in the initial rescue video, no one called 911, it's imperative, whether you have the drug or not, you've got to call 911. thanks for watching. around the world starts now. a gunman opens fire, killing a tsa agent and wounding three other people. at los angeles international airport. today we hear from a friend of the shooter. at the moment that they're seeing this on the tv. their third roommate com