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tv   Legal View With Ashleigh Banfield  CNN  November 5, 2013 8:00am-9:01am PST

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>> if you have or had one of these plans before the affordable care act came into law and you really like that plan, what we said was you could keep it if it hasn't changed since the law has passed. >> keep it if. if? wait. what happened to keep it period? also come up this hour, a lesson in survival. a lesson in strength. michelle knight is talking about her decade of for meant and torture inside the cleveland house of horrors. and it is election day 2013. we're going to run down today's
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dig races that could have a huge impact on the direction of the united states of america. hello everyone, i'm ashleigh banfield. welcome, it is tuesday, november 5th, election day. you have heard this one over and over again. right? if you like your health insurance plan, you can keep it. last night, though, that presidential promise got a wee bit of a tweak. brianna keilar is live at the white house. some might say it's a bit of semantics. but you know what, that tweak is really loud and it's echoing across the country right now. >> reporter: ig that's right. last night president obama added huge caveat to that statement. listen for the "if" in that statement. >> if you had or have one of these plans before the affordable care act came into law and you really like that plan, what we said was you could
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keep it if it hasn't changed isn't the law has passed. >> reporter: if it hasn't changed since the law has passed. key now words there. a white house official insisting the president hasn't changed his tune that he was just shorthanding there what was in the law, what has always been in the law. but the thing is that the law says the old plans can be grandfathered in. what you're seeing is insurers not wanting to maintain an old group of these grand fathered in plans. so a lot of people have been getting cancellations and that's the reality that the white house and president obama are now dealing with. >> which is so bizarre. when you think back over the last few years to the number of appearances and speeches that have been given that have been so em fattic, you've got to wonder, how could anyone have
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known that there be this strange grand father thing. have a listen to the way it's been depicted over the last few years. >> if you like your doctor, you can keep your doctor under the remorm proposals that we put forward. if you like your private health insurance, you can keep it. if you like the plan you have, you can keep it. if you like the doctor you have, you can keep your doctor too. we will keep this promise to the american people, if you like your doctor, you will be able to keep your doctor. period. if you like your health care plan, you will be able to keep your health care plan, period. if you like your doctor, you'll be able to keep your doctor. if you like your health care plan, you'll be able to keep your health care plan. if you've got health insurance and you like your doctor and you like your plan, you can keep your doctor, you can keep your plan. if you like your plan, you can keep your doctor. if you like your doctor, you can keep your doctor. >> i can say it by rote just from hearing the news clips.
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but it's like they didn't know the grandfathering was actually accept grandfathering. how did that big detail get missed? >> reporter: one of the problems for the white house has been that this is such an issue. i think they may have thought that some people would get cancellations and they would be able to then turn to healthcare.gov the federal exchange and find an alternative plan that would meet their needs and these cancellations wouldn't be something that may upset them as much. but as you can see, the website is a mess and a lot of people haven't been able to find an alternative. the president, really is transitioning now to the reality of what is going on. but the white house is really loathed to admit it. >> that's the kind of momentum that you just do not want. and joining me now live from washington, d.c. is wolf blitzer. what a difference a few weeks can make. it's almost as though the
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democrats are snatching defeat from the jaws much victory coming out of the government shutdown. what's the deal now? do they stay on message? >> what they've got to do, first of all they've got to fix the website and they're having enormous problems with it. every night this week from 1:00 a.m. to 5:00 a.m. eastern, they've got to shut down the website to work on it. now, they're saying for the vast majority of americans, vast majority, not all, i don't know what that means, it will be fixed by the end of november. we shall see. but a lot of folks, they have been terminated with their health insurance. they have to have a new policy in place by december 15th. they have to pay the premiums in order to make sure that they're covered by january 1st when their current policies lapse. and they don't want a period where they have no health insurance. and if that website isn't
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working, they're going to be in deep trouble. there are a lot of nervous people out there. the white house has good reason to be in major damage control right now. and they know it. they're under no illusions. if this website would have been ready to go october 1st as they thought it might be, even though there were indications it wasn't going to be ready, then it would be a different stowaway. but clearly it was a mess from the beginning and they're paying an enormous price for that right now. in the end it might work out, maybe americans will all have better health insurance at lower cost. but right now it looks gloomy for so many people out there. >> i'm also joined now by political analysts. will, i feel like i was ripping you a in one for making such a big deal about the website. now i feel like i'm almost delivering this to you to shoot fish in a barrel. >> you just teed it up for me.
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time for me to spike it. again, i've said this from day one. the american people don't need people like me to come out and hold the megaphone. the problems are becoming self-evident to everyonement conversation you had with brianna earlier, you talked about how could they not is have known. makes it false. they did know. it was not a mistake. it was a lie. you cannot portray this in any other way. it was a lie. it was intended -- >> that's pretty strident language to say -- >> but it's true. >> -- to say it was a lie. how do you know that? >> it was put in place for two reasons. number one, it was designed to destroy the individual health care market because they needed those people to go into the obama care healthcare.gov exchanges. why? they thought it was better. they thought it provided better plans than those available on the individual market.
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two, they needed the young healthy people -- >> i hear all that. but for you to say -- maybe i'm a bit of a pollyanna. but -- let me get mark on here. mark, this is disastrous. the website was problematic. there are real people getting the real notices. why on earth isn't the president coming out instead of tweaking the language, maybe this is an over site and maybe this is a problem. but we're going to help you do all this. and ps, no major american policies have been lauchl the without glitches or problems. >> i think he did say that about the website. he expressed all the sort of high points in terms of obama care. in early its of people getting covered and getting access to health care who couldn't get it before. but the grandfathering provision is a little more messy.
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>> a little? >> it's not defensible. i think what happened was -- i think as will said they had a clear idea of what they meant by it. but as they went on the campaign trail advocating for this, the language we became for slip and glib. and they felt comfortable saying you don't have to change your plan. the reason why i completely disagrees with will's premise is that is does work. the problem is people have to make changes that as the president said they're scared of. the people getting cancelation notices will have access to better plans and cheaper often times. that's a good thing. >> you know, i actually -- if i -- >> we agreed -- that is obama care working. that's not why it's not strie densy sake's that i make the statement that it was a lie. it was intended for this purpose, and it was sold under -- >> i don't like you saying it
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was a lie when you were not there devicing the policy. >> i can hear truth. >> in a court of law, you would be run out of the room. >> you will be apologizing to me in another week, ashleigh. >> i did not apologize to you. >> he plays with loose with the facts here. >> i love you. thanks guy. right now on capitol hill as if there weren't enough yelling and screaming, senate care is actually holding a hearing on the obama care. and the problems with the rollout. marilyn tavenner is currently testifying. we're going to keep an eye own that for you and bring you the details on that. and i go think i actually did apologize. i did apologize for him. i'm going to roll that back. election day. many people watching this guy, new jersey's chris christie. he's quite the star. could this governor be really rolling out the stepping stones to the white house in two years? [ coughs, sneezes ] i have a big meeting when we land,
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in america there a just no such thing as a small election. you don't have to live in new jersey or virginia where the voters are choosing governors there today or in southwest alabama where the republicans are filling a congressional seat to actually feel the impact of the choices those voters are making. it affects all of us. the dots you see on the map are major cities choosing their mayors today. for new jersey governor chris christie, re-election is about as close to a sure thing as politics can offer you. and that's not counting the new
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york mayor's race. it may be just a dress he herselfal for chris christie for a really, really big election that's three years from now. erin mcpile has that for us now. >> reporter: new jersey governor chris christie is headed for a landslide victory to re-election. another step on the way for what many say is a run for president in 2016. >> america is going to be watching new jersey. >> reporter: the latest poll shows him doubling his lead over his opponent. >> the whole country is watching. they're disspirited about the way government works. they look at the mess in washington, d.c. >> reporter: he's road testing that anti-washington message. >> i can do this job and deal with my future. that's exactly what i will do. >> reporter: next year he'll run the republicans governor's
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association. others have use the that as a national base as they gear up for a presidential bid. >> he can easily become our nominee and get this party on the right track again. >> reporter: now just within the last hour, chris kissty and his wife came here to cast their votes for governor. an when he came outside, he was greeted by a huge skrum of reporters. this is a little bit of inside baseball. but that's of course because everyone is watching to see what he does as he gets ready for a likely presidential bid in 2016. i asked him, is this the last time we'll see you vote for yourself? and he said i don't know if i'll ever get the chance to vote for myself again. and we'll see if jake tapper can get a little more out of him in his exclusive interview later on today. >> and it's great to watch that
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live as they go in there to presumably vote for themselves. compared to new jersey, the virginia race is a bit of a nail-biter. still, the democrat terry mcauliffe is taebled as the front runner kentucky kutch neal and robert sarvis. what about all of that? why does that matter to you? isn't it really this? where are we at as a nation when it comes to how we're choosing our people and how pour larized we've become? >> absolutely. and virginia really is a tell dash tale state when it comes to that question. four years ago in 2009 it was sort of the canary in the cole mine. the republican bob mcdonald won there and that got the ball rolling for the next year in 2010 when republicans swept and
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retook the house of representatives. but now the question is whether that's completely turned on its head, ashleigh. because the whole issue there was sort of big government, anchor at washington and concern about what then was still the obama care bill becoming law. now, the republican candidate ken cuccinelli has at least in the past couple of weeks been sort of trying to recapture that as people are more concerned now that obama care is the law of the land and concerned about the way it's being implemented. he hasn't been doing that much good with that because the democrat has been able to paint him as an extremeist. >> and you don't often see terry mcauliffe without a clinton at his side. has that been a big factor? >> it is. he's been as close to the clintons as any politician or political operative could be over the past decades.
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they were very aggressive in being there for him in fundraising and campaigning for him. and looking ahead to a potential hillary clinton run, the fact that terry mcauliffe does pull this off, he could be a feather in her hat not to mention an importantal lie in a push pell state that could potentially help her as well. >> and like we say, there are no small elections in this country. let's hope that's the case in mid terms. dana bash, thank you. good to see you. i want to remind our viewers to turn into cnn for all of your election coverage toebts. just ahead, i know you know this story, but you may not know it in in-depth. she was chained to a pole, she was tied like a fish. michelle knight is now sharing her living hell inside the house
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welcome back to "legal view." i'm ashleigh banfield. she was kidnapped at age 21. lured into a car with promises of a ride. and that was just the beginning of michelle knight's horrific nearly 11 year ordeal at the hands of ariel castro. we have a preview of her interview with dr. phil as she gives disturbing detail after detail about what went on in that house of whorrors in
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cleveland. >> reporter: she was telling dr. phil about the moment she realized she was his prisoner. >> did you fight him at the time? >> at this time, no. because i -- i was shocked. >> panicked? just froze? >> yeah. and the only thing i can do is cry. begging him to let me go back to my son. >> what did you say to him? >> i said, please don't do this to me. and he said, i can't -- i can't take you back. and then you threw money at me. >> what was the significance of him throwing money at you? >> she was obsessed with prostitutes. and also, he thought i was a 13-year-old prostitute. when he found out my real age, he got mad. >> reporter: it is the first time that knight has spoken in detail about the decade of rape, deprivation and torture she
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suffered inside castro's home. what happened in the home was known from the police reports. but to hear knight recount it herself is almost unbearable. >> what did he tie you up with? >> one of those orange extension cords. i was tied up like a fish. an ornament on the wall. that's the only way i can describe it. i was hanging like this, my feet, and i was tied by my neck and my arms with the extension cord going like that. >> oh, my god. so he tied your hands and feet and also around your neck and hung you? >> reporter: noticeably absent from the interview were knight's co-pap r captives of the together those two have decided to speak out in the form of a book slated to come out this year. knight was also the only to speak at castro's sentencing in august. dr. phil talked to anderson cooper on ac 360.
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>> she says she was referred to as the unbreakable one. they fought him ever step of the way. she would challenge him. and she would argue with him and pay the price for it. >> reporter: martin savidge, cnn, atlanta. >> he had the means and he had the opportunity, but the motive of the man who fired six or more rifle shots in a crowded new jersey mall last night, doesn't seem to be murder. richard shoop walk sd in just before closing time dressed in black and wearing a motorcycle helmet and started firing rounds into a store front and an escalator and then an elevator and the ceiling. one witness said it was like a horror movie. but in the end, no one has hit and no one has hurt. but six hours later, police did find something. they found his body in a remote corner of that sprawling malcolm
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ple -- complex. and he was dead from a self-inflicted gunshot wound to the head. and they sergeds the mall for clues and terrified bystanders who might still be hiding. that went on well into the daylight hours. the nfl and others are wondering just what is happening inside the miami dolphins' locker room. one player has quit and another is suspended. is this something much worse than bullying and hazing? we're live in miami, next. avo: the volkswagen "sign then drive"
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you have heard about the alleged hazing in the dolphins' locker room. but that may only be the beginning. and also, are 11 colorado counties ready to become the 51st state in in nation? believe it or not, secession is on the ballot this election day. and a woman brugtsly attacked, stabbed in the face and stomach, just days before giving birth. now she is finally holding that
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precious child of hers for the very first time. and you will get the update. troubling new development to start with. that alleged bullying controversy. blownup bullying involving the miami dolphins football team. they say that ritchie incognito sent racist and threatening e-mails to jonathan martin. it follows allegations that martin had been bullied by incognito. martin has taken a leave the absence from the team. and the matter is being investigated by the national football league. >> reporter: this is miami dolphin ritchie incognito from a team promo. >> on the field, players have called me overly aggressive. >> reporter: now, it may be that incognito was not overly aggressive on the field, but off it as well. leading to his indefinite suspension. the nfl is launching an
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investigation into the dolphins' workplace environment and whether he bullied another player, john man martin, so badly that martin left the team. according to espn and nfl.com, this is the text of a voicemail sent from incognito to martin. quote, what's up, you half blank piece was blank. i saw you on twitter, you've been training dean ten weeks. i'm blank in your blank mouth. i'm going to slap your real mother across the face. blank you. you're still a rookie, i'll kill you. this text came out after a week after the incident in a lunchroom involving martin and other offensive line mon. he left and hasn't been back. philbin spoke several times over several days with martin following the incident. >> in all of my discussions with john man and members of his family at no time were there any accusations or allegations of
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miss duct by any members of this team or this organization. >> reporter: but sunday, a martin representatives contacted philbin and the dolphins with concerns over what philbin called player conduct. that led to incognito's suspension. calls to incognito, martin and their representatives haven't been returned. has the hbo video shows, hazing seems part of the right of package for nfl rookies. dolphins players insist there's a healthy and not hurtful dose of fun, not hazing. >> and i told my family, i came to a good league. i got lucky. >> as far as him as a person, i got a lot of respect for ritchie. i wish he was here right now. >> reporter: neither incognito or martin are with the team. and it's unclear either when or if either will be back. >> i'm trying to get my head around this. as i read report after report,
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some of these players are coming out in defense of incognito, in support of him. some are coming out suggesting he's got a dirty background. at this point i'm not clear where the story stands. what is the league and player's association, what are they saying? >> reporter: your history precedes itself as you say. and i think if you look at back at incognito's history, yes, there are a lot of players supporting him in this instance. but when you go back ten years, at nebraska he was suspends in 2003. he was suspended in 2004 at nebraska again indefinitely. he transfers to oregon, he's dismissed the same year. go up to 2009, he's now in the nfl. he's voted by his peers in a sporting news poll as the dirtiest player in the nfl. the same year, 2009, what happens then? the rams release him after he
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gets two personal foul penalties and gets into it with the coach on the sideline during the same game. now in his defense he came to miami, and in the last few years he seemed to have been changing his image, resurrecting and remaking his image up into this incident. now, the national football player's association issued a statement, and in part it reads we expect that the nfl and its clubs create a safe and professional workplace for all plays. and that owners, executives and players should set the best sttds and examples. it is the duty to hold the clubs and teams accountable for the safety and professionalism in the workplace. we found it quite surprising ourselves to see how many players were defending incognito but all of the players all said they would welcome one or both of those players back into the
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locker room. >> there are so many missing puzzle pieces in this story, still john. thank you for that. here with me now with this take on this very strange development, cnn's legal analyst. paul, i keep trying to figure out with all of the missing puzzle pieces, from the reports that we have now, is this a criminal action that you see that could come to light? is it just a civil issue? is there no legal issue here? how do you characterize this? >> it's unlikely that criminal charges would result. in theory when you leave a threatening voicemail on somebody's phone, that could be harassment. if that was an intent to harass or an intent to suggest you were going to kill the other person, that would be a crime. but prosecutors won't take this case. this -- and in early its of civil actions, the reason the nfl now has a very stated public position on this that they don't
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tolerate this, they're afraid for being sued of workplace harassment. >> maybe the player's association and the coaches individually. if he's saying i've never heard anything about this before, isn't there big exposure? >> let's talk the real world here. is this the wimp-fikatio. n of professional football players? it's organized vie los angeles. and now we're looking at a history of a relationship between two players and saying this is really horrible. that seems to be a the nature of this sport. and with a wink and a nod the nfl has been letting it go on for a long time, as has the public which likes to watch football. in the end, i don't think a lot is going to come out of this. >> let's wait on the missing puzzle pieces. when we come back, she was stabbed multiple times just days
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before giving birth and her soldier husband was forced to watch this in horror while they were chatting on the computer. unupdate on a family that survived the unthinkable next. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat that. it doesn't? [ male announcer ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh what a relief it is! plus has a fast-acting antihistamine. hall we do is go out to dinner.? that's it? i mean, he picks up the tab every time, which is great...what? he's using you. he probably has a citi thankyou card and gets 2x the points at restaurants. so he's just racking up points with me. some people... ugh! no, i've got it. the citi thankyou preferred card. now earn 2x the points on dining out and entertainment, with no annual fee.to apply, go to citi.com/thankyoucards
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a texas mom got to hold her baby girl for the first time. and that may not seem like such a big deal, unless you hear that she was in critical condition after being brutally stabbed at nine months pregnant. she was attacked when talking to her husband, a soldier,
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deployed. and he could only watch helpless. >> reporter: for of the first time she cradles her healthy baby girl a miracle in the wake of an nightmare. both row covering in an el paso hospital after she was stab the multiple times just two days before giving birth. it happened while she was face timing with her husband, an army private deployed thousands of miles away. pool was on the phone when she was confronted by an intruder who had been inside her home. she recognized the suspect who was waiting for her knife in handing. she screamed his name to her husband over the phone as he stabbed her several times. he then fled the scene. her husband then frantically took to facebook pleading for friends for help.
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if you are seeing this detail -- he went to my house while i'm deployed and stabbed her. she managed to dial 911 and was transpotted to the hospital where she delivered her baby two days later. >> say hello. isabellia. >> her husband is now stateside. >> we have an amazingly strong daughter. [ inaudible ] it means the world. just to see her and know that that -- that she's doing just fine. >> reporter: investigators say the suspect's motive involved money that he owed to pool. he's been charged with attempted murder. bond set at $60,000. >> i want the world to continue to pray and leave messages on our facebook pages. and everybody keep praying for our daughter and whiech to make
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a full recovery. >> unbelievable. and a very lucky out come. could the united states have a 51st state? and i am talking canada. some colorado voters are thinking about seceding and it's on the ballot today. that story is next. people don't have to think about where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does.
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11 counties in colorado are so fed up with laws there, they want to start their own state. this is on the ballot here today. >> welcome to northern colorado. some 60 miles outside of -- no hustle and bustle of city life here. >> i saw the truck that my
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grandparents, my grandparents went through to create what i believe is an oasis. >> sean conway is a third generation coloradoan fighting for his livelihood. >> tired of being politically disenfranchised. >> that's the measure of the initiative. increase renewable energy standards recently enacted, conway is leading the charge to form a new state. he's wrangled support from across hundreds of acres of farmland. at least 11 rural counties north of denver threatening to succeed to hold votes on tuesday. >> if they don't see a way to move the state back into republican control, figure just leaving it is the only option. >> a political science prof sor says the movement is an example of republicans in this state taking desperate measures.
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in colorado, democrats have control of the senate, house and governor's office. while supporters know there's no practical implication for the vote, they say it's a sure way to get attention for their cause. >> the best strategy for dealing with a political issue is through the political system. >> ken buck, a high profile colorado republican, is among those frustrated and he plans to vote against the 51th initiative. >> we need to make sure we work doubly hard to get the folks who aren't listening out of office and to make sure our voices are heard. >> governor hhe says he offers designed to divide us, it is destructive, but if it is about sending a message, they see our responsibility to lean in and do a better job of listening. >> if urban dominated ledge is
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laytures don't address what i believe are the concerns of the concerns of folks in our country, i think this is going to be a wave of the future. >> wave of the future, but maybe not the future. nonbinding. let's not forget. tune in tonight, cnn's got your complete election night coverage. the first polls close at 7:00 eastern. pop your popcorn and prepare for a night of wolf blitzer. one of my favorite nights. so, everybody hates a snitch, right? a jailhouse snitch. especially a murder defendant. but maybe prosecutors really like them. that guy is about to hear a whole string of snitches. taking you there 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
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sometimes a murder trial is a little ho hum until the jailhouse snitches arrive. that's the case with martin mcneil. ted is live in provoe, utah. what do they expect to tell the court, ted? >> it's a huge case in this case. five separate snitches, if you will. they're prisoners. four are federal inmates still serving time and the other is a state inmate that met mcneil at
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a county jail. they all have different stories. inmate number one, their identities are being kept secret to protect them, says mcneil admitted the murders, how he did it. first drugged his wife, drowned her and that he hated his wife. the others have bits and pieces of it. of course, a jailhouse snitch has credibility issues by definition. one is not so good. two or three, maybe that gets better. the prosecution is walking a fine line here. now, you have five of them. almost seems unbelievable that this guy, a doctor, a smart guy, is going to be walking around admitting he killed his wife. it's going to be a fascinating day in court. >> sometimes the most fascinating is a cross-examination, when you say look, you've got to be in when you're in prison and sometimes, you just go all out and say things you wouldn't otherwise. thanks so much. want to bring in cnn's legal defense, legal analyst and
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defense attorney, danny. isn't it just that? that's what you do. you say if you're a defendant, i had to say stuff. i was in prison. i got to look tough. >> yeah, well, consider this when it comes to snitches. these are people that the prosecution and in other cases already said this person is such a criminal, we're going to isolate him from society. this same person we think is a criminal that's in prison, we want you to believe him just on this issue. oh, and by the way, he's motivated by the fact that we're knocking off ten years off his sentence. imagine if you were faced with that decision. you're not even a criminal. what if someone said you could see your children five years ea earlier. what would you do? would you lie? >> yeah, and isn't that exactly what the defense will say? these people sing for their suffer all the time and yet, they're still humans and still telling stories and the jurors are human, too. >> consider this when it comes
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to credibility. most of these snitches, their sentencing is deferred until after their testimony. why do you think that is? well, here's why. the prosecution has to wait and see if they like what they hear. as you said, they are singing for their suffer. no question about it. >> but it's important, isn't it, no matter what, if you're a prosecutor and you've got a couple of people in a jail cell who have got something to say, you pull them out, don't you? >> that's a big issue with snitches. many studies show maybe they're not doing that. the prosecutor has an enormous p job. a very difficult job. i don't envy the moral choices they have to make, but they have to make a decision. an independent evaluation of the credibility of these snitches and be mindful they do not proceed with one that lacks credibility. >> you know something? i got to say, all the trials that i cover, that's the moment i wait for oftentimes is the moment the jailhouse snitches
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parade in and say their piece and then get crucified on cross-examinati cross-examination. thank you, my friend. that is all the time i have for you today. thank you so much for being with us. "around the world" starts right now. hundreds of passengers and crew members scram babling to get to safety after smoke fills the cabin on board their plane. paramedics treated people at the scene, on the tarmac in montreal. all the details on that scary moment in a live report coming up. then they criticized the u.s. for spying on world leaders, but it turns out brazil was doing the same thing. plus, we're learning more about the new jersey mall shooter. we'll hear from someone who was inside the mall during his shooting spree.

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