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tv   Legal View With Ashleigh Banfield  CNN  June 2, 2015 9:00am-10:01am PDT

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why pause the moment? ask your doctor about cialis for daily use. for a free 30-tablet trial go to cialis.com ♪a teraga ndiki bonguè♪ ♪a teraga ndiki bo ♪a teraga ndiki bo ♪nyan mbaï ngueda koba♪ ♪nyan mbaï / biniigana gwo ni gwo♪ this is cnn breaking news. >> hello, everyone. i'm ashleigh banfield. welcome to "legal view." we want to begin with breaking news out of boston. a man under surveillance by the fbi's joint terrorism task force was shot and killed after allegedly pulling a knife on boston police and federal agents. moments ago commissioner bill evans spoke briefly to reporters. have as listen.
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>> 6:59 this morning, officers in conjunction with joint terrorism task force had a suspect under surveillance at this location. at that time, along with the fbi confronted the suspect, identified themselves as boston police and fbi. at that particular time, the suspect turned, he pulled out a military-type knife. the officers asked him several times to put that knife down. they gave him several commands. he -- the officers tried their best retreating. again several more orders to put down. at that point, he came within the proximity that the officers use deadly force. >> cnn's deb feyerick has been working the phones, just got off the phone seconds ago. so look, i'm used to hearing about police shootings, if someone is waving a knife, but
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not used to hearing a police officer and fbi agent both opened fire. what is the back story? >> this was the joint terrorism task force out of boston. police officers and fbi agents working together. the man we know was on radar. he was under surveillance by the terrorism investigators. it's not clear whethers this was part of a long-time investigation or something sort of happened just today or within the last couple days where they felt they needed to approach him. we know about 7:00 this morning, in boston's rosslindale section, the two officers went up to the man and they wanted to speak to him. he turned around and he was holding what they described as a fairly large military-style knife. now the jttf investigators told the man to drop the weapon. he did not. at one point he actually came at the investigators and so that's when the two opened fire. the boston police officer shooting first. the fbi agent following suit. the man was taken to an area
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hospital. he died of his gunshot wounds. the two investigators were not injured, we are being told, but this is all under investigation. see on the right the head of the fbi in boston. on the left in the blue cap, the police commissioner. this is an active investigation and trying to figure out why this man made it on to their radar. >> so i think a lot of people immediately want to know if he was in the midst of conducting some kind of terror attack, because there there was -- the fe feds were on him and the police were on him -- >> what we are learning in vague terms apparently this man made threats against police officers. it's unclear whether he intended to act today. it's unclear whether these were posted on social media. but authorities did believe it was sufficient -- >> act, today. he had a military style knife. who knows how big a big military style knife is but that is disconcerting to say the least. i will let you get back and let
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us know if you get more details. on that story for us, thank you for that. other big breaking news story, the fbi, its eyes are in the air. i'm going to talk to you a little bit now about secret surveillance planes you might not have known about until now. senior law enforcement officials are telling cnn the fbi has a fleet of planes used for surveillance purposes and registered under fictitious company names. the officials say the fake companies were used because, quote, any time you mask your activity for operational or safety reasons you use a front company. cnn law enforcement analyst tom fuentes former assistant director of the fbi and knows how things work. the first thing i thought it sounds sinister the government has a secret fleet of planes that it uses to spy on american citizens. but walk me back from that and tell me, why this isn't as bad as it sounds. >> well, first of all, ashleigh,
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the program started, this is breaking news, it started about 35, 40 years ago, and it was originally initiated to supplement ground surveillance following spies, you know, in counter espionage investigations and following real organized crime figures, members of the american mafia, and other organized crime people, drug cartels who would be very surveillance conscious and would be looking around at what vehicles on the ground are following them. the aircraft in the air would enable the ground agents to back off, unlike what you see in the movies where they bumper lock each other and it's no secret someone is being surveyed. that's what the original purpose was. it's used for counter espionage, counter organized crime, and terrorism. it was used for terrorism when i ran the chicago fbi surveillance squad in the late 1980s, we were following gangsters and we were following members of the faln
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puerto rican terrorist group who conducted bombings in chicago and in new york, and had killed people. so those are the types of cases, as well as counter espionage cases, which are still highly classified. this is not a new program. that's why the aircraft were covert, was to protect their identity against gangsters and foreign powers. >> i hear everything you're saying and it sounds perfect except the gear we employ today is very new, the program may be older, but all that fancy technology we have on board those airplanes, they can do things like collect data of all the cell phone users down below, information on who's where, and no need for warrants, you know, on this kind of data collection or information gathering and brings me to the old fourth amendment, search and seizure. is this something we need to start looking into in terms of policy given the fact that the planes may have been flying for a while but they have extraordinary material that might be an affront to our civil
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rights? >> yeah. it might be, but it isn't and these programs have been looked at very closely by inspector general offices, doj, other agencies have looked at this and have not found that they were conducting illegal surveillance. the means and methods that are being used in the sky are similar to what's available on the ground or ground telephone company towers. like right now, outside your building in new york, the time warner building, there are probably ny pd cameras on that street corner that don't say nypd. are they spying on you when you leave the building to go to lunch or dinner or is that just, you know, in the modern era we conduct surveillance like that. the difference between one of those cameras and an fbi plane is about 8,000 feet elevation and mobility. but we've used those aircraft, we use infrared photography and capability in those aircraft, used to find tsarnaev in the
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boat. the white shadow of the body. infrared is used when a child gets lost in the woods from a camping trip with their parents and send the planes up with that or the state police or local police send planes or helicopters up. >> agreed. >> with infrared. there's a variety of nonlaw enforcement, nonspying means. but -- and by the way, the faa knows who the planes are. the numbers that they use are in their directory because they may ask for access to controlled air space, other means, so they're all conscious of -- >> you would hope the faa was aware of it. >> they are aware of it. >> i see all the pros you're talking about. always mindful of the cons, the landscape we don't know yet. >> that's true. a agents are very great but they're not super man. they can't get in the sky and look through the roof of your building or the walls of your building and see -- >> sometimes i wonder about that because we had a supreme court case that ruled on that, going into the look through buildings in california and actually
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seeing potentially with gear that could determine whether there were people in buildings and the supreme court said -- >> some hostage cases they can use infrared equipment on the ground. from the sky it's not a tool that's up there being used. >> it's fascinating stuff. appreciate having you of all people today that you can len your insight into this. >> thank you. >> tom fuentes live in washington, d.c. our other story the tsa missing 95% of the weapons and fake bombs the testers tried to sneak on board the airplanes. and you can imagine that inspired a shakeup at the tsa. a shakeup might be an understatement. what head is going to roll with a grade like that.
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the top man in charge of keeping weapons out of our airports and off of our airplanes is no longer going to the office. the shakeup comes after a report reveals weapons and fake bombs made it past those tsa screeners a lot, like 95% of the time, during an undercover testing sting. cnn's suzanne malveaux has more on the problem ands the man who's being reassigned over these colossal failures. >> reporter: interim tsa administrator is stepping in replacing the former director melvin carraway. acting deputy director mark hatfield now at the post. homeland security secretary jeh johnson reassigned carraway, amid alarming security questions about the tsa's effectiveness. the department of homeland security discovered tsa officers failed 95% of the time during
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undercover operations. the officers failing 67 out of 70 tests to detect mock explosives and weapons at airport security checkpoints. >> these are anomalies that tsa screeners and/or their equipment should it locate at least flag for additional screening. >> reporter: the department's red teams posed as passengers, attempting to pass through checkpoints with the mock weapons. >> i am putting a detonator into the plastic explosive. >> reporter: back in 2008, cnn was there for a similar covert operation. that time, it was tsa testing its own officers. >> can't see anything. >> can't see anything. >> reporter: at the checkpoint the testers wanded and patted down where the fake explosive device was concealed but the screener missed it. not until the tester lifts up his shirt. >> i see it now. >> reporter: in response to the troubling failures, secretary johnson said in a statement that
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he is immediately directing the tsa to revise its screening procedures, conduct training and reevaluate their screening equipment. >> this has grown completely out of control. it isn't doing the job we need to. what we need to do is be able to connect the dots, get intelligence information, go after people who pose a risk, and they can't do it with the current system. >> suzanne joins us live from reagan national airport. i was reading an account from a formers tsa officer who's very critical of the machinery, the training, and just about everything and he said, when he asked his trainer coming out of his program what he thought about the machines they were using the trainer said we wouldn't be able to distinguish plastic explosives from body fat and guns are practically invisible unless turned swais in a box. machines are bad, trainers have no confidence, sounds like if you believe that and what your reporting said, the entire
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system needs an overhaul. >> one of the things that the secretary said, secretary johnson, that was key, two points he made. one was that you really have to reevaluate and retest the equipment itself, the security checkpoint equipment. he made that point. that's the short term. but he said in the long term, the tsa needs to adopt new technologies that he said specifically these tests actually address vulnerabilities. there are new technologies there. those two points are critical because what he is saying is that not only do all of these tsa officers need to reevaluate and be retrained essentially, the supervisorsupervisors, eval but that the technology itself is not up to par, not up to speed in terms of detecting the weapons and mock explosives they used in the tests. >> i am sure that all of those people behind you are none too thrilled about the reports just coming out as they're heading on to airplanes. >> that's right. >> thank you. thank you for that. she's doing the job for us at
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reagan today in washington. one of the world's great rivers, may be the scene of one of history's great maritime disasters. coming up after the break the latest on this rescue operation in the yangtze river in china. powerful sunscreen feel great? actually it can. neutrogena® ultra sheer. its superior uva uvb protection helps prevent early skin aging and skin cancer, all with the cleanest feel. it's the best for your skin. neutrogena® ultra sheer. it's the bbig day?your skin. ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern.
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in eastern china rescuers are racing to get hundreds of people trapped inside a sinking passenger ship. divers used hammers to knock on the ship's upturned hull, looking for survivors who may be trapped inside. this is called the eastern star,
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and it capsized on monday in stormy weather. more than 450 people were on board this. here is the horrible statistic, just 15 people have been found alive. 15. out of more than 450. including this woman who was pulled from the mer cu rivers of the yangtze river. david mckenzie filed this report from china a short time ago. >> reporter: hours stretch on and night has fallen they're desperately searching for survivors here in the yangtze river in china. that glow behind me is the staging ground for the search and hundreds of people rushing to the scene using specialist skills to find people trapped underneath the water inside that ves sell. scores, in fact hundreds are still missing. they've only managed to pull out a few alive today and they've only been a few bodies removed. the captain and the chief engineer were both able to escape alive. they've been taken into custody
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now so questions being asked what exactly happened. most of these on board were pensioners, elderly chinese, enjoying an 11-day cruise on the famous river here in china. now hope is fading fast that any more will be brought out alive. >> david mckenzie reporting for us from china. if you ever need serious reliable information, it is without question when your children's lives depend on it. yet, that can be the time when facts are hardest to find. straight ahead, we are keeping them honest. children's hospitals that try to keep secrets at the expense of their tiniest patients. you total your brand new car.
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if you or your child might be in need of a serious operation, of course you're going to want the most skilled and experienced surgeon that you can find in a hospital with a prove track record. but the parents you're about to meet wanted those things too, for their critically ill newborns in the state of florida. instead, though, of the facts they got promises from a hospital and a doctor they now deeply regret having trusted. senior medical correspondent elizabeth cohen has a keeping them honest segment and an investigation the secret deaths of st. mary's. >> reporter: just weeks into life, this tiny baby leila mccarthy, needed heart surgery.
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here at st. mary's medical center in west palm beach, florida, dr. michael black performed the delicate procedure to widen layla's narrow aorta, a defect since birth. >> he made it seem like he was the best person to do this, yes. >> it was very like no sweat, don't worry about it. it's a walk in the park. >> reporter: but the surgery was a disaster. >> i looked at her and her legs had started -- they had stiffened up a lot and starting going in almost a tabletop position. >> reporter: after the surgery layla was paralyzed. here she is today. the mccarthys had no idea that their daughter's tragedy had a disturbing backstory. one that no one had told them. just three months before layla's operation a baby had died after heart surgery by dr. black and five months before that, alex der mur caddo died and a month before that, keyary sanders
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passed away. >> it's horrible that you go into a program like that and they can be dishonest with you and they don't feel the need to tell you what has happened there before. >> reporter: one week after the surgery that left layla paralyzed amelia campbell died after heart surgery and then paris wright a few months later and landon summerford eight months after that. st. mary's keeps its death rate a secret revealing a death rate could potentially lead to providing misleading information to consumers. but cnn haskell clatsed a death --s has calculated a death rate based on these hospital reports which include surgical case loads. from 2011 to 2013, death rate for open heart surgery on children at st. mary's medical center was more than three times higher than the national average. these are all parents who lost their babies after heart surgery by dr. black at st. mary's. they hadn't met each other until they sat down to talk to us.
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>> he sounded like he knew what he was doing. >> all i could do was believe in his orders and it was the opposite of what he said. >> so your baby was transferred to a different hospital. >> they couldn't do anything for her. she was a vegetable. organs had shut down, everything. >> at the second hospital did they explain what happened? in the first hospital? >> the previous doctor thought that michael black kinked her artery and that's why it wasn't getting any blood flow to the left side of her heart. >> this is really difficult to hear. just to hear what the other mothers went through and that there seems to be pervasive. >> reporter: saint mary's owned by tenant health care said krp is wrong about the -- kcnn is w but rephrases to provide the correct death rate. dr. black rejected zs requests for an on camera interview so we
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tracked down ceo mr. car bony. >> reporter: hi, mr. carbone. how are you, sir? sir we want to know why -- what the death rate is for your babies at the pediatric heart hospital and your program? >> he also wouldn't answer the parents' questions, why did so many babies die at st. mary's? last year, a team of doctors from the state of florida's children's medical services evaluated the program. it was at the request of st. mary's which sought to, quote, evaluate and identify opportunities for improvement. the head of the team dr. jeffrey jacobs, a professor of cardiac surgery at johns hopkins found st. mary's was doing too few surgeries to get good at it. how few? in the united states, 80% of children's heart surgery programs performed more than 100 surgeries a year. each procedure giving them valuable expertise. but the review of st. mary's programs shows in 2013, the
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hospital performed just 23 operations. it is unlikely that any program will be capable of obtaining and sustaining high quality when performing less than two operations per month, dr. jacobs wrote. considering the major complications like layla's and the deaths of amelia and the other babies, dr. jacobs concluded the situation at st. mary's is not the failure of any one individual. it is the failure of the entire team and system. >> the state of florida has a letter that says there's been a failure. >> i don't think they should do any more surgery on kids at st. mary's. st. mary's is not qualified for surgery. that's that. >> dr. jacobs recommended that st. mary's stop doing complex heart surgeries on children and stop doing any heart surgeries on babies younger than 6 months old. st. mary's didn't listen. just ten days after receiving that recommendation they did a
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complex surgery on 18 day old josh desmore and ten months later st. mary's did another complex surgery on 16 day old davey ricardo. both suffered complications and had to go on life support. had more babies died, one in april 2014 and just this past may. in total that's at least 8 deaths and three serious complications since the program started. the hospital responds that the recommendation to limit surgeries were recommendations, not mandates. in his statement, the st. mary's ceo told us, we are working carefully to improve our volumes. so how did the state of florida respond when it received these doctors' concerning reviews? remarkably the state says they investigated and none of the issues raised broke any rules and that st. mary's is legally authorized to operate. in statements florida health official told us the death of any child is a tragedy, and we
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we will continue to closely monitor this program and this facility. that leaves these parents infuriated. >> every day somebody is making a decision to allow some parent to bring their child and to turn them over into the care of a group of people that aren't fit to do what they're doing. >> reporter: these parents want to know why st. mary's is still doing heart surgeries on babies. and the answer may come down to one thing. money. according to a study on one type of open heart operation for one surgery on one baby, a hospital collects more than half a million dollars. ins response to lawsuits filed by the families of key ary sanders and layla mccarthy, st. mary's and dr. black denied wrong doing. the parents are left to grieve. >> i never got a chance to hold her or none of that. >> you had to watch your baby.
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>> suffer. >> reporter: the mccarthys say they're fortunate that their daughter is only paralyzed. she's still with them, a lot of other parents can't say the same. >> that video i think just so speaks to this issue. first of all, you've been working on the story for a year with your team. after the break i want to ask you, why all of a sudden it started to get difficult to get the information you rightly had access to and who tried to block you from getting it. after the break. >> sounds good. >> back right after this. when i booked this trip, my friends said i was crazy. why would i stay in someone else's house? but this morning, a city i've never been to felt like one i already knew. i just wanted to thank you for sharing your world with me. it felt like home. airbnb. belong anywhere.
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there are some things you just like clean drinking water. but today, one in three americans can't be sure their drinking water is safe from pollution. the clean water rule wll protect the streams and wetlands that feed into the drinking water supplies of 117 million americans. tell congress: support the clean water rule. we deserve to know that all our children's drinking water is safe.
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you may be surprised if not outraged to learn hospitals often expect us to take their abilities on faith. cnn's elizabeth cohen reported on a children's hospital in florida whose record on complex heart operations is abysmal, yet many of its young patients' families never knew that and only found out when it was much too late. elizabeth joins me live along with danny cevallos. your report which took a year to compile, the facts were remarkable in this, they showed that even the ceo of st. mary's tried to stop you from getting this information. how and why? >> so what happened was we went to the florida department of health and said we heard you sent a team of experts in to review the hospital. can we have those reports? and then later we got an e-mail
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that the ceo of the hospital had sent the state saying hey, i hear cnn, a reporter is asking for these reviews. well, we thought that they wouldn't be released without our approval. and they were e-mails going back and forth between the state and tenant the company that owns the hospital. >> the ceo that closed the garage door on you. >> and refused to do an interview despite the fact that these parents want answers and the state said we can't hold this report and did send it to us, but he certainly made an effort. >> are hospitals required to release -- i hate to call them death rates but mortality rates. >> a lot of americans think they are but they're not. they're not. a hospital can have a very high death rate and just not tell anybody and that is why, ashleigh, we took things into our own hands. we went to the websites of every single hospital that operates on babies' hearts, more than 100 in the united states, and we looked to see if they release their death rates and other outcome information. you know what, more than half of them don't. >> more than half don't. >> don't. >> so we have a chart on cnn.com
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to help parents so they can see who's open and transparent and who keeps secrets. >> cnn.com. elizabeth cohen is our chief medical correspondent, our senior medical correspondent, so danny cevallos, from a legal perspective the families grieve doing they have recourse, civil recourse against hospitals who it seems from the lay person's standpoint only infraction they just don't to the operation a lot. >> i have to play devil's advocate to some degree. the mere fact of an adverse outcome, the mere fact that a doctor may not have as much experience as say another doctor in another hospital, these facts alone do not a medical malpractice case make. people who practice in this area will tell you, these are very difficult cases to make. because you must prove as a plaintiff that a doctor's care fell below an applicable standard. now in the case of day-to-day driving a car or performing normal activities, it's easy for lay people like us to talk about the standard of care. when we're talking about
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medicine, the only other person qualified to talk about the standard of care is another doctor, an expert, so these cases are often battles of the experts. no matter what, even if there was some adverse outcomes, you must prove not only a breach of the standard of care, but beyond that, that that breach caused the injury. lots of things happened during the surgery that could be be arguably negligent but you must prove that that act was connected to the adverse outcome keeping in mind the people on the operating table are sick individuals to begin with. >> i don't know if you can answer this, what is the recourse for those of us watching the story hearing what danny said, if i have a sick child, how can i get information to know that i'm going to the right care giver? >> the first thing that you have to know is that ins most cases, it's not a true emergency. you have more time than you think. i've talked to patients who said the hospital made them feel like you have to get the surgery now or your child will die when they had days or weeks or longer.
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that's the first step. the second step is just ask for the outcomes, say how many children did you operate on last year and how many children survived and where are these numbers, show me on the website. if it's not on the website that's a problem. they're keeping secrets. >> than an excellent piece of advice. if it's not out there, not proud of their work, that's the first line of defense maybe for us medical consumers. excellent work. you and your team a year's worth of work and danny, thank you for that. appreciate it. >> coming up any judge can sent a perp to jail but can a judge sentence them to a face full of pepper spray? what? in open court administered by the victim of the crime. this happened. after the break you will meet the man, the judge that handed down that sentence. quite a few others that you might not find in the criminal code. big robust debate coming up next from the man himself.
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it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance.
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traditional snentences don' always appeal to a judge in northeast ohio. see how municipal court judge michael chick netty sentenced a woman who pepper sprayed a burger king worker. he gave her a choice. you can take jail time or you can be pepper sprayed yourself by the victim. who you maimed. so here's the weird part. the container was filled with a saline solution that the defendant did not know that when she opted for the spray.
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>> [ inaudible ]. >> just water. >> in another case the same judge sentenced a woman to walk 30 miles because she stiffed a cab driver for a 30 mile trip. and here's the video to prove it. and then there's the time he ordered a woman to spend the night in the woods because she abandoned 40 kittens in a park during the winter and the time he sentenced three men to wear chicken suits in public for soliciting prostitutes and the judge ordered a dui offender to spend five days in jail and visit victims of drunk driving in the morgue. and that judge himself, judge michael chick netty, joins me now live from cleveland. judge, thank you so much for being on the program. i rarely get an opportunity to speak with judges so this is a treat. i want to laugh, half the time at some of the sentences, i want to cheer half the time, and then i sort of pull back and think, what about judicial temperament
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and the sanctity of the higher office you hold. how do you balance that is. >> first of all remember these are misdemeanor offenses. these aren't felonies, these aren't real serious crimes. in every case, i give the defendant a choice. they can do the traditional jail time or they can choose to do one of these alternative sentences. >> so that escapes sort of the eighth amendment cruel and unusual punishment issue, right? >> well, maybe not the unusual, but it's -- it's their choice. they choose to do it. >> yeah. >> what about the woman who was sentenced to walk 30 miles and she took up -- you took you up on her offer. what if she had been injured. that is an aggressive feat. would you have been liable for that in some way? were you concerned that was a pretty arduous thing to ask her to do. >> you know, that's a valid point. you know, i take all the precautions to avoid any injury.
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we have supervision on it. for instance, that day there was thunder and lightning so we had to pull her off for a while to make sure. that's part of the sentence, i have to ensure compliance and safety and i have to insure supervision, because without those, the sentence wouldn't be effective. >> so effective. i'm glad you ended with that because i was asking mel robbins, one of our legal analysts what she thought and she said jail isn't always effective. we turn out a lot of resid vists and worse after they come out of jail so this is a creative way of trying to make something stick, emotionally effect somebody by their crimes. to that end is it working? have you got enough of a track record it see what you're doing makes a difference in the defendants' lives after they actually carry out their sentence? >> i think so, ashleigh. i would put my recidivism rate up against any other court. particularly for the ones that
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have prarnerformed these senten. my experience has been they don't come back. my initial criteria is that they -- usually a first offender, they're young and impressionable and somewhat remorseful. absent that i'm not going to -- i wouldn't met out one of these types of sentences. >> so i guess the other question i have for you is that we have sentencing guidelines in the american system of juris prudence for a reason so we can ensure consistency and uniformity so one guy doesn't get overpunished where the next guy gets under punished. is this regulated enough to fit into that basket? >> well, i don't have to follow those specific sentencing guidelines like the federal court does. and it's not one size fits all. you can't do that. every individual is different. as they approach the bench i have probably two seconds to read them as they're coming up there. and by the time they get to me, i know where it's going. >> judge, i appreciate you coming on.
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i always love the opportunity to speaks to the judges. we don't get it very often. nice to have you. i look forward to our talk again. >> well thank you, ashleigh. >> in ohio. thank you. i have breaking news i want to bring your way, crossing our wires right now and it is a big story for those in the international arena and that is the president of fifa, the world governing body for soccer, sepp blatter announced he's resigning. this is days after he was re-elected for his fifth term, speaking in zurich, apparently called for new elections. asking for an extraordinary congress as soon as possible, to elect his successor. you can pull this one right out of the book of who saw that coming, but sepp blatter embattled and controversial and long-standing president of fifa, walked off the job. that's it. more after this.
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our breaking news before the commercial break a big surprise to probably everyone in the international community. here in america. sepp blatter, the brand newly elected president of fifa, re-elected to his fifth term on friday, has decided he's going to resign amid this remarkable scandal that just keeps growing with the domino effect of information that's been leaking out about the investigation that was spearheaded by the
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americans. out he goes after 17 years as president. the 79-year-old leader stepping aside saying i have thoroughly thought about my presidency and 409s years fifa has played if my life. i love fifa more than anything else and only want to do the best. i decided to stand again for election for the good of football. he's calling for new elections again. another set of elections. standby. we'll let you know what happens next. prosecutors in the james holmes trial are argue the accused mass killer knew exactly what he was doing when he opened fire in a crowd krocolorado mov theater and knew it was wrong and should be sentenced to death. the defense is arguing holmes is not guilty because he supposedly experienced a psychotic ep seed during that attack. the trial is in its sixth week. here are some of the most compelling pieces of evidence the prosecution has presented against him so far. couple of months before the shooting, james holmes bought
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more than $2,000 worth of tactical combat gear. may 10th, 2012, tear gas, grenades, $43 and then some. may 10th, 2012, gas mask kit. june 6th, 2012, handcuffs, roadsteres, spikes for the road in case someone is chasing you like if you're bad and they're trying to catch you. trauma bandage, 80 bucks. june 28th, 2012, black kevlar combat helmet, $336. june 30th, 2012, be ballistic chaps. i hadn't heard of them, but they cost over $850. june 2nd bulletproof body armor, over $900. prosecutors are saying those purchases prove that holmes knew his attack was wrong and was preparing for the police to come and try to stop him. this planning went beyond weapons and gear. joining me to talk about the prosecution's case cnn legal analyst paul callan and legal
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analyst joey jackson. that list alone is remarkable but you actually have a sound bite from him that played in open court about regrets and usually regrets because you regret you did something you shouldn't have, let me play that and talk about it. >> what brings tears to your eyes sometimes? >> just regrets. >> regrets? can you tell me a little more? >> usually it's before i go to sleep. regrets about? >> about the shooting. >> regrets. regrets about the shooting. do you need more than that? >> according to the prosecutors you certainly don't. when you put that together, because that's testimony, right, we often talk about whether the defendant will testify, he's testifying in court and really being cross examined by the psychiatrist, so what you do is
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you match up his testimony, he seems consistent, he seems logical, he seems lucid, he seems expressive and look at all the plotting, premeditation he did, and they say you knew what you were doing, and you knew it was wrong. >> paul callan, if you don't think that's enough how about the fact that he booby-trapped his apartment and looked for something far away interest a police station to attack. >> you have that and a couple things that came out yesterday, one, his theory of human capital which was outlined. he has this theory if he kills you, you -- his -- yo your self-worth is absorbed by him. his plan was to kill people in the theater to increase his own self-worth. he didn't shoot cops during the course of the assault. they said to him why? dr. reid said why? he said apparently if he shoots people -- the cops had their back to him and he didn't shoot anybody in the back. you have to be forward facing for this ther troy work.
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finally, his mission plan which he sent to a psychiatrist before he did it shows clear planning. >> guys, all i can say is that the defense has such an uphill road. we have months to go. >> indeed. >> thank you, joey and paul. thank you, all of you, my colleague wolf starts right now. this is cnn breaking news. >> hello, i'm wolf blitzer, 1:00 p.m. in washington, 6:00 p.m. in london, 1:00 a.m. wednesday in beijing, wherever you're watching from around the world, thanks very much for joining us. and we have major breaking news. we're following fifa president sepp blatter has -- is stepping down, just only moments ago, fifa officials made the announcement at a news conference in zurich, switzerland. all this coming on the heels of a corruption scandal that erupted last week. let's immediate gloi to our international sports anchor alex thomas joining us from london. a bomb shell right now. he was only re-elected last

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