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tv   Legal View With Ashleigh Banfield  CNN  October 6, 2015 9:00am-10:01am PDT

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global perspective as well. she was willing to move to another state, and i'm the one as a mom who vetoed that idea, because it would be extremely cruel of me to take the her out of her entire support system to do what? put her in a house or apartment just for her to watch me die day by day. nobody should have to do that. >> well, christy, thank you for your strength and courage for joining us. thank you all for joining us this hour. >> legal view with ashleigh banfield starts right now. hello, everyone, i'm ashleigh banfield and we begin on "legal view" with astounding details of the oregon shooter from the person close toast him perhap, his own mother. online postings written several years ago but just uncovered christopher harper mercer's
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mother writes on yahoo! answers, a forum there how she kept numerous firearms in her home loaded and she was very well versed on the subject, offering sa safety tips to others, and the new york times first discovered laurel harper's posts that also reveal information about her son's mental health and how she was trying to help him. dan simon is the correspondent, and he is with me from roseberg, oregon, and dan, some of the revelation revelations are just mystifying, knowing what we know now, and walk me through what these postings tell us about her, and her son's mental health, and the guns that they chose to share between the two of them. >> well, ashleigh, first, take a step back to look at what we know here sh, and we we know th the gunman's father told cnn that he had no idea that his son had any guns let alone more than a dozen of them. and well, it seems to be quite the opposite here with the
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mother. she seems to be very well aware that her son had a lot of guns, and she seems to be a gun enthusiast herself. at the same time in the post ings she acknowledges that her son had some form of mental ill innocence the form ofs asbergers syndrome, and i want to read a quote of what she wrote online. i keep two full mags in my glock case, and the ars also has loaded mags. nobody is dropping by my house uninvited or without acknowledgment. this is going to tell you that this is a woman who has a passion for guns, and lived with her son, so he was exposed to them. so ultimately a question of what exactly did she know about her son's mental illness, and as a consequence of that, was she irresponsible by having guns in the home. and talk a little bit about
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asberger asberger's, and we know that there is no direct link between s a berg -- s a beasberger's an violence. and it is a known form of autism, and 1 in 12 will be diagnosed with it. i'm well aware of it because my son hases a pergasberger's syndrome. he's no babbling idiot nor is his life worthless. he's very intelligent and working on a career in filmmaking. my 18 years worth of experience with and noblg about asberger's syndrome make me aware of this. so the shooting of this young man and adam lind is the same
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where the mothers had a passion for guns, and many people in that case blamed the mother for what happened. and it is fair to say in this case in oregon, some of the same questions are going to be asked, ashleigh. >> and nancy lanza was the first person who he killed point blank in the head, and still, she was assailed for her parenting given that she had a son with mental illness, and celebrated the guns. you say that she didn't post anything online about this, and she didn't castigate the guns with gun safety laws and brag of oher son's knowledge of guns. i want to bring in dr. gail saltz here who is author of "anatomy of a living psychology." and also, a former fbi special agent and profiler. first to you, dr. saltz, i was
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so disturbed by this discussion and the elephant in the room was that adam lanza had autism or on the autism spectrum disorder, and had the asperger's, and he and the mother shared this love of guns and that was three years ago, and so this mother, this o mother, she would have known that this happened and not to suggest that there is any link between the illness and the violence. no studies show that. >> no. no studies show that. and if you want to think about links, what we are talking about is somebody who is socially functioning very poorly, and also has tremendous rigidity and has trouble making changes, and increasingly angry and frustrated and aggressive and also for perseverating on an area of interest, including guns. and so if you have a child with something on the autism spectrum, they are often on the
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spectrum themselves, and so the ability to see what is go g ing and the potential explosiveness may not be as good as somebody who is not. >> and let me ask you this. "the new york times" interviewed somebody named alex jefferson who worked with mrs. harper, ms. harper, and that personal lex jefferson said that this mother had said of her son, my son is a real big problem of mine. he has some psychological problem, and sometimes he takes his medication, and sometimes he doesn't, and that is where the big problem is when he doesn't take the medication. she also talked about online her son banging his head against the wall, and how this is her lifelong work. >> and previous signs of aggression, and signs of depression and as in being willing to take your own life and other people's in the process, and having great struggle that you deal with by being aggressive and blaming others, and in other words, if the mother is trying to tell
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everybody, you can't behave this way, because you are bothering my son, it is your fault or the kid is saying that you can't, you can't do this, because it is all your fault, those are the things that are in the background of people who go on to commit gun violence, and they should not have access to guns. >> mary ellen o'toole, there is no law that this mother broke. you can own these gun, and keep them the way she kept them in the state of oregon. she did nothing wrong, illegal areally, and she is clear. her parents skills are entirely in question today, give n the fact that i have a monitor behind me with, you know, way too many dead people, and people who did not deserve to have this happen, and i just want to know from the law enforcement perspective, are your hands completely tied when it comes to this kind of thing? >> well, i would say at this point, yes, however, having said that, when we talk about the warning signs for this behavior and dr. saltz just brought these up, it is a progression to
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violence. it didn't just happen overnight, and people that are close to these individuals are the ones respon responsible for seeing those warning signs. that didn't happen here. and we are not sure why. i am sure that they are going to lo look at it, and get to the bottom of why would someone who has a son who is manifesting these red flags, bring that kind of weaponry into the home? it does not make any sense, and at this point, it is not a zerole tolerance and zero sanctioned crime. this is a crime that cries out for people close to the individual to see those warning signs before ever it gets to the shooting. >> and how about an additional warning sign in wall to wall news coverage and christmas three years ago when 20 little schoolchildren lost their lives to a young man with a condition exactly like this young man's
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whose mother had a condition exactly like this mother who shared the guns with the mentally ill child. >> well, we are hopefully out there speaking to people out there -- >> if you a son who is very preoccupied with guns, and who is not managing well, and is in any way aggressive, don't let him have access to guns. >> or at least go further! discuss it with the professionals and do something, and don't let this be the only outlet of communication. >> and most professionals are not allowed to ask if you have a gun and be able to take it away. >> and now, coming up, scouring the seas for possible survivors and answers in amazing disappearance of a cargo ship almost 1,000 feet long, and the crew is still mia, and the cnn crew is joining in the search. ♪ ♪ (singing)
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the ship is lost, but the coast guard is refusing to give up on any of the survivors and hopefully still survivors. and while the search continues, the ntsb has sent a go-team to jacksonville, florida, to investigate the disappearance of the cargo ship that is now famous known as "el faro." there is a debris field that is discovered, but no sign of the ship itself. it was carrying 33 people on board, and 28 of them american, and five of them polish. it went missing near the bahamas last thursday just at the same time that hurricane joaquin was passing overhead. the ntsb said this morning that the job ahead will not be easy. >> you can see that this is a huge challenge of a large debris field.
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we hope that the investigators will find as much of a debris field as possible. but it is a challenge with large water and depths. there are other aspects of the investigation, and marine logs and data and the interviews with the people involved that will help to determine what exactly happened, and obviously, we are are hoping for the best. we hope that the ship will be recovered. >> cnn's miguel marquez is covering the story, and here with me live. also, cnn meteorologist eric van dam in atlanta, and mary schiavo is live in charlestop. and first, the news, cnn had two people on board of the search and rescue flight, and walk me through what they saw and how difficult this is proving to be. >> well, they didn't see anything other than ocean, but the coast guard has found other materials out there, and they
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have found a debris field, and so far, recovered five life preservers, and a personal flotation device. one lifeboat damage and two of the survival suits, and in one of them there was a deceased individu individual, and also found one uninflated life raft which indicates that they clearly knew what was coming, but that, you know, not everybody was able to get into the suits. >> indicating that they knew what was coming, and that is a whole other question that i want to ask the other guest, why on earth would a ship be going out to what is a tropical storm and headed into a potential cat 4 or cat 5 storm. and that is one question, and survival suits, and one for each person on board, but a survival suit in a hurricane, and do they have a shot at surviving in those? >> sure. if you get into the life raft and stay afloat and somewhat dry
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and above the enormous wave, yes. the coast guard is hoping against hope that they could possibly survive. it is possible, is it likely? probably not, sadly. >> distressing. eric van dam, you were out flying with a hurricane hunters team directly into the eye of the storm. >> yes. >> and give me the size, scope, waves and everything that miguel was referring to, and the possibility that somebody could survive out there wearing one of is survival suits. >> ashleigh, it is incredible how quickly the mission changed once we got that phone call from the u.s. coast guard. we went from data recovery for the hurricane to search and rescue for the missing cargo. this is the exact path. we took off from biloxi, mississippi, friday morning, and entered the middle of joaquin a c category 4 at that time. i have zoomed into the eyewall of the storm to give you an idea of what the pilots had to deal with. we were originally roughly flying at 10,000 feet, but we
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dropped to 6,000 to get a view of the ocean below us, and this is the area of the calmest part of the storm, but if that plane or the plane that i was on was to exit the eyewall, that's when we reached the strongest winds of the hurricane, and typically 150 miles per hour in this instance and so we had to navigate this region just so we could get the best perspective and the safest perspective of what is below. unfortunately, we did not see the missing cargo ship, and i took the picture with my phone, and the waves were certainly turbulent and think of it like a bathtub for instance, even though the walls were calm, but there were pervations in excess of 150 feet. i witnessed it on this particular plane. and you can see how choppy the ocean oceans were and very difficult for any of these people well have to contend with this situation. >> and those are white caps from
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the plane's window, and this is amazing. >> mary schiavo, what about plotting and planning a course where a actual tropical storm is headed to be increasing to category 4. if mary schiavo is with us, how can you answer that with the background. how could they do that? >> well, particularly in any ship when you lose the engine, because when you maneuver into this, you have to go into the wave and cruise up or power up to the crest of the wave. but this ship was something called a rocon and people are calling it a container ship, but it was built in 1975 as a roll-on/roll-off ship for vehicles, and you to keep in mind a ferryboat with wide flat decks, and the water on the
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decks is destabilizing and something called the three-surface effect, and the port ports to get on and off of the ship with the wide flat decks made this ship very vulnerable in the water and the hurricane condition, and the ntsb will zero in on this. >> and this morning on "new day" the coast guard was saying that the propulsion was gone, and mechanical or whatever, they were broadside to the 50-foot wave waves and could it withstand even one of them? >> well, fit was a broadsided wave big nufshgs it would literally roll it, and that may explain why it is no time to get on the flotation suits. when you get on the coast guard ships, it takes time to get them on, and if you were being roll ed by a wave, you wouldn't have had time. >> and mary ski y-- schiavo,
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thank youer for joining us. >> and i want to the show you a live shot here from columbia, south carolina, and clearly a breach that is causing severe flooding in that spot, and this now as the death toll has risen to 14. and the death toll, we have added one more death in south carolina. and i can add to that two more deaths in north carolina. before we saw this picture, there were at least nine different dams that had breached or failed. i don't know that this is a dam, but it looks like a roadway or the river bank that breached and clearly looks like the road has been taken out, and without a wider picture, i can't tell you what is downstream of the flooding, but so many communities on alert right now for evacuation, because there are a number of other bridges and dams -- oh, look at that, wow, right as we are speaking, collapsing river bank, and
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people in peril of the dams breaching, and the waters are known to have risen within several feet within minutes, and rescue crews are on standby and certain communities standby for the quick emergency evacuation, a ip want to keep an eye on that picture, and as we we get more information, i will bring it to you as well. and coming up in california, it is legal in that state to end your own life. we will talk to a man whose late wife as you will remember helped to make that law a reality. become the only thing you think about. that's where at&t can help. at at&t we monitor our network traffic so we can see things others can't. mitigating risks across your business. leaving you free to focus on what matters most.
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the governor of california, jerry brown has signed bill that truly is a matter of life and death. technically it is called abx-215. less technically it is called the tend of life option act and it allows doctors to prescribe
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lethal drugs to mentally competent patients who have six months or less to live. but clear cut requirements. the patients must be physically able to take the drugs themselves, and two doctors the have to approve it, and the patient will have to submit several written requests, signed by two witnesses, and one of whom is not a family member. and it is clear that governor brown did not take this lightly, and this is a letter that he wrote to the california state assembly and this is a quote to the governor. i have thoughtfully read opposition materials to many doctors and religious leaders and those who champion disability rights. i have considered the theological and religious perspectives that any deliberate shortening of one's life is
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sinful. and i have read the letters of those who have heart felt pleas from britney menard's family and arch bishop desmond tutu, and in addition i have discussed this matter with a catholic bishop, and two of my own doctors andle forrer classma-- and former fam and former classmates and friends who were varied, contradictory and nuanced positions. i dot no know what decision i would make if i were dying in prolong and excruciating pain. i am certain, however, that i would be a comfort to be able to consider the options afforded by this bill. and i wouldn't deny that right to the others. and he mentioned britney who
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brought it to national consciousness. she learned in 2014 that she had brain kacancer, and a few month later she moved from california to oregon so she could loelly take medication to end her own life, and on the website, she spoke about how it made her feel just to have the option. >> i can't even tell you the amount of relief that it provides me to know that i don't have to die the way that it has been described to me that my brain tumor would take me on its own. >> last november, brittany took her own life and left behind her husband dan diaz who is kind enough to join me from portland, oregon. thank you for being with me today, and i can't think that this is bittersweet for you to have this legislation signed in the state that you left. >> yeah, i feel a sense of
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gratitude for the governor and the last two sentences of the letter that you read about not knowing what the decision he might make, but recognizing that it would provide a huge amount of comfort to a person like britney menabri brittany menard and not wanting to stand in the way. i am so grateful for that. >> i am sorry that we have breakup in the signal, but you can hear me clearly? >> yes. >> and i wanted to ask you about something that i had read that you had written, and this is brittany's last dying wish. >> well, it was one of the wishes that this would be legal in california, our home state so that nobody else would have to go through what she went through of having to leave home, establishing a new medical team, and finding a new, rent a house, residency up in oregon. so it is certainly something that she was fighting for so
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that nobody would have to endure what she did at the end of her life. >> do you also as you have gone through the terrible odyssey, do you also recognize what the governor was referring to in his letter and that is that the critics, and what they say about the right to end your own life. they are concerned about people who are like greedy heirs who might speed the process and take advantage of this sort of an opportunity for their own gain. can you still hear me, dan? i think that we have lost your audio and signal, and i am only hearing little bits, and this is so critical and i want to hear this answer from you, and let me find out if we we can get the signal back up and running, and unfortunately, we have a frozen signal, and i will tell you that we are going to work on that and try to get dan back to answer this question about one of the
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important moments in california history, the signing of the right to end your life bill. meantime, i will move on to insider trading and you know it is not allowed on wall street, but what about fantasy football? a lot of people probably had not thought about it today, because there is a very big scandal brewing.
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well, i guess that you could say that things are starting to get real in the world of fantasy football. it is a multimillion dollar industry that is dominated by fan fuel and draft kings which has tens of millions of players who compete for jackpots that are well into the millions of
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dollars. >> fan dual has changed my sundays and made it more interesting. >> it sounds so much fun alre y already. and what could possibly go wrong? well, here is one thing. an employee at draft kings inadvertently they say tweeted some private information the very same week he won $350,000 the on the other site fan duel. i know that sounds weird, doesn't it? until now the companies had barred employees from playing on their own web sites, but they could play on the other guy's web sites, and that is okay, but now they can't do that at all and that is now. and since when is sports betting legal other than nevada? anywhere as long as you are good at it. i want to bring in our legal analysts and before i go on, i want to say that time warner our parent company, and cnn is an invester in fan duel, and with that caveat, it is legal to do this, because apparently, you have to have skill. i don't do this, but it is not
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just gambling. >> well, it is controversy, and you have skills, ashleigh. >> not mad skills, i will tell you. >> and congress passed a law saying no internet gambling, but they created a loophole for fantasy sports saying that they were bunches of friends who would meet up on the internet and old college friends who would draft players from other team teams and compete with each other -- sgland you have to know which players are good, right? >> well, the guy from poughkeepsie al would win $200 off of the college's buddies or get each other tattoos, and congress didn't want to regulate that, but since then, this has turned into a multibillion dollar industry and the difference is that people go into the website sites and make the picks of each day which they believe will do well, and they are competing against millions of people, and then if they win, they will have the huge payout, but the problem here is that the
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guys who work at the company, they know all of the inside secrets about whose name is going to be coming up as the winning teams or the sleeper picks or the things that really win you the big money, and they were going out to use the insider information or at least the allegation is that they could or did, and they were using it to win on ther sites. and basically call the whole thing in question, if you are going to be putting down your $20, do you want to compete against somebody who has all of the answers? >> and sounds just like insider trading. >> and it is the guy who is betting over a rulette wheel, and spinning a coin, and that very thing that makes it legal is what somebody is complaining about today, that somebody used not just information, but superior information to everybody else in order to do better than everybody else. yes, we can make the analogy to insoo
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insider trading, but that is all it is an analogy, because the industry of securities is simply not the same as the industry of fantasy sports, and they are not the same thing, so the fact that somebody had superior information and especially if that information was available to somebody else, or intuitive or could have figured it out, there is not a proper, and we could make a theoretical comparison to the insider trading, but, as i finish, i will let rachel jump in, but the uig does n not make it accurate and it does not replace local state law, and they can continue to make it legal, but a creative state or federal prosecutor could find a violation of state and federal law and not immunity. >> and a couple of seconds here. >> well, this is the issue, a huge moneymaker, and all of the people are making money of this, and you mentioned that time warn
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er is invested here, and major league baseball came out that they don't have a policy of letting their own employees invest in draft kings or fan duel. so there is a congressman who wants to close the loophole in t the fantasy football analysis. >> and so we will have more on this, i promise. i bet you had never heard of slaves being referred to as immigrants or workers. neither had a 9th grader until he read it in his school textbook. and no joeshgs and he even took the photo the prove it.
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tand that's what we're doings to chat xfinity.rself, we are challenging ourselves to improve every aspect of your experience. and this includes our commitment to being on time. every time. that's why if we're ever late for an appointment,
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we'll credit your account $20. it's our promise to you. we're doing everything we can to give you the best experience possible. because we should fit into your life. not the other way around. what i am about to say is what should come standard to anybody, right? in fact, this shouldn't be news even to a high school history student, but here you go. africans brought to the new world against their will who were bought and sold like property and treated like livestock or worse for more than 300 years were called slaves. that is what their names were, they were slaves. they were not called immigrants. i'm an immigrant, and they were not called workers. i'm a worker. and they were called slaves.
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very cut and dry. and future editions of a mcgraw hill geography textbook are g going say that, but only because there is this 9th grader in texas who could not believe what he was reading in class last week. centuries of slavery reduced to a paragraph on immigrant workers. colby burrren who is a student pursuing her doctorate in ancient art saw what hauz -- saw what was translated and couldn't believe it. >> it is now considered immigration because they were brought are from plantations to work on their own. >> yikes! a couple of thousand facebook posts and likes, and the publ h publisher promised a rewrite and
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to quote mcgraw hill, to be more clearly, we will write this the as african slaves in the u.s. as a forced migration, and emphasize that their work was done as slave labor. join joining me now from houston is ronnie dean burrren, wow. did you ever expect that this would happen because you got angry or saw something and you went to social media on it? >> no, i guess, you know, it is important to kind of characterize it as not anger, but it is really, look at what this is. it is sort of a matter of ridiculousness. when i posted the original text for my son, then people asked about the book. they said, who is the maker, and i said, instead of taking picturesly walk people through the book with the video. i thought that my 25 friends would like it or something, and say, that is a shame, and it would be over. >> it wasn't.
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i mean, this is the massive change. they are re-doing the whole kit and caboodle. did they just get wind of your viral post or did you end up having a lengthy discussion with them, and certainly with the background you could have told them a thing or two about writing textbooks. >> well, maybe a little bit and i have an english language arts and journalism background, and maybe not -- >> and the whole doctorial student thing is a big deal to me. so did you talk to them about that, roni? >> i didn't talk to directly to mcgraw hill, but i posted the video and a lot of the followers and the people who saw the video shared it, and people call and they were posting the number, and then mcgraw hill responded last friday and since have responded as well, but i have not spoken to them directly, no. >> and so there is an interesting anecdote that you
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can recount right here live on tv about the moment that you found out that things were going to change, and that quickly, and can you recount that? >> yes. so my son once we sort of knew that things were going to be making the change, and the publisher said that we are going to be moving into to a direction of better language, my son gave me a call, and he was sitting n next to me, and he said, mom answer the phone. i said, you are sitting right here, and so i will not, and he said answer it. and he said call you when i knew that i could change the world with my voice, and so i am calling you right now. and that is the craziness that is happening, because it gets it. >> that is a mommy moment to end a lot of mommy moments. that is fantastic. and from this immigrant worker to you, you did excellent work and i thank you for doing that. >> thank you. >> and r,oni dean-burren, thank
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you for that, and can you talk about changing the world. >> can you believe it has been 20 years since the trial of the century. a look back at the o.j. simpson trial and all of the hype that surrounded it. you totalled your brand new car.
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acquit. >> and hear from the juror. >> i believe he is innocent with all of my heart. >> and the infamous witnesses, and 20 years later, do you believe h sure, tv has evolved over the years. it's gotten squarer. brighter. bigger. thinner. even curvier. but what's next? for all binge watchers.
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movie geeks. sports freaks. x1 from xfinity will change the way you experience tv. >> a speeding white bronco, and tight black glove and the trial of a legend o.j. simpson. and i hope you have a seat belt on, and it was 20 years ago. and feel old? still, it is a look back tonight from cnn how it unfolded and the courtroom, and how people across the nation were commit and felt connected to o.j. >> was that verdict about murder or about race? >> the verdict was undeniably about race.
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>> not giuilty. [ cheers and applause ] >> the people saw what they wanted to see. and it is interesting how it was divi divided in this case right along the racial lines. >> i will never forget when it was over, and woman came over to me, and said that the verdict was like being punched in the stomach, and i said, you don't know any of the people, and why was it like being punched in the stomach, and she said, it was as if this were my brother and sister. everybody was involved, and everybody took sides. >> everyone had an opinion. and now, how do you feel 20 years later? did he do it? >> my opinion still is that i think that he is guilty, and that has not changed. i found him innocent, and i believe that he is innocent. >> with all your heart? >> all of my heart. >> what's the one thing that you can't get out of your mind 20 years later from that trial? >> oh, that is easy for me. >> what?
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>> the son of a [ bleep ] got away with it. simple as that. >> and i bet you recognize the reporter right here, kyra phillips. >> and yes, 20er years ago i was covering that verdict. >> how could you, because you are only 30. >> that is so true. >> and here is the thing, if you had polled people black and white right after that verdict -- >> oh! >> it was literally black and white how people felt about that verdict. >> you and i were covering this and we remember it well, and this case became about race, bottom line. it was not about two people that were brutally slaughter and the country was divided and black against white and white against black and everybody had an opinion because of race, and rodney king, and the public thought that the lapd was racist, and then mark furman dropping the n-word on the tapes, and the whole dynamic changed. did you know that in 1995 when this verdict came down 60% of african-americans thought that
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o.j. simpson was innocent. 60%. and now, 20 years later -- >> how different is that? >> more than 50% of blacks say, ooh, he is guilty. and 83% of all of us say he is guilty. >> and so we have had that criminal trial in las vegas that might have bemirsmirched his character as well. >> and i remember interviewing tom the lange 20 years ago, and a fiesty detective, and he is even more blunt now. he said, i knew that he had it, and he knew he did it, but he is going to rot in jail, but for the wrong crime. >> yes, that is what they said happened in las vegas is the crime there. >> and before 1990, nothing was
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more talked about than the brew mali shoes, and then the attorney asked him, have you ever bought brumali shoes. and he said, i never would have worn those ugly ass shoes. >> and then petrocelli with the broadcaster, suave, wearing those shoes, and the deposition tape, and literally this is his face. he is caught. caught red-handed, and he knows darn well he was wearing those shoes. >> and then since the trial, thousands of pictures of him wearing those shoes. >> and remember he said he never would have worn those ugly ass
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shoes. >> well, i couldn't have afforded those shoes. and now, you have followed it for 20 years, and congratulations on the special, kyra phillips. thank you for coming on with us. >> you bet. >> you bet. >> and wolf starts right now. -- captions by vitac -- hello, i'm wolf blitzer and it is 1:00 p.m. in washington, and 6:00 p.m. in london and 8:00 p.m. in moscow and 8:30 p.m. in kabul. wherever you are watching in the world, thank you for joining us. the united states planned a deadly bombing in afghanistan, and that is the focus up on capitol hill. the top military commander in afghanistan john campbell is testifying before the pentagon about that bombing which he says was a mistak


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