Skip to main content

tv   Legal View With Ashleigh Banfield  CNN  January 6, 2016 9:00am-10:01am PST

9:00 am
this is cnn breaking news. hello, everyone. i'm ashleigh banfield and welcome to "legal view" the hour's breaking news on cnn. they are celebrating in north korea right now. celebrating something that literally shook the world a few hours ago, and if it is true, and that is a very big if, it means that north korea has managed to put together and to test a hydrogen bomb. [ speaking foreign language ] >> so, this was the official announcement today on north korean television, and in that breathless pyongyang fashion no less. no one mels the world is happy
9:01 am
about this, and in fact, nobody except for north koreans is report reporting this to be # 100% true, but when i said that something shook the earth, it is not an exaggeration. and whatever north korean did a few hours ago, it caused seismic activity, and earthquake that was registered as a 5.1. and you know who else is not happy about this? the secretary-general of the united nations ban ki-moon. >> this is a test that once again violates numerous council resolutions, despite the united call by the international community to cease such activities. and it is a grave c contraindication of the norm of the nuclear testing. it is seriously undermining
9:02 am
worldwide nonproliferation activity, and i condemn it unequivocally. >> and we will find out that the hydrogen bomb is so much more destructive than the good old fashioned a-bomb. jim walsh is standing by from m.i.t., and i want to get to matt rivers where it is 1:00 in the morning in beijing, and i want to ask can you about the significance, because it has been a couple of years since there was a profound relation between china and north korea, and that has dissipated exponentially, and what are the chinese saying has happened and the sig nnificance about it for them and the rest of the world? >> well, they came out as the rest of the world unequivocally say saying they are not pleased with
9:03 am
the latest test from the north koreans, and china is their only ally on the world stage, and so the chinese the to come out as strongly as they did, says something about how unhappy beijing is with the north korean, and perhaps because china shares a border with north korea, and there were schoolchildren evacuated from the school because of the tremors that you mentioned in the top of the broadcast, and we are told that the environmental protection ministry here has sent inspectors to the korean border to test for radiation. so as the u.n. security council is meeting right now to discuss perhaps leveling more sanctions against north korea, it is going to be interesting to see if china backs the sanctions against the ale lie moving forward and if they do, lit give you a strong indication of just how unhappy china is and how much relations between north korea and china have dissipated and deteriorated over the last several years. >> all right. matt standby if you will, and i want to bring in chad myer, because chad, a lot of people
9:04 am
hear that there was an h-bomb actually tested, and maybe somewhat confused as to the s significance of the explosive qualities and the travel qualities or the significance generally speaking between a-bombs and h-bombs and any other kind of weaponry that north korea has been up to. >> it is the difference of the megabyte and the kilobyte and then to the terabyte. and this is where all of the nations have been between a 4.3 magnitu magnitude, and 5.11 that we are been seeing in the desolate h area of some mining which is indicating that probably this is an underground test, and that is what we would expect.
9:05 am
but let's get to this, the magnitude difference of what would be nagasaki, which is 15 kilo tons, and so 15 kilotons, and then to sue maut ra with the shaking the earth which is the equivalent of a tsunami, and that is 26 mega tons, and then you go to where mount st. helens is going off and knocking down trees for hundreds of miles, and that is mega tons. and now, over there where the big mount st. helens is, the biggest bomb ever, sumatra and we are just that tiny bomb there, and that is the nagasaki bomb there, and that is the
9:06 am
difference of the 5 magnitude compared to what could have been had it really been a big, big explosion which could have been 1,000 more times or bigger. and we will have to go back to see what is exactly going thereon. >> and this is a perfect explanation, and perfect description of the significance of this. chad, standby. i want to get the security issues nailed down with jim w l wallb, our international security expert. and thank you for being with us, jim. and there are a number of issues that come up with what chad showed us and with what the international community is saying may have happened, and i want to drill on the may have, and how are we going the know if this really happened and when we find that out, what on earth can you do with a rogue nation like north korea? >> two good questions. first, ashleigh, how do we know? we know that there was a nuclear test of some kind, and why? because as of part of the test ban treaty, a set of the seismic stations set up around the world to monitor potential nuclear
9:07 am
test, and it did show up in the same time frame that the north koreans were claiming a test. is it a h-bomb? i have a doubt about it, because the yield on the test was very small similar to the tests previously. and that number is going to be rev revised over time, but it is order of magnitude less than we would expect if it were a hydrogen bomb, and so maybe playing that it is an h-bomb or not, but one way to tell for sure is if u.s. or japan can take air samples from the planes, and pick up a radioactive signature in the air sample samples to tell them the type of bomb being used. that is strong evidence. the question is if they will get the test, and they have gotten it on some, and not on others, and as to what to do about it is the important question. and they are already sanctioned and the sanctions have a limited effect, obviously, and they are going to be passing a u.n.
9:08 am
security resolution, and north korea does not care about that, and it is interesting to see what the chinese will do, and they have called the bluff, and saying, too bad, we will do this anyway, and will the chinese do something, and use the economic leverage? probably not, because they don't want to have a country on the border that has big economic pr problems, so i am guessing that we won't see a heck of a lot in the aftermath of this unless something escalates because south korea reacts, and north e korea, but barring that, there is not a lot to be done. >> and one last question, and i have to make it a quick one, but it is critical. for years it is thought that china would be the only way to mitigate the irrationality of kim jong un and what he has been up to, and now clearly, that is non-existent, and almost non-existent that relationship, and what of the others who are helping and supplies? there is great knowledge about those who travel from iran and are present in the testing. what can one do in terms of
9:09 am
taking out the suppliers, the support network, and those who made what happens in north korea happen? >> yeah, most of the collaboration with iran is over missiles and not nuclear, and this is something that i have spent a lot of time on, and i have a macarthur foundation grant on this. most of it is the procurement, they will have a dummy company in china to import what they need from europe and elsewhere in the region, and it is going to be taking the chinese cooperation to get to that, but they ron the border to the intercept and prevent them from getting what they want is very difficult in a globalized economy when they are sitting next to biggest economy in the world. tough challenge. >> i can't thank you enough, jim. i don't believe it is the last that we will speak on this. our thanks to chad myers and matt rivers who is doing a great job over in beijing. thank you to all of you. and coming up next, the man who bought the guns that were
9:10 am
yuse ed in the san bernardino attack is about to be appearing in court again. and there is a big black hole, folk, that the fbi still does not know what happened with these two killers between 12:59 p.m., and 1:17 p.m., and it is an 18-minute mystery, and now the fbi thinks that you might be the key in solving i. so how ya doing? enough pressure in here for ya? ugh. my sinuses are killing me. yeah...just wait 'til we hit ten thousand feet. i'm gonna take mucinex sinus-max. too late, we're about to take off. these dissolve fast. they're new liquid gels. and you're coming with me... wait, what?! you realize i have gold status? do i still get the miles? new mucinex sinus-max liquid gels. dissolves fast to unleash max strength medicine. start the relief. ditch the misery. let's end this. if yand you're talking toevere rheumyour rheumatologiste me, about a biologic... this is humira.
9:11 am
this is humira helping to relieve my pain and protect my joints from further damage. this is humira giving me new perspective. doctors have been prescribing humira for ten years. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work "you don't want to live with mom and dad forever, do you?" "boo!" (laughs)
9:12 am
"i'm making smoothies!" "well...i'm not changing." "so, how can i check my credit score?" "credit karma. don't worry, it's free." "hmmmm." "credit karma. give yourself some credit."
9:13 am
digestive core.r so choose ultimate flora by renewlife. it has 30 billion probiotic cultures. feel lighter and more energized. ultimate flora. more power to your gut. in about 15 minutes from now, the man who bought the guns used in the san bernardino attack is scheduled to walk into the riverside, california, courtroom for an arraignment. enrique marquez was a friend of the attacker syed rizwan farook
9:14 am
who is dead. but this man is accused of supplying the rifles that farook and his wife use ed d in the de attack of 14 last month, and he is also accused of entering into a fake marriage of a member of farook's family, and also plotting attack, attacks that never happened at a college and busy commuter freeway. and along with that development comes something from the fbi, and it is a request of you. they are asking the public to help you on a time line on that december 2nd day. we put in a graphic for you, but there is a big piece of the puzzle missing for you, and it is in red. it is 18 minutes long. it is from 12:59 p.m. to 11:17 p.m., an they don't snow where farook and his lovely wife were, and what they were doing or meeting with somebody, or let's
9:15 am
say getting rid of the computer hardware somewhere, and that swr evan perez comes in, and also joining us is fbi analyst jonathan gilliam. and give us one line on what he is doing in court for the arraignment, and walk us through the time line and why we are just now finding out about it? >> well, ashleigh, this is where he is learning the charge, and he has known about it, but he is publicly going to be read the charge, and we will see if he makes a public statement whatsoever, and we know that he says that e shsorry for helping farook to get the guns, but he says that he had nothing to do with the massacre. as far as what the fbi is asking the public for, this is a very key part of the investigation simply because the fbi wants to make sure that they know everything. everybody that happened after the two committed the massacre, and we have a map that shows the l-shaped box of this area based on the cell phone tracking, and
9:16 am
they know that they were inside of this area, and what they don't know is exactly what they were doing, and they have been able to look at the surveillance cameras, and the traffic cameras, and as i mentioned, the cell phone tracking to see where they were, and they don't know exa exactly where they were during this exact period and this is something that very much that they mentioned that they want to know whether there is anybody who was met, and anybody else who was in on this plan, and that is something that the fbi wants to know that they know about. >> and evan, standby, and jonathan gilliam, you have a lot of hats, fbi and police and navy s.e.a.l. but we have been in enough courtrooms to know that we rarely lose someone of surveillance cameras on every corner and business and you rarely lose someone for that long. i find it perplexing. >> it is perplexing, because you nknow that somewhere a along th route, there is most likely where they lost them, and where they found them, there is going to be some type of the video footage giving the officers and the investigators a location as to where they were at this time.
9:17 am
the fact that it kind of disappear for that period of time is alarming, because it sets up the scenarios for the possibility of safe houses for support. did they have an initial intended target that they wanted to go to and this was a target of opportunity, and these are the questions that come up that when you cannot fill that void, you have to ask, where were they? where were they and for what reason did they disappear off of the radar at that time. >> as a police officer who has spent a lot of time in the fi d field, and when you turn to the public, and you can look at john walsh for a great example, you look at this and put it on tv, and somebody's memory gets jarred and you say, now i have not been thinking of it, but maybe she was not wearing the hajab or he may not have been dressed, but would this start the ball rolling towards something else?
9:18 am
>> well, very well could, and what the american citizens can offer, and they don't realize it until the memory is sparked, and there are so many cameras out there, and so many people, and we have two eyes to see. i think that if people just go back to think about these things, they can be such a tremendous help to law enforcement, and i do believe that something can come of this, and they were somewhere, and they were most likely to have been seen by somebody, but they have to kind of get these individuals whoever may have seen them to realize that is what they were looking at. >> jonathan gilliam, if you are watching 800-call-fbi, and it is critical even if you think it is tiny, but as a police officer, no piece of information is too small. evan perez and jonathan gilliam, we dop a appreciate it. >> and coming up, the rebirth of the birther controversy, and this time, it is for the 2016 election and donald trump is reminding people that ted cruz
9:19 am
was not born in this country, but born in canada. wait a minute. we have a constitution that says that cannot happen. and what does cruz say about, that and what does fonzie from happy days have to do with this? i know it is weird, but that answer is coming. man (sternly): where do you think you're going?
9:20 am
mr. mucus: to work, with you. it's taco tuesday. man: you're not coming. i took mucinex to help get rid of my mucusy congestion. i'm good all day. [announcer:] mucinex keeps working. not 4, not 6, but 12 hours. let's end this you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all. sign up to immediately lower your deductible by $100. and keep lowering it $100 annually, until it's gone. then continue to earn that $100 every year. there's no limit to how much you can earn and this savings applies to every vehicle on your policy. call to learn more. switch to liberty mutual
9:21 am
and you could save up to $509. call liberty mutual for a free quote today at see car insurance in a whole new light. liberty mutual insurance.
9:22 am
years before he entered the race to succeed president obama, donald trump made a stink about the president's natural born citizenship or the alleged lack
9:23 am
thereof as he put it. i was a complete and utter waste of trump's breath, and bandwidth, but it is back. and now, the target is not obama, but the gop rival of his with the best chance of beat in nim the iowa caucuses which by the way check your calendar only 26 days away. texas senator ted cruz has a bull's eye on him. and in an interview with the washington post, and donald trump says the fact that cruz was born in canada could put republicans in a quote very precarious situation should cruz become the nominee. and he goes on the quote that the republicans are going to have to ask themselves the question, do we want to have a candidate who can be tied up in court for two years? that is going to be a big problem, end quote. by way of response, cruz had a good one. he tweeted a clip from the shark jumping episode of "happy days" and speaking to reporters in
9:24 am
iowa just moments ago he pointed out that history is on his side. >> people will continue to make political noise about it, but as a legal matter, it is straight forward and i would note that it has occurred many times in history. john mccain was born in panama, and he was a natural born citizen, because his parents were it citizens. and mitt romney was born in another country, and barry goldwater was born in another country, but his parents were natural born citizen, and so it is straight forward. >> straight forward -- well, paul callan, and straight forward may be clear and concise for ted cruz he says there is
9:25 am
history, because neither mccain or goldwater or promny, the three men that he cited became president of the united states in order to e effectuate a test, and walk me why that could be an issue. >> and we should separate out the birther stuff that trump raised against the president. because the president was born in hawaii and that had the to prove whether he could prove that he was born in the united states. and cruz concedes that he was born in canada, but he is the son of an american citizen, and traditionally, we have said that a person born to an american citizen is an american citizen, however, the constitution does not clearly say that. it says a natural-born citizen can become president of the united states, and it does not define what that mean, and in all of the cases that constitutional scholar ted cruz has cited don't refer to the presidency as you have just mentioned. those are lower court case, and of those, he was referring to the candidates who never became president, but this has never been decided by the supreme court, and constitutional
9:26 am
scholars think that in the end, the court would go the way of the lower courts in which case the son or daughter of an american citizen is an american citizen, but we don't know until the supreme court rules. >> and i would mid-ly and typically say that donald trump should not go up against two constitutional scholars and lawyers, obama and cruz, and he does have a point in the fact that it has not been tested. but i want to read you something from the "harvard review" saying that someone born to the u.s. citizen, is a u.s. citizen whether it takes place in canada, the canal zone outside of the united states. and so can that be litigated and when you look at the nine supreme court justice, are they going to be shaking their head and say, really? we won't hear this case. >> and you are on to something, a political question that a lot of times the supreme court says, you know what, we won't have anything to do with this, because it is really, it could destroy the country.
9:27 am
and say he gets elected and about to be sworn in as president, and the supreme court is going to be throwing him out of the presidency? i don't believe they will touch it. all of this is going to be dominating the news cycle for a few day, and mr. trump will move on to the next issue. >> and i remember the last time it was a noncitizen of arnold schwarzenegger, and there was a call for it on that. >> and now, we will find out more when donald trump sits down with my colleague wolf blitzer right here on cnn only, and make sure you stay tuned. >> more fallout from president obama's gun action, and today, paul ryan dismissed a new order that expands a scope of who is considered a gun dealer. and thus obligated to get a firearm license and run background checks on buyers. >> if you are buying and selling guns, you is to have the ffl, and whether you do so at a gun show or elsewhere.
9:28 am
there isn't a loophole. this is a distraction. the president clearly does not respect the second amendment rights for law abiding americans. i think it would be nice if he would focus on defeating isis, and calling it radical terrorism what it is, and we will look at all of the options, but it is nothing more than what it is, a distraction. >> and now, tomorrow night, president obama is going to be joining my colleague anderson cooper and a live audience for a significant town hall on guns. it is 8:00 eastern time right here on cnn and set your dvr, and better yet, watch it live. don't miss this one. the very first police officer to go on trial in baltimore for the death of freddie gray says he does not
9:29 am
want to testify, because they are worried that his words could be used against him for his next trial which is set for june. his first trial ended in hung jury. the officer number two trial is set to begin, and he is the guy who drove the van in which gray suffered the spinal injuries. and some immunity for porter are being discuss and argued today. stay tuned. camille cosby is not going into deposition today in that defamation suit against her husband bill. a magistrate has granted mrs. bill cosby a reprieve and one that she really wanted. it is a reprieve of sorts, because while she appeals the order and requiring her to be questioned under oath by opposing lawyers, it is not sure that it is not temporary, and the plaintiffs are among 50 women who accused bill cosby of molesting them. and in rhode island, more than two dozen students at a
9:30 am
prestigious school are saying that they were abused by school employees, and that it went on for years, and the school did nothing for it. one former student who sued the st. georges school before says she was raped repeatedly, and the original suit was dropped however. then a gag the order kept her from saying anything about it. >> i have been gagged for the last 25 years, and i wanted to say how damaging those gag orders are. they seal in the trauma, when you are raped. your voice is stolen and your soul is taken away, and all that a gag order does is to preserve the institution's defense and makes it that much harder to reach out and get help. >> lawyers are calling for an independent investigation into the alleged abuse, and the cover-up as well. coming up next, even if you
9:31 am
have not seen it. your friends are probably talking about it. it is the netflix series "making a murderer" and when we come back, a fantastic opportunity to talk to someone at the scenter f it all, the lawyer who defended the accused killer steven avery and a lot of questions for him. where does this story go next? janet? cough if you can hear me. don't even think about it. i took mucinex dm for my phlegmy cough. yeah...but what about mike? it works on his cough too. cough! it works on his cough too. mucinex dm relieves wet and dry coughs for 12 hours. let's end this. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses,
9:32 am
i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it helps pick up some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and virtually no referrals needed. so don't wait. call now and request this free decision guide to help you better understand medicare...
9:33 am
and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel - and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now - and down the road. i have a lifetime of experience. so i know how important that is.
9:34 am
it is the true crime saga of a man who some suggest was wrongfully convicted not once but twice, and now the people cannot stop talking about the netflix series "making a murderer." the show follows steven avery
9:35 am
who spent 18 years in prison for rape before being exonerated comple completely by dna. and then after the release, avery faces trouble with the law again. take a look. >> stevie did do to a lot of stupid things, but he always owned up to everything that he did wrong. >> i had a good life until all of the trouble started. >> he was everything that steven wasn't, and so think of them side by side. >> no real investigation done by the sheriff's department. >> the d.a. told him not the screw it up and he wanted him convicted of the crime. >> there is not one iota in this case that connects steven avery to it. and the sheriff was told by the police, you have the wrong guy. >> steven avery spent 18 years in prison for something that he didn't do. >> 18 years. >> 18 years. >> dna had come through indicate ing that he had not committed
9:36 am
the crime. >> and law enforcement officers real iz realized that they had screwed up big time. >> we were getting ready to bring the lawsuit for $36 million and into the sheriff and the the d.a. would be on the hook for the damages. >> they are not handing that kind of money over to steve avery, and i did tell them to be careful, because they are not close to being finished with you yet. >> do we have a body yet? >> i don't believe so. >> but we have steven avery in custody though? the disappearance of teresa holbock's vehicle has been found. >> if convicted, he will be spending the rest of his life in prison. >> we found a key, and that key had his dna on it. >> this is very strange. >> what is going on here? >> the truth will haunt you, and
9:37 am
this story is going to haunt you as well. a series that was a ten-year odyssey for two young filmmakers as they followed his story, and the show has sparked massive viewer interest in here, and lead leading to petitions of more than 300,000 people for presidential pardon and gubernatorial pardon as well in pennsylvania. and the filmmakers were on "today" to talk about it. >> and you made a case about it, but we had no idea that so many people would be watching and engaged and want to be involved. >> as moira said, we wanted to have a dialogue and have people engage in it. so certainly, we are surprised by the action that people have taken and how quick the response has come. >> i was one of those people drawn into the story, and all i wanted to do through ow the entire piece was to talk to his attorneys who are remarkable. i am so fortunate to be joined
9:38 am
by one of them, dean strand. and dean, thank you so much for joining me. oh, boy, i have 17 hours of questions for you, but i will start with some of the most significant developments since the series really started getting the traction, and that is that a juror has come out on the "today" show via the filmmaker saying that this juror was not comfortable, and did not think that steven avery was guilty, and felt coerced into i it, and they were trading votes in the jury room, and they feared for their safety if they exonerated him saying that they were worried about what the police might do. does any of that have any bearing under wisconsin code in terms of reopening this case? >> well, i'm aware of the information. i don't think that i want to comment on it now in the context of this case. i can say generally, ashleigh, that courts are very reluctant
9:39 am
to get involved in what happens inside of a jury room. anything inside, you know, behind that door is almost off limits for later inquiry by courts. now, if something external makes its way into the jury room, that is a different, that is a different matter altogether with the courts, but it is very difficult to set aside a verdict later on the basis of something that was internal to the jury deliberations, even if those are very heated, and even if they involve compromises that we might like to think that are not made. >> yeah. i hear you, and it happens a lot. in fact, there are cases where the chairs have been thrown, and yet those verdicts, they stand. let's move on to the pardon possibilities, because there is a lot of information out there that people need to understand
9:40 am
may not work in the favor that they hope, and that is that the president of the united states cannot pardon a state convict. so this is as i understand it, and you are the lawyer, and not me, would fall directly to the governor of wisconsin, and his ability to pardon in that state scott walker. he has indicated that he will not do so, but he has the ability to do so, doesn't he? and if the state will turns that way, do you see it in wisconsin as a possibility that scott walker might change his mind? >> i don't know. i certain willy would not speak for the governor or anybody but myself. i will say that governor walker has been very clear since the very earliest days of his first term that he did not intend to use his executive clemency powers at all. he commented again last night specifically about this case. but that fits into the broader
9:41 am
pattern of a stated unwillingness to exercise the powers that historically have belong ed belonged to the executive to correct mistakes in the courts or simply to exercise a degree of sovereign mercy. and that power is the executive's, and the executive's not to use. >> and i want to ask about the client daphne that is important to the criminal case. and it is disturbing for us who work within the contours of american jurisprudence everyday to see an attorney make a statement like we saw in the documentary about a client, here to fore, he had not met, spoken to or assessed, and yet he made the following statement live on television and i want to read it for the audience. we have a 16-year-old while morally and legally responsible,
9:42 am
was heavily influenced by someone who can only be described as something close to evil incarnate. that is is len kachinsky who is the attorney appointed to brendan dass eshey, and dean, t is the opening for ineffective assistance of council -- counsel, and the appellant attorney attorneys are trying to go to the feds to launch a habeas corpus to say that the constitutional rights to a fair trial is violated. so if we have a constitutional right to a attorney and a good and loyal attorney, and there is a difference. >> well, while we have the right to the latter. i can't help you to understand that. because that statement stands and falls on its own weight, but the right to a lawyer is more than a right to the companion to
9:43 am
the prison gate, but it is a right to have somebody who will be loyal to you, and work on your behalf, and do so effectivel effectively. >> but that is it. you think they have a federal case here to suggest that this kid didn't have what the constitution guaranteed him in len kachinski and the trial verdict may be thrown out, and in addition is that going to have anything to do with your client? >> well, that case against brendan dassey is pend iing, ani don't know what will happen there, and what you are asking is one of the issues that the now lawyers have now raised and briefed. whatever the outcome for brendan in federal, district court or on
9:44 am
appeal if the losing side does appeal, it won't have a direct impact on steven ai ri's ca-- steven avery's case. he has been through the ordinary challenges that one can bring to the conviction, a sn so his realistic hopes lie in the category of newly discovered evidence. >> while we are talking about the evidence, i did not have the luxury of sitting over all of the litigation in the past decade, but i have seen most of the documentary and read everything i can about it, and there are those who complain that the documentary did omit several evidentiary issues. i want to throw up a graphic on the screen to point out some of the information that did not make the documentary that your client's dna was found on the latch under the hood of the victim's car, and the bullet with her dna on it was in the garage. i believe that was in the documentary, and i'm not sure
9:45 am
why that is a complaint, and that mr. avery called the victim's cell phone three times using that blocking feature. these are issues that are important, because if you are looking for justice, the picture has to be complete. and do you think that the issues absent in this documentary have made a slanted documentary as the current sheriff clearly says it is true, it is a slanted documentary. >> i don't think that it is a fair charge against the filmmakers who in steven avery's trial alone had something like between 200 and 250 hours of evidence to sift through. they gave that trial a relatively lavish three or four hours or whatever it was for the film, and another hour for the dassey trial. no one would watch 240-hour film of a trial. so necessarily, the most significant points, evidence, and argument that the the state
9:46 am
had should have been included and were, and the most significant points, evidence, and argument of the defense should have been included, and were. less significant points, necessarily, they had to be omitted. the point that you raise, there was dna from steven avery on the hood of teresa's car, and that could have been transferred from his skin, and it also could have been transferred from any other surface that had his dna, a toothbrush for example. or as, and there is testimony the on this from the glove of a division and criminal investigation investigator who didn't change gloves after handling the inside of the car which included steven avery's blood and then touched the hood to pop the hood of the car. so, any surface with his dna could have transferred it to the hood. it takes explaining and certainly less significant in the end than blood
9:47 am
>> i have seen many cases where the transfer evidence is a big issue, and shoddy lab work, and transfers within the dna labs have happened accidentally, aed it is part of the documentary as well. i want to ask you about the very last line of the documentary, and it is steven avery's words, the truth will come out sooner or later. i don't know, dean, if you have had a chance to keep in contact with him on the semi regular basis, but do you have any idea if steven avery still has hope? >> jerry butting and i have both been in contact with him since he was sentenced on and off, and we have seen him as recently as last month in prison. he is stoic, but the steven avery that you see in the film is the steven avery that i have come to know, and jerry has come to know, and he is stoic, but he has hope, and that hope waxes and wanes depending on the day in which you catch steven avery.
9:48 am
>> may i be so bold as to say you are one of the finest attorneys to litigate, and from episode one, i could not believe the work that you and jerry did, a you should be commended for that, and it is excellent work, and what america is based on, and i thank you for, that and your time today, dean. thank you. >> thank you for the compliment. steven avery by the way was wrongly imprisoned for 18 year, and sent to prison even after he was let out for this murder. did the courts get it right the second time around? or was there planting of evidence? we want to dig a lot deeper into that right after this. jake olson does not look at football like his teammate, and in fact, he can't see the game at all. the long snapper for the university of southern california is blind. >> when i was 8 months old i was
9:49 am
diagnosed with a rare eye cancer ret tin know blastoma. and it had taken over my right knee, and the fear is that it is spreading from the opticer in tov the brain. >> so the doctors removed that eye, and he endured chemotherapy and laser surgery to preserve the eye. >> and then the doctor said that we have exhausted all of the treatment options. >> jake was 12 when he found out that he would lose his other eye. >> and former usc head coach pete carroll heard his story and knew he was a lifelong fan and invited him to meet the team. >> that team was there for me in the darkest hours, and something i will always be grateful for. >> reporter: and despite losing the eyesight, he played football in high school. >> a lot of it is just feel. >> and last year he brought the talent to u sshsc as a walk-on player for the beloved team. >> i went in to play foot bball
9:50 am
with the mentality that i have nothing to lose. life is unfair, and it taught me to keep fighting. >> dr. sanjay gupta, cnn, reporting. let's celebrate these moments... this woman... this cancer patient... christine... living her life... loving her family. moments made possible in part by the breakthrough science of advanced genomic testing. after christine exhausted the standard treatment options for her disease, doctors working with the center for advanced individual medicine at cancer treatment centers of america suggested advanced genomic testing. the test results revealed a finding that led to the use of a targeted therapy that was not considered for christine before. now, they're helping fight her cancer on another, deeper level... the genetic level. this is precision cancer treatment, an approach to care that may help patients like christine enjoy the things that matter most in
9:51 am
their lives while undergoing treatment. the evolution of cancer care is here. that's definitely something worth celebrating. learn more about precision cancer treatment at cancercenter.com. appointments are available now. every insurance policy has a number. but not every insurance company understands the life behind it. for those who've served and the families who've supported them, we offer our best service in return. ♪ usaa. we know what it means to serve. get an insurance quote and see why 92% of our members plan to stay for life. ♪ heto unlock the freshnessers uyou can see and taste. ♪
9:52 am
9:53 am
we are continuing to discussion on the case of steven avery and the subject of the netflix series making a murder, and avery was exonerated after being wrongfully imprisoned for 18 years. and some time after his release, he was then accused of murdering a young photographer. avery maintains that he was framed by the sheriff's department associated with the first arrest, and he was suing them, and he made that claim to hln's nancy grace in 2005.
9:54 am
>> mr. avery, do you feel like you are being framed in any way? >> yes. >> why? >> because every time i turn around the county is always doing something to me. >> and in this case, do you think that you are being framed? >> yes, i am being setup because of the lawsuit, and everything else. >> because of to previous incarceration, you are suing? >> yes. they set me up then, and then -- >> do you think that it has anything to do with the fact that her car was found at your auto shop? >> no, it is because of my name, and what i wept through from them. >> what he went through from them landed them a big suit, and these two know a lot about the case, cnn legal analyst paul callan and laura coates who is the u.s. attorney for the district of columbia. and laura, let me start with you, because quickly, we have talked with steven avery's, one of his attorneys, and about the possibility of the new case being launch eded a federal casn the case of brendan, the nephew. brendan's case is integral to
9:55 am
steven's case. they were co-conspirators and they allegedly now are convicted of carrying this murder out together. and but, a federal habeas corpus case based on the statements made by his attorney very leading statements suggesting that this kid was guilty before he met with them, and what are the chances that it will get traction? >> and the statements he made are very, very incriminating and very, very bad for brandon, but however, the court is going to be looking at the overall trial, and not an isolated statement, and look at the breadth, and see this person has fair counsel and loyal to the person, and somebody trying to advocate on e behalf of brandon. in looking at the whole case, i think that maybe there is evidence that he was trying to be an effective counsel for this young man, but you have to get over the hurdle of the confession. that confession is very, very damning, and you have to address that point, and whether or not the lawyer did a good enough job
9:56 am
of slicing an dicing of why that is a bad and forced coercion. >> and he never spoken to the client before he said, clearly he is responsible for the crime. >> and a paul, if either of the cases ends up back in the courtroom or successful for the motion for tossing out the ver dingts and retrial, ostensibly, there is a brand-new prosecutor, because the old one had to the step down after dirty sexting and texting and filthy stuff and disgraced and the new prosecutor new mindset among the electorate that elects pros ecutors, would it make a difference? >> i don't know, because bear in mind that avery had a favorable sort of mindset from his jurors going in, because they had rever reversed the other conviction the previous one, and everybody knew that the sheriff's office framed h him in that. so, now, he is going to be saying, i got framed twice, and in a lot of respects that is a harder defense to sell. and so this case is so interesting, i fully understand
9:57 am
why people are obsessed with it. >> an obsession is absolutely the right word. laura, thank you, and paul thank you, and call me when you get to the last episode. >> i will. >> and thank you for watching, everyone. my colleague, wolf blitzer starts right now. havi this one is max strength and fights mucus. mucinex fast max. the only cold and flu liquid gel that's max-strength and fights mucus. let's end this.
9:58 am
9:59 am
10:00 am
-- captions by vitac -- www.vitac.com i'm wolf blitz er and it is 12:00 p.m. noon at cedar rapids, iowa, and 1:00 p.m. in pyongyang, and welcome to wherever you are joining us. >> this is cnn breaking news. we begin with north korea ratcheting up the tensions around the world right now by claiming it has successfully tested a hydrogen bomb

16 Views

info Stream Only

Uploaded by TV Archive on