tv Legal View With Ashleigh Banfield CNN January 7, 2016 9:00am-10:01am PST
>> announcer: this is cnn break news. >> hello, everyone. i'm ashleigh banfield. welcome to "legal view." in paris where the specter of terrorism is never far away, least all on the one-year anniversary of the charlie hebdo attack. today, anxiety is mixed with some sense of relief that police were able to foil a brand-new attack by a man who was armed with a meat cleaver and what turned out to be fake
explosives. at the very hour when the gunman burst into the magazine offices one year ago today, the lone attacker this morning was shot dead, outside of a police precinct in the northern part of the city. the paris prosecutor says the man had a piece of paper with an isis flag on it and a claim of responsibility. you can see his weapon circled in red just a short distance from his dead body. cnn's jim bittermann joins me with much more. it is no surprise perhaps to paris residents there was some kind of attack today, being such a significant anniversary. how are people handling this latest incident in their city? >> i think people are a lot on edge. they were on edge before so this has just increased the nervousness here. basically, this attack came almost to the minute, to the one year after the attack at charlie hebdo.
and police were worried about this kind of thing happening. this does not seem to be a very particularly well-organized attack. like you said, the vest that he had on, the bomb vest he had on, apparently was fake. he came with a meat cleaver. he had a hand-drawn flag. it was found in his pants. he had a cell phone that was on him. the police are going through that right now, trying to find out if there's any information, if they can find out who he called. no identity papers so they don't know who he is. he did have that claim of responsibility in which he mentions that he is loyal to al baghdadi, who is the head of isis, so for all intents and purposes, it is a terrorist attack. it's just a question of exactly how organized this individual was and thankfully the police were able to stop him. they fired at him and apparently hit him twice and that brought
him down. >> it's just after 6:00 at night where you are now. i can only assume people have been able to digest a lot of the news that happened today. that many of them are heading home from work. i don't know what the plan was for the city to commemorate what happened one year ago today at the charlie hebdo offices but i did want to ask you about the magazine itself. i know that they are not shying away from being bold about what happened there. their cover showing that as well. just walk me through what they did. >> well, in fact, they put out 1 million copies for an anniversary edition. the cover says the assassin is still out there. depicts someone who's supposed to represent god. i asked the editor yesterday if that, in fact, was meant to be muhammad, because that's what got the magazine in trouble. he said it's not muhammad, it's some greater god than muhammad, something that might also get him in trouble. in any case, they're still out there, they're still pushing the envelope as far as religion is
concerned. they're very much against all forms of religion for the kinds of things that come out of it. and the vatican, in fact, has condemned that cover that came out yesterday. so they're out there just like they were. in fact, in some ways, financially, particularly, they're in better shape than they were a year ago. because right after the attacks, their circulation jumped by six times what it was. and they got millions of euros in donation from well wishers around the world. so they're actually financially better off than they were a year ago. >> jim bittermann, live for us in paris, thank you. we have other breaking news we want to bring you. this also happening overseas today. someone drove a truck bomb into a police training center in libya and it went off. [ sirens ] the net result, at least 50 people were killed. all of this happening when hundreds of police officers and trainees were gathered for a morning assembly there. it is not clear who did this,
which group did it, it whose responsible for the bombing. several extremist groups including an arm of isis are, in fact, active in libya, and have, in the past, carried out violent attacks there. we'll update you as soon as we know more about who's responsible. some urgent financial news to bring you back here in the united states. it's the day the markets wish they could start all over again. those are the kinds of numbers, folks, after the opening bell, that you panic about. many do, many don't. but the bell was still echoing after the dow sank like a rock. right now it says 206 but it was down close to 400 points. almost 300 immediately. rest of the day has been sort of playing ago catch-up game. analysts are blaming china, they're blaming cheap oil. christine romans has a few more ideas. she joins me live from new york. so listen, there's been all these hiccups going on in china. they've put those governors on
trading there. they're trying hard to control what happens there. what's the lesson for china in all this that affects us? >> oh, the lesson for china is trying to control your trading really only means a line of people who want to sell stocks. and they're learning that lesson, ashleigh, we're learning now that chinese regulators are not going to stop trading in stocks fall tomorrow in china. and that actually is something that might be why stocks here are off their worst levels of the day. you can see big losses here. 209 points for the dow. the s&p, this is most likely what your stocks in your 401k are reflected in these 500 stock, down below the 2,000 mark, and the nasdaq lower. this is because of china. this is because of what happened in world markets. shanghai woke up, started trading, fell 7%, and then they stopped trading. then that fear and that anxiety spread around the world. asian stocks fell. u.s. market opened big and badly down. so now when you look at the damage report for the week, ashleigh, you had the dow down 518 points before today. today's thursday.
it's losing another 200 points here. that's 700 points in just four days. it's one of the worst starts to the trading year we've had in years. in years. and it's all because of concerns about slowing growth in china, ashleigh, and what that's going to mean for the rest of the world. >> so that's china, but then there's america and how america's coming out of its seven-year long dip. tomorrow's another big indicator of how we're doing. so walk me through what's going to happen tomorrow. >> i think that's a really great point to look ahead here. because we know there's a jobs report tomorrow. it could be a jobs report that shows strong growth and maybe even wage growth. that's what we're really looking for. we know that auto sales were a record likely last year. and are forecast to be a record again this year. you don't buy a car unless you feel good about the money in your bank account and the money in your paycheck. americans are buying cars like crazy. so there are domestic indicators that show the u.s. economy is still okay here. maybe profits won't -- profit growth will have to slow for big companies because of oil prices,
what's happening in the oil patch. because of a strong dollar that could help their exports. overall, if you start to have people look back internally at the u.s. it doesn't look as gloomy as the rest of the world. >> we're sitting pretty now, about 200 down. as we all know, things can go south or north, depending on those people who like to buy discounted stocks. christine romans, thank you for that. coming up next, she was forced to leave a hospital in handcuffs. she was escorted outside by the police and that is where she collapsed, right in front of their police car. the dash cam was rolling the whole time. the problem is here, folks, that woman, seen in better times, died. not long afterwards. how do you die in a hospital parking lot after you've been told to leave a hospital? that story is next. 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.
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feel lighter and more energized. ultimate flora. more power to your gut. breaking news that we just learned. the united states army is going to conduct a military legal hearing on the morning of january 12th at ft. bragg and this is for sashlgant beau bergdahl and his case. you will remember properly that he was arraigned last month on charges of desertion and disbehavior. he didn't indicate a preference as to whether he wanted to be heard by a jury or the judge on the bench alone. bergdahl, you will recall, was captured by the taliban in '09 after he left his base in afghanistan and he was a p.o.w. for five years. the family of a florida woman is calling for justice today. after a police dash cam shows that she was forcibly removed by an officer from a hospital where
she had gone only to collapse in the parking lot of that hospital. actually in full view of the dash cam. the medical examiner's office says that barbara dawson died shortly afterwards from a blood clot in her lungs. dawson went to that hospital and complained of abdominal pain. but medical staff examined her and discharged her. when she refused to leave, the hospital called the police. the police handcuffed her and that's when she started to scream. take a listen to the dash cam video. >> please, you have had every opportunity. >> no, please. >> it's too late. >> no, please. >> please put your hands. >> please don't -- >> please put your hands behind your back for me, okay? >> no, please. >> this officer -- >> please. don't hurt me. >> i'm not trying to. you're hurting yourself. put your hands behind your back. >> i can't breathe.
oh, my god. >> disturbing to say the least at first blush. alina muchado of cnn is going to pick this up. i want to ask about miss dawson's history. it was not the first time she'd been at that hospital. she'd had certain instances there before. walk me through the context of this video. >> yes, that's right, ashleigh. it's not the first time barbara dawson had been at that hospital. it's worth noting she collapsed a short time after saying she could not believe and she never regained consciousness. this happened on december 21st at calhoun liberty hospital in the florida panhandle. her family has retained a civil rights attorney who released that video to the media. what you just heard is what happened inside the hospital. according to the police report obtained by cnn affiliate wtlx, when dawson and the officer got to the patrol car, dawson
collapsed. the officer's heard saying he thinks dawson fell to the ground as a way to stop from being taken to jail. but within a few minutes, hospital staff came outside and here's what happens next. >> check her real quick. >> yes. >> come on now. ain't nothing wrong with you. she's not -- >> -- the staff the whole time she's here -- >> she's fine. >> miss dawson, we need you to get up, okay? >> miss dawson, get up. there's nothing wrong with you. and i know you can hear us. >> now, dawson was eventually taken back inside the hospital where she later died of a blood clot in her lungs. the hospital says pulmonary embolisms are very difficult to
detect and can be impossible to treat. dawson's family intends to file a lawsuit against both the hospital and the police department. we don't know yet when that will happen. but we do know there are several agencies investigating, including the florida department of law enforcement. calhoun liberty hospital says they received a copy of the dash cam video from the media. they are reviewing it. they also say they welcome the investigation from authorities. the latest statement released by the hospital says, in part, to the fullest extent permitted by state and federal law, we will continue to be transparent and forthcoming with our community and the public. it's also worth noting, ashleigh, we've reached out to police, but we have not heard back yet. >> alina, thank you for that reporting live for us. i want to discuss this case further with people who really matter when it comes right down to next steps in this story. our legal analysts dan yny
cevallos and joey jackson joins me now. there are different contextual issues that play in for all parties involved. miss dawson had been at that hospital several times before and had had incidents at that hospital before and had been kicked out of the hospital before. does that mitigate any of the behaviors of the police or of the hospital? danny, i'll start with you. >> generally, under the emtla, it's the federal anti-dumping law. hospitals with an emergency room must perform appropriate screening. the problem is, is that this requirement often comes head to head with the concept of employee safety when you have an unruly patient. but it's important to note as a general rule what emergency departments call frequent flyers, people who come to the emergency room often, they're entitled to the same screening as any one of us off the street who almost never go to the hospital. hospital under federal law must do the screening.
if, it's a big if, if they detect some emergency, they must stabilize the patient. they can't transfer them. that federal law was designed to address not a standard of negligence but instead turning away patients based on their ability to pay. it's not some federal medical malpractice standard. so the critical issue here is whether or not the hospital performed an appropriate screening procedure. and it's true that in many cases, if someone is a contentious agitated patient, that may mask a more serious illness. so it's important to perform the msc, the medical exam, and determine whether or not there's an emergency condition. >> joey, what about what we just heard? when alina was reporting, she played that sound of the hospital staffer and the police officer speaking with miss dawson. and i just want to quote what the hospital staffer said. ain't nothing wrong with you. she's got a good pulse. she's fine. and she was dead shortly afterwards. so joey, it's just troubling to
me. is it -- i mean, look, anything's possible in medicine. but is that going to be the linchpin to any kind of case that might be filed against the hospital or the police, assessing her as just fine right before she died? >> i certainly think so, ashleigh, good afternoon. let me invite you into a courtroom for just a minute and let's talk about the issue of negligence. do you have a duty to that patient? and does that duty mean you have an absolute obligation to ensure if someone's in your emergency room complaining to you that they're ill, that you will assist them as opposed to calling the police to tell them to get out. now, after you get through that duty, do you breach that duty by not adequately and appropriately seeing what kind of condition they may have so that you can treat that condition. and then let's move to the issue of causation. she's dead hours later that she was in your care in the emergency room. so what diagnosis did you perform? if she came at a prior time, do you just feel that she was the frequent flyer that danny was
addressing, or did you have an independent obligation to assess her condition then, as you did on all other times, and as a result of your failure to assess, she ends up, you know, dead? not alive. gone. look at what it does to her family. look at what it's going to do to a jury. i think certainly if you come into a hospital and the end result of you coming to the hospital is the police being called upon you, you collapsing and the very thing that you're complaining about happens to be the cause of your demise, that hospital has significant liability. the facts need to be determined. all of them. but on its face of it, it's very troubling. >> i want you both, if you can, to weigh in on the -- i can only say sort of extraordinarily competing statements that have been released by the police department and released by the hospital. i'm not going to go in and read the entire statements on either of these parties. but if you do read them, there is a strong tone when you read the police statement that this is the responsibility of the medical professionals. when you read the hospital statement, they are sad and they are sorry and they say they're
going to investigate thoroughly. does it make any difference what your statement is or is that something that any defense attorney who wants to launch a civil action against either of these parties is going to seize upon right now and run with? t danny, i'll start with you. >> any statement released has probably been combed over by legal councsel so you're not going to find material in there to attack the party that releases it. they've got video evidence. they've got audio evidence. they're going to have medical records. they're going to have call-out logs from the police department. there's going to be a wealth of docume documentary evidence. after the statements issued, probably by legal counsel, isn't going to have as high a value as the records that were generated right around the time thereof. >> joey, i mean, look, can you sort of assess from the very limited scope of evidence we can see in front of us right now, if there is one party that is more
liable and responsible for the death of this woman? >> you know, ashleigh, in evaluating it, obviously, everything has to play out, but police do what they do. you call them. you give the indication there's an unruly person. they come and they don't have any independent training to assess medical conditions. they view it as someone's unruly, we need to get rid of the problem. the hospital is in a much better position to assess what nature of care needs to be provided, to provide that care, and to ensure that the patient doesn't leave until everything is okay. so in terms of evaluating the police conduct and the hospital's conduct, while they'll both be embroiled from it, it seems to me the hospital certainly has a significant more -- significant more liability here. >> listen, this family of barbara dawson has retained legal counsel. but as to broadcast time, there has not been any action that has been filed. i'll give you guys on waivers on
this one. thank you, joey, thank you, danny, appreciate it. also tomorrow, i hope you'll tune in, because we've actually been able to speak with a close family member of barbara dawson and we're going to have not only that family member on but the family's attorney. it's very, very early in this process. they've only just seen the video of what happened to barbara. so clearly this is a very tender time. hopefully they'll have a chance to tell us a little bit more tomorrow. coming up next, you need to hear what these two men have to say. there's a pretty good chance that one of them could be your next president. donald trump and ted cruz both talking to cnn about clinton and obama and citizenship and guns and north korea and everything else they like to talk about. the nuggets are next. it's the little things in life that make me smile. spending the day with my niece. i don't use super poligrip for hold, because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable.
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donald trump now says the gop cannot allow one of his biggest rivals to win the nomination. that rival is the guy on the right, ted cruz. the issue, which cruz insists is a nonissue, is where that texas senator, ted cruz, was born. it was canada. the united states constitution says only, quote, natural born citizens of the united states can be president. and cruz is a u.s. citizen because his mother was. the natural part is the legally murky thing. and for trump, politically advantageous. here's a little bit of his sweeping interview yesterday
with wolf blitzer. >> if ted should eke it out and i hope that doesn't happen, and he's got this cloud over his head, i don't think it's going to be possible for him to do very well. i don't thing it's actually possible for the republicans to let it happen. because you'll have this cloud. what you do you go in immediately, like tomorrow, this afternoon, you go to federal court, you ask for a judgment. that you want the court to rule. and once the court rules, you have your decision. >> but that could take a long time for the court -- because i don't think the supreme court has never really ruled on what is a natural born citizen. >> i know, that's the problem. is there's doubt. people have doubt. again, this was not my suggestion. i didn't bring this up. a reporter asked me the question. >> so because this is a legal show, i'm going to point out that what trump is proposing, a quick and simple ruling in federal court, minus an actual case. that does not happen. our constitution requires a living, quote, controversy, with two opposing sides. all the paperwork, yada, yada,
yada. speaking of controversies, you may know more than half a million brits signed a petition demanding that trump be barred from ever entering the uk. the trump organization is now listening and it is warning that if that happens, it says it's going to cancel $1 billion worth of investments in its golf resorts in scotland. p.s., you can see trump's entire interview with wolf blitzer next hour right here on cnn. candidate cruz sat down with cnn's dana bash while crisscrossing iowa on a blitz and tried to put this whole canada thing behind him. dana bash joins me live now from the aptly named community of storm lake and may i just say, you look adorable, you look nothing like the lake behind you. so here's the thing, i am -- at one time was ted cruz's fellow canadian. i am now currently ted cruz's fellow american. i cannot run for president.
but ted cruz can. how is he going to make that case clear to other people? i get it. but how is he going to make that case clear to voters? >> well, he started to try, much to his dismay. he tried to make a joke about it, you know, with his tweet about jumping the shark and fonzie and "happy days." but that's not enough because trump is not letting up on it. by the way, it is not just trump now, it is his old friendly foe john mccain, his senate colleague, who had the same questions raised about him when he was in this state of iowa running for the republican nomination and ultimately for president, because he was born in panama, although it was a military state. so the answer to your question, he is going to use what he actually has at his disposal, which is a legal mind and his ability to explain the legal position that he has, especially when it comes to this issue. listen to this conversation on
his bus. speak of the constitution, you may have heard that donald trump is bringing up the fact that you were born in canada and saying that if you're the republican nominee, it could be held up in the court for two years. you're a constitutional scholar. you've argued before the supreme court. why do you think he's wrong? >> the legal issue is straight forward. the son of a u.s. citizen born abroad is a natural born citizen. >> but it's never been tested. you know full well because you've done it on other issues. >> listen, the constitution and laws of the united states are straight forward. the very first congress defined the child of a u.s. citizen born abroad as a natural born citizen. many of those members of the first conference were framers at the constitutional convention. at the end of the day, this is a nonissue but, you know, my response, as you and i were talking about just a minute ago, i tweeted a link to a video of fonzie jumping a shark. you know, i'm not going to
engage in this and the reason is simple. there are far too many serious issues facing this country. last night, north korea claims to have tested a hydrogen bomb. what the american people are looking for is who's prepared to be commander in chief. who has the seriousness, who has the judgment, who has the knowledge, who has the clarity of vision, who has the strength and resolve. >> button this up though on the issue of the passport. >> what passport? >> donald trump is suggesting, saying, that you had a canadian passport. >> it's not true. >> false? >> no, of course not. >> and you're sure, you asked your mother, you asked your dad, never had one? >> yes, i'm sure. >> now, ashleigh, he and i spoke before donald trump gave what he called free legal advice to ted cruz when he was talking to wolf blitzer yesterday, so be interesting to see how he responds to what you were talking about just a little while ago that donald trump
should give what is called a decla declaretory judgment or ask for one. i'm guessing ted cruz might have a tongue in cheek answer to legal advice from trump. >> it's like trump has a law degree and litigated. you just need to raise that little bit of doubt. you're right, there's absolutely no question effectively about his citizenship. stay warm up there. stay warm, eh. >> there you go, there's some canada in you. >> it was just for you. it's long gone now. all right, so we have been talking a lot about this netflix program. the viewers aren't the only ones who have been talking about the blockbuster series "making a murderer." now the sheriff at the department of the center of this controversy murder case is weighing in and he is no fan of this film.
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just about everyone is talking about that netflix documentary making a murderer. including the sheriff's office that was involved in the cases of steven avery. i say cases because there are more than just one. avery was exonerated after being wrongfully imprisoned for 18 years. and he sued those who put him away in fact for tens of millions of dollars. some time after that, he was accused of a murder. he was brought right back that a courtroom, round two. he maintains that he was framed by the sheriff's department that
was associated with that first legal debacle. part of the department of course being sued. this is something sheriff's office says simply is not true. in fact, that office is claiming that the creator, the creators of the series left out a lot of information. our cnn's lori seeingal went after that. >> everybody's listening, what do you say today? >> i'm innocent. >> a man convicted of a gruesome murder. the netflix documentary makes the case that in 2005, police in wisconsin may have planted evidence to ensure a guilty verdict. the filmmakers say they were just documenting the case. >> we did not have a horse in this race. it was of no consequence to us whether steven avery was found guilty or not guilty. >> reporter: but the county's current sheriff, robert herman, tells us the series doesn't paint the full picture. >> i don't believe this is a
documentary because it leaves out a lot of information. >> reporter: he points to some key pieces of evidence not mentioned. for example, details about the victim's car. >> that vehicle had dna on it from steven avery. and the dna, a major piece that was found by the county sheriff, was located under the hood, on the hood latch. and it wasn't blood dna. it wasn't blood. it was perspiration. the leg irons and shackles or handcuffs that were found at the residen residence, i think that's a key piece. >> reporter: evidence the filmmakers say was not crucial. >> there was no direct evidence of steven avery's guilt in the case. so this is circumstantial evidence. in our opinion, it was less significant evidence than the evidence we presented. >> reporter: what about all those smoking guns? >> you're aware now the first time that toyota was reported found was two days later on november 5. >> reporter: a key seen implies
one of the officers may have seen the victim's car days before it was discovered. implying a setup. >> he did not have the vehicle in front of him. he had a plate number that was given to him by the county sheriff's office. and at that point, he took the information and ran it in to make sure it came back missing. that's a common practice. >> reporter: even though he said the name of the car, certainly appeared as though he had more knowledge of it. >> from the information he received from calumet county, that's the only knowledge he had. >> reporter: then there was the victim's key that was found in avery's trailer but only after it was searched multiple times. >> he moved a bookcase and kind of handled it roughly and that's when i believe the key fell out. can, you know, things get overlooked? yes, they can. in this case, they did. it's not because it was planted there. >> reporter: as far as the outrage around the country, the sheriff stands by the investigation.
>> quite frankly, i feel we did nothing wrong. we had a lot of people involved. and my deputies played some important roles and found some key evidence and i'm not ashamed of that. >> reporter: do you believe that steven avery is innocent? >> i believe that justice was served and i believe he is guilty. >> reporter: lori segal, cnn money, new york. >> i want to bring back cnn legal analysts to discuss this case. i know neither of you has been getting a lot of sleep lately because it's ten episodes ander that's watched this reported bingeing this, they cannot look away. that said, i want to ask about the pragmatics of relief. so danny, i'm going to start with you. if it's ever provable that either a prosecutor or a cop working in the field or working in the office did anything to manipulate or plant or arrange evidence, what happens to those
people? >> as a general rule, finding new evidence after the prosecution is over and after a person is convicted is not enough alone to warrant a new trial. even prosecutorial misconduct, if it doesn't have any material effect on the outcome, that alone may not be enough to order a new trial. but as a general proposition, if you find some intentional misconduct on behalf of the police and that leads to some evidence that could have and probably did affect the outcome, the jury's deliberations, then that's the kind of after discovered evidence that may warrant a new trial. so long as it is evidence that was truly discovered after the fact and was not -- the reason it wasn't discovered isn't attributable to some negligence by the defendant or his attorney. it's a very difficult standard to meet. even in the case of possible po
t potential, prosecutorial or police misconduct. >> you just explained to me what could happen in the case of steven avery. joey, i want you to explain to me what could happen to those operators. this is not proven that anything happened, this is a theory. if something was manipulated by cops or prosecutors, what happens to them? >> here's the story. the reality is we have to have confidence in our law enforcement and in the event that we don't, you know, what it leads to bigger and greater consequences. the direct answer to your question is what you're talking about is criminal. therefore, anyone who manipulates evidence, anyone who plants evidence, we don't know that occurred, but in the event that it's found to have occurred, it's a crime it as a result of that crime, there are prosecutions. now, let's get to the practical point of a potential prosecution. you remember what happened with steven avery when he was accused
of the sexual assault. there was an investigation that was brought about by the state attorney general and it cleared everybody of any wrongdoing. the issue is going to be if you're going to get at the root of what happened here, were there people involved in law enforcement who did things that were untoward, inappropriate, whatever they did, who is going to be the entity who's going to uncover that? if you can get some outside independence source to go in and really evaluate what occurred, then i think the dominos and the chips need to fall. and those chips need to fall. look, in order for the law to work, ashleigh, it needs to be equally applied to everyone. whether you're a civilian, a law enforcement officer or anyone else. so we'll see moving forward whether or not that happens. >> five-second answer on this one. if it could ever be proven a cop or prosecutor did that, are we talking about prison for days, weeks, months, years? >> years, because what i was talking about, we have to rely upon law enforcement. when we don't, the system
collapses. so it needs to be treated with great deterrent so it doesn't happen moving forward. >> millions of eyeballs have been watching this documentary. only hope for any kind of action in either of the cases of those who are imprisoned is new evidence, there are millions of investigators who are out there looking for it right now. danny and joey, thank you. >> thank you, ashleigh. coming up next, still in the courtroom, can a judge force someone, an american, to be both a defendant and a witness in a high-profile homicide case all at the same time? because it sure looks like that might be what's happening here for the baltimore police officer. the first one to be tried in the death of freddie gray. william porter is fighting back against this. find out what's happening in this very complicated story.
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the family of sandra bland is not fully satisfied with a grand jury's decision to indict the texas state trooper who arrested bland last july. she died in police custody. police said it was suicide three days after she was arrested following just a traffic stop. prosecutors announced yesterday an indictment on a perjury charge for the trooper would actually result. and said that he would be fired. but bland's family today in chicago says not tough enough. >> where is the truth indictment? where is the indictment for the assault, the battery, the false arrest? where is that? okay. so while on the one hand i got the news, got the message about the initial perjury indictment, it appears that there should have been much more than what he
was indicted for, okay. so a class a misdemeaner for me, i can't be expected to be excited about that, because i feel that there's so much more that he should have been indicted on, that's number one. and then going to the next point, who in the heck is going to do the prosecuting? who's going to prosecute this guy? is it the same group of folks who selected the grand jury, okay? is it the same group of folks who is telling me now you cab give me a piece of the info and in some sessions you can't give me the other piece of it? i don't trust the process, okay. so you've got one person who is the same person that said that might daughter was not a model citizen and i'm supposed to trust? he can't be the one prosecuting the case. >> sandra bland's family is suggesting she never should have been arrested in the first place and she never would have killed herself. baltimore police officer william porter is going to have
to testify against two of his fellow officers who are facing charges in freddie gray's death. the prosecutors are giving him limited immunity. basically that means that they cannot use his testimony against him when his own case goes back to trial for the second time in june. but porter doesn't want that. he doesn't want to testify period. his attorneys have filed a motion in the maryland court of special appeals to stop that judge's decision. they don't have long to get that settled. because jury selection in the next officer's case, officer goodson, well, that trial gets under way on monday. caesar goodson is the one who was the driver of the fan who was carrying freddie gray and he is also the one who's facing the most serious of the charges. but stay tuned, because the action is still flying about in the court system there. so in a little more than seven hours, president obama is going to hold a town hall meeting in guns in america and
it's going to be hosted by our own anderson cooper. and here's what's interesting, it's going to be live, very significant. so what was it that brought him to tears this week right? the sandy hook shooting. and young victims like dylan hockley, just 6 years old. just ahead, dylan's mother is going to join us with her reaction to the president's executive action on gun control. ♪ while you're watching this, i'm hacking your company. grabbing your data. stealing your customers' secrets. there's an army of us. relentlessly unpicking your patchwork of security. think you'll spot us? ♪ you haven't so far. the next wave of the internet requires the next wave of security. we're ready. are you?
bigger, smugger. and you? rubbery buttons. enter the x1 voice remote. now when someone says... show me funny movies. watch discovery. record this. voila. remotes, come out from the cushions, you are back. the x1 voice remote is here. tonight at 8:00 eastern time, president obama is going to join anderson cooper for a live town hall event on guns in america. this is an issue that everyone has an opinion about but it's particularly hard and hits home for nicole hockley. her 6-year-old son dylan was murdered in the mass shooting at sandy hook elementary in newtown connecticut. this happened more than three years ago on december 14th of
2012. he was 1 of 20 first graders and six educators who were murdered that day. just days before christmas, she had to do what no parent should ever have to do and that is bury her own child. everyone, including big brother jake, wore something purple, was dylan's favorite color, and they released purple balloons for the children and white balloons for the adults. including his teacher. because in the aftermath of the attack, the first responders found those two together. they were dead and wrapped in each other's arms. so now nicole is making it her mission to stop gun violence in america. because if not for a murder senseless act, dylan would have turned 10 this year. nicole is kind enough to join me live from washington. nicole, you were there with the president. you were in the room with him on tuesday when he made the announcement of the executive actions. i just want you to take me there and tell me what you were thinking as you watched this happen before you. >> you know, i was just so proud
of our president and how much progress is finally starting to be made. it was such an emotional room to be there with him, to be with so many other families from across the country who have lost someone. but to be part of this positive change, something that is really going to start making a difference to saving lives, it was an important day. >> an important day. and yet by other people's accounts, not far enough. these are background checks. there's not going to be a lot of limitation to bad people who get these guns. did you feel as though these are baby steps or did you feel like these were steps that you never believed could happen in the face of a very strong second amendment in this country? >> i think the important thing to note is they are steps. they are pushing the needle forward. they're making a change. some people are going to say that he overreached. some people are going to say he didn't go far enough.
the point is, he took action. he's making something happen. and so far that's more than a lot of other people have done. so i applaud him for that. there's not one solution to solving the issue of gun violence in america. it's a very complex situation. and there's a lot that congress need to do. there's a lot that the white house needs to do. there's a lot that states need to do and communities. it's a multifaceted problem that's going to require a lot of different solutions. >> those solutions, nicole, so many people said if they were ever going to come, they were going to come after what happened at your son's school, at sandy hook. there has never been an incident like that in america. and yet that didn't happen. so do you feel hopeful that there will be significant change, change that you want in this time, given the fact it didn't happen three years ago? >> it started three years ago. and what we're seeing now is the
tipping point. sandy hook and what happened to my son and others, was catalyst for change. the change is happening now. but change is slow. this is going to continue to take much more time unfortunately. it's sad because the longer it takes, it means more people will continue to die every day. but i absolutely have hope and faith and firmly believe that this change will come and ultimately we will be a safer country. >> did the president tell you anything personally, nicole? >> you know, he has -- in the dealings that i've had with him, i've had the sad honor of meeting him a couple of timings now, he has always been passionate about this issue, passionate about making a difference, and talking as both president and as a father and parent. he wants to do the right thing and protect kids and make communities safer.
and i believe in him for that. >> nicole hockley, i can't thank you enough for taking the time to speak with us. >> thank you. >> for our viewer, be sure to tune in tonight for this town hall with president obama on guns in america. we're going to be joined by republican congressman trey gowdy. thank you so much for watching. my colleague wolf blitzer starts my colleague wolf blitzer starts right now. -- captions by vitac -- www.vitac.com hello, i'm wolf blitzer. it's 1:00 p.m. in washington, 7:00 p.m. in paris, 7::00 a.m. friday in pyongyang, north korea. wherever you're watching around the world, thanks very much for joining us. >> announcer: this is cnn breaking news. >> we're following several breaking news stories across the globe. including the border tensions escalating on the korean peninsula. the south, about to strike back at the north, for claiming it tested a hydrogen bomb. and