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tv   Legal View With Ashleigh Banfield  CNN  April 21, 2016 9:00am-10:01am PDT

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tune in this sunday 9:00 p.m. eastern for the premiere of the all new season of parts unknown with mr. anthony bourdain. legal view starts now. this is cnn breaking news. >> hello everyone. i'm ashleigh banfield. welcome to "legal view." caitlyn jenner's name just came up on the campaign trail. donald trump take ag surprising stance when it comes to one of the hottest issues. in breaking news the gop front runner addressed north carolina's controversial bathroom measure. trump says he is against that policy and that he believes that transgender people should use whatever bathroom they feel is appropriate. i'm sure you will know that
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stance is putting him right at odds with his rival, texas senator ted cruz. joining us now with more on this is jason carroll. did not expect that this would become front and center in the gop race but we are in down days between primaries. >> progressive is a word not many people use to describe donald trump. ted cruz might use to describe that word. as for caitlyn jenner that reference came up she said she should be able to use whatever bathroom she would like. weighing in on the subject of what is going on in north carolina saying transgender law is not a good idea. he spelled out his beliefs on the "today" show during a town hall. >> north carolina, what they are going through with all of the business leaving and the strife, it is on both sides, you leave it the way it is. there have been very few complaints the way it is. people use the bathroom that they feel is appropriate. there has been so little trouble
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and the problem with what happened in north carolina is the strife and the economic punishment that they are taking. >> do you have transgender people working in your organization? >> i don't know. i probably do. >> if caitlyn jenner were to walk into trump tower and want to use the bathroom you would be fine with her using any bathroom she chooses? >> that is correct. >> it didn't take long for senator ted cruz to weigh in on this issue. he tweeted about it not once but twice and spoke about it at a campaign event in fredrick, maryland. he called what trump said just a bad idea. >> let me ask you, have we gone nuts? this is the political correctness. this is basic common sense.
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let me ask you, are there parents of daughters here? i'm the father of two little girls. here is basic common sense. grown adult men, strangers, should not be alone in a bathroom with little girls. >> trump simply could be looking at this from a business point of view if you think about what is going on in north carolina where you have businesses like pay pal restricting business. you have performers like bruce springsteen, ringo starr, pearl jam, boston all pulling out. cruz says this is more about something dealing with morality. cruz would be the one to say that donald trump is not the real conservative here. he is the real conservative. this is just another example proving that. >> just fascinating to see this come out of thin air it seems on the presidential campaign. it has been controversial in the news elsewhere. now it is front and center. i want to talk about trump's
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and cruz's comments about this so-called bathroom law controversy with kristin beck. you may recognize that name because she is a somewhat famous transgender activist. she is retired u.s. navy s.e.a.l. she is currently running for congress as a democrat and joins me now on the telephone. thanks for joining us at this last moment with this breaking news. i guess i need to ask your reaction to donald trump and what he said on the "today" show effectively supporting what transgender people have said that they should be allowed to go into the bathroom corresponding with the sex that they identify with. is donald trump now sort of a new found hero for you? i know i'm asking as a democrat. >> here is the thing about donald trump, it is well and nice that he invited caitlyn jenner to use the bathroom but caitlyn is a millionaire and so it's like thanks for inviting a
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beautiful transgender person to use the bathroom. there are 8,000 homeless people who are lgbt in new york city alone. probably half are transgender. how about inviting some of us in? how about inviting me. i'm kind of a tom boy. i don't have all of that to put into making myself look like a barbie doll. i'm a regular person. would he invite me? >> it seemed clear to me what his position was. he said they should be able to use the bathroom that they choose. but here is the question i want to ask you and i want you to pivot to cruz and those who support his point of view that grown men shouldn't be allowed to go into the bathroom with his two little girls. i understand both sides. i want to know what your response would be to those people who are worried about
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nefarious people taking advantage for criminal purposes or for wrong doing to use something that gives you rights to exploit the bill for their purposes. how do you protect against that? >> well, i agree with you. it is kind of like one of those things where how do you protect people and their privacy against violence and everything else and protect my dignity as a person. in north carolina that is a state and it is a state's right to do things like they are doing. they can make a minor change and still be doing what they want to do, protecting the kids in their bathrooms, but change birth certificate to driver's license. on my driver's license it says female. it took a lot of effort to get to that level. >> that is something i have been mulling over in my head, where is the middle ground? would it be a doctor's note or something.
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and the driver's license i understand what you are saying. if i were you i would feel like i'm having to register with the state. doesn't it feel as if you have to register with the state? >> you almost never have to check my license when i'm using the restroom because you know that i'm transgender. i have a dress on and look okay. it's not like i'm going in there. it is a big difference. it's like when somebody like ted cruz would keep using male pronouns. you know when somebody is being mean about it or making a mistake. you know the transgender person or somebody going in there. that can be pretty obvious. so i doubt anyone will check my license when i dpoe to the bathroom. >> i appreciate you taking the time. >> common sense needs to come into play. >> i appreciate it and i always
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like to thank you for your service, as well. >> thank you. joining us live. i want to talk more about donald trump and senator ted cruz's comments along with gop race, how this all fits in because there is a lot going on in florida with regard to rules. seems like a real departure from what we talked about. also with us is cnn politics executive editor mark preston. first to you, if you can weigh in on this very significant shift for republicans dealing with donald trump and things he has said before that don't necessarily fit in with republican platform ideas. this certainly would not. >> right. but i think we have to take a step back. we are at a time right now in what lgbt activists will say is their civil rights moment. two years ago i sat down with pro gay rights marriage advocates who thought they had no hope of being able to get married across the country at
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least for another five or ten years. now donald trump who prior to running for republican nomination really had more centrist views on it i'm not surprised he made this statement today. we are entering into a new phase of the campaign clearly donald trump is looking at the general election. one thing we haven't seen in this campaign certainly in the republican primary is a lot of discussion on social conservative views. that has not come up at all. they have pretty much been on the same side. for someone like donald trump i'm not surprised that he did it and i don't think it is a bad political move on his part. >> to that point that he is pivoting with those comments to a general election way of speaking, way of presenting, he was actually asked specifically about becoming more presidential. the host said what about this notion? are there two trumps? at times you seem like you are on course and other times completely off the rails.
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he answered it. >> at the right time i will be so presidential you will be so bored. you will say can he have a little bit more energy. i know when to be presidential. we have two more left. they have absolutely no path to victory. and we have a very easy path to victory. i think they will be gone very soon. >> you know, changing on a dime seems to be like a political death nail for most candidates. but it doesn't seem to have that effect on donald trump. could it? >> he tries. he is really restraining himself and holding back. donald trump has been such an interesting character to watch during this presidential election because his instincts has gotten him to where he is right now. his instincts will prevent him
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from potentially winning the primary. if he were to he would not win the general. we have seen washington insiders coming to his campaign and making his modulate his rhetoric. donald trump in many ways if he was able to modulate his rhetoric and be more inclusive then i do believe donald trump could appeal to voters that potentially would go towards democrats. if donald trump is able to continue to modulate it and not on the twitter every night i do think that is good for his campaign. >> i want to pivot to -- just before i spoke with you i said it all kind of converges, the rules of the convention, what is being said on the campaign trail they aren't divergent. that is where phil mattingly comes in. p as the candidates either go there themselves to make their case to the rnc or send their under lings as in the case of
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trump, sends big wigs, are they making any progress at that meeting? are they actually going to write up a memo, to send to the rules committee saying change it all or don't change a thing? or is there some middle ground there? >> i think reince priebus, the rnc chairman's worst nightmare is that they make changes. the campaigns are extremely focussed on what is going on in hollywood, florida this week with good reason. there is 168 members of rnc. all 168 will be delegates in cleveland. that is why you saw ted cruz in person, john kasich in person. while donald trump isn't here personally the entire top tier of his team, those individuals he recently brought on that mark was mentioning are here and working hard having private meetings. it's all a little bit about wining and dining the delegates and keeping an eye on the rules. the expectation coming out is there won't be major changes to
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the recommendations for how the convention will be run. a lot of individuals here at these meetings will have a say in what convention rules will end up looking like. those rules could make or break a candidacy in a contested convention. that is why you have seen donald trump's team which behind the scenes would like that pivot you have been talking about working extremely hard. >> yes. but, to you on this one, donald trump's internal memo campaign memo suggested that they are going to blow past that 1,237. they are going to hit 1,400 delegates. i'm showing the memo but there is the graph. they are going to go so far past 1,237 they will hit 1,300. who cares about the convention? who cares about that delegate fight? to that end who cares about the rnc and that meeting?
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effectively 1,400 delegates means that. is that why donald trump was the only of the three republican candidates who didn't go himself? cruz there, kasich there but donald trump's guys were there? >> reporter: i think a better reason is because donald trump isn't going to ratchet about criticism of the rnc or delegate system on the campaign trail. it doesn't make a lot of sense for him to be here. one interesting thing is they have been very stung by the comments. the actual members, 168 members from around the country, these are gop folks who committed their lives to the party. they feel hurt by what donald trump has said. his team is working very hard behind the scenes to mend the fences there and those are very important meetings. even if they think 1,400 is possible which i think a lot of people would say is pretty generous you make a good point. if donald trump secures 1,237 on june 7 in california a lot of this doesn't matter. the rules don't matter because
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he will be the nominee. relationships between the trump campaign and rnc officials matter very much. the rnc is crucial for donald trump in a general election if he is the nominee from data to infrastructure to contacts. mending those fences very important. >> you got a great assignment down there. thank you to both you and mark preston as always for your 30,000 feet above view. i do appreciate it. coming up next that other race, hillary clinton, bernie sanders. today hillary clinton is talking gun violence in connecticut. don't forget, connecticut is the place where sandy hook happened. bernie sanders holding a town hall in pennsylvania. pennsylvania one big heck of a state with a whole lot of delegates. what are they doing and what will it do for them? we are live on the campaign trail with the democrats after this.
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politics dominating the news this hour. on the democratic side both candidates are making a big push in the northeast. hillary clinton visiting connecticut where she is hold ag discussion on gun violence, an issue sparking contentious back
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and forth between secretary clinton and her rival senator sanders. while the campaign rhetoric heats up clinton is call frg unity. during an interview clinton offered a blueprint on how to bring the democratic party together after such a bruising primary fight. >> when i with drew in june of 2008 polls were showing that at least 40% of my supporters said they weren't going to support senator obama. so i had to get to work and i had to make the case. i nominated him at the convention. i went from group to group even as late as the convention, convincing people who were my delegates to come together to unify. >> also chelsea clinton and president bill clinton for secretary clinton today. got live pictures for you to look at right now.
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campaign trail. all of this going on as senator bernie sanders is making several stops of his own. he is in pennsylvania today speaking at a town hall in scranton. want to listen in. >> what are the issues? number one. let me get to those. number one. we need a vibrant democracy. we need more than me. we need a vibrant democracy. what does that mean? right now, in fact, i'm the only candidate who will tell you this you have a corrupt campaign finance system which allows wall street and billionaires to buy
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elections. all of the people in my country have to ask a very simple question. democracy is not a complicated process. contributing hundreds of millions of dollars to the candidates of their choice, candidates who will represent the wealthy and the powerful. >> what senator sanders needs to do in that state is close a trailing number of 13 points. that is what he is facing. secretary clinton is at 52% polling in that state. bernie sanders at 39%. got work to do probably why he is there at this time. and 189 delegates. it's a biggy. later this afternoon he will hold another town hall in
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pennsylvania. tonight he will be at a rally in the town of oaks. senator sanders wife will be live with wolf blitzer. wolf gets underway at 1:00 p.m. eastern time. make sure you stay tuned for that. coming up next, a volunteer sheriff's deputy in his 70s who pulled out his gun instead of his taser and the result was he killed a man. he is on trial. we are going to tap into this and find out whether he is to blame and what his defense is. that's next. [beekeeper] from bees to business expenses, i'm in charge of it all. so i've been snapping photos of my receipts and keeping track of them in quickbooks. now i'm on top of my expenses, and my bees.
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trial is now officially on where jury will decide if a one-time volunteer sheriff's deputy will go to prison.
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>> on your stomach now. >> that was a gunshot and it was also the words i'm sorry, i'm sorry. it was also the moment last april when roberts baits said he made a mistake thinking that he was firing his police issued taser. instead firing a gun shooting a bullet into the back of ed harris who was running from police. harris died and the volunteer deputy now facing. big issue here whether mr. baits should even have been there with a gun.
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chasing suspect eric harris as he attempted to escape during under cover police sting last april ending with harris dead shot in the back by 73-year-old volunteer reserve sheriff's deputy robert baits who is now on trial for second degree manslaughter. >> i'm sorry. >> the voice saying i'm sorry is baits who is saying that proves it is a mistake. >> on the jury's very first day they were shown the gun bates used and several videos during opening statements. they also saw what deputies say is harris illegally selling a gun to an under cover officer. >> is that it? >> the under cover officer you hear is the first witness to testify in front of the all white jury. harris' brother says he hopes
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race won't play a role in the jury's decision. >> looking at the makeup of the jury do you feel like you're going to get a fair trial? >> i do. it's just praying people see this man killed my brother in cold brother when he was on the ground. he was 73. he shouldn't have been there if he wasn't qualified. >> bates maintained he thought he was using his taser but instead pull ed a gun. >> i have no desire to ever take anyone's life. >> family attorney says bates should never have been on the team but was granted special treatment on the force because of long-time friendship with now ex'sheriff. >> it is absolutely mind boggling that you have a wealthy businessman who has been essentially deputized to go play
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like he's some outlaw. >> now, he is the ex-sheriff because he was forced to resign after nearly 30 years as the sheriff because of an indictment by a grand jury and part of the indictment was that he withheld information regarding his friend and the reserve volunteer deputy. as far as baits, he faces up to four years in prison if convicted. he has been in the court today and he has been pretty calm the whole time. he has had conversations at the beginning of the trial, before the jury came in with our sketch artist. he was making jokes and very early on before the jury was picked in court had a conversation with mr. harris' brother he said i like your bow tie and he said i like my brother. >> it is amazing the drama that can play out in a courtroom
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before, during and after the gavel comes down. thank you. continue to report to us what happens today. criminal defense attorney is here. i want to talk about this jury that has been selected. the issues at stake for them. what is so fascinating, no one is contending that this accused man did this intentionally. everybody has stipulated it was an accident. >> that is a great starting point. >> how can an accident be a crime? there are theories of negligence. what the jury has to decide you can really almost throw the law books out the window and ratchet it down. was it reasonable for him to have legitimately mistaken the taser for the gun? or on the other hand was that unreasonable and therefore culpable negligence. that is really going to be the jury deciding is this man in good faith when he says i
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honestly sincerely reasonably thought i was reaching for the taser and not a gun. they are going to decide that. >> 74 which is an issue for some. the jury is on the older side. it appears many appear to be over 40. they are also all white. >> that is right. there is some racial dynamic in the case. maybe not that pronounced. the other thing is that the defense is insinuating this is interesting and a mistake. they are saying he didn't necessarily die from a causation standpoint from what happened with the weapon. he had heart problems. that is what he died from. a number of problems with that. my understanding of the medical evidence in the case does not support that. the medical report -- >> lists heart conditions. >> doesn't say it was the cause of death. number two, trying a case is like being a football coach.
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seriously, you don't know how a play will work until you run that play. also, let's be honest, hanging in the rafters is the fact that the victim was in the middle of perpetrating an alleged crime. >> that is big with the jury. it doesn't mean he deserves to die. it's a factor that any trial lawyer will tell you. >> i feel for the jury. it's not simple for them. it is critical. >> really appreciate it. coming up next, going to really take a turn here. former all star pitcher curt shilling is now former espn analyst fired officially for an offensive social media post about transgender people and bathrooms. what is the real story behind this? it's next. if you have allergy congestion, muddling through your morning is nothing new. ...your nose is the only thing on your mind... ...and to get relief, anything is fair game.
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did you hear the news? espn firing curt schillinb because of a pretty offensive meme. it showed a man frightening looking with clothes ripped up, women's clothes and a blond wig. he wrote let him into the restroom with your daughter or else you are a narrow minded judgmental racist bigot who needs to die. mr. schilling decided to delete the message but it was too late. he did not delete his voice. he kept talking.
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cnn sports anchor now joining me live with the fallout. other than the firing, story is not over. >> curt schilling released a blog post saying i have my flaws as does everyone and i'm okay with mine. they are what make me unique. he said i also have my opinion. he called those who are calling out for tolerance and acceptance that they are frauds. he said that they are not practicing those same principles but on that post he said the latest brew hahaof what you are speaking about he calls it hilarious. i didn't post that ugly looking picture. i made a comment about the basic functionality of men's and women's restrooms. he says he didn't post the picture. does that mean someone else logged into his account and posted it. also, he says it is hilarious.
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this says he is not taking this seriously. this was very serious enough so that espn fired him. they released a statement saying espn is an exclusive company and the conduct is unacceptable and employment with espn has been terminated. >> so just to that last part, he said in his blog post i made a comment about the basic functionality of men's and women's restrooms. that was what he said. it is all hilarious. i want to remind everybody again what he actually wrote. let that man into the restroom with your daughter unless you are narrow minded judgmental racist bigot who needs to die. that is my next point. it is not the first time that mr. schilling has said things that caused him some angst at
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work. >> it is a great point. he has been bold and brazen with his comments for some time now. last year he was commended because he stood out against bullying when a bunch of twitter trolz were making vulgar comments towards his teenage daughter and some went so far to call him father of the year. now those same actions have cost him his job. a year ago last year's mlb playoff he was pulled off the broadcast because he compared muslim extremists to nazis and said hillary clinton should be buried under a jail. he doesn't know how far is too far when it comes to making comments and voicing your opinion. >> you and i know it. you have to keep the talk in check if you want to keep on talking. we all go over a little bit. when you go over too far it is obvious. president andrew jackson, a slave owner being relegated to
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the back of the $20 bill and replaced instead by a well-known abolitionist. we will introduce you to the new front man or front woman next. show me movies with romance.
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the $20 bill that if you're lucky is right now in your pocket is about to get a major makeover. u.s. treasury department is making history unveiling the newly designed $20 bill with the face of civil rights icon harriet tubman. she is the first african-american person of either gender. treasury officials are excited saying this pays tribute to her legacy and sacrifice to help end slavery. you know who is not a fan of the change? donald trump. >> harriet tubman is fantastic. i would love to leave andrew jackson and see if we can maybe come up with another denomination. maybe we do the $2 bill or another bill. i don't like seeing it.
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i think it is pure political correctness. >> effectively won this. she is executive director of women on 20s. i'm not sure i knew about the group before this big news broke. i love for you to react to what donald trump said about this this morning echoes ben carson saying perhaps the $2 bill would have been more appropriate. >> i think the $2 bill is usually used as an insult when people say it is worth as much as a $2 bill. that's been my impression. so to me that is kind of an insult. >> i have to be honest with you, i immigrated to this country from canada 20 years ago and i have not seen a $2 bill. is there a such thing as an american 2? >> tell me about the choice. there was public opinion sought after for this. i don't think anybody expected
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the 20. everybody was thinking the 10 would get the makeover. it needed the most security change. walk me through how this happened. >> our campaign started last march. we had 600,000 people who weighed in an online poll. so the $20 bill is the bill that we use the most often. it comes out of the atms. the 10 is produced only 5% of all of our bills. so to us the $20 bill and it also had to do with andrew jackson who is on the $20 bill whose legacy of ruthless treatment of native americans, slave ownership and trading and his hatred of paper currency, those things -- >> rel gts to the back of the bill. >> he is going to the back of the bill. >> he was a president, one of
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our first. he is the lion. regardless of these horrors and several presidents had sort of you can check a few negative boxes but donald trump said this is political correctness. others are saying it is political correctness running a muck. >> andrew jackson's legacy has become tarnished to the point that he shouldn't be a symbol of what we aspire to, what we represent in this country. we are about tolerance and inclusion. to me it's time to update our image in the world. >> going to take a few years before we start seeing all of these. not an easy process. >> i think that they are really committed to speeding it up. rumors that it might not be until after 2030 have been disspelled. treasury secretary tells us it will happen much sooner. we are really happy about that. >> nice to have you.
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thank you. congratulations on your work. going to move you to the houston area now because there has been absolutely remarkable video coming out of houston. flooding that has been happening you probably saw it this week but probably don't know that this place that could least afford it is about to get delluged again. the mayor is live next. 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...
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breaking news to report to you coming out of the minneapolis area. there is an ongoing death
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investigation. normally that wouldn't make national news unless it is a death investigation at a place -- the estate of prince, the musician. that is where the sheriff's deputies apparently have been located. the estate of prince whose real name is prince rogers nelson. no one is confirming at any time right now who the person is who died at this estate of prince in minnesota. this is the carver county area in minnesota. and the sheriff has been doing the best he can to update what they are doing but they are saying they are not saying at all who the person is who died at the prince estate until they are able to notify next of kin. we will continue to watch this carefully. there is breaking news to bring your way much farther south, a mandatory evacuation order, people in houston specifically
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warten texas being asked to leave due to paralyzing and catastrophic flooding that has claimed the lives of eight people. officials are keeping an eye on the dams there. those dams are aging and now the description is, quote, extremely high risk of breaching. also, today, the last thing houston needs right now is more rain because an extra one to two inches are in the forecast right now and more than 1,000 homes have been flooded. they can least deal with that kind of delluge. the cost of the damage going over the $5 billion mark. fortunate right now to be joined live on the telephone by the mayor of houston. thank you for joining at this time. can you give me your best as to what emergency officials are telling you about what you are about to undergo with additional rain? we are looking at pictures that are very clear. you can't afford another drop.
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>> no. the city of houston still suffering in the northwest part of the city in what we call the kingland area because of the water being released from dams. more water has been released than we can get into the gulf. that is causing some flooding. and then out in the county we are having some flooding on the county. right now other than the area the bayous within the city are within their banks but we certainly just don't need anymore rain in the region. >> mayor turner, with those two dams in particular at 50% capacity and flash flood watches right now that effect 9 mlion people, i just don't know, where are these people going? mandatory evacuation order is one thing.
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they all have to go somewhere. where are they going? >> again, we have a number of people that are in shelters right now. we have five area shelters set up. they are about 719 people in the current shelters. other people are living with relatives. people who are living in facilities, seniors taken to other facilities and living with their relatives and family members. so people are pulling together. that's the good news. hopefully we'll be able to work. they are holding for now. the police and fire to look at them and they are structurally sound. it's just a lot of water coming in from the entire region and just trying to as they release that water and flowing down that is what is going to be an even
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major problem. >> mayor turner, our thoughts are with you as we look at the pictures and hear such a dire pdire -- >> people from volunteers, faith based communities, the county has done an excellent job and police and fire and others in the city of houston have really stepped up, organizations all different levels. we will get through it. we are dealing with it but there are a number of resources being made available. >> do appreciate it. i'm flat out of time. i wish you well. continue watching cnn. you can stay right here or go online to watch live. please stay tuned for "wolf" he starts right now. >> im

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