tv Legal View With Ashleigh Banfield CNN April 28, 2016 9:00am-10:01am PDT
howard hughes so some of that is weird to hear. >> it's impressive. >> it's weird to hear about your mom's dating life to learn it is more interesting than your own. she is very honest. if you do aphilic like this you want it to be honest. >> you are a very private person cht this is a very public project. why? >> i just think -- we did this book, the rainbow comes and goes. we thought if we are going to do this it should be honest and open and i have no problem. i sort of feel like it has no reality that is out there that people are seeing it even though clearly people are seeing it. >> doing quite well. >> and the book is number one. so i don't think about that. to me it is a personal thing and i got to know my mom in a whole new way before it is too late. >> great to see you. >> you can watch this
documentary. you can see it, too here on cnn tomorrow night. thank you for joining us at this hour. > hello everyone. i'm ashleigh banfield. welcome to legal view. one week today since death of legendary entertainer prince and officials still effectively mum on what caused him to die. the autopsy and the toxicology results are still not being made public but we have learned one thing for sure. if prescriptions drugs weren't directly responsible, prince was certainly surrounded by them. a law enforcement official is telling cnn that investigators found pilled in his home and on his person. pain killers, powerful drugs called opiods. they are normally and carefully supplied by a doctor.
let's not be naive. we know people can get their hands on most drugs if they want them badly enough. we are told the drug enforcement agency is now active in this investigation. looking at the types of pills that were found in the house and working backwards to try to figure out where they came from. remember that prince had that emergency landing situation just a few days before he died. officials believe that the, quote, unresponsive singer was having a reaction to some kind of pain medicine and that is according to a source here at cnn. outside minneapolis now and live to stephanie elam who is standing by what are those investigators looking for at the house? >> reporter: that is the question here is how do all the
pieces go together? the fact that he had strong opiods on him and in his house. this is where the drug enforcement administration steps in. they are looking to find out where they are getting the pills and if he was being oversubscribed and playing that into what happened with the emergency landing of his private plane in illinois. and the fact that they believe he was treated for an overdose trying to put those together to see if these two incidents are related. >> so who is in charge? when you dpet the feds coming into a local investigation certainly with this kind of headline making mechanisms there can be some tension. is that showing up in this at all or does it seem like they have the same focus and that is let's find out who may have been behind this? >> reporter: the question about that is so much it is being handled behind the scenes.
i think the fact that the federal agency is being involved in this shows that the local agency believed there was enough reason to reach out. there are so many different facets that continue to come out about paisley park and what was going on inside. the fact that he was in there by himself. lots of different questions. it looks like on this angle of the looking into what happened to prince the federal agency is stepping in here. >> stephanie elm standing by for us with that story. thank you for that. i want to bring in former dea agent and our legal analyst here at cnn. if i can begin with you, michael, i'm so curious as to what some of those agents might be doing at paisley park. since you have been on the inside maybe you can help me navigate what is happening now. >> just the fact that the local police brought dea in tells me that indictments will soon follow. >> really? >> yes.
if this was las vegas i would give you that indictments will follow. those indictments will range from state, federal narcotic violations to homicide. i say homicide, if i knew that you were drug dependent and i knew that you were in bad physical condition, that's not even necessary, but if i gave you the pills anyway and you subsequently die, that is reckless indifference. reckless indifference to your safety and your life is homicide. so that's where we are heading, i can almost guarantee that is going to come off. if the dea is in there, they are going to first want to go back -- it sounds to me like there is an enormous amount of evidence to work over, not
excluding even the people on the plane with prince. the commentator was exactly right in that you want to get the source of the pills or the source of the drugs. it may be multi sources. >> that's the next issue. the multi sources and the idea that some people doctor shop and sometimes doctors don't know about that. stand by. i want to bring in danny on this. when you are talking about things as serious as homicide and then anything from manslaughter to second degree these become serious charges. we looked at protective litigation that michael jackson's doctor went through. it is so difficult to take a pill bottle or a baggy and connect that to one particular doctor especially if there are many involved. >> if it is a baggy, yes. if it is in a regular prescription pill container, those have all kinds of information on them pursuant to the controlled substances act.
the other thing that we have to remember is that prosecuting doctors for overprescribing and overdose deaths is a relatively new phenomenon. we went through almost 200 years of our country without the federal government or local state governments taking much interest in prosecuting doctors. it's only with the rise of the controlled substances act in 1970 and then also some of this medicine that we are seeing now like we saw with michael jackson where people pay doctors for personal services to be their sort of conciliary of medicine. those have led to rise in prosecuting doctors for overprescribing. whether it is under controlled substances act or criminal negligence you have to show that a doctor knowingly did this or disregarded some known risk in prescribing. and at that level we are not talking about driving cars or shooting guns. medical science is highly
complex. >> and so to that point does the dea have any kind of tracking mechanism whereby short of a registry of exactly what is being prescribed to every patient which i'm sure hipaa would go ballistic over, how could they possibly know that a doctor who supplies a patient who has already been supplied by someone else and oversupplied, how can they connect that to the doctor and find the doctor was reckless because he didn't care about all of those other prescriptions? how can they absolutely know they didn't know about them? >> they can and they will. particularly in this case. what was just mentioned is really important in that the attentions of doctors having appropriately diagnosed and prescribed the drugs has put a lot of doctors on edge and they will not even prescribe drugs which puts a lot of patients who
are truly suffering pain like people in my family who have to look elsewhere to address their pain issues. and prince may well have been one of those. we don't know. we won't know until the investigation. in the law, the law requires an appropriate face-to-face examination by the doctor who prescribes those drugs. part of the job is to see if that actually happened or did the doctor not, as in the michael jackson case where he was just providing drugs. that will all come to light, has to. >> we need to be clear, we are still waiting on tox. we don't know what those reports say yet. the fact that he had opiods on him is one piece of the puzzle. one detail is that the most bizarre development in all of this, prince did not have a will. i thought there was not a
possibility considering his business acumen that he didn't have a will. >> prince didn't have a will. he had this vast estate. a lot of the people were saying i can't believe prince didn't have a will. a lot of you don't have wills. many people do not have wills. even people with significant assets whether an estate like prince's or collection of commemorative plates. >> when you were 300 million plus and future earnings earth well over a billion that still holds true? >> people take the view that what the heck, when people are probating my mistake i wouldn't be around. so many americans don't bother to set up wills to look afterloved ones or wills. it's amazing to think that from the regular guy to somebody like
prince that phenomenon occurs. i guess the lesson is it never hurts to plan ahead. >> usually it's kids that gets people thinking about these things but without children at age 57 we thought in relatively good health we can understand. at $300 million it is astounding and the estate will certainly get its share of that. thank you for your insight. we appreciate it. the story is odd. the story is strange and still evolving but the prospect of powerful addictive pain killers takes the investigation into prince's death to a whole new level. and it raises so many questions. who better to answer them than our own expert on all things addiction, that's your guy on the left, dr. drew coming up in just a moment. we needed 30 new hires for our call center.
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on his person. i want to get dr. drew in here, addiction specialist. so we just talked about the criminal aspect of this and what doctors might actually face if someone is able to connect bad prescriptions to doctors, whoever the suppliers were. i want to take it a step back and talk about prince the person and how he might have died. i need to ask you, what is the possibility that prince was taking prescribed medication the way he should have and still dropped dead in that elevator? >> approaching 100%. let me say that we have been covering this all week on hlny. have been chanting about these opiods. i knew it was a part of a story with prince. the fact is the medicine that has been talked about, percocet, that name kept coming up, 81% of percocet prescribed in the
world, 81% of percocet in the world between 1991 and 2013 was prescribed in the united states of america. nearly 100% of the vicodin in the world. do we have more pain in this country? no. we are bizarrely liberal with prescribing of opiods. the real problem is it can be precisely when you add in a sleep medicine, anxiety medicine that is potentially lethal combination particularly if somebody has underlying medical problem. my hunch is that what happened here. he has some sort of underlying issue. he was appropriately prescribed opiates. in fact, i was listening to the dea agent and thinking i love hearing other people talk about the practice of medicine. 100% of patients died of addiction in the last seven
years were given this combination of medicine as prescribed. >> by the same doctor? would the same doctor give it? >> many times. it's just the awareness of how serious the problem is very poor. both are casually prescribed together. listen, if that dea agent were right there would be 40,000 dollars in jail right now. i'm sure it was prescribed appropriately but a little too much and inappropriate situation and that creates real trouble. >> we are looking at picture after picture of prince on stage performing. this is how everybody knows him and remembers him. it is not hard to see from the pictures he was a very slight man. he was according to the associated press about 5'2". the guesses on his weight were anywhere from 110 to 125 or 130. my concern is this.
how often are prescriptions for pain killers which i would say the majority of the audience watching have at one time been prescribed fairly and justly. how often are these prescriptions wrong? the amount given to you, the number of hours, how often is it wrong given your body type, your metabolism, your energy level, different factors. >> it's not that. age is not that it. it is not that they are inappropriately prescribed. they are too casually prescribed and given too high a quantity over a period of time. things are activated like disease of addiction that doctors don't know how to identify. you heard the agent reference this then they are cut off and we have the heroin epidemic. it's just you can just connect the dots. i have been talking about this for years. it is stunning that we have to lose a genius before people wake up to this. it's so sad. the other thing about this is i
don't believe -- i'm going to be splitting hairs a little bit -- i don't think prince was an addic. you don't hear a long story of struggle and progression. you hear nothing like that. >> you hear the opposite. >> boom. >> the opposite. you hear suddenly trouble. and that trouble was around prescribed medication. you don't die of elicit drugs in america anymore. that's how it happens. >> i think i might have lost you, drew. it just went silent for a minute. we are going to continue to watch this. i appreciate your insight. while we are having this discussion we are still waiting to find out if the autopsy suggests this was an overdose or something unrelated to the drugs that were found in his home. drew, you are just remarkable with your insight. i wish you didn't have to cover this story over and over again for people to wake up to these
awful dangers. thank you so much. quick plug for your show. the show is on hln, 7:00 p.m. eastern each night. clearly he is at the forefront of this story. great guest and he knows a lot himself. so i encourage you to tune in especially to these particular details. we have breaking news. the fbi says that warrants were served today and are related to the san bernardino shootings from months ago. who got them and what about the connection to the iphone? the search to the iphone. and also quite a day on the campaign trail today. guess which prominent republican just called ted cruz, quote, lucifer in the flesh. and that might have been the nicest thing in the litany of complaints. so there is another candidate in this mix on your screen that just laid off a few hundred staffers. and which famous chair throwing
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opened fire on a county meeting. 14 people killed. cnn watching this story from our bureau in los angeles. cnn legal analyst is with us to help plot through what warrants could mean. the big question is warrants anything from search to arrests. do we know the nature of these? >> all we know at this point is that the fbi is confirming that warrants have been served today. what we are hearing is that they were served in corona and elsewhere. it's simply one line that fbi is working with their partners and warrants were served. what i can tell you from having covered this story is that the key address in corona is the address of the brother and father of the gunman. those two lived there as did the man charged with material support for terrorism.
so it is a key address. this is a home where the father, brother and a man who was arrested for terrorism for material support for terrorism all resided at. we don't know why those warrants were executed. we know that there were some marriage fraud issues. he was charged with visa and marital fraud. there was also the fbi able to break into the iphone very recently of the gunman. what we don't know is exactly why they were executed today, what time. we just know that they are ongoing and it has happened in corona and elsewhere according to the fbi. >> just so that i'm really clear. when you say corona are you saying that those people, the brother and the father of syed farook lived at that address? >> we don't have an exact address. what we have is that these warrants were served in corona
and elsewhere. we are still trying to determine if they were executed at that particular address but i can tell you from having covered the story the only address that we were paying attention to in corona is the address of the father and the brother and that address listed as his home address. >> and he is facing material support charges. really quickly the iphone. that has been the biggest headline since this horrible terrorist attack in december. we have been following this. you have been at the leading edge of coverage of what the fbi has had to go up against to get the information of syed farook, his iphone, the fbi had it. they couldn't get into it. they begged apple for help. it became a national story. instead they went the other route and paid over a million dollars to get that phone hacked. they said they did it. they said they got it but never
told us what they got. do we think that today's warrants are directly in relation to getting the material off the phone? >> to be frank we don't. we don't know exactly if this is related to marriage fraud that they were investigating, agents were investigating the charges that were leveed against marquez or if this is in relation to the iphone that the fbi was able to break into. we just don't know. what the fbi is confirming is that the warrants were served in corona and elsewhere. >> so i know that i'm beating a dead horse here but while i have you i will, if i can. i recall that you reported at the time the only thing the fbi would tell us after they were able to hack the phone was that they could at least figure out timeline after the killings and who they didn't contact but they weren't telling us everything else. i will get danny to jump in on this conversation as well. did they hold back a lot? i want to get danny to weigh in
on why he thinks maybe warrants in corona may be directly related or not. that is really hard especially since he is not in your location. were they holding material back? did they let us know that they were holding it back? >> they haven't been very forward with us about what they have found and able to gain from accessing that iphone. they are not telling apple, either. they are not sharing that information. they are not saying how they broke into the iphone. that is the latest news we have heard. apple saying that they are not being told. so the fbi is in the middle of an investigation. they are not talking much to the press or to apple. >> and i know the answer to this but the question always asked. if you end up on the served end of a warrant and it is based off of a device, is it your ultimate defense you don't know who was typing on that device and you don't know that is connected to me in any way other than slander. >> squashing these search warrants can be difficult.
the reality is that the doj has gone from using search warrants sparingly to using them in a mandatory way under d.o.j. policy to investigate almost all crimes so the fact that warrants were served doesn't really tell us a lot except that this is standard operating procedure for the doj who uses them as investigative tools. it is exceedingly rare for a federal judge to deny a search warrant. as a result fbi special agents apply for them and get them fairly frequently and use them -- >> don't they scare the heck out of people? >> if you are a corporate defendant receiving a federal search warrant can be one of the most terrifying things in the world when it may just be the d.o.j. casting a large net and going fishing just to use a bad analogy and hoping to find something good. >> thank you for that. thank you for your reporting.
as soon as we know who got them and why they got them you will know, as well. i want to move to politics because donald trump is getting ready to speak in indiana. that state that is the major focus right now for the candidates. will he keep up those attacks on ted cruz? and now ted cruz's choice for a running mate, carly fiorina. remember what he said about her face? is that going to make a comeback? more from the campaign trail next. rried an italian. my lineage was the vecchios and zuccolis. through ancestry, through dna i found out that i was only 16% italian. he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian was eastern european. this is my ancestor who i didn't know about. he looks a little bit like me, yes. ancestry has many paths to discovering your story. get started for free at ancestry.com
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on as ted cruz's running mate. how about john boehner? is he for cruz? that would be a big heck no. the former house speaker speaking at stanford university and called ted cruz, quote, lucifer in the flesh. you think that is bad? that's nothing. he went on to say i have democrat friends and republican friends. i get along with almost everyone, but i have never worked with a more miserable s.o.b. in my life. i added s.o.b. he didn't say it that way. he said it the way it is. minutes ago ted cruz had his own say on john boehner and donald trump. trump called cruz and carly a waste of time and an act of desperation. cruz spoke to reporters in fort wayne, indiana.
here it is. >> how do you combat criticism that this move -- in part two -- >> part two is john boehner calling me now in his words the most miserable s.o.b. he has worked with saying you are lucifer in the flesh. i'm wondering how you square that with necessity of pulling together. reaction to that. >> let's start with the first point. >> it surprises nobody that donald trump's response was to engage in insults. he screams and curses. i suppose you can start a drinking game on which donald will respond to any given stimulus. the one he does most frequently is insults.
the second question was about john boehner. john boehner had interesting comments last night. he didn't abbreviate what he said, a little more expressive. he allowed his inner trump to come out. i will say this. if you are wondering who actually has stood up to washington, i think -- john boehner and his remarks describe donald trump as his texting and golfing buddy. so if you want someone who is a texting and golfing buddy, if you are happy with john boehner as speaker of the house and you want a president like john boehner, donald trump is your man. that man calls me lucifer he is not directing that at me. he is directing that at you. what boehner is angry with me for is not anything i have said to him. i haven't said much of anything.
what boehner is angry with me for is standing with the american people, is energizing and encouraging house conservatives to stand with the american people and actually honor the commitments we have made. >> wow. i want to bring in my cnn colleague who is in evansville, indiana ahead of a big rally. phil mattingly is live and cnn's political analyst john avalon, sarah murray first to you so i'm not sure if donald trump is going to seize on john boehner's language, s.o.b. and lucifer and use that today behind you or stick with the presidential image he was trying to convey last night with the teleprompters and i can be a president, too, business. what do we expect? >> reporter: it will be interesting to see if he addresses john boehner's comments.
we saw the two different tones from donald trump and the reality is on the campaign trail we get donald trump off the cuff, the classic donald trump we are used to seeing, things like policy speech in washington, d.c. occasionally using notes and rattling off local statistics, these are changeathize campaign is making on the margins. i asked donald trump earlier this week after he won those five states and was holding his victory press conference in new york whether he felt like he needed to change, he needed to be more presidential. he said i don't want to change. i feel like i have won so many states by being who i am. so i think the idea that donald trump is going to reinvent himself on the campaign trail is a little bit of a pipe dream. >> let's talk about bobby knight who had pretty colorful language and just colorful presence on the campaign trail last night. he signed on. let's listen to what he had to say.
>> he isn't presidential. i don't know what the hell that means. they said harry truman wasn't presidential. and he went on to be one of the three best presidents. there has never been a more honest politician than donald trump. and he does a great job of finding good people. he is damn good at getting rid of bad people, too. >> a lot of cheering in that auditorium. that is a tough act to follow for one ted cruz. when this guy is a hero in indiana and ted cruz needs indiana like he has never needed a state. >> it is a huge state for ted cruz. you is to imagine ted cruz is probably texting larry bird trying to get somebody that is of the stature of bobby knight. the interesting thing is if donald trump were a basketball coach he would likely be bobby knight. they are more or less the same personality. it does under score that donald trump is taking indiana just as
seriously as ted cruz is. ted cruz is more or less moved to the state acknowledging the fact that the 57 delegates will make or break his campaign. donald trump doing the same. you saw where sarah is standing. donald trump putting a lot of focus on this state recognizing that a victory in indiana or sweeping a large number of delegates could break ted cruz and help secure the nomination. >> i think so. john avalon, i want you to step in on the other side of the race. the democrats, bernie sanders laying off hundreds of campaign staffers yesterday having a good reason he says we are already done 40 states. i only have ten more states. do you think hillary clinton should be putting out and hiring those people and bringing them on to her campaign? >> well, you generally don't do one to one unless someone on the team whose work you admired and invee. that is justifiable in uniting the party.
as i think as implicit you don't lay off a ton of people if you are thinking about fighting in general. this is basically a practical concession to the fact that his fight for the nomination is winding down. a shift to impacting the rules and looking at how his movement can continue to impact national politics is the focus. it is a concession of reality and fiscal responsibility. and it is an indication of where the real state of the race is. you want the truth of the politics, you follow the money. >> since you call yourself an equal opportunity offender i want to get you in on the republican side of the race. john boehner with salty language and lucifer and the race said something more clear and simple, that he would not vote for ted cruz if ted cruz were the nominee. that's big. >> yeah. and you have seen other sort of elder statesman in the republican party say that as well. this is unique, not that donald
trump is beloved respected figure but it really does show in the short time ted cruz has been in washington that he has managed to alien ate people to an unusual degree. this isn't just because of ideolo ideology. a large part of politics is personal. if this many people who work with you have a real problem with you, that is a character reference and that is real. whatever salty language you use that is a serious thing to come from the former speaker of the house. >> it's just a matter of time before it becomes part of news broadcasts with beeps. thank you. always good to see you and sarah murray and phil mattingly. continue to touch base with you all as the day progresses and the campaign does, too. i have more breaking news out of san bernardino. we were very mystified by these warrants served in california. now we have some answers coming up after the break.
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update regarding arrests made in connection with the family in the san bernardino killing case, 14 dead in december. cnn justice reporter joining me live along with legal analyst here in the studio. warrants served and that is all we knew and now we know why sdpmpt whether we know there are three arrests made. one of them is syed farook's brother. his wife they were arrested earlier today in corona, california. nearby in ontario is where the wife's sister lived and she was married to another character in this case inreeenrique marquez arrested after the massacre and fbi uncovered that there was a case of marriage fraud. the two women were from russia and appears that they came here under false pretenses.
that is what the case is about. it's not in the san bernardino massacre case, not related to terrorism charges. they are being charged with marriage fraud and conspiracy. >> stand by for a minute. joey jackson with more on this. this sounds like marriage fraud whatever. it sounds like it's the squeeze. it's scaring people into coughing up better information about the killings. >> i think so. in addition to that i think you want to have a deterrent value in all you do. that is that you want to put people on notice that anything that occurs the fbi will leave no stone unturned. they are going to find who the perpetrators are and could be, how deep this runs and bring them to justice. at the end of the day there are people who are dead here. while the charges don't directly relate to that they relate to people engaging in illegal acts that could be related to this cht. >> interesting to see what kind
of information comes out of additional court records. thank you. appreciate it. want to turn back to politics. the race for the white house focussing on the state of indiana holding a primary next week. donald trump expected to start a rally there at that microphone before those flags. that is evansville. it is happening in just a few empties minutes. we are back in a moment. ugh! heartburn! no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. when yaren't moving in the right direction, it can be a burden. but what if you could wake up to lower blood sugar?
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any minute donald trump expected. it looks pretty presidential on the matt form. will he be? something else happening on capitol hill, the house speaker, paul ryan is hosting -- i love these pictures, take your daughters and sons to work day. he invited the kids of capitol hill reporters to attend his weekly news conference.
look at them all getting on camera. look what is going on here. cnn is doing the same thing. this is cnn's take your kids to work day. this is what happens when 60 little kids end up infiltrating your live set. everyone wants to see themselves on tv. this is exciting. these kids get to have breakfast and lunch. they read scripts and do fun stuff. how has it been so far? you loving this? what's the best part so far of the day? >> watching the movie. >> this part? being on tv? >> being on tv. >> you like that part? being on tv. >> can you see yourselves in the monitor right now? this is kind of last minute so,
of course, i'm going to give these kids a bit of a talk after our show is over. it's nice to know that paul ryan, the speaker of the house thought it was so important to bring kids to capitol hill he says it is important to go back to his house every weekend why he took the job. as long as i don't have to do so much that i can't see my kids as much as i would like to. it is great that cnn does the same thing. so great to see my little guys so well behaved today. i can't believe it. minus these two. just kidding. they look a lot like me for a reason. thank you for watching. i'm glad we can bring the kids to you today. our next generation. you can stay here to continue watching cnn or you can go to cnn.com to continue watching. everybody on three now watch wolf. one, two, three. >> now watch wolf. >> bye-bye everybody.
i'm wolf blitzer. it is noon. 1:00 p.m. here in washington. 8:00 p.m. in baghdad. wherever you are watching from around the world thanks for joining us. any moment we expect republican presidential front runner donald trump to take the stage in indiana. you are looking at live pictures. trump delivered major foreign policy speech on wednesday, promised to go into greater detail on other topics including immigration as we get closer and closer to republican convention in july in cleveland. sarah murray is on the campaign trail covering trump in evansville. about an hour ago we heard this from senator ted cruz talking about donald trump and the criticism of cruz's vice presidential pick, carly fiorina. >> it surprises nobody that donald trump's response was to engage in insults. donald