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tv   CNN Newsroom With Brooke Baldwin  CNN  October 12, 2016 12:00pm-1:01pm PDT

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top of the hour you're watching cnn, i'm brooke baldwin. it's day two of donald trump, you could say, unshackled, the republican nominee is stepping up his attacks claiming there's something sinister -- his word -- going on within his own party. the gop civil war may be about to claim the most powerful republican in congress. cnn has learned house speaker paul ryan's job may be under threat by the trump rebellion.
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trump went after paul ryan on "the o'reilly factor." >> i wouldn't want to be in a fox hole with a lot of these people. that i can tell you. >> but mccain is a brave man. >> including ryan. >> trump is about to take the stage for the second time today in the state of florida, this is what he said earlier today. >> wouldn't you think paul ryan would call and say "good going" in front of just about the largest audience for a second-night debate in the history of the country. so you'd think they'd say "great going, don, let's go, let's beat this crook, she's a crook. let's beat her. we have to stop him." no, he doesn't do that. there's a whole deal going on there. you know, there's a whole deal going on, we'll figure it out.
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i always figure things out. but there's a whole sinister deal going on. >> let's go to manu raju our political reporter. manu, before we get to the threats to speaker ryan's job i want to talk about this source who has told you there was a private call between pro-trump house republican members and kellyanne conway, trump's campaign manager, what was said on that call. >> well, this issue came up on this call, the fight between donald trump and paul ryan. it was part of this regular outreach that the trump campaign does with its supporters on capitol hill coming in the middle of this gop civil war. i'm told that a lot of these republicans on this call expressed concerns directly to kellyanne conway about donald trump attacking paul ryan, they're saying he should train his focus exclusively on hillary clinton and they think this intraparty battle has become a
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major distraction and i'm told kellyanne conway did not commit one way or another and you could hear from the rally thein flori that donald trump wasn't listening either but it's hard to control donald trump. after all, a few minutes after attacking ryan by name, republicans on this call said donald trump should drop this, focus on hillary clinton, that's one way to get the party united. >> so what about paul ryan? this is assuming no matter who wins if the republicans maintain majority in the house and he is up for speakership, the all-important vote in january who's threatening, then, not to support him? >> well, right now some pro-trump lawmakers are making noise. today the first republican lawmaker coming out and saying that he would not vote for paul ryan in the next congress. that's jim brandestine of
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oklahoma. i'll read you a tweet of his today that he put out saying "given the stakes of this election, if paul ryan isn't for trump, then i'm not for paul ryan." and why is this significant is that mr. brandenstein voted for paul ryan in 2015 when ryan ran for the speakership. so if paul ryan wants to be speaker, he needs to limit defections on the house floor and if people like jthis senato are angry, it will make it hard. paul ryan is still endorsing donald trump. he just said he won't campaign or defend him. clearly a lot of republicans and conservatives who believe that position that ryan is taking is making it harder for them to
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unite at this point in the election, brooke. >> manu raju breaking the news for us today. also as we mentioned donald trump is in the battleground state of florida today, two events rolling out a fresh set of familiar accusations about the clinton campaign. here you go. >> the department of justice fed information -- think of this -- to the clinton campaign about the e-mail investigation. so that the campaign could be prepared to cover up her crimes. this corruption and collusion is just one more reason why i will ask my attorney general to appoint a special prosecutor. [ cheers and applause ] >> so repeating the line that we heard over the weekend that the debate. his source? wikileaks, the anonymous group that have released another batch of more than a house e-mails purportedly from the account of clinton campaign chairman john podesta. trump says one e-mail in
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particular proves clinton's camp was in cahoots with the department of justice as the justice department was investigating hillary clinton's private e-mail server. you can see for yourself this e-mail is purportedly from clinton campaign spokesman brian fallon to clinton staffers. here's the highlighted portion. "doj folks inform me there is a status hearing in this case this morning so we could have a window into the judge's thinking about this proposed production schedule as early as today." jim sciutto, let me go to you, our chief national security correspondent. we know brian fallon used to work at the justice department. we know he is citing information that would have been public about a case that -- a freedom of information request. tell me more about the e-mail. >> as i do this, let's throw the e-mail back up on the screen. one, as you say, the fact that there's an upcoming status hearing, that's public information. second, to get a window into the judge's thinking, that's not because the judge is secretly communicating with the clinton
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campaign here, having a drink with them at a bar it's because the judge will be in front of lawyers for both sides and based on his questions and how those answers are received you get a window into his thinking so donald trump presenting this to his rally as evidence that somehow the doj and the clinton campaign were colluding on whether or not the doj charged hillary clinton when you look at the substance of the e-mail and it's a communication about something that would be in public and naturally happening because the judge is speaking to the lawyers and answering questions and so on. >> we know that podesta has responded. he said it was the trump campaign, that they knew about the forthcoming leak and he also said it's russia whofering in t on trump's behalf. what has russia said? >> russia denied all involvement
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we heard today from the president of russia but also sergei lavrov who spoke to christiane amanpour. here's what he had to say. >> well, it ee's flattering, of course, to get this kind of attention for a regional power, as president obama called us some time ago. now everybody in the united states is saying that it is russia which is running the united nations presidential debate. it's flattering, as i said but it has nothing to be explained by the facts. we have not seen a single fact, a single proof and we have not seen any answer to the proposal which one year ago, almost one year ago, november, 2015 the prosecution prosecutor general's office conveyed to the department of justice to start professional consultations on cyber crime. >> let's get back to the facts.
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you deny this, the international community -- >> no, we did not deny this. they did not prove it. >> are you worried about the proportional response the white house says is going to happen? >> it's really -- it's n ee's nh speculating. if they decide to do something, let them do it. >> so russia denying but you would expect russia to deny. we heard on friday the u.s. taking the rare step of pointing the finger, naming and shaming russia for the hacks of democratic party e-mails. this is the judgment of the u.s. intelligence community. the other kinds of hacks that have been going on are of state election systems, voter registration systems, et cetera. it has been the suspicion that russia is behind those hacks as well. what's new today is you have u.s. investigators saying in public that russia is to blame for a specific hack in florida, the key state of florida where voter data would have been
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exposed so it's the judgment of u.s. investigators, u.s. law enforcement, u.s. intelligence and they wouldn't go public if they didn't have evidence that russia is behind both these categories of hacks and less than four weeks to election day i don't think we can underestimate the potential impart of this as you come to an election that, as you and i know well divides the country and as well you have the republican candidate in this election saying if he loses that something fishy must have gone on so real potential here to cause confusion and questions about the result of the u collection. >> it's a big deal. it's a big deal. jim sciutto, thank you. with all of that, let me bring in my panel, symone sanders is with us today, senior political strategist and hillary clinton supporter and john phillips, cnn political commentator, talk radio host, political columnist for the oc "register" and donald trump supporter. nice to have you both on.
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>> thank you. >> thank you. >> let me begin with a quote. i saw this today from a piece posting in the "new york times" this weekend, mark leibovich interviewed hillary clinton and this one line, final line of the piece says this from hillary clinton "i'm the last thing standing between you and the apocalypse." john phillips, how does it feel to have your guy being equated to the apocalypse. >> a little dramatic much there, hillary? this is the clan of attack she thinks will be most effective. she thinks by convincing voters donald trump will cause the end of human existence ooze we know it is the way for them to play it. that being said, donald trump's plan of attack on hillary clinton is that she is not a person that can be trusted and that's why these e-mails are so damaging to her because they show the duplicity, they show the fact she says one thing and does another, they show the fact she colluded with the dnc to wipe bernie sanders out in the primary and that's something he should be talking about. he should drop it with paul ryan
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yesterday and focus about nothing but hillary clinton. >> i want you, symone, to respond but let me address john's point in reading the e-mails. you were with the bernie camp and we heard so many times from bernie sanders it's rigged, it's rigged against me. here's an e-mail. "why not throw bernie a bone and reduce the super delegates in the future so if we give bernie this in the conventions rule committee his people will think they've won something from the party establishment and it functionally doesn't make any difference anyway." we've heard hillary clinton's response on the e-mails, yes, she said, over and over i've made a mistake but symone is that an answer that is good enough for the voter? >> you know what, look, i think again secretary clinton has been clear she made a mistake. i think we have to be careful about the wikileaks e-mails because wikileaks is a propaganda arm of the russian government and while some of the things that have come out in these e-mails have been concerning to some voters, let's be frank it's been concerning
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and it's interesting to read people's personal e-mails, i'm sure everyday regular people think that, it's criminal what julian assange is doing and we should be concerned that the russian are so interested in our elections the voters care about the issues for one and they care about their well-being and quality of life and that's why you heard secretary clinton describing donald trump as the apocalypse if you will because he could literally bring us to the brink of destruction in this country. this is a man that is unhinged, that you can bait with a tweet, somebody who could potentially have the nuclear codes so the stakes are high in this election and i don't think it's -- we laughed about it but it's not a laughing matter, this is serious business and secretary clinton is on the campaign trail talking about serious issues before before the american people meanwhile donald trump is reading russian propaganda at his rallies, come on. >> he is going after her on the
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e-mails and perhaps he'll do that more at some pro trump republican members of congress would prefer instead of going after their own party including the speaker of the house, john, on that note. this private conference call between house gop and the campaign manager kellyanne conway and essentially they were telling kel. >> kelli: -- kellyanne lay off our party and tell him to attack hillary clinton and kellyanne didn't have an answer. what do you think trump should do in these final weeks? >> i think they gave her good advice and she should follow that advice. >> you do? >> there's been an ideological divide within the republican party for some time. you go back to the 2010 election you saw that play out in the team wavtea party wave. those divisions have continued throughout this process so we shouldn't be surprised this is going on in the house of representatives. he's experiencing the same thing john boehner experienced before
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him but the focus should be on hillary clinton, her duplicity, those e-mails and why you can't trust her. >> but quickly if the focus stays, symone, on hillary clinton, there's a report in the "wall street journal," this is the tactic, this is what the advisor told the paper the tactic from the trump campaign is to go low in these final weeks and to dampen any enthusiasm democrats may have to show up at the polls. >> donald trump and his campaign can roll in the gutter if they want to. but the hillary clinton campaign and democrats are riding high. as michelle obama said, when they go low, we go high. as democrats we have things to vote for in this election and i'm excited and i think democrats around the country are excited. hillary clinton had her largest rally of the campaign yet in ohio the other day. folks are registering to vote. i'm hearing georgia and there have been reports that georgia could turn blue. we could not only elect hillary clinton to be the president of the united states but we could get a democratic senator from georgia, jim barksdale so democrats, we are riding high.
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>> can i make one comment on the russians. >> before he goes we should not normalize what's happening in the republican party. it's not normal for the republican nominee to be tearing down and waging a civil war on the party during a presidential election. this is unprecedented and unprofessional. >> go ahead, john. >> on the russians, brooke, i'm willing to admit i think it probably was the russians just as it was probably the north koreans with the sony hack but this also means they probably know what was on those e-mails on hillary clinton's private server when we had classified information, american national security was put at risk by her doing and that and that's a point trump should be hand zbllg that's speculation, brook, first of all, secondly, the russians interfering in our elections should not be a partisan issue. democrats, republicans, and independents alike should be concerned that the russians are right up in the middle of our stuff. we need them to get the heck out of our election and get the republicans focused on what's best for the american people and not supporting these criminal hacks from the russians.
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>> my takeaway -- go vote. go vote. john phillips, symone sanders, thanks, you two, very much. coming up, symone was talking about georgia. let's talk about the state of utah. typically a shoe-in for the republican party but have you seen the new poll? it shows a virtual three-way tie, i said three-way. trump, clinton and the independent candidate who shocked everyone today. we'll talk to him live next. ns. travel with my daughter. roller derby. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income... we could keep doing all the things we love. prudential. bring your challenges.
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that just tastes better. with more vitamins. and 25% less saturated fat. only eggland's best. better taste. better nutrition. better eggs. welcome back, you're watching cnn, i'm brooke baldwin. utah republicans may be revolting against donald trump as their party's choice for president because, take a look at this with me. new poll showing there is a virtual three-way tie between hillary clinton, donald trump and independent candidate evan mcmullin. mcmullin a mormon, late entrant to the race, utah, it's one of
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the few states where he will be on the ballot next month. so let's bring evan in live from salt lake city. evan, welcome back to the show. >> great to be with you, brooke. >> so when you saw these poll numbers, what surprised you more? that the reddest of the red states has hillary clinton tied with the republican nominee or that you, sir, are right up there with him? >> yeah, well, obviously we're very excited about it. we're on the ballot in 11 states and registered as a write in in 34. we'll be on 40 to 45 by election day so this is an important state to us but so is the broader is mountain west and other states in the country. we have spent a lot of time here. i was born in this state, this state rejected donald trump in the primaries as did other mountain west states by a large marg margin. people understand what good leadership is and is not so we're here making a case to
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utahens and getting our message out we're the only conservatives in this race, my running mate mindy finn and i and utahans are taking a second look and people are supporting us. clearly there's work to be done. >> awesome news for you and congratulations on that. just on the sliver of this that is hillary clinton, again, to my point, this is a red state, you see previous elections, it's been republican, republican, republican. do you think -- at the notion that you could play spoiler, evan, between donald trump and hillary clinton, which race would you prefer spoiling? >>. >> well, i'm not a spoiler, i'm a candidate like their candidates. i'm running for president just like they are. i have the same constitutional rights to run for president and we are pursuing those and i would say that donald trump is a spill other of conservatism and
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the republican party in the great state of utah. this is a state that should be won by a conservative, most likely a republican, but because his candidacy and he is a candidate that is so weak and flawed as we've learned, especially over the past week but i've been saying for longer than that, because of that he is performing terribly mandy and i are standing for fundamental ideals upon which this country was founded, the idea that all people are created equal, the ideal that we have the liberty to pursue happiness and have a right to life. the basic fundamental ideals and others in the constitution are what we're advocating for, no one else is doing that and this message is resonating not only in utah but elsewhere. >> congrats on the poll numbers, evan, and good luck, good luck, good luck to you and mindy. evan mcmullin in salt lake city, utah. >> thank you. up next, let's talk about
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north carolina. have you seen these pictures? parts of north carolina inundated after hurricane matthew. some people have gone five days now without power or tap water. let's go there live. yeah, then how'd i get this... safe driving bonus check? ...only allstate sends you a bonus check for every six months you're accident free. silence. it's good to be in, good hands.
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hurricane matthew is long gone but the aftermath of the storm's deadly devastation still permeates parts of the south. in north carolina, at least 19 people are confirmed dead, flooding from rivers surges threatens whole neighborhoods and the waters are continuing to
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rise. people in their homes trapped, waiting for rescue. others who have escape have had run off to shelters. many of them have lost everything. polo sandoval is in lumberton where a mother was trapped in her car with her five children. how is she? >> she's doing fine. she's one of the stories we have heard on the ground here in lumberton. it was one of the opportunity miss residents have to make it into their homes. some of the neighbors showed up with this boat, took it down the road here, down macon street -- apologize for the engine noise. but they made it down the street and removed what little they could. anything they could salvage and that includes their pet ferret who is, believe it or not, in the bed of the truck. but if you look at what we're seeing, remember, almost five days after hurricane matthew swept through the area people are still reeling.
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there are still people trying to get into their homes, we watched as firefighters were going house to house aboard small boats, they would look in a window and force a window or door open, clear it, make sure there was nobody inside and they would tie a little piece of caution tape on the door to make sure everybody knows things are okay and it is clear. people are still willing to stay in their homes, some houses are a bit higher, officials are not able to force them to leave they are okay to stay there but they're encouraged to leave. the main message, though, that people want to share with the rest of the country, there's an incredible level of resilience, spirits are high in spite of hearing news that 19 people have been confirmed dead in north carolina. that's more than half of the fatalities in the southeast that hurricane matthew is responsible for, brooke. >> under beautiful blue skies, polo. i'm sure those folks, including firefighters, haven't slept in
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days. polo sandoval in lumberton, north carolina. polo, thank you so much. next, a number of republican lawmakers threatening to strip house speaker paul ryan of his leadership position for not standing behind donald trump. the former rnc spokesman joins me live with how he thinks the party can survive this civil war.
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a lot of analogies being thrown out there, how about a bad breakup playing up in a public way. donald trump and speaker paul ryan's feud slowly dividing the republican party from within. now we're learning speaker ryan's own job could be at risk.
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some republicans are coming forward and essentially saying if speaker ryan doesn't fall in line and defend and support the party's nominee, donald trump, they may no longer support him, paul ryan. kevin sheraton is back with us, he served as a senior advisor on the 2012 romney/ryan campaign. kevin sheridan, awesome to have you back. we were in touch the past couple days over this and you said the real civil war could start no 9. what do you mean? >> well, i think there's this sense that the election might not settle the issue with the republican party and the republican party is going to have to do soul search r searching and figure out what it wants to be. there's a wing of the party that's more populist and donald trump has brought that to life. where that goes after the election, we still have to get through the election and i'm not ruling out the idea that donald trump could get elected so let's
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see what happens. >> as you shouldn't so this is interesting, you know paul ryan better than anyone we have on the show today so let me show our viewers this. this "usa today" survey finds a quarter of republican governors, senators and house members are refusing to endorse trump. that's 26% so it show this may not entirely be the paul ryan republican party. if you could crawl into his head and heart what do you think he's thinking in these final weeks? >> i think he's thinking he needs to focus on keeping the house and he's looking at tough numbers right now and he'll raises we've got to do everything we can in case hillary clinton is elected to be the bulwark against what a clinton presidency would look like god forbid and he's doing everything he can with the senate, as mitch mcconnell is doing. so i think, you know, donald trump was not his first candidate, he's not going to be attacking donald trump, he said his piece, he won't say anything more. i think you'll see him focused
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on continuing to win back the house. >> right, that's the focus. you remember from are when you were working with team romney and ryan and when romney lost there was the whole autopsy, the republican party autopsy post-election and after this election and again we don't know how it will go kevin, what do you think that autopsy report should look into? >> well, almost nothing came true that was in that autopsy report this time around. the republican party is going to have to figure out what it wants to be and there will be an active debate and paul ryan will be at the center of the debate and he's carry for the ideas he's stood for principled solutions for fighting poverty and economic renewal and we have to figure out whether or not that's the party we want to be or if it's a more nationalistic close the borders and close the
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borders to trade. you know we'll have to make tough calls and we don't know where the party will end up looking like post-november 9 but that's the day it begins to start that discussion. >> i know we don't have a crystal ball but i think you're smart so i'm going to ask you to look ahead post-election. i was talking to an rnc committee member who worked if two speakerships, both denny hastert and newt gingrich and he was saying to me he thinks post-election there will be three parties, the democrats, the republicans and the trump party. do you think that's far fetched? >> i don't think it's farfetched but i wouldn't go that far yet. there's going to be a very committed wing of the party if it continues to want to be part of the republican party, that's loyal to donald trump and some of his ideas and i think generally those usually come back and coalesce around one party but if we can't all get
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together again maybe the party splits, maybe it doesn't. i think we don't know yet. i would put my party on the party does come back in some way, shape, or form but we don't know what it looks like yet. >> glass half full, i'm feeling from you. kevin sheridan, thank you so much. talk again. >> you bet. coming up next, this mysterious legal drama playing out in florida. a man who served 20 years in prison for child abuse says he has new medical evidence to prove his innocence and his son is his biggest defender. his story next. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac.
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just five days from now one father could face a live-changing moment. jim duncan is serving 70 years in prison for a crime he says he did not commit. prosecutors stand by the conviction but new evidence may show duncan not only is innocent but that no crime was committed in the first place by anyone. jean casarez has been following this story for months and has the details. >> reporter: brooke, jim duncan was convicted of aggravated child abuse 21 years ago. prosecutors say he broke the
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bones of his infant son but duncan has maintained his innocence from the very start, even shooting down any possibility of a plea deal when his face first went to trial more than two decades ago. now with a new lawyer and what could be new medical science, duncan is hoping he will get a new trial. his lawyer is taking his case to the court of appeal next week, it's a story of broken bones that ultimately shattered many liv lives. >> we were in a waiting room and then some doctor comes in and starts screaming at both of us and saying that we hurt our child. >> the conclusion was that this was definitely abuse. >> all i could think about was, oh, my god, he's going to die in there, never see his kids.
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>> neither one of us hurt him. >> my name is james duncan, i was convicted of 13 counts of aggravated child abuse. i do not do this. i am innocent. i do not harm my son. >> reporter: the relentless florida sun beats down on the avon park prison for another day. for inmate james s. duncan, it may as well be eternity in hell. >> the whole prime of my life is gone. >> reporter: duncan, imprisoned at 29, is 21 years into a 70-year sentence convicted of aggravated child abuse upon his infant son cody. in the early '90s, the duncans were a happy family. 24-year-old jim and his wife rhonda just 21 were living in st. petersburg, florida, they
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had a two-year-old son named kevin. two years later, cody duncan was born february 8, 993. but as the weeks went on, rhonda realized something was very wrong with cody. >> i kept bringing him to the doctor and saying, you know, my baby is crying all the time. >> he wasn't using the left side of his body. >> so i called jimmy and told him that the doctor said take them to the emergency room, he goes okay, i'll meet you there. >> it was there life came crashing down when a doctor delivered some gut-wrenching news. >> he threw up these x-rays and said cody had 13 broken bones and a skull fracture. and they told me the police were
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coming so there was a detective and there were police. i really didn't know what was going on. i was a young kid. and these people ruined >> reporter: jim's mother celeste remembers it well. >> so there were three people designated as suspects. who were they? >> me, my son and rhonda. >> reporter: what did you say to yourself? what happened to cody? >> oh, yeah. i always thought i failed as a father to protect my son because i didn't know what happened to him. >> reporter: a mystery to the family, especially since cody didn't have any bruises or internal injuries to his soft tissue. what no one knew at the time, one person had stepped forward
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to police. that person, doris kivey. rhonda's grandmother. she told authorities she was an eyewitness to jim harming his son. >> i want you to start from the beginning of when you first had -- >> reporter: this is 1994 police video obtained by cnn for doris describes to detectives what she saw jim do. >> i walked in. he took the baby and did this with it. >> reporter: two days later police charged jim duncan with 13 counts of aggravated child abuse. there was only one problem. doris wasn't telling the truth. do you think jimmy was charged because of that lie? >> i do. yes. of course. >> reporter: members of the family say doris made up the story in a moment of panic to protect rhonda and keep the kids from being put in foster care because police would have their man. in an interview with cnn, doris, now 87, admits jim never touched
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cody. >> i said, i'll swear on my grave and everything else, jim did not hurt him. >> reporter: doris later recanted her statement to law enforcement. it was never used in the case. but the damage was already done. prosecutors moved forward to trial. jim was convicted on all counts and sentenced to 70 years in prison. and that baby at the heart of it all had his bones heal and he grew up. graduating from college last year. cody duncan is now 23 years old and says he knows his father was wrongly convicted. did your father abuse you when you were a little baby? >> no. i don't believe so. >> reporter: and you never had a doubt? >> i never once had a doubt that he hurt me. i don't believe it. >> reporter: if so, why, then,
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did infant cody have so many bone fractures? more than 1,000 miles away in springfield, illinois, radiologist dr. david ayub researches metabolic bone disease. the family believes he has the explanation of what happened to cody. >> the healing had already started at this point. >> reporter: the doctor is one of the main authors of a 2014 study. in the peer-reviewed paper ayoub and his colleagues looked at previous studies of infant fractures determined to be from abuse. their findings? those fractures very likely came from bone disease. these are the x-rays of cody's fractures from 1993. can you say to a degree of medical certainty that cody duncan about metabolic bone disease? >> absolutely. no question he had metabolic bone disease. >> reporter: ayoub believes he had infantile ricketts, a disease of early life in which bones do not mineralize
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properly. >> that's the exact description of fractures in children with compromised bone strength. many of their bones are weak. they're not fragile for a day or two. they're fragile over a period of time. >> reporter: he says babies with the disease have bones so fragile that even regular handling can cause a break. and those fractures, he says, are often misdiagnosed as abuse. this is a case of a wrongfully convicted man. no victim, no crime. this florida defense attorney is working to get jim's conviction overturned. she says dr. ayoub's research is new science and will prove cody fractures were medical in nature, not criminal. >> you petitioned the court. what do you want it to do? >> look at the new evidence. hear the testimony of the doctors, learn about the new diagnoses a diagnosis and science and grant mr. duncan a new trial. >> reporter: cnn reached out to
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trial prosecutor diane bailey morton. she declined our request for an interview. dr. mark morris was the head of the local child protection team. he examined cody and testified for the prosecution that cody's fractures were caused by abuse. he stands by his testimony. >> no alternative explanation, no history consistent with accidental injury, and then the type of injuries themselves. so if you put all those factors together, then you get the diagnosis of child abuse. >> love you. >> love you too. >> all right. bye-bye. >> bye. >> reporter: this is all cody has known for 20 years. two phone calls a week with his father. >> i wish i could talk to him in person. it hurts because i don't -- i just wish i could see my dad. >> reporter: cody duncan is leading the crusade to get his
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father's conviction overturned. jim duncan is now appealing to the second district court of appeal in florida asking for the chance to have the new trial. the appeal will be filed within days. brooke. >> let us know what happens, jean casarez. thank you very much. back in a moment. and try as much as you want of flavors like new parmesan peppercorn shrimp. just come in before it ends.
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my teeth are glowing. they are so white. 6x whitening*á i actually really like the 2 steps. step 1, cleans. step 2, whitens. every time i used this together, it felt like leaving the dentist office. crest hd. 6x cleaning*, 6x whiteningá* i would switch to crest hd over what i was using before. crest. healthy, beautiful smiles for life. cnn is partnering with first lady michelle obama and merrill streep for a special event tonight called we will rise. >> i'm so excited to be with both of you. >> usually when i hold it, i hold it like this. or like that. >> now you're just showing your thumb to the world.
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>> so i'm going to try to whip you guys into shape. we have to go into the hold to get ready for our conversation with these amazing girls here. we'll be joined by mrs. obama. we'll find out about you girls go through to make their hopes and dreams come true. >> we will rise tonight at 9:00 here on cnn. i'm brooke baldwin. thanks for being with me. now to jim sciutto and "the lead." trump accusing his own party of a sinister, behind his back deal. "the lead" starts right now. donald trump firing in all directions. war heroes, party leaders, doubling down on throwing his opponent in jail. a strategy so out there, could it work? hunt for red october. kremlin says accusations that russia hacked american emailings are flattering but ridiculous.