Skip to main content

tv   Anderson Cooper 360  CNN  December 11, 2013 10:00pm-11:01pm PST

10:00 pm
. and best selling author, tony robbins is helping the victims. good evening, the asiana crash that killed three people, and stunning information. did the pilot have the skills he needed to actually land the jet manually? and why were warnings immigrantiimmigrant i ignored? and the person who is being called a fake? we begin with the sentence handed out in a texas court that has stunned the families of four people who were killed by a drunk driver six months ago, the young woman was stranded on the side of the road, the mother and daughter had no idea that the decision to help out the
10:01 pm
stranded driver would prove fatal. neither did the youth pastor who also stopped to help. but a teenager who had been drinking heavily plowed into the group with his truck, that is the teen there. his lawyer didn't deny he was drunk when he mowed them downment they didn't contest any of the facts that the prosecutors presented. what they argued instead was surprising, their suspect, was a victim of his family's wealth. the judge agreed, and the teen that faced up to 20 years behind bars got no prison time at all. here is randi kaye. >> reporter: he got drunk and blue e plowed down four people, so he is too young to drive in any alcohol in his system. in this case his blood alcohol measured 4.24, three times the
10:02 pm
legal limit in texas, eric boyle's wife and daughter were killed. >> we had had over 180 years in life taken, future life, not 180 years lived, but 180 years of future life taken, and two of those were my wife and daughter. >> investigators say that tapes show couch and friends stealing beer from a walmart store in june, then they got drunk at a party. leaving there, police say couch gunned his pickup, going nearly 70 miles an hour in a 40. just about 400 yards down the street he slammed into holly and shelby boyles, who had stopped to help mitchell fix a flat tire. the youth pastor, brian jennings, had also stopped to help. all four were killed. he was tried as a juvenile.
10:03 pm
>> in one of the most bizarre strategies we ever heard of, attorneys for couch blamed the boy's parents that night, all because of how they raised him. a psychologist and defense witness testified the boy suffered from something called "affluenza." a life-style where wealth brought privilege, and there were no consequences for bad behavior. he seated one example where couch, 15, was caught in a pickup with a naked 14-year-old girl passed out. couch was never punished. he also testified that couch was allowed to start to drink at a very early age, even drive when he was just 13. prosecutors fought for a 20-year sentence, but the defense argued couch needed treatment, not prison. the judge agreed. and gave couch ten years's probation, plus time and alcohol rehab, no prison. she told the court she believes that couch can be rehabilitated if he is away from his family and given the right treatment. he will likely end up at this
10:04 pm
pricey center in newport beach, california. his father has agreed to pay the half a million dollars or so that it will cost. >> taking him away from his family and teaching him to be a responsible citizen, that is a consequence. >> a consequence? for killing four people. not even close, says this woman, whose daughter, brianna mitchell, died in the crash. >> he will be feeling the hand of god, definitely. he may think he has gotten away with something, but he has not gotten away with anything. >> randi kaye, cnn, factor. >> as you just heard, eric boyle's wife and daughter were killed after the car slammed into them. several teenagers were also hurt, one remaining paralyzed. eric boyles tells us he is now ready to talk. mr. boyle, thank you for talking to us at this unimaginable time for you.
10:05 pm
i'm so sorry for your loss. when you heard the sentence that was handed down that this young man received only probation for killing your wife, holly, and your daughter, shelby, as well as two other people, what went through your mind? >> i was unprepared for the sentence that was delivered. i knew we were talking -- i knew we were in juvenile court. we had hoped it would be treated as an adult. so we knew there were some restrictions. and we knew that even with a 20-year sentence that he would be eligible for parole in a couple of years. and frankly, you know, i was disappointed. i would have been disappointed even at a couple of years eligible for parole, because when you consider the victims that night, you consider four lives taken with 180 years of future life, not present, future
10:06 pm
life. >> do you have any idea that if this young man came from a poor family that the outcome would have been different? >> oh, absolutely, absolutely. my request to the court, my request to ethan was that, you know, he came from a life of privilege. his -- it's interesting, one of his -- one of his psychologist used the term affluenza which has been basically given -- he had been provided anything and everything in life that you could ask for and even when presented with difficult circumstances, or had been previously in trouble, this level of affluenza, money will take care of it was addressed. i, as well as other victims, expressed that look, we understand he's a juvenile. we understand rehabilitation has to occur, but let's face it, there needs to be justice here.
10:07 pm
>> let me tell you, as you know, the defense attorney said and i quote, there is nothing the judge could have done to lessen the suffering for any of those families. that is just not true. >> and here is why i disagree. for 25 weeks i've been going through a healing process, and so when the verdict came out, i mean, my immediate reaction is i'm back to week one we have accomplished nothing here. okay? this -- my healing process is out the window. >> does it seem to you that he is, in fact, getting away with murder? i mean, he's going to a $450,000 therapy facility, which sounds kind of like a spa. >> but it -- and that is --
10:08 pm
cooper, that is exactly the issue. but it's been that way all along. every time, every time the family has faced some level of adversity to ethan, they have either removed him from that situation, or they have indeed, somehow money has taken care of it. when the teacher confronted him for driving at 13, his dad pulled him out of the school. so, you know, ethan from 13 to basically 15 is just sitting there. he's -- by his parents' own admission is alcohol. there is drugs. >> that's the incredible thing. he has prior experiences with alcohol and the law. this is not -- >> that is correct. >> this is not his first offense, so you have a multiple offender that killed four people who is not going to spend any time in jail, simply because, i mean, it seems to me his family has money and is able to convince a judge well, you know, he's -- he doesn't -- it's not his fault. he's not responsible because the parents are responsible. so he doesn't have to take
10:09 pm
responsibility, oh, and by the way, they got so much money they are going to send him to a nice facility to get years of therapy. >> exactly -- exactly correct. so ethan's dad didn't see anything the matter with him. he made the indication, he's a great driver at 13. so he gets to 15. there are absolutely no consequences for what occurred that day. the primary message has to absolutely be that money and privilege can't buy justice in this country, that it's not okay to drink and drive and kill tour people, wound -- severely injure another and not have any consequences to that. that's not the -- that's not the american dream that we grew up to participate in, and i just don't understand it. >> neither do it. >> the term came up during this whole thing of affluenza and you first have to listen, did i hear what?
10:10 pm
because i never heard that term before, but after it was used several times, i think it's either a perfect for webster's dictionary. you're just talking about an indication where money, power, influence, affluenza has taken place through this whole process. >> seems like nobody on that side is taking responsibility for it, not this young man, not his parents certainly and i know it's difficult, obviously, for you to talk about holly and shelby. what do you want people to know about them? because i don't want them to get lost in this, focusing on this criminal. what do you want people to know about your wife and your daughter? >> well, i think it's worth mentioning that, you know, there were five real victims that night.
10:11 pm
you still have mr. molina who still is in -- who is paralyzed and receives daily care. no longer in a hospital, basically, in his parents' home, his mother quit work. his father is -- excuse me, his grandmother quit work to take care of him around the clock. you have breanna mitchell who lost her life that night. she was the original car stranded there. but holly and shelby, along with brian jennings, who was a youth minister, you know, holly and shelby went out first. i went out with them. was probably out there 30, 40 minutes with them. >> to help this stranded driver? >> that's correct, and helped, you know, breanna. it wasn't a simple matter as changing a flat tire. if that had been it, that would be a different circumstance. it was clear the car was going to have to be towed. her mother was on the way. police were probably going to need to be called. you know, holly and shelby, were
10:12 pm
strong in their faith and their family and their friends, and they were givers. there are some people in life that are givers and takers, and they were truly givers. it was clear that night that they wanted to make sure that breanna, who was 24, who was a little shook up. she was a little shook up about what had happened, and they were providing comfort to her, just like you know, i had two daughters. just like you would hope that someone would do for my family, my daughters, as well, and ultimately, they gave up themselves. we're proud of them for being the good samaritans that they were and ultimately they gave their life.
10:13 pm
>> mr. boyles, i am so outraged and sorry and i'm just -- i appreciate you spending some time with us tonight. thank you. >> thank you. >> eric boyles, whose wife and daughter were killed by a young drunk driver. a lot of issues to discuss, joining me now, dr. drew pinsky, and mark garragos, and sunny hostin. mark is a criminal defense attorney and sunny is a former prosecutor. drew, let me start off with you. have you heard of affluenza as a defense? >> no, it's disgusting. there is no such term.
10:14 pm
there is not an open diagnostic manual, it is a cute, clever twist of a phrase. the psychologist should be ashamed for bringing in the courtroom -- for bringing it in the courtroom, and more shameful is the judge falling for that nonsense. come on now, that's ridiculous. by the way, just because we in mental health understand the environment as parenting in -- in certain syndromes, as explaining it, it is not a justification. once a person gets to the point they are harming other people, just must be what is applied. not some nonsense about science that caused it. >> dr. drew, tomorrow i interviewed the therapist who came up with this term, and i'm going to play something he said tonight. we'll interview him more extensively tomorrow, because i
10:15 pm
think it's only fair to let him express his opinions on this. what this is what he said earlier, just before air time when i spoke to dr. miller. this is what he said about it. >> the things that are most important to this kid are instantly taken away. he will not have, and i send these people to facilities if people can afford it, and i wish everyone could afford this. i think it's a very, very good system that i know about. send them to places where they don't get women, these boys. they don't get xboxs. they don't have computers. they don't have the freedom to go where they want to go and have to work all week to watch a television program on the weekend. >> drew, what the doctor says is he wishes everybody could go to these facilities that needs treatment. >> absolutely. i don't disagree, anderson, with one word of that. you go to treatment before you kill people, not after. after you kill people, god help you it's up to the justice system at that point or at minimum, within the confine of say a prison and for extended periods of time like on the order of five to ten years, not one year. this is ridiculous. this is a travesty. >> sunny, what do you think of this as a former federal prosecutor, because there are plenty of people, teenagers with prior run-ins with the law as this young man had. >> sure. >> who get sent to jail as adults. >> they suffer from poor ends,
10:16 pm
when i grew up in the south bronx. i think there is something wrong with a system that works this way. the system failed in this instance. it actually flies in the face of everything that we believe in, in the justice system. because there has to be consequences to actions, and this young man -- >> but what the doctor is saying this young man is a victim of parents being irresponsible -- >> anderson, that's an explanation, not a justification. that's an explanation. >> i certainly agree that there is parental responsibility, and i've been a proponent of parents being held responsible for their children's actions. >> maybe -- >> if you let your kid drink in your home, you should be responsible if they do something. but let me say this, anderson. i believe that this sentence is borderline illegal, too lenient, unjust and i suspect the prosecutors will appeal the sentence. it's rarely done but i expected it will be done in this case. >> does this defense make sense
10:17 pm
to you? is it legitimate? >> i hate to rain on everybody's parade here and i know i'll get angry e-mails and everything else. the prosecution has no basis to appeal this. >> that's not true, mark. >> let him finish. >> they have no -- start yelling, sunny. look, everybody is going to agree with you tonight, sunny, so you don't need to yell. i'm going to take a position that is not going to be popular, but i'm going to tell you -- >> we have you here. >> that's why i'm here. >> sunny i'll yell, it's okay -- >> right. and drew can yell in the other room -- >> explain yourself, mark. >> drew, just wait for a second here and take a deep breath. the judge used the affluenza similar to dan white 20 years ago, the twinky defense. that's not the defense. that's not the legal defense. there is no such thing as the twinky defense and there is no such defense as the affluenza.
10:18 pm
what there is, a judge that took a look at this kid. this kid is too young. i wouldn't put him into a prison system where he wouldn't last 95 seconds -- i'm going to put him into rehab. >> he killed four people, mark. he killed four people. >> i understand that sunny, just keep yelling that. >> the fact, mark, you always -- >> i would finish the point but it would be a prosecutor gang bang. i know what i'm getting into. >> mark -- [ overlapping speakers ] >> how about extended course, five years, three years, why one year? >> mark, on this program you often argue that the criminal justice system is inherently racist, is inherently -- >> yeah. isn't this a case that -- >> and i would love to -- >> in your favor on this one. >> yes, and i would love to finish my point if i don't have sunny screaming in my ear he killed four people. >> go ahead. >> i can show you, i was about
10:19 pm
to get to, i can show you case after case after case where if this kid was not wealthy, if this kid was indid indigent, an some first year, god forbid, over worked public defender that just got into juvenile -- this kid would have been deemed probably fit for adult court who would have been put into a prison and killed within a year. that's what most people want and that's what they would have gotten. i'm telling you, i understand this completely. i've defended cases like this. >> is it just. >> there is nothing just about the criminal justice system. if you're looking for justice, you don't go into the halls of justice. it doesn't happen there. you go in there because all we do in the criminal justice system is we just man -- we move people in and out. that's all we do. we warehouse people. >> well, he's not being warehoused. he's not being ware housed and should be. >> warehouse in a nice place in new port beach. >> that's wrong. >> it can be wrong -- >> unjust.
10:20 pm
>> unbelievable, a judge who actually looked at the case, a judge who was familiar with the case made a decision. if you're going to say the judge was corrupt, then have ammunition for that -- but some judge listened to the facts of >> mark, doesn't this -- you this case. know, there is so much commentary how there is a separate system of justice. if you have money -- >> there is. >> isn't this a prime example of this? >> yes. >> you not only get better lawyers and doctors, you have your own defense which is being rich -- >> made up. understand something, i agree with you anderson and you're right, i always argue this and say it. there are two levels of playing fields, so to speak, it's not a different defense. this is just something that's cute that the media catches on to just like the twinky defense. all this is is a way to characterize what the kid's problem is, that the kid has never had any consequences. >> and still doesn't have any -- >> and still -- sunny, if you let me finish, i'll get there.
10:21 pm
>> you've been talking for awhile, a long time and saying the same thing over and over again. which doesn't make sense. you're saying that this is just, this kid kills four people -- >> i didn't say it was just. i told you you're not going to get justice in the halls of justice. >> this system is designed to make sure -- >> in the halls of justice -- >> there are no consequences -- >> what about -- >> this is sending a terrible message to other kids that suffer from affluenza and kids that suffer from poorenza that there is this inequality. >> sunny, you should know better than to just put out that. that is not the message that's being sent. >> sure, it is. >> there was a judge. there was a prosecutor there, who were there the whole time. obviously this judge, they have elected judges in texas. you think this judge is going to do this because he felt like oh, this is going to enhance my election prospects? >> she's retiring.
10:22 pm
she is not running for re-election. >> she's in her federal term. >> drew, to the doctor's point, it's not like the jail system is ideal for any treatment. >> this whole discussion is so demoralizing. on the other hand, let me propose something otherwise, which i've seen patients in other states, mark, i know you're in california. i had somebody in indiana, drug problems, behavior problems, ends up in prison and in prison has a five-year addiction treatment program, that's outstanding, a model program and she's suffering real consequences. she has prison guards on her 24/7 and making great strides -- going out to -- >> drew, it happens all the time. >> drew, you don't have that in texas and you don't have that in california. you have a crippled system in california. you have a crippled system in texas -- >> are you saying people -- [ overlapping speakers ] >> you guys are making me -- you're making my heart hurt with the story. but the fact is --
10:23 pm
let me say, whether we're advocating poorenza, affluenza i don't care, get help before you harm yourself or somebody else. there can be things in your life, you can have mental illness, things can happen. it can be poor parenting, bad family, get help. >> why not just give the 16-year-old the death penalty? i forgot the supreme court said you couldn't do that. >> maybe not the death penalty but certainly consequences for killing four people. >> you put him in prison, he's going to get killed. >> he killed four people. >> okay, we got to go. we'll discuss it more tomorrow and we'll talk to the therapist who came up with this idea, we'll talk to him about that. thank you. let us know what you think on twitter @andersoncooper. up next, new information about what was happening in the cockpit moments before the asiana crash in san francisco and i talk to a pilot about why
10:24 pm
sunglasses had something to do with the crash. and why the pilot said he wouldn't wear sunglasses because they were impolite. the sign language interpreter at nelson mandela's funeral, not really performing sign language, it's gibberish. i'll explain. [ coughs, sneezes ] i have a big meeting when we land, but i am so stuffed up, i can't rest. [ male announcer ] nyquil cold and flu liquid gels don't unstuff your nose. they don't? alka seltzer plus night fights your worst cold symptoms, plus has a decongestant. [ inhales deeply ] oh. what a relief it is. where their electricity comes from. they flip the switch-- and the light comes on. it's our job to make sure that it does. using natural gas this power plant can produce enough energy for about 600,000 homes. generating electricity that's cleaner and reliable, with fewer emissions--
10:25 pm
it matters. ♪ open to innovation. open to ambition. open to bold ideas. that's why new york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and grows more businesses... we're open to it. start a tax-free business at hmm. mm-hmm. [ engine revs ] ♪ [ male announcer ] oh what fun it is to ride.
10:26 pm
get the mercedes-benz on your wish list at the winter event going on now -- but hurry, the offers end december 31st. [ santa ] ho, ho, ho! [ male announcer ] lease the 2014 ml350 for $599 a month at your local mercedes-benz dealer. [knock] no one was at home, but on the kitchen table sat three insurance policies. the first had lots of coverage. the second, only a little. but the third was... just right! bear: hi! yeah, we love visitors. that's why we moved to a secluded house in the middle of the wilderness. just the right coverage at just the right price. coverage checker from progressive.
10:27 pm
well, as the ntsb investigates the asiana crash, the new video shows the plane skidding on the runway in san francisco after hitting a sea wall and then the crash landing. new information released by the ntsb shows that the pilots had warnings that the plane was descending too fast. >> this new video shows the asiana airlines crash in san francisco, now we know more about what was happening inside the cockpit. it is clear the plane was descending too quickly, and
10:28 pm
today we learned one of the pilots realized it. the cockpit voice recorder showed two seconds before the crash, the pilot called out sink rate, warning, the plane was dropping too fast. yes, sir, the pilot responded. and the warning was repeated twice, once in english, and finally in korean. the pilot at the controls was a trainee on the triple 7 but had substantial experience in other aircraft. he told investigators he was not confident in understanding how the plane's auto flight system worked and felt he should study more. he also said it was difficult and quote, stressful to land the plane visually without an instrument approach to guide them. but he felt pressure to do it because other pilots were. >> we do have an issue in aviation that needs to be dealt with with respect to automation.
10:29 pm
>> investigators questioned if the pilots relied too much on technology. the pilot flying thought the auto throttle, which is similar to one in a car, was engaged, but it was not. dramatically slowing the plane. >> ultimately, the pilots must make sure you have a safe flight path and you're responsible for that no matter what happens. >> the crash survivor, ben levy, took these photos immediately after the plane went down. like most passengers he didn't attend the hearing, saying he wants to focus on family and work. but he still hopes to find out what caused the crash. >> i have a sense of what happened. i just want to get to the bottom of it. and everything that went wrong that day. >> the ntsb investigation will continue for several months, a final determination of of the causes of the crash will come next year. and no one except a pilot can understand what it is like
10:30 pm
to be at the controls when something potentially catastrophe happens, and when the captain sullenberger landed a plane on the hudson, everybody made it out alive. >> captain, one of the co-pilots warned three times the plane was dropping too fast, no one noticed it was going too fast just before impact, how did something like that happen? >> they had help, which is to say they didn't have help. and that is one of the mysteries that the ntsb is going to have to answer for us, what other factors were in play? what will they do to widen the scope of the investigations on how the pilots were trained. how did the culture and their society, how did that play a part? how was it that a professional crew could get to the point where literally seconds before impact, and no one has
10:31 pm
effectively intervened. because ultimately the pilots are responsible for what happens, they should have a path that is appropriate and safe. and they should be able to manually land the plane, and if not they should go around and land the plane again. >> and korean culture deference is given to somebody, whether something is wrong. the pilot wouldn't wear sunglasses because of the reflection off the runway, because it is considered too impolite. is this a problem that has cropped up with other pilots? >> absolutely, yes, there were a number of accidents where this has been noted. so what has to be done to change the cockpit culture is to teach them how important this is. we fought a similar battle in changing the cockpit culture at american airlines, the united
10:32 pm
states american airlines about 25 or 30 years ago, where i along with other pilots in other airlines developed, implemented a leadership and team-building course to teach captains to be inclusive, to build a team, to listen to others to make decisions, to not be isolated. i don't know to what extent the foreign airlines are trained in these procedures. i also don't know if they even are trained. does their culture allow them to be trained that way? >> it is shocking, if the captain of the plane i was on had thoughts of well, i should be wearing sunglasses but it would seem impolite, or there is a senior instructor on board, so i will defer to them. that seems outrageous. >> and what we have to do and what has been done before, you have two sets of societal rules in cultures, where the hierarchy is so extreme.
10:33 pm
in general population it is appropriate to behave in certain ways and we understand that. but for safety reasons when you come to work and you get on an airplane, you have to do it this way, you have to be more inclusive. you have to listen to even the most junior person if they're bringing up a concern, and the most senior person, the captain, has to effectively act on this concern. >> the pilot said he was very concerned about making a visual approach on this runway, something he had not done on this aircraft before. are pilots becoming too accustomed to auto pilot? >> these concerns have been appearing anecdotally for years, but it is shocking to hear this in a public admission. what is interesting to me, the pilots may not be getting the type of training they need, and not enough chances to fly the
10:34 pm
airplane. and they lack the confidence, which then makes them reluctant to quickly intervene when something is not being done. >> good to have you on, sully. thank you. >> and the translator at nelson mandela's memorial service. the man you're looking at right now, the sign language interpreter is apparently fake, according to the deaf community in south africa. how did he get on that stage? and also, the trial of the newlywed who allegedly blindfolded her husband before he died. building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes
10:35 pm
investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. ♪ [ male announcer ] laura's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack, be sure to talk to your doctor before you begin an aspirin regimen.
10:36 pm
if you've had a heart attack, be sure to talk to your doctor every day we're working to and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger.
10:37 pm
10:38 pm
. welcome back, tonight, the deaf community in south africa is outraged, calling it a travesty, one played out in plain sight, you probably remember this guy, translating in gestures that were by all accounts, gibberish, and apparently he was a fake. south africans are outraged. >> reporter: he seemed to be gesturing with authority, signing to keep pace with the speaker. >> side by side, dreaming the same dream. >> reporter: but this sign language interpreter at nelson mandela's memorial, was apparently a fake. they claim he had no training, the signs he used were not african language signing. the federation says there are established signs for famous people in south africa.
10:39 pm
>> i think he even signed help, because this is a sign for help. or help someone, so who is being helped, it is not known, because the speaker has said the former president. and nowhere does the sign for him appear. and he should know that. >> the deaf community in south africa is outraged. >> he is a fake interpreter, and he has just been signing arbitrary signs. >> a deaf member tweeted during the ceremony, he is just making up. get him out of tv sight. if this man was a fake, was he a security risk? he stood inches from president obama and other leaders, the white house seemed uncomfortable talking about it. >> i would refer you to the south african government was about who the person was and what their responsibilities were. >> who is he? it is a mystery.
10:40 pm
the south african government won't comment, a spokesperson said the host nation provides everyone in the inner perimeter to the secret service 48 hours in advance so names, backgrounds can be checked. but some. >> being bad at your job is not a concern of the secret service. the concerns are is he someone that shouldn't be there because he has bad intentions? he is known to law enforcement? he is a security risk. >> johnson says it looks to him like those red flags did not show up in the background checks. did the secret service vet him? the agency tells us the agreed upon security measures between the secret service and south african security were in place, the secret service says the host country was in charge of the interpreter. brian todd, cnn. >> that is incredible, let's get the latest. anderson, breaking news tonight, nasa says there is a problem with the cooling system
10:41 pm
on the international space station. and a nasa spokesperson tells cnn's john zarella that one of two cooling pumps has failed. the spokesperson says they're working on the problem and the crew is not in danger. there are child porn accusations today against senator lamar anderson's chief of staff, he has been put on unpaid leave after his house was searched. in a statement, senator alexander says he is stunned and his office is cooperating with the investigation. the house has passed a bill that would take $13 million a year set aside for political conventions and instead use it for pediatric research at the institutes of health. the bill is used for 10-year-old activist gabriella miller, who before she died urged congress to do research for cancer. and an eclectic group, including miley cyrus and
10:42 pm
senator ted cruz. >> i don't know if those two names were said in the same sentence. up next, "crime and punishment," day three of the newlywed murder trial, a woman accused of pushing her husband off a cliff just days after they were married. a friend on the stand said she may have blindfolded him on that day. >> when we were coming up in the late '70s, ron burgundy got the lead anchor position because his mustache was bigger than mine. people found comfort in the mustached man delivering the news, i love my beard, but i would trade it for ron burgundy's mustache in a heart beat. treatment options and cost estimates, so we can make better health decisions. that's health in numbers. unitedhealthcare.
10:43 pm
you stand behind what you say. there's a saying around here, around here you don't make excuses. you make commitments.
10:44 pm
and when you can't live up to them, you own up, and make it right. some people think the kind of accountability that thrives on so many streets in this country has gone missing in the places where it's needed most. but i know you'll still find it when you know where to look. anncr vo: introducing the schwab accountability guarantee. if you're not happy with one of our participating investment advisory services, we'll refund your program fee from the previous quarter. while, it's no guarantee against loss and other fees and expenses may still apply, we stand by our word. so i deserve a small business credit card with amazing rewards. with the spark cash card from capital one, i get 2% cash back on every purchase, every day. i break my back around here. finally someone's recognizing me with unlimited rewards! meetings start at 11, cindy. [ male announcer ] get the spark business card from capital one. choose 2% cash back or double miles
10:45 pm
on every purchase, every day. what's in your wallet? i need your timesheets, larry! what's in your wallet? stick with innovation. stick with power. stick with technology. get the new flexcare platinum from philips sonicare and save now. philips sonicare. in "crime and punishment" tonight, day three, the trial of
10:46 pm
the woman accused of killing her husband, just eight days after they were married. she was accused of killing her husband, cody, the defense says it was an accident, the prosecution says it was murder. graham changed her story about what happened. the prosecution's theory was that graham blindfolded her husband on that cliff. kyung lah has more. >> reporter: cody johnson's friends arrived for the third day of his murder trial, with their grief visible and still raw. they testified jordan graham was not an overwhelmed newlywed who accidentally pushed her husband of eight days off the cliff, but a regretful bride out to kill. one friend said he asked to go golfing, he said he couldn't because "jordan says she has a surprise for me."
10:47 pm
including the step father who said the son also mentioned the surprise to him. the defense down played him. and graham said the surprise was just a barbecue with friends, but later that night, johnson plunged to his death off the steep cliff at glacier national park. graham's lawyers call the death an accident, that the couple was fighting and cody grabbed her, and she pushed him to his death. but others have another version, they say that graham wanted out of the marriage and plotted to kill her husband. the deputies say there was a black cloth found. prosecutors raised the theory that at the cliff, graham blindfolded her husband, possibly with the black cloth before pushing him in the back with two hands, face first. the prosecutors argued how the cloth was handled by the police,
10:48 pm
alleging contamination of evidence. >> she actually changed her story and stated she was at the house when cody left. and that she saw him leave in a dark colored car. so between the two days, the two completely different stories. and at that time, that is when i became suspicious and then actually went to the authorities. >> where she continued lying to detective corey clark. >> have you had many people lie to you? >> i don't want to talk about that. >> but he did talk on the stand, testifying graham created a fake e-mail account so she could send e-mails that would cover her tra tracks. jordan graham continued the lies to police, family and friends, until the fbi interrogation where she was shown this image. it is a snap shot at the entrance to glacier national park. at a high resolution picture, it
10:49 pm
is clear graham is a passenger in the car sitting next to her husband, putting her at the scene of the crime. >> kyung lah joins me from montana. so that surveillance picture shows her and her husband in the car, the last time he was seen alive. what was the reaction from the defense? >> well, it had to have hurt. i mean, even though they knew it was coming because it was in the evidence file, just because you are braced for the punch doesn't mean it doesn't hurt. what this does is it really shows two sides of the same person, the jury just yesterday actually saw her lie seamlessly to two different police. today, a totally 180 from her, so it is very difficult for the defense to recover from that. we spoke to the attorney who said he is looking forward to presenting her side. and stay tuned, today, we honor the people killed at sandy hook elementary school.
10:50 pm
but i can't just sit on my cash. i want to be prepared for the long haul. ishares minimum volatility etfs. investments designed for a smoother ride. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. [ male announcer ] if we could see energy...
10:51 pm
what would we see? ♪ the billions of gallons of fuel that get us to work. ♪ we'd see all the electricity flowing through the devices that connect us and teach us. ♪ we'd see that almost 100% of medical plastics are made from oil and natural gas. ♪ and an industry that supports almost 10 million american jobs. life takes energy. and no one applies more technology to produce american energy and refine it more efficiently than exxonmobil. because using energy responsibly has never been more important. energy lives here. ♪ energy lives here. before using her new bank of america credit card, which rewards her for responsibly managing
10:52 pm
her card balance. before receiving $25 toward her balance each quarter for making more than her minimum payment on time each month. tracey got the bankamericard better balance rewards credit card, which fits nicely with everything else in life she has to balance. that's the benefit of responsibility. apply online or visit a bank of america near you.
10:53 pm
well, this saturday marks the first anniversary of the day that changed life forever in the community of newtown, connecticut, on december 14, 2012, a gunman entered the sandy
10:54 pm
hook elementary school and opened fire, as you know, killing 20 children and six adults. tonight, we'll have a special report honoring the people of newtown. honoring the first graders who died. >> i was sure she was going to walk out. i did not understand the magnitude of the situation until about 2:00 in the afternoon. >> i was at work, and was driving back, and calling her. and asking for -- they said we don't have information. i'm like why am i getting better information from news radio than you, you're standing right there. i was about a mile from newtown when they came out and said 20 children were killed, six adults. and it struck me, and thank god it was only a mile from there because if i had had been driving on 84, i would have run the car off the road because it was such a disturbing, disconcer disconcerting moment.
10:55 pm
>> i answered the door, there was a s.w.a.t. team, they grabbed a hand or two and we fled out of the back of the school. >> she and her 15 first grader's all survived. three of the five first grade classrooms escaped unharmed that day. and the other two, a different story. >> they finally said if you're in this room and you're waiting, there is -- you know. >> you're loved one is not coming back. >> among the 20 children and six educators who died that day,. >> i think there is not a minute, not a second of any day that goes by where somewhere in my head i'm thinking i don't have my daughter, aviella, she
10:56 pm
is gone. that is always in my head. >> it is every second of every day that she is not with me, and that is enough. >> literally days after we lost her, we said we have to do something. it is just in our nature. >> it may have even been that very day. i remember asking why would somebody walk into the school and kill my child? i need to know that answer. i have to have that answer. >> do you think there is always a why? >> because we don't know the answer doesn't mean there is not a cause. >> yes. >> even before avielle's funeral, her parents set off on a mission to honor her by searching for answers. they were not the only ones. >> you know, we can't go back in time but we can take what we have learned and honor our daughter by doing something with it. >> we're faced with, do you want to do something or do you want to do nothing? and there is no question.
10:57 pm
♪ ♪ ♪ [ male announcer ] everyone deserves the gift of all day pain relief. this season, discover aleve. all day pain relief with just two pills.
10:58 pm
every day we're working to and to keep our commitments.. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world. in fact, we've invested over $55 billion here in the last five years - making bp america's largest energy investor. our commitment has never been stronger. i need you. i feel so alone. but you're not alone. i knew you'd come. like i could stay away. you know i can't do this without you.
10:59 pm
you'll never have to. you're always there for me. shh! i'll get you a rental car. i could also use an umbrella. fall in love with progressive's claims service.
11:00 pm
and that is it for