tv Legal View With Ashleigh Banfield CNN May 9, 2014 9:00am-10:01am PDT
the valencourts, all three of you, please keep in teach with us. best of luck. much luck to all of you. kelly wallace, thank you. that's it for us at this hour. what a great way to go into the weekend. >> have a great weekend, a great mother's day. "legal view" with ashleigh banfield starts right now. >> donald sterling does it again. another jaw-dropping recording. in it, the embattled nba owner says it was sexual desire that drove him to make racist remarks. 'cause that's attractive. so who's buying this excuse, anybody? buehler? speaking of buying, sterling's estranged wife shelly says she wants to keep a 50% ownership in the clippers and bring in investors to buy out her husband's half of the team. so coaches, players, fans, how's that going to work out for
ya'll? later this hour, murder mystery in georgia. an 88-year-old man's mutilated body found in his home in his posh lake side resort. no sign of his wife. also no sign of the man's head. so far, not a clue to go on. hello, everyone, i'm ashleigh banfield. it is friday, may 9th. welcome to "legal view." you may have heard the l.a. clippers are home tonight for game three against the thunder, but how can the nba keep the focus on basketball? when we, instead, have this. more explosive and sometimes salacious audio recordings released by radar online. and in the recordings, the clippers owner, donald sterling, is now explaining that now infamous racist rant. his excuse? he was just trying to have sex with the woman, v. stiviano, and that could make a man say just about anything. i'm not kidding. take a listen.
>> but i'm talking to a girl. i'm trying to have sex with her. i'm trying to play with her. what can -- you know, if you have sex with a girl and you're talking to her privately, you don't think anybody's there, you may say anything in the world. what difference does it make. then if the girl tapes it and releases it, my god, it's awful. who thinks anybody's going to tape something? what the hell? i'm talking to a girl. the girl's black. i like her. i'm jealous that she's with other black guys. i want her. so what the hell -- in private, tell her, you know, i don't want you to be with anybody. i mean, do i have -- am i a person? do i have personal freedom of speech? i wish magic johnson was talking to a girl. and you're trying to play with
her. and you might say anything. i would have said i could fly over, over a high-rise building if i had to. and you're talking to her. and then you go away. and the next thing, three months later, what you said when you were hot trying to get her, is released. i have a girl here who has black kids, and is partly black, i think, myself. i love the girl. and so she's telling me, you're wrong. i know i'm wrong. what i said was wrong. but i never thought the private conversation would go anywhere. out to the public. i didn't want her to bring anybody to my games because i was jealous. i mean, i'm being honest. and -- doesn't matter. no one's gonna hear it but you and me so -- >> and you and me. we heard it too. i want to bring in my panel. cnn legal analyst danny sevel
is, former attorney. and also sports journalist terrence moore. i've now heard that tape about three types since 6:00 this morning. each time i hear it, my jaw still drops. it's just more of the same evidence. whether it's actually evidence or not. but will this have any impact? will this make any difference? >> well, i mean, first of all, ashlei ashleigh, let's forget the racist part for the moment. donald sterling has to do a better job of picking girlfriends and friends, quote/unquote. people who are -- >> i was there when i saw the picture with the visor, my friend. >> yeah, it's unbelievable. but that's bad. i'll tell you what's worse is what you alluded to. what's going on with the clippers. these are the good old days literally for the clippers. "usa today" yesterday pointed out that they are now the fourth most likable team in the nba because of all this mess. you know, by the different
metrics they use. but you've got this going on with donald sterling, who is, you know, very similar to watergate. 40 years ago. we had the nixon tapes. we're still getting revelations. this is never going to stop. then you've got shelly sterling, the wife who wants to hold on to the ball club. and we already heard from doc rivers, the head coach, saying this is not good. so this is a very bad situation for this team that's trying to beat a very good oklahoma city team in the midst of all of this mess. >> so, ironically, you're -- i'm just curious as to whether the worst it gets for donald sterling. can't a case be made that the better it gets for these players? who ultimately, if the nba is trying to oust him, need to say that his behavior is having a negative effect on the business of the team. and i'm starting to wonder if maybe he could spin that the other way. >> well, i hear what you're saying, but i think not. let's look at what happened in the last game between oklahoma
city and the clippers. they got blown out, okay. a lot of that had to do with kevin durant and russell westbrook, you know, coming back from the dead. but it also had to do with all the stuff that's swirling in the wind. you got to realize something about professional athletes. outside of the extremes of perhaps a durant or lebron james, all of these guys are within seven or eight degrees of each other talentwise, so any kind of distraction can be very, very bad. so here we've got this soap opera going on that could be on the oprah network. this could not help you. >> or cnn. >> or cnn. >> intangible -- look it, my rangers just lost two home games so the intangible in this, you can't measure what it is that makes the team lose. but let's throw it to the legal guys. because there's so much about this that can be made legal. and there's so much about this that can be brushed off as not fair, not legal. paul, let me start with you. the bylaws are clear. if you do things in the conduct -- this is my wording --
that has an adverse effect on the members, the team, the players, the league, you're out. that can be very broadly defined. >> well, you know, we've got a missing element in all of this. because we don't have all of the documents. i have to tell you, the document you're referring to, i know you know it very well, section 13-d of the nba constitution -- >> look up, look up, i never let it leave my side these days. it's very clear. >> no, it's very vague. >> you lawyers. >> because 13-d says that if you violate a contractual obligation that causes a detriment to your fellow owners, players, so on, you can be terminated. now, where in that contract -- >> is the contractual obligation? >> -- it doesn't say that any place -- >> because the way he talked, and i'll get to the business of where he did the talking, private or public, is a violation of the constitutional requirements to conduct business in a reasonable and ethical way.
danny, you and i have talked about this a lot. when you're a public fig, and i'm sorry, that man has made his bed. he takes out ads. he is part of the widgit. if he does that stuff in private, it's still the widgit that takes the hit. correct or not? >> that's contract law for you. that's your interpretation. you can make the argument. it is cogent argument that if you affect the business, then you can be disciplined. on the other hand, there's a really strong argument for -- these bylaws were designed to deal with teams that are in financial trouble. and it seems to me that you can -- when you get into the world of arguably, arguably, arguably. that this is something that damaged the business. well, then, anything potentially damages the business. and i think the way the constitution was written, this provision for ousting an owner has to do with when teams are in economic trouble. when they're having trouble making payroll. >> a bunch of sponsors flew the coop, albeit temporarily.
>> let me add something -- >> quickly, because i -- >> missing piece, moral's clause. the press reports there are other documents. >> yes, that's -- >> i'm bettings that moral's clause -- >> quickly. i got to get terrence in, last word here. you heard it along with the rest of us on that tape. i'm wrong. i know i'm wrong. >> exactly. >> i suppose -- look, the issue is, i work for cnn and they rely on me being squeaky clean. even if i do something private that's naughty but not illegal, i risk losing my job. it's the bed i make. isn't it the same bed all these privileged owners make? it's a privilege to own a team, not a right. >> one quick thing nobody's mentioning. even though the nba commissioner says this suspension and removal of the team has only to do with the racist comments, don't believe that. this has to do with the totality of thirty-something years of him being a bad guy. if you take the totality of
everything involved here, then you go through the different clauses and they all apply. >> i don't do anything bad in my private life. i just want everyone to know that, including my boss -- >> just watch who you talk to. >> you're right. i always assume everything's bugged. that's just the way i live my life. i prosecute my life with extreme caution. terrence, good to talk to you. you're one of our great voices of reason. and the brilliant attorneys. they do have a lot more. the conversation shifts to the lady. not the lady friend, the lady wife. mrs. sterling. because she also has a stake in the clippers. and she says she's got no plan to let her talons off that team. nope, our panel's going to weigh in on this. the potential legal fallout. whether she's got the right to to this or whether she needs to sit on the sidelines and watch the whole thing slip away. that's coming up next. ♪ honey, we need to talk. we do?
i took the trash out. i know. and thank you so much for that. i think we should get a medicare supplement insurance plan. right now? [ male announcer ] whether you're new to medicare or not, you may know it only covers about 80% of your part b medical expenses. it's up to you to pay the difference. so think about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they help cover some of what medicare doesn't pay. i did a little research. with a medicare supplement plan, you'll be able to stay with your doctor. oh, you know, i love that guy. mm-hmm. [ male announcer ] these types of plans let you visit any doctor or hospital that accepts medicare patients. and there are no networks. is this a one-size-fits-all kind of thing? no. there are lots of plan options. it all depends on what we need and how much we want to spend. [ male announcer ] call now to request your free decision guide. it could help you find an aarp medicare supplement plan
that's right for you. what happens when we travel? the plans go with us. anywhere in the country. i like that. you know what else? unitedhealthcare insurance company has years and years of experience. what do you say? ♪ i'm in. [ male announcer ] join the millions already enrolled in the only medicare supplement insurance plans endorsed by aarp. remember, all medicare supplement plans help cover some of what medicare doesn't pay and could really save you in out-of-pocket medical costs. you'll be able to choose your own doctor or hospital as long as they accept medicare patients. and with these plans, there could be low or no copays. you do your push-ups today? prepare to be amazed. [ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long.
donald sterling may never be a big shot in the nba ever again. but a sterling may still be in charge of the los angeles clippers. because lawyers for shelly sterling, his wife, they call her a, quote, passive owner. watching from the bleachers in absolutely no say with what does what on the court. some people say the wife and husband might as well be the same husband. why? here's stephanie elam to explain. >> reporter: as the los angeles clippers continue in the playoffs, shelly sterling has been at many of the games. she owns the team 50/50 with her husband donald sterling. the man whose racist rant has led to him be being banned from
the nba for life. >> mrs. sterling has announced in his strongest term possible her husband's racist comments. >> reporter: shelly sterling is the only sterling we've heard from on the record. her lawyers have released statements regarding the clippers on her behalf. and her lawyer says she's running the team without donald. and now we know shelly sterling has no plans to sell her stake in the team. her lawyer says she's running without donald. >> they've been estranged and not living together for over a year, okay. and while they share business, you know, business properties, he's out of the team, has nothing to do with it, and sheebs the oshe's the owner in charge. >> reporter: nba commissioner adam sill version deliberately or not, did make it open for shelly to own the team. the clsterlings own the clipper through a family trust. >> this ruling applies specifically to donald sterling and donald sterling's conduct
only. >> she sees her role as an owner but less involved in the day to day? >> a passive owner, not involved in management. not involved in deciding what the trades are. just retaining for now a 50% interest that she spent three decades nurturing. >> fact of the matter is, you cannot separate donald sterling from shelly sterling. anything shelly sterling still makes from the clippers will go to donald sterling. >> reporter: her behavior may also be a factor. in this video from a former tenant, shelly sterling is caught on video posing as a health inspector. a former tenant of the sterlings testified shelly sterling called him a black m.f. >> those were depositions. they're one-sided. nobody's asked for her position. i will state it categorically. she has never, ever engaged in discrimination of a race, sex,
orientation, anything like that. mrs. sterling and her husband were sued. they've never been found by a court to have engaged in discriminatory housing practices. some cases were settled by the insurance companies. >> reporter: even though those cases were settled, the court of public opinion may still find her guilty by association. and make her fight for the team even harder. stephanie elam, cnn, los angeles. >> so you just heard that attorney, brian claypool, saying a sterling is a sterling is a sterling. kind of like a rose by any other name. shelly or donald, is there a difference? joining us now is elsie granderson from espn. elsie grandgranderson, how does league, how do the other owners, journalists like yourselves in the business of sports, view mrs. sterling? are they one and the same? the whole kit and ka bootle
including all the racism and uglines ugliness? >> absolutely. you know, ever since, i would say 2005, 2006, when journalists really started to pay attention to what was going on with the department of justice and the sterlings. looked at the allegations. looked at the settlements. specifically nba beat writers who were aware of this development. they view that couple, that family, as one and the same. so any kind of shell game that shelly would like to play in trying to distance herself from her husband really isn't going to fly with the people who have been paying attention. and now because of social media, now because of these audiotapes, the general public is starting to pay attention so that's going to make the task more difficult. >> if this has been going on at the extend it's been going on since 2006 where we've had affidavits and allegations against that woman suggesting she is racist. affidavits aren't proof. they're just someone's opinion on the record. let's be clear about that. why then hasn't it had an
adverse effect on, say, the franchise? is it just one big fat tape that got a lot of cable news play that started to have the adverse effect? >> well, you know, there's a couple of factors that kind of deflected our attention from the clippers. number one, they were a horrible franchise. they were horribly run. they weren't winning. we weren't paying attention. the lakers particularly during that time that the department of justice investigated the sterlingings were winning championships and were in the finals. the general public's attention when it came to nba in l.a. was the lakers and not the clippers. also, you have to remember, we were in the heart of, you know, dealing with the iraq war. and so any attention left after talking about, you know, the l.a. lakerses should have been, rightly so, focused on the war on terrorism and the iraq war. >> let me get to the heart of the marriage matter. danny and paul, this is where you guys have to get in on this.
here we are, all surprised at the complexities of the fact that donald sterling has a wife and the wife is estranged and there's a mistress and what happens if you need to extricate one of the marriage party from this very fancy private agreement from the nba? it is not the first time rich men with rich wives have been to this rodeo. it's not the first time these people who drew up this contract have been to this rodeo. look at a few of the power couples who bought into teams we researched just this morning. will smith and jada pinkett-smith, they brought a minority stake in the sixers. marc anthony and jennifer lopez bought a small stake in the dolphins. gloria estefan also bought a minority stake in the dolphins. if you're buying a team, you're very rich and there's a potential for ugly mccourt-like separation. something to factor in the fact
the wife can cause a problem. >> we can talk about the default rules of property distribution. those apply to the rest of us. those don't apply to the titans of industry like donald sterling and the nba owners. because what they do is bypass those rules by entering into trusts, all these different vehicles, to protect their assets. for us to guess at what the true ownership is based on the default rules is really an exercise in futility. it's going to be governed by the documents and the actual contracts they entered into it. >> paul, that's exactly it. danny just said it. he hit the nail on the head. the guesswork going on now. look, i'm an idiot here. i would know not to allow two people to have a say in one membership on a special board like that. >> don't be so sure. i got to disagree with what danny -- and maybe even you, ashleigh, on this. because her lawyer says that she is listed as the 50% owner of this team in the document that
specifies who are the members and owners. now, if that is the case, she will make a compelling argument that they don't have her making racist statements. which is why i think in the end they're going to look at the big picture here. what's been the conduct of the sterlings as joint owners through the years. if she's a 50/50 owner, she knew exactly what was going on with her husband and she tolerated it so she shares the guilt. lawyers call it joint and several liability. when the other guy's causing problem, you've got an obligation to step in. i think they even have a theory to deny the team to her. but in the end, this is a $675 million asset. they're not going to let it go very easily. >> no. >> is this really the business the nba wants to get into though? >> amen. >> background checks and morality police? >> that's why i said they probably -- >> that's not what they signed up for. >> they have a lot of prophylactic measures in there to stop this before we get to that. that's my assumption anyway. i know full well people got
divorced. 50/50 shot. danny sevalis and paul -- i'm just try to figure out who his coming up next. lz, i'm going to let you go. danny and paul are going to stick around for the next block. v. stiviano is still an issue here. we don't know whether she really did that recording secretly or whether she says it was on the up and up with him. but guess what, that may not be the only problem for her. the irs may be what's next on her plate. remember that whole bit about he was paying me under the table? word to the wise, girlfriend, don't say that when you're on recordings.
she was on the payroll, but apparently, quote, off the books. that's what v. stiviano told the world about her business relationship with donald sterling. it wasn't a secret recording either. it was actually something she knew would last, would have -- and it may have drawn the attention of the irs. uh-oh. now, more. >> can we talk to you? >>. >> reporter: v. stiviano, sterling's enegg matic gal pal made headlines for being on the receiving end of the racist rant. she told barbara walters it was just an innocent chat between frie friends. >> i'm mr. sterling's everything. i'm his confident. his best friend. his silly rabbit.
>> reporter: while stiviano may not have broken the law, she may have run afoul of the irs. >> does he pay you? >> yes. >> he pays you as an employee? >> he doesn't have me -- at first started paying me as an employee, and then he started paying me off the books. >> reporter: off the books? how could the owner of the clippers, a man worth $1.9 billion, pay someone off the books? is this a red flag, possible red flag for the irs? >> the connotation is this is income being paid to someone and it's not being reported anywhere. >> reporter: there are allegations that donald sterling was even more generous with his silly rabbit. his wife, shelly sterling, sued stiviano, claiming her husband transferred at least $1.8 million to donald sterling's everything. >> if you have an
employer/employee relationship and compensation is paid and not reported to the irs, more importantly, if the payroll withholdings are not remitted to the irs, it's a serious situation. >> reporter: sterling alleges her husband gave stiviano fancy cars, a ferrari and two bentleys. >> an employer can pay an employee with many types. there are still subject to withholding rules and w-2 reported as compensation. >> boy, i wish cnn paid in ferraris. it's great you cleared that up. that gifts like that are considered income. they are considered reportable assets, et cetera. is this the kind of potato the irs is interested in? >> when you talk about saying something like, "i got paid off the books" on national television, you can't getway with someone not paying attention. the cpa i talked to, said, oh,
goodness, was watching, and who says that on national tv? is the irs watching? we don't know. >> she also happens to have been a cpa as well, masters in account, so you know what you're talking about. it is not just the implication of v. stiviano and what she said to barbara walters, it's implicating sterling as well. >> you're right. what you would have if she was indeed an employee and was paid off the books as an employee/employer relationship -- we see it on a pay stub every time we get paid. there are certain taxes that have to be withheld. we're talking about federal income tax, fica, social security, and in the state of california, there's also state income tax that has to be withheld. so that's the responsibility of the employer. the penalty -- >> after that interview, donald sterling added another legal member to his team, right, rosa? >> because these recordings are so conflicting because if you think about it, the wife is coming out and saying these are gifts.
stiviano is coming out and saying, i'm clearing my name, i am not a mistress, i'm an emp i employ employee, being paid. >> hope you paid your taxes, girlfriend. thank you, rosa. nice to have you. nice you have that extra expertise as well. after the break, another story that is rather remarkable. a texas judge who gave that rape subject an unusually light sentence and probation. and then also called the victim per m per miss cuse. she's been overruled by a second judge. they can do that? turns out yes and no. we'll tell you what was changed and what could not be changed after this. ♪ ♪ (vo) oh. my. tongue. finally. (announcer) all-new friskies saucesations.
(agent) i'll walk you guys through every step. there are a lot of buyers for a house like yours. (husband) that's good to know. feel like a knot. how can i ease this pain? (man) when i can't go, it's like bricks piling up. i wish i could find some relief. (announcer) ask your doctor about linzess-- a once-daily capsule for adults with ibs with constipation or chronic idiopathic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. it helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain especially with bloody or black stools the most common side effect is diarrhea, sometimes severe. if it's severe, stop taking linzess and call your doctor right away.
other side effects include gas, stomach-area pain and swelling. bottom line, ask your doctor about linzess today. crestor got more high-risk patients' bad cholesterol to a goal of under 100. way to go, crestor! yeah! getting to goal is a big deal, especially if you have high cholesterol plus any of these risk factors. because you could be at increased risk for plaque buildup in your arteries over time. so, when diet and exercise aren't enough to lower cholesterol, adding crestor can help. go, crestor! ♪ ♪ oh, yeah [ female announcer ] crestor is not right for everyone, like people with liver disease or women who are nursing, pregnant, or may become pregnant. tell your doctor about other medicines you're taking. call your doctor right away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine, or yellowing of skin or eyes.
these could be signs of rare but serious side effects. crestor! yes! [ female announcer ] ask your doctor about crestor. if you can't afford your medication, astrazeneca may be able to help. a lot people thought a young texan got a real pass after raping a fellow high school student at school back in 2011. sir young is his name. he admitted he did it. wrote it all down. the judge who oversaw his trial gave him a very light sentence. very little jail time. really almost none of those probationary terms you typically see. the judge did order community service. at a dallas rape crisis center. understandably, the counselors there were astounded and refused to have a rapist in their midst. is it the end of the story? hardly. as we hear now from cnn's gary tuchman, sir young had not seen
the last of the dallas courts. >> reporter: sir young was 18, legally an adult, when he acknowledged raping a 14-year-old girl. a judge gave him only 45 days behind bars. an unusually lenient probation terms. now he's before a different judge. >> your previous court gave you a second chance. do not expect a third chance from this court. >> reporter: dallas county judge carter thompson making clear he disagreed with fellow judge jenin howard when she ruled he could be around children and could have access to pornography if he chose. this judge changed all that. >> you have to live up to over condition of probation. >> reporter: while her sentencing raised eyebrows, judge howard made some stunning comments last week. she recused herself from the case and told the dallas morning news the 14-year-old wasn't the victim she claimed to be. she also said young is not your typical sex offender.
judge howard would not make herself available for an interview at the courthouse. so we went to her house. the man who answered the door told me after he slammed it shut "hell no." the victim's mother who wants her identity protected says she is hurt and angry at the original judge. >> i felt as she was unethical. inmoral. the things she said, you know, some things you just don't do. some things you just don't say. especially when there's a child involved. >> reporter: she says her daughter has good days and bad days but they're grateful the judge changed the probation conditions. the victim is now 17 years old. a high school junior. an accomplished dancer who plans to go on to college. she will now go on with her life. as will sir young, who only has a few weeks left behind bars. i'm gary tuchman, cnn, dallas.
>> time to bring back danny seveles and paul callan on this one. i think a lot of people are surprised and don't understand why it is when there's a perceived injustice at the hands of a judge you can't just resentence. why can't you just bring in a judge and resentence? because this wasn't a resentencing, it was a probationary change. why is that? >> the whole idea of u.s. government is the judiciary is an independent branch inmmmune from political pressure and a good judge is supposed to do the right thing which is not always the politically popular thing. just because a public's opposed to a sentence, you're not going to bring a new judge in. >> in montana, there was outrage. that judge, who had sentenced a child rapest to just a matter of days, that sentence -- >> well, if it's an illegal sentence, then other judges can come in, an appellate court can come in and change the sentence. >> there's nothing illegal about what judge howard did? >> it's totally legal. >> if it's within the statutory
and the sentencing guidelines and it's a legal sentence, then the prosecution has no comeback. a lot of people say, why don't the prosecution, why don't they appeal this? prosecutors can appeal in much more limited circumstances than defendants. defendants can and are encouraged to come up with everything under the moon they can to appeal. prosecutors cannot appeal a sentence, especially if it's a legal one. >> but they had leeway at least to bring a second judge in after she recused herself, to have a second judge come in and levy some incredibly strong words from the bench and change the probation. >> it's within the original sentence of probation. >> that new judge can't change the sentence. that judge is simply saying, well, you got probation and i'm going to enforce that probation against you. >> probation is very loosey-goosey that way. >> less anybody think probation is a walk in the park, you have a few words. >> people often think probation is a slap on the wrist. what they don't understand is for a lot people who are convicted of a crime, the obstacle course of probation
almost assures that a lot of these people will be right back in prison. they're going to violate. they're going to go before what we call the back judge, the judge who gave them the probation, and what kind of mood do you think a judge is in if they give someone a second chance and that same defendant is now back before them for a violation of probation? >> on the other hand an 18-year-old who rapes a 14-year-old. doesn't deserve probation. he deserves substantial time in the slammer. >> if you don't like the sentence, don't take it out on the judge, take it out on the legislature and change the sentencing guidelines. >> judge could have given jail. the judge's decision not to give jail. >> from what i understand, judge howard is up for re-election in the fall. as i understand, she is running unapposed. >> write-in candidate. >> got a case here that even shows like "csi" and "forensic
now you could have done it twice. this is awkward. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. people in a small georgia town are dealing with an enormous tragedy today. it's also a very strange mystery. these two people marry and both almost 90 years old. the husband is dead. his wife is missing. people in the community are beside themselves other this because the details from the crime scene are -- there's no other way to put it, they're sickening. they're more like a columbian
drug lord's revenge killing. cnn's victor blackwell is working his sources. describe this with terms as couched as possible for our audience. this man, it's not just how he died, it's how they found this crime scene. >> absolutely, ashleigh. the details are indelicate so i'll be as delicate as possible. he was found tuesday by friends in the garage of this home decapitated. 88 years old. his name is russell dur mont. his 87-year-old wife missing. her purse, cell phone, still inside the home. the whereabouts of his head, as the sheriff said, where mrs. dur mont is and the killer still all unknown. those searches are happening now. i just had a conversation with the deputy coroner in putnam county. he tell, me the autopsy on mr. durmont is complete. manner of death, as expected,
homicide. cause of death, here, cerebral cranial trauma. whatever killed him happened to his head. but there's still the question, was it trauma to the head, was it a blow to the head before the cap tation that killed him? or was it the decapitation itself that killed him. also, the toxicology reports still not back. i asked, is it possible if there was some chemical involvement, was he drugged possibly before the decapitation. i've been told they ruled nothing out. still, one more thing, the person -- the i.d., the confirmation this is russell has not been confirmed 100%. they're virtually certain but right now a latent fingerprint technicians are working with fingerprints taken from his navy record, that file, to determine if this is his body, although, again, they are virtually certain. >> it is just unconscionable.
beheaded. his wife missing. 88 years old. and that autopsy. results of an autopsy saying it's the cranial finding is remarkable. keep us posted on what they find. unbelievable. victor blackwell reporting for us zbllive. in the pistorius murder trial, that case had contentious moments today. something very strange. that's the judge in the middle of your screen. she's off the bench. what is she looking at? what is she trying to determine here? i can give you this hint, that's the door through which reeva steenkamp was shot dead. the details next. in pursuit of all things awesome, amazing, and that's epic, bro, we've forgotten just how good good is. good is setting a personal best before going for a world record. good is swinging to get on base before swinging for a home run. [ crowd cheering ] good is choosing not to overshoot the moon, but to land right on it and do some experiments.
woman: what do you mean, homeowners insurance doesn't cover floods? [ heart rate increases ] man: a few inches of water caused all this? [ heart rate increases ] woman #2: but i don't even live near the water. what you don't know about flood insurance may shock you -- including the fact that a preferred risk policy
starts as low as $129 a year. for an agent, call the number that appears on your screen. got some live pictures of the president of the united states in a walmart in mountain view, california. that's where he's got plans to talk at length about carbon output and green jobs. he wants to lower the former, increase the latter. you cannes see all of his remarks live on cnn.com as well. my colleague will have more when his program begins at the top of the hour. the defense in the olympian oscar pistorius' murder trial is nearing the finish line and expecting to wrap its case up by early next week. upon arrival at the court every day, the blade runner is treated like a rock star. he's greeted with balloons and supporters who are looking for a handshake or a hug. part of hiss storious's daily
routine, pacing a slew of reporters and average citizens who are just looking to get a shot or an autograph, photograph. but behind all of that attention, that grim story does not go away. the shooting death of his beautiful novembmodel girlfriena steenkamp. now a ballistics expert is weighing in for the defense, saying she did not have her hand over her head when pistorius fired four bullets at her. a key element at what the prosecution's been saying against him. how important is that to the judge? steenkamp locked the bathroom door and nobody can say she wasn't terrified. robyn kurnow is live in pretoria, south africa. the door playing in heavily. give me the wrap-up. >> reporter: absolutely, you saw this clash of wills between the ballistics expert and state prosecutor who are both titans in their fields. you really got a sense of how important this evidence was
because of the top examination that he was put under. it got quite personal at times. take a listen to the sound bite. >> you said you're biased. you just wanted to say -- >> no, my lady, i'm not biased. i've testified. i see myself as a witness of this court. i'm here to assist the court with whatever i can. i take exception to the fact that mr. -- says i'm biased. >> i get the exception. i'm making the inference from your evidence. >> you can make the inference if you like. i've never lied -- >> >> reporter: okay, in terms of the ballistics expert evidence, he really turned to and focused on the wound ballistics, the speed perhaps of the bullets as they were shot. he said they went bang-bang-bang pretty rapid. all of this of course is so important because it points to
attention. did reeva steenkamp have time to scream between the shots? was she in that defensive position? all of that points to intention and their premeditated murder charge. and of course the defense trying to spin another narrative, offer alternatives, which they hope the judge will believe more than the state's version. >> robyn curnow live, thank you for that. the power words and how negative remarks about gay people cost a pair of twin brothers an hgtv show when they're comments were caught on tape. sea captain: there's a storm comin narrator: that whipped through the turbine which poured... surplus energy into the plant which generously lowered its price and tipped off the house which used all that energy to stay warm through the storm.
chipmunk: there's a bad storm comin! narrator: the internet of everything is changing how energy works. is your network ready?" [ female announcer ] we eased your back pain, you turned up the fun. tylenol® provides strong pain relief while being gentle on your stomach. but for everything we do, we know you do so much more. tylenol®. the shingles virus weis already inside you.ore. you should know that 1 in 3 people
trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. the twin brothers who lost their hgtv show after a comment that one of them made about homosexuality and what he said,
its agenda, those brothers say they don't have a beef with the network. a recording surfaced of david benin apparently saying the gay agenda is, quote, attacking the nation. the brothers were the planned stars of a show called "flip it forward." they would have helped families buy homes those families otherwise couldn't afford. they spoke with cnn's kate bolduan about their show being dropped and whether they'd still like to work with hgtv. >> so you don't feel wronged at all in this, is what you're telling me? >> no, we don't feel wronged at all. we just -- as david said, it's -- this isn't versus us or us against the gay community. this is an agenda. we're getting to witness it right now. i mean, check it out. we believe in jesus christ and david has specifically said some things and an agenda says you
believe this, i believe this, now you can't say your belief. that's not right. >> well, they may say they haven't said anything wrong but they have in the past talked about the homosexual agenda and its demonic ideologies. i speak about an agenda, and that's really what the point of this is, is there an agenda seeking to silence the voices of men and women of faith. that's their line and they're sticking to it. the show producers -- producers knew about their views, went ahead anyway, until the controversy ended up going public. stay tuned. "the legal view" gives you this advice, assume you're always being taped. hate to say it. have a wonderful weekend. to my mom, happy mother's day. to all moms out there, you rock, you're awesome. have a wonderful sunday. we'll see you on monday.
right now, shocking new allegations against another v.a. hospital. the clerk tells cnn he was told to cook the books to cover up long wait times for sick veterans. now there's a new federal investigation. also right now, another new audio repo audio recording reportedly from donald sterling. in it, he said he knew he was wrong when he made racial statements and he did it out of jealousy. a group of scientists and engineers reportedly challenging the idea that malaysia airlines flight 370 went down in the indian ocean. they say that assumption is based not on fact and it's retime to think the plane's path. hello, i'm wolf blitzer reporting from washington. more shocking allegations today in the scandal involving veterans who died while waiting for care at v.a. hospitals across the country.