tv Legal View With Ashleigh Banfield CNN May 23, 2014 9:00am-10:01am PDT
eastern and pacific on cnn. you can tell me about those days. >> i'll harken back ton my favorite moments of the 1960s like when i was a zigote. we'd like to say thank you to all the men and women who serve. have a great time. >> "legal view" with ashleigh banfield starts now. just because you're not c b chained up and you're not locked in a basement doesn't mean you ain't trapped. >> new allegations, new questions, new doubts even emerging this hour in the sudden reappearance of a california woman who disappeared a decade ago. the woman tells police she was sexually assaulted, kidnapped at the age of 15, and held against her will by her mother's live-in boyfriend. more on that in a moment. as well, a near miss.
too many planes too close together. what happened to the skies? is it possible this could be a more regular occurrence in the future? and is that man going to be facing charges of kidnapping and rape? and on another side of the legal question, is the electric chair going to make a comeback? all of this ahead on "legal view." hello, everyone, welcome. it's may 23rd. we want to begin today with a critical new development in a story we've been following here at cnn and it is in the donald sterling saga. cnn has just learned the epbattled owner of the nba's los angeles clippers has given his wife and clippers co-owner, shelly, the authority to negotiate that team's involuntary sale. cnn's stephanie elam has the details. she's live with us in los angeles. clear this up. she has always said she was a co-owner. she has always said she has a
stake in this. is this what it comes to, he's just agreeing and making the problem go away for the nba or more to it? >> i don't think it makes it go away, but the idea being they own this through the sterling family trust and he owns 50%, she owns 50%. if this is the case, he's giving her this 50%. she's saying, look, i didn't say anything crazy. i didn't do any of that. that means you're going to have to work with me, nba, and negotiate the sale on my terms. so still putting out there that would be something she would be willing to do but also to make sure she gets the full value of the team. in the past, shelly sterling has shown she's very capable and very willing to go after something she believes is hers. in march, she sued v. stiviano because she wanted to get back some gifts that donald sterling had given to his companion. now, what the "l.a. times" is reporting is that in april things between donald sterling, v. stiviano started to have a
little bit of friction there, and that he sold the tickets, she found out, through an employee of the clippers. that he was selling her box seats and her parking space for the game that night. they wanted to make sure there wouldn't be any issues and v. stiviano wrote back, i don't want anything from mr. sterling. shortly thereafter, the audio recording became available via tmz we all have now heard, his racist rant, so all of this showing the time line -- >> wait, stop there, that's a lot of information to digest. i want to be clear. the "l.a. times," stephanie, is saying perhaps the material of consequence here cited by the nba and that was destruction of evidence, deletion of text messages, actually might have pertained to this employee of the clippers who was text messaging with the girlfriend, let's just call her what she might be, the mystery, the girlfriend, the buddy, the friend, the employee, whatever she calls herself, and
ultimately saying, sweetheart, you're not really going to get your freebies at the game anymore. she says back, let the games begin, and then sends him the actual clip -- >> there is more between that. yes, there were text messages. apparently this employee was uncomfortable with the idea of deleting it but was told by his bosses to do such a thing. but she did respond with a clip of the audio where donald sterling had that racist rant which will hear him talking about magic johnson. yes, apparently according to this report, the clippers knew of this before the rest of the world knew of it. they didn't think it would be as big a deal. >> there are so many issues on the table with this. i want to bring in my attorneys on this case. in boston, mel robbins. in new york, joey jackson and paul callan. mel, let me begin with you. does it even matter whether v. stiviano said let the games begin and taunted the clippers
with the sound that became so infamous of the racist rant, oar is that really all just academic at this point? >> at this point, you're absolutely right, it's academic. the thing that matters is the fact that they were deleting the texts and they knew about this ahead of time and they tried to cover it up. that's going to matter to the nba. >> so gentlemen when it comes to this notion that the wife, the partner, the person who's been named as co-owner apparently in the clippers team is now going to negotiate the sale? is that academic, joey, at this point? isn't the function now the nba's whole mission, just go away? >> it is. absolutely. but this is a good development. here's why it is. if you could -- the end game is, as you mentioned, make it all go away, right? if you can do it without litigation, without protracted court battles, without an arbitration, without people, you
know, logging heads, that's a benefit. in the event that shelly sterling is the one who is at the table and she negotiates this and it all gets resolved and she does go away, guess what, we don't have a major hearing. what we have is an nba team that is owned by someone else, the nba can move on, the fans cav mon or the owners can move on and we can move on. >> cnn will not talk about it anymore. the ultimate goal here. all of this is so besmirching of the league's character. paul callan, what is it exactly i should read into shelly sterling negotiating the voluntary sale? are there some terms she can actually benefit from or does she just need to get rid of it? >> i don't think there's anything of enormous significance here. i'll tell you why. i can hire anybody to negotiate for me. you can hire a lawyer negotiate for you. you can have your best friend negotiate for you. the question is, will she get
the deal done? if she sells the team and the sterlings are out, okay, everybody's happy. i don't think it matters so much she's doing the negotiation. ways interesting about her case, she claims as a co-owner she's being discriminated against because she is being deprived her ownership interest in the team as a result of the things her husband said or did. and that she's being essentially discriminated against. but that claim seems now to be disappearing if they try to negotiate -- >> give me one line on it. you'll flush it out after the break. what's the one line. >> now he divests himself of whatever interest he has. it goes to her. she can now resolve it in his absence. at the end of the day, it's everything but a sterling. >> unless she comes in and says i'm the owner and you can't throw me out. >> you always have to come up -- >> look at mel, mel is just waiting. when we come back, i have to go to break, but when we come back,
i want you to weigh in on this. i feel like i'm missing something here and i think it's something really big. why is this such a big issue that shelly gets her hands on the negotiation tactic? is there something she's going to benefit from. hey, razor. check this out. listen up, thunder dragons, it's time to get a hotel. we can save big on killer hotels with priceline express deals. somewhere with a fitness center? hey you know what man, these guys aint no dragons. they're cool. these deals are legit. yeah, we're cool. she's cool. we're cool. i'm cool. hey, isn't that razor's old lady? not anymore. priceline savings without the bidding. you wouldn't have it she any other way.our toes. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready.
and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about experiencing cialis for daily use and a free 30-tablet trial.
this is mike. his long race day starts with back pain... ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines" [ chainsaw buzzing ] humans. sometimes, life trips us up. sometimes, we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings -- all the things humans need
to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance -- responsibility. what's your policy? so one of the reasons i love working at cnn is because i work with a guy named brian todd and he gets stuff. this is what he got today. he is confirming shelly sterling is now going to be the controlling entity in selling the clippers. the estranged wife is now going to control the sale of the clippers.
and that's the way this thing is going to go down. she's going to have a go on her terms. mel robbins, i know you listened to that conversation. i still don't get it. what's in it for shelly? >> well, a hell of a lot money is in it for shelly. there's a difference between being an owner and having control over the sale. basically, she doesn't now own donald's half, she's acting on behalf of both of them. to me, this means two very important things. i think donald and his lawyers realized he didn't have a chance in hell in being successful at the end of the day in suing the nba. they realize, because it's about the money, the best shot is for shelly to have his permission to
act on their behalf and try to cooperate with the nba. remember, adam silver's press conference, he said publicly, i would be willing, i would like to see them see it and avoid all this stuff. by avoiding all of the legal issues, they're going to get a faster deal and probably a much better one. i don't know when the nba and adam silver and people of his ilk werer in the business of having to sell a team. the constitution for the nba states that it doesn't matter who sells the team, if the nba's going to sell the team, they have to get top dollar for the person they're ousting. again, i'm still a bit flummoxed. >> i just want to go -- >> oh, go for it. >> there could be a bait and switch scenario. the nba approves the transfer to shelly, 100%, to negotiate the sale. she says, i can't get fair
market value, i've decided to key the team myself. my husband no longer owns it because pursuant to the agreement, i'm a sole owner. how do they throw her out? >> if you have a guy like this as your lawyer. >> very clever, but it's not going to happen. where it's saying she was complicit, she was involved in this whole press release where she knew better. there was a ruse, okay, because she now says, guess what, that can't be authenticated. that is the actual, you know, the audiotape. as a result of that, i think she's embroiled in this big time. you're right, at the end of the day, she's gone. joey's right, he's not transferring the team to her it she has been given authority by one of the co-owners to sell it
on their behalf. >> an interesting development. i'm waiting to see what the big, you know -- >> do we all agree it will be owned by someone other than a sterling at the end of the day? >> not necessarily. >> paul's conspiratorial theory. >> a long weekend to ponder it. thank you for that. another story we've been working on. it is just it is remarkable. michelle knight, she is having quite a emotional reaction about the news out of california from the woman who says she was kidnapped ten years ago. you're going to hear and feel her emotions. mel robbins is also going to weigh in again as the crisis worker what it is like to deal with people who are in this kind of distress.
we know we're not the center of your life, but we'll do our best to help you connect to what is. oh! the name your price tool! you tell them how much you want to pay, and they help you find a policy that fits your budget. i told you to wear something comfortable! this is a polyester blend! whoa! uh...little help? i got you! unh! it's so beautiful! man: should we call security? no, this is just getting good. the name your price tool, still only from progressive.
some brand-new questions, some doubts emerging in the sudden reappearance of a california woman who was reported missing a decade ago. the woman is telling the police she was sexually assaulted, that she was kidnapped when she was just 15, that she was held against her will by that man, her mother's live-in boyfriend back then. but ultimately she married him and two years ago together they had a child. the man is in prison today, facing some of the most serious charges, including kidnapping and rape, lewd acts on a minor and the list goes on. however, it's a big, big,
however, his attorney is now saying that young woman was, quote, completely free. the attorney says the couple was in the process of splitting up. as far as the neighbors go would watched them for years, they say the victim in this case appeared to be happy. the criticism of the young woman is sparking an angry and emotional reaction from this woman, another survivor of ten years in brutal captivity. michelle knight was chained and raped and held prisoner in a cleveland house with two other women and she spoke exclusively this morning with our kate bolduan. have a listen. >> michelle, it is so great to be here. >> hello, great to be here, thank you. >> it must be hard, i've been thinking, for you to retell your story over and over again
especially on your book tour. has it been difficult for you? >> it's been difficult but like i said, i'm trying to help other people and if i can help just one person by my story or more than one person, i'm welcome to do it. >> you hear of this story and possibility of another woman being held, abused for ten years. taken when she was 15 years old. what went through your mind and what goes through your mind when you hear about this? >> right now what's going through my mind is people shouldn't judge people by what they see and what they hear because there's as lot of people out there that go through pain and they can't stop it. they don't know how to cope with it. they don't know exactly how to go through it. people shouldn't say anything about what they can't explain because it may be difficult for that woman. that woman that went through this. it's very hard for her when people are saying bad things
about her and saying that she's lying. you don't know what went through her head. you don't know what that dude was doing to her. you have absolutely no clue what she went through to say things and say that she was lying or she's doing this. you're making her life not able to function or heal properly when you do these things to people. you're making people not want to come out. not want to say anything. you're making people want to sit there and keep it to themselves and go through abuse when you say stupid crap like that. i need a break. >> i'm so sorry, michelle. >> it's okay, you're doing good, you're doing great. you're giving them hope. >> take your time. it's okay.
take all the time you need, michelle. this hits so close to home. this is so hard. >> yes it hits really close to home. i want to let her know that i care. i understand. and don't let anybody break you down. don't let what people are saying about you hurt you or make you feel ashamed. push through it. ignore them. because they're just ignorant. and understand that there are people out there that are going through the same pain you are and going through the same struggle regardless if they are man or woman. understand. come forward. don't be ashamed. because you did nothing wrong. >> i would like to let you know, i spoke with kate after the interview aired this morning about that moment, where she needed a break. and kate had some very profound
thoughts on this interview. first of all, michelle knight insisted on continuing this interview because she knows that her mission is to make sure people know exactly what the pain is like, that it's not false, that no matter how happy you can seem, it is devastating and that she is still raw a year later, and that this young woman could be, if the allegations prove true, being revictimized by those would don't believe her. and so it's important to note that cnn in continuing that interview did so at the behest of michelle knight. she wanted to continue her thoughts and let people know just how serious this issue is. i want to bring in mel robbins. you and i talk all the time because you're an attorney and legal analyst but maybe our audience does not know you're also a domestic crisis intervention expert, you also work in the domestic violence area of the prosecutor's office so you have knowledge of people
victimized in this way. i want to ask you one question about the california case. regardless of what the attorney says about this being consensual, when you're 15 in is that state, can you possibly consent to a relationship like this? >> no. the legal age of consent, ashleigh, in california, is 18. it's a felony to, you know, have sex with somebody who is under that age. and here's the other thing. first of all, i worked a domestic violence hot line for six years as a volunteer and a crisis intervention counselor in the late '80s. and every single victim was terrified to come forward because people that abuse women don't do it in public. they do it behind closed doors. in fact, batters get so good at physical and sexual abuse that they know how to hit people so that your bruises are clothed. just because he was a nice guy
in public doesn't doesn't mean she wasn't have the you know what kicked out of her behind closed doors and that she wasn't terrified. also keep in mind is she is saying she was kidnapped, drugged, and woke up in a barricaded garage. this isn't a 15-year-old, ashleigh like you might have at home. an american kid that goes to school, that speaks english, that has a huge group of friends. this gal was undocumented. had only lived in the united states for six months. and didn't speak english. so those just absolutely -- those factors absolutely meant that the captor had even more control over her. >> i want to bring in joey and paul. the attorney for garcia, the accused in this case, says that the victim had her own car, had her own job, was very independent and free and said they were having some marital problems and they were about to split up. and then he goes on to say, and i think these are critical
words, there is nothing to the prosecution's case beyond her claims. >> well, let's keep our eye on the ball here. the girl was 15 according to her mother when she was kid faed and taken away by the defendant in this case. under california law, as mel says, if you're under the age of 18, you can't consent to a marriage, to a sexual relationship with somebody, unless you have the written consent of the mother, there's not -- that's not present here, or you have a court order. you can -- the court can permit a marriage, but they have to issue an order. you don't have that. so guess what it is. it's rape and it's kidnapping. it doesn't matter what happened from age 18 to age 25. whether there was consent or there wasn't consent. i think on this fact pattern there was not consent. but it's irrelevant -- >> ashleigh, let me just -- >> i want to read the charges because i think they pertain exactly. all the things that happened
between the age of 15 and 18. three felony counts of lewd acts on a minor. one felony count of forcible rape. and a felony count of kidnapping to commit a sexual offense. >> yeah, well, here's the point, ashleigh. certainly mel makes compelling points and so does paul. understand what the defense is going to do here. what we're talking about, if we look at something consent, yes, it is 18. but remember she had the child after 18. remember the marriage occurred after 18. remember that they will have to -- that is the prosecution establish the sexual abuse, the forcible compulsion, the lack of consent and everything else. although it would be statutory. they're going to have to establish a sexual relationship between 15 and 18. the final point to be made here, and that interview with kate, it's compelling, it's heartbreaking, but that case involving ariel castro was far different. the defense here is also going to point out this person, this girl, had her libertieliberties. she was free to go.
she had a car. she had free travel. >> you're saying it's statutory? statutory is when somebody consents despite their age. >> but what we're doing -- again, i'm bringing balance. i understand mel and paul's point. the point is we don't know. it relies on credibility. there are neighbors who say they were a happy couple, he was ado they went out together, danced together. i don't want to bemir of here but we have to understand it's a process. >> this is what's difficult. there's always a defense and that is what makes america great because we are afforded an offense. we're not hooded, taken out of our homes and thrown into gulags. this man is going to mount a defense. we will see how credible he is. god forbid this young woman is going to have to get up on a
stand and talk about what happened between the age of 15 and 18. this is an amazing case. i can't thank the three of you enough for putting a lot of light on this, legal light. we had a story that came across our radar. it invovs actual radar. why on earth are you that close? and guess what, nearly one mile, apparently this happens a lot, and it might start happening a lot more. i'm going to tell you why, what happened and what might happen in the future next. if you ask me about shingles, i'd say, did you ever have chickenpox? 1 in 3 people will get shingles in their lifetime.
the faa is investigating another near miss and we i say near, i mean really near, between two jetliner. this happened in houston. this happened after another close call that happened in newark. it is enough to make the flying public a little uneasy. especially with so many of us about to embark on a big travel trip this holiday weekend. air traffic controllers are under a lot of stress. and accord to cnn safety analyst david soucie, the skies will only become more crowded, in fact, twice as crowded, in the next 20 years. want you to listen ton the tension in the voice of the
controller during the incident that is right now under investigation. >> stop your head. stop the turn right there. stop your turn. stop your climbing. stop your turn, 39601. >> i'd say that's tension and some real grace under fire. those planes were headed right towards each other. they were only about a mile apart which in airplane speak is about that much. they were in jet speeds that leaves almost no time to maneuver. here's cnn's rene marsh. >> reporter: two more passenger planes get too close in the skies. on may 9th, united flight 601 and united 437 took off from bush intercontinental airport in houston at roughly the same time. shortly after take off, flight 601 told to turn right, putting it in the path of the other plane. moments later the controller
seems to realize the mistake. >> 601, stop your heading, stop the turn right there. stop your turn. stop your climb and stop your turn. >> the two planes came within nearly a mile of each other. the roughly 300 passengers on both flights may not have been aware of the close call but the pilots were left with questions as to what went wrong. >> 601, you know what happened there? >> basically crossinged directly over the top of each other. >> that's what it looked like. i had no idea what was going on in the tower. it was pretty narly looki looki >> reporter: this is the third incident in recent weeks where two planes got too close for comfort. all involving passenger planes. >> cnn's rene marsh reporting for us. there were 4,400 close calls in the air in 2012. if you do the math, that's more
than a dozen every day. according to the faa's latest statist statistics. 41 of those were considered high risk. near misses and improving airline safety in general is something the international civil aviation organization is dealing with all the time. the mystery surrounding the disappearance of malaysia air flight 370 led to a very big meeting in montreal of the icao and from the meeting came some significant developments that are related to searching for and finding lost airplanes. big surprise, right. perhaps most significant in the findings, according to cnn safety analyst david soucie, is a problem that plagued air traffic controllers. a kind of three-strike system. that punished those controllers for allowing planes to get too close. those strikes were called deals. if you get three deals, you're out. that system is no longer in place. and david soucie says that's actually not a bad thing because
it frees up the air traffic controllers from the fear of not reporting those near misses. sometimes those deals, people knew nothing about them. i want to expand on the discussion. mary ski yavo joins us from north carolina. a lot to talk about today. first of all, the deals. like we just saw in houston. i'm sure this is no surprise to you because you have seen so much of this in your history, in your profession. for the rest of us, we really can't believe it. is it such a good thing the deals, the three strike issue, is gone? shouldn't it feel like more punitive measures in some respe respects? >> what studies have found, the office of inspector general has been good about investigating this. air traffic controllers increase as much as 50% in one year. i think that was 2010. not all of it was due to increased reporting. what the faa did is there's a caveat to this reporting. what the faa did is say, please
report these incidents so we know how many are happening and the incidents of course were just flooding in. but then they said, if you report them, nothing will happen to you. you won't be subject to disciplinary proceeding. you might be sent for retraining. the problem is, air traffic control and the faa, the same people cause the same problems over and over again. if you're in trouble this year, you tend to be the person who's in trouble in future years. so the amnesty wasn't needed for good air traffic controllers. the amnesty at the faa protects the bad traffic controllers. for example, i think last week it was a nounced in the news, got his job back. that was the one talking about the dead cat instead of directing traffic. i think amnesty for all people would don't control traffic is wrong. >> makes me more concerned based on what david susie learned. he was able to gleam it.
the icao president says air traffic is going to double in the next 20 years. >> yes, oh, yes. >> could you please help me get off the ledge in this one? we're having fewer deals that get the bad controllers out and double the traffic, how are we supposed to feel safe in the air? >> well, what's occurring, there's so many things occurring at once. that's another problem for the air traffic control mistakes. 50% increase, increasing either year is very bad. the system is heavily computer reliant. if everybody's in the system and has all the equipment, air collisions a thing of the past. the united states' growth is going to be much slower than that. we won't double. because we're already saturated with air traffic. we're going to see a massive explosion around the world of air travel, china, india, other
places. and of course they're going to want to come here. we're going to have to be careful and work with the international groups to police other country's planes who want to land here and make sure it all fits with our laws as well because every airline follows their own country's laws. iko can only suggest. >> i hear you. it's good to talk to you, mary, thank you so much. >> thank you. >> mary ski yauvo joining us live. the electric chair is back legally because it's tennessee's solution to all those lethal injections that aren't going so well. so, our prisoners to be march to that chair now instead in that state? by the way, is it painful to be electrocuted? i ask because you're going to find out about the eighth amendment and how all this seems a little strange. (music) defiance is in our bones.
defiance never grows old. citracal maximum. calcium citrate plus d. highly soluble, easily absorbed. [ male announcer ] if you can clear a table [ sneezes ] without lifting a finger, you may be muddling through allergies. try zyrtec® for powerful allergy relief. and zyrtec® is different than claritin® because it starts working faster on the first day you take it. ♪ zyrtec®. muddle no more™. [ female announcer ] and now introducing children's zyrtec® dissolve tabs for full 24 hour allergy relief. i'm spending too much time hiring and not enough time in my kitchen. [ female announcer ] need to hire fast? go to ziprecruiter.com and post your job
to over 30 of the web's leading job boards with a single click; then simply select the best candidates from one easy to review list. you put up one post and the next day you have all these candidates. makes my job a lot easier. [ female announcer ] over 100,000 businesses have already used zip recruiter and now you can use zip recruiter for free at a special site for tv viewers; go to ziprecruiter.com/offer5.
welcome back ton "legal view." as executions go, tennessee isn't really a major player. so far this century, more death row inmates have died of natural causes on death row in tennessee than being executed by someone's hand. the next time that state does put a condemned person to death. if the drugs for the lethal injection just so happen to not be available, this will be the mode the prisoner will face, the electric chair. 32 states still have capital punishment in this union and 8 of them allow inmates to choose electrocution over the needle. only tennessee gives that decision to the state rather than to the prisoner. all of this because of a brand-new law that was signed by the governor of that state just yesterday. my lawyers are so smart on this topic. i would need an hour at least just to start on this. but i'm going to start with you
because you and i are very spirited. >> yes, we are. >> there's an eighth amendment against cruel and unusual punishment and the electric chair. i will just read from the associate justice william brennan of the united states supreme court about what the electric chair does. read along with me if you dare. the prisoner's eyeballs sometimes pop out and rest on his cheeks. the prisoner often dedicates, urinates and vomits blood and drool. the body turns bright red as its temperature rises and the prisoner's flesh swells and his skin stretches to the point of breaking. i must stop there. the justice went further. medical examiners have gone much, much further. of course, he was writing in a dissenting opinion. he's the death penalty opponent. how is that not cruel and unusual? >> william brennan appointed by john f. kennedy to the supreme court. very principled opponent to the death penalty in all cases. here's what the majority of the court have said. they've approve hanging. they've approved firing squads.
then it was eventually thought, you know something, electric chair. then lethal injection. here's the misconception. yes, death is going to be painful. i mean, even lethal injection that goes well, you're still putting it into someone's arm. >> and there's mental pain. >> the supreme court said it can't be willful or wanton pain or unnecessary pain. we can't torture people to death but we can kill them under the u.s. constitution. that's what it says in the supreme court's view under the eighth amendment which brings up -- >> we're talking about necessary or unnecessary. joey jackson, aren't we smarter as a human race? aren't we smarter to be able to come up with something that doesn't actually inflict this kind of pain, thus making it unnecessary? >> here's the issue. i know you want to do an hour-long special on this very issue so we can really delve
into the death penalty. however what is the humane way to kill someone? is it -- do we feel better as a society if we inject them with a needle? do we feel better if we hang them? do we feel better if we elect electrocute them and allow fire to shoot out of their head as we saw in florida with old sparky. if there is a death penalty, 32 states have it, what is the proper and appropriate way and method it should be applied? i think the argument could be made that no method is humane because someone's dying. we saw in oklahoma recently, right, where, of course, the person -- >> because of the -- >> rising up -- >> i will remind everyone early and often that these men or women are not there because they were singing too loudly in charge. then again, some of them happen to be innocent -- >> well, now, that guy confessed to burying somebody alive after raping them, okay --
>> it's not about the that -- >> and he breathed a little hard as he was dying, okay -- >> it's not about that. that part, i said often i could maybe even pull the lever myself. but there are many cases that have gone to that chamber of innocent people and there's no mulligan, folks -- >> it's final. >> absolutely. >> it's always this segment. we're not finished talking about it because this is a strange and moving piece, the death penalty in the united states. coming up next, an american climber plunging 70 feet on a himalayan mountain and, guess what, his video was rolling the whole time. and rolled as he got out. you're going to see it all.
humans. even when we cross our "ts" and dot our "i's", we still run into problems. that's why liberty mutual insurance offers accident forgiveness with our auto policies. if you qualify, your rates won't go up due to your first accident. because making mistakes is only human, and so are we. we also offer new car replacement, so if you total your new car, we'll give you the money for a new one. call liberty mutual insurance at... and ask us all about our auto features, like guaranteed repairs, where if you get into an accident and use one of our certified repair shops, the repairs are guaranteed for life. so call...
by all accounts, an american mountain climber should be dead right now because that is the rule, when you fall 70 feet down a crevasse or hole or any kind of chasm near mt. everest, it's what you do, you typically die. not this guy. tough as nails. keeping the camera rolling the entire time. my friend jason carroll here at cnn has his story. >> ah, fell through that hole. thankfully, i didn't keep falling it. >> reporter: trapped alone 70 feet below the ice. professor john was broken, bruised and fighting for his
life. while conducting research, he was alone on a mountain when he plunged into an icy crevasse. his fade bloodied. all suffered several broken ribs and a fractured arm from the terrifying fall. like the survival drama, "127 hours", the professor made a lifesaving decision to climb out, his camera in tow. that hurt bad but i got to get out. it's funny the amount of damage the body can take and still function pretty well. the pain was wonderful, let's put it that that way, because i was at least alive to feel the pain. >> reporter: it took five agonizing hours, all making his way to the top with an ice axe. eventually reaching his researcher's team camp where the professor was later rescued. >> it happened so quickly and i was thinking, thank god i stopped and i was still alive,
because i didn't -- i expected to keep going until it was over and to hit the ledge and catch that little piece of ice and save my life. >> reporter: all's family still can't believe he made it out alive. >> he could have been a goner for sure, if you look at it from the video, he could have kept on going down. i don't see how you get out of that. if you look up, you see the sky. i don't know how you get up there if you don't have one of your arms functioning. >> reporter: jason carroll, cnn, new york. >> 70 feet climbing with a broken arm. remarkable. another nba owner is in hot water over race-related remarks. wait what was it that mark cuban said that caused him to issue an apology? peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you
which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.
that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. 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.
taking a quick look at some other headlines now. mark kcuban is apologizing. in an interview, he said if he sees a black kid in a hoody late at night or a bald white guy with tattoos, he would cross to the other side of the street. cuban says while he doesn't regret the context, he does regret the reference to the hoody because of trayvon martin's family and he has apologized to them. you might want to take a moment and look closely at the burgers you're slapping on the gril. stores in 12 states may have sold beef con tap nated with e. coli. you can go to cnn.com for a full list of the brands being recalled and where those brands were sold. i am fresh out of time, but have yourself a very relaxing family weekend. hopefully, you'll have some family time planned. and, everybody, stop to remember
on memorial day, it's what we're supposed to do. thanks for watching. "wolf" starts right now. right now, possible conclusion to the donald sterling controversy. cnn has confirmed sterling is letting his wife shelly negotiate the sale of the l.a. clippers. also right now, a about his czar twist in a mississippi senate rate. arrested after one of them goes into a nursing home, takes pictures of cochran's very ill wife. and right now, an inside look at president obama's unique blackberry. the president can't play angry birds. hello, i'm whoolf blitzer reporting from washington. th start with what looked like