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tv   Legal View With Ashleigh Banfield  CNN  October 10, 2014 9:00am-10:01am PDT

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another night of trouble in st. louis and a, quote, weekend of resistance is upon us. one protester calls the city a racial powder keg. okay. so what's worse than shouting "fire" in a crowded movie theater? how about sneezing and then
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saying "ebola" on an airplane. just wait until you see the crazy passenger video straight ahead. and remember that drunken brawl outside of the alaska party just after the sarah palin family showed up? well, guess what, the full police report is out and all the rogue details. hello, everyone, i'm ashleigh banfield. welcome to "legal view." ferguson october is being called as a weekend of resistance and epitomized for many by the killing of ferguson teen michael brown in august. but now comes a new outrage in the minds of st. louis citizens who say they just don't trust their police.
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wednesday's killing of an armed teenager by an off-duty patrolman. we've seen two nights of violent protests. last night, one officer hurt, eight people arrested and at least one american flag torched. my cnn colleague sara sidner is in ferguson right now. tell me what is happening now, sara. >> reporter: things are calm and rain is coming down. the first protest that is planned is supposed to happen around 3:00 outside of the prosecuting attorney's office and the grand jury is still looking into whether or not they are going to indict darren wilson, the officer who shot and killed michael brown. while the protests started early and they did turn violent. overnight, shaw boulevard turned chaotic. police using pepper spray on the
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crowd of protesters as it quickly escalates. >> a large knife came flying out of the crowd. >> reporter: police say they were asking the crowd to disperse around midnight when this knife was hurled and hit an officer in the shoulder. >> it shows you how quickly the situation can turn. >> reporter: protesters smashing the windows of a police car. someone throwing a brick at this police suv. >> i understand the emotions but there's some things that you just can't tolerate and that's one of them. >> reporter: what started out as a peaceful vigil early thursday evening later reignited anger over the killing of a black teenager killed by an off-duty police officer working a security job. meyers is pictured here for a gun charge back in june. an autopsy revealed the 18-year-old was shot seven or eight times. the fatal wound, a gunshot to
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his white cheek. a call for justice reminiscent of the outrage of unarmed teenager michael brown's shooting only two months ago. allegedly with his hands up, brown was shot six times by a white police officer obama 12 miles away in ferguson, missouri. a grand jury is currently hearing the case and will decide if charges are brought against officer darren wilson. but this shooting may be different. myers fired a .9 millimeter at the officer and the weapon was recovered at the scene. myers' family insists that he was unarmed and holding a sandwich at the time. some people are building their own narrative, expressing distrust of the st. louis police department. >> it's a clear case of this
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young man. >> reporter: protesters pushing it with the police and burning this american flag. people's nerves on edge again. they are expecting thousands of people to show up for these protests that will kick off in a bit. they will last through monday and the distrust appears to be growing. ashleigh? >> we watched in more ror as we saw different police communities coming into and respond to an escalating problem. what kind of mechanics are they putting in place. >> reporter: well, we do know that they have got extra shifts, that all of the officers are
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going to be on duty. so they are preparing in case there are thousands of people who show up for these protests. again, there are several protests scheduled today, tomorrow, sunday and one on monday as well, ashleigh. >> sara sidner reporting live for us, thank you for that. there's just so much here that cries out for apension. i'm joined by cnn analyst mark o'mara and joey jackson in atlanta and sedrick alexander, the president of the national organization of black law enforcement. he's also a psychologist. so a lot of smarts on this panel. when you see protests who say it's not about an armed teenager, this is a lie. they don't believe the police story. what is the reality of creating a forensic lie in a police situation? we're talking about a lot of different apartments, a lot of
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different responders. how easy might that actually be? >> it's absolutely going to be quite difficult. the idea of 20, 30 years ago where a cop has a gun in his pocket and throws it on the ground, those days are long gone. it's going to be forensic testing done on the gun. they will probably find the casings, may find a bullet or two near the officer. i understand that their frustration is not specific to the facts of that case. it's a frustration that's permeating everything that we look at with every police and black intersection but i think we're going to find out that that kid, unfortunately, shot at the officer and it was a good shooting back. you cannot shoot at a police officer. >> so the genesis of that notion, of that feeling, dr. alexander, that right away the support went to the black teenager and that something must have been wrong with the police officer's actions, i just want to read something that came out yesterday. it was a study commissioned by the boston police and found that
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while african-americans make up 25% of the population, in the recent years, they accounted for 60% of people who are actually stopped by the police. so i think the question that's on everyone's mind when you see statics like that, understandably, lots of statics can be manipulated but this is pretty clear-cut. this was commissioned by the police done by the aclu. are african-americans committing a disproportionate number of the crimes out there or are police committing a disproportionate amount of stops and checks and suspicions on african-americans? >> well, one thing i think we can be very clear about, from that report, that i'm going to -- i had an opportunity to read, it is pretty alarming, to be perfectly honest with you. and i think what is occurring out there, there is just an interaction that is taking place in many african-american communities that is creating a great deal of pause. because one of the things in that report, 75% of the
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interaction that the police had they couldn't account for them. >> they couldn't account for them at all or just no reason for the stops, no probable cause, nothing? >> well, from that rareport, that's absolutely the case. 75% of those interactions in that community, it appeared from that report, to be abs routeoluo reason for those stops. that's troubling in this day and time and sets up a dynamic that make it is difficult for people in that community to trust police. >> okay. and that dynamic is exactly what i want to get to here. i'm going to do this in an unusual way, if you'll permit me, guys. mark, i want to read something that you wrote recently in an op-ed and joey i want you to talk about it. consider the very first interactions, a cop and a young
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black male interact on a street and both give the other a bit of attitude. the officer gives some attitude because he's tired of getting attitude from other young men and the young man gives attitude because he's tired of getting other attitude from other cops. now, who's at fault? this, as sim pal as it sounds, is how it starts. if you want to say the cop's at fault because he's the adult with training, you are right. what do you do about that impasse? >> i did evaluate mark o'mara's op-ed. i applaud you for that. the each is that there's a divide and speaks to a larger issue. there's always going to be a right that we all have to be left alone, the fourth amendment, but yet the right that we all have to want to be walking in freedom and to want to have the crime detected and crime deterred. there needs to be an
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understanding as between young african-american males and as between the police department. there needs to be mutual respect, there needs to be tolerance, a bridging of the gap of the cultural divide. so the issue is not so much who is right. the issue is how can we be tolerant of each other? how can we bring police into churches and schools and communities? how can we uplift the level of respect and when you get to the point that there's no trust and you telling me that it was justified to shoot someone seven times and you're not going to tell me that he had a gun and forensically i'm not going to believe it, that's a problem. that stems from root causes that weren't occurring just yesterday. it's a great discussion to have, ashleigh, but it's only going to be a discussion that emanates and has meaning in the event that we could bring police into these communities and uplift the trust between the community, the young males being stopped and apparently until it makes sense to all of us so that we can have police to protect and serve as
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opposed to intimidate communities. >> amen. dr. alexander mentioned this yesterday. there needs to be a broad series of meetings across the country between the african-american community and between the policing community and they need to get it straight. because this can't stand. to the three of you, thank you so much for your perspectives. i've got more to go through on this show but i wanted to say, this is such a critical time for this conversation and you have terrific minds, all three of you. thanks. there's a new development in the disappearance of the uva student. jesse matthew was charged in the disappearance of hannah graham and now police are investigating a taxi cab. it was a taxi cab driven by him, owned by him. but could it tie him to the death of another college student? does it have anything to do with hannah? details coming up. [ male announcer ] this is the cat that drank the milk... [ meows ]
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police in virginia are carefully going over and picking apart a car today looking for anything that might connect the missing persons' case to their number one suspect. the car is a taxi cab once owned by this man, jesse matthew. the last person seen with college student hannah graham when she vanished last month. mr. matthew is now linked to another college student who disappeared suspiciously five years ago. erin mcpikes that had story. >> reporter: jesse matthew has been in contact now for two weeks, the last person to see hannah graham before she disappeared four weeks ago. police have linked him also now
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to morgan harrington. a source with knowledge of the investigation says police have seized a taxi cab owned by matthew. law enforcement sources say they have already linked matthew to harrington's disappearance. last month, harrington's parents say they want to prevent another tragedy. >> we're not joyful. there's no celebration here. we're kind of stunned but we also are, you know, devastated that it has come through hannah graham being missing. >> reporter: in 2005, matthew got a business license to drive a cab in the city of charlottesville. state and federal investigators believe matthew was driving a cab for a new defunct company called access the night morgan went missing. fellow drivers remember matthew. >> our understanding, again, is that he was driving a cab the night that morgan harnirington s
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abducted. >> reporter: her body was found in 2010, ten miles last seen from where she was seen getting into a taxi. investigators say they interviewed several cab drivers at the time. >> they asked about dark color cars and i went down a list and asked them because i seen them again and said what cab company was it and he told me. and when he told me, i'm like, okay, great. it wasn't us. >> reporter: matthew's attorney is not commenting on the case. >> erin mcpike is live for us now in charlottesville, virginia. if you could get me up to date on the status of the search for hannah graham and what people who know jesse matthew are saying about him. >> reporter: ashleigh, as far as that search is concerned, i spoke with a representative from the charlottesville police department today and he told me this is still their number one mission, is finding hannah graham. but i was here two weeks ago and this search is no closer to
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being over. they have no real leads. they are telling people to search and research their property. just still no signs of her. now, as far as what people are saying about jesse matthew, we spoke to some cab drivers and we have heard from some others in the area that back when, after morgan harrington died and there was a sketch of the suspect in that case, some of his co-workers at the time suggested that his face resembled the person in that sketch and what these co-workers even said is that he got visibly upset and sometimes disappeared for hours. now, that is no smoking gun but it's something that people are clinging to here as they build a case against him. >> erin mcpike in charlottesville, virginia, thank you for that. i want to bring in mark geragos and the work that you have done in many courtrooms across the country, first and foremost, a taxi cab. i hear that and i think bonanza
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and then i hear it's five years ago. >> well, it's problematic, obviously, because the number of people in and out of there and the number of transfers of dna and other kinds of forensic evidence can be in there, whether it's hair evidence, looking for mitochondrial evidence, things of that nature, you could have literally thousands of -- mixtures of -- samples and things of that sort. however, i have had the case, defending a case where we found a car or a truck, specifically, three or four years after the crime and it was an attempted murder and we were able to link it up to who we thought the real perpetrator was. sometimes it's a long shot but sometimes it pays off. >> and sometimes isn't it just another piece in the puzzle? maybe the dna is degraded if there ever is any in there to start with but there's also the possibility of hair and fibers and fibers live for a very long time. it's still a long shot, isn't
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it? >> it is a long shot. and there were some reports that said that the cab had actually been cleaned. the thing that i find curious, ashleigh, this is a cab -- >> let's hope the cab has been cleaned in five years. >> no. meaning, let's hypothetically say there is something nefarious going on, which we know that there is, and what is being reported is that the cab has been scrubbed, like it was purposefully dumped and abandoned, after, of course, he picked up morgan. but the thing i find curious, how has it gone five years that a cab is parked on somebody's property, they said they found it on a farm. i mean, my grandparents are farmers. mark's point is correct. the fact that there's so many passengers coming in and out, it could make it very difficult. >> make it is very difficult although, needles in haystacks have been found in criminal cases before. hopefully it helps these
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families. mark and mel, thank you. appreciate it. other stories to come. brand-new developments in the police traffic stop in indiana that ended badly, like this. smashing the car window, kids in the back, tasering the passenger. well, another woman says that she wasn't surprised that the police officer did this because apparently he did something just as scary to her family and she ended up in the hospital afterwards. the details on her story and the lawsuit that she filed is next. wouldn't it be great if hiring plumbers, carpenters shopping online is as easy as it gets. and even piano tuners were just as simple? thanks to angie's list, now it is. we've made hiring anyone from a handyman to a dog walker as simple as a few clicks. buy their services directly at no more calling around. no more hassles. start shopping from a list of top-rated providers today. angie's list is revolutionizing local service again. visit today.
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some new developments today
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in the case of the police officers in indiana accused of using excessive force during a traffic stop. let me remind you, this, what you're about to see, happened 2 1/2 weeks ago. [ screaming ] >> ah! >> painful every time you witness this. hammond, indiana, local police smashing a passenger window of a car that they had stopped on a seat belt violation, then tasing the man in the passenger seat. jones' lawyer tells us that police issued an arrest warrant stemming from a marijuana charge from seven years ago. in the meantime, susan candiotti met a woman who knows the police officer who smashed that window and she says she's afraid of him. >> reporter: yolanda, have you seen that video? >> absolutely. oh, my goodness. it just brings back memories.
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>> reporter: yolanda gray does more than cringe seeing this video of police smashing in a car window after a couple is stopped for not wearing seat belts. [ screaming ] [ bleep ]. >> reporter: it shows hammond, indiana police using a stun gun on jamal jones after refusing to get out of his girlfriend's car after a 13-minute standoff. yolanda recognizes the officer shattering the window. >> that's the guy, the same one that tackled me, the one that busted the glass open. oh, my gosh. oh, my goodness. the baby is crying. i heard my baby crying. she was standing in the street. >> reporter: in 2006, gray and her family were pulled out of their car moments after leaving their driveway. no one told them why. police ordered her husband to get out of the car. he complied. this is where it happened? >> this is exactly where it
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happened. they asked me to get out of the car. i get out of the car with my hands up and the one that tackled me came from this side of the street and as i was almost where i needed to be, he tackled me. i never saw him coming. >> reporter: gray says she was bruised and man handled after being put down on the street. according to court papers, police say she refused to get out of the car and when she did, started running before police tackled her. >> my eldest son jumped out of the car screaming that's my mom, that was my mom. he was put into a chokehold and a gun put on his head. >> reporter: and your other son? >> my other son was taken out of the car and he was handcuffed. >> reporter: and your daughter? >> my daughter -- no one attended to the baby. >> reporter: turns out, she and her lawyer say it was a case of mistaken identity, police were allegedly looking for a man who she says looked nothing like her husband. yet, gray's husband was charged with disorderly conduct and they were both also charged with
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resisting an officer. she says she declined a plea offer before trial. >> they said they would give us one last chance if we would just write a letter of apology, they would drop all of the charges. >> reporter: and you said -- >> absolutely not. >> reporter: the couple was acquitted and sued the same officer, two others and the city on a civil rights claim. they settled out of court. so when she heard and saw the glass shattering incident a few weeks ago, it hit home. what kind of memories does this bring back to you? >> oh, the most horrific memories. my kids' innocence was taken that day. >> reporter: a lot of people are wondering, why didn't the man just get out of the car and that might have ended the whole thing? >> i am enraged every time someone makes that comment because they have no idea and we did everything that they asked but the moment that we got out, that was when the horrific
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harassment started. >> reporter: cnn has been unable to reach the police department for comment on the 2006 case. the officer who gray sestak killed her, coincidentally, the same one seen breaking the glass in the separate incident also could not be reached. in an statement issued this week, police say the windows were broken because officers were concerned for their safety and refused lawful orders to get out of the car. susan candiotti, cnn, hammond, indiana. >> so by now, most people know you can't make jokes at the airport about bombs and things like that. you can actually be arrested. did you know you shouldn't make comments about ebola on an airplane either? someone did it and you're about to see the unbelievable reaction. also, new screening measures going into effect to screen passengers for the deadly virus at american airports. all of that, next.
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like catastrophically bad. it caused haz-mat to get on the plane and passengers were forced to sit on the plane terrified for more than two hours. cnn's alexandra field has the story. >> okay. here's the situation. everybody sit down. >> reporter: that was the announcement from a flight attendant just before several health officials in haz-mat suits boarded the flight in the dominican republic. a man said, "i have ebola. you're all screwed." >> get out of the way and let them do their job. >> reporter: it kept passengers kept on the plane stuck for two hours. it's unclear what happened to the man that made the claim. this incident, only the beginning of a new front in the fight to stop ebola. passengers had their
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temperatures taken at five u.s. major airports, jfk international, newark, dulles, and chicago o'hare. >> we expect to see some patients with fever and that will cause some obvious and understandable concern at the airports. >> reporter: the new procedures and exams done in several areas designated by customs and border protection, an on-site cdc health officer will step in to evaluate any potential ebola case. passengers leaving sierra leone and new guinea are already screened before boarding planes out of those countries. >> of course i'm concerned. i don't think there's anybody in the country who is not concerned about the situation with ebola. we're not ready at the airports yet but we will be. >> speaking of airports,
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alexandra field joins me from just that, jfk airport. what's the verdict on this 54-year-old idiot? is he being charged? where he is? >> reporter: look, certainly we can think about the fact that charges could be considered, a charge of a disturbance. what we know is the immediate reaction that was had on the plane, video was recorded inside the cabin as these passengers were sitting there for hours with health officials coming on to the plane dressed in the protective suits. and what you can hear in that video is people actually booing. you don't hear anyone laughing and you do hear at one point the flight attendant coming on over the p.a. system and she actually calls this man an idiot. >> i think that's pretty much it. there's nothing funny at all about ebola. alexandra, thank you for that. there could be a big break for a killer on the most wanted list and police are actually trying to dig up the evidence.
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an actual body in alabama. all because of a viewer who saw a story about this case on "the hunt with john walsh" and the viewer called in a tip. just ahead. the conference call.
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i've never felt so alive. get the future of phone and the phones are free. comcast business. built for business. last hour on cnn, you saw the youngest ever recipient of the nobel peace prize showing a wee bit of the spirit, grace, and passion that has moved this globe. 17-year-old malala yousafzai was shot in the head by the taliban two years ago, two years ago yesterday, in fact, just for daring to go to school and advocating for it. since then, she has been a tireless campaigner for the rights of all children to an education. >> it's sometimes quite difficult to express your
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feelings but i felt really honored, i felt more powerful and more courageous because this award is not just a piece of medal that you keep in your room but it's encouragement for me to go forward and to believe in myself, to know that there are people who are supporting me in this campaign and we are standing together. we all want to make sure that every child gets quality education. so this is really -- this is really something great for me. >> and malala is sharing it with a 60-year-old child rights activist from india, lovely that it's pakistan and india. that's not lost on a lot of people. by the way, she was in chemistry class when she found out that she was the winner and this is what the malala fund tweeted out "malala will make her first statement after school." this is a fitting resolution
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to a terrible murder case. a career foreign service officer is accused of beating his mother, his wife, and his three young sons to death with a hammer. and then loading up their bodies into the family station wagon and driving them to north carolina all the way from maryland where he buried them in a shallow grave but not before setting their bodies on fire. those are the facts. this was featured on "the hunt with john walsh" just in july. >> dug a shallow grave. >> he just didn't dig this hole in 15 minutes. it took some time to dig it three feet deep. >> he then placed all of the bodies of his family members in
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that shallow grave. >> so this isn't just a plug for john's show. john's show "the hunt," may have actually solved this case because a viewer was watching in alabama and thought, you know, there's something really uncanny about that william bradford jr., he looks like a drifter hit in the town of scottsboro in 1981. that man's body, by the way, was exhumed. >> a top ten fugitive was aired, mr. bishop, and asked the public for any assistance that they had recognizing him. mr. collins, who worked at the scottsboro funeral home recognized mr. john don't and also recognized mr. bishop. >> well, me and my wife was watching it on the couch and watching television and i had seen the picture of him from the funeral home and i said, you
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know, this really looks a lot like the guy that was in the daily sentinal and it looked too much like him to not do something about it. >> dna tests at an fbi lab are expected to take a few weeks. if it really plays out, it will be the second case to be closed through tips generated by john's show. it's a great show, "the hunt with john walsh." in july, a suspected sex offender was tracked down in new york city and was killed in a police shootout after tips from john's program. we're very proud of him for that. when you're almost a heartbeat away from the president and then there are police reports about you and your family, they make news. and this one is jaw dropping involving members of sarah palin and it's involving blood and dirt and -- all right. it's coming up next. how much money do you have in your pocket right now? i have $40, $21. could something that small make an impact on something as big as your retirement?
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joining me to talk about this, cnn analyst mel robbins and mark geragos. both are smiling because it's hard to believe that they were a foot step away from the white house. >> normally they don't make an arrest if it's a cop involved and the cop is punching somebody. >> okay. >> it's a small town. they probably -- >> why did you pronounce alaska that way? >> alaska? because i'm from almost close to there. canada. >> this is a small town. the cops show up. you've got drunken people, the palins retreating to their white limo. the homeowner saying that they are jerks. >> the host apparently wants to. the victim who's getting his face apparently wants to. >> i think the palins took most of the pounding, though, blood and shirts not on and things like that. >> yeah, that actually happens
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when you rip your shirt off and start pounding. >> that's the way mark does it. the hulk move. >> i only bring this up. look, this is the kind of bar fight that would never make the news unless you stood on a platform like this with your family and crossed america for a year. it's a little odd to see this and i think that's why people wonder, when the police arrive on a scene with a prominent family like that, do they have the right to pick and choose what they are going to do with whom? >> they are not supposed to but it was done here. and i don't understand why, why is this not a big deal yet? if this were an nfl player, this would be wall-to-wall coverage. >> first of all, she's not running for president. that was many, many years ago and it's a second ball game. secondly, she doesn't work for the nfl so doesn't sign a contract guiding her conduct. and third, i think there that there are plenty of people in america that have witnessed a ball breakout at a barbecue and
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know that a lot of times it's stupid. this was over willow getting pushed over and bristol coming in angry and people drinking too much alcohol. >> you should see the banfield family dinners. >> snd that a canadian thanksgiving? >> thank you for saying so. it's the metric thanksgiving. it comes months before the real -- mark geragos and mel robbins, thank you. and happy thanksgiving to you, too. we have a couple of things on the agenda before we leave you. a baptist church has fired its pastor who was at the pulpit for more than two decades. why would you think that's national news? there's a really good reason. he reportedly told his congregation that he had the aids virus and then really dropped the bombshell. he said he had sex with church members after he was diagnosed. after he was diagnosed. "legal view" up next. it's happe. today, more and more people with type 2 diabetes are learning about long-acting levemir®,
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nothing new when it comes to news head lips but you probably have for the heard one like this. in montgomery, alabama, they have fired its preacher. did so on sunday, in fact, after two decades at the pulpit. a few sundays earlier, juan
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mcfarland told his congregation that he contracted hiv way back in 2003 and developed full-blown aids five years later. that would be 2008. and then he confessed to the big one, having sex with women in the congregation inside the church building. let me just repeat that. having sex with women in charge long after he knew he had developed aids. just for good measure, mcfarland also admitted to illegal drug use and stealing church money or mismanaging it or what ever that is. he's confessing to from the pulpit. he confirmed all of this to our cnn affiliate before he got the boot on sunday and hasn't spoken since then, despite cnn's repeated attempts to get ahold of him. wow. mel robbins and mark geragos back on this one. where do i even begin? the criminal or -- >> he stopped talking and if you're advising him, it's a good thing. mel can tell you but there's not much that can be done. it's a misdemeanor. >> it's a misdemeanor.
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we looked into this, mark and i did. >> intentionally infecting somebody. >> it's not necessarily a death sentence but what is so stunning, there are 35 states in the u.s. that have criminalized the sexual transmission of diseases, knowingly doing it and 34 make it a felony to transmit hiv to somebody and alabama it's only a misdemeanor. this guy is facing a class c misdemeanor. >> if you can't find remedy in the criminal justice system, you go with the civil justice system. that's a lot of liability here. >> this is a lawyer's full deployment act. number one, it's on church grounds. you've got somebody who is there who knew about it at the time. i can't even imagine the insurance companies must be reserving millions of dollars. >> if they have it. >> if they have insurance
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because this has got to be the civil liabilities. >> he himself is liable, the church is liable, and now here's the big one. nobody has come forward as the victim. if you don't have a victim in this case, do you have a civil case anyway? >> well, you could probably -- the victim would have to sue. >> so the congregation feeling wronged by the pastor can't sue on behalf of the unwilling victims? >> the theft and arguably the illegal drugs there and doing damage to their brand, if you will. there are ways that you can concoct a legal theory. but somebody can sue under a jane doe. >> you can recover damages for the intentional infliction of distress for the fear. >> absolutely. happy thanksgiving.
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happy weekend. nice to have you both, mel, mark. and thank you, everyone, for joining me i'm going to take a little break. try it some time. it's a lot of fun. stay tuned. my colleague wolf starts right now. right now, tensions escalate between north and south korea just as new speculation emerges on the whereabouts of the elusive leading kim jong-un. and isis takes moves to block any chance for a last-men escape for innocents trapped there. and u.s. troops arrive in monrovia bringing the battle of ebola in this fight against the deadly virus. hello, i'm wolf blitzer. it's 1:00 p.m. in


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