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Jodi Arias Bank on Stand; Nurse Refuses to Attempt CPR; Hate Crime, Something Else in Mississippi Mayoral Candidate Death; Live Newborns Murdered in House of Horrors?

Aired March 04, 2013 - 11:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ASHLEIGH BANFIELD, CNN ANCHOR: Like I said, it's a little bit fun now to watch as she weaves detail after detail of a complete phantom crime.

Beth Karas and Vinnie Politan from our sister network on TruTV are joining me.

You guys have watched from day one as this woman has told lie after lie after lie. And it reminds me of Casey Anthony, who is making news today, back in court. I'm going to talk about that in a moment.

Beth, start here. Redirect, it's what her defense attorney gets to do to try to clean up the mess that was left behind by a ruthless prosecutor. Can they do it?

BETH KARAS, CORRESPONDENT, "IN SESSION" ON TRUTV: I really don't know, Ashleigh, if they can do it. But two things -- three things the defense has to focus on, her allegation that the victim, Travis Alexander, was actually attracted to little boys, and his increased violence against her so she says once she found out that little secret. Her defense will fall apart if because -- that's what it hinges on, if he cannot rehabilitate her, because the prosecution has pretty much neutralized it. Also, they'll deal with this premeditation. The state said she planned this trip to go and kill him. They brought out new facts on cross-examination. The defense has to deal with her road trip from northern California to Mesa, Arizona, in June of 2008.

BANFIELD: A road trip in which she packed extra gas inside the car perhaps so she wouldn't have to stop and get identified in the state and turned the license plate upside-down.

Vinnie, these are what we call bad facts and you can't change a bad fact. How can you homogenize it? What can he do about this?

VINNIE POLITAN, CORRESPONDENT, "IN SESSION" ON TRUTV: Are you asking me to give advice to the defense here?

(LAUGHTER)

(CROSSTALK)

BANFIELD: Yes, he needs it. (CROSSTALK)

BANFIELD: He needs a lot of advice on this one.

POLITAN: Here's the problem. The problem is that this jury has watched what we just watched, the "48 Hours" interview and interrogations. They have seen her lie on tape. So now they have to determine whether she's telling the truth or lying in real person. They need some sort of corroborate for all of this. I don't think she can clean up her stories, what she has said. The best opportunity that they have at this point will be the experts who will testify after her. As they come across as very credible and they can explain all of this lying and behavior --

(CROSSTALK)

BANFIELD: Hope they can.

POLITAN: -- that points, in one way, I think that's the best chance. The bottom line, you're not believing it, I'm not believing it -- I don't know if Beth is believing it either.

BANFIELD: I hope they can do the right thing because everyone deserves a great defense in America and she needs the best defense possible.

POLITAN: She's getting a great defense.

BANFIELD: Yes.

POLITAN: She's getting a great defense.

BANFIELD: The defense attorneys dealing with the hand that was dealt to him.

Beth I want to switch gears because there is a related story -- since Vinnie, you were following this as well.

Vinnie, I want to get you on this.

First, Casey Anthony went into bankruptcy court, she's one of our best examples of a remarkable liar. She captured the nation, the world's attention because of her remarkable lying, all the way up until her murder trial for the death of her little daughter. But she was acquitted. She didn't take the stand.

So how is it going to be for Jodi Arias, who had to sit there and lie or not lie straight to the jury? Big difference when you're on stand as opposed to not?

POLITAN: It is a big difference. But she claims self defense. You can't claim self defense without testifying. George Zimmerman will have to testify in his case. You claim self-defense, unless there's a videotape or independent witnesses, you have to testify. That's the difference between the two cases here.

And there was the forensic evidence that put her there at the time of the killing that was inconvertible.

BANFIELD: That's a bad fact too, a bloody palm print there.

(CROSSTALK)

BANFIELD: You've got to cough up in other version.

Beth and Vinnie, I'm flat out of time. But I have a feeling we'll talk tomorrow about what happens today on the stand. I can't wait.

POLITAN: Absolutely.

BANFIELD: You two, thank you very much.

A refusal to perform CPR on a woman who was dying, all of this despite pleas from a 911 operator. It was company policy. Can't wait to see what the legal panel has to say about that.

(COMMERCIAL BREAK)

BANFIELD: Trial resumes today for the man known as the "cannibal cop," with the defense expecting to begin his case. His attorney argues his online chats and e-mails about kidnapping and raping and cooking and eating women were just fantasy. Sick as they are, just fantasies with other people online, but not a real plot, not a conspiracy. The prosecutors have one more witness to call today before wrapping up its case. The prosecution's attempting to improve that Valle, a former New York City police officer, and his conspirators intended to carry out their actions and had even picked potential targets.

Doctors are calling it a medical first. A 2-year-old girl in Mississippi is the first child to be what's quoted "as functionally cured of HIV," the virus that causes AIDS. A functional cure means the presence of the virus is so small that lifelong treatment is no longer necessary. That baby was treated aggressively with three drugs all at the same time, and all starting at about 30 hours after she was born.

Was Michael Jackson's tour promoter responsible for his death? An e- mail described as a smoking gun appears to suggest that the company, AEG Live, may have played a bigger role than previously thought. The e-mail was one of the documents just unsealed ahead of next month's trial for wrongful death. It's been filed by Michael Jackson's children against the concert promoter. The e-mail from AEG to the show's director seems to exert pressure to get Jackson to attend rehearsals and states that AEG was paying Conrad Murray's salary, the doctor, and not Michael Jackson. Jackson died 11 days later of an overdose of Propofol. They have previously denied that Dr. Murray was on its payroll.

If someone collapsed right in front of you, would you do anything to try to save that person? There are a lot of people who are very upset with an independent living facility in Bakersfield, California, that refused to try reviving an 87-year-old resident. No one on the staff was willing to help. Just listen to the 911 operator as she pleads with the caller to please do something.

(BEGIN VIDEO CLIP)

911 OPERATOR: (EXPLETIVE DELETED) is there anybody that works there that's willing to do it?

GLENWOOD GARDENS CALLER: We can't do that.

(CROSSTALK)

911 OPERATOR: Are we just going to let this lady die?

GLENWOOD GARDENS CALLER: That's why we're calling 911.

911 OPERATOR: We can't wait. She can't wait right now. She is stopping breathing. She can't wait for them to get there.

(END VIDEO CLIP)

BANFIELD: Lorraine Bayless was eventually transported to the hospital but she later died.

My legal panel joins me now for more on this.

First of all, I think, Randy, you need to layout what some of the rules and regulations and contracts are at facilities like this. Because it make change the dynamic of how people feel about this.

RANDY ZELIN, DEFENSE ATTORNEY: You need to understand and our audience needs to understand a few things. First of all, a couple of acronyms, DNR, Do Not Resuscitate, and AND, which is Allow National Death, and ACLS, which is Advanced Cardio-Life Support, meaning, when somebody is in really bad shape and the heart stops and the extraordinary measures you have to take to revive them.

First, this was a retirement home and as a condition of residing here, you sign a contract that says in the event you need life support, we're not going to do it. We will call 911. And the residents agreed to this. Why? Because studies show 5 percent of elderly patients who need the ACLS, Advanced Cardio-Life Support, don't survive. If they do, they are even worse. This retirement home has a policy, we'll get the hospital but we're not getting involved. If you don't like it, don't come to our facility.

BANFIELD: They agree and they sign.

And, Sunny, is the staff, even this staff member who identified herself as a nurse, are they liable for any type of condition that might result of their attempt at CPR or any kind of resuscitative action? Meaning, they could get in big trouble if they do this and it doesn't go well.

SUNNY HOSTIN, CNN LEGAL ANALYST: Of course, that's right. But I think, at some point, Ashleigh, we as human beings have to take off the legal hats. We have to take off the rule hats and we have to put on our humanity hats. You have a woman dying in front of you. As a medical professional, I think you do have a certain duty of care. If it's not a legal obligation, it's certainly is an ethical obligation.

I'm horrified. I had my grandmother pass away last year. Thankfully, I had her at home with wonderful care at home with me. But I cringe. I'm devastated to think that someone's family member was there within just feet from someone who was medically trained to help them, and because of some rule, did nothing. I think, if we as a society are there and if the law protects us in that way, it's just a sad, sad day, isn't it?

BANFIELD: It feels very sad. And you're right, the moral obligation alone especially for someone who is a nurse, who would kick in.

I'll say this, the woman who died, her daughter is also a nurse and told our affiliate, that she was -- KGET -- that was satisfied with the care of her mother at the Glenwood Gardens. So there's that.

And I also, want to read this statement that came in light of this incident: "In the event of a health emergency at this independent living community, our practice is to immediately call emergency medical personnel for assistance and to wait with the individual needing attention until such personnel arrives. That is the protocol we followed."

So, there you have it.

HOSTIN: They need to revisit the protocol.

BANFIELD: I think you're right.

You know what else? I think everybody who signs on to living in an independent living facility needs to read all of the print before they sign as do family members as well.

Sunny and Randy, thank you.

An openly gay African-American running for mayor in Mississippi found dead. Is this a hate crime? Is it a random murder? Or is it something else? Our legal experts will tackle that case next.

(COMMERCIAL BREAK)

BANFIELD: In Mississippi, the killing of an openly gay man that could have come out of the pages of a John Grisham novel. Marco McMillan was found dead. His family says McMillan had been beaten and dragged, and that his body had been burned.

But here is where the story gets very strange. The county medical examiner, the people who actually do the autopsies, said that's not true. He says, yes, there were signs of an altercation but that a beating was not the cause of death. Also, a 22-year-old man has been charged with murder in this case. It is a strange case without question.

Our legal team joins us now, CNN's legal analyst, Sunny Hostin, and defense attorney, Randy Zelin.

Sunny, normally, we have the facts of the case, the science of the case when a charge has been levied, but we have two completely different stories. One would indicate a hate crime and the other wouldn't. What do you think is going on here?

HOSTIN: I think that the investigation, the criminal investigation clearly is ongoing. I think that you have a family in mourning getting information probably from the medical examiner and coroner's office as well. I suspect that that's where all of this is coming from, this sort of disconnect in the facts.

And police officers and prosecutors are really loath to give out information to the public and even to a family member when the investigation is ongoing and they don't want to compromise the investigation.

BANFIELD: But these -- details, these are details that launch riots. I mean, to have a gay black mayor candidate beaten and dragged and burned --

HOSTIN: If that's what happened.

(CROSSTALK)

BANFIELD: That's what I'm saying. I'm astounded that the authorities wouldn't come out right away and clear the air on this when the medical examiner effectively has.

Randy, the station in Memphis, WPTY, reports that the person who is arrested Lawrence Reed, actually had a relationship, that they were boyfriends, and that this may be something far closer to a domestic dispute than anything that the family is inferring. How does that play into how you charge?

ZELIN: It plays in a few ways. This is a tragedy. You have a very promising young man with a promising future, who took the bold step of saying I'm gay, I'm going to do something that hasn't happened in Mississippi before, and I'm going to run for elected office. And unfortunately, what I think may be going on here, it's one thing to say that someone died as a result of a domestic altercation between two men in a relationship, and it's another thing to create this very politically charged, politically motivated headline of, hey, openly gay man running for office, beaten, burned --

BANFIELD: It's huge.

(CROSSTALK)

ZELIN: -- dragged. We've seen other homophobic bias attacks.

Yes. And unfortunately, I wonder which it is. The fact we have to wonder is scary because the medical examiner is in the best position to get it right because if they have a determined cause of death, they have a body there. They know if it's beaten, burned and dragged.

(CROSSTALK)

HOSTIN: That's why we have to be so careful here.

(CROSSTALK)

BANFIELD: I want to make sure that the facts, at least that have been come known to our affiliate, WPTY, are that these two were in a relationship, but it could have been a friendship, and that there's a possibility there may have been sexual advances made, but nobody seems to know the full story. At least that's the reporting. I think we will start to learn a lot more as the investigation continues.

BANFIELD: Coming up, an abortion clinic in Philadelphia where live newborns were allegedly murdered. The doctor behind what's being called a House of Horrors is going on trial today.

(COMMERCIAL BREAK)

BANFIELD: In Philadelphia, jury selection begins today in the so- called House of Horrors murder trial. 72-year-old abortion doctor, Kermit Godnal (ph), is accused of performing illegal, late term abortions and then murdering the newborns. He's also charged in the death of an adult woman, a patient, who died of anesthesia overdose. The prosecutor says the conditions inside the clinic were so horrible that they defied description.

Let's bring in CNN legal analyst, Sunny Hostin, again, defense attorney Randy Zelin.

First of all, what was found in this clinic, bags and bottles of aborted fetuses, jars of severed feet. There is remarkable evidence in this case.

Randy, let me start with you.

This is not a story about abortion because these babies were delivered live and their spines were severed with scissors. This is not an abortion case. This is a murder case.

ZELIN: Unfortunately, as horrific as the allegations are, and as horrifying, I mean, just horrifying, this case, if you're defending this doctor, it's not about murder and it's not about the babies because you have nowhere to go with it. You do have to make this case about abortion. This doctor, you have to portray him as a doctor of last resort. These are terrible conditions because this is all I can afford. The women that I was treating, they had no money. They were illegal immigrants. They were women of no means. And if not me, then nobody. An abortion is legal in this country, even up to 24 weeks. Late-term abortions are not per se illegal. I didn't commit a murder. I performed that best that I could.

BANFIELD: Sunny, I'm just having trouble with this because some of these babies were six, seven and eight month old fetuses. How did we get beyond these states and their laws, how can you get beyond this?

HOSTIN: Well, I think the prosecutors are going to try to get beyond it. I think Randy, though, makes a good point. I think that what the prosecutors will show is that this doctor was not an Ob/Gyn. This doctor was not a person trained in providing abortions. And that this doctor did not play with within the medically accepted rules. You can't deliver a child and sever their spine with scissors. That is never part of medical treatment.

BANFIELD: I'll say.

HOSTIN: It's going to be a difficult case, believe it or not. I think Randy makes some pretty strong and valid points and those are the points that the defense will make.

BANFIELD: Well, jury selection begins today and we'll see how jurors feel having to look at those body parts in that clinic.

Sunny and Randy, thank you.

Coming up later today, a surrogates' unimaginable dilemma. She's offered $10,000 to abort the baby growing inside of her. The story is coming in "THE SITUATION ROOM" today at 4:00 p.m.

That's all the time I have for you today. Thanks for watching.

AROUND THE WORLD is coming up right after this short break.

(COMMERCIAL BREAK)