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Confessed Killer Testified At Son's Trial; Bus Driver Criticized After Boy Beaten; Castro Family Visits House Of Horrors; Instructor Killed In Tandem Jump; Fort Hood Suspect To Question Victims; Focus Of Manhunt Shifts To Missouri

Aired August 05, 2013 - 14:30   ET

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

BROOKE BALDWIN, CNN ANCHOR: So how -- if you're sitting in this courtroom and you're a member of the jury and you hear him tell one story and then he pulls a 180 and then tells another, how do you handle that? How do you take this guy seriously?

JANE VELEZ-MITCHELL, HOST, HLN'S "JANE VELEZ MITCHELL": Well, you can't. It's like the Jodi Arias trial all over again. He has zero -- he has less than zero credibility.

BALDWIN: Credibility.

VELEZ-MITCHELL: And then his behavior on the stand, I mean, the obscenities and his laughing about this. At one point he even said, you know, this is just one murder. What's the big deal? It's not a lot of people who have died. It's only one person. So this guy -- you know what's really sad is ultimately you have to wonder, will the sins of the father be visited upon the son? Even if the son did have something to do with it given the horrific influence of this man who ripped him from a stable home and then proceed to plot him with drugs, sex tapes, torture animals together. This guy corrupted his son and whether or not his son is guilty or not, you've got to wonder at the end of the day, is the ultimate guilt resting upon this monstrous man?

BALDWIN: So where does this go next?

VELEZ-MITCHELL: Well, we're going to have to see. Basically, a lot of people have said that the prosecution has presented a very weak case against the son. Ultimately, they have a word of some people who said the kid confessed to them. Now, was he bragging, trying to impress his dad, trying to live up to his dad's perverse ideals or was he in some way complicit? Did he help his dad, for example, dispose of evidence? We just don't know.

BALDWIN: Jane Velez-Mitchell, thank you so much. We know we'll be watching. You'll be on this tonight. Your show airs 7:00 p.m. Eastern on HLN. Jane, thank you very much.

VELEZ-MITCHELL: Thanks, Brooke.

BALDWIN: Coming up next, brutal beating on a school bus. Have you seen this? The whole thing caught on camera. The driver of the bus is coming under fire because people are saying he did not do enough to stop the fight. But according to school policy, look at this, according to school policy, he did nothing wrong. What would you do? We're going to talk about this on the case next.

(COMMERCIAL BREAK)

BALDWIN: Just before we get to this next story, fair warning for you. The video you're about to see may be tough to look at. Because what it shows are these three teenagers beating on a boy in a hail of at least a dozen stomps and punches and kicks on this school bus. The attackers are under arrest, but now the school bus driver is under fire for not doing more to help this 13-year-old victim. Here is CNN's Pamela Brown.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: No. You have to get out somebody here quick, quick, quick. They're about to beat this boy to death over here. Please get somebody here quick and they're still doing it. There's nothing I can do.

PAMELA BROWN, CNN CORRESPONDENT (voice-over): The school bus driver, John Moody, looks on in horror, pleading with the dispatcher to send someone to stop the vicious attack.

UNIDENTIFIED MALE: I've got a fight. I need help in a hurry. I've got a fight. I need help in a hurry.

BROWN: Police say three 15-year-olds attacked a 13-year-old after he told school officials that one had tried to sell him drugs.

You can hear the 13-year-old's cries for help as he's mercilessly punched and stomped. Police say the attackers broke the victim's arms and stole his money. The three boys were arrested on aggravated battery charges. According to Pinellas County School policy, the driver is not required to intervene, only to call dispatch. Moody says he was too afraid to step in.

JOHN MOODY, SCHOOL BUS DRIVER: The three boys just jumped on him and started pounding on him. I did all I can. I was looking. I was in shock. I was petrified.

BROWN: Pinellas County leaves it up to the driver, but many counties actually forbid drivers from physically stopping fights. Gulfport police say Moody won't face charges, but that the 64-year-old could have done more.

CHIEF ROBERT VINCENT, GULFPORT POLICE DEPARTMENT: There was clearly an opportunity for him to intervene and/or check on the welfare of the child in this case. And he didn't make any effort to do so.

BROWN: While his attorney says that was not an option, Moody says he's haunted by the attack, wondering if he could have done more.

MOODY: I wanted to help him so bad. I wanted to help him so bad. I wanted to help him.

(END VIDEOTAPE)

BALDWIN: He says he wanted to help him. Sunny Hostin, I'm bringing you in and as always, I know when I talk to you, you have your mom hat and your prosecutor hat on, your legal analyst hat on. It's so easy for people to react to the video, to react to what the school bus driver did or didn't do. Quickly for our viewers, in the piece, the Pinellas County School District said the driver did nothing wrong by not, you know, stepping in. What do you make of it?

SUNNY HOSTIN, CNN LEGAL ANALYST: Yes, I mean, that certainly is a requirement when there is a bus driver watching a fight, a lot of teachers are not required to intervene when there is a physical fight in their classroom. In fact, some jurisdictions prevent or prohibit, rather, teachers from intervening and I think that's surprising to many people.

It's surprising to me as a mother that when your child is in the care of others on a bus or in a school, I think the bus -- the bus, quite frankly, is an extension of the school, that your children really aren't protected by those that are in -- that they're being cared for. And so it's shocking, but that generally is the law.

BALDWIN: Why is that, though? Is it because of the litigious nature of people, the fear of a suit involving the school? Explain that.

HOSTIN: Yes. I mean, I think, Brooke, if you look at the history of the legislation, absolutely that's always been a consideration. You don't want the school district or the bus company to be found civilly liable. We see it in our Good Samaritan laws. There are all of these cases where you see someone, and as a human being, you want to help them, but sometimes, let's say a doctor driving past an accident gets out of her car and helps someone and then there's some sort of negligence.

That person sometimes comes after the doctor for helping and helping in a negligent way. So if you look at the history of these types of situations, yes, people are trying to protect themselves. But I think we've gotten it wrong in our society. I think that when you're a bus driver, I think when you're a teacher and you have other people's children in your care --

BALDWIN: He was on the phone with the dispatch.

HOSTIN: -- you have the duty. That's not enough.

BALDWIN: He was on the phone with dispatch. He was screaming at them to stop. But let's say law aside, as a mom, and this is your kid, this is your 13-year-old, you're sitting there thinking, get up, right?

HOSTIN: Yes, get up. Get up. Defuse the situation. Maybe you don't have to get physical, but you are the adult in charge. And so I think there has to be some sort of legislation put in place that requires bus drivers to get involved. Remember, there was a case -- I believe it was in Arkansas where a deranged man got on a school bus and was asking that school bus driver to take two children off the bus. Well, what did he do? He protected them. Yes, he lost his life. One of the children was taken to a bunker and we know how, you know, that story.

BALDWIN: Alabama.

HOSTIN: In Alabama, not Arkansas. But I think that that bus driver did what all parents and people, quite frankly, expect our bus drivers, our teachers, our adults, to do when they are caring for our children. So I think at the very least, Brooke, let this case be a lesson that changes need to be made here in Florida where this happened and all around our country. And we need to examine what really are the responsibilities of bus drivers and teachers, for that matter.

BALDWIN: Sunny Hostin, love your perspective. Great to see you back here. Thank you very much.

HOSTIN: Thanks, Brooke.

BALDWIN: Coming up, back to San Diego. Back to the mayor there, Bob Filner, he begins day one of his two-week intensive rehab therapy today after several allegations of inappropriate sexual behavior, sexual misconduct have begun to surface, but the calls for his resignation, folks, not going away. That's next.

(COMMERCIAL BREAK)

BALDWIN: In Cleveland, Ohio, Ariel Castro's family members visited the home where he held those three young women captive for more than a decade. The family gathered items from the home like musical instruments, tools before this whole thing is demolished. Remember, this is part of that whole plea deal. Any money they find will be turned over to authorities. Castro's lawyer described some of the items that the family found in there.

(BEGIN VIDEO CLIP)

CRAIG WEINTRAUB, ARIEL CASTRO'S ATTORNEY: They were fortunate to find some of their personal effects at the house. They haven't seen since childhood.

UNIDENTIFIED MALE: Like what?

WEINTRAUB: Well, they found a lot of pictures and they found things that they had in their bedrooms when they were little children. And so it was really -- it was very emotional for them and I'm glad that they found some finality here today.

(END VIDEO CLIP)

BALDWIN: That house is due to be torn down as early as this week.

Now to some of the hottest stories in a flash, we call it "Rapid Fire." Roll it. Beginning in Boston, closing arguments are set for today in a trial of reputed mob boss James "Whitey" Bulger. Prosecutors not at all holding back, calling the accused mob boss one of the most, quote, "vicious, violent and calculating criminals to ever walk the streets of Boston." Each side has three hours to make its case before the jury decides Bulger's fate.

In Mississippi, a veteran skydiver has died, and a novice is in critical condition after a parachuting accident over the weekend. The pair jumped in tandem but never made it to the landing zone. Both were found hours later in a heavily wooded swamp. The sky-diving company says the instructor was highly trained, highly experienced.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I will tell you that the instructor, highly trained, professional, thousands of jumps, tandem instructor, pilot, accelerated free-fall instructor. He's been in the sport for many, many years.

(END VIDEO CLIP)

BALDWIN: The sky-diving company says the main chute had been cut away, and the reserve chute was deployed. The exact cause of the accident is under investigation.

And San Diego Mayor Bob Filner today begins his two weeks of therapy related to his alleged sexual harassment of women. At least ten now, ten ladies have claimed Filner made inappropriate comments to them, engaged in improper conduct. Filner who took office just eight months ago admits he needs help.

(BEGIN VIDEO CLIP)

MAYOR BOB FILNER, SAN DIEGO: Beginning on August 5th, I will be entering a behavior counseling clinic to undergo two weeks of intensive therapy to begin the process of addressing my behavior.

(END VIDEO CLIP)

BALDWIN: Filner has refused to step down as mayor, and no interim mayor has been named while he is in the two weeks of therapy.

Lunch, anyone? In London, the world's first stem cell burger. You heard me right. It was cooked and eaten today. It took three months to make it out of a cow's muscle cells. The test tube burger cost around $330,000 to develop. Whew, and was mostly funded through an anonymous donation. A volunteer taster said the burger was, quote, "close to meat, but misses salt and pepper." A lot of money for a burger.

Coming up next, the trial of alleged Fort Hood shorter Nadal Hassan set to begin this week . Did you know he'll be representing himself in the trial? So his victims, they will have to take the stand and answer questions from the man who shot them that's next.

(COMMERCIAL BREAK)

BALDWIN: Three years and nine months ago, an army base in Texas came under attack not by some overseas enemy but by one of their own. Army Major Nadal Hasan is accused of committing that 2009 mass shooting at Fort Hood. Testimony in his court-martial is expected to start tomorrow. You remember the story. This man allegedly killed 13, wounded another 32. Some of whom spoke about the massacre in a video last year.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The first round of bullets, one hit me in the chest. I had to go down to the ground to get cover and I obviously couldn't breathe because I had been shot.

SPECIALIST MICK ENGNEHL, U.S. ARMY: All of a sudden everybody starts freaking out and panicking. So me and my buddy dropped down and low crawled to the hallway behind us where then we encountered a female soldier laying on the floor in the fetal position, holding her stomach, saying "My baby! My baby!"

STAFF SGT. ALONZO LUNSFORD, U.S. ARMY: His face, why he was shooting was, it wasn't a battle cry. It wasn't a grimace. It wasn't a smirk. It was just a cold, hard look as if he did not care.

(END VIDEO CLIP)

BALDWIN: Well, now not only will these victims see Hasan again, they will be compelled to answer his questions because Hasan is representing himself. Let me bring in Criminal Defense Attorney Janet Johnson. Janet, when I was reading about this morning, just putting yourself in these shooting victims' shoes, it seems to me like they would be reliving this here when they are being cross-examined by this man. How do they prepare for this? Can they at any point say I don't want to answer your questions?

JANET JOHNSON, CRIMINAL DEFENSE ATTORNEY: Well, you know, I think somebody can object for the government and say those questions are not appropriate, but no, I mean, there's no way to prepare yourself for basically being victimized all over again. And you know, Major Hasan is a doctor. He's not a lawyer. And so he's not trained in a court of law to know what is appropriate and we already know that he's admitted to doing this. So it's hard to know what's going to happen and that's what makes this case so incredibly unpredictable.

BALDWIN: Right. And the thing is, like he said, he said he had -- he would have a guilty plea. The prosecution and the judge, they don't want to accept it because they want ultimately this jury, if the jury convicts him then it could mean death for him. But can you just give us some context? Because from what I've read, the military's death penalty system has been called ineffectual and faulty.

JOHNSON: Well, it's been 50 years since somebody was executed. And that was someone who raped and murdered a little girl and there have been people on death row. One guy has been there since 11 1989. Most people think the odds of him being excused are very slim because of appeal after appeal. And certainly representing himself is a whole avenue for appeal that he's leaving open by doing this. But you know, I guess they want on the table the possibility of a death sentence. And if he pleads, that is off the table. He tried to get that deal, but he couldn't get it.

BALDWIN: How -- when have you ever heard of someone in a situation like this representing him or herself?

JOHNSON: Well, you hear about people representing themselves all the time. But for a military capital punishment case --

BALDWIN: Right.

JOHNSON: -- this is unprecedented. And this is a guy who has dismissed lawyer after lawyer. He's already recused a judge. And he spent a lot of the last four years litigating whether he could wear a beard in military court because he is a member of the military. He won that. So he will be bearded. But he's in a wheelchair.

He had to have special facilities built just so he could have a study, a place to have a library near the courthouse. So it is an extraordinary case. But I suspect one that will end up with a guilty verdict because he basically has admitted, in his one defense, that he was doing this to protect the Taliban. The judge already said she won't allow that.

BALDWIN: Protect the Taliban from our soldiers who are going over there. This is his perspective. If, you know, he is found guilty, if he is convicted, final question, how likely is it, given what we discussed with the death penalty in the military, how likely is it that he will be put to death?

JOHNSON: You know, I don't know about the odds, but I would say it's much more not likely that he be put to death because based on the track record and the president has to ultimately sign the death warrant, and no president has done that in 50 years. It's hard to imagine. Either way he's is going to die in prison. The question is whether it's by capital punishment or by natural causes.

BALDWIN: As we mentioned, all of this begins tomorrow. Janet Johnson, thank you very much.

JOHNSON: Thanks, Brooke.

BALDWIN: Coming up, the search for an inmate who made this daring escape shifts focus. Hear where this guy may now be hiding and why his mom is behind bars. Remember this?

(COMMERCIAL BREAK)

BALDWIN: In Arkansas, the manhunt for an escaped convict has shifted now from Arkansas to neighboring Missouri. Authorities say Derek Estelle has ties to the Dallas County area north of Springfield, and they believe that may be where he's hiding out. We are also getting new details today on Estelle's daring escape and who may have helped him. Here's is CNN's Nick Valencia.

(BEGIN VIDEOTAPE)

NICK VALENCIA, CNN CORRESPONDENT (voice-over): Derek Estelle is on the run after this brazen jailbreak last week in Garland County, Arkansas. Now police have identified another possible accomplice. His mother, Glenda Estelle, has been arrested for allegedly helping her 33-year-old son escape. According to the police report, between June and July, a total of 40 calls were made between Estelle and her son, detailing a plot to break free from the jail.

VITO COLUCCI JR., PRIVATE DETECTIVE AND FORMER POLICE OFFICER: This guy escaped just in march from another prison. Now, you think when he went to this new one, they would have said, this guy is a runner. We got to make sure we keep our eyes on him all the time.

VALENCIA: Police say that Estell seen in this video talking on the phone right before his escape was speaking with his mother. According to a review of the call, his mother asks if he's still shackled. A short time later he jumps out the sliding glass window. Police have also arrested 58-year-old William Harding, suspected of distracting the guards and providing the getaway car.

And an arrest warrant has been issued for the driver of that car, Tamara Upshaw. As for Estell, he was being held for allegedly stealing a car in March and leading police on a chase that ended with a standoff.

DEP. SCOTT HINOJOSA, GARLAND COUNTY SHERIFF'S DEPARTMENT: Typically in the past, any dealings with Mr. Estell, there's been -- he's had in possession of firearm.

VALENCIA: Estell's lengthy rap sheet includes 26 charges of aggravated robbery, breaking and entering, burglary and fleeing.

(END VIDEOTAPE)

VALENCIA: Still on the run, Derek Estell is considered and dangerous. As for his mother, CNN has not been able to determine if she's hired an attorney. Nick Valencia, CNN, Atlanta.

(END VIDEOTAPE)