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Legal View with Ashleigh Banfield

Teen Faces 99 Years for Pot Brownies; California Town Protests Release of Rapist to Their Area; Pillowcase Rapist; Stiviano May be Liable for Taxes; No Hard Time for 7th DUI

Aired May 22, 2014 - 12:30   ET

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

PAUL CALLAN, CNN LEGAL ANALYST: Oh, this lawyer's got a quiver full of Fourth Amendment arrows to fire here, because, one, cops need a search warrant to search your house.

They can get permission to enter, but some early reports are they identified themselves as maintenance workers and somebody let them into the house. If that's the case, it's an illegal search. Nothing goes into evidence.

Point number two --

ASHLEIGH BANFIELD, CNN ANCHOR: Nothing? None of what they found is evidence?

BANFIELD: Zero. It's called "fruit of the poisonous tree." You can't use any of it.

Second, there are a lot of other people in the house. How do we know that these drugs are his, as opposed to his roommates. They're trying to blame him for everything. It's kind of hard to prove that before the jury.

BANFIELD: And that cell phone is before the Supreme Court right now.

CALLAN: That's the most fascinating thing. They're trying to prove that he's a dealer of marijuana brownies and they do that with these text messages from his phone. They didn't have a search warrant to look at his phone. And the Supreme Court right now is wrestling with this very question.

BANFIELD: So when Pamela Brown says we're not sure about a plea bargain yet, there's a really reason for it. There are all sorts of ripe material for a defense attorney to go to trial with on this one, and if you're facing 99 years, you might very well want to.

Paul, thank you for that.

CALLAN: Always nice to be with you.

BANFIELD: Help yourself, before I hand to it Trish who's behind the camera who's been eyeballing me since the beginning. CALLAN: Maybe a little bit later.

BANFIELD: OK, thanks very much.

CALLAN: Thank you.

BANFIELD: So we've got another criminal case that we're watching carefully out in a California town. And you're going to need to buckle up for this one, because it involves this man. Recognize him? You might not. He's a bad man from a long time ago called the "Pillowcase Rapist. He attacked 40 women, raping them. He spent 20 years behind bars, particularly in a mental hospital.

But guess what? He's about to be freed. Ain't nothing we can do about it. And the people in the community where he plans to move, understandably, they don't want him there. But have they got any rights at all? We're going to explain this case. We'll explain also how on earth does a man who raped dozens of women get to go free in the first place?

(COMMERCIAL BREAK)

BANFIELD: You might want to have a good look at your refrigerator right now, specifically for the beef. Retailers in nine states may have E. coli-tainted beef in their supply.

Florida, Michigan, Ohio, Illinois, Indiana, Kentucky, Pennsylvania, Tennessee and Wisconsin are of note here. One-point-eight million pounds of ground beef products have now been recalled because of this possible contamination.

And for a list of the specific stores and whether you bought something there, just log onto CNN's.com, all before the Memorial Day weekend. People arriving at San Diego International Airport are being greeted with this, a friendly sign asking them not to visit SeaWorld.

PETA, the People for the Ethical Treatment of Animals, bought the ad to publicize what it calls the park's "mistreatment" of animals. SeaWorld calls PETA an extremist organization and they deny any mistreatment of their animals.

Incidentally, the CNN Film, "Blackfish," which focuses on the treatment of killer whales at SeaWorld amusement parks will be airing again, tonight, here on CNN. That's at 9:00 p.m. Eastern time. Some stories defy words, and in China, this is one of them. In a driving rain, a man catches a 1-year-old baby falling from a second-floor window. If you gasped, there it is again, just remarkable.

He'd seen the child climb out onto the windowsill and rushed across the street in the rain, just in times, yelling, screaming, pointing up, even putting things in the way to try to break the baby's fall in case he missed the child.

And thank God they didn't need the cardboard or that little casing because he did it. He stared, he focused, and when that baby fell, he was there to catch that child. And we're so happy to say the baby is OK. I just can't see that video enough times, unbelievable.

A judge in California is deciding whether the so-called "Pillowcase Rapist" can and should live alongside peaceful and law abiding residents of the Antelope Valley in rural Los Angeles County. You won't be surprised to hear what the residents have to say. Most of them say, no, if not all of them.

But Christopher Evans Hubbart, now 63-years-old, has served all of his prison time followed by a stint in a state mental hospital, which, the doctors there now claiming that he is fit to be released.

You should also know that Hubbart has admitted to raping 40 women in the 1970s and the early 1980s, and authorities suspect that was just the beginning, that there were dozens more.

The potential future neighbors say they feel helpless.

(BEGIN VIDEO CLIP)

NICOLE STONE, ANTELOPE VALLEY RESIDENT: I wouldn't want to risk being here. How is that fair to me to be forced not to come home out of fear from him?

(END VIDEO CLIP)

BANFIELD: We are going to be joined in a moment from Sacramento by will be joined by California State Assemblyman Steve Fox, who is fighting hard against this release, or at least fighting with what he can, with whatever tools the law will give him.

Find out what obstacles he's up against, and they are big, believe it or not, after the break.

(COMMERCIAL BREAK)

BANFIELD: Back now to the latest twist in the case of the "Pillowcase Rapist," where can and where should Christopher Hubbart live now that a state mental hospital in California says he's more or less rehabilitated?

I'm joined now by California State Assemblyman Steve Fox, who says his district has become a dumping ground for sex offenders and he wants to rewrite the law.

Assemblyman Fox, thank you for being on the program today. First question right off the bat I think most of our viewers would like to know is how is a man, who despite his crimes being in the '70s and '80s, someone who's admitted to raping dozens of women violently, how is he not in prison for life?

STEVE FOX (D), CALIFORNIA STATE ASSEMBLY: He should be. The problem is he was sentenced under a set of laws which allows him out. The current set of laws, the sentencing practices, would have kept him in jail for life.

BANFIELD: So, there is nothing we can do, despite the fact that he's dangerous or was dangerous? The experts in the mental hospital have deemed him fit for the release, but what about the people who live in your jurisdiction? Do they have any rights here?

FOX: That's an interesting question. The bottom line is I believe they do have rights. I believe the state of California can act appropriately.

I testified in front of Judge Brown to give him factors that I believe he should consider before releasing him, again, to our community. Our community has a thousand sex predators, and this is the most heinous of all of them in our community.

We have 10 percent of the predators, yet we only have two-point-five percent of the population. We have become the state's dumping ground.

BANFIELD: I know that you sponsored a bill where you'd like to have the community given more notice, you'd like to have the community an opportunity to be heard in court prior to selection of an area and that you'd like the transfer of the case for the local county's court for supervision.

But none of that gets over the fact that these awful predators can still get out and then still have to live somewhere. They've got to go somewhere.

FOX: Well, there's a -- you asked a number of questions. And, yes, right now the problem is, once the predator is transferred to L.A., our county, we have no say. It still remains is in the original Santa Clara County court.

What my Senate Bill 1607 would do is have jurisdiction follow the predator so we could basically decide exactly where he's going to go.

As far as what we can do to stop it, we've also requested a state audit of the state hospital and the physicians to see, are they using best practices and are there any other practices they can put in, in order to prevent some of these predators from coming to our area.

BANFIELD: Let me just ask you. I don't know anything about mental health and medicine in that respect, but I don't understand how so many professionals in the industry of jurisprudence and the industry of medicine have deemed dangerous sex offenders non- -- I'm trying to think of the proper -- they can't be fixed.

They can't be fixed. They will re-offend. How is it that these doctors have determined he's safe to be released?

FOX: I can't answer for their mistake. In my opinion, the payment structure has changed in the law of medicine. It used to be each operation you get a payment, just like in this case, each predator, they're getting a payment for. Medicine is going towards income -- outcome determinative in order to decide whether to pay. Right now this is under the old payment schedule, so the incentive is, patients in, patients out as quick as you can. They have forgotten the main priority, which is the safety of the public.

BANFIELD: Yes.

FOX: And that's where we need to re-gear things at.

BANFIELD: Well, I can't speak for the doctors and I certainly can't make that claim here on CNN that that's their motive for what they've done, but that is - that's a distressing thought if that's at all playing a part.

State Assemblyman Steve Fox, thanks for being with us. I appreciate it.

FOX: My pleasure. And I think the goal here is to protect the public and stop the predators from ever coming into our backyard.

BANFIELD: Thank you so much.

FOX: My pleasure.

BANFIELD: State Assemblyman Steve Fox joining us live from California right now.

I want to move on to a story that we've been following here, embattled NBA team owner Donald Sterling. Now the woman that he referred to as "that girl" so often, V. Stiviano is her name, she's now revealing details about the nature of their relationship, which she somehow claims has always been platonic. How about all those gifts, though? Does that play in?

(COMMERCIAL BREAK)

BANFIELD: Donald Sterling's so-called girlfriend or business partner or arm candy, depending on your preference, well, she swears up and down that their relationship was purely g-rated. And I'm quoting her. Don't roll your eye. We know about the sports cars and the fancy apartments and the piles of cash and fancy clothes of her millionaire best friend -- billionaire best friend. But she says no sex. And we have to believe her, right? No sex. OK. But V. Stiviano has some other issues that she's got to come clean about, and they're a heck of a lot more important than gossip about who did what behind closed doors. And she was on Dr. Phil yesterday.

(BEGIN VIDEO CLIP)

V. STIVIANO: You define sex, any type of, hey, baby, can I get with you type of sex. Never type of sexual --

DR. PHIL: No fondling? No nudity? No nothing?

STIVIANO: No. No.

DR. PHIL: Never?

STIVIANO: No.

DR. PHIL: And -

STIVIANO: Never.

DR. PHIL: And you were just his assistant and he bought you all of these things?

STIVIANO: I was not only his assistant, I was his caretaker. I was his mother. I was his secretary. I was his driver. I did everything for this man in the last three years. I've never had any type of sexual content with Mr. Sterling whatsoever.

DR. PHIL: Did he make approaches to you?

STIVIANO: Never did he ever come on to me. And what I meant by him being in love with me, I meant in love like a person, like a daughter. In love with me in terms of, he always wanted to protect me. I sometimes made bad choices and associated myself with bad people.

(END VIDEO CLIP)

BANFIELD: And there you have it, right from her mouth. And Rosa Flores, a former CPA I might add, is here to talk about the issues with the money.

Look, we had talked a little bit about, when you get gifts and big, you know, payments in something other than cash, you still have to report these things.

ROSA FLORES, CNN CORRESPONDENT: Yes. Uncle Sam doesn't want to know what happens in your bedroom unless money is exchanged, Ashleigh.

BANFIELD: Still cares (ph).

FLORES: In this case -- right, exactly. And then the IRS definitely cares.

Now, in that interview, the other thing that she said was, OK, I did not get a W-2 from Donald Sterling. That is key because if you don't get a W-2, then what happens? The only other option out there is that you're an independent contractor. But how can you make an argument that you're an independent contractor if your only client -

BANFIELD: Working for one person.

FLORES: Yes, Donald Sterling. It would be very difficult for her.

BANFIELD: What about Donald Sterling? Is he in trouble?

FLORES: Well, if he did not give her a W-2, he would definitely be in trouble because, as an employer, and she made that very clear because she's clearing her name saying she is not the mistress, she is not in the bedroom, well then, honey you have to pay taxes to Uncle Sam.

BANFIELD: Who cares? I mean at this point who cares if you were even kissing the guy?

FLORES: Let's not go there.

BANFIELD: You can't take money - you can't take money and not tell the government.

Rosa Flores, thank you for that. Appreciate it.

FLORES: Thank you.

BANFIELD: To a DUI case now. it's got a lot of people wondering, how exactly does a man get arrested for driving under the influence, not once, not twice, not even three, four, five or six times. People, I am talking seven times. And the dude does not go to jail. Really? In America? Yes. How? Next.

(COMMERCIAL BREAK)

BANFIELD: There's some folks in Olympia, Washington, today, who are boiling mad. And you know what, they've been mad for quite some time. Years, in fact, about this guy. As he stairs up into the camera, take a good look. That's local businessman, super-rich, busted for drunk driving, leading cops on a high speed car chase. And it wasn't his first DUI arrest. It was his seventh.

So now he is in jail, you would assume. Throw away the key, you would assume. But apparently not even close. He gets a year of work release, he gets to spend his days at home. Effectively what most people say is a slap on the wrist.

Our Mel Robbins is here now with me to talk about this case.

A, Mel Robbins. I'm not sure I understand how you can get seven DUIs in the United States of America and still be at home on work release.

MEL ROBBINS, CNN LEGAL ANALYST: I don't understand it either. In fact, it's not a slap on the wrist, it's a slap in the face to every American out there. I mean, as far as I'm concerned, here's the deal with - it's -- I don't understand why he has a license, because he's had not one but six prior arrests for DUI.

BANFIELD: So you'd want to know what the prosecutor has to say, right? Our Dan Simon had a quick word with the prosecutor. Let's listen in.

ROBBINS: Yes. I've got a quick word for this prosecutor.

(BEGIN VIDEO CLIP)

DAN SIMON, CNN CORRESPONDENT: Why don't you just stick this guy in prison for a long time?

JON TUNHEIM, PROSECUTOR: Well, in Washington, the law didn't let us do that. It didn't give us that option.

I think if you can keep somebody working while they're in custody so that they're working when they come out of custody substantially reduces the likelihood that they would re-offend, particularly when you're talking about somebody who's an alcoholic or a drug addict.

(END VIDEO CLIP)

BANFIELD: Hey, OK -

ROBBINS: Now -

BANFIELD: Alcoholic or drug addict, all of that fine. Look, seven DUIs, whatever. There were a few other choice things that this man did when he was alluding arrest in his Ferrari with a passenger who was so afraid he dived out of the car and injured himself before the car smashed.

ROBBINS: Listen, Ashleigh -

BANFIELD: There's just myriad of charges here.

ROBBINS: Yes. Yes. So, listen, the prosecutor is now probably freaking out internally because there is so much outrage and he wants to basically say his hands were tied. That is baloney. What happened in this case is the prosecutor agreed to let this scumbag plead guilty instead of sticking it to him with the jury trial. He could have easily said, as the prosecutor in this case, I'm not accepting a plea deal.

BANFIELD: Why didn't he do that?

ROBBINS: You're defending -- your client has done this six times. I'm going to take this to trial. I am going to not only try him for the drunk driving, felony drunk driving, I'm going to try him for felony evading arrest and I'm going to stick to it him and give him the maximum.

BANFIELD: People -

ROBBINS: That is not what the prosecutor did, Ashleigh.

BANFIELD: Look how mad these people are. They're out there (INAUDIBLE) money buys justice.

ROBBINS: I don't blame them.

BANFIELD: The guy is very wealthy. But what is in it for a prosecutor who almost has a slam-dunk case with a victim who's hurt, who apparently is getting help mentally and physically for his injuries after diving from the Ferrari.

ROBBINS: You know -

BANFIELD: You have a - you have such a case. And you've got the (INAUDIBLE).

ROBBINS: Maybe - maybe - maybe it's just easier to dispose of the case.

BANFIELD: Does this happen, honestly?

ROBBINS: It happens all the time.

BANFIELD: Just dispose of it. It's easier. ROBBINS: You know, people want to know how this happens. This guy can hire a lawyer to fight the system. Those lawyers have relationships with everybody. The prosecutor's office is overburdened. And it's a hell of a lot easier to take a plea than to take a case to trial. Next, we've got our conviction, we're out. This is lazy prosecution.

BANFIELD: Well, you know what's awful, is anything - maybe he's not in jail but, folks, his name is Joseph Goodman. And if you see him in your bar, you might not want to give him a drunk or have him in your home anyway.

Thank you, Mel. Always good to see you, Melee Robbins.

ROBBINS: You're welcome.

BANFIELD: Thanks, everyone, for watching as well. My colleague, Wolf, starts now.