Return to Transcripts main page

Legal View with Ashleigh Banfield

Theme Parks Investigation; Hamas Rejects Cease-Fire With Israel; Train Derails in Moscow; CDC Review Finds Problems

Aired July 15, 2014 - 12:00   ET

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

JOHN BERMAN, CNN ANCHOR: Starts right now.

MICHAELA PEREIRA, CNN ANCHOR: You are eight kinds of wrong, you know that?

BERMAN: Yes.

DEBORAH FEYERICK, CNN ANCHOR: Employees at your kid's favorite theme parks arrested in sex stings off property. A six month CNN investigation. The deeper we dig, the more upsetting it gets.

Also this hour, casually walking into the gym for a workout just a day after the Boston Marathon bombs exploded. A disturbing new look at Dzhokhar Tsarnaev, video evidence in the first trial tied to this attack.

And he's in the middle of a trial for the murder of his model girlfriend. So what was Olympian Oscar Pistorius doing mixing it up with patrons in a South African bar?

Hello, everyone. I'm Deborah Feyerick, in for Ashleigh Banfield. It is Tuesday, July 15th. Welcome to LEGAL VIEW.

Well, it's where every child's dream comes true. Where you're supposed to feel safe and kids can be kids. As parents, you're going to want to pay close attention to this story because it's an investigation involving child sex predators. Some of the most famous theme parks are involved. As you're getting ready to pack the family van and head to central Florida's Walt Disney World, Universal Orlando or even Sea World, you'll want to see what we found in our six-month investigation. We're talking about a pattern of theme parks, employees arrested in sex stings after work hours. Here's CNN investigative correspondent Kyra Phillips.

(BEGIN VIDEOTAPE)

KYRA PHILLIPS, CNN INVESTIGATIVE CORRESPONDENT (voice-over): They are people you would least expect. Some are married with children.

UNIDENTIFIED MALE: I've been on Craigslist looking for a friend.

PHILLIPS: Others have been working with children for years.

UNIDENTIFIED MALE: I work around kids all the time at Disney.

PHILLIPS: This man even admits to having sex with an underage teen before getting caught.

UNIDENTIFIED MALE: We talked and kissed.

PHILLIPS: All of them employees at Florida's Walt Disney World, known as the happiest place on earth. All of them arrested. A CNN investigation found since 2006 at least 35 Disney employees had been arrested for sex crimes against children, trying to meet minors for sex, or for possession of child pornography.

And it's not just Disney. Five employees were arrested from Universal Orlando and two from Sea World. So far, 32 have been convicted, eight have pled not guilty and two have not entered a plea.

PHILLIPS (on camera): To be clear, none of these cases involve children or teenagers visiting the parks. However, according to law enforcement, despite the most stringent background checks, child sexual predators are still being hired.

UNIDENTIFIED MALE: Do you think that it was wrong to come here to meet a 14-year-old?

UNIDENTIFIED MALE: Yes.

PHILLIPS (voice-over): This is 40-year-old Allen Treester (ph), who police say advertised himself online as "big teddy bear for younger chaser." He was a concierge at Disney's Animal Kingdom Lodge, previously working the Toy Story ride. This is Treester getting arrested after police say he showed up to meet what he thought was a 14-year-old boy, hoping, according to his text messages, to fulfill a fantasy. Treester was actually communicating with an undercover detective. He has pled not guilty. However, listen to what he tells detectives during his interrogation. He actually confesses to having sex with a teenage boy just three and a half weeks before this Polk County sting.

UNIDENTIFIED MALE: So you still went there for that, to have sex with him, knowing that he was 15-years-old?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: Was that another fantasy? I mean that was, again, a younger age. So -

UNIDENTIFIED MALE: I guess.

PHILLIPS: That's right, Treester admits he drove to Georgia to have sex with a 15-year-old boy he met online.

UNIDENTIFIED MALE: My life is ruined. My family's life is ruined.

PHILLIPS: Forty-nine-year-old Robert Kingsilver (ph) was a maintenance supervisor at Disney's Magic Kingdom, monitoring and fixing rides like Tea Cups, Winnie the Pooh and It's a Small World. He says he loved his job, especially the children.

UNIDENTIFIED MALE: To see the look on the children's faces, you know, when they get to see, you know, Prince Charming or maybe run into Mickey, that was the best part is just seeing kids glow and seeing their heroes.

PHILLIPS: That all ended in February when Kingsilver pulled into this driveway, not knowing that he was walking into a sting operation. Within seconds, he is caught and arrested for trying to seduce and lure a 14-year-old child to have sex. Take a look at the graphic text messages between Kingsilver and the undercover detective who was posing as an underage girl. Kingsilver says he's a cuddling and snuggling kind of guy who enjoys giving oral sex.

UNIDENTIFIED MALE: The bottom line is, obviously, you were talking to an undercover law enforcement officer. You weren't talking to a 14- year-old girl, OK? The bottom line boils down to is that conversations that you had maybe with the girl later on was sexual in nature. Was it not?

UNIDENTIFIED MALE: Yes, it was.

UNIDENTIFIED MALE: OK.

PHILLIPS: Even though he admits to police he wrote the messages, he tells us he was just trying to protect the girl. He has pled not guilty and says his family is standing by him.

UNIDENTIFIED MALE: They love me. My kids know me and they know how much I care for kids. They know how much I love them, all four of my kids. And they know that their dad is not somebody that would go out and hurt a young child. They know their dad is somebody that would go out and protect a young child at any cost.

PHILLIPS: And the arrests are continuing. Four Disney employees were caught in sting operations in just the last five weeks.

(END VIDEOTAPE)

FEYERICK: And when we come back, we're going to share what Disney had to say and what we found out about arrested employees at other Florida amusement parks. We'll also hear what a congressman says needs to happen so theme parks don't hire employees who turn out to be sex offenders.

(COMMERCIAL BREAK)

FEYERICK: Well, we've been telling you about a series of employees at Florida's Walt Disney World arrested for sex offenses. And while none of these cases involve children or teens who were visiting the park, CNN investigations correspondent Kyra Phillips reports that the problem appears broader than just Disney, prompting one congressman to call for change. As you will hear, he wants theme parks to be able to polygraph employees who work around children.

(BEGIN VIDEOTAPE)

PHILLIPS (on camera): Our investigation reveals year after year Walt Disney World employees are getting arrested for child porn and in sex stings set up by Florida Police agencies. And it's not just maintenance workers like Robert Kingsilver. It's security guards, a performer, a costume maker, even a pastor.

PHILLIPS (voice-over): This is 50-year-old Sedrick Cuthbert (ph), a former custodial manager at Disney World's Port Orleans Resort and also a pastor. Police say he was downloading child pornography and soliciting a child for sex online while on the clock at Disney. And at the same time, writing a sermon for his church.

UNIDENTIFIED MALE: What do you have to say to the --

PHILLIPS: Cuthbert pled no contest and was sentenced to six years in prison.

SHERIFF GRADY JUDD, POLK COUNTY, FLORIDA: We go after these predators with a vengeance.

PHILLIPS: Grady Judd is the sheriff of neighboring Polk County, known nationally for his aggressive approach to child sex predators.

PHILLIPS (on camera): I talked to a number of these men and they said, it's entrapment, I was totally set up.

JUDD: What else are they going to say? Are they going to get on national news and say, I'm a pervert? I'm a child predator? I seek sex with little boys? No, they're not going to say that. When they tell you that, look them in the eye and say, you're a liar. What you really are is a pervert, a sexual pervert and a child predator.

UNIDENTIFIED MALE: I have never done this. I have no bad record. I can't lose my job over this.

PHILLIPS (voice-over): This is 32-year-old Patrick Holgerson (ph), a Disney street performer and VIP tour guide in training. He's seen here in photo after photo posted on his FaceBook page. He tried to run from police when they say he showed up to have sex with a 13-year-old boy. It was a sting. Holgerson had engaged in graphic sexual chat, even sending a picture of himself with Mickey Mouse. And it got more explicit from there. Holgerson has pled not guilty. He, too, told police he was just looking out for the child.

UNIDENTIFIED MALE: I was going to see if he was really doing this and I felt it was wrong and I was going to actually call it in once I left here.

PHILLIPS: Disney declined our request for an on camera interview, but in a statement said, "we have extensive measures in place, including pre-employment and ongoing criminal background checks and computer monitoring and firewalls. The numbers reported by CNN represent one- one hundredth of one percent of the 300,000 people we have employed during this time period. We continue to work closely with law enforcement and organizations like the National Center for Missing and Exploited Children as we constantly strengthen our efforts."

So what does the co-founder of the Center for Missing and Exploited Children say about sexual predators being hired at businesses that cater to children?

ERNIE ALLEN, CENTER FOR MISSING AND EXPLOITED CHILDREN: This is a real threat.

PHILLIPS: Ernie Allen is the president of the International Center. He says, for every sexual predator that gets caught, there are still thousands of them we don't know about out there, trolling for children.

ALLEN: Most of those who have criminal records are the dumb ones. They're the ones who have gotten caught. Most of those who prey upon children don't have criminal records.

PHILLIPS (on camera): Is there more that Disney could do?

ALLEN: I think there's more that Disney can do. There's more that everybody can do. It's hard to imagine a company that's tried harder to address this issue than Disney.

PHILLIPS (voice-over): Disney's competitors, Universal and Sea World, face the same challenges. This is 23-year-old Matthew Cody Myers.

UNIDENTIFIED MALE: Face that way, OK.

PHILLIPS: Universal Studios fired him after he was arrested in Polk County's most recent sting. Police say he showed up to have sex with someone he thought was a 14-year-old girl.

UNIDENTIFIED MALE: So when the sex was instigated by you --

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: What did you say to instigate the sex act?

UNIDENTIFIED MALE: I was like, would you want to?

UNIDENTIFIED MALE: Want to what?

UNIDENTIFIED MALE: Have sex.

UNIDENTIFIED FEMALE: Take some deep breaths.

UNIDENTIFIED MALE: I'm trying.

PHILLIPS: Myers told police he wouldn't have really gone through with it and he has pled not guilty.

Universal told us, "we have zero tolerance for this kind of activity. We deal with situations such as this immediately and permanently." Like Disney and Sea World, the company also said, "all our team members undergo thorough background checks as part of the hiring process."

Sea World said, "the safety of our team members and employees is our top priority," adding that it has "policies and procedures in place, and we take appropriate action as needed"

SHERIFF GRADY JUDD, POLK COUNTY, FLORIDA: What we're doing with Disney and everyone else is we're putting shackles on them and then wondering why they can't win the race.

PHILLIPS: Sheriff Judd says businesses that cater to children need to go one step further and use polygraph tests.

JUDD: Anyone that works around children, whether it's in church, in the nursery, or whether it's at Disney or any other of our theme parks, or whether it's in schools, we should be able to give a polygraph examination to them.

PHILLIPS: Reality is, Congress citing privacy and civil liberties issues, has made it illegal for most private companies to polygraph employees.

REP. DENNIS ROSS (R), FLORIDA: So one tool that hasn't been employed --

PHILLIPS: Florida Congress Dennis Ross, a former attorney for Disney World in the late 1980s, wants to change that.

ROSS: They're doing all they can with what we've empowered them to do.

PHILLIPS: But the sexual predators are still getting hired, so --

ROSS: Which is why we need to be vigilant and as a policy maker to give more tools so that we can prevent the next one from occurring.

PHILLIPS: After learning about our story, Congressman Ross introduced legislation that would give companies that serve children the option to polygraph employees. Something Disney told us it would consider.

What's the ultimate result here?

ROSS: That we save the next person that's out there. We owe it to ourselves, we owe it to our children, we owe it to our future, to make sure that we do everything we can to make sure that the next victim never happens.

(END VIDEOTAPE)

FEYERICK: Kyra Phillips will be joining me live, coming up next, with more on what's being done to keep your children safe from predators.

Also, disturbing new details after CDC workers are exposed to anthrax. Dangerous substances were apparently kept in Ziploc baggies.

(COMMERCIAL BREAK)

FEYERICK: Welcome back. Accused sexual predators manage to get jobs at some of the country's most popular theme parks. A stunning CNN investigation reveals the risk that predators pose.

So what is being done to keep our kids safe? Earlier today, our own Chris Cuomo asked the Florida sheriff who's spearheading efforts to catch child predators before they strike what he thinks needs to be done.

(BEGIN VIDEO CLIP)

JUDD: We can use polygraphs and we do before we hire a law enforcement officer. The law enforcement officer that's going to guard your business, come into your home at night if there's a problem, has to pass a polygraph. But the teacher, that teaches your elementary school and middle schoolchildren doesn't have to take a polygraph. The person that's going to be dealing with your children at a theme park can't take a polygraph. It is against federal law.

(END VIDEO CLIP)

FEYERICK: Investigative correspondent Kyra Phillips is behind the CNN investigation that brought the situation to light. Also joining us from Atlanta, HLN legal analyst Joey Jackson.

First to you, Kyra. It's fascinating. The man said it's hard to imagine a company that tries harder than Disney to keep out these predators.

PHILLIPS: Right.

FEYERICK: But the bottom line, are these parks safe?

PHILLIPS: Well, you know, Disney, Universal, SeaWorld, all insist, yes, they're doing everything possible and our theme parks are safe. They want to make that very clear.

And also, these parks take immediate action with these men that are arrested. None of them work there any more.

We pointed out that none of these cases involve children or teenagers that were visited the park. But clearly there is a problem, and more can be done according to Congressman Dennis Ross, who, after seeing our piece. is now proposing this legislation so that they have the ability to polygraph these employees, which I know you're going to talk about with Joey in just a second.

But the sheriff made it very clear, the predators go where the children are, and he thinks more should be done.

FEYERICK: What's interesting also is that in one particular egregious case, the man used an image, a very child-friendly image, to lure in his alleged victim.

PHILLIPS: Right, he had a picture of himself with Mickey Mouse.

FEYERICK: That's what we saw in the piece.

PHILLIPS: Sure. And what are kids drawn to?

FEYERICK: That's exactly right. This is not, however, just a problem at theme parks. PHILLIPS: Point well made. Even Congressman Dennis ross Raid, you know

what? If law enforcement across this country got more aggressive and did these types of stings, that we'd find sexual predators being arrested all across the country, theme parks, schools, mega churches, you know, places where we feel our kids should be safe.

You don't think about sexual predators in these environments. This was eye-opening for me as a mom, as I told you.

FEYERICK: I can imagine. But I'll tell you one thing. You need to talk to your kids, and you cannot talk to them soon enough about protecting themselves and making sure they're aware that there are people out there --

PHILLIPS: Yes.

FEYERICK: -- who are not kind and want to hurt them.

PHILLIPS: Mine are 3. I'm already talking to them.

FEYERICK: I talked to mine when they were very young. That's what a parent can do.

Now to you, Joey, you heard throughout the story, the sheriff calling for polygraphs for everyone who works around children.

Civil liberty issues with this, clearly, first of all, let's talk about the polygraph. Polygraph isn't even admissible in court because it's not always consistent. So what are the issues?

JOEY JACKSON, HLN LEGAL ANALYST: There's a couple of things. First of all, Kyra, great work with this report, and you've been speaking to your kids since they were 1, not 3. Who are you kidding?

PHILLIPS: You're right. Joey knows. Joey knows I'm very proactive.

JACKSON: No doubt about it, but here's the reality. There's a couple things with polygraph. We know that they're not foolproof, Deb, but very few things are foolproof. But they are telling.

Yes, you could deceive polygraphs and that type thing, but there's a couple issues going on here. The first is federal law, and what does it say? There's the Employee Polygraph Protection Act that was passed 25 years ago, and pursuant to that act, private employers cannot go and take their employees and polygraph them.

There are certain exemptions to that, and state and local governments are exempted by that. But that's the first issue. So they can't do it.

I do think, as a result of Kyra's reporting as a result of this issue, we may see a shift, because now it's out there. Kids need to be safe. They need to be protected. A theme park and you can't, the employees there, polygraph them and they're looking at children all day? Doesn't make sense, Deb.

So I think as a result of that you'll see legislative changes. Polygraphs are not foolproof, but it's a start in the right direction to ensure that people are being truthful and honest in their applications when they apply for certain jobs.

FEYERICK: Yeah, there's no question. Also, they could probably just tell the person, you know what? If you're a child predator, we will find you, we will fire you, and make that very clear right at the beginning of the interview.

All right, Joey Jackson, Kyra Phillips, great work. Thanks so much.

PHILLIPS: Thank you.

JACKSON: A pleasure, Deb.

FEYERICK: Really great job.

And of course there is a lot more on this. If you have a tip for Kyra or the investigative unit, please go to CNN.com/investigate.

And tonight, the congressman who wants to make a change after seeing Kyra's report lays out his plan. Dennis Ross is on live tonight on "AC360" at 8:00 p.m. Eastern.

And a cease-fire between Israel and Hamas has failed. The Egyptian- backed plan collapsed after only six hours, Israel briefly halting air strikes but Hamas refusing to stop firing rockets.

The plan called for all sides to cease hostilities until high-level talks could take place. The latest fighting has killed more than 190 Palestinians in Gaza.

Twenty people were killed after a metro train derailed in Moscow today. Another 150 injured, 42 in critical condition.

Three cars derailed in a tunnel during morning rush hour. It's not clear what caused it, but the head of Moscow's transportation department said it was not a terrorist attack.

An investigation into the recent anthrax exposure at the CDC has turned up all sorts of other problems, including an instance of H5N1 bird flu mixed with the regular flu strain.

Anthrax stored in unlocked refrigerators and hallways was another problem and other dangerous materials being transferred in Ziploc bags.

A congressional committee will hear more from witnesses coming on Wednesday.

And dozens of mothers and their children who cross the U.S. border are sent back to Honduras. CNN crews were there as they processed back into that country, what leaders in Honduras say about the growing problem at the U.S. border.

(COMMERCIAL BREAK)