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Legal View with Ashleigh Banfield
New Ferguson Shooting Video; Mayweather Comments on Ray Rice Scandal; Pistorius Not Guilty of Premeditated Murder
Aired September 11, 2014 - 12:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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ASHLEIGH BANFIELD, CNN ANCHOR: Boxer Floyd Mayweather may be the last person who needs to comment on the Ray Rice domestic violence scandal.
Mayweather has served time for abuse, but that didn't stop him from effectively sticking his foot in his mouth this week.
At a news conference promoting his next fight this Saturday he told reporters the NFL was too harsh with its indefinite suspension of Rice.
CNN's Sara Sidner reports on why the prize fighter hasn't paid the kind of price the Ravens' running back has played.
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SARA SIDNER, CNN CORRESPONDENT: Boxing champ Floyd Mayweather, Jr., defending more than his 46-and-0 winning streak this after comments he made about Ray Rice's punishment for this disturbing incident.
Tuesday, Mayweather told reporters the NFL was wrong to increase Rice's punishment after this video surfaced, adding, "I think there's a lot worse things that go on in other people's households. It's just not caught on video, if that's safe to say. You know, I wish Ray Rice nothing but the best."
The boxer is no stranger to the issue of domestic abuse. In 2011, he was convicted of it, for beating and kicking his children's mother. The children watched.
Given your domestic violence history, why did you feel the need to just say anything about it and defend him?
FLOYD MAYWEATHER, JR., BOXER: I said what I had to say. You know, I can't just keep dwelling on this. You know, it's time for me to focus on my fight.
You know, I'm not an NFL player, and I apologize to the NFL for whatever I said, or for whoever I offended. Like I said before, I'm not perfect.
SIDNER: Unlike Rice, Mayweather's career is still going strong. When Mayweather was convicted of domestic violence, soon after, a judge in 2012, allowed him to delay going to jail so that he could take part in a big money, highly publicized bought.
What do you think he was treated differently than Rice?
YOLVIS RODRIGUEZ, SPORTS FAN: There was no videotape, like you said. I believe if the videotape was out it would have been a different story.
SIDNER: After this video went public the NFL suspended Rice indefinitely. His team cut him.
Contrast that with Mayweather, who made $32 million in the fight after being convicted and sentenced for domestic violence.
Boxing fans didn't desert him. That fight in 2012, generated 1.5 million pay per view buys which translated into $94 million according to Mayweather publicity documents.
Mayweather's attorney argued in court back then that canceling the fight would hurt the local economy. Several local businesses told us, that's true.
PHIL LITTLE, BOXING FAN: It's the almighty dollar, I'm quite certain. He's also a woman beater and what -- used to be a fan of his, not anymore after I heard that.
SIDNER: But there are plenty of others in his corner. Mayweather stands to get a $40 million-plus payout in his upcoming fight against Marcos Maidana.
Do you think athletes such as yourself that make big money for yourself and for the city itself, do you think you get preferential treatment because of what you do even if you're convicted of domestic abuse?
MAYWEATHER: As of right now, no disrespect, but my job is to focus on Maidana. It's time for me to leave that in the past and focus, because I have a tough task in front of me Saturday.
SIDNER: Because he still has a job to focus on.
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BANFIELD: Sara Sidner joins me live from Las Vegas where the job that he's focusing on is Mayweather fighting on Saturday.
So what's the backlash, or is there any backlash, where you're standing Sarah?
SIDNER: Look, it's pretty much business as usual. We reached out to some of the sponsors, Showtime, for example, where people pay to watches these fights and pay big money, didn't have a comment. O'Reilly Auto Parts, who sponsors the fights, didn't comment.
Corona, which was front and center during the prefight press conference, did talk to us, saying they don't sponsor Mayweather, but they do sponsor Golden Boy Productions which actually represents Mayweather, but a lot of boxers overall. What we're seeing here, if you talk to people, people say, look, you're going to be treated differently if you're caught on camera, clearly, than if you're just convicted. Ashleigh?
BANFIELD: So, generally speaking, the fans feel the same way as the sponsors? What about the Vegas officials? Are they weighing in? Do they have any part in this?
SIDNER: We couldn't get them to comment either. I can tell you back in 2012 the prosecution in that case, when a judge says hey, we're going to go ahead and let you delay going to jail so you can take part in this fight, the prosecution was angry.
They argued with the judge, saying why should he be given preferential treatment, Ashleigh, very frustrated with the justice system. It says, what kind of message does that send to everybody else?
BANFIELD: Maybe there's a very strange irony in all this, Sara, because what he said was, gee, I'm sure a lot worse happens behind closed doors, and maybe that's the problem, is that because it's behind closed doors, that's why it stays there.
If you don't get the video, if you don't get the elevator video, you don't get the outrage.
Sara Sidner, thank you. Nice to see you.
It is a very big day in the "Blade Runner" murder trial, yes, that trial that's been going on so long. South African track star Oscar Pistorius will not be facing a first-degree murder conviction, even murder.
That does not mean his legal troubles are over, though. A judge has been on the bench and talking and talking and talking and still has yet to announce whether he's going to face something really serious, like culpable homicide. What is that exactly?
Going to break it down for you and what his reaction was in court, after the break.
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BANFIELD: After six months, yes, six months, Oscar Pistorius has been cleared today of murder in that killing of his model girlfriend Reeva Steenkamp. But hold on. He is not off the hook yet by any stretch.
He's known as the Blade Runner, and he is still facing other charges, even possible prison time too. The judge, even though she spoke from the bench for quite some time, hasn't finished announcing the verdict but does say that the state did not prove premeditated murder, so that he cannot be found guilty of murder.
The Olympic runner cried multiple times as the judge began reading her verdicts this morning. The Blade Runner still faces charges, though, including culpable homicide and three different weapons charges.
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THOKOZILE MASIPA, SOUTH AFRICAN JUDGE: The accused, therefore, cannot be found guilty of murder (inaudible). That, however is not the end of the matter, as culpable homicide is a competent verdict.
I am of the view that the accused acted too hastily and used excessive force. In the second senses, it is clear that his conduct was negligent.
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BANFIELD: Even those weapons charges carry prison time. The judge is going to continue reading her verdicts and the reasoning behind them tomorrow, so make sure you stay tuned. We'll have the final results on that trial coming up.
And in other news, a new tape exclusive to CNN shows witnesses reacting to the shooting of Michael Brown when it happened in Ferguson, Missouri.
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UNIDENTIFIED MALE: He had his (EXPLETIVE DELETED) hands in the air.
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BANFIELD: Find out what exactly they say they saw and why they were at the scene of this deadly shooting and why this tape is so significant to the case.
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BANFIELD: An exclusive new video and brand new witnesses are surfacing in the Michael Brown shooting case. The unarmed teenager was shot and killed by a police officer last month in Ferguson, Missouri. The new video shows two construction workers reacting, just moments after the shooting actually occurred. CNN's Randi Kaye looks at this video that brings a whole new perspective to the case.
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RANDI KAYE, CNN CORRESPONDENT (voice-over): Just after 12:00 Noon, Ferguson, Missouri, the men you see in this exclusive cell phone video hear gunshots. They are about 50 feet away from Michael Brown and Officer Darren Wilson. The unidentified person recording this video captured the witnesses' reaction during the final moments of the shooting.
UNIDENTIFIED MALE: He had his (EXPLETIVE DELETED) hands in the air.
KAYE: Both men were contractors working in the area. They did not want to be identified. The man on the left in the pink shirt told CNN they heard one gunshot. Then about 30 seconds later, a second shot. He says he saw Michael Brown staggering. Then, he says, brown "put his hands up and said, OK, OK, OK." The witness told us the cop didn't say get on the ground, he just kept shooting. That same witness described the gruesome scene, saying he saw Michael Brown's "brains come out of his head." Again reiterating his hands were up. Watch how he motions on the video.
UNIDENTIFIED MALE: Man, he was going like this.
KAYE: The video these witnesses say was taken shortly after the shooting ended. If you look closely, you can see a police officer in the distance beginning to put up crime scene tape. Both men told us by the time it was over, there were three officers on the scene, but only one involved in the shooting.
Another voice is also heard on the tape. The contractor in the green shirt told me that voice belongs to a man he didn't know who pulled up alongside them yelling this.
UNIDENTIFIED MALE: He was no (EXPLETIVE DELETED) threat at all.
KAYE (on camera): That same contractor in green also told me that he saw Michael Brown running away from the police car. He said Brown put his hands up and that the officer was chasing him. He also said that Officer Wilson fired another shot at Brown while his back was turned.
KAYE (voice-over): The contractor in the pink shirt also shared this, that a second officer who arrived later to the scene also drew his weapon. He said, "the one cop was the one who shot him. Then I saw the other officer pull a gun out but he didn't shoot." That same worker described how Brown staggered dead after the second shot 20 to 25 feet to the ground, explaining, "he was like a walking dead guy."
Keep in mind, these men don't live in Ferguson and don't know the Brown family, but their account does square with what other witnesses have said. The woman who took cell phone video of Brown's body lying in the street also told CNN that Brown was shot from behind, just like the contractor in the green shirt says.
PIAGET CRENSHAW, WITNESS: While he was running away from the officer trying to get away, he was getting shot at.
KAYE: This witness told Anderson that he didn't see Brown's hands up, perhaps because he was running outside to the scene. But he did see Brown turn around before being fatally shot.
MICHAEL BRADY, WITNESS: About time I gets outside, he's already turned around facing the officer. He's balled up. He had his arms like under his stomach and he was like halfway down, like he was going down. And the officer lets out about three or four shots at him.
KAYE: Randi Kaye, CNN, New York.
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BANFIELD: I want to talk more about this with our legal analyst Sunny Hostin and Mel Robbins.
I should add that Randi has also reported that they have spoken to the police and the FBI, so they're part of this, you know, account is in the investigation.
First to you, Sunny. It can't be underscored how significant this part of the witness account is in the very notion that it is pure, fresh and within minutes of what happened.
SUNNY HOSTIN, CNN LEGAL ANALYST: Well, you know, I don't know. I think that certainly this is important evidence, but I am surprised at how important people believe it is because there are five other witness accounts that square, square with what these two witnesses are saying. Remember, we've got the person that was with Brown during the incident.
BANFIELD: Dorian.
MEL ROBBINS, CNN LEGAL ANALYST: Right.
HOSTIN: Dorian. We've got a woman who was inside her vehicle.
BANFIELD: Tiffany.
HOSTIN: We've got another woman who observed the incident from her apartment balcony.
BANFIELD: Piaget.
HOSTIN: We've got a man who was inside his apartment.
BANFIELD: Michael.
HOSTIN: We've got another man who was standing outside. Only two of them knew each other. Those were the two women that --
BANFIELD: Tiffany and Piaget, right.
HOSTIN: Right, that worked together. And so the suggestion somehow that this is such a game changer because of these two people are saying that his hands were up, which is the same thing that all of the other people were saying, I think is - is remarkable.
ROBBINS: I disagree.
BANFIELD: The point -- the - and the reason I bring it up is not that their accounts are somehow not pure, but when they gave them. Because there's been so much media attention that by the time these other witnesses gave their accounts, could they not have been poisoned by all of the talk and the yelling and screaming that's been going on in this case.
ROBBINS: Well, it - there's something else entirely in my mind that's going on about why this evidence is such a game changer and why it is so incredibly important for the prosecution. And that is because it's visual evidence. So it's fine to have a parade of five witnesses come on and you hope that they testify in a manner that puts the jury right at the scene, and you also hope that those five witnesses are not slowly picked apart by cross-examination or small inconsistencies because, remember, this isn't a citizen that shot somebody, it's a police officer. So there's also, you know, the fact that lots of jurors feel like they - you know, that a police officer has more of a right to shoot. And especially in Missouri there is law.
BANFIELD: So their -
ROBBINS: But hold on a second -
BANFIELD: Yes.
ROBBINS: Let me just explain. This is a video that happened right after.
BANFIELD: Seconds.
ROBBINS: Seconds.
BANFIELD: Seconds.
ROBBINS: And what you're seeing --
HOSTIN: Well, three minutes. Three minutes I'm told.
ROBBINS: But you're see - but what you're seeing is you're seeing the authentic -
BANFIELD: Reaction.
ROBBINS: In the moment reaction.
BANFIELD: Right.
ROBBINS: And these guys are outraged. And they're confused by it. And they're so emotive that they're throwing their hand in the air. That is very, very difficult --
HOSTIN: It's very good (ph) evidence and it's helpful, but I believe that the sort of narrative that has come in covering this case is, these other witnesses aren't credible. Dorian is a liar. The other folks were outraged, you know, by the media coverage.
BANFIELD: No, but they were just countered by the witness account, the friend of the officer who called into the radio show. My point is that these guys --
HOSTIN: Well, but that's not even a witness account. We heard --
BANFIELD: So it's an account of a witness account that was called into the police and it was corroborated, the police said that it is his story, that what she said is his story.
HOSTIN: That - and we have -- but we haven't really heard from the officer.
BANFIELD: My point though - my point, Sunny, to this is that, there have been so many ugly voices coming in on opposite ends of the spectrum screaming about race and screaming about, you know, executions and screaming about - I mean everything has been said. One of these witnesses actually has been using the terms that people have said on TV when she gives her witness accounts. As lawyers, that's the first thing you do with witnesses on the stand, you turn - you try to start grabbing what they've been saying from media accounts.
HOSTIN: Yes, but -
BANFIELD: As part of their memory. And it's not their fault, necessarily. A lot of those witnesses, they take --
ROBBINS: It's called inference (ph). The brain actually --
BANFIELD: It's inference memory.
ROBBINS: Yes.
BANFIELD: They believe that's what they saw but they've been listening to so much coverage as well.
HOSTIN: And I don't believe that. I think --
BANFIELD: But it happens. It happens in courtrooms we cover.
HOSTIN: It does happen. But that's not what has been happening here. Remember --
BANFIELD: How do you know?
HOSTIN: These are people that were interviewed the same day of this incident, the same day, Ashleigh.
ROBBINS: Well, but -
BANFIELD: Not by the media. Not by what you've seen. It actually took a few days.
HOSTIN: Wait a minute. Wait a minute. Yes. Wait a minute. But the bottom line is, we do have witnesses that watch a lot of television. They watch Law and Order. so they may use these terms, but that does not mean that they did not see what they saw. Prosecutors every single day put their cases together by getting people from the community who saw things, who are very brave to get up and get on a witness stand, and to say that they are not credible is just a disservice to the --
BANFIELD: I got to leave it there, only because we are flat out of time. But this is definitely not over, this conversation.
But Wolf Blitzer trumps all of us.
Thank you both. I appreciate it. Wolf is coming up right after this break.
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