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Legal View with Ashleigh Banfield

14-Year-Old Student Used as Bait by Teacher's Aide; Ferguson Citizens Fear Possibility of No Indictment for Officer Wilson; Women on Front Line of Fight Against ISIS

Aired October 29, 2014 - 12:30   ET

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

MARK BOARDMAN, ATTORNEY: We found that school administrators just (ph) appropriate actions and comply completely with federal law as soon as they were notified at this unfortunate instance.

VICTOR BLACKWELL, CNN CORRESPONDENT: And what happened to the boy? Well, he was not charge with the crime. Instead, court record shows the school suspended him for five days for inappropriate touching a female in boy's bathroom then sent him to an alternative school for a short time.

But he eventually returned to Sparkman. It was at least the 13th sexual or violent incident in the boys file. All in this based of two academic years?

BLACKWELL (on camera): What do you think?

JAYDEN, VICTIM: I used to get away with it.

BLACKWELL (voice-over): If you're wondering about the aid in the administrator, June Simpson, the teacher's aid, her attorney says she was forced to resign. But the others had kept their positions with the school system. Ronnie Blair and Teresa Terrell, they're still principal and vice principal here at Sparkman.

And then there's Jeanne Dunaway, the vice principal who allegedly knew about the plan before it was an accident. She has been promoted. She is now principal at a nearby elementary school.

Jayden eventually dropout of school, and at age 19, more than four years after the attack, she continues to struggle.

JAYDEN: It's hard for me to have good days, how days to where, I just want to sit there by myself. I get angry faster. I get insecure.

BLACKWELL (on camera): How will you get to those good days?

JAYDEN: I actually have it our daily court and known everything we know, so that it won't happen again.

(END VIDEOTAPE)

ASHLEIGH BANFIELD, CNN ANCHOR: All right. Thanks to Victor Blackwell for that report. Last month, the Department of Justice, and education jointly submitted a brief in federal court, explaining why the lower courts ruling on the Title 9 violations was wrong. Yes, since the argument came down to this passage.

"If Title IX imposes any responsibility on school officials to prevent sexual harassment, it surely requires a response when they learn, as here, that a 14-year-old special needs student is about to be used as bait to catch a 16-year-old student with an extensive history of sexual and violent misconduct."

Up next, you're going to hear the LEGAL VIEW on this extraordinarily complicated case. Stay with us.

(COMMERCIAL BREAK)

BANFIELD: It's simply incredible that any one thought using a 14-year old special needs students as bait for a 16-year-old boy was a good idea. The attorney for the teacher's aid, June Simpson embroiled in all of this, says now looking back and probably was not a good idea. In fact, you can go so far as to admit, it was the wrong choice.

Choice, so the LEGAL VIEW, I want to bring in CNN legal analyst and defense attorney Danny Sovalo of CNN. Legal Analyst Paul Callan, the criminal defense attorney and former prosecutor. Gentlemen, how about her, this one absolutely concerns me, I don't understand why it's not a criminal case. I don't understand why never went to a grand jury. I can understand why we're so letting 4 to 5 years into this with no resolution. Help me of the ledge.

PAUL CALLAN, LEGAL ANALYST: You know, it's a big ledge that your own, because there are two issues, first of all. Now people should understand, this case is going to go forward as a civil case on stake charges, because the federal charge says, "Hey, there's not enough to went to federal court on this" because in federal cases, you got to prove that there was a process or procedure endorsed by the board of education that was violated. It's very hard...

BANFIELD: That's big challenge.

CALLAN: It's going to be the big picture.

BANFIELD: OK.

CALLAN: OK. But he says on the other hand, there are state charges that can go forward. So, she will get justice at some point in time, hopefully, in the case. But, you ask, I think a more important question, if she was sodomized in this restroom, in this boy's bathroom by this boy, why wasn't he arrested? Why didn't local authorities prosecute the case and I remain somewhat mystified by that the local prosecutor said, when he first interviewed the girl, she didn't say forced and use, and he assumed it was a consensual encountered between the two.

But subsequently, a nurse examined her and there was evidence of bleeding in her anal area which would have supported a sodomy charge. So I'm somewhat mystified is to why wasn't handle as a criminal case.

BANFIELD: The details or I mean, the devils always in the details and maybe the date on the photos were just clear as, you know, as they could have been, maybe the evidence didn't surface for sometime. But the statute limitation should have accommodated for this case.

I look at this and I thought this was a b Bring a wheelbarrow, bring your wheelbarrow for your settlement, because you're going to need something to carry all that money home, and it turns out some kind of like simple.

DANNY CEVALLOS, LEGAL ANALYST: Here's what's amazing about it. This case was thrown out on summary judgment which means that the district court judge look at it and said "You can even prove any material effect. You don't even get a chance to go to trial and have your day in court." And that's always amazing to summary judgment is rarely granted.

And you can see in the amicus briefs as they're trying to appeal this that legislative that, yes, indeed, the school board had actual notice as it require none of the statute. And they were deliberately indifferent. I mean, actual notice in normal (inaudible) is just where they were aware of it before him.

How much more aware of something can you be if somebody comes to have a meeting in your office and says, "Hey, we've got this plan we've hatch up." That to me sounds like actual notice.

BANFIELD: Is that, well, I think we've still got a lot to get through on the story, and we'll have to revisit this one, there's some movement in the case. But Danny and Paul, stay with me, I've got a couple of other things to you coming up.

New report say, Ferguson, the Ferguson police chief in Missouri, Thomas Jackson expected the set down soon. And the weird thing is he denies it. So he's (inaudible) and why it might happened. What happens next in Ferguson as we wait for the grand jury to decide whether or not to charge Officer Darren Wilson and Michael Brown's death?

(COMMERCIAL BREAK)

BANFIELD: Ferguson, Missouri, the American City that cracked this summer along racial fault line. And we're hearing today that the chief of police in Ferguson is going to be stepping down. Let me clarify that we're hearing from state and federal officials pretty good sources that Chief Thomas Jackson is going to be leaving office maybe even by next week. Weird part is chief himself and even the mayor said, "No, it's just not true and it's not going to happen." So, that's odd.

And while we see who's right and who's wrong and what's actually going to happen, the bigger question is would that make any difference at all in the current climate we're in? Will that be enough to allow the people of Ferguson to move on from the Michael Brown shooting and the explosive violence and protest that followed? The chief of police said no one is pushing him out and that he has not been fired. The police officer who fatally shot 18-year-old Michael Brown in August has not been charged with anything yet, but the grand jury is hearing the evidence right now. It could potentially lead to an indictment or not. I've got my legal eagle nest in the pick right now on this, Joey Jackson joining me on this. So, here's the deal, Joey, it's a little weird to be hearing rumors of his demise, but at the same time, is it possible that this might be one of those things to try to pave the road for the kind of news that many on those road they don't want to hear? No true bill, no indictment.

JOEY JACKSON, HLN LEGAL ANALYST: You know, it certainly could be, Ashleigh, but let's start here. We know that there's a grand jury that's in panel, we know a consistent 12 people, we know that they're evaluating two things, but there's reasonable cause to the lead that a crime was committed and be that Darren Wilson committed it, and we also know that of those 12 we need nine to meet that standard.

Now, it has been a bit fishy because there's been information that's leaking out of that grand jury and we know, Ashleigh, that those proceedings generally are very secretive because you want to protect the integrity of it. But I think the chief is one figure here and certainly, he was the face of this incident but I think that it's really a number of other people within the department, everyone needs to be looked and everyone need certainly needs to be evaluated.

We also know that the federal government actually is conducting an investigation with respect to not only this particular incident, but the whole practice of that department. Has been there any wrongdoing? We don't know. Has there been any illegality that's systemic and established pattern? We don't know. But what we certainly do know is that there is a process. We'll let the process play out and we suspect, and we hope that people who absolutely have a right to engage in first amendment and to protest and to allow their voices to be heard will do so peacefully and respectfully.

BANFIELD: So the murmurs are out there right now. In fact, the murmurs of people concerned if there isn't going to be, you know, an indictment case. I want you to take a look at this report with me if you would from Sara Sidner who's in Ferguson. She found when she went there that there were people generally afraid -- afraid that if that policeman is not indicted, their city is just going to blow up all over again.

(BEGIN VIDEO CLIP)

SARA SIDNER, CNN CORRESPONDENT: Ferguson Police Officer Darren Wilson hasn't been seen in public since shooting and killing Michael Brown. Wilson was expected to show up in court to testify in six felony drug cases, but the prosecuting attorney's office says those cases have been dismissed because Wilson did not show up to testify. The last lime he was seen in Ferguson was at the scene of the Brown shooting on August 9th. Ferguson, Missouri hasn't been the same since.

(CROSSTALK)

SIDNER: Nightly protests have not stopped. They are mostly peaceful but...

BRIAN SCHELLMAN, ST. LOUIS COUNTY POLICE DEPARTMENT SPOKESMAN: It takes one person with bad intentions to make the entire situation spiral out of control. They take it above and beyond that, it's not just toward police anymore, sometimes this threats are going against police officer's families.

SIDNER (voice-over): Protester say it's the heavy-handed police response that created the problems. Either way, the fear of what might happen if the grand jury does not indict Wilson is growing.

(on-camera): People are saying this place is going to blow up.

TONY DAVIS, PROTESTER: Yes. Some people -- that's what some people say. I've heard a lot of people saying it. Some people say they'll be a part of blowing it up, you know, if he doesn't get indicted. I just hope it doesn't get bad, I hope they don't like -- you know, I hope nobody gets hurt.

GABRIELLE HENSON, PROTESTER: Well I know that they're going to be really upset with the government buildings. I've heard about curfews that are going to happen. People are still thinking that they're going to be able to protest, and some people are scared and they are stockpiling and just saying that they're not going to be able to get the house and -- it's a lot of people that are scared, but there some people that are just so angry, they don't care.

SIDNER (voice-over): In anticipation that protesters will target government buildings and shutdown certain streets and highways has happened during the height of the protest has school administrators reacting, sending home these letters to parents in the Ferguson- Florissant School District, warning them of possible school closures. One superintendent with students who live in Ferguson has written a letter making a plea to the prosecuting attorney.

(on-camera): What are you asking of the prosecuting attorney's office?

SCOTT SPURGEON: RIVERVIEW GARDENS SCHOOL DISTRICT SUPERINTENDENT: Well, mainly, we want to make sure that the decision doesn't come out during a time with school, kids are in attendance, which gives us the opportunity should something need to be done differently because of their response to the community based on the verdict that's handed down.

SIDNER (voice-over): While the school districts prepare, so are residents, police and protesters, with one protester speaking directly to residence about a rumor and making a promise he hoped he can keep.

UNIDENTIFIED MALE: I know that we're not burning down houses. I know that if I even see somebody wanted to burn down a house, that I would stop him and there's several other like myself that will not allow your homes to be vandalized.

SIDNER: Sarah Sidner, CNN, Ferguson, Missouri.

(END VIDEO CLIP)

BANFIELD: So, Joey, November's next week.

JACKSON: That's right.

BANFIELD: And we're expecting this announcement about an indictment any time.

JACKSON: We really are. So the grand jury will come back, they'll make their decision and people from the community are concerned obviously but I think it's systemic, and they'll protest and they'll be out there, but you trust (ph) and respect as what said in that peace, the few who go out and do things that they shouldn't do shouldn't detract from the masses who are peaceful, honorable and just want their voices to be heard. So we'll wait and see and after the indictment or lack thereof, we'll have another discussion.

BANFIELD: And we'll do one of these for the good people of Ferguson who don't deserve the damage. Joey Jackson it was good to have you. Thank you.

JACKSON: Pleasure actually, always.

BANFIELD: ISIS, here's a message, beware, your worst nightmare. Why do this people right here -- we got to get an up close look because it's a group of women and they -- they are taking on the world's most ruthless terrorist. More on who they are, why they're doing it, and an oh my God factor, next.

(COMMERCIAL BREAK)

BANFIELD: America maybe leading the air war against ISIS, but on the ground, it is mainly bands of Iraqi and Syrian militias on the front lines. CNN's Ivan Watson reports on a small but fierce Kurdish faction that is like no other.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: (FOREIGN LANGUAGE)

IVAN WATSON, CNN CORRESPONDENT (voice-over): Don't be fooled by the pretty song. These women are part of a militia that is ISIS' most deadly enemy in Syria. Kurdish fighters from the People's Protection Units or YPG. They'd fought ISIS on the ground in Syria for more than a year. Only recently, they started getting help from the U.S. in the form of air strikes and weapons drops. A surprising turn of events for this secular, Marxist-rooted which includes many fighters who have long battled America's NATO ally, Turkey.

(on-camera): An important part of this Kurdish movement's ideology is founded on gender equality. That means female fighters fight and bleed on the front lines and that stands in sharp contrast to ISIS which has been covering women up and hiding them from public life.

(voice-over): Addressing the crowd, a top Kurdish official who urges the fighters to protect their people from becoming slaves of ISIS. She is the co-president of one of three Kurdish statements (ph)in Northern Syria, that have largely governed themselves for the last three years. UNIDENTIFIED FEMALE (THROUGH TRANSLATOR): Our dream is to build a democratic society that includes Arabs, Christians and Kurds, living together in unity.

WATSON (voice-over): The Kurds call their region Rojava. Some of them clearly proud of their experiment in self-rule. Life in the town of Derik looks relatively peaceful and secular, unlike other parts of Syria taken over by Islamist militias. But the streets here feel empty. Many of the town's Christian residence have fled and more keep leaving.

(on-camera): This is a sad day for your family, why?

UNIDENTIFIED FEMALE: Yes, because they will go out from our country.

WATSON (voice-over): Peter East's (ph) tearful mother and sister waived goodbye from inside a 1954 DeSoto. Their final destination, Germany. The town's shrinking Christian flock can still walk peacefully through the streets to Sunday school, enjoying the protection of the Kurds.

But the Kurds are paying dearly. At this memorial ceremony, mothers and wives of dead fighters and this widow, she says ISIS killed her husband last year and mutilated his body.

UNIDENTIFIED FEMALE: (FOREIGN LANGUAGE)

WATSON: If I didn't have these children, I myself would go and fight, she swears. Her young son, already wears the uniform of a future Kurdish fighter.

Ivan Watson, CCN, Rojava in Northern Syria.

(END VIDEO CLIP)

BANFIELD: Thanks for watching everyone. My colleague, Wold Blitzer, starts right after this quick break.

(COMMERCIAL BREAK)