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Legal View with Ashleigh Banfield

Examining Accusations Against Bill Cosby; New York Choke Hold Case; Synthetic Drug Deaths Subject of Special Report

Aired December 02, 2014 - 12:30   ET

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


(BEGIN VIDEO CLIP)

JANICE DICKINSON, COSBY ACCUSER: I was only thinking of stuffing it inside an area so deep in my subconscious that it is now coming up and I'm sober today through the grace of god and I have crystal clear memories of this entire incident.

(END VIDEO CLIP)

ASHLEIGH BANFIELD, CNN HOST: Sexual assault accusations against Bill Cosby have been around for years. But sporadic media coverage has meant maybe people didn't know as much about it as they certainly know now after 17 women have come forward.

CNN's Jean Casarez looks at how journalist may have failed to cover the scandal over the past decade.

(BEGIN VIDEOTAPE)

JEAN CASAREZ CNN CORRESPONDENT: For years, their stories have been out there.

BARBARA BOWMAN, COSBY ACCUSER: I didn't really talk about it much, because nobody was believing it.

BETH FERRIER, COSBY ACCUSER: People did not want to believe our story.

JEWEL ALLISON, COSBY ACCUSER: I finally said, I can't live in fear for the rest of my life.

CASAREZ: But it is only been in the last month that the stories and the graphic detail have gained traction. Cosby's attorneys have denied these allegations.

JOAN TARSHIS, COSBY ACCUSER: The next thing I remember is being on his couch with him taking my clothes off.

THERESE SERIGNESE, COSBY ACCUSER: My next memory is feeling drugged and him having sex with me.

CASAREZ: What took so long, turns out the accusers may not have been the only ones reluctant to tell the stories. Mark Whitaker, who used to work for CNN in his 2014 authorized biography of Bill Cosby, doesn't touch the topic. And Whitaker didn't bring it up in a recent appearance right here on CNN tonight just weeks before the scandal (inaudible) wide open.

MARK WHITAKER, COSBY BIOGRAPHER: He has been a pioneer in so many areas. I knew that the Cosby Show is so big that people forget, you know, all the other ways in which he, you know, advance entertainment. And then an African-American man becomes the most successful advertising pitchman in the country.

CASAREZ: Bob Huber, former writer for Philadelphia Magazine, is outraged that Whitaker left it out.

BOB HUBER, FORMER WRITER, PHILADELPHIA MAGAZINE: Frankly, I think it's unconscionable. These allegations have been out there for almost a decade.

CASAREZ: Huber admits in his 2006 profile of Cosby, he didn't question the star about the accusations. He blames not being able to get close enough to Cosby to ask him.

UNIDENTIFIED MALE: You were writing about this, you were doing this big profile. You got invited to spend some time with Cosby, right, but you weren't allowed to ask him questions?

HUBER: Right.

CASAREZ: New York Times columnist, David Carr put Whitaker's omission front and center in his column for the Times last week. Those in the no included Mark Whitaker who did not find room in his almost 500-page biography to address the accusations that Mr. Cosby had assaulted numerous women.

Whitaker then responded to the omission for the first time by twitting this, "David, you are right. I was wrong not to deal with the sexual assault charges against Cosby and pursue them more aggressively." Carr also calls himself an enabler of the alleged mistruths when it comes to Cosby. And those in the no also included me.

CNN has obtained a sworn deposition Bill Cosby gave in 2005 as part of an ongoing civil suit brought by former Temple University employee Andrea Constand. That suit ultimately was settled but in this deposition Cosby says that a media outlet suppressed another woman's story at his request.

Cosby was asked, what is your understanding of the agreement that you have with the National Enquirer concerning your exclusive interview? I would give them an exclusive story my words. What would they give you in return? They would not print the story of -- print Beth's story.

Accuser Beth Ferrier says her story was dropped from publication in the magazine after Cosby issued his one and only interview on the Constand and Tamara Green accusations, while not commenting on Ferrier's story American media who publishes the National Enquirer tells CNN, "The National Enquirer, more than any other publication, was unflinching in our aggressive coverage of allegations against Mr. Cosby beginning in 2000 when everyone else avoided the story." E- mails and calls to Cosby's attorney, Marty Singer, for the story have not been returned.

Jean Casarez, CNN New York.

(END VIDEOTAPE)

BANFIELD: And one, know as well on that story that while Mark Whitaker didn't bring up the Cosby allegations when he appeared on CNN before the scandal broke, he also was not asked by CNN about those accusations either. And of course, another big reason why the Bill Cosby scandal hasn't been at the forefront may be the pressure is on these alleged victims to remain silent, whatever the pressures are.

This morning on CNN's New Day, Jewel Allison explains why it was difficult for her to come forward because she didn't want to take down a man that has meant so much to the black community.

ALLISON: For me, being a woman of color, the pain is perhaps magnified because part of my not wanting to come out and say anything was, "Oh my God, I don't want to destroy the positive images that were created in such a wonderful way on television for black people."

BANFIELD: So, Miss Allison is among 17 who have now claimed that Bill Cosby sexually assaulted them. And the question looming over the scandal is whether Bill Cosby will do anything about it. Will he fight the allegations that are being made against him? He is barely saying a word otherwise.

And joining me to talk about Cosby's legal options is CNN legal analyst Sunny Hostin. Why wouldn't Bill Cosby sue all 17 for defamation if he's innocent?

SUNNY HOSTIN, CNN LEGAL ANALYST: Yeah. I'm asking the question a lot of people have been asking, but to show defamation, approved defamation, you have to prove that the allegations are false. So truth is on your side. The question is what is the truth? Are all 17 women defaming him? Are all of them lying about him? And that's a pretty big hurdle.

I got to tell you, you know, when you have a defamation case with one voice, a soloist, that's one thing, when you have a defamation case with a choir, with a chorus of voices, that's another thing. So I suspect that is why we're not hearing from Bill Cosby. But I along with others have said, if these allegations are false, as your attorney has alluded then sue...

BANFIELD: Do something.

HOSTIN: ... for defamation.

BANFIELD: Do something about it.

HOSTIN: Because no answer, because he's been so very...

BANFIELD: Yeah.

HOSTIN: ... silent, Ashley, no answer kind of it as answer. BANFIELD: What about the notion that Janice Dickinson now says she is livid that she's being called a liar, could she then turn around and sue Bill Cosby's representatives on behalf of Bill Cosby calling her a liar because she said she is suffering in the public and she's a public figure. And if she loses any money over this, that's classic defamation.

HOSTIN: Yeah. She certainly could. And I do want to mention that when you have a public figure, the standard is a little bit higher, so you have to prove actual malice, you have to prove that you knew it wasn't true. And yet, you know, with malice, you said it anyway.

And so, Bill Cosby, if he sued the women for defamation, has a pretty high standard, because he's a public person. And if Janice Dickinson wanted to sue Bill Cosby, her standard would be a little bit higher as well.

BANFIELD: Higher as well. But if Bill Cosby wanted to sue the other 16 who were not public figures and it doesn't count that they're public figures now because this is the event.

HOSTIN: Well, he's the public figure.

BANFIELD: It would relatively easier for him.

HOSTIN: No, not really. I think he's...

BANFIELD: Because he doesn't have to prove malice on their part...

HOSTIN: He's the public figure.

BANFIELD: They're not public figures.

HOSTIN: Well, no, he does -- he would have to prove. The malice is about the public person. So if you're the public person and you've been defamed, Ashley, then you are the person that has sort of the actual malice standard. Remember, he would be bringing the suit. So it wouldn't be easy. But again, everyone is saying, if all of these women are not being truthful which -- I've got to tell you again that, you know, in my experience, women telling pretty much the same story over and over and over again have nothing to gain...

BANFIELD: If you had it backwards, I think...

HOSTIN: ... some kind of change.

BANFIELD: ... if the women wanted to sue him for any kind of defamation since they're not public figures, they'd have an easier case against them.

HOSTIN: That's right.

BANFIELD: Yeah.

HOSTIN: That's right.

BANFIELD: Well, we'll watch to see if any of that happens because why be silent if you're innocent.

HOSTIN: Right.

BANFIELD: Why not taking on, you know...

HOSTIN: Ask the question.

BANFIELD: ... (inaudible), right? All right. Sunny Hostin, thank you for that, appreciate it. Another grand jury is now being closely watched, and this time it is in New York. Eric Garner died after police officers put him in a chokehold without the details of the case. And here's something else, there's video which might make a big difference in this incident.

(COMMERCIAL BREAK)

BANFIELD: So Ferguson is not the only high profile case with the white police officer involved in the death of a black man. In New York, a special grand jury could issue a decision as early as this week in a so called "chokehold death" of Eric Garner last July.

The officer at the center of that case testified before a grand jury for two hours last week, and our Randi Kaye has the details of what we know about the day Eric Garner died.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: (Inaudible).

RANDI KAYE, CNN CORRESPONDENT: July 17th, Eric Garner is about to be arrested in Staten Island, New York for illegally selling loose cigarettes. But something goes horribly wrong and it's all caught on tape by a bystander.

ERIC GARNER: I'm minding my business officer. I'm minding my business, please just leave me alone.

KAYE: That's Garner, a black 43-year-old father of six weighing 350 pounds. Several New York City police officers are about to take him down.

GARNER: Don't touch me. Don't touch me.

KAYE: Look closely. One officer, Daniel Pantaleo who is white, has his arm around Garner's neck.

DANIEL PANTALEO, NYPD OFFICER: Put your hands behind your back.

KAYE: Listen to Garner's cries, muffled by the pavement.

GARNER: I can't breath. I can't breath.

KAYE: What police may not have known was that Garner suffered from asthma. His body appears to go limp. Garner was later declared dead at a nearby hospital. Police say he had a heart attack and died on the way. Less than a month after his death, the New York City medical examiner made the official ruling, the cause of death compression of neck a chokehold plus compression of chest in prone positioning during physical restraint by police. His death was ruled a homicide. Complicating matters, again they also found that asthma, obesity, and cardiovascular disease were contributing factors.

The city erupted in protest.

UNIDENTIFIED MALE: We just came out here to give support and make sure that we show this to their family, they're gone that we're out here and we feel for him.

KAYE: New York City's mayor called it a tragedy, promising a full review. The police commissioner promised to get to the bottom of it.

WILLIAM BRATTON, NEW YORK CITY POLICE COMMISIONER: It says as defined in the department's patrol guide that this would appear to have been a chokehold.

KAYE: A grand jury was convened to decide whether or not the officer should be indicted. It began hearing testimony back in September.

ESAW GARNER, ERIC GARNER'S WIFE: I just want them to do the right thing and give me justice for my husband.

KAYE: The jury is expected to announce its decision by the end of this week. Meanwhile, the community is working to prevent another Ferguson.

Given the explosion of violence there, New York press isn't taking any chances. The NYPD reported they sent detectives to Missouri, to learn more about professional agitators. And about strategies to prevent the same thing from happening in New York, Staten Island's District Attorney Daniel Donovan isn't talking, but New York police are in touch with community leaders there to coordinate a response to the grand jury's decision. What they don't want is more of this.

UNIDENTIFIED FEMALE: No justice.

UNIDENTIFIED MALE: No peace.

KAYE: Or something worse. Randi Kaye, CNN New York.

(END VIDEOTAPE)

BANFIELD: And court record show that officer Pantaleo, has been sued in the past for unlawful racially motivated arrest, earlier this year the city settled lawsuit that was brought by two African-American men who were strip-searched on the street only to have a charges dropped the next day.

There is a brand new danger making its way into high school communities across our country. Synthetic drugs that are designed to mimic the effect of LSD marijuana and heroin complete with some pretty deadly consequences. We got special investigation next. (COMMERCIAL BREAK)

BANFIELD: Remember when the drug war targeted heroin or crack cocaine, now there's a brand new threat and it is aimed at our teenagers. Synthetics, they're chemically produced to designer drugs being sold online and marketed to your kids as harmless, and they are not harmless, they're anything but harmless. Our senior investigative correspondent, Drew Griffin, has a special documentary tonight it's called "DEADLY HIGH"

(BEGIN VIDEOTAPE)

DREW GRIFFIN, CNN CORRESPONDENT: In the week of June 10th, 2012, law enforcement in Grand Forks were dealing with an outbreak of violent overdoses. A mystery drug on the streets had already killed two teenagers.

TIM PURDON, NORTH DAKOTA ATTORNEY: We've got multiple over doses. We've got two young men that lost their lives. What's more serious that?

GRIFFIN: Tim Purdon is the U.S attorney for North Dakota.

PURDON: I was unprecedented. You know, I had -- I've been U.S. attorney now for -- going on four years. This is the only time we've reached out to a school system to the university and said, "Hey, there is this danger on the streets right now that people need to be aware about."

GRIFFIN: As the emergency warnings were being issued, investigators were desperately trying to find out just what this drug was, more importantly where it came from.

CHRIS MEYER, FIRST ASSISTANT U.S ATTORNEY, NORTH DAKOTA: It took lab analysis to determine the true nature of these substances. When we learned of what they where, 2CI NBOME, 2CC NBOME, that was new to us.

GRIFFIN: 2CI NBOME and 2CC NBOME are synthetic designer drugs, chemicals designed to imitate the high of the banned drug LSD. These drugs are so potent, a dose the size of a few grains of salt is enough to get high. North Dakota's top federal drug prosecutor had never heard of them and neither had Christian Bjerk's parents.

DEBRA BJERK, CHRISTIAN BJERK'S MOTHER: I had to go to the internet and look up the information on it. And I really didn't understand the whole synthetic drug. I didn't know what it was, I didn't know how dangerous they where.

KEITH BJERK, CHRISTIAN BJERK'S FATHER: The message we got after we went on the internet, was that somebody said it was OK for these drugs to be on the street and they have been truth, but that's all we knew.

UNIDENTIFIED MALE: Synthetic LSD has been blamed for at least...

GRIFFIN: Parents across the country are now learning the painful truth about synthetic designer drugs. UNIDENTIFIED FEMALE: Investigators say he overdosed on synthetic marijuana...

UNIDENTIFIED FEMALE: Otherwise known as K2.

UNIDENTIFIED MALE: With deaths and overdoses, reported almost daily.

(END VIDEOTAPE)

BANFIELD: And Drew Griffin joins me live now here on the set. I don't understand how this can be out there when any other drug is treated so seriously especially by the fed.

GRIFFIN: Right.

BANFIELD: Of all people, the fed. How was this stuff out there?

GRIFFIN: What really shocked me about this is when I'm talking about cartels or gangs or street sales, these are chemicals made in actual laboratories mostly in China by businesses who are selling these as research chemicals in drug entrepreneurs across the world, U.S, U.K. Anybody that has disposable income, are then redistributing this all over the internet through the mail systems.

It's very hard to contain. I don't understand why the government themselves don't (inaudible) down. We have a portion of our program tonight dealing with that. But, you know, to your point, these are chemicals manufactured by business people.

BANFIELD: And so, as I understand it, the business are getting ahead of the legal system and whatever catchup the law is trying to do, it's not just fast enough, it's (inaudible).

GRIFFIN: They changed the molecular content just enough to make it legal in their eyes for a split second. The law catches up says a new formula we have to ban. Now, the legal process is trying to get ahead of that blocking groups of chemical compounds but still it's very difficult and it's also very difficult to detect when you have barrels of stuff coming across as research chemicals not intended for human consumption.

BANFIELD: Not intended for human consumption, that's the best part of it. It's just so unbelievable. But I remember us starting to do some coverage on this, when you could buy these on (inaudible) in gas stations they look like pop rocks. I mean it just look that enticing to young people.

GRIFFIN: Pop rocks, I was out on a few bus with the DEA down Louisiana, where they came in, you know, little pouches that look like condom pouches and were being handed out over the counter, under the counter, kids knew where to get them.

BANFIELD: Kids, I mean any age. It wasn't like cigarette behind the counter where you had to even show ID even though it's no healthier for an 18-year-old than a 16 or 14-year-old. GRIFFIN: That's right. And because they come packaged nice and slick, you know, printed labels, kids think it's OK, thinks somehow it's approved.

BANFIELD: So, what about the notion of the mail order? Is this the same issue? I mean, if you're sending it over the state you think that you could get from (inaudible) commerce law that play there. But is it again depending on the state, depending on how updated the laws, the chemical content of the drug in bulk?

GRIFFIN: You don't think it a mail. I mean, you're getting a package delivered. When you see how this operation was set up by the drug dealer, who comes clean tonight on a very candid interview telling you how this person, father of two, suburban Houston home, set up a ((inaudible) drug entrepreneurial business basically never leaving his computer. That's how he did this.

BANFIELD: He (inaudible).

GRIFFIN: (inaudible) drug, pulled it off, took in the drugs from china, ordered them directly from the labs, redistributed them, sent them through the mails to almost every single state in this country.

BANFIELD: And he did this interview right before he was affectively sentenced about the maximum he could spend behind.

GRIFFIN: That's absolutely right. And he was doing it as the parents tonight that you will hear are doing it, as the prosecutors are doing it. As a warning -- I mean I don't want to scare kids...

BANFIELD: Sure.

GRIFFIN: Listen, knowledge is power.

BANFIELD: Go ahead and scare me. I have two kids and I don't know how to get ahead of those.

GRIFFIN: You know, you should sit down with your kids and let them watch it. They should know what the stuff is. They should know what these kids at parties are going to give them or tell them is OK.

BANFIELD: Yeah.

GRIFFIN: It's a program that's fit for any age group. You should sit down with your kids. You should watch it. You should know what's out there. Just don't tell your kids not to use drugs. Yes, you should do that but this would tell them why not to. And why two people who choose too are no longer with us.

BANFIELD: And their parents and those who are involved all coming clean. And thank God for that because, you know what, we're so busy.

GRIFFIN: Right.

BANFIELD: And it's so hard to keep up with videos and iPads and games and, you know... GRIFFIN: Exactly.

BANFIELD: ... inappropriate content just start to get to this now. It's just one more layer of difficulty in parenting (inaudible) would be great. And thank you for suggesting this. It's OK for all age groups. My kids are seven and nine but I worry all the time. It's just around the corner.

GRIFFIN: Yeah. I think it's OK.

BANFIELD: Well, great work. Excellent work. And (inaudible), good work too, because I know you really had to chase this for along time. And as usual, fantastic job. Thank you Drew.

Don't miss Drew's special report. It's "DEADLY HIGH", tonight 9 p.m. Eastern Time. And Drew said, good viewing for you, your children, and your family. Thanks again.

And thank you everyone for watching. We do appreciate it. Stay tune, my colleague Wolf starts right after this break.

(COMMERCIAL BREAK)