Return to Transcripts main page

Legal View with Ashleigh Banfield

Latest on Possible Jordanian Prisoner Exchange with ISIS; Aaron Hernandez Trial; Woman Jailed for Shooting a Warning Shot Near Her Abusive Husband is Released

Aired January 29, 2015 - 12:30   ET

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

JOMANA KARADSHEH, CNN CORRESPONDENT: The other issue here, Ashleigh, is what the Jordanians are offering to do. They say they will release Sajida al-Rishawi in exchange for their captive pilot, Moaz al- Kasasbeh. But this is not what ISIS is asking for.

The demand from ISIS is releasing Kenji Goto in exchange for Sajida al-Rishawi. As far as we know, the public demand that have been made -- there has been no public demand for the release of the Jordanian pilot. The only thing ISIS has threatened to do is to kill him unless a swap happens with the Japanese hostage and the prisoners that they are demanding.

So far, Ashleigh, it's a very tense situation here. Many people on the edge, the family of the captive Jordanian pilot, the government, of course, and also many here in Jordan who view this pilot as a national hero.

ASHLEIGH BANFIELD, CNN HOST: Christiane, if I can just ask you to weigh in on this. If this pilot does not survive, and if in fact a horrifying video is release like so many others we've seen of this pilot being executed, would the Jordanians then immediately move to execute the suicide bomber?

CHRISTIANE AMANPOUR, CNN, CHIEF INTERNATIONAL CORRESPONDENT: Well, that is not what they've said at all. This suicide bomber has been on death row since 2005 and it's partly because -- well it is because she was part of a four-person cell that staged their 9/11. The 9th of November 2005, suicide bombers went to three Jordanian hotels and blew places up. Some of them wedding banquets, wedding ceremonies, some 60 civilians were killed.

This woman apparently pulled the trigger, according to Jordanian officials, but her belt didn't detonate. She, they say, intended to kill people, but perhaps in a way to justify why they're willing to swap her for that pilot. They say she didn't kill anybody. They're not -- they say that in any equation between her and the pilot, a terrorist woman and the -- what they called heroic pilot, but they say this would be a prisoner's swap that they're willing to do.

They have not said anything about executing her. But presumably, she would stay where she is on death row unless this deal goes through.

BANFIELD: I'm also curious and I'm not sure that anyone knows the answer to this. So Christiane, I'll try you on this. In the United States of America, if you were condemned to death, it can take up for 20 years for all of the appellate process to play out before there's an actual execution, if there is an actual execution, many are committed.

Do you have an idea about the system in Jordan, if it's swift? Are they holding off on the execution of this particular woman because of the political sensitivities among terrorist groups when it comes to her? What do you know about their process and that very valuable prisoner?

AMANPOUR: Well, I think we can be safe to say that the Jordanian government and the Jordanian judicial system does not have the provisions that a democratic country in the west would have when it comes to prisoner rights and also to appeals and all the rest.

So, I think we're safe in saying that that system is by no means similar to the system in the United States. This woman has been kept on death row, for whatever reason she has not been executed and it could take a long time, or it may not happen at all. Maybe, she's going to be imprisoned for life, if in fact she doesn't get swapped.

But I think that, you know, what's really interesting and obviously in Jordan nobody is asking whether she's going to be executed or not. What really interesting is that the reason the Jordanians feel that they have to do this is because there is huge amount of pressure on their government from the father who appealed directly to King Abdullah and to all ministers and officials, from demonstration in the street, and Jordan taking part in the war against ISIS with the United States and allies is not popular with the whole of the country. There are parts of the country which simply don't like this.

So, it is a very bad place for Jordan to be in right now, a staunched (ph) western ally, a staunched (ph) opponent of ISIS but, you know, has to play the game very, very carefully. As one Jordanian deputy -- former deputy, prime minister told me last night, you know, they are -- by offering to exchange this woman, doing the least bad option for them politically at this time.

BANFIELD: I think I've heard political officials here in the United States saying the exact same thing which regards to the swap to retrieve Bowe Bergdahl, it's almost identical. Although, many will say on Capitol Hill, it's not. Jomana Karadsheh and Christiane Amanpour, thank you for that. We'll continue to update the story as the updates are warranted.

Such a horrific scene right now. I want you to take to Mexico City where an explosion and a fire and a lot of casualties are somewhere beneath that rubble and smoke on your screen. This all happened at a hospital for babies and new mothers. We got full details coming up.

(COMMERCIAL BREAK)

BANFIELD: In the Aaron Hernandez trial which we are following live right now, that is the image inside the courtroom as the prosecutor in this case, Patrick Bomberg lays out his opening statement against Aaron Hernandez. 25-years old and facing murder, the murder of Odin Lloyd and he just did something that prompted some action in that courtroom. He started to layout for the jury, the details of the murder of Odin Lloyd, where Odin Lloyd's body was found in that industrial park.

You can see the family in these pictures, on the left hand side of the courtroom as you look from the judge's perspective, in tears as he details this very, very tragic scene. Just imagine what this would be like for you to have to listen through the murderous scene of where your baby was found dead. And that is what happened, Odin Lloyd's mother was quietly led out of the courtroom in tears. Past the family on the right hand side of the courtroom, they are the family of a man, right there at defense table, Aaron Hernandez.

Clearly this is the toughest part of the case, where they layout all of the details in summation and all together a prosecutions case sound very damning. Defense will take up its case in just a few moments and we're going to continue to follow this live for you.

We're also watching some breaking news, a terrible scene on the outskirts of Mexico City. At least seven people are dead and four of them are children at a natural gas explosion that happens, and get this of all places, at a maternity hospital.

CNN's Rafael Romo joins me live now with the details.

Rafael, what happened here?

RAFAEL ROMO, CNN SENIOR LATIN AMERICAN AFFAIRS EDITOR: Ashleigh, it was an explosion at 7 in the morning when the hospital was being opened for all of the appointments of the patients.

At the moment, we have some people dead, four babies and three adults. That's what CNN has been able to confirm. We're also talking about nine babies who were transported to other hospitals in the area and about 37 people who are injured.

It happened -- like I said before, at 7 in the morning. A tanker was delivering gas to the hospital and authority say the explosion actually happened inside the hospital because the hose connecting the tanker to the hospital burst and that's what caused the explosion.

We understand that the driver and his assistance have been detained and officials are calling it a scene of devastation. Again, a maternity hospital and official say that about a third of the structure, about a third of the building collapsed right after the explosion, Ashleigh.

BANFIELD: Do they - at this point, do they even have any numbers, Rafael, about how many people were in the hospital at the time and how many babies were in the hospital. I only asked that because with the third of the hospital collapsed, they got to know what they're looking for.

ROMO: There are no specific numbers, Ashleigh, but what I can tell you is that at this hour, they're actively looking in the middle of the debris for survivors or victims of this explosion, all of the authorities there at the scene, Ashleigh.

BANFIELD: It's just awful. Rafael Romo watching the story live for us in Mexico City. Those pictures are just horrifying when you think about what they may end up finding in that collapsed rubble (ph).

We'll continue to update and give you the latest.

If you've ever heard this name, Marissa Alexander, it probably gives you a shutter. This is Marissa, a Florida woman who says she was only standing her ground when she shot a warning shot at her husband who was about to hurt her.

And for that warning shot which did not hit him, she was sentenced to 20 years. Now, she's a free woman in a way but not before an incredible journey through justice or what some may say total injustice and she has spoken to CNN.

You'll hear her words next

(COMMERCIAL BREAK)

BANFIELD: Marissa Alexander has most likely seen the last of a Florida prison where she spent years for firing a bullet into a wall -- not into a person, a wall. She says she was trying to stop her abusive husband from abusing her again. But the state said the controversial stand your ground law did not apply to her. And yet, and follow me here, Alexander has pleaded guilty to aggravated assault even though she doesn't believe for a moment that she's guilty of aggravated assault and this week a judge finally let her go home.

I know it is confusing but CNN's Anderson Cooper sorts it all out.

(BEGIN VIDEO CLIP)

ANDERSON COOPER, CNN HOST: This was Marissa Alexander back in 2012, she just been found guilty of aggravated assault with a deadly weapon, and would soon be sentenced to 20 years behind bars.

MARISSA ALEXANDER, IMPRISONED FOR FIRING WARNING SHOT: This is my life I'm fighting for. This is my life and my life it is not entertainment. It is my life.

COOPER: Her legal trouble begins in 2010. She says her abusive husband, Rico Gray was in a jealous rage over text message on her cell phone. Gray had been arrested in the past for assaulting her. She'd locked herself in the bathroom.

ALEXANDER: He manage to get the door open and that's when he strangled me. He put his hands around my neck.

COOPER: Alexander got away and run into the garage but she says the garage door was stuck, she grabbed a gun she says she kept there. She explained what happened next to Gary Tuchman.

GARY TUCHMAN, CNN CORRESPONDENT: Were you thinking about to shot him? ALEXANDER: Yeah, I did, if it came to that. He saw my weapon at my hand side and when he saw it he was even more upset and that's when he threatened to kill me.

COPPER: That's when she fired which she called a warning shot into the wall.

ALEXANDER: I believe when he threatened to kill me, that's what he was going to do and if I had not discharged my weapon at that point, I would not be here.

COOPER: Rico Gray fled the house with his two young children who were there at that time. Alexander was arrested but maintained she'd been standing her ground. During a court deposition Gray said this about the shooting incident, quote, "If my kids weren't there, I knew I probably would have tried to take the gun from her. I probably would have put my hand on her."

When ask what he meant by putting his hand on her, he responded, "Probably hit her. I got five baby mamas and I put my hands on every last one of them, except for one." But later at a court hearing on her stand your ground defense, Gray changed his story, saying he lied repeatedly to protect his wife, claiming he did not threatened to kill her and testified, quote, "I begged and pleaded for my life when she had the gun."

Alexander was offered a plead deal, three years in prison but she refused. She went on trial and was convicted and sentenced to 20 years for three charges of aggravated assault with a deadly weapon.

ALEXANDER: You do everything they get on the right side of law and it is the law and it doesn't apply to you, then where do you go from there.

COOPER: A new legal team picked up Alexander's case after her conviction, and in 2013 fought and won her a new trial, but the victory was short-lived. Florida state attorney, Angela Corey said this time around, if Alexander was found guilty, they'd be seeking a sentence of 60 years instead of the 20 she was then serving. Corey's office then offered her another plead deal if she didn't go to trial. Three year behind bars and two years under house arrest.

UNIDENTIFIED MALE: ...and then with that, that concludes the hearing. All right.

COOPER: With time already served, Marissa Alexander was able to walk away but now begins her house arrest.

Anderson Cooper, CNN.

(END VIDEO CLIP)

BANFIELD: Well from one case to another case, we're going to be live in a moment right back into that Fall River Massachusetts court room where now we have the other side of the story that's about to play out. The defense attorney for Aaron Hernadez about to try to dissuade the jury from everything they just heard from the prosecution, all those accusations. Here's my guess, he's going to say something along the lines that none of that is true. Back after this.

(COMMERCIAL BREAK)

BANFIELD: Trial of Aaron Hernandez continues in that court room in Fall River, Massachusetts, and the prosecution wrapped up after about 45 minutes of opening statements and that means time for the defense to try to undo what the prosecution just did.

So, without further ado, have a listen to the uphill battle.

(BEGIN VIDEO CLIP)

MICHAEL FEE, DEFENSE LAWYER: Aaron Hernandez is an innocent man. The evidence will show that the Aaron Hernandez did not murder his friend Odin Lloyd, nor did he asked or orchestrate anyone else to murder him. Aaron Hernandez is not guilty. We are here because the police and the prosecutors targeted Aaron from the very beginning as soon as they found out that Aaron Hernandez, the celebrity football player, the New England Patriot was a friend of Odin Lloyd's. Aaron never had a chance. It was over.

They set out on an investigation, ladies and gentleman, collected evidence in order to support the story they just told you, even when the evidence they collected should have led them in another direction. They locked on Aaron and they targeted him, even when they developed evidence that two other men...

(END VIDEO CLIP)

BANFIELD: I (inaudible) to do what I said before and that's undo the damage, Paul Callan, that is not necessarily a strategy you have not seen before in a court room.

PAUL CALLAN, CNN LEGAL ANALYST: No, it's a classic defense strategy. And bear in mind, he won't be particularly specific because his job is to poke holes in the prosecution case, build reasonable doubt as opposed to offering an alternative theories to how Lloyd was killed.

BANFIELD: Do you think it's an uphill battle for him though?

DANNY CEVALLOS, CNN LEGAL ANALYST: Yes. There's a lot of circumstantial evidence. I love the use some of his -- some of the classic moves which is I love the theory when you explain to the jury. Look, once the police had this guy in mind, they got tunnel vision, and meanwhile, bad guys went free because when they focus on one person, they ignore the evidence of another.

BANFIELD: But when...

CELLAVOS: Very classic use there.

BANFIELD: ... when you don't have a case though, you hammer on everything else, isn't that usually the case in defense? JOEY JACKSON, HLN LEGAL ANALYST: Oh it absolutely is. But at the end of the day, no murder weapon, a motive that is - you know, what motive at all do they have to think about, no eyewitnesses, therefore, no corroboration and then maybe they win the day.

UNIDENTIFIED MALE: Or learn about the footprints in the snow?

(CROSSTALK)

JACKSON: Is it compelling enough is the issue.

BANFIELD: So what I want to say one thing real quickly, there's a suppression of a photo of Aaron Hernandez in 2009 but it is not, as I said earlier, I made a mistake, it is not the video of him holding a gun just moment after the actual murder in his own foyer, that actually -- the prosecutor say, "It's a gun. Sure, looks like a gun." But that will go in the trial. So that will be a very damning moment, will also be a very dramatic moment in this case.

But we're going to continue on CNN to watch this trial live. Thanks for watching Legal View. Wolf is going to pick up the baton right after this quick break.

(COMMERCIAL BREAK)