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Legal View with Ashleigh Banfield

The Spreading Impact Of Snowstorms On Boston Residents; Chilling Words From Defendant In "American Sniper" Murder Trial; Issues Of Insanity Raised In "American Sniper" Trial; FAA Getting Ready To Green Light Commercial Use Of Drones Over U.S.; SNL Celebrates 40 Years On The Air

Aired February 16, 2015 - 12:30   ET

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

EMILY ROONEY, WGBH (via telephone): No, no, they can't -- well, even, you know, the trial of Dzhokhar Tsarnaev, the Boston bombing suspect, six days they've had to cancel that trial. And they've had at least six or seven days of snow cancellations for, you know, all the public schools. A couple of days, state government was shut down. A couple of days, city hall was shut down. So it's affected - even like the mall, with big department stores like Neiman's, has closed because they can't - there's just no access to get into these places.

POPPY HARLOW, CNN ANCHOR: I just -- I think a parent, right that, you know, when schools canceled, you know, you have to stay home from work if you don't have child care for your kids. So this is having a real, real impact on people's lives.

ROONEY: Well, frankly, they've had to stay at home too because a lot of businesses have shut even the nail salons downtown. It's -- they've never closed. Some of them have been shut. So, you know, people at home with their kids. It's been a lot of jokes about that but a lot of people haven't been forced to go work either.

HARLOW: I know I'm wondering what the best no-joke as you may have heard yet, Emily.

ROONEY: I don't know. It hasn't been all that funny. I mean the biggest problem in downtown Boston anyway is the parking. And I think, you know, we --

HARLOW: Yeah.

ROONEY: -- got a new mayor and he's really a likable guy, but this one got away from him. I mean they're allowing parking, regular residential parking on both sides of the street. I took some pictures. I don't know if they have them. And, you know, people or cars are parked in their own private igloos and it just leaves them there for weeks at a time.

Right now there's a scene going on outside right outside my window. There's an oil truck parked in the middle of the street. There's --

HARLOW: Really? ROONEY: -- but they're loading up somebody with oil. Normally, you could pass him on either side. There's no way to pass. So people are just -- and that's because the cars are in these snow bunks and let's say a space shaver that, you know, people are putting the space shavers into their parking places. It was banned in certain areas like in the south end of Boston but people have been doing it anyway.

There's a chair people would leave you threatening notes on the space savers and telling, you know, people it'll flash their tires if they don't move them. And actually in the south end a couple of people did have their tires flashed because they took somebody's space that they had shoveled out, and then left all these kind of --

HARLOW: Emily.

ROONEY: Yes?

HARLOW: Emily we're showing some of the photos to our viewers --

ROONEY: Yes.

HARLOW: -- while you're on the phone that you sent us, including this lovely chair put in a middle of a parking spot with a note on it.

ROONEY: Yes, the note is "You are an idiot." And this person is blaming them for, you know, taking their parking space when actually somebody had thrown that chair away and move it out at the parking place because you're not allowed to have parking space saved or even though that people do.

There was that one picture of the really creative one with the vacuum cleaner with a little --

HARLOW: Yes.

ROONEY: -- you know, electric broom and they actually have the cord running right through the spot so that it would save the whole thing and put a little --

HARLOW: Oh my gosh.

ROONEY: -- desk out there too.

HARLOW: All right. That's my favorite. Thank you for the pictures. Thank you for -- from all us for dealing with this Emily. I hope that it is going to be over for all of you in Boston soon.

ROONEY: All right, Poppy. Thanks a lot.

HARLOW: Of course. All right, chilling words from the defendant in the American Sniper murder trial. Are prosecutors possibly helping the defense by focusing on what he said? We'll discuss next.

(COMMERCIAL BREAK)

HARLOW: All right. Will the killer's words bolster his insanity defense? That is the issue right now at play in the so called American Sniper murder trial underway in Texas.

Eddie Routh is accused of killing former Navy Seal Chris Kyle and his friend and fellow veteran at a gun range back in 2013.

A deputy has testified that he heard Routh say, "I shot them because they wouldn't talk to me. I was just riding in the back seat of the truck and nobody would talk to me. They were just talking to me to taking me to the range, so I shot them. I feel bad about it, but they wouldn't talk to me. I'm sure they've forgiven me."

The trial resume this morning. Ed Lavandera is outside the courthouse also with me here is our legal panel in New York.

Let me begin with you Ed. You are just about 100 miles South West of Dallas, that is where the trial is taking place, and fascinating testimony there last week. I'm wondering what the most significant thing to come forward in this morning in court.

ED LAVANDERA, CNN CORRESPONDENT: Good morning, Poppy. Well, the prosecution here this week is continuing with its case as they continue to put on witnesses. And what we've seen throughout the morning here today is law enforcement officials testifying about all of the different evidence that was taken in the possession in the hours after the murders of Chris Kyle and Chad Littlefield.

One of the things that they have been spending a great deal of time talking about this morning is the digital forensic worked that was done on the cellphones of Chris Kyle and Chad Littlefield, as well. In fact, they played several voice mails that Eddie Ray Routh had left for Chris Kyle.

Remember, it was Eddie Ray Routh's mother who had reached out to Chris Kyle in desperation asking Chris Kyle to help them with their son, who, she believed was suffering from severe PTSD and mental health issues and it was because of that reaching out that Chris Kyle agreed to meet with Eddie Ray Routh. So, they spent several days exchanging voice mails and messages leading up to February 2nd, 2013.

One of the voice mails that was played about 20 seconds long and you hear Eddie Ray Routh tell Chris Kyle, "Hey, man, just giving you a shout out this sad day, kind of a sad day, because when it rain, rain will come and rain will leave, that's what rain does." You know, kind of a random voice mail, and then he just hangs up.

And so, a lot of those kinds of details had been shared here with the jury. They'll be answering to see exactly what they make of it and where prosecutors take these kinds of details as they continue to present their case here today, Poppy.

HARLOW: Yeah, absolute. Ed Lavandero, thank you very much. Joining me now to discuss, Legal Analyst Danny Cevallos and also Criminal Defense Attorney, Midwin Charles. Thank you guys for being here. It's been fascinating to watch, just the first few days of this trial.

What I thought was interesting also earlier today, you had the Erath County Sergeant Kenny Philips testifying and saying that Routh was acting irritated when he was being transported to jail, and also saying that he seemed like he was under the influence of something when he was booked and that was he, "in a detox situation" for a while.

Danny, it's you first, what do you make of that, because on Friday we heard testimony about prior drug use.

DANNY CEVALLOS, CNN LEGAL ANALYST: This may surprise people, but evidence of drug use is actually good for the prosecution. Here's why, in Texas, this jury and the prosecution will want this jury instruction which is this, in Texas, voluntary intoxication and temporary insanity by means of voluntary intoxication, neither of those are a defense to a crime.

So if you're a jury, you're going to retire to that jury room and say, "Wow, there was almost evidence of drug use, but we've been told by the judge that neither voluntary intoxication nor temporary insanity as a result is a defense to any of this."

HARLOW: Right.

CEVALLOS: So, all of that drug evidence is not good for the defense, it's good for the prosecution.

MIDWIN CHARLES, CRIMINAL DEFENSE ATTORNEY: And if you think about it, this is a good thing because what the law wants to do is separate out those who truly are mentally incapacitated and those who commit crimes during a time when they've really don't know the difference between --

HARLOW: Who make themselves, perhaps, that way.

CHARLES: Right. Well, they -- exactly, because can you just imagine what the situation would be if someone voluntarily intoxicates themselves, who voluntarily takes drugs, commits a crime and then can say, "You know what, I was insane at that time."

And so, what I think Texas is doing by sort of ensuring that this will be a viable defense for criminal changes, is making sure that those with real mental illness do sort of fall into this kind of attack.

HARLOW: Well, you're a criminal defense attorney, so you're sitting in the court room, you're watching the prosecution, you're watching this. How do you -- What is defense, in a case like that?

CHARLES: Well, I think the defense doing the best that they can with the set of facts and circumstances that they have, they should go ahead and try to say that, you know, that he did this by reason of insanity because it's the evidence that they have. You have someone who has a serve in the military, he's been diagnosed with post traumatic stress disorder in 2011, clearly two years before this happened.

So, there's a lot a evidence there to support such a claim but I just don't how strong that evidence is.

So, as a defense attorney, they are doing the best that they can with what they have.

HARLOW: Danny, what about the issue of settled insanity, and just to sort of temporary settled.

CEVALLOS: So, two concepts of insanity have developed over the years, right? There's volunteer, sort of the idea that settled insanity involves drug use. There's the idea that you could be voluntarily intoxicated which we already know will not be a defense, and there's the idea of settled insanity which is even if an addict is in currently under the influence of a drug like meth or something else that because they used it so long, they're brain is essentially fried.

But for our purposes with this case, we don't need to worry about that too much because Texas is equally clear neither settled insanity nor voluntary intoxication will be a defense to a crime.

So the idea that maybe Routh's brain was fried over the years of using drugs is going to be functionally useless as a defense.

HARLOW: Thus far we have seen a number of odd things present it, right? We've seen it incredible video showing the police chase. We've seen a, you know, heard testimony about what Routh said when he got out of the truck ultimately that seem very, very, confusing and some would say plays to the insanity defense. I'm wondering to you, Mid what you think stands out most thus far in the case that the prosecution has brought?

CHARLES: Well, I think, what stands out thus far in the case is the fact that he fled, because remember at the heart of an insanity defense is that you don't know the difference between why the wrong at the time that crime is committed not before, not after but at the time the crime is committed.

So, one of the ways that a prosecutor will look to see well, how is that we can tell whether someone or not is in fact mentally unable or did this by reason of insanity is they look at the actions of the person after the crime, the fact that is laid to me raises a red flag as to whether or not this defense is going to be successful.

HARLOW: Danny, one of the things that we heard in the testimony on Friday was that the uncle, James Watson testified that when Routh's returned with Chris Kyle's truck, which after he kills Chris Kyle and his friend, he took his truck drove it back, his uncle sees him and he says, "I'm driving a dead man's truck." What do you make of that? Does that sounds like clear knowledge of what was perpetrated?

CEVALLOS: Sure it shaves away different elements of an insanity defense, so he's never going to be able to argue and this is really not a defense in Texas anyway that he thought he was shooting at a tin can and not a human being. His statements, if you're the prosecution, this would be -- these are the statement that you focus on, he knows he shot people, he give a reason, they we're ignoring me, whatever the case, it shows that he had a reason and a motive however silly it was, and that he's aware that what he did was wrong.

And again as Midwin said, exhibit A of knowing that what you did was wrong, is running away from the people whose job is it to arrest when you do something wrong.

CHARLES: Right.

HARLOW: Guys, thank you very much. Midwin, Danny good to have you on this, always we'll be tracking this of course o this show everyday as the trial continues. Be sure to watch Wednesday night, 9 p.m. Eastern right here on CNN as we take an in-depth look at this trial. Back in a moment,

(COMMERCIAL BREAK)

HARLOW: The skies are about to get a lot friendlier for drones. The FAA says it is getting ready to green light commercial use of the unmanned flying machines over the United States. You might think, "Well, aren't they already legal?" Not exactly, not for commercial use. But under a propose rule, the FAA would allow businesses to fly drones without limitations, however -- with limitations, I should say. And a lot of them, take a look, they have to be less than 55 pounds, they have to stay in the line of sight of the operator. Meaning, if you set it off on flight, you'll have to be able see it the entire time. They can only be used during daylight. They can't fly faster than 100 miles per hour, and they can't fly higher than 500 feet.

Some are happy that the feds are finally willing to let businesses use these drones. But under the plan, it rules out a lot of things like getting, I don't know, pretty much anything like pizza, beer, et cetera, delivered. This is one of my favorite commercial you may have seen it on YouTube about a company delivering beer via drone. Yeah, that's not going to be legal if these rules get approved.

All right. Here with me to discuss all of these commercials, Photographer Steven Cohen also a drone consultant with the New York City Drone User Group.

So, we've heard first off companies, like Amazon, really unhappy about this because as we know, part of their plan is to deliver small items via drone. Do you think this is a good call by the FAA to say, "All right, we're going to put some limits on this, and then we're going to make it legal."

STEVEN COHEN, DRONE CONSULTANT: Absolutely. I think what the FAA has done in issuing the MPRM yesterday is to take several giant leaps in allowing the use of small UIS --

HARLOW: Of these things

COHEN: -- of these guys, right, and larger. I mean, 55 pounds is actually quite heavy. Most people in the commercial directed mode are looking at drones that maybe weigh less than 20 pounds tops.

HARLOW: One of the things that -- Well, the readings or sort of the proposed rules, you have to have your eye on it the entire time. So that really completely takes off the board delivery by drones.

COHEN: It does for the moment. I think, you know, I sat in and I listened in on the conference call yesterday. And I think what really struck me is just how iterative FAA is saying that they will be -- and how, you know, we're not going to be stuck with this for 10 years. We're going to be constantly revisiting.

Just a mere mention that as an example there was talk of needing a aircraft certification or aircraft, you know, parts lists and test lights..

HARLOW: Right.

COHEN: -- and all those kinds of stuff and they have've act away from that understanding that you know in the time that it takes for an aircraft to become certified the technology could change three times.

HARLOW: I wonder if you think that because Amazon has come out said they're going to -- they want to see final rules and they're going to push forward with what's called prime air sort of this delivery.

COHEN: That's right.

HARLOW: Right? And the thinking is all right we'll its not allowed here in the United Stated. They're going to do with another countries and I just wonder if you think regulation like this stymies innovation and stymies expediencies.

COHEN: I think it's really -- it's a double edged sword in a since. And then I think you want to encourage the, you know, the industry but at the same time the FFA is really tasked with keeping the aerospace safe.

HARLOW: Right.

COHEN: And I think that this does go along way I mean we do have a 60-day period to respond as anybody can. And the idea for us at this point would be to try and push more of beyond line of sight or what people are calling BLOS.

HARLOW: OK.

COHEN: So, BLOS implies you know over the horizon and, you know, perhaps using autonomous systems like, you know, GPS and waypoint knob, and I would argue that the autonomous systems that require beyond line of sight of flight and GPS waypoint navigation are multitude. You know multiple safer than actual human input.

HARLOW: And I'd be remised not to note that in November a drone came within 20 feet of striking a plane near Oklahoma City.

COHEN: Reported.

HARLOW: OK, reported. OK, maybe you don't buy it, reportedly we had one land on the White House lawn and I mean, so there are -- there is a need here for regulation. Like I said it's really clear, right?

COHEN: There is no denying that regulation is desired I mean from within our community, this is what we've really been looking for we want to rules of the road. We want to be able to adhere to rules of the road if it requires a certain test or certification we really are all for it but at least please let us know what we need to do. And that's for what we've come to write about now.

You know the -- there's no amount of just talking about the White House there's just no amount of legislation or law making or educational programs that will prevent stupid. So that and that --

HARLOW: That's my quote of the day, I love that one we have to go, we're out of time. Thank you for coming in. Thank you for bringing this --

COHEN: Pleasure.

HARLOW: -- snobby drone in with you as well. Good to have you on this, Steve Cohen with us there.

All right it was the best 40th birthday party seriously ever did you see it last night? Four decades of laugh packed into less than four hours. Our favorite four minutes of last night's SNL extravaganza. Next.

(COMMERCIAL BREAK)

HARLOW: All right. Did you see it last night? Did you missed it? I hope you didn't miss it, because it was pretty spectacular. Saturday Night Live, has kept people laughing, faster bed time for 40 years and to celebrate the milesstone they went big. How big? We're talking over a hundred A-list guests in a nearly four-hour show and in true SNL spirit they looked no further than right down the hall to another NBC studio to find some of their sharpest material essence (ph).

(BEGIN VIDEO CLIP)

UNKNOWN MALE: Well, I just found out that one of the original cast members in 1975 was Brian Williams, I didn't -- I don't know if that's true, but I never heard that. It doesn't sound true, it might not be.

(END VIDEO CLIP)

HARLOW: Yeah. That wasn't the only one of the night, there were a lot more, and here's a look, it some of the best moments from last night's special.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Ladies and gentlemen, welcome to the Saturday Night Live, you know, 40th anniversary special.

UNIDENTIFIED MALE: I'll take whore abs for 200.

UNIDENTIFIED MALE: It is who reads. Let's hear what this celebrity has to say about his favorite cocktail?

UNIDENTIFIED MALE: OK, now this potent potable is one part framma jamma.

UNIDENTIFIED MALE: Oh, dear God, no.

UNIDENTIFIED MALE: Whenever I have an important decision to make, I did the same thing

UNIDENTIFIED MALE: Up down, up down.

UNIDENTIFIED MALE: A lot of people have been asking me, you know, (inaudible) or why is it that you, you know, interrupt and, you know, get to the end of it as soon --

UNIDENTIFIED MALE: : Impose nuclear abs.

UNIDENTIFIED MALE: And it's been a long time brother.

UNIDENTIFIED MALE: Saturday Night Live, turns 40 years old this week, with a live three and half hour broadcast. That won an Emmy in the first 10 minutes and it lost it somewhere in the middle

UNIDENTIFIED MALE: Also joining us one of the shows original producers, Cocaine

UNIDENTIFIED MALE: No, no, look, look, you're doing it wrong. You don't cover your face. You make a T.P.for your secrets.

UNIDENTIFIED MALE: And I am definitely dancing with you.

UNIDENTIFIED MALE: Reunion

UNKNOWN FEMALE: Here for the first time is (inaudible) to sing the love team for (Josh).

UNIDENTIFIED MALE: John, get away from me, Josh.

UNIDENTIFIED MALE: Tonight's top 10 list is the top 10 things about SNL.

UNKNOWN MALE: And I just want to remind everybody that this show is actually live, so, you have to stay in the down and locked position, all right? And that means you too Kanye West. All right good.

(END VIDEO CLIP)

HARLOW: It was a fantastic show, what was your moment, tweet me it up at poppyharlowcnn. I would say that it's a big win for NBC, a great show, congrats 40 years for SNL.

Thanks for being with us this afternoon, stay with us. WOLF starts right now.