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Legal View with Ashleigh Banfield

Bloody Manifesto Scrawled On Wall Of A Boat Could Determine Dzhokhar Tsarnaev's Fate; Utah Considers Bringing Back Firing Squads For Executions; City Officials Drop Positions In Ferguson After Scathing Justice Department Report; Marvin Gaye's Family Awarded $7.4 Million After L.A. Jury Deems "Blurred Lines" Guilty of Copyright Infringement

Aired March 11, 2015 - 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 HOST: A bloody manifesto peppered with bullet holes scrolled on the wall of a boat. It's something that could determine whether Dzhokhar Tsarnaev get life in prison or the death penalty for the Boston Marathon Bombing.

CNNs Deb Feyerick has seen the evidence. Look at this, for the first time, you're seeing it's written in pen, frizzled with blood, with the bullet holes, remarkable images. These are the images that Tsarnaev wanted to leave behind if he died during that standoff with the police.

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DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT: After Tsarnaev's capture, a Boston police bomb technician sweeping the boat for weapons and explosives discovered the note. Punctured by bullet holes and streaked with his blood, Dzhokhar Tsarnaev believed his dead brother had reached paradise.

"I'm jealous of my brother," he wrote, explaining God's plan for him was to stay behind to shed some light on our actions. Tsarnaev references the Mujahedin, "You are fighting me who looks into the barrel of your gun and sees heaven. How can you compete with that?"

And in his words, a possible motive, "We Muslims are one body," he writes, "you hurt one, you hurt us all."

Tsarnaev's writings on the boat, arguably, one of the most critical pieces evidence in a trial with so much evidence, it is stored in a warehouse the size of two football fields. More than 30 witnesses have testified so far with potentially dozens more expected to take the stand.

Judge George O'Toole Jr., yesterday, dismissed court early to see the boat firsthand, bullets, blood, writings and gore, more complete look into the mind of an admitted terrorist now fighting for his life.

(END VIDEO CLIP) BANFIELD: Deb Feyerick joins me live now from Boston. I cannot believe that statistic that you just cited that the warehouse of the evidence alone is two football fields in size. But it almost pales -- any kind of physical evidence they're bringing into that court room, almost pales on what these jurors have to hear from the people who are testifying.

FEYERICK: Yeah, you know, and there's no question about that. The judge so far not decided whether he is going to take the jury to see the boat. The defense lawyers say it's really important for them to get a complete sense of what Tsarnaev was experiencing while he was there. They say it shows sort of a fragile teenager who was sort of struggling prosecutions says "No, all we need to do is rip out the panels, show you what they say, that's it."

The judge did roll, Ashleigh an autopsy photos, only the jury is going to see those autopsy photos in court. Nobody in the gallery, no spectators, no members of the media are going to see it when they're presented. The reason is they're trying to protect the families as well as the victims who are there, listening to a lot of this testimony and looking at all their evidence. And there is a lot of it, a lot of dramatic testimony and evidence today.

BANFIELD: Yeah, I think that boat is a fascinating piece because it's a massive piece of evidence and taking its entirety.

FEYERICK: Yeah.

BANFIELD: It says a lot. But tell me a little about -- I mean each day, there's some new tact that the prosecution take. They started with all the drama of those people who survive. And it was horrifying to hear their story. Are they moving to a different tact now, still in the evidence pre-phase (ph)?

FEYERICK: Well now -- you're absolutely right, Ashleigh. Now, they're beginning to introduce the evidence. And today an FBI test -- an FBI agent testified, she was wearing white protective gloves. She held up basically shredded pieces of the backpack which have been found along the marathon route.

She also held up an 8 inch piece of a melted pressure cooker. And then began going through a pain camp (ph) saying, you know, these are ball bearings, BBs, that are wrapped in paper. There's also nails and sharp object inside.

And the jury really seemed riveted on that because that's evidence of the bomb. They also showed images and photographs of the scene where those components were found and really historic, Ashleigh, is a piece of that backpack was found right in the middle of a pair of women's black cowboy boots.

So, you could see sort of what the FBI had to go through determining what was the evidence, but also what was simply left behind in the panic. We also heard a testimony about cell phone records between the two brothers. They spoke four times on the day of that bombing, once before, three times after. But we also now determined that Dzhokhar Tsarnaev was in Boston virtually the entire day, the day after the bombing. His brother Tamerlan, was also here in this vicinity. And then they went to the family home and also the college.

So, we're getting some sense of their movements and where they were from those cell phone record as well, Ashleigh.

BANFIELD: And it is so incredible that they can find those pieces of the pressure cooker and obviously the ball bearings, amid all of that debris. Deb Feyerick, doing a great job for us in that courtroom where there are no cameras. So, thank you for being our eyes and ears.

Since we're talking about the death penalty because that's what Tsarnaev is facing. There's a story out of Utah that might interest you. Some lawmakers there say they've got a solution to all those problems with lethal injection drugs. And believe or not, it's the firing squad. And they are one step closer to bringing it back. This is no joke. I'll tell you about it, next.

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BANFIELD: The state of Utah is this close to bringing back the firing squad as a way to execute inmates who are sitting on death row. You heard me right, the firing squad. You may remember that it was formally banned in Utah. But it was last used in this execution chamber back in 2010. That's when the condemned man, Ronnie Lee Gardner, actually made the choice to be shot to death over lethal injection, that was allowed at the time and that was his choice.

So, there's a bill right now on the governor's desk to bring back the firing squad if the drugs aren't available for lethal injection. Is the governor going to sight that bill? No straight answers yet from the governor's office.

Part of a statement though from Governor Gary Herbert reads, "When a jury makes that decision and the judge signs the warrant enforcing that lawful decision, we have an obligation to make sure the order can be carried out. Our statute is clear, that lethal injection is the method by which that will happen. We have no intent to change that."

But that's the main point, even if the law passes Utah will still plan to execute prisoners by lethal injection. But if those deadly executions drugs aren't available in time, state says it will stay on schedule.

The Utah State Representative name Paul Ray is the man who sponsored that bill. And he is also live with me now. Representative Ray, thanks so much for coming back on the program, it's nice to see you again. I think it was 10 months ago, you and I begun this conversation when the bill started up the pipeline.

PAUL RAY, (R) UTAH STATE REPRESENTATIVE: It was and thanks for having me back on.

BANFIELD: So my question to you is, you are close -- you are very, very close. The bill has indeed made it through both pipelines, both of your Houses. And now it's seating on the governor's desk. Do you have any indication that the governors going to say yes or no?

RAY: You know, the governor is a very straightforward man to work with and we have several bills pending that he's concern about. And the once that his going to veto, he has said that he will veto those bills. So he had not said that regarding this bill. So, I would be surprised if he vetoed the bill, I would expect that he would sign it.

BANFIELD: So, I still keep coming back to that original point that you and I hashed out so passionately last year, and that is this, the firing squad just seems so antiquated. It seems so cruel and unusual. It may not be according to the Supreme Court of the United States, but common wisdom -- do you not feel it's changed in this country?

RAY: You know, I think that the argument that we've had for the most part on this bill is been straight out death penalty or not. If you want to look at humane, I still stand by the fact that I believe the firing squad is a lot more humane than the lethal injection because death happens in three to five seconds versus several minutes, where it takes the body to actual shutdown.

BANFIELD: Well, we've had bugaboos in all of these different kinds of methods by which we execute people. And the last one you and I spoke up, I think, was 1897 where the firing squad used. And it took a half hour for the man to die. And someone back in 2010, a reporter who witnessed Ronnie Lee Gardner's execution said that he moved around. She did say it happened quickly, but that he was moving after it happened and to some degree that bothered her.

Again though, and I say this after watching several executions, beheadings on videos, since you and I have spoken, granted innocent people being murdered. It just seems wrong for us to play God especially in that way. Does that not seem to be at all coming to you from your constituents?

RAY: You know what, it doesn't. And I think it's an injustice to try to compare this to ISIS. We have people who have -- that have been convicted in a court of law for barbaric murders such as ISIS is doing. And we've chosen to execute those individuals. And we are doing it in the most humane way possible. So I'm not sure how you can compare this to ISIS.

BANFIELD: So let me be clear --

RAY: -- and I still -- if you see the polls --

BANFIELD: No, no, no I need you to know this for sure. I am not comparing this to ISIS ,they are brutal murderers. These are executions that are sanctioned by law. It's the method of the execution. It's the 8th Amendment against cruel and unusual punishment, and the firing squad I think by many people's estimation, is cruel?

RAY: Well, I think any way that you have to kill somebody can be cruel. But we do, we know for a fact it's been upheld by the Supreme Court. And right now, lethal injection is under fire by the Supreme Court. Oklahoma has that case pending, so I think, you know I think if you really want to look at what's cruel, you're going to look at lethal injection.

And I think, you know, again Utah, we're still going to use lethal injection, but this just gives us that backup option because right now, if we we're to go to an execution with lethal injection, I can guarantee we're going to court. And it's going to be tied up for years with a lot of tax payer dollars.

BANFIELD: Then I can hear the chorus of many saying, "Look these condemned men and women weren't to condemn for singing too loud in church." Nonetheless this is a good debate. It's a debate we need to continue having. Representative Ray, I hope you'll come back when we get the answer as to whether that becomes law in your state, and certainly when the choice ultimately has to be made.

Thanks you so much for being here today.

RAY: Thanks for having me.

BANFIELD: Coming up next, out of a job in Ferguson, Missouri, first municipal judge, now the city manager and we may not be done yet.

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BANFIELD: Ferguson, Missouri. I'm being kind when I say it's a city in transition right now especially since that Justice Department found evidence that police officers there treated its black residents more unfairly than all its other residents.

So far a judge has resigned in the wake of all of this. The city manager has resigned in the wake of all this. But who is next, if anyone?

Sara Sidner has been covering this since the very beginning and she's live here with me in New York.

There's all sorts of whisper, rumors there are all sorts of demands being made. But what's the real picture about the succession of those who will fall?

SARA SIDNER, CNN CORRESPONDENT: The expectation is the next person to go would be the chief. We now know from the mayor that the mayor says he is staying put, that somebody is got to run the city. He is also not mentioned in the DOJ report, but the city manager John Shaw.

But to a lot of people surprise, it happened so quickly in their minds at the city counsel meeting that suddenly a statement was being read. And that he was resigning. And the city counsel voted seven to zero to say we accept your resignation. And they parted amicably.

He did not admit any fault. But I think the citizens were saying, "OK he is the highest paid, top dog in the government," because the mayor by the way is part-time.

BANFIELD: Oh.

SIDNER: Yeah, he's part-time. He gets paid about $300 a month as his stipend. He has a regular job.

BANFIELD: Sure.

SIDNER: And helps to run the city and the buck does stop with him, but the truth is the city manager was the person who's really in the position of hiring and firing people and now he is gone.

The citizens have asked some of them. The protesters have said, "Look, we want to see this whole thing moved out. We want to dissolve the police department. We want the mayor gone. We want the city manager gone. We want the police chief gone." But there are citizens there who say otherwise and I've talked to both who say, "We don't want our police department gone. We don't want our -- we don't necessarily want our mayor gone."

And so, this is still going on there. When you say it's in transition, it is in transition. It is not all one sided story.

BANFIELD: Yeah, Antonio French is an Alderman from Saint Louis. He joins me live as well from the area. Alderman French, thank you so much for taking the time to come back on the program. You just hear Sara Sidner's reporting that the expectation is that the police chief will be next that some people agree, some people don't. What's your estimation at this point of just two gone, is that enough, is it too much, are there many more to go. Where does this stand in your opinion?

ALDERMAN ANTONIO FRENCH, 21ST WARD, ST. LOUIS: No. I think there are many more to go. But those two are key and frankly, you know, many of us have been calling for the resignation of the police chief seven months ago.

But after the findings of the DOJ report and some of those specific instances that are mentioned in that report, it became very clear that the city and the region can't really move forward. And so both the city manger and the police chief resigned.

But really, as far as establishing or creating a new culture in both Ferguson Municipal Court and the Ferguson Police Department, there's still much more work to be done. But we couldn't even step forward without those two individuals leaving first.

BANFIELD: And just quickly Sara, is about the work to be done, are people accusing anyone at this stage of foot-dragging? I mean there's been a lot of accusations from the get-go about foot drag. But now the DOJ report this out fairly recently, two people gone. Are they saying this is just taking too long?

SIDNER: They're still the same, but yes. But I want to point something out. And Mr. French may be able to speak with this as well. There was a law put in place in 2013. And one of the reasons potentially why the police chief is not gone yet is because the law is very specific. There are four different things, misconduct, insubordination, violation of written policy and a felony. And if a police chief has not been found to do any of those things, then they cannot fire him. BANFIELD: Wow.

SIDNER: So it has to be a mutual parting of the way so to speak unless those things were found.

BANFIELD: So perhaps there are discussions that we just don't know about at this point. And I wish I could go on. There's a lot more that we need to talk about but I'm just -- we're out of time.

Alderman French, thank you again for being a part of the show. We hope to see you again as these developments possibly continue. And Sara Sidner as always, thank you as well.

It was one of the biggest songs of the last few years. Actually, it was a ripped off of another big song from many years ago. In 1977. A court has weighed in. You're about to listen to both of them. Yeah, yeah. Oh, they are so similar, aren't they? That's what the judge think. We're going to talk about this in a moment.

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MAYSOON ZAYID, COMEDIAN: Mom, you're not going to hit a disabled child, are you?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Comedian Maysoon Zayid has cerebral palsy. It's an incurable neurological disorder that affects body movement leaving some patients confined to a wheelchair, but not Maysoon.

ZAYID: I learned how to walk because my dad taught my how by putting my feet on his feet and just walking. And my parents also sent me to dancing school. I could hold on to the dance bar and that's how I learned to hold up by body to stand up.

GUPTA: Maysoon's parents also used other nontraditional methods like piano lessons to help her increase her dexterity.

ZAYID: Those piano classes served me because I wouldn't be able to type and twit.

GUPTA: Maysoon still dances and even does yoga.

ZAYID: Before I started doing yoga, the resting position of my arms was this. It was nearly impossible to flex them and to relax them and doing yoga has allowed me to have so much more coordination.

GUPTA: Maysoon has never let cerebral palsy stand in her way. She has headlined popular clubs, co-founded the New York Arab-American Comedy Festival. And then at TED Talk in 2013, Maysoon even proves that comedy is a universal language.

ZAYID: I got 99 problems and palsy is just one.

GUPTA: Dr. Sanjay Gupta, CNN, reporting. (END VIDEO CLIP)

BANFIELD: A Los Angeles jury has found Robin Thicke and Pharrell Williams' Blurred Lines have copyright infringement when they ripped of Marvin Gaye's 1977 hit, Got to Give It Up.

Gaye's family was awarded $7.4 million. So for you now, have a listen to the two songs to see what you think if you were in the jury.

If you're having trouble with it, it's the compositional element. That's what it came down to, that and just some comparison in the courtroom.

Blurred Lines isn't the only mega hit under fire for plagiarism. There is a pending lawsuit in Pennsylvania against Led Zeppelin for copying the opening riff to the 1971 hit, Stairway to Heaven from the song Taurus by the band Spirit released in 1968. Take a listen.

Say it ain't so. I ended so many high school dances with that song and I'm going to end this show with it too.

Thanks for watching. WOLF starts now.