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Legal View with Ashleigh Banfield

French Prosecutor Updates Germanwings Crash Investigation; Two Brooklyn Women Arrested in Terror Plot. Aired 12:30-1p ET

Aired April 02, 2015 - 12:30   ET

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

[12:30:08] BRICE ROBIN, MARSEILLE FRANCE PROSECUTOR (THROUGH TRANSLATOR): This work has accelerated. We were given the deadline last week. We were given -- it's been accelerated because we were able to benefit from the discovery of a trail carried out within 48 hours by local teams, trails from the (inaudible) at 1,500 meters which took us to the foot of the mountain where the air crash took place. And thanks to this trail, Laurice (ph) four by fours, we're able to complete in large number with bags, with under the (inaudible) always the concern for traceability for proof from the scene of the crime right to the headquarters of the (inaudible) and as of this evening, for some of them, they will be taken with constant shuttles service.

That is the explanation resulting from the acceleration of the sampling and the considerable volume of the fragments. And biologically speaking, but also personal effects, it's was a matter which is on the agenda yesterday. And which of course is concerned us a lot and carried out by the investigators on site, and (inaudible) which will be kept and given to the families when the authorization of the prosecutor would have been given.

We have to -- we're not just talking about 50 mobile phones as the general said, the 40 mobile telephones and we must say that these telephones are in an extremely damaged condition. And which will make any inquiry very difficult. Oh this is being carried out at the criminal research department of the (inaudible) but I'm not on site.

In an investigation of this nature, there is a priority and the priority was the identification of the victims and consequently the sampling of fragments and biological elements. And that was the priority together with the research -- search of the two black boxes we were able initially to apply all our efforts and all the means necessary to do so.

And such, the personal effects have not been cast aside without a prior work. That is a little bit the additional information which I wanted to give to you. I'm taking into account that the investigation does not just stop there. We will continue of course our attendance, our presence on the site today with four teams, dogs, specialized in searching bodies were present at the site which dominates the disaster. And will help us to provide relevant information to search -- in our search for the bodies.

We will also provide support when the sites would have been emptied of the maximum amounts of personal effects and fragments. We will provide support to the companies who are in charge of removing the heavy bits and pieces which a company will be looking into. We will continue this work and I must say to you that the basics in terms of the sampling, the most of the work has been done.

Thank you very much, general. And are there any questions? Not all at once, thank you. Knowing that you -- with the first black box, what will the second black box will provide us with much additional information from your investigation. All information about the technical details of the flight from Barcelona and the action of the pilot which will allow us to assess that at a certain point there was only -- there is only one pilot acting in the cockpit.

[12:35:09] It will -- as I said to you, information on the speed, the altitude whether it was an automatic pilot or not the different modes of piloting. And I think it is vital additional information for the understanding of what took place during the last minutes of that flight. Yes, sir.

Can second black box -- how -- its additional information, I didn't say was more important. I think the first one was widely more informed because it allowed us to understand many things as I said to you before.

This particular box would provide us additional information which I hope will support initial information that I gave to you, I think last Thursday. Yes, madam.

Information about the publication of a video, I don't have any information. And I have sufficient energy to be dedicated in this difficult case without being distracted by trails which do not seem to be very irrelevant. I don't think there's been a leak. There been 490 -- 42 mobile phones, 470 person affects the mobile phones are extremely damaged condition as I said earlier

And I insure that they were looked into but I'm a bit skeptical in view of their condition that it would be a much use.

I do not - anything is possible. But I don't think so and it -- and whether it been just one phone that would not work, that would be working, it can happen but -- and the SIM cards -- have you been able to print a new pictures to see if any passengers could have communicate to some pictures. The investigations being sent to the phones, are being sent so from the time being. I can't answer your questions as long as the laboratory has not started to -- its work.

So I will answer you when I have the results of the work of the laboratory but the time being these phones are heavily damaged. And I do have a bit of doubt about them being useful possibly.

Will there be -- it's too early to say whether there are -- there will be some toxic according to the Germans, the code for that pilots would have made a search on online. I told you in my first discussion as long as the official -- if the estimation has not being given to me. I do not have the authority to express anything about what's being said by my colleague of Dusseldorf. Involuntary homicide, are we talking about -- we're still -- an involuntary homicide I maintain because the public action was a concern. We can not pursue anyone in particular, this haven't taken place on French soil.

Premeditated homicide or Germany will conduct the inquiries such it may wish to do so, but in France there's anyone inquiry which I have -- which I'm leaving, which folds under the charge of involuntary homicide. I think my answer is clear on that point. Will that be in the pilots and I have no information and nothing has been brought to my attention.

Somebody wanted to file a complaint. There are certain people who have file a complaint. Everyday I receive a pile of elements, of information of all types. Sometimes a little bit weird, and that is the reason for the crash or another reason the number of people who said they want to talk about this case is rather important.

If there's a complaint we will do so in due cause as long as I'm territorially authorize to do so it may not fall under my remit.

[12:40:10] When air traffic controlled realize there was something wrong seemingly, yes, it was a pilots of the Mirage plane who flew within -- who took the access to cross the part of this plane and unfortunately he was only able to see the end of what happens.

What depth was the black box found it was embedded 20 centimeters in the ground, it was a box of that -- no, not a tool box and there's no accident, I'm sorry, the (inaudible) was digging. She was digging to find close, she wasn't -- she came I think this morning a support personnel and by digging at the spot by several investigators had repeatedly gone over that patch. She actually put her hand on it by digging in the ground. It was in the ravine on the left, you can see on the picture, there was circle where the discovery of the box.

It is the debris of the rear of the plane. It is part of the (high) -- the debris, it is left to the point of points of impact above, above 0.0.

1,614 meters in altitudes. There it is on the left. 150 profiles of DNA have been identified and no ones been identified, I've told -- I've said very clearly before that doesn't mean we've identified the identification cannot be carried out only if we have a comparison between the free mortem and post-mortem is the comparisons of two, the comparison provided by the families of the victims.

And the post-DNA, 150 profiles, they have not identified one single victim. Difficult to answer your question, it will take several weeks between three to five weeks if all goes well according to plan.

Would you open -- for the infiltration of information, would you open another investigation? No, I think I told you last week we already have around the complex case which mobilizes a lot of energy amongst the magistrates and the investigators. I think we must focus on our objective, our focus today is that being able to return as soon as possible the bodies to the families of the victims, the families -- there are 17 different nationalities among the victims of this crash. How long will this last will be for the debris. Listen...

(END VIDEO CLIP) ASHLIEGH BANFIELD, CNN HOST: We've been watching the prosecutor in France is Brice Robin who's been updating us with some really remarkable information that's come out of this investigation into the downing of flight 9525.

And let me just list off some of the things he mention. First and foremost he said that the second black box, the cockpit data recorder excuse me rather the flight data recorder was found completely embedded about eight inches under the earth. And it was actually dug out by a police women who'd been looking for clothing and personal effects and low in the hole, she actually discovered this critical piece of information.

Here is what's troublesome though. The prosecutor described it is completely blackened and burned and not yet -- if not yet clear whether it will be of use. But it is certainly on its way to an airport and then on its way via the airport to the investigative bodies that we'll be analyzing it if it's at all in any shape to be (does).

Also of a critical interest, the prosecutor mentioned there are 2,854 fragments that have been recovered by those teams who are digging. Of that, we can also say 2,285 samples of DNA were recovered.

[12:45:05] As far as the testing has gone they have identified a 150 profiles. Let me very clear what that means. It does not mean they have identified a 150 people. They have just identified 150 DNA profiles but the prosecutor said not one individual victim has been identified yet. That could take three to five weeks.

Also, what's critical is among the personal effect this didn't seem clear at the beginning. First we were told it was 50 then 40 then more clearly 42 cellphones have been recovered in the debris.

They are terribly damaged and the prosecutor does not know if those phones will be useful. But very intriguing that they were able to find 42 cellphones and then my apologies I heard 700 plus or so personal effect, but I didn't get the accurate number of personal effect, they are still digging and racking for many of those.

I want to bring in Les Abend who is our analyst and also flight 777 pilot as well. So, Les when you heard 2,854 fragments I saw you shake your head.

LES ABEND, CNN AVIATION ANALYST: That's a lot of pieces but what it -- I mean it's just an awful horrific scene at the site that they're dealing within. I commend that police woman for finding that digital flight data recorder because we know it's orange, it's not really a black box and it was very disguised.

BANFIELD: When you look at, look every plane obviously crashes differently, there are issues that make it very difficult to retrieve fragments of the plane like water landings, crash landings and currents that kind of thing.

But is there something about that number that's stands out other than -- other devastation of a plane. Is there anything else to that number of fragments that tells you something about this investigation.

ABEND: Well what it tells you about is this was a high speed, high impact accident that we're pretty much all making the assumption. I mean it's just the airplane literally exploded into pieces and the pieces exploded against themselves.

It's a tough recovery effort. If there was an indication that the -- that perhaps the right wing maybe struck first will be, you know, the right wing will be covered so, they're very meticulously mapping out the whole scene.

BANFIELD: We have seen in many other flight disasters, a reconstruction in a hanger somewhere of damaged flight recovery pieces.

ABEND: Sure.

BANFIELD: When you have 2,854 fragments is that at all a possibility in this disaster and is it even needed?

ABEND: Yeah, I'm sure it's even needed and that's a great question. And, you know, it's seems a little impractical to me that the accident I think you're referring to is actually a training accident site the way it was done so well was TWA 800.

And the NTSP says that is a part of their accident investigation.

BANFIELD: OK. We're continue to watch the story and one other big development that our Pamela Brown is been able to glean from a French authority as also that they are looking at this as a premeditated murder. That is not what the prosecutor said however. While there maybe authorities who look at this way.

The prosecutor said at this point it is still an involuntary homicide until this investigation is more thorough.

Another big breaking story now coming out of New York two women arrested here in this jurisdiction with possible ties to ISIS, allegedly their plans were to blow something up. And make the bombs to do so. A lot of details on that after a quick break.

(COMMERCIAL BREAK)

[12:52:03] BANFIELD: And yet again another breaking story it is in such a busy day. This story coming to us out of New York City and to be real accurate Brooklyn, two women are under arrest in Brooklyn they are charged with planning to build a bomb possibly with some sort of connection to ISIS.

I want to bring in CNN Jason Carroll here in New York has been working the story.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Yeah.

BANFIELD: I just thought the complaint all I just saw where two names and the willfully conspiring to use a weapon of mass destruction and I think these women are in big trouble.

CARROLL: Big trouble, let's go through as much as we can I just getting the complaint now, two women identified Noelle Velentzas, 28 years old, Asia Siddiqui, 31 years old both of them from the United States, roommates they live together in Queens.

BANFIELD: U.S. citizens.

CARROLL: U.S. citizens according to this compliant here that we've been reading through both of them according to the complaint knowingly and willfully conspired to use a weapon of mass destruction.

In this particular case an IED an improvised explosive device. According to this complaint Siddiqui was already in possession of multiple propane gas tanks instructions on how to transform those gas tanks into explosive devices. And apparently she was also obsess with pressure cookers ever since the Boston bombing of course she know pressure cook bombs used in the Boston bombing as well.

And reading through this complaint some of the points that we founded interesting Siddiqui had been in contact apparently with members of Al-Qaeda in the Arabian Peninsula, the goal was to blow up and use bombs from a far rather than conduct a suicide bombing. And also to according to the complaint another goal was to make history, obviously these two women influenced by ISIS by the internet and through other means as well it goes to a lot of detail here, allegedly going to a home depo -- a local home depo speak up a lot of their materials...

BANFIELD: They were -- no one was ever in any danger. Though I mean this is always made very clear by the FBI that when they make this arrest they say almost first and foremost no one was in any danger...

CARROLL: Not yet.

BANFIELD: We got at this at the moment that we -- I just want to bring up that back in 2010 if you remember a gentlemen tried to set off a bomb in Time Square it didn't work, it was found smoking and I can tell you this, this are the same charges. He was facing a 10 count indictment and he was sentenced to life in prison, he pleaded, he pleaded on this one this is very, very serious these women could be...

CARROLL: They are a lot trouble.

BANFIELD: It's the same charges as Dzhokhar Tsarnaev except the resulting in death part which by the way he is facing the death penalty.

CARROLL: And the same type of influence, influence by Al-Qaeda, influenced by ISIS wanting to make history, wanting to make a statement that's what we're finding in this complaint as well allegedly about these two women.

One of the other things that I found interesting is when you look through the amount to time that was spent on the investigation undercover investigators working at this for more than a year. [12:55:02] BANFIELD: They've been watching them.

CARROLL: For more than a year.

BANFIELD: Hold that up for a minute that Colonel Francona I want to get you in here Retired First Colonel Lieutenant Colonel and CNN Military Analysts.

In this sort of investigation when you got the feds coming down on these women and holding them in before any damage can be done, how much work has be effectuated overseas? How many ties have the investigators been able to actually get to outside of America to try to find out how broad this went and where their -- where their inspiration, where their money, and where their material support came from, how much of that do you think they could have actually done?