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Legal View with Ashleigh Banfield

UVA Frat Plans Lawsuit Against "Rolling Stone"; Will Aaron Hernandez Take the Stand? Family of Four Falls Victim to Powerful Pesticide; John Oliver Grills Edward Snowden. Aired 12:30-1p

Aired April 06, 2015 - 12:30   ET

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

[12:30:00] (COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN HOST: So, if you were just with us before the break, the breaking news on the "Rolling Stone" story is that there's some trouble ahead even more than "Rolling Stone" is admitting to right now in saying that it made horrible mistakes in reporting a terrible campus rape at UVA.

And in fact, the fraternity that was singled out in that rape story has announced plans to pursue all available legal action against the magazine. They stop short in the statement of anything pass the magazine, anybody else who repeated that story and broadcast that story or published that story as well. But this is what the fraternity says, "Clearly, our fraternity and its members have been defamed, but more importantly, we fear this entire episode may prompt some victims to remain in the shadows, fearful to confront their attackers. If "Rolling Stone" wants to play a real role in addressing problem, then it is time to get serious." And our thanks to Brian Stelter for getting that news and brining to us right away as it's breaking right now.

So "Rolling Stone" not only hurt its own reputation when it published that flawed and discredited report, but it went further. It actually may have hurt the campaign, a larger campaign against sexual assaults on campuses everywhere.

And CNN has a documentary coming out in the fall called "The Hunting Ground", and it explores that very sensitive subject. It also uncovers some pretty startling fact, too, for example, only 5 percent of campus assaults are actually reported.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The first few weeks, I made some of my best friends but two of us were sexually assaulted before classes had even started.

UNIDENTIFIED FEMALE: I went to the dean's students office and they just said, "I just want to make sure that you don't talk to anyone about this."

[12:35:00] UNIDENTIFIED FEMALE: They protect perpetrators because they have a financial incentive to do so." UNIDENTIFIED MALE: Problems on sexual assault on campuses is enormous.

UNIDENTIFIED FEMALE: I think it's fair to say that they cover these crimes up.

UNIDENTIFIED FEMALE: There's a lot of victim blaming.

UNIDENTIFIED FEMALE: He lectured us about how we shouldn't go out in short skirts.

UNIDENTIFIED FEMALE: They call me despite the fact that I had a written admission of guilt that I presented to them.

UNIDENTIFIED FEMALE: Could only prove that he loved me.

UNIDENTIFIED FEMALE: They discourage someone going to the police, if it goes to the police and it's more likely to end up as a public record.

(END VIDEO CLIP)

BANFIELD: Joining me now is Amy Ziering, she's the producer of "The Hunting Ground". Amy, the first thing I thought of when this got so big in the last 24 hours, was that a million truths can be undone by one lie. Is this a grave concern given the amount of research you've done for this documentary? Given the scope of the problem of campus rape, will people be able to use this story as anecdote as to how so many get blown out of proportion? So many of these are lies?

AMY ZIERING, PRODUCER, THE HUNTING GROUND: Well, the truth is so many are not, Ashleigh. So many are true. In fact study show that 92 percent to 98 percent of reports of rape are true not false, which means that 92 percent to 98 percent of rapes -- did I say that right? The 2 percent to...

BANFIELD: Two to 10 percent are lies?

ZIERING: Two to 6 percent are false which is the same statistically of any other false reporting in any other crime in our society.

BANFIELD: But the thing is it's a big headline, it is a massive, massive headline. And oftentimes, the headline becomes bigger and perhaps those smaller facts that are embedded within.

ZIERING: But that's a media issue, right? This is an issue of poor reporting which is going to happen and could happen with any issue. It shouldn't reflect on the issue itself, and the issue is -- the truth of the issue itself is studies, numerous studies shows that this is happening at every levels on campus. In fact, there was recent case at Vanderbilt extremely well-reported by several outlets in which the accused assailant was found guilty.

So, you know, and why aren't we sort of -- and that's where our outrage and concern will be.

(CROSSTALK)

BANFIELD: Two were found guilty and there's still two more...

ZIERING: Yeah, exactly. Exactly. That was exactly--case with object penetration just like this case...

BANFIELD: Well, and a big difference, they video-taped, they sent it around to their friends, they sent it interstate...

ZIERING: But what I'm saying is these things do happen. It's not so incredulous -- not so incredible.

BANFIELD: OK.

ZIERING: And that's where our focus, concern, and outrage should be, and properly should be.

BANFIELD: So, will this -- OK so perhaps on the women out there, and men as well who suffered these rapes as well, if they are afraid of now of coming forward because of the backlash against this story, what about the universities? Will they be able to use this lie?

Let me backtrack that, it's not she's lied, it's that she -- her story doesn't check out the way she told it. Will they be able to use these untruths as cover for their behavior which in your documentary points out very clearly, they're terrible at helping people who need help, the victims.

ZIERING: Yeah. No. We did find out time and again and that is a concern, but we very much hope not. And what we're seeing is that actually films like hours and other stories that are really well-done by the media, by the New York Times and other press. The New York sent a great article recently on Hobart and Smith and there was a gang of assault there. One person assaulted that several people witnessed. That was completely well-reported and completely verified and a horrific case.

So, it's the reporting and the coming forward of those survivors on those cases that we hope believe Will continue and as what needs to continue in order for this issue to get more traction and more concerns.

BANFIELD: The film is great, it's "The Hunting Ground." I'm not just saying that because it's going to be on CNN this fall. I've the seen film, it's in theaters across the country right now. It's been out for about a month and a half or so. And highly, highly recommend. You see it because it is an issue on Capitol Hill as well. Many senators, bipartisan effort to try to make changes specifically about the things that you highlight. Thank you.

ZIERING: Thank you. Thank you.

BANFIELD: Nice for you to come forward and talk about this today, appreciate it.

We are likely in the final hours of the murder trial of former NFL star, Aaron Hernandez. So here's a big question, he's a big start in a beloved team in that community, would it help if he took the stand in his own defense? Or would he be his own worst enemy? Story's next.

(COMMERCIAL BREAK)

[12:42:12] BANFIELD: Pretty high drama. Boy, there's really no other way to call it, at the murder trial, the Former NFL Superstar, the New England Patriots Aaron Hernandez. You cannot call it a duel with the doctor as the prosecutor tries to get defense expert to admit that you can definitely tell when someone on PCP.

(BEGIN VIDEO CLIP)

DR. DAVID GREENBLATT, HERNANDEZ DEFENSE WITNESS: And your opinion with PCP. You can be under the influence or you can be intoxicated. Not just under the influence, intoxicated but use of PCP coming to close contact with somebody and they would not perceive that.

UNIDENTIFIED MALE: It does possible, it's true.

GREENBLATT: Is it like the doctor?

UNIDENTIFIED MALE: I don't know.

GREENBLATT: When you say you don't know what do you mean by that?

UNIDENTIFIED MALE: You can't tell it, it's unpredictable.

GREENBLATT: So, is it fair to say that you can't tell anything about PCP?

UNIDENTIFIED MALE: No, I didn't say that.

GREENBLATT: From passing your seat.

UNIDENTIFIED MALE: Don't know.

GREENBLATT: We are passing your seat.

UNIDENTIFIED MALE: Don't know.

GREENBLATT: Don't know what doctor?

UNIDENTIFIED MALE: The answer to your question is, I don't know.

(END VIDEO CLIP)

BANFIELD: Susan Candiotti is live at the courthouse. And HLN Legal Analyst Joey Jackson is here with me.

Susan I just want to ask you a very simple question. If they get into the weave about who was on drugs and who was acting strange and those other two guys that are going to be tried at another time.

I just want to know if Aaron Hernandez would dare or if there's any suggestion that that man is going to walk up in front of that entire courtroom and explain everything to the court. And take the stand. What are the chances?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: No chance at all. In fact the final of the three witnesses is on the stand right now. So, unless something drastic happens Ashleigh it's not going to happen.

BANFIELD: So, if it then the parade of all the witnesses that sort of coming to a very close end. And still we have so many questions about this awful behavior.

CANDIOTTI: That's right and the last witnesses we're hearing from include this PCP expert. And his important to the defense because they've been hinting and hinting throughout this case, that it was Ernest Wallace and Carlos Ortiz the co-defendants who are being tried separately who are high on PCP. And that they were the ones that pulled -- who pulled the trigger.

But the point is the way this is being prosecuted and charged, it doesn't matter who pulled the trigger. So, it maybe a move point in the end. And that's why they were showing pictures of what these men, how they were acting, what they look like literally three minutes on home surveillance video after prosecutor say Odin Lloyd was murdered.

And they don't look like they're all hyped up at all which is one of the possible side effects of being angel dust. Ashleigh?

BANFIELD: OK. Just a yes or no answer here please. It is Bill Belichick the coach the famous coach of the New England Patriots going to walk in to that courtroom and talk like the owner of the team did?

[12:45:06] CANDIOTTI: Not going to happen. Prosecutors used the owner Bob Kraft to do it, they don't need them.

BANFIELD: That's crazy to me because you talked to your coach more than you talk to your owner. I still don't get that.

Susan, standby for a moment. I want to bring Joey Jackson into this.

You're a defense attorney. Let's just say this is your client, you are sitting beside a superstar a beloved New England Patriot, a guy who walked into that courtroom with so much sheen it was blinding. And one by one, day by day that sheen has been tarnished.

You don't put him back up on the stand to regain all that fame and sheen and the essence of maybe I just didn't do it.

JOEY JACKSON, HLN LEGAL ANALYST: Absolutely not. The reality is, is that that sheen has been significantly tarnished by the 131 witnesses that the prosecution has put on that stand after a month.

And there's so many problems Ashleigh when you put your client on the stand, one of which is the wrecking of your cases. Everything that you do as a defensive attorney to mold your case, to structure your case, to place that doubt, could all be for not in the event that the defendant doesn't do well. And think about what he has to explain. So, went to that industrial park with Mr. Wallace, Mr. Ortiz your co-defendants and someone else who's now dead Odin Lloyd and you just stood there?

What was the purpose and what was that in your hand by the way. So, many things on cross examination that his answers will be really scrutinized. And if they don't make sense, guess what, it's over. Keep him away from the stand.

BANFIELD: Either good lawyers.

JACKSON: Very good lawyers.

BANFIELD: And typically good lawyers are smarter in a courtroom than a defendant.

JACKSON: Oh absolutely.

BANFIELD: Who doesn't have that kind of experience.

All right, Joey Jackson, thank you, Susan Candiotti great work as always. Keep us posted as to the next move because this thing is coming down to the water.

There is this other story that cross our death, been it's really outstanding. Two boys are in a coma and their mom and dad on your screen effectively so injured they were hospitalized. The father crippled unable to speak, their mother stricken with convulsions, all of them severely poisoned while on vacation in the Virgin Islands.

And now the United States Justice Department is stepping in. You're about to find what they are doing, what they're looking for and what might happened to the people who own the hotel and the place where they got treatment for pesticide.

(COMMERCIAL BREAK)

[12:50:55] BANFIELD: A powerful pesticide that is banned in the United States for indoor use is now suspected to have poisoned an entire family that felt deathly ill while on vacation in the Virgin Islands.

Two teenage boys in the family are right now in a coma. And now the United States Justice Department is stepping in.

Nick Valencia explains what we know so far.

(BEGIN VIDEO CLIP)

NICK VALENCIA, CNN NATIONAL REPORTER: This morning, a criminal investigation underway at this luxury hotel in Saint John's in the U.S. Virgin Islands, after a family of four on vacation from Delaware was allegedly poisoned by methyl bromide, a deadly pesticide commonly used in agriculture.

OLIVER CAMPBELL, CLASSMATE OF VICTIM: It could have happened to a better family and better people and they're just turning all around. They're one of those families that everyone loves to be around.

VALENCIA: The company who rents out a villa at the Sirenusa resort told CNN, the pest control company Terminix fumigated the lower unit on March 18th right in the middle of the family stay.

The odorless nearly undetectable gas attacks the lung and nervous system causes respiratory and heart failure. So toxic it's banned from use indoors within the U.S. Even the world meteorological organization says methyl bromide is destructive. It significantly contributes to the thinning of the earth's stratospheric ozone layer.

CARL MARVIN, VICTIM'S CLASSMATE: It's really scary to think that this could happen to somebody that you know.

VALENCIA: The father, Steve Esmond, was found in a coma while his sons, 14 and 16 and their mother, Theresa Devine, were having severe seizures according to the family's lawyer.

The parents' condition improved after the family was airlifted back to the U.S. The mother released from the hospital. But the attorney said on Saturday both of the boys remain in a coma.

Terminix told CNN in a statement that they are "Looking into this matter internally and cooperating with authorities" and they "Join the community in wishing them a speedy recovery."

Nick Valencia, CNN New York.

(END VIDEO CLIP)

BANFIELD: I want to bring back in Legal Analyst Danny Cevallos who practices in Pennsylvania and the United States Virgin Islands which is critical in this story. Look, this is the United States, its protector so.

DANNY CEVALLOS, CNN LEGAL ANALYST: People get down on it all the time. They often just assume it's the BVI, and it's not. We have three islands that are territory of the United States, the U.S. Virgin Islands.

BANFIELD: So the DOJ, Department of Justice has stepped into this. They're looking at the possible criminality of what's going on here. What is that mean for say the hotel or the condo that they rented and Terminix?

CEVALLOS: Some very serious potential civil liability in this case. This is -- the general scuttlebutt about the U.S. Virgin Islands is that it's a very plaintiff friendly jurisdiction. And in cases like this, you might get a jury that would view a state side company like Terminix very poorly for coming on to their home.

BANFIELD: Yeah.

CEVALLOS: And putting their chemicals on their island so.

BANFIELD: Let's just say civil, OK. What about criminal? I mean that's -- they -- I read up on the acute toxicity of this. This methyl bromide is -- oh a barely only certified professionals are allowed to use this in only certain agricultural things.

So no, not inside, not even outside in a lot of places and not everybody is even allowed to get near this stuff.

CEVALLOS: Yeah, an easy way to think of these territories is that they really function in many ways like states. The U.S. Federal Government has the same authority there as it would to enforce its criminal law as it would in Missouri. And if it's Missouri by federal law, then it would be probably banned in the U.S. Virgin Islands.

BANFIELD: Beautiful.

CEVALLOS: It is, that's cruise bay there, that's one of the prettiest places I think in the world. And it's just such a shame that something like this is happening in such a vista like that.

BANFIELD: I want to be really careful about this methyl bromide. Apparently, there was a unit down below that was treated but the accusation has not been proven at this point. It suspected but it's not proven so there's still a lot more to do on this case. And we want to make sure these family members are going to be OK.

Danny, thank you for that. Appreciate it.

Coming up. Comedian John Oliver lands a big interview with the NSA leaker Edward Snowden.

[12:50:04] How is that for a story for a comedian? And here is the punch line, he is making big news and you're going to hear it.

(COMMERCIAL BREAK)

BANFIELD: Comedian John Oliver loves to crack jokes. But in an interview that "Any real journalist would kill for" the NSA leaker, Edward Snowden, that guy was not laughing.

On HBO's Last Week Tonight, John Oliver not only grilled Snowden about the vast reserves of U.S. government secrets he exposed, but check this out.

(BEGIN VIDEO CLIP)

JOHN OLIVER, HOST, HBO'S LAST WEEK TONIGHT: How many of those documents have you actually read?

EDWARD SNOWDEN, NSA LEAKER: I have evaluated all the documents there in the archive.

OLIVER: You've read every single one?

SNOWDEN: Well, I do understand what I turn over.

OLIVER: The difference between understanding what's in the document and reading what's in the document? SNOWDEN: I recognize the concern.

OLIVER: When you're handing over thousands of NSA documents, the last thing you want to do is read them. So the New York Times took a slide, didn't redact it properly and in the end it was possible for people to see that something was being used in Mosul on Al-Qaeda.

SNOWDEN: That is a problem.

OLIVER: Well, that's a -- up.

(END VIDEO CLIP)

BANFIELD: And that is something we are not allowed to say on this channel. Oliver did eventually lighten up they're demonstrating how little Americans actually do know about Edward Snowden.

[13:00:06] Thanks for watching everybody. WOLF starts right now.