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Legal View with Ashleigh Banfield

White House Says It Is Monitoring Oil Spill Off Santa Barbara Coast; Oil Spill Could Interfere With Local Economy Over Memorial Day Weekend; Aaron Hernandez Allegedly Involved In Prison Fight; Two College Students Claim They Were Forced To Have Transvaginal Ultrasounds As Part Of Classroom Training; David Letterman Closes The Curtain For Good Tonight

Aired May 20, 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: The White House says it is monitoring an oil spill off the coast of Santa Barbara deploying the Coast Guard to help with this response.

Take a look real close at your T.V. screen. That is not the picture you want anywhere in your neighborhood or even in your country, dark sludge on the sand, in the water, and covering that wildlife.

U.S Coast Guards says the ruptured line belongs to Houston-based company Plains All American Pipelines. Official say that the flow now has stopped.

And that is just about the only good news we're hearing right now because the flow may have stopped but the spread is another issue.

Joining me now live from the beaches in Santa Barbara, CNN's Paul Vercammen.

I was just watching your live shot during the commercial break, Paul, and I could see what look like at least -- I don't know, maybe 6 to 10 Tyvek-suited workers strolling the beach and trying to get handle on it, how is it going? Are these -- are they able to contain this and cleanup what did make shoreline?

PAUL VERCAMMEN, CNN CORRESPONDENT: You're right there we're about 6 to 10 right over my left shoulder but they're clustered all around this beach. There is sludge and tarballs everywhere. They're going through the pains taking work of literally raking together balls of oil and then putting in plastic bags.

I will tell you this, I have not seen in this immediate area at least any shore birds or any other animals covered in oil. So that's a good sign.

There's also few boats out here that are attacking the spill basically skimming it and collecting it in the water. This is one of those spills that originated from the ruptured pipeline onshore in that direction and then came toward the water. And joining with me -- joining me live right now Salud Carbajal, he's the Santa Barbara County Supervisor. And you have real concern about this trenched of coast not only environmentally but economically.

SALUD CARBAJAL, SANTA BARBARA COUNTY SUPERVISOR: Absolutely. Aside from the very important environmental and ecological issues, one of the most pristine areas in the world, we are concerned for the economy. Memorial Day weekend is coming up. We're concern whether this -- are is going to be able to open by then or not, and certainly that will impact our local economy.

VERCAMMEN: Well, I hope you're able to get it open and all the other state beaches in (inaudible) stay opened as well. That's Salud Carbajal, Santa Barbara County supervisor.

We should note that Refugio State Beach is closed right now. They do expect about 3,000 people would come through here on Memorial weekend and the beach just down the road, El Capitan also threatened by the spill but open for now. Back to you, Ashleigh. [12:35:04] BANFIELD: That's so frustrating especially so close to

this holiday weekend in such a beautiful environment.

Paul, good luck. Keep us posted on those efforts and send our best to those people doing that hard work too. Paul Vercammen, live for us in Santa Barbara.

Robert and Arlene Holmes, you may not have heard as much about them at their son James, because they are the parent of this accused mass murderer. It's their son James shot 12 people dead at a movie theater in Aurora, Colorado. That's not disputed.

But one of the victims was just six years old. And now that he's on trial for murder, you might be surprised to hear what his parents are saying. And just imagine for a moment during commercial break, that it's you sitting, watching across the courtroom as your son faces a death penalty.

(COMMERCIAL BREAK)

BANFIELD: Aaron Hernandez doesn't seem to be able to stay out of trouble even though he's locked up behind bars. A law enforcement source says that the former NFL player has gotten himself mixed up in the prison fight.

Hernandez allegedly agreed to be on the look out for another inmate who went into another prisoner's cell, and now all three of those fellas are being disciplined, and that means Hernandez is now in a special management section, that's a euphemism for not as good as the day yesterday before you did that stuff.

Tomorrow a judge may set a trial date for two other murder charges that Hernandez is facing relating to a drive by shooting back in 2012. So that hits just keep coming. We're not talking football.

These are live pictures were about to show you from the James Holmes murder trial. And everyday two people come in to that courtroom and listen to every gruesome detail. And I'm not talking about parents or those who were injured. I'm talking about parents of the man who's accused because their son killed 12 people and injured 70 others in the crowded Colorado movie theater back on July 20th of 2012.

[12:40:15] His plea is not guilty, but his not suggesting he didn't do it. He's just think he's not guilty because of insanity. And his parents concur. They say that he is mentally ill, and they have written about it and how heartbreaking this whole concept of the trial and the death penalty is for them and everyone else.

CNN's Ana Cabrera has been in court. She's been following this case closely.

Ana, we are very limited in that picture that we can show of the inside of the California or the Colorado courtroom. The judge dictated early, "Big white shot. No zooming in on James Holmes or his family, or anybody else."

But what -- because you're in the courtroom what do you know his parents and how they are everyday in that courtroom?

ANA CABRERA, CNN CORRESPONDENT: Well, they show a very little emotion. They sit very quietly day in and day out. They're seated behind the defense team and what considered the gallery of the court, which you can't see in the full feed video that the court has authorized us to show.

But I can tell you, I do look at them frequently to just see if they're reacting to some of the emotional testimony, to see how they seem to be handling some the heartbreaking details that are coming out in court, and they don't show much. They sit quietly, looking straightforward, really talking to nobody, hardly even talking to each other during some of the brief pauses or breaks in the courtroom, they look weary, they look solemn.

They've come here to Colorado from San Diego for this trial that it's expected to last at least four months. And we've witnessed no interaction with their son, at least in the presence of the court. Not even eye contact.

We did see with one of the trial them try to pass a note to Holmes' defense team. But other than that, that's then the only interaction we've seen between the defense team Holmes' lawyers and Holmes' parents.

I can tell you there was an emotional moment yesterday in which we saw Robert Holmes turn and look directly at the family of victim Micayla Medek.

Some family members have led out an audible whimper and from sobs as a witness was testifying about autopsies of the victims. And we saw Robert Holmes then look directly at that side of the court at that family.

And so, that was one of the moments where we saw him show a little bit of emotion, Ashleigh. BANFIELD: It's just heartbreaking because, you know, they -- they're innocent in all of this. And they are in as much pain as everyone else.

I just want to read really quickly what they wrote on this op-ed.

We love our son. We've always loved him. And we do not want him executed. We do not know how many victims of the theater shooting would like to see our son killed, but we are aware of people sentiments.

It's just heart wrenching.

Ana Cabrera, thank you for that.

Deserving allegations involving a college sonography program, sonograms, people who study to do them.

Two of those students say that they were forced to walk across a classroom draped in a towel. And then, I'm not kidding here, get vaginal exams in front of the entire class, and if they didn't, their grades would suffer. Is it possible that can be legal? We'll discuss it, next.

(COMMERCIAL BREAK)

[12:46:55] BANFIELD: Two college students say that they were forced to have what's known as transvaginal ultrasounds as part of their classroom training in their sonography program.

And they went on to say that if they didn't submit to those exams, they would -- they were told that their grades would actually be reduced and they'd be blacklisted within the medical community.

They make these claims in a lawsuit, a federal lawsuit that they have filed against Orlando's Valencia College, and they did so on Thursday.

(BEGIN VIDEO CLIP)

CHRISTOPHER DILLINGHAM, ATTORNEY: When our clients went to orientation, these vaginal ultrasounds were positioned as voluntary. However, as time went on, it became clear that they were anything but -- I can only begin to imagine what type of psychological stress this had upon them.

(END VIDEO CLIP)

BANFIELD: So, the college, for its part, has issued the following statement, and I'm going to quote them.

"The use of volunteers, including fellow students, for medical sonography training is a nationally accepted practice. Valencia College's sonography program has upheld the highest standards with respect to ultrasound scanning for educational purposes, including voluntary participation and professional supervision by faculty in a controlled laboratory setting. Nonetheless, we continue to review this practice and others to ensure that they are effective and appropriate for the learning environment."

There are three defendants that are named in this lawsuit, and they have not yet responded to our request for comment.

CNN's Legal Analyst and Defense Attorney, Danny Cevallos, joins me live now.

Danny, the first thing I thought when I heard about this claim was that can it possibly be legal in any circumstance that you know of with your medical background and the teachings that you do for this kind of a thing to actually happen?

DANNY CEVALLOS, CNN LEGAL ANALYST: When this case first came up, as an adjunct professor in the healthcare of law area, the first thing I thought is, well, the claim -- the defense by the school is going to be that these PPEs, these Physical Peer Examinations were voluntary.

And after all, that's the defense that the college has to make because these are federal claims of state entities unlawfully searching and seizing the students.

These are claims that are typically brought against policer officers, but absolutely can be brought against state law employees in this context.

And as a professor, the idea of volunteering is a bit of illegal fiction. I readily admit, I call on students all the time and their participation really could not be called voluntary, it's compulsory. However, I am merely asking a question. This is an entirely different planet.

So, if the school claims that all volunteers consented, then if they consented, what do they really consent, or was it with that fear that they would suffer some adverse classroom consequences if they did not consent.

[12:50:03] BANFIELD: What I was astounded that is not only that this is the first and forth amendment issue that they're claiming. But what about all the people who were watching because it is extraordinarily uncomfortable perhaps for them as well to be fellow students in this kind of thing happening.

But so far the only claim is from those who actually underwent the exams. We'll continue to watch.

Danny, nice to see you thank you.

CEVALLOS: Thank you.

BANFIELD: Always good to see you Danny. And if you want to check out more on this we've got this piece up on cnn.com and there's a lot more details to it if you want to take a look.

After 33 years as the king of comedy, tonight David Letterman is closing that curtain for good. No more, top ten list for stupid human tricks or stupid pet tricks or stupid any tricks. So what can we expect for tonight's big, big bitter sweet finale?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

PHILIP ZAZOVE: Open enough.

SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Dr. Philip Zazove have always knew wanted to follow in his parent's footsteps by becoming a doctor.

ZAZOVE: Bend your knees please.

GUPTA: Despite his hearing loss.

ZAZOVE: When I was about four, the expert told my parents that I would be lucky to be able to be a janitor.

GUPTA: Dr. Zazove's parents pushed back and they place him in public school where few special accommodations were given to deaf students.

ZAZOVE: We are talking about 1955. The teacher would say, "Oh, no way can I have a deaf kid in my class." And my parents would have to insist.

[12:55:06] GUPTA: Bullying became another obstacle.

ZAZOVE: Some kids who would speak with their mouth behind their hands.

GUPTA: But Dr. Zazove persevered and went on to medical school. He worked twice as hard to keep up with his hearing classmates.

ZAZOVE: I probably spend a lot more time reading and rereading the material. I never doubted myself.

GUPTA: Today the husband and father of two is Department Chair of Family Medicine at the University of Michigan.

ZAZOVE: Many patients don't even know I have a hearing loss. They just think I'm born someplace else and have an accent.

I'm very optimistic.

GUPTA: He also inspires other like him to pursue careers in medicine.

UNIDENTIFIED MALE: Seeing people that are successful is always to help for our staff may have a little bit of struggle.

GUPTA: Dr. Sanjay Gupta, CNN reporting.

(END VIDEO CLIP)

BANFIELD: So tonight they're turning out the light on David Letterman's late show after 33 years of all those stupid pet tricks of top list. He is just going to end that run. And he'll do it at the Ed Sullivan Theater.

Everybody from President Obama, to comedian Bill Murray has dropped by to say goodbye. And overall of the years, David has been on the air, we just really never quite knew what was going to happen next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And now, I may have good things you're your glue (ph) should have their own museum David Letterman.

DAVID LETTERMAN: Ladies and gentlemen Bill Murray.

BILL MURRAY: David Letterman come on everybody up.

(CROSSTALK)

UNIDENTIFIED MALE: Now this wall is again covered with the other half of the...

LETTERMAN: I feel like jerk plant to be honest with you.

UNIDENTIFIED MALE: Why.

LETTERMAN: Well because I, 90 percent of the day I feel like a jerk.

UNIDENTIFIED FEMALE: I thought that I would never want to do this show with you.

LETTERMAN: Now, why? Now, let's explore this a little. Why, because you thought I was...

UNIDENTIFIED FEMALE: An asshole.

(END VIDEO CLIP)

BANFIELD: I remember watching that live, I was seeing Brian and all this dirt. I remember all the stuff and I still think we cells in theaters his new place.

Male: His new home.

(CROSSTALK)

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: ... that was been at his best. He was an alternative comic, he was literally pushing on the wall of the T.V. screen seeing if he going to get away with.

He's become more mainstream now. But his influence cannot be over stated. All the comic we see now like Sarah and Kimmel all grew up looking up to Letterman.

BANFIELD: I think I'm seeing interviews, were their tearing up about this.

STELTER: And Kimmel last night said "Yeah, I got a show on Wednesday. But go over and watch Jay -- Dave instead, go over and watch Letterman instead, pretty unusual move.

BANFIELD: No, Leno though do we know.

STELTER: No, Leno.

BANFIELD: Just not going to happen or is it something...

STELTER: He was invited. My talk to the producer yesterday, he was invited Jay turned them down. Thinking might be for the best because this will truly just be Letterman's moment.

But there are some other surprises they have in store.

BANFIELD: You did interview with E.P.

STELTER: Yes, we talked to the E.P. yesterday. He said, so there'll be no sit down interviews. But here's what he said about what will be on tonight.

BANFIELD: Oh good.

(BEGIN VIDEO CLIP)

ROB BURNETT, EXECUTIVE PRODUCER, "LATE SHOW WITH DAVID LETTERMAN": You know, I think the final episode is in the possibility. I've come to realize that. I just don't think there's any real way to go particularly right or particularly wrong.

I think it's really something that marks the end of a body of work that speaks for itself. You know, we have all kinds of stuff planned, there'll be some clips, there'll be, you know, in think all the -- we've done our best to put together a lovely show. I think it probably will come down to the moment that David says

goodnight, I think David is very good at that and in think no matter what he does it will have emotional impact.

(END VIDEO CLIP)

STELTER: So that sign off will not be scripted, it's going to from David heart and it will be tapped this afternoon.

BANFIELD: Another way Burnett, did that guarantee you success in television when you need the Burnett.

STELTER: That was Mark Burnett one of the most successful reality T.V. producers out there.

BANFIELD: No relation.

STELTER: And Rob Burnett is been the E.P. of Letterman show for 20 years. He started as an intern, he became the head writer. You know, and there's a lot of those veterans, there's a dozen of those people who have been with Letterman for 30 years and they're all basically out of work now.

BANFIELD: They don't have any big gigs lined up. They're not going to move over to Halle Berry?

STELTER: Some of them have other work lined up. The guy you just saw, he's working a movie with Paul Rod. You know, Letterman has his own production company but that was, it's unclear what they're going to do with that company in the future. And Halle Berry is largely bringing his own stuff.

BANFIELD: Will he just stand up?

STELTER: Oh, what an interesting idea.

BANFIELD: Do imagine David Letterman do stand up.

STELTER: You know, Letterman has been saying, he's been making jokes about how -- he doesn't know what he is going to do in the future. The producers say they have no idea either. But I'm sure in the back Letterman's mind...

BANFIELD: I think he should be a 60 minute too correspondent just me. I swear, I think he'd be phenomenal at it, he's smart, he's insightful and I would watch anything that guy has to say about culture and well look...

STELTER: Maybe we heard here first.

BANFIELD: I wax on and on Dave, come in, do an interview with us and let's talk.

Thank you Brian, can't wait to watch this time.

STELTER: Yeah, few hours away.

BANFIELD: Few hours away thank you everyone for watching, it's been great to have you with us.

[13:00:02] But stay tuned because my colleague Wolf Blitzer is going to take the helm and that's going to happen in us now.