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Legal View with Ashleigh Banfield

DC Police Press Conference on Recent Murders; Discussion of Motorcycle Gang Violence; Examining the Potential Legal Actions Following Oil Spill. Aired 12:30-1p ET

Aired May 21, 2015 - 12:30   ET

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

[12:30:09] CHIEF CATHY LANIER, DC METROPOLITAN POLICE: I am not able to comment on any evidence related to the case at this time, I'm trying to provide as much as I possibly can to the public while still not jeopardizing this case.

So I appreciate your understanding in my inability to comment at all on evidence related to this case.

So I'll start of with most of you know, we did obtained an arrest warrant for first degree felony murder while armed in connection with the May 14th murder of Amy Savopoulos, Savvas Savopoulos, Phillip Savopoulos and Vera Figuaroa.

At this time we do not have the suspect in custody. Daron Wint is a black male, with dark complexion, his probably 5 foot 7 in height and weighs about a 155 pounds.

We have information that he has last seen wearing blue jeans, a blue hooded sweatshirt and white Tennis shoes.

Over the past 24 hours, the Capital Area Regional Fugitive Task Force has searched several locations in Prince George's County Maryland, looking for Mr. Wint.

Information gained from interviews and new information in the past few hours, we information that we believe Mr. Wint is currently in the Brooklyn New York area.

The task force is continuing his search for Mr. Wint. I have been in contact with the commissioner from the NYPD. They have offered and are providing all assistance that we need and trying to locate Mr. Wint.

I also want to reiterate that the support that we've received working this case with our task force partners and particularly the APF, the secret service and even Metro Transit Police to help us process really a very large volume of information evidence in leads has been tremendous.

And we would be where we are today without their support. So I want to thank them.

For the residents of the district who are rightfully scared and wants answers as to why and how this family may have been involved. We want to give as many answers as we can, but what can I tell you right now is that we do believe that there is a connection between this suspect in this case through the business.

So right now it does not appeared that this was just a random crime but there is a connection through the business of the suspect and the Savopoulos family business.

So again as soon as we can give you more information, we will and I apologize for my inability to answer specific questions about evidence in the case.

(OFF-MIKE)

UNIDENTIFIED MALE: Do you believe that there are multiple suspects involved...

(OFF-MIKE)

LANIER: We have not ruled out that there are others involved. But I can't comment beyond that.

UNIDENTIFIED MALE: When you refer to the Savopoulos business, in some business, the ironworks business or it is

a martial center...

LANIER: The ironworks business, yes.

UNIDENTIFIED MALE: Did he work or went work for American Ironworks at one time?

LANIER: We have recent information that he did work at American Ironworks at one in the past.

UNIDENTIFIED MALE: Did he leave -- did he fires from American Ironworks?

LANIER: I don't have information but...

(OFF-MIKE)

LANIER: In the video that we put out.

UNIDENTIFIED MALE: Yes ma'am.

LANIER: We do. Yes?

(OFF-MIKE)

LANIER: We believe that he was a person that we put out and seeking that the person of interest in the video released last week.

UNIDENTIFIED MALE: I mean how do you believe he got to the Brooklyn area?

LANIER: I can't comment on that I don't have that information. (OFF-MIKE)

LANIER: We don't have any vehicle information associated with Mr. Wint right now. We have had different sources of information possible a bus. But we don't -- we just don't know.

UNIDENTIFIED MALE: Can you speak to the DNA evidence specifically that you got the evidence after the scene. But that was quite as it matched the evidence you already have on this suspect. The evidence you have of this DNA when you has mentioned already where is that come from.

LANIER: I'm not going to comment on any evidence that we have at all.

(OFF-MIKE)

LANIER: I can't comment on that right now.

UNIDENTIFIED MALE: (Inaudible) if you watch him right now this is broadcasting throughout the country do you understand (inaudible) his armed and dangerous as far as for a brutal crime that terrorizing community. What do you say in that?

LANIER: Well I mean right now you have just about every law enforcement all sort of across the country that is aware of his open warrant and are looking him.

I think even his family, has police from him to turn himself in. And I would just reiterate that it's a much easier if he just turn himself in.

UNIDENTIFIED MALE: Have you had any contact with him in any form since the murder was placed (ph).

LANIER: I'm not going to comment on that.

(OFF-MIKE)

LANIER: I can't comment on that this time.

(OFF-MIKE)

[12:35:01] LANIER: I'm not allowed to comment on that as well.

(OFF-MIKE)

LANIER: Well, right now again I think we have now established that there is some specific connection to between the suspect and the victims here. So this was not random.

We hopefully we will have Mr. Wint in our custody very soon. But we are, is distributing his photograph as widely as possible. And we encourage people to call us, if they believe they see him not to take action, but to call us just dial 911. And whatever jurisdiction you're in and have the local police respond.

(OFF-MIKE)

LANIER: Well I mean obviously, we have a person that's wanted for four horrible murders. I'm not going to say his not a danger.

(OFF-MIKE)

LANIER: I can't comment on the charge in the case.

(OFF-MIKE)

LANIER: We've asked that when if anyone sees this person to assume his maybe armed and dangerous and to contact local police. Thank you.

(OFF-MIKE)

ASHLEIGH BANFIELD, CNN HOST: Well there you have it. Police Chief Lanier, wrapping up the news conference with the sadly very little information, we didn't know if she was going to tell us that they have that man in custody. But she told us they do not.

And this was a big appeal to the public if you see something, say something particularly called 202-727-9099 they want this man. He is not only considered armed and dangerous. This man is one of the most serious felony murder with, you know, while armed. It's an extraordinarily serious, there is death penalty in the district of Columbia.

And that would more or less qualify for it, I will double check the statute in the district. But generally speaking felony murder of this ilk with four victims and torture involved et cetera.

A lot of people will say this is for death penalty was created for, this kind of crime. So he is on the lose folks currently at large as she said.

And believed to be in the New York area and specifically Brooklyn.

Harry Houck you said it, you call your sources earlier, you said that he have been traced here.

HARRY HOUCK, CNN LAW ENFORCEMENT ANALYST: Right and of course we didn't know anything about an arrest. So I mean that my trace has said that there's no arrest. But the fact is -- that they got him in the specific borrow.

They got some pretty good information. And I'm sure NYPD is flooding all the regional cars, all the in mark regional cars everybody out there in Brooklyn area, the task force and they're going through this whole area and using all their sources to track this guy down.

BANFIELD: They going to get him?

HOUCK: Yeah, they going to get him. Because, you know, there's -- last time, there's a $100,000 reward for this guy.

BANFIELD: Yeah.

HOUCK: And like I said wanted show -- this guy got nowhere to go, he's just going to drive around. He's probably got some kind of connection here in Brooklyn, you know, some kind of contact.

And that's how they trace him there. So, you know, I won't be surprised, I won't be surprised ...

BANFIELD: Clearly the sharpest tool that shed if left his DNA all over the pizza that he ordered. Allegedly while perpetuating this horrors upon the stand way and the child.

Let's not forget folks the reason I am so incensed, a crime is awful. But when you hear about a child being tortured...

HOUCK: Right.

BANFIELD: In front of his family so that they can get more money out of money. I mean it is just, this is what they called the worst of the worst and I hope you're right. I hope there's no honor among thieves and that whoever he runs with will say $100,000 is worth more than this dirt bag. If he is the one who did this, there's no better word for him than that.

Harry Houck, thank you for that we'll keep watching the story for any development as well.

Before that live news conference, we were running a very fluid show. I speaking with Kent Schaffer who's a Houston based attorney, who's been contacted by at least one of the members of Bandidos sitting in that jail in Waco Texas.

And has represented many Bandidos before, he's got a lot of insights after the break, I'm going to carry on that conversation, so come on right back on CNN.

(COMMERCIAL BREAK)

[12:42:29] BANFIELD: So before the break and before that news conference that was live in Washington DC with the Maryland and the police chief I was speaking with Kent Schaffer Houston based attorney who represented members of the Bandidos motorcycle club, in fact for a good three decades or so.

And the question I was asking you before I very rudely interrupted you to go to that news conference Kent was you have talked about anything misrepresented.

But if you talk to any cop or any task force member any ATF member, the Department of Justice, they will they'll knock that down, they will you it is organize crime, it is a group of thugs, it's a drug dealers and in this instance they'll say it's a bunch of murderers.

KENT SCHAFFER, DEFENSE ATTORNEY: You know and that's because of the large part motorcycle clubs are sort of the boogieman in federal law enforcement. They always talk about how they're involved in all these different activities but yet, you never see prosecution.

BANFIELD: Yes you do.

SCHAFFER: In almost 30 years I never seen a human trafficking prosecution of the Bandidos. So I've seen one racketeering prosecution, the result of in dismissals and probations and one got three of four years of prison.

So they'll talk about...

BANFIELD: Wait second there's lots of -- there are a lots of prosecutions. The Quebec biker wars killed a 150 people. Those weren't just...

SCHAFFER: A lot of the Bandidos. Well they...

BANFIELD: We've got information that they were involved the Bandidos were involved. I mean its long way away from Texas to go to Quebec, but they were there.

SCHAFFER: Oh boy where was that?

BANFIELD: Lino (ph) let me get my team on it, I want the specific guys if we can grab on the Quebec biker wars where Bandidos were allegedly involved in those incidents.

But, you know, look you and I can argue to a blue in this case. I get it just because you put on a jacket doesn't necessarily mean that you are criminal but you cannot tell me that it's all Hollywood and that bikers are gentle folk.

SCHAFFER: I will tell you this last year at the end of last year I found a rut challenging the Texas gang statutes. So we had a hearing on the rut. And we presented evidence that showed in the last five years in Houston Texas from our -- they have the majority of the Bandidos that there were more Houston police officers, prosecuted for felonies than there were Bandidos.

BANFIELD: So the founder of the club itself.

SCHAFFER: So the 50 percent of the Bandido club does not have felony convictions.

BANFIELD: The founder of the club itself was convicted of murder.

SCHAFFER: In 1960 something.

BANFIELD: You said there was never conviction for this, and the founder of the club was actually convicted of murder...

SCHAFFER: I never said there was a conviction for murder I said federal prosecutions.

BANFIELD: OK...

SCHAFFER: Look at the federal prosecutions over the years of the Bandidos. It's very few.

BANFIELD: You know, I guess when I -- I'm saying what I'm saying Kent is that when we're talking about a criminal element or brushing people with the same stroke, are people so wrong? Maybe it wasn't a federal crime. But a state crime can be just as ugly and carry death penalty as a federal crime.

[12:45:12] If you want to talk semantics about what kinds of crimes and what jurisdictions prosecuted them, we can do that. But crime is crime, and there are plenty of them to go around among Bandidos and another several groups of the one percenters. And one percenters themselves that third patch on their back, it should might have be the fourth patch, is that there -- the one percent the worst of the worst, they actually love that monicker.

SCHAFFER: You know, they love the stigma and the image they created of being independent and free spirited. And yes, some of them are scary looking guys. But there were so many Bandidos that I know of personally here in the Houston area, throughout Dallas, San Antonio, guys that are professional engineers. One of them is paramedic with the Houston Fire Department.

These are people that have never been arrested for a felony or charge with any sort of crime. And yet because they joined an organization, where a lot of the members do have criminal records, now they become criminal themselves. That's not the way it's supposed to work and there should be a freedom to associate. Just because somebody joins some Bandidos, that's just not make them a criminal.

BANFIELD: So can I ask you one question? And here, I'm on your side. Because I believe if you're going to throw 170 guys in a jail cell and charge them all with the same crime, it's a little (doodle) across this for me.

You got a lot of guys in (may lay) of fog of war, and I'm going to say it, they're all looking alike. They're dress in alike. I saw a guy in a leader jacket with some patches and some tattoos and a goatee.

I mean, you got a lot of guys that look alike running and there was a frenzy of bullets, people hiding. How good in the witness testimony be? And I'm going to say how good can the surveillance video even be when, again, lot of those guys look alike? And just because you were in the jacket then that mean you're a killer.

SCHAFFER: It's going to be extremely difficult for the state. And it's going to become more difficult if it turns out that all or most of the individuals that were shot were shot by police as supposed by other gang or club members.

And that, you know, I think they're going to have a hard time getting people that are going to testify in this case is the individual acts of anyone defendant.

But I do think that because there were so many police officers present outside before the problems began that there will be officers who can identify what individuals did down in the parking lot, the problem is there's a lot of the individuals that have weapons were shot.

BANFIELD: Yeah.

SCHAFFER: And so, they're going to be a lot of guys prosecuted who weren't sitting there with a gun on their hand either on surveillance tape...

BANFIELD: Amazing though.

SCHAFFER: ...seen by the police.

BANFIELD: You have enough years in this business. It's amazing how defendant can be. They may have, you know, brotherly blood that runs thick. But when you're staring down the barrel of a capital murder charge, you can carry with it, death penalty in Texas that could change.

These are really serious. The conspiracy issues alone can make it just extraordinary for a lot of those folks.

Will you stay with us and keep us posted on that client that you're looking to sign up and how the case is going?

SCHAFFER: Absolutely.

BANFIELD: Say hello to my friends in Houston. Kent Schaffer, thanks for joining with us.

SCHAFFER: I'll do that.

BANFIELD: All right. Coming up next, I'll took out to California took that live shot, where (inaudible) have been watching all those workers cleaning up how (ph) this is just an awful job. So who's responsible? That's a big one. The California oil spill was it an accident waiting to happen? What is the pipeline companies' safety record like (inaudible) at a bit. Here's another one a great -- I'm going to tell you exactly what it was like. We're going to talk liability in a moment.

(COMMERCIAL BREAK)

[12:52:12] BANFIELD: The oil spill in California is shining a white hot spotlight on a company that's responsible for the ruptured pipeline. It's called Plains All American Pipeline, a large Texas- based company that operate pipelines throughout the country and has a bit of checkered safety record, I'll be honest

In 2010, the Justice Department fined the company $40 million for 10 oil spills over a three-year span between '04 and '07.

The L.A. Times Newspaper report the Plains All American Pipeline has accumulated 175 safety and maintenance infractions since just 2006. And that, if you're wondering if it's relative thing, yeah. Well, it's more than three times the national average.

So joining me now to talk about the legal followups potential for it (ph) from this environmental disaster, CNN Legal Analyst Danny Cevallos and Criminal Defense Attorney Midwin Charles.

I always like to say everybody gets the presumption of innocence. But when you got the checkered safety record, do your prior bad acts in this kind of a circumstance play into what might have happened in this instance, Danny?

DANNY CEVALLOS, CNN LEGAL ANALYST: Here's one way they could. Under a theory, what's called negligence per se. Now certainly, these guys could be sued for negligence, which is the breach of a legal duty, a duty not to let your oil go over the place.

But in negligence per se, when you violate statutes or laws or regulations, and those regulations are designed to protect against exactly this kind of activity, then you can plead that in your complaint and it makes it easier to prove it, sort of an automatic assumption of negligence. It makes it much easier for plaintiffs to win.

So, when you ask do these violations of any state or federal laws, leading up to this incident, do they matter? Sure, they do. Because they show that they may have been not only aware of what they're doing beforehand but that -- this may be negligence per se situation, where negligence is all but established.

BANFIELD: OK. So I always think that's the BP, which was the largest oil spill and there was just so much litigation afterward even on the criminal side, 11 people died...

MIDWIN CHARLES, CRIMINAL DEFENSE ATTORNEY: Exactly

BANFIELD: ...in that circumstance. Do that set a precedent and does it set a pattern by which attorneys can jump on and say, "Look, this was a pretty simple road to follow," if we want to figure out what to do and claim damages in this case?

CHARLES: I think it does. You know, lawyers are always looking for that case that provides the blueprint, right? How are we going to adjudicate this case? How are we going to file lawsuits?

So I think that the deep water horizon case, the BP oil spill, is one that sort of sets the record or sets the standard for how attorneys representing plaintiffs are going to go forward in suing. Is it reckless conduct? Is it gross negligence?

Now, with the Plains company, you're talking about a company that reported $43 billion of revenue in 2014, $878 million in pure profit. So how was it that a company that clearly has the money is having all of these problems with maintaining their 18,000 miles of pipeline?

[12:55:05] BANFIELD: Yeah. Is it ever a case -- it is, and that's a lot of money we're talking. Was it ever a case of accidents will happen? Or Danny is it a case that, yeah, sure, accidents will happen and you might not have a negligent in this particular accident. But that mess is not our fault, it's your fault and you need to pay. And ultimately, that's just a case of settling or is that a case of suing? CEVALLOS: Well, there are common law theories in negligence that we talked about. But there is also federal law that addresses exactly this issue. And in the federal law, the oil pollution acts in the similar state laws, all essentially take the fundamental view that if you're an oil company and you're in the business of making a lot of money from oil, then you have a duty to use very reasonable care in transporting that oil too and throw.

And if you don't, and it spills, then you can be liable, not only under federal law, but understate theories of things like negligence and other gross negligence, what have you.

BANFIELD: Thank you for that. And I was somewhat negligent early in this newscast tonight.

You know, did you hear me saying that that video was remarkable when I was talking about Waco? I hadn't seen this. It looks like a crazy scene with police directing...

CEVALLOS: Sure.

BANFIELD: Well, it turns out -- there is a reason I haven't seen it before. We made a mistake, so I want to make a correction right here. The video that we were actually rolling was a video of arrest in Baltimore, that's why I was so shock when I looked at the pictures ends up, wow, I hadn't seen that before. Unfortunately and sometimes get tape mixed up.

So, whoever was depicted in those tapes was absolutely nowhere near Waco, it was arrest in Baltimore. But you can imagine that the scene in Waco was probably pretty frenetic. We don't have the video of what happened during that shootout. We have a lot of aftereffect, very important stuff.

Hey, thanks for watching everyone. It's been nice to have you with me today. Please stay tuned. After this break, Wolf is going to take over.

(COMMERCIAL BREAK)