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Legal View with Ashleigh Banfield

Justice Department Says Cleveland Practices Unconstitutional Policing; 20-Year-Old Texas Male Charged With Conspiracy To Provide Support To ISIS; DOJ Taking A Closer Look At Baltimore Police Department's Tactics; Two Women Suing NYC And Rikers Corrections Officer With Claims Of Repeated Rape

Aired May 26, 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: Any time now, police in Cleveland are going to be the latest to come under formal wide ranging civil rights reforms are that mandated by the Justice Department and then overseen by a Federal Court and its officers.

Something that officially and technically called a consent decree is basically something that will cap a two-year federal investigation following the shooting death of two unarmed African-Americans for which a white Cleveland Police Officer was put on trial for manslaughter and just last weekend was acquitted. That was not a jury trial it was a bench trial but nonetheless the acquittal. And there are the pictures of the emotion in that courtroom as that verdict read.

So take a look at the graphic on your screen. Cleveland joins among other cities Seattle, Newark, Albuquerque, Ferguson Missouri and New Orleans in having been found by the federal government to be practicing unconstitutional policing.

My CNN colleague Nick Valencia is live on the ground right now, where one day after the Memorial Day weekend ended. And I can already see people have come out on the street behind you. Are they protesting the verdict? Are they talking at length about what the DOJ has in store for that police department is there something more to it?

NICK VALENCIA, CNN CORRESPONDENT: Well they describe the pattern of excessive force and police brutality in this city, this rally that you're seeing here is a coalition of clergy Ashleigh who have decided to march through the streets.

Probably the biggest demonstration that we've seen in a handful of days we've been here. The second biggest was on Saturday where 71 people were arrested by enlarged for not dispersing according to police.

This rally here by in large peaceful accompanied by a police escort. But really the news of the day is what you mentioned earlier the Department of Justice and the city of police says, if Cleveland Police Department coming to an agreement they agreed on this late last year when Eric Holder was still the attorney general that they're needed to be changes implemented in the city's police force.

I just spoke to Steve Loomis who is the Cleveland Police Union representative, he was in that meeting along with a handful of other community stakeholders. He won't go into the details Ashleigh of exactly what was discussed during that meeting but he did say that the fundamentals were laid out by the Department of Justice.

We are learning now that at 1:30 the local division of the Department of Justice here in Cleveland will hold a press conference where we may hear more about those details that are going to be implemented in the police force, Ashleigh.

BANFIELD: So Nick, I'm not sure how much of the specifics you can tell me. But what are the feds effectively say about Cleveland policing that lead to this upcoming consent decree and oversight where the feds will basically play watchdog over the Cleveland police to make sure there are no civil right violations. What are the feds say Cleveland was doing wrong?

VALENCIA: Well if we take it by what's happened in past instances with police forces that you mentioned independent investigator will come in, court supervised, to see that those implementations are taking effect, in the police force.

We wish we could tell you the details the fact is that we don't know. And I'm not quite sure that the Police Union knows either.

When I spoke to the president of Police Union, he was either unwilling or really uncertain. He did say that he has no, animosity against the police force that he hopes that the document that will be receiving later at a later time was written in the best interest of the city of Cleveland its police department.

[12:35:12] One interesting point though Ashleigh, I asked him about the case of Officer Michael Brelo, who of course was acquitted to voluntary manslaughter charges in the 2012 fatal shooting. I asked him if he is going to fight for Brelo's job, he said "Absolutely."

And he says if there -- the punishment does not fit the crime or its influence by a small group of very vocal demonstrators here that they're willing to fight that as well, Ashleigh.

BANFIELD: If Michael Brelo in hiding, is there any concern for his safety? What's the status of Brelo and his family?

VALENCIA: According to the Police Union he is no longer in Cleveland. He -- they call it is taking a vacation right now and that's a language that they use, saying that he's no longer here. But we don't know specifically his whereabouts or what's happening.

We should mention that there is still is an independent investigation that is a plan to and expected to take place to investigate the actions of those police officers involved in the 2012 shooting of Timothy Russell and Malissa Williams.

We don't have time to able or timeline on when that will completed. But for now Michael Brelo were told by the Police Union is not in Cleveland, Ashleigh.

BANFIELD: OK Nick Valencia, doing the job for us on the ground. Keep us posted to what's happening behind you. And let us know if things change and certainly they seem a very in control and very peaceful. But keep an eye on it if you would.

Thank you, Nick Valencia. And we're going to be covering that news conference, that press conference to the City of Cleveland Department of Justice that's coming up in about an hour.

And we'll back right after this.

(COMMERCIAL BREAK)

[12:40:23] BANFIELD: So, we've been bringing you a lot of breaking news today, a lot of it out of Texas because of flooding. But I have another story out of Texas and it has nothing to do with the weather. This has to do with ISIS, and an arrest that's been made by the federal government of yet another young person who's been charged with providing material support to support ISIS.

This is apparently 20-year old young Texas man named Asher Abid Khan. The allegation here is that Khan and a friend made plans to travel to Syria as is. Usually, the plan is via Turkey. But here's what's fascinating. The alleged plan according to the compliant is that they wanted to fight along side ISIS.

The Khan family got involved here. And somehow was able to get him some false information about the health of his mother basically set him alive that his mom was doing well and Khan allegedly, according to complaint, turn right back around and came right back to Texas into the waiting arms of the Department of Justice.

And now, young Mr. Khan is facing very serious charges of conspiring to provide material support to ISIS.

We're told that he's going to be appearing for U.S. magistrate today. We're going to keep you posted on that one. And if the complaint yields anymore incredible information like that, we'll let you know about it.

Flipping to another story as well. Earlier, we were talking about local police under federal supervision. And Baltimore might just join that list I showed you earlier. We were talking Cleveland. But in Baltimore, in the aftermath of the Freddie Gray arrest, which led to grave death and to felony charges against six Baltimore police officers, that city, the mayor, in particular, made a request for a pattern and practice investigation of the Baltimore P.D. basically asking the Department of Justice to oblige, take a look, see if everything is on the up and up with the police department, and that's happening.

In the meantime, while they look, something else is going on. It is in a very rough month. Look at the statistics on your screen. In the city of Baltimore, 35 homicides in just the month of May and that is the most for any month in that city since 1999. CNN's Suzanne Malveaux is standing by live. And I think a lot of people, right away, Suzanne, jump to a conclusion rightly or wrongly. Are the police pulling back because of the scrutiny and fear that they may be the next person to be charge with excessive force and they're just backing off and saying, "You know what, deal with it yourself," I mean, that what a lot of people wonder. Is that what people are saying there?

SUZANNE MALVEAUX, CNN NATIONAL CORRESPONDENT: You know, Ashleigh, that's very -- a very good question because I've talked to a lot of people in part of that protest, and it is very measured because what they do say is they believed that they're not seeing the kind of police presence that they had before in their neighborhoods.

And there have been some police officers who anonymously have actually admitted and acknowledge that they believed they don't have the support of the police commissioner and the leadership of the police, so they're doing soft policing, they're backing up, they're responding the 911 calls, but they are not making that extra effort to be present in the community. So that is something that people have definitely talked about.

But they also are acknowledging, too, that there are bad apples in the community and they are taking advantage of what is happening here, which could be somewhat of a vacuum in their communities. I mean this is a place where -- just over night, there was another shooting, a male who had a bullet grazed by his head, a nine year old who was shot in the leg.

So, earlier this morning I talked to these protesters, who went from corner to corner, intersection to intersection through rush hour, trying to disrupt things, to bring attention to what is happening here in the community. And I asked them what do they think is going on. Here's how they responded.

(BEGIN VIDEO CLIP)

MALACKA REED, MOTIVATIONAL SPEAKER: I don't think the police are doing their jobs. But I do not think that it's all of the police. We do have some police officers that are doing their jobs, I know them personally. They are doing their jobs. But what I say is the majority of them, no, it isn't. So, it's just small amount.

CHRIS JOSEPH, BALTIMORE RESIDENT: I often say that we don't protest when we hurt each other. And I saw the opportunity to come out here because I was very -- I was hurt about, you know, the shootings in my city, you know, 26 shootings in a weekend. And I live in this small -- the city is small, so it's happening close to me.

(END VIDEO CLIP)

MALVEAUX: Ashleigh, you were just listening to Chris Joseph. He's 26 years old. He has a 2-year old son. He said it was very important for him to come out and be a part of that protest because he wants people to know he really does care and he cares about the fact that there are a lot of young men allegedly who are shooting each other in his own community, and then that is also a very, very big problem.

[12:45:07] The other thing, Ashleigh, that they were protesting is the fact that the governor, Governor Hogan, supported and has approved $30 million project to build a new juvenile detention facility while they are facing cuts now, $11 million in cuts for Baltimore public schools.

Now, the governor's office has responded saying that the reason why they have to build that facility is because a lot of the juveniles are in adult facilities now. They have no access to education and proper care, and they are, quite frankly, with much older people and in a dangerous situation. So they are ear marketing that money for that juvenile facility.

But people in this community say that's really sends a bad sign, a bad signal here, to people who lived here, who say we need this money for school projects, for summer school. School is going to be getting out very soon. We don't need more money to be put into the penile, the criminal system, Ashleigh.

BANFIELD: I wish I can apply on the wall in that mayor's meeting with police commissioner on Sunday, to see what the two of them were talking which regards to this.

Suzanne, thank you. It's nice to see you. Suzanne Malveaux reporting live for us in Baltimore.

I am juggling a lot of breaking stories here, folks. I'm going to have updates for you in a lot of them, coming up.

(COMMERCIAL BREAK)

BANFIELD: New York's Rikers Island is one of the world's largest correctional institutions, housing up to 15,000 inmates in 10 different jails. And according to a brand new federal lawsuit, it is also a place that breeda, "a culture of systematic rape." That's the allegation.

[12:50:01] Two women are suing the city of New York and they are also suing a corrections officer, named Benny Santiago, claiming that he raped them, and not just once, repeatedly.

Their lawsuit claims that eight corrections officers at the all female Rose M. Singer Center, that's located in that complex, raped or sexually abused female inmates and that the city, city of New York, enable this, "Culture of complacency," and thereby consented to the abuse.

A spokesman for Department of Correction in New York here says the office does not comment on pending litigation but did say this, "Department of Corrections has a zero tolerance policy with regard to sexual abuse and assault, and there is no place at the DOC, Department of Corrections, for the mistreatment of any inmate."

A spokesperson, for the New York City law department, says the allegations will be reviewed once the city is served with the lawsuit. And CNN could not find Mr. Santiago to get a comment from him, and the City of Corrections Officers Union isn't answering our question, either.

Mr. Santiago, we do know is currently on modified duty. That's basically a position where he does not interact with inmate.

So a lot of questions about this, and the man to answer them, William Gibney. He's an attorney for Legal Aid Society, the group representing the two women.

Bill, thanks for coming in to talk about this.

These are really serious allegations. What evidence do you have to back up this up?

WILLIAM GIBNEY, ATTORNEY, LEGAL AID SOCIETY: Well, there's a lot of evidence out there. But certainly have the statements of the two plaintiffs that we are representing. We also, though, the plaintiff of who is at the second of the women in the litigation actually gave physical evidence to the Department of Investigation at Rikers Island in an attempt to prove the fact that the rapes had been going.

BANFIELD: In a way of medical, clinical exam?

GIBNEY: And she was examined. I don't know the results of that. They have not yet shared the results of that examination with us. But she also gave a pair of jeans to the Department of Investigation that had semen on them from Mr. Santiago.

So there was clear physical evidence that the rape had occurred and the sexual abuse had occurred.

BANFIELD: And just to be clear, if sex is consensual in that environment, it's still not considered?

GIBNEY: There's no such thing as --

BANFIELD: Consensual.

GIBNEY: -- consensual sex between a prisoner and a guard. New York law declares that inmates, like people underage, are incapable of giving consent. It's -- by its very definition right there.

BANFIELD: There's an allegation here that one of these women, who are unnamed, named though Jane Doe number one and number two --

GIBNEY: That's right.

BANFIELD: -- in the allegation, there is an allegation here that one of them became pregnant.

GIBNEY: Not one of our two named plaintiffs. But in the complaint are series of seven other allegations regarding other guards. And there was at least one other pregnancy that may be more among those seven -- BANFIELD: So the alleged inmate who became pregnant is not suing?

GIBNEY: It's not one of the names. That's right.

BANFIELD: Is she willing to provide evidence in your case? Is she a witness?

GIBNEY: Yes. Yes.

BANFIELD: What happened to the pregnancy?

GIBNEY: We have -- actually, there's several possible ones, one of them end-up in miscarriage with --

BANFIELD: And is there any DNA testing that was done before, effectively, there's no longer a pregnancy to use as evidence?

GIBNEY: I don't know the results of the investigation in that case. But we do know that the woman was very upset about the events that happened --

BANFIELD: And she's willing to testify in any case that may arrive?

GIBNEY: She's going to provide evidence, yes.

BANFIELD: If the case arises.

GIBNEY: Yes.

BANFIELD: So a question for you.

GIBNEY: -- all the pressure. It's not all where the women who talked to were willing to come forward publically.

BANFIELD: Are they still in prison or in jail?

GIBNEY: One of the name plaintiffs is actually still at Rikers Island.

BANFIELD: One of them. So the others -- and I think there are eight others, correct?

GIBNEY: Yes. Not named plaintiffs. Two named plaintiffs.

BANFIELD: Two plaintiffs.

GIBNEY: -- and other women --

BANFIELD: And -- Excuse me. And seven other women and eight corrections officers, but only one is named. Why is that?

GIBNEY: The two women who are named plaintiffs were raped by Benny Santiago.

BANFIELD: Allegedly.

GIBNEY: That is why he was the name plaintiff -- the main (ph) defendant in this.

BANFIELD: But the other officers -- I mean the allegation here is that there were sexual abuse and rape. I mean these are very serious --

GIBNEY: That's right.

BANFIELD: -- allegations, and yet they're not -- the names of those other officers --

GIBNEY: We have evidence to back up those allegations.

BANFIELD: But why not name the other officers?

GIBNEY: We opted not too, because they -- the women we're not willing to come forward and be named plaintiffs in this litigation. They are willing to support and provide evidence. They didn't want to be named plaintiffs.

BANFIELD: How did this happen? I mean, you know, I think a lot of people watched dramatic television and see, you know, the scripted, you know, impossibilities. But what are you alleging actually happened because there are cameras everywhere in jails and prisons, there are witness everywhere, there's no privacy in these places, how did these things happen?

[12:55:02] GIBNEY: Exactly. There's no privacy here, either. It's not true that there are cameras everywhere. The place is where the guards tend to take the prisoners are places where -- that are not covered by cameras, so you see the incidence occurring in storage rooms, or wash basin areas, areas that are not covered by a camera.

But we alleged that this is a culture of rape. It starts with the inadequate screening of the guards when they are hired. So things like, "Have you ever been convicted of domestic violence?" is not being screened for among the guard population. "Do you have any presently preexisting relationships with prisoners, not being screened for?" And it goes through the entire process of the investigation.

This, as you said, this is a small community. Everyone must have known about it. Nobody reported it. But DOC says that they had a zero tolerance policy. How does this go on for years?

BANFIELD: Downside.

GIBNEY: And nobody reports it in a small environment -- enclosed environment, like Rose M. Singer.

BANFIELD: If the allegations are true. I mean, it really sounds like epicenter of oranges. The new black it's a pretty remarkable series of allegations.

We'll continue to follow. We'll watch what happens. And I hope you'll come back and talk to us about whatever resolutions comes to this.

GIBNEY: Thank you, Ashleigh. I really appreciate the interest in the story.

BANFIELD: Bill Gibney, nice to meet you and nice to talk to you. Thank you. I appreciate it.

We're back right after this break.

(COMMERCIAL BREAK)

BANFIELD: Some final pictures as we wrap up the program live from KPRC Houston of the incredible flooding there in Houston.

[13:00:05] The president, just during this hour, promising help for the people of Houston.

My colleague, Wolf Blitzer, is going to continue the story right now.