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Legal View with Ashleigh Banfield

Watching the FIFA President Election; Flooding in Texas and Oklahoma Detailed; Latest on the James Holmes Murder Trial; Protest Planned Outside Phoeniz Mosque. Aired 12:30-1p ET

Aired May 29, 2015 - 12:30   ET

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

[12:30:11] ASHLEIGH BANFIELD, CNN HOST: Couple things I want to do: We're going to flesh this out a little bit more, we're going to take Rene's reporting and find out what this means for the pilots who are actually flying up there and get that hit.

We're also watching a vote that's in progress right now. And it is the FIFA vote. I know you've probably been watching as this corruption scandal has developed in the arrest went down this week and they are voting for the new president.

They're dumping out the ballots right now and we're wondering if the current president, Sepp Blatter is going to prevail and take yet an additional term for if his challenger instead will prevail, Prince Ali Bin al-Hussein of Jordan. He's 39 years old, Sepp Blatter 79 years old, 17 year career as the president of FIFA.

But this week has been probably his worst, he himself has not been charged and no one is suggesting at this point that they're going to even interrogate him. But a lot of people are pointed to him because so many of this top deputies were in fact arrested and considered to be part of this remarkable multi, multi million dollar scandal.

This vote started about 9:40 about three hours ago, 9:40 Eastern Time this morning. 209 delegates were called in an alphabetical order by country. And they started their vote secretly.

We expected that it would take about 40 to 60 minutes or so for them to do the vote. But the tallies and the announcements are supposed to be coming down at any moment, right now.

So pretty intriguing, people had thought that Sepp Blatter would be a shoe in for his fifth term, you know, right now it's finishing up his forth, people have figured the fifth was a no brainer for this man. But this week may have changed a lot of that.

At the same time as we're watching the results of this vote in Zurich. We're also watching some incredible pictures from KPRC in Houston of water that's being released from a dam.

This is just astounding. It is very rare that you see this kind of picture but the amount of water that has been falling and gathering and overflowing banks all throughout Texas and in Houston has lead to this. The opening up of the fidget (ph) so to speak, releasing the amounts of water above it, what this will mean downstream obviously remains to be seen. But it's all they can do at this point in Houston Texas as we deal with what has become an extraordinarily deadly story. Not only just in Texas but in Oklahoma and in Mexico as well.

37 people are dead as the result of the unbelievable weather pattern that have swept through the Southern United States and Northern Mexico. 37 people there and in Texas it's the highest toll. This state is not releasing this water, is dealing with 17 people dead and they're still trying to find nine people who are missing, seven of those people missing went missing the same vacation home that is an incredible photograph as that helicopter pilot mans that camera and zooms out to show the remarkable amounts of water below.

And look, down below it's not a whole lot better, the banks are still in below that dam as well.

I'm going to try to get some of the factoids on that dam. And how much of that is actually controlled and how much of that is desperation and how much of it may just be overflowing. It's hard for me to tell as a lay person looking at this, but that just astounding picture from KPRC in Houston.

I'm going to take a quick break, we're going to watch that vote in Zurich and see if Sepp Blatter in fact remains as the president of FIFA and made this massive corruption scandal or if they'll be new leadership. And what that will mean for the most popular sport in the world.

(COMMERCIAL BREAK)

[12:37:33] BANFIELD: Continuing with breaking news, I have two stories that I want to bring you up to date on there happening as we speak on the left hand side of your screen, pictures in the metro area of Houston Texas courtesy of our affiliates KPRC, the flooding spans the entire state.

There are warnings and threats all throughout Texas right now. And this is why remarkable amounts of water, rivers becoming lakes, lakes becoming communities. It's just an astounding shot that we're following in Houston.

And on the right hand side of your screen Zurich Switzerland where right now they are tabulating the votes on who will take over as president or who will remain as president of the worldwide federation that governs soccer.

It is a big story because soccer made it to top headline this week, because of the scandal.

On the left hand side of your screen that are the two people who are in contention for this vote. Sepp Blatter, four times he has been in that chair for 17 years he has been the head of FIFA the governing body. But there's been a challenge, his royal highness Prince Ali Bin al-Hussein of Jordan, 39 years old vying for the spot instead. He was the FIFA vice president for Asia so his got a handle on the job. And he certainly wants to change things out.

There are a lot of people who want to change things out. The Americans for one said they would not vote for Sepp Blatter after this remarkable controversy scandal erupting arrest being conducted, actually at this congress at an upscale hotel.

The police swopped in and arrested a number of people because of corruption. And the alligations come from the United States. And the attorney general herself said this won't stand. When the Americans get involved and make big dollar bids for the games, for the soccer needed for world soccer and lose their bids. And then we find out there's been graft going on, alligations of graft.

The Americans came in, the indictments were announced and this is the result, an election just a few days later, will the President Sepp Blatter maintain leadership of FIFA, 17 years will he be unseated, we're going to get you up to see in just a moment just as soon as we get that vote.

Meantime a lot of breaking news, we've been watching the trial of James Holmes in Colorado. He said he has regrets believe it or not.

[12:40:01] I'm going to take you live now, this is our live picture inside the courtroom in Centennial Colorado. James is the person on the left hand side of your screen with the glasses and the white shirt sitting slightly back from the rest of counsel that is sitting at defense table.

It's been a pretty robust argument going back and forth in that courtroom.

He said he has regrets about shooting and killing 12 people in the crowded Colorado movie theater. Regrets.

Jurors, in Holmes murder trial, are watching him like a Hulk.

And he describes his thoughts feelings. As the debate rages over whether he was legally insane or not at the time he killed all those people and injured so many more.

In the 2014 video that they're watching, he's being interviewed by a psychiatrist. And the psychiatrist asked James Holmes about his parent's emotions during their visit and then they asked about his feelings. And have a listen to what he said.

(BEGIN VIDEO CLIP)

REID: Is what brings tear to your eyes sometimes?

HOLMES: Just regrets.

REID: Regrets. Can you tell me a little more?

HOLMES: Usually, it's before I go to sleep.

REID: Regrets about? HOLMES: About the shooting.

(END VIDEO CLIP)

BANFIELD: About the shootings.

Joining me to talk about how this video another aspect of the trial might just impact what the jury decides, CNN's Legal Analyst, Paul Callan, and HLN Legal Analyst, Joey Jackson.

I am always astounded and amazed when we get to hear a defendant voice in court because so often they will not take the stand and the questions live. But when you have tapes like this, how much of an impact does someone who seems somewhat catatonic have, especially when the question, Joey Jackson, is about insanity?

JOEY JACKSON, HLN LEGAL ANALYST: I think it has an enormous impact, Ashleigh. Make no mistake about it. And you're right on queue.

You know, generally, the defense attorney may advice their client not to testify for a variety of reasons. This is testimony, and this is testimony being provided to that jury. Now, obviously, it's not the type of testimony when he is on the witness stand, but it's even more telling than that, because his in a room and then a psychologist just asking him questions.

So I would be asking, if I'm a juror, does he seem rational, does he seem lucid, does he seem responsive, does he know the question post, and does he giving a rational explanation as to what that question is.

And so clearly there he appears to be quite sane.

Now keep in mind, Ashleigh, that the question is -- the ultimate question, we're you sane at the time you engaged in this activity, and that's what the defenses, for sure, going to remind the jury of.

BANFIELD: So there's the issue, Paul Callan, because at the time can mean in the 20 minutes or 30 minutes or two hours that a crime might take place. You can be in that moment legally insane. And then, all of a sudden, not anymore. How do you determine, with people who do these interviews, before or after the actual act itself, how can you determine how that applies to the act?

PAUL CALLAN, CNN LEGAL ANALYST: Well you know, Ashleigh, well, what you're saying is absolutely true. You could be insane at the time and then have rational lucid moments at other times. I don't think that's the way the jury sees it.

And I'm watching that video, which, and I agree completely with Joey, this is the functional equivalent of having him on the witness stand in front of the jury. And you know what? He not only sounds rational insane, but he's apologizing for the act. Well, that means he indicates...

BANFIELD: Let's walk that back a little bit.

CALLAN: Well, that means he indicates...

BANFIELD: I don't know that there's any apology. Sure, I have some regrets on this catatonic way. It's like pulling teeth to get...

CALLAN: But what I'm saying is this, OK? It indicates he's sane. He knows what he's doing. He's trying to get a break from the jury by expressing regret. He doesn't look like a raving lunatic. I mean that's going to backfire against him and prove that he's sane.

BANFIELD: So, look, if you have regrets after you went into your episode...

JACKSON: Right.

BANFIELD: ... Joey, can't you have regrets? I'm sure that Andrea Yates has incredible regrets about killing her five children, but she was acquitted by reason of insanity.

JACKSON: Right. You know, what's a real big point of interest in Holmes trail a lot of cases like this as of I, you have a battle of the experts.

Remember here that you had independent experts appointed by the court, who evaluated him and said, "You know what? He's sane." And this particular expert who is testifying and asking him questions interviewed him for 22 hours, Ashleigh, "Prepare for that interview for 300 hours," and came to the conclusion that he's sane. Another expert that the prosecution will proper also says he's sane. Guess, what the defense expert is going to say both experts when testify that he was insane.

And so you have two professors in the courtroom, really, saying two different things both compelling. The battle of the experts.

BANFIELD: The battle of the doctors. And I always get so frustrated when you're at the battle of doctors and you have lay people who were supposed to be the, you know, arbiters to all of this. And they don't have as many degrees as those guys do. It's a very tough thing that we...

JACKSON: Will you believe?

[12:45:01] BANFIELD: Yeah. But the burden on a jury is so immense and they are so important. And we just always have to remember how critical that job is.

CALLAN: And, we hope they bring their ordinary common sense to the table, which they do, even in these insanity cases.

JACKSON: Yeah.

BANFIELD: Their reasonable common sense, OK.

Paul and Joey thank you for that. We're still watching a lot of this breaking news.

The flooding in Houston and in Dallas, it's just been incredible down there. And the pictures just tell the story.

That is not what Houston normally looks like. That's not just some river running by. Those are swollen banks. Those are communities underwater. Those are houses that have been washed away. Those are lifestyles that have come to a grinding halt because people just can't get to where they need to go. And people may still be looking for missing loved ones.

The entire state of Texas is coping with this right now. Millions and millions of people coping with too much water and the crisis that doesn't seem to want to end right from the north all the way down to the south. Look at that, unbelievable. We're continuing to watch that.

We're also watching another story. Another draw Mohammed contest, and these ones right outside in Islamic community center. Oh, and this time bikers are invited and people are being encourage to bring their guns. What could possibly go wrong?

(COMMERCIAL BREAK)

[12:50:00] BANFIELD: Still following breaking news. I'm going to show you this incredible picture that's just coming in to us. KPRC, I don't know who that man is, but presumably he is in his backyard and he has just lost a massive chunk of that yard, as the helicopters zooms out quietly and he starts to walk over to some other damage behind that house.

That is the new river bank, behind that home, that is what the power of the water did to that mans yard presumably it's his yard

The bank used to be a lot further and I hope that chop continues to zoom out because you will get a perspective shortly of where the water -- I guess that one time was and how high it went and the damage that it brought and the land that it stole.

Make no mistake it just stole a land right here for that man and whomever lives in that house. But it has stolen entire homes, it has taken families, it's taken livelihoods and there is no end to this yet, this is not over.

The warnings and watches continue, the threats continue all throughout Texas, from the north part of the Texas over to the Oklahoma border and over to Arkansas and all the way to Kansas, all the way down to South Texas as well.

I just wonder what that man is thinking of his surveys, what has happened, in just such a short amount of time Houston was just flashed with these floods, just a remarkable image coming from KPRC.

Another story we're watching I have promised you, as soon as the tally comes, you will hear it from us live from Zurich Switzerland.

This is the vote everyone's been waiting for, the International Soccer Federation, better known as FIFA, is choosing it's president, will they choose the 79 year old man named Sepp Blatter, who has held that position for 17 years and wants a 5th term, or will they turn it over, will the voters and the candidates who are voting turn it over to Prince Ali Bin al-Hussein of Jordan, 39 years old he is been running FIFA in the Asian districts for some time.

And there are many folks who are none to pleased with what happen this week in the corruption scandal, the arrest and the alligations of mass graft in the millions throughout FIFA the soccer governing body. The alligations that potentially, soccer bids have been lost, because of corruption.

We're going to bring you that vote, find out if Sepp Blatter who is not charged gets to keep his presidential feet.

In the United States, freedom of speech allows you to say pretty much what ever you want. But just incase you can, it doesn't mean you should.

Doesn't always mean it's a good idea, for example, how about holding a draw Mohammed contest, just weeks after the last one, was attacked by gun man. And this time the contest is scheduled to be held outside of an Islamic community center in Phoenix, and people are being encourage to bring their gun to this protest

Arizona's governor and the Phoenix police chief spoke out as to how the city is bracing for this potential powder cake.

(BEGIN VIDEO CLIP)

CHIEF JOE YAHMER, PHOENIX POLICE: There's a lot of things and works, the size of the crowd, the intelligence, as far as relating to crowd is changing all the time.

We're working hard with our federal partners in, and other city departments to make sure we have enough officers and enough broke closures and those types of things. So concerned, I think it's going to be traffic nightmare amongst other things.

GOV. DOUG DOCEY, (R), ARIZONA: Of course I'm a believer in free speech and the first commandment. I also am a believer in good judgment and common sense.

(END VIDEO CLIP)

BANFIELD: We'll, to that the organizer of drawing contest is a former marine and his name is Jon Ritzheimer and he went on T.V. last night with our own Anderson Cooper, take a look.

(BEGIN VIDEO CLIP)

JON RITZHEIMER, DRAW MOHAMMED PROTEST ORGANIZATION: I think the whole thing is -- the cartoon contest specially, I think it's stupid and ridiculous. But it's what needs to take place in order to expose the true colors of Islam, true Islam is terrorism. Yes, the ones that are out committing this atrocities and stuffs, they're following the book as it's written.

(END VIDEO CLIP)

BANFIELD: True Islam is terrorism, that's his comment, here to talk about this, Dean Obeidallah is who's the columnist for The Daily Beast, his the host the Dean Obeidallah show on series XM radio his also very funny comedian and a lawyer. You have a lot of that.

DEAN OBEIDALLAH, COLUMNIST, THE DAILY BEAST: A lot of things, I'm busy.

BANFIELD: and the hat, I'm going to ask you about today, is all of those plus the fact they are Muslim. He said, this needs to take place.

OBEIDALLAH: Right.

BANFIELD: Because of what's been going on all over the world, people are under assault for drawing cartoons, people are being murdered for drawing cartoon.

He's angry he wants his voice heard. I know that people say it's misplaced, but is there a better way?

OBEIDALLAH: Is there a better way, that's his choice. You have every right to draw a cartoons of the prophet Mohammed. I defended it last time, I defended it with Charlie Hebdo. There's no response that justifies violence, if you're upset by it, if you're offended by it, just like anything else you'd say, I'm offended by this, right a letter to the editor.

Let's be honest American Muslims careless about the drawings of the Prophet Mohammed.

[12:55:01] What we're concern about is, this man invited people to come with guns, hundreds people, they stand outside the mosque and priest (ph). Don't forget Jon Ritzheimer, two weeks did the same protest on a Sunday, and there's no one in the mosque, no one showed up, no media showed up because I spoke to the head of the mosque, just yesterday. No one showed up this guy is needy for attention, he did it again and now his doing out in Friday doing prayers and this may have used Muslims as terrorist, have used followers of Islam as terrorist

Why would he not attack the Muslims, that's the question, not really, why would he not, if he do truly believes that they are terrorist. So there's a concern there. And that's what the concern of the communities, not him joining the Prophet Mohammed, you were nothings in our lives to worry about.

BANFIELD: Yeah.

OBEIDALLAH: ... with this kind of threat.

BANFIELD: I think what he is suggesting, we asks people to bring their guns to this Mohammed drawing contest is if the same thing happens again. And if radicals come, to attack, we'll be armed and ready for them. And I guess, look it is ridicules that the level of the sense that, you know, his going through that the leaders of the community are angry because this is just a powder cake.

OBEIDALLAH: Right.

BANFIELD: But at the same time, how else that he get his message here. Sure he could write a letter to the editor and no one will see it. But everyone is seeing this because he is angry and he needs a loud noisy way to be heard.

OBEIDALLAH: And what's his point, is his point really freedom expression, it's not. He was very clear with Anderson Cooper, he thinks Muslims are terrorist, he thinks Islam is a terrorist religion.

He's also and anti-fist (ph), Jon Ritzheimer, his against Christianity and Judaism, he just specially hates Muslims

You know, we live in a country now, where just a month ago, a man named Robert Darg (ph) that was arrested for planning to kill Muslims in New York State, the FBI arrest him, he pled guilty. It gets a little media coverage. And that was actual plan, you know, you have this, this is minor compare to that.

BANFIELD: Well I am certainly hoping that things stay calm and we're going t o continue to follow it.

Dean, I always love having on. And you're very, very funny, the way you handle a very serious topic too. Dean Obeidallah live.

Thank you for watching everyone we are flat of the time, Wolf starts right after this quick break.

(COMMERCIAL BREAK)