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Legal View with Ashleigh Banfield

California Woman Brutally Beaten and Sexually Assaulted Allegedly By Undocumented Immigrant; Ferguson To Cincinnati: A Violent Year; Tensions Surround Michael Brown Observance; Virginia Reinstates Agents In UVA Student Bust; EPA's Mistake Pollutes Animas River; New Jersey Man Arrested in Alleged ISIS Conspiracy; Russian Police Claim Elderly Woman May Be A Cannibal. Aired 12:30-1p ET

Aired August 10, 2015 - 12:30   ET

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

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[12:30:31] FREDRICKA WHITFIELD, CNN ANCHOR: All right, two men in California face murder and rape charges in the brutal death of a woman who was sleeping in her bed. The murder is once again bringing out critics of the country's immigration system.

Marilyn Ferris was asleep when the two men brutally beat and sexually assaulted her. But she still had the strength to call police afterwards. One of the suspects, Victor Martinez, was in the country illegally and had multiple run-ins with the law. One is recently as two weeks before the murder.

Well CNN Stephanie Elam is in Los Angeles with more on this. I'm also joined by CNN Legal Analyst, Danny Cevallos.

So Stephanie, you first bring us up-to-date on all that's taken placed.

STEPHANIE ELAM, CNN CORRESPONDENT: Right and just to let you know what happened. After Ferris was able to call 911 and get assistance, they were able to find Martinez, who's the undocumented person. They found him in a nearby house where he had broken in. The other person, 20- year-old Fernando Villagomez, they found him some five days later.

Now both are now charged with first degree murder because Miss Ferris did go on to die several days later because of that, they could face the death penalty but taking a look at Martinez in particular, the undocumented person in this story, he also has the charge of special circumstance of torture.

We also know that there was a hammer used to beat this woman to her death, just very, very troubling awful story. The problem with this particular case for a lot of people, though, is that Martinez had tangled with law enforcement before despite the fact that he was undocumented at least four times in Santa Barbara County. He had been booked and that since 2009. This is what the police chief from Santa Maria had to say about it. His name is Ralph Martin. Here's what he had to say as the problem.

(BEGIN VIDEO CLIP) RALPH MARTIN, SHERIFF, SANTA MARIA POLICE: Two weeks before this murder, Santa Maria police officers arrested him for possession of meth. And, you know, we had to do? We had to cite him out. That's the problem with this system. This is a national issue. I think it starts in Washington, D.C. with this administration that we see and their policies and I am not remiss to say that from Washington, D.C. to Sacramento there's a blood trail into the bedroom of Marilyn Ferris.

(END VIDEO CLIP)

ELAM: I'm not getting around the bush at all with how he feels about this. Now, one of those prior incidents that we know about with Martinez here, it was in 2014. He had a felony drug and assault charge that was changed to misdemeanor battery. Well, with that particular case, ICE has something to say about it. Now this is what they have to say as far as a Federal Immigration here that we're talking about. They say, "That ICE was not notified prior to Mr. Martinez's release to enable the agency to take custody to pursue possible administrative immigration enforcement action. Available records indicate that Mr. Martinez was released by local authorities a week later without ICE receiving the requested notification."

It's also worth pointing out that as far as whether or not he would have been kept safe in Santa Maria that is not harbor city here. He could have been sent out but the issue here is whether or not it took too long for the Federal and the local authorities to get together and to get Martinez deported out of the United States, Fred.

WHITFIELD: So Danny, this is where you come in. Explain, you know, these inconsistencies. Well in some jurisdictions, local municipalities say they don't have to cooperate with what ICE requirements are. And others they are working in concert so that when someone is arrested and especially repeatedly, they might be deported or they may be jailed. So help explain these inconsistencies here and what that means.

DANNY CEVALLOS, CNN LEGAL ANALYST: This is fundamentally a constitutional issue. Under the anti-commandeering principle, the federal government believe it or not cannot force local law enforcement agencies or LEAs to carry out its immigration policy.

Immigration is the sole province of the federal government and deportation or removal proceedings are civil in nature. They're not criminal. So understand that the federal Government is powerful as it is, cannot force local law enforcement to hold these people. And if local law enforcement complies with these requests, it must be discretionary. It must be a choice. It must be voluntary by local law enforcement.

Now, before you think, well, why don't they just do it? It's not that simple. If local law enforcement holds a person without probable cause and the mere suspicion that they may be in the country illegally is not enough. If they hold that person without probable cause, then they may be forced to violate that individual's constitutional rights.

[12:35:00] So this case boils down to the federal government saying essentially, "Look, local law enforcement, we know we can't force you to do it, but pretty please would you let us know and would you do all these extra things and help us enforce our policy?"

And for the most part, local law enforcement has said and I'm paraphrasing for the entire country that they are not required -- we are not required to do this. We cannot add this additional infrastructure.

WHITFIELD: Or that they don't have the time or resources.

CEVALLOS: ... and we cannot take on or the time of the research, then we cannot take on the additional liability when we accidentally hold someone that you asked us to hold without probable cause.

WHITFIELD: All right, very complicated situation. Thank you so much, Danny Cevallos and Stephanie Elam. Appreciate it.

All right an unarmed black man killed by police followed by protests, even riots. So many stories in the year since Michael Brown died. Has all the attention made the situation better or worse? We dig into it deeper next here on LEGAL VIEW.

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WHITFIELD: When police shot and killed an unarmed black teenager a year ago at Ferguson, Missouri, no one could have predicted the firestorm that it would generate. And it happened on the first black president's watch.

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BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I think it's fair to say that if, in my first term, Ferguson had flared up. As president of the United States, I would have been commenting on what was happening in Ferguson.

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[12:40:04] WHITFIELD: Michael Brown's death was the first in a series of police-involved killings that got national attention to this extent.

CNN's Sarah Sidner looks back.

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ELAM: The shooting death of Michael Brown by a Ferguson, Missouri police officer on August 9th, 2014, reignited a worldwide debate about race in America.

Brown's death also spurred a movement to change the relationship between law enforcement and people of color.

The #BlackLivesMatter which began after Trayvon Martin's death and picked up steam again was used nearly six million times on Twitter in the year that followed Brown's death. The deaths of several other unarmed black men at the hands of police officers also gained attention.

Ezell Ford in Los Angeles on August 11th, 12-year-old Tamir Rice in Cleveland on November 22nd, Tony Robinson on March 6th in Madison Wisconsin, Eric Harris in Tulsa, Oklahoma on April 2nd, Walter Scott on April 4th in North Charleston, South Carolina, Freddie Gray in Baltimore on April 19th, and Samuel DuBose on July 19th in Cincinnati. But the nationwide focus began in Ferguson and dragged on for months.

On November 24th, a grand jury decides not to indict Darren Wilson, the officer who killed Mike Brown. The decision isn't read until after nightfall. Rioters take to the streets in Ferguson. #Ferguson explodes on Twitter. The next day, there are protests, mostly peaceful in more than 170 American cities.

In the year after his death, #MikeBrown was used in more than 3.5 million tweets. #Ferguson was used in nearly 43 million.

Then on December 3rd, a New York grand jury chooses not to indict the police officer who put Eric Garner in a choke hold on July 17th, while trying to arrest him for allegedly selling cigarettes illegally. Garner can be heard repeating, "I can't breathe." Garner has a heart attack and dies on the way to the hospital. #ICan'tBreathe dominates on Twitter and has been used in more than 2 million tweets since.

In the days following the decision, protesters head to the streets of New York City, galvanizing their efforts on social media with other hashtags like #ItStopsToday and #ShutItDown.

On December 13th, tens of thousands turn out for the Millions March NYC.

The next big clash between people and the police is in Baltimore after Freddie Gray dies from injuries sustained while in a police van on April 12th.

In West Baltimore, days of protest follow, turning violent on April 25th.

The Maryland National Guard is called in to get control of the city.

On April 28, there are nearly 10 million tweets using #Baltimore.

On May 1st, Baltimore D.A. Marilyn Mosby announces six officers will face criminal charges in connection with Gray's death. Baltimore residents respond with cheers and tears.

In the aftermath of Mike Brown's death, the Department of Justice finds the Ferguson Police Department routinely violated the constitutional rights of some of its citizens.

In New York, Mayor Bill de Blasio announces a three-day police retraining program. And President Obama calls for ways to improve the trust between law enforcement officers and the communities they serve.

A task force recommends solutions like diversifying law enforcement agencies and minimizing the appearance of a military operation.

(END VIDEO CLIP)

WHITFIELD: And apologies, that was not our Sara Sidner. That was Stephanie Elam reporting.

All right, so much has happened in the past year, but has much changed?

That conversation, coming up.

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[12:47:19] WHITFIELD: We're following the tensions in Ferguson, Missouri surrounding the one year anniversary, the killing of Michael Brown. Police in St. Louis County say criminals not demonstrators are to blame for an outbreak of violence right there caught on video after a peaceful, a Sunday of marches and rallies.

Late last night this shootout captured on video led to a police chase and a suspect lying critically wounded on the ground. More demonstrations are planned for this afternoon. I want to talk about all of this with Missouri State Senator, Maria Chappelle-Nadal. Good to see you.

MARIA CHAPPELLE-NADAL, (D) MISSOURI STATE SENATE: It's very good to see you, Fredricka.

WHITFIELD: So you took part in yesterday's demonstrations. The commemorations earlier on in the day, had you compared that to what eventually evolved?

CHAPPELLE-NADAL: It's complete opposite, polar opposite. All of the day long all weekend long, we had and been enjoying ourselves and really feeling the sense of kinship throughout St. Louis. There are building crowds everywhere, more diverse than it's ever been before and so everyone has been in a good frame set and a mind-set. And I'm just really proud of what we were able to accomplish and then last night happened.

WHITFIELD: So then you were feeling like, yeah, you were feeling this was a very hopeful demonstration of people who had a, you know, I guess a common goal here but then when you left you started receiving some messages and what were those messages.

CHAPPELLE-NADAL: Exactly. So we left West Florissant as crowds were building. We didn't know why because it was raining and so we went ahead and went home. And then I started getting text messages as well as direct messages on Twitter and I started looking at Facebook as well and people were reporting. They were also putting up some video.

There is one particular person who is apprehended last evening who was calling for police to save this young man because he was still breathing. He was still alive and so I tracked all of that. I've been collecting all of the facts today to make sure I'm aware of everything that's going on and there are a few things that are going on that I'm hopeful for.

One, I want to be assured that our Police Department has been following all of the right protocols. But I'm also concerned about the fact that only one person was pursued last night and not all six people who were involved in this shootout.

And we don't want to condone not for a minute those who want to bring violent acts into these peaceful protests. And that's why I want to encourage people who are involved in today's actions to take part in self-policing. That is very critical. That's what we did last year and that's what I'm asking people to do yet again, so we can be responsible as well.

[12:50:03] WHITFIELD: So then what does that tell you when you say that you wish there had been a pursuit of a larger group of people as supposed to the one. What is that tell you in contrast with the sentiment from so many there who have said there have been some increments of change for the positive in the past year?

CHAPPELLE-NADAL: Yeah, there have been some changes for the positive. But by no means, not even for a second, have we really reached the critical mass point where we need to be.

There are so many other things that we need to do. The State of Missouri decided to turn its back on upgrading our deadly force laws. We are 30-years out of compliance and that was ignored.

But we also need to look at the fact that for a very long time now, police have been pursuing one or two people instead of everyone who needs to be questioned in these kinds of circumstances. And that's why I'm asking for the five other people to turn themselves in because we want to continue in a very peaceful way. And what we had accomplished this entire weekend, you know, we have a cast, the dark shadow at this point, because of their volatile behavior yesterday, and that is just not going to be condoned.

WHIETFIELD: All right, thank you so much, Missouri State Senator, Maria Chappelle-Nadal. Appreciate it.

All right, checking our top stories now.

Virginia officials say the alcohol beverage control agents who were suspended after the bloody arrest of a college student back in March, are back on the job cleared of any wrongdoing.

You may recall the case of Martese Johnson, he was accused of using a fake I.D. and then roughed up outside a bar near the University of Virginia campus in Charlottesville. At that time, the 20-year-old was charged with obstruction of justice and public intoxication. But all charges were dropped in June.

And the FAA is investigating several drone sightings over Newark Liberty International Airport. Four flights on final approach reported seeing drones yesterday. None had to take evasive action. The FAA says, "It is unsafe and illegal to fly a drone near an aircraft and could result in up to $25,000 fine and criminal charges. The town of Durango, Colorado, has declared a state of emergency.

A mistake by an EPA crew has so far spilled about a million gallons of waste water from an abandoned mine into the Animas River.

The spill turned the scenic river, a popular vacation spot, orange and prompted the EPA to warn people to avoid the area. So far, the water supply is not affected.

All right, coming up.

A woman in her late 60s is accused of murdering at least 11 people and cannibalism. How Russian police found her out.

Next.

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[12:56:33] WHITFIELD: All right, this just in, the U.S. Attorney's Office says a New Jersey man has been arrested for allegedly conspiring with ISIS.

Authorities say 20-year-old Nadir Saadeh and some friends wanted to create a small army although no specific plot has been identified. His brother and another man were arrested in June according to the U.S. attorney, Saadeh left the country in May allegedly to join ISIS. He will face a judge in Newark this afternoon.

And police are accusing a 68-year-old woman of cannibalism and occult sacrifice in the suspected murders of at least 11 people.

CNN's Matthew Chance reports on this disturbing case out of Russia.

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MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT: Security video shows a frail old pensioner struggling with some heavy bags.

The Russian police say this is a suspected serial killer caught on camera disposing of the latest victim's body parts. She makes repeated nighttime journeys outside.

68-year-old Tamara Samsonova has been dubbed Russia's granny ripper. Arrested after police in St. Petersburg found the mutilated remains of the elderly woman she cared for, dumped in the street outside.

Samsonova was pictured in court blowing kisses to the media. "I'm haunted by a maniac," she tells reporters, "Who forced me to kill."

TAMARA SAMSONOVA, ACCUSED KILLER (THROUGH TRANSLATOR): I have nowhere else to live. I'm a very old person. And I put the whole matter to rest deliberately. I have fought 77 times about it and then decided that I must be imprisoned. I will die there and the state will probably bury me.

CHANCE: Well we've come to the apartment block in St. Petersburg where Samsonova lived with the 79-year-old woman, she was meant to be looking after. Of course it's now a crime scene.

You can see some neighbors have left flowers as a memorial. Police say they have evidence linking the suspect with at least 11 more grisly murders, neighbors, tenants even her own husband reported missing ten years ago.

Police say Samsonova kept a detailed diary of her alleged crimes. State Media says investigators are looking at cannibalism and occult sacrifice as possible motives.

Neighbors of the latest victim say they're shocked of what happened but not all together surprised.

NATALIE FEDOROVSKAYA, NEIGHBOR OF ACCUESED KILLER: (FOREIGN LANGUAGE).

CHANCE: "She's a very strange woman," says Natalie Fedorovskaya, "tricky and suspicious." When I confronted her about my missing friend, she begged me not to call police and grabbed my arm. The police told me later I was lucky to escape. But some were much less fortunate.

Police say they're now scouring records of unsolved murders to see just how many people Russia's granny ripper may have killed.

Matthew Chance, CNN, St. Petersburg.

WHITFIELD: And Russian police say they are scouring records of unsolved deaths to see just how many people this woman may have killed.

All right thanks so much for watching. I'm Fredricka Whitfield. CNN continues with Brianna Keilar, next.

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