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Former Prep School Student Accused of Sexual Assault; Police Pulled over Car for Speeding and Realized Passenger Was in Labor; Rosie O'Donnell's Daughter Missing; 3:30-4p ET

Aired August 18, 2015 - 15:30   ET

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


[15:31:36] ANA CABRERA, CNN HOST: An elite New Hampshire prep-school has well-known reputation for graduating some of the best and the brightest, including 13 U.S. ambassador as well as secretary of state John Kerry. But its St. Paul's school reported private traditions that is now the focus of a rape trial under way right now.

This former student, Owen Labrie, is accused of sexually assaulting a schoolmate in May of last year. She was just 15 years old. Now, the "Associated Press" cites that police report that Labrie did it for the so-called senior salute, a competition of sorts for seniors to have as many as sexual encounters with underclass girls as possible.

The prosecution in this case in opening statements today emphasize that Labrie did not have consent.

(BEGIN VIDEO CLIP)

CATHERINE RUFFLE, PROSECUTOR: shortly after the assault, Jesse messaged him asking him, did you wear a condom? You'll see his responses that he sends back, are you on the pill? I think you're OK. You should be good. I put it on halfway through, referring to the condom.

(END VIDEO CLIP)

CABRERA: Now, Labrie's attorney, who by the way represented (INAUDIBLE), said there was not rape because there was no sex.

Let's bring in CNN's legal analyst and criminal defense attorney Phillip Holloway. Also here, HLN's Nancy Grace, former prosecutor.

Phillip, I will start with you. You said there's no way this defendant can get a fair trial. Why?

PHILLIP HOLLOWAY, CNN LEGAL ANALYST: Well, what they are doing, Ana - it is great to be here by the way. What they are doing is they are bringing in current and former students who are going to talk about this culture that they are calling it a sexual deviant culture. And so, in America we don't prosecute people base a trial on their character. We do not blame people for committing a crime because they have a certain character trade.

This guy could be the most voracious sexual animal on campus, but unless he actually forced her to have sexual intercourse, he's not guilty of a crime. They are trying to basically condemn him for this culture that exists on this campus.

CABRERA: Nancy, do you agree that testimony shouldn't be allowed for people who aren't specific to this case that can talk about the so- called senior salute that some of the members go through?

NANCY GRACE, HLN HOST, NANCY GRACE: Well, the law is as follows. While the defense attorney is correct that one may not be convicted on reputation along, with that much I agree. However, if the motivation behind the alleged rape is the senior salute game, essentially a contest that the men at the school, St. Paul's, where they take their virginity or bad rape (INAUDIBLE) called.

HOLLOWAY: Taking somebody's virginity doesn't necessarily mean it is rape. It has to be done without consent. And this culture that --

GRACE: I don't believe that was the question, sir. And I'd like the chance to finish. What you're asking me is whether other students would be able to testify to this game called the senior salute. I'd like to finish. Repeat. To explain the game someone may come in and explain that to the jurors if it's proven that that is what the defendant was doing.

I'm much more concerned not so much with the game as to the actual evidence showing rape. And I believe that will be shown by a nurse testimony that there were lacerations in this teen girl's vagina showing recent sex activity. Now, if he were arguing this was consensual, that wouldn't count for so much. But the fact that Labrie is claiming there was no sex at all, and then the girl shows up with lacerations in her vaginal area, that, to me, disapproves his defense totally.

[15:35:22] CABRERA: How do you defend against that kind of evidence, Phillip?

HOLLOWAY: If there's a sexual la laceration, it's going to have to be an expert to talk about that. They are going to have to prove that that laceration, if it does exist, was caused by nonconsensual sexual intercourse between these two people which does back to what I was saying earlier. They are bringing in all these current and former students who weren't there. They didn't see what happened. They don't know what happened. And so, to say that a laceration along or one injury was a result of a rape is absolutely put in to part way before the horse. You can't convict based on that.

(CROSSTALK)

GRACE: Forget about all of the other students. You sound like a broken record. I'm talking about the alleged victim that will testify to what happened. Not only that, there are ten counts to this indictment. Three of them being aggravated sexual battery, i.e., rape. Also endangering a child sexual misconduct and luring her over Facebook and email. They performed a search warrant on Labrie's computer. And if he lured her to the location of the incident under false pretenses and then ended up raping her, there's more jail time to be had. CABRERA: Phillip, you talked about the culture. And that that should

not be necessarily used against him in this case, the overall culture at this school, allegedly. St. Paul did release a statement, and I want to read that for you saying, current allegations about our culture are not emblematic of our school or values or rules or the people who represent our student body, alumni, faculty and staff.

Now, beyond that, when you look at the defendant himself, we're learning that he was supposed to go to Harvard. He was actually going to study religion. Do you think that some of that information is going to come up in this trial, Phillip, to sort of build up his character?

HOLLOWAY: Well, I do because a person's good character, on the other hand, can sometimes be used as a defense. People are presumed to be innocent. The things that we saw in these opening statements, that's not evidence. The judge will tell the jury that. It's way too early in this case to start calling somebody a rapist or deciding that someone did or did not do something just because the prosecution says so in opening statements.

The jury is going to have to decide, who is the winner of this swearing contest, Ana, between the defendant and his accuser? That's what it is going to come down to. The actual evidence from the people who were there and who the jury believes.

CABRERA: Nancy, final thoughts?

GRACE: You know, I keep hearing the defense attorney say the same thing over and over and over (INAUDIBLE) the same few sentences. That's because he's right in one aspect. This is not about the culture at the school. He's wrong in this count. It's about what this victim says and what the forensics show. That's what this is about.

CABRERA: All right, on that note, Phillip Holloway and Nancy Grace, our thank you to both of you. And you can watch Nancy Grace each day at night at 8:00 eastern on our sister station HLN.

Up next, a police pulled over a car for speeding and realized his wife a baby was in labor and was just about to give birth. So it is a heart pounding moment. Just couple of minutes and the baby born all caught on dash cam and that is next.

(VIDEO CLIP PLAYING)

(COMMERCIAL BREAK)

[15:43:08] CABRERA: Babies, of course, are delivered every day but not usually in this circumstance. Watch what happened early Sunday morning after a Seattle police officer pulls over a couple who were speeding inside the car and he gets to the window only to find out that the mom is in labor much watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Man, let me go.

UNIDENTIFIED MALE: There's an ambulance on the way right now. OK? We'll get you there faster and it's safer. OK?

UNIDENTIFIED FEMALE: The baby's out! The baby's out! She's not breathing! Please help me! We need to get it out of her mom. Please!

UNIDENTIFIED MALE: I know. Come on, bay. There you go.

(END VIDEO CLIP)

CABRERA: So no time to get the family to the hospital, not even enough time for the ambulance to get there. That baby girl was coming. And you saw there at the end, one of the officers had to help clear the infant's airway. She wasn't breathing initially. And soon a very relieved new dad and mom shook hands with the officer later sending thank you note. And here's a picture of that dad with his little girl, mom and baby are said to be doing just fine. Dramatic.

All right, let's talk Rosie O'Donnell. She's turning to twitter now to try to find her 17-year-old daughter. She hasn't been seen in a week. O'Donnell sent out a tweet just a short time ago linking to her official Web site. And in this statement she says her daughter Chelsea went missing from their New York time about a week ago with their pet dog and is in need of medication.

But adding to the mystery here, CNN just reached out to local police. And said Chelsea not initially classified as missing. They have since changed that.

But let's bring in Alexandra Field, also with us Chris Witherspoon, CNN analyst and entertainment editor of thegrio.com.

Alex, to you first. Rosie publicist is really the one providing some of the background of all this.

[15:45:17] ALEXANDRA FIELD, CNN CORRESPONDENT: Right. And she is the one who has said that it appears that Chelsea is runaway. (INAUDIBLE) it appears that the 17-year-old ran away as well but this is officially how a missing person's case. It is an open investigation. The goal here of course to bring the 17-year-old home to her family.

Rosie O'Donnell using her public platform to reach out, to reach the public and ultimately to try and reach her daughter. Nyack, New York police authorities have been looking for her in the Rockland County area since Sunday August 116th. She was last seen Tuesday August 11th. She left home with her therapy dog named Bear. Chelsea stopped taking her medication and is in need of medical attention.

Now, Rosie O'Donnell's publicist has also put out another statement clarifying some of that saying, Chelsea, like millions of people, lives with mental illness. It has been a difficult road and they just want her back safe.

So Rosie O'Donnell has actually been on twitter trying it seems to contact or connect with her daughter in some way saying that she believes her daughter might be in the New York City area asking people to really be on the lookout for both Chelsea and this dog that was with her.

We have spoken to police who say that since she was last seen by her family on Tuesday and the time that she was reported missing on Sunday, she did use an unknown cell phone to make some kind of contact with the family members.

CABRERA: Chris, bigger picture here, we hear this statement from the publicist revealing that Rosie's daughter has mental illness. Did we know anything about that prior to this incident?

CHRIS WITHERSPOON, ENTERTAINMENT EDITOR, THEGRIO.COM: You know, I think when Rosie O'Donnell left "the View" on February of this past year, we kind of knew that she was going home to deal with personal issues, some issues at home so this is kind of the missing link here. We realize now that she was dealing with a daughter who had mental illness. And I think that is the scary part here. But it's great to see Rosie O'Donnell using the power of her social media to come out here and be open and allow her fans and all her millions of followers to really be the eyes and ears on the ground to find where this girl is.

CABRERA: We hope that happens soon. Alexandra Field and Chris Witherspoon, thanks to both of you.

And coming up, any moment now, Hillary Clinton is getting ready to speak live in Las Vegas at a packed gym there.

Up next, the man who started shock TV Morton Downey Jr. He was in your face. He has got his guest to fight with each other. Next, we're talking to the man who produced his show and his bodyguard about what it was like to work with this guy.

(COMMERCIAL BREAK)

[15:52:36] CABRERA: Loud, brash, in your face confrontational TV, and it started with this man, Morton Downey Jr. The angry man routine took TV by storms in the late 1980s. This is before Jerry Springer, before Glen Beck. Morton Downey Jr. was the king of shock TV. He is now the subject to the new CNN film, "Evocateur." Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: He knew how to manipulate. He could have been a serial killer.

UNIDENTIFIED MALE: You believe that the government should stay out of our personal business altogether?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: It happens to be my personal business if I want to kill my 4-year-old kid, right?

UNIDENTIFIED MALE: No.

UNIDENTIFIED MALE: Why?

UNIDENTIFIED MALE: You are putting - you are giving libertarian the story - explanation.

UNIDENTIFIED MALE: If you're not turn to the facts and that is incredibly entertaining. And you can just say anything.

UNIDENTIFIED MALE: Yes. You know, (INAUDIBLE). But I will say this Morton had amazing charisma on the set. He related totally on an emotional level, no intellectual level for Morton.

UNIDENTIFIED FEMALE: Listen.

UNIDENTIFIED MALE: If I had a slim like you in the White House, I would puke on you.

(CROSSTALK)

UNIDENTIFIED MALE: He attacked a guest with velocity. Now, it is unbelievable. And people loved it. I mean, they love him for it.

(END VIDEO CLIP)

CABRERA: Joining me to discuss Morton Downey Jr., Bill Boggs, he was the executive producer of the Morton Downey Jr. Also with us David Giegold. He was Downey's body guard.

OK, Bill. I want to start with you. We saw that brief clip.

BILL BOGGS, FORMER EXECUTIVE PRODUCER, THE MORTON DOWNEY JR. SHOW: That was a golden age of discourse on television.

CABRERA: And is that real? I mean, he just that much of a loose cannon?

BOGGS: Yes, that was the show at the highest level. You have just seen it. Downey was a brilliant performer. He detect the subject pro or con and argue with either way. He has an audience that eggs him on. And he was as good as what he did in front of an audience of any performer of any kind. He was a great (INAUDIBLE). Brilliant man and great performer. But that is not who he really was but he knew how to make it work.

CABRERA: Dave, who was he really?

DAVID GIEGOLD, MORTON DOWNEY JR.'S FORMER BODYGUARD: Well, a lot of people see Morton as somebody -- a gentlemen wrote about Morton and he brought him out as the person that brought violence to the television.

(CROSSTALK)

[15:55:01] Yes, he was begin a bag of tools and the way that he used them and for one year he went to the top and the next year in the bottom. CABRERA: He knew how to touch the nerve.

GIEGOLD: He certain like it. The people loved Morton. The loved him.

CABRERA: And speaking of that, you're the body guard. So are you having to block him from fans or haters?

GIEGOLD: Well, I tell you. Morton knew so many things and he process - he saw danger. And he talked his way around it. There was no danger. Morton would just move on.

BOGGS: But every once in a while there would a physical - every once in a while, seriously it could be a physical confrontation, but he was the caucus slammer. He was a wrestler. Someone with the slammer here. Every once in a while there would be a confrontation and they would come out and hold it back.

But in truth, the Downey show was about issues. I mean, we did an hour on car insurance rates. At only a guy like Downey could make it that highly rated show because of what he brought to it with his anger. On the movie Thursday at night, you're going to see this come popping up the screen.

CABRERA: I cannot wait to see it.

Also, I am curious did he hit such a nerve with some of these guests that they would take it personally?

GIEGOLD: All the time. All the time.

CABRERA: Yes?

GIEGOLD: Every time. That's what he want to do, hit a nerve. He really did.

BOGGS: But you just a (INAUDIBLE). If you came on the Downey show, you knew what you're getting. I mean, you know, we're doing an interview on CNN. If you wanted Downey, you knew that there was a crazy audience, you knew there was a possibility and might really get in your face, you know, some people probably had their feeling hurt, buy they knew what they were getting into.

CABRERA: I have to show another clip because it's too much fun.

BOGGS: Return to us the golden age of television.

CABRERA: Let's do it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What do you think of what is going on today?

UNIDENTIFIED MALE: Well, it's all entertainment, and there's nothing wrong with it. That's not reality.

UNIDENTIFIED FEMALE: In having advocates for civil rights, the women and minorities --

UNIDENTIFIED MALE: Reality is having a fight on the Downey show with Al Sharpton, reality is presenting Gloria Allred to the world for the first time. That's (INAUDIBLE).

UNIDENTIFIED FEMALE: Perhaps he done something important that went beyond a television show.

UNIDENTIFIED MALE: I was sitting home one day and the phone rang. And I was shocked. It was Morton Downey calling me in a low, weak voice.

UNIDENTIFIED MALE: To single out is real of criticism is anti- Sanatism (ph).

UNIDENTIFIED MALE: That was the cry Allen.

UNIDENTIFIED MALE: He just wanted to remind me of the earlier days and ask me if there was anything I needed from him before he departed this world.

UNIDENTIFIED MALE: I told him that I thought that they contributed a lot to television for unrepresented and disenfranchise people.

UNIDENTIFIED MALE: Don't tell me what you did, tell me what you will do?

UNIDENTIFIED MALE: And see to appreciate hearing that particularly he said he did not hear that so often from people like me.

(END VIDEO CLIP)

CABRERA: That's such a different side and a different way to look at his craft.

BOGGS: We had a high level of guests on the show. It wasn't like -- not like Jerry Springer. Jerry Springer was normal host with crazy guest. The Downey show was normal host, normal guests with a totally crazy host. I mean, that was truly was the difference.

CABRERA: Let's fast forward here, though. I want to ask you about Allen (INAUDIBLE) and a frequent guest of course of Downey's show. And he wrote this on CNN.com. It says when Morton Downey Jr. made the television debut, he was as disruptive to conventional television as Donald Trump is today to the Republican presidential field. You agree?

BOGGS: Absolutely. I wrote down a couple of things, the same things they are saying about Trump which is igniting the issues bombastic approach, in your face. As a matter of fact, just before the debate, Chris Wallace said, the presence of Donald Trump makes us a dangerous TV show. And that's exactly what they said about Downey. And that's a big compliment, Donald Trump's ability as a performer to project the kind of energy that you just want to see what that guy is going to do. That's why people watch Downey. You see this movie as it goes on and you're going to wonder what that guy is going do next. Trump has that same quality.

CABRERA: It seems like you have so much passion, both of you. I love it.

GIEGOLD: Thirty years later, this is what Morton said to me. He said, David, we're moving out of this apartment to seek office. I am helping him. We're move to go the Trump tower. We're loading things up. And he says yes. I said where are you going to Trump tower? He said yes. You I said that Trump guy is what we need. He is a business man and to run the big business, 30 years later.

CABRERA: When was that? That was 30 years ago?

GIEGOLD: Yes.

BOGGS: He would be cheering for trump. There were friends.

CABRERA: Amazing.

BOGGS: They have some very interesting similarities.

CABRERA: It all comes full circle and having a chance to talk to both of you and hearing how much that you have this admiration and love and care for Morton Downey Jr., really.

(CROSSTALK)

CABRERA: I'm glad I wasn't.

BOGGS: You would have a good time.

CABRERA: All right, thanks both of you.

BOGGS: You are welcome.

GIEGOLD: Thank you.

CABRERA: I want to make sure you all know that you can catch the premiere of "Evocateur. The Morton Downey Jr. Movie." It is right here on CNN. Again, this Thursday night at 9:00 Eastern.

Time for THE LEAD -- John Berman in for Jake Tapper. Thanks for being here with me.