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Prep School Rape Trial; North Carolina Police Shooting Trial Ends; Virginia Murder Investigation. Aired 3-3:30p ET

Aired August 28, 2015 - 15:00   ET

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

[15:00:03]

BROOKE BALDWIN, CNN ANCHOR: But they did find him guilty on three counts of misdemeanor sexual assault and other charges.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Accusing the defendant of sexual assault by knowingly engaging in sexual penetration with a female juvenile, guilty or not guilty?

UNIDENTIFIED FEMALE: Guilty.

UNIDENTIFIED FEMALE: You say, Madam Foreperson, that the defendant, Owen Labrie, is guilty?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: So say you all, members of the jury?

JURY: Yes.

UNIDENTIFIED FEMALE: Accusing the defendant of simple assault, in that he knowingly caused unprivileged physical contact to a female juvenile, guilty or not guilty?

UNIDENTIFIED FEMALE: Not guilty.

(END VIDEO CLIP)

BALDWIN: Today, the victim's statement -- issued this, in part -- quote -- Today, a measure of justice has been served for victims of sexual violence. While he was not convicted on all charges, Owen Labrie was held accountable in some way by a jury of his peers for crimes committed against our daughter."

Let me bring in Jean Casarez and CNN legal analyst Danny Cevallos is back with us.

Jean, first to you. Can you just walk me through some of these counts specifically?

JEAN CASAREZ, CNN CORRESPONDENT: Sure.

BALDWIN: Let's start there. CASAREZ: He was found guilty on five charges, three misdemeanors, one felony -- four misdemeanors, one felony.

And I think the impact of this is the maximum penalty is 11 years; 3.5 is the minimum, maximum 11. They should be sentencing -- scheduling a sentencing date. They are still in court right now. But here's probably the most concerning is the felony, Brooke. It's a Class B felony of using the computers to seduce or solicit a minor.

We just heard the prosecutor in court. They are arguing now on bail or to be remanded into custody until sentencing, but the prosecutor just said that because of that computer conviction, that he will have a lifetime of a sexual offender registration.

BALDWIN: So, he is registered as a sex offender forever.

(CROSSTALK)

BALDWIN: On the felony, on the specifically this use of computer services, what does that mean? What happened?

DANNY CEVALLOS, CNN LEGAL ANALYST: It means -- it can mean as little as using your iPhone, it can mean using your laptop, sending anything over electronically.

That kind of crime comes into play very often in a lot of child pornography cases. Prosecutors are increasingly and legislators, I should say, are increasingly adding this as a separate crime, mostly because it is a very, an exceedingly easy crime to prove. Beyond just the fact that somebody sends a message over the transcript, they have to additionally prove the intent. What was the intent of sending that message?

In this is case, apparently the prosecution demonstrated that the intent of sending that message was to entice, as it is described in the statute. But it's interesting, too, because that statute may have, in defining a minor, a different definition than the definition of the aggravated felony, which depends not only on the age of the victim, but the age of the defendant.

From my reading of the felony that he was convicted of, I don't believe there's any safe harbor provision for a defendant who is of a particular age.

(CROSSTALK)

CASAREZ: No, I think you're right. And let's look at the facts.

What Danny is saying is the law, which is great. Let's look at the facts. The facts are, there is a senior salute. So he e-mails the victim -- and we don't have to say alleged victim anymore. She is a victim. He e-mails her saying, I would love to take you, you know, to the chapel and to walk and it just seems so pure and beautiful. She says no. She says, I really would like to, but no. So he gets a friend and he says to the friend, you have got to help me

here. That was via some e-mails along with oral conversations. You got to get her to say yes. She did say yes. Some of the e-mails were very pure, but the jury must have looked at the intent of the senior salute in and of itself, and those e-mails were then comprehended to be to seduce and to get this young girl for purposes of sex.

BALDWIN: But there were questions through this entire trial as to whether or not sex happened. And it sounds to me that obviously this allegation of specifically the worst of rape, they were saying, yes, the sex happened, but not rape, correct?

CASAREZ: That's what it appears is though is the mind-set of the jury, because, as Danny said, the charges that he was convicted of, sex had to occur, but consent wasn't necessary -- a lack of consent wasn't necessary.

BALDWIN: Who was in the courtroom? Tell me how everyone reacted.

CASAREZ: They are still in the courtroom right now, but we see the defendant on the screen and the moment those guilty charges began to rang out, he started to cry. Now, we don't know if he was confident, if he was scared.

He's a young kid, but he realized the severity of what was happening. And the first charge that was read, guilty, was that computer count, which now we see is one of the most serious, a young than that had been accepted and was going to be on his way to Harvard University.

(CROSSTALK)

[15:05:03]

BALDWIN: And so now they are in the courtroom still. They are trying to figure out, you were saying, a bail issue, right?

CEVALLOS: Bail pending sentencing.

BALDWIN: Bail pending sentencing.

CEVALLOS: Right.

You have just been convicted. At some date in the future, you're going to have a sentencing date, where we decide how long you're going to go away.

BALDWIN: Up to 11 years.

CEVALLOS: Right. Can I stay out at home while we're awaiting that? And that's really the argument. The prosecution is going to always argue that, well, now he's been convicted. He's got a reason to run.

The defense is going to argue, in this case, he's made all of his court dates, nothing has really changed other than he's been convicted. He will show up for sentencing. That is what is going on now. (CROSSTALK)

CASAREZ: The prosecutor said he's been living with his mother, but we can argue that his mother was a co-conspirator in this because she helped him delete some of those e-mail messages. That's what the prosecutor argued.

CEVALLOS: Bail is one of those bizarre things where every point a prosecutor makes, a defense attorney can equally take that point and turn it into a point in his favor.

If you have a lot of money and you're an upstanding member of the community, well, then, why would you ever run? Everybody would recognize you. The prosecution would argue, well, he's got lots of money. He can flee to Cancun and we will never see him again. Every point in a bail argument has two sides to the point always.

CASAREZ: And the defense just said, let's go ahead and give him a curfew. So the defense so strongly wants him out pending sentencing, they say we will even add to conditions.

BALDWIN: Again, just going back to the victim, who the family in the statement saying a measure of justice, how do read that, a measure of justice?

(CROSSTALK)

CASAREZ: Just exactly as you said it. He was not convicted on the top aggravated sexual assault counts, the counts that could have put him in prison for 20 years per count or if you put them all together 20 years in prison. He was found not guilty of that.

BALDWIN: What has the school said through this whole thing?

CASAREZ: I have not seen that they have said anything at this point. Danny, have you seen anything?

CEVALLOS: I have not. But they need to be very mindful. They are in a mine field of potential, not necessarily criminal, but civil liability.

(CROSSTALK)

CASAREZ: Exactly.

CEVALLOS: But if there is a civil case -- and I have to expect there is a high likelihood there will be -- what does that say for the future of any school, whether it be a fancy prep school or a public school, that holds a prom, that holds any sort of event that encourages kids to get together?

Will this create a new era of civil liability for things that go awry? Because as much as this is a terrible case, having practiced a lot of juvenile delinquency law, all you need to do is walk into any juvenile court in America, and these kinds of things, unfortunately, sadly, are happening everywhere, from the prep schools down to the public schools.

BALDWIN: Danny Cevallos, Jean Casarez, thank you both so much.

Next, we do have more from Roanoke, Virginia. We're getting new details today here from law enforcement on the intentions of this killer who murdered two journalists live on television this week, investigators telling CNN saying that Vester Flanagan did indeed have a getaway plan.

Plus, the state of Florida in a state of emergency, now in the path of a tropical storm. This is what it's already done on one island. My goodness. We have more on that coming up.

Also, charges dropped after a jury cannot decide in the manslaughter trial for a white police officer who's accused of killing an unarmed black man in Charlotte, North Carolina -- what the prosecutor said today coming up.

(COMMERCIAL BREAK)

[15:12:22]

BALDWIN: You're watching CNN. I'm Brooke Baldwin.

After murdering a TV news crew, a 24-year-old and a 27-year-old, Alison Parker and Adam Ward, during a live broadcast this week, the killer, Vester Flanagan, ran, and now we're learning more about what his getaway plan may have been.

Investigators telling CNN that he was not driving aimlessly when he got into that rental car loaded with a gun, extra ammunition, disguises. They say that he had a specific destination in mind before he was caught by state police on that highway and then ultimately turned the gun on himself, although investigators are not saying where he was headed.

We are also learning that he may have actually accidentally helped police pinpoint his location after murdering these two. He texted his friend and apparently the text said this. "Done something stupid."

That friend may have given police his cell number, a possible way to track him down. We also have this today, photos inside of his apartment not too far from that TV station. And looking at this with me, bed stripped down to a mattress, not too much there on the walls, but on the refrigerator, plastered with images of himself from his modeling days, from his days as a TV news reporter, faces of his.

We have also heard now again from Alison Parker's father, who made a plea to the news media and to government officials to do something about gun control. He responded to a question about whether Alison was ever fearful in her role out and about as a reporter. Here he was.

(BEGIN VIDEO CLIP)

ANDY PARKER, FATHER OF ALISON PARKER: Did she consciously dwell on that or was she always saying, gee, I think that my life is in danger? No. She didn't live like that. She lived with -- her life was full of joy and she always saw the best in people and she touched people -- so many people.

And that's why they loved her. And she just -- this was -- something like this would never occur to her. It's different this time, and you guys have got to help me make a difference.

(END VIDEO CLIP)

BALDWIN: Polo Sandoval was there. He's now in front of a TV station, where I can see all the balloons behind your shoulder. That has really growing over the past couple of days.

Back to Mr. Parker though and his words. Essentially, he has been pleading with media and, of course, the government to do something in the wake of such a senseless tragedy, saying, why can't we have reasonable background checks, commonsense? He wants to go to the Virginia state legislature and have them look him in the eye and tell him why, Polo.

POLO SANDOVAL, CNN CORRESPONDENT: Right. Right, Brooke.

[15:15:00]

And just in that small portion you just played, you were able to feel a father's pain from what we just gathered a few moments ago. Obviously, the last couple of days have been extremely difficult for Mr. Andy Parker. Today, though, perhaps the hardest, as he told us, as he did go within the walls here of the station.

He went inside the station today and managed to speak to several of his daughter's fellow colleagues. And it was obviously very difficult for him, as he heard the stories and really the lives that she touched. And, as you mentioned, if you look over my shoulder here, you will see that makeshift memorial that has almost doubled in size today alone. We have seen strangers come and go, an endless flow of people bringing foods, bringing flowers, bringing really just their support in general.

Many of them, in fact most of the ones that I have spoken to didn't even either Andy Ward or Alison Parker. So, again, today, we did hear from Mr. Parker himself yet again. And he renewed this push for the call for stricter gun laws. The same question, though, is interesting here.

The same question was posed for him that was posed to Virginia Governor Terry McAuliffe earlier and that is his reaction or at least his response knowing that in fact that this individual here, Vester Flanagan, did in fact pass this background search. He purchased that Glock pistol legally, the one that he would use to kill these two journalists and then later turn the gun on himself.

He said that's not enough, though, more needs to be done to prevent yet another father from feeling the same pain -- Brooke.

BALDWIN: I want to stay on that, Polo Sandoval. Thank you so much.

Given this those words from the father, given this tragedy in Roanoke this week, the questions continue to be peppered. What now?

I spoke with two people just absolutely shattered by gun violence in recent years, a father and a daughter. You will recognize both of them. I interviewed both of them live on the show yesterday and it seems to have touched a number of people.

So, today, I just wanted to pause and share part of that conversation one more time.

(BEGIN VIDEO CLIP)

RICH MARTINEZ, FATHER OF SHOOTING VICTIM: What's important to me now is trying to work to make sure that no other parent or family in this country has to go through what my family has gone through. It's terrible.

And we can do better than this. I hear from politicians from time to time in answer to this, it's complicated. That's not political leadership. That's an excuse, you know? People used to come to Steve Jobs all the time and say, we can't do this, we can't do that. Steve Jobs was a leader. He said, go back and figure it out and he helped figure it out. So I refuse to accept that kids like mine and Adam and Alison have to die in a way that occurs every single day.

This is the United States of America, the 21st century. We're Americans. We can figure this out and do a lot better. We owe it to our kids and families. The situation we've got in this country with gun violence is unacceptable.

It's just -- you know, 20 kids -- 20 little kids died in the Sandy Hook shooting, six adults, including Erica's mom. We, as a country, didn't do anything. That's disgraceful, you know? And I said the NRA and craven, irresponsible politicians, but it's the rest of us, you, which, including me. We didn't do enough to support those parents when they tried to get legislation through Congress. We need to do more. Every day in this country, 88 Americans are shot and killed. It's ridiculous. We need to do better.

BALDWIN: Erica, final question to you. For everyone watching right now, hanging on both of your every word, what one thing today can people do?

ERICA LAFFERTY, DAUGHTER OF SHOOTING VICTIM: To echo Andy Parker, whatever it takes to get gun legislation passed in America. They can join me on September 9 in Washington, D.C., with other advocates and other survivors of gun violence to demand action from Congress. They have ignored us for too long.

They have ignored our stories for too long. We are going to demand that they do something about this and I welcome everyone to join me, anyone who has been personally touched by gun violence or someone they love has been touched by gun violence can text 877877. Just text the word "survivor" to that number and someone from our survivor network will reach out to you and let you know how to get involved in the fight to end gun violence in this country.

(END VIDEO CLIP)

BALDWIN: That was a piece of our interview from yesterday, Rich Martinez and Erica Lafferty. Thank you both so much.

If you want to watch the whole thing, which I encourage you to do, go to my Twitter page, @BrookeBCNN.

We will be right back.

(COMMERCIAL BREAK)

[15:24:14]

BALDWIN: Now to the state of emergency in Florida, as Tropical Storm Erika veers towards the state.

Big concern there, flash floods. Erika already has battered the Caribbean, turning streets, as you can see, into raging rivers, 12 deaths blamed thus far on Erika, and more than 20 people are still missing.

The screams of onlookers as a school gives way to the storm's destructive force. And now I want you to look at this, long lines for gas. These are gas stations. This is the Miami area, people trying to make sure they have a full tank before Erika hits them.

(WEATHER UPDATE)

[15:26:51]

BALDWIN: Coming up next: charges dropped against a police officer who had been on trial for manslaughter in North Carolina in the death of an unarmed man. That ended just a week ago today in a mistrial -- what the attorney general has now said today about why he will not try this case again.

(COMMERCIAL BREAK)