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Legal View with Ashleigh Banfield

Virginia Governor Speaks on Shootings; NH Jury Debating School Rape Case; Consecutive Life Sentences for James Holmes; State of Emergency in Florida. Aired 12:30-1p ET

Aired August 28, 2015 - 12:30   ET

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

GOV. TERRY MCAULIFFE (D) VIRGINIA: And I just think that's a common sense, you know, vast majority of American support.

(CROSSTALK)

[12:30:14] UNIDENTIFIED MALE: ... Gardner (inaudible) who had push any or a knife. So what do you think (inaudible).

MCAULIFFE: Even if we do move forward and can get some safe common sense gun restrictions you're still not going to stop all the violence. This individual had gone through a background checks.

So the point is, you're not going to stop all violence, you're not. The point is, are we doing everything that we possibly can to keep our community as safe as possible.

If we could have background checks in one individual, next week, next month or next year is prohibited from buying any firearm and we save a life that is worth doing at. So I'm trying to look at this in the broader perspective of what we should be doing. And as I say this is common sense and it's a right thing for Virginia, it's a right thing for our nation. We have as you know if you go to a gun show there are big signs and certain booths that say come buy your gun here we don't do background checks.

Why would you need a sign like that? To me common sense, spend a two or three minutes, two or three minutes for any individual. You walk into a bar, you have to hand over your license and we check are you old enough to buy a beer. And yet we don't require that for an individual who could go out and purchase a firearm.

So but, you know, my message today and why I'm here today with Dorothy is really want of sympathy to the stuff here at WDBJ, their courage, but also to the community here at large. And I would also like to say finally, I want to thank all the law enforcement personnel who were involved. The Franklin County sheriffs, Virginia State Police obviously now we're in today that this individual had a lot more ammunition and a lot more intent to hurt a lot more people we believe.

And I just want to thank the law enforcement team who were able to stop this individual before one other individual before one other Virginian was hurt. So I want to thank them, I do want to reach out the Roanoke community to the folks at Smith Mountain Lake, Dorothy and I had just come back from Smith Mountain Lake. We had just spent a week there with our five children. We'd running out boats from Roy and Mary at the Bridgewater Marina.

So we just want to come here today and say, the common wealth of Virginia we're grieving. But I want you to know that we will be there for you in the future.

UNIDENTIFIED MALE: Thank you.

MCAULIFFE: Thank you.

UNIDENTIFIED FEMALE: Followup on that can you take this up here (inaudible)...

MCAULIFFE: Well we as we heard today there was more ammunition in the car, he had more self addressed envelops. So, you know, we clearly can't get into his mind and we can't find on exactly what's planning to do. But obviously there were some bad intentions and I'm just, you know, I'm just thankful our law enforcement did it in the manner that no one or individuals were hurt.

UNIDENTIFIED MALE: Thank you.

MCAULIFFE: Thank you.

ASHLEIGH BANFIELD, CNN ANCHOR: And you're seeing the search inventory list right there, as Governor Terry McAuliffe of Virginia with his wife Dorothy leave the live microphone that were setup outside of WDBJ a television station in Roanoke, where Adam Ward and Alison Parker were employed before they were murdered gun down live on television two days ago with the governor talking about the efforts now to fight an outfield battle many people consider in terms of the universal background checks for gun purchases.

This is also something you should know if you had not witness this that Alison Parker's father Andy Parker has been television for all within hours of his own daughter being murdered advocating for universal background checks trying to keep guns out of the hands of the mentally disturbed. Despite the fact he said, he's a gun owner himself as did the governor.

You're seeing Chris Hurst right there in the blue shirt, this is the boyfriend of Alison Parker. He's also one of the main anchors at WDBJ, he's been also talking a lot about his girlfriend and what the loss is meant for not only him but also the staff there at WDBJ.

Again that governor having met with the staff inside the station just earlier today as we were hearing just earlier on this program and came out to address the public.

89 people a day, 89 people a day across this country lose their lives the same way that Alison and Adam did a bullet from a gun. Is this going to make any difference what happened this week? [12:35:02] We're going to talk a moment, talk about that a little bit later on, we're also in a moment, I'm going to check in on the Hilary Clinton event she's about to speak live at a democratic national committee event.

The microphones are ready we are too, quick break.

(COMMERCIAL BREAK)

BANFIELD: Right now, at New Hampshire, nine men and three women are deliberating the faith of a prep school graduate who's accused of raping a freshman girl when she was 15 and he was 18.

Owen Labrie admits that he sought that girl out for what's called a senior salute. By his definition of senior salute is a tradition where senior boys try to "spend more time with younger female students before graduation."

In some cases that means sex. But Labrie denies that he had sex with his accuser even though she her name was on a list that he titled still at large with her name in all capital letters.

Now in -- this next sound piece you're going to hear, here name is flipped out because she's a minor and we're not identifying her.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: This list was just the girls that he wanted to spend time with.

OWEN LABRIE, DEFENDANT: It was also girls that Tucker and I thought were cute.

UNIDENTIFIED MALE: And just wanted to spend time with them.

LABRIE: Yeah, maybe, yeah maybe not. Some of these girls definitely but it was a range.

[12:40:06] UNIDENTIFIED MALE: A range of what?

LABRIE: Some of these girls, we know have interested in. Others were friends of mine that we wanted to make sure we spend more time with for the end of the year.

UNIDENTIFIED MALE: The range would include being interested in having sex with them, correct?

LABRIE: Yes.

UNIDENTIFIED MALE: With one of them, wasn't she.

LABRIE: Yes, she's on the list.

UNIDENTIFIED MALE: And she was on the list because you wanted to have sex with her.

LABRIE: No.

(END VIDEOTAPE)

BANFIELD: Well the jury had to take all of that.

And Boris Sanchez has been taking all of that in as well. Interesting when he answered the question there was a range of activity. But ultimately had to admit Boris that sex was a consideration just he says not with this girl.

But the jury has asked some questions. This is always fascinating if you're reading the tea leaves during deliberations. But are they letting us know what the questions are?

BORIS SANCHEZ, CNN CORRESPONDENT: They are not Ashleigh. I'll get in to that in a moment. The jury has been deliberating for seven and a half hours right now. We'll walk for them to contemplate after closing arguments yesterday. And they're looking nine charges that they convict Owen Labrie on.

Those nine include three charges of aggravated sexual assault, felony of sexual assault. Other felony charge of using an online service to lure the accuser, those are the Facebook messages you might recall that they exchange to arrange their encounter.

He's also looking at three misdemeanor sexual assault charges, those are because of the accusers age. Remember when this happened she was 15, the age of consent in New Hampshire is 16-years-old. He's also looking at other misdemeanor for simple assault and lastly a misdemeanor for endangering the welfare of a child as you mentioned in the past hour we heard from a source close to the proceedings here. The jury had some technical questions for the judge. But those questions are being handled behind close doors, so we already have indication as to what the question were, maybe with specific charges they were asking about no indication yet. We're working to get more information on that soon Ashleigh.

BANFIELD: OK, Boris Sanchez, just keep us posted if there's peep from that jury and certainly Friday's yield a lot of verdicts. So we'll be watching this closely. Thank you, Boris.

There are cases and there are trials that you just simply cannot erase from your memory no matter how hard you try.

Just ahead the prosecutor leaving the trial well before hand and during of convicted theater shooter James Holmes is going to join us live. Just imagine for a moment what his life has been like with his head buried in this case and all of its sickening details for three years.

(COMMERCIAL BREAK)

[12:46:30] BANFIELD: Life in prison and for good measure an additional 3,318 years consecutive that's the sentence that a Colorado judge gave to James Holmes, the man who killed 12 people and wounded 70 others in that crowded movie theater in Aurora Colorado, July 2012. That trial lasted for three months and the judge certainly did seem relieved to get James Holmes out of his sight.

(BEGIN VIDEO CLIP)

CARLOS SAMOUR JR., JUDGE EIGHTEENTH JUDICIAL DISTRICT COURT: If there was ever a case that warranted the maximum sentences, this is the case.

One of the victims yesterday said the defendant doesn't deserve any sympathy, I wholeheartedly agree.

The defendant does not deserve any sympathy. And for that reason, the court imposes the maximum sentences that the court can impose under the law.

Is there anything else from the people? Anything else from you Mr. King? All right sheriff get the defendant out of my courtroom please. Thank you.

(END VIDEO CLIP)

BANFIELD: That is the applause that we were hearing.

We do cover a lot of trials here on this program it is called legal view. But some cases really do stick with you, the details.

For us it's the stories of the 12 lives that were lost and to 70 others that were forever changed. The youngest victim was just 6, Veronica Moser Sullivan.

Her mom Ashley was pregnant and lost the baby. And Ashley was also paralyzed by James Holmes' bullet.

During Holmes sentencing in the trial that happened earlier this month, Ashley remembered her little daughter whom she had when she was just 18.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: How are you different after the murder of your daughter?

ASHLEY MOSER, THEATER SHOOTING VICTIM: Very different. Just deal a lot of with depression and anxiety.

UNIDENTIFIED MALE: Tell us more about that.

MOSER: It was -- I don't know who I am anymore, because I was a mom when I was 18. And that's all I knew how to be. And now I'm not a mom.

(END VIDEO CLIP)

BANFIELD: In case you didn't see that Ashley was at the witness stand in her wheelchair which she now uses everyday. You can hear the sobs in the courtroom that day even from the jurors. And you may think that after all that time and all the pain that he caused, James Holmes would want to publicly apologize, I don't know say something. No.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: And what is your decision in terms of whether you wish to make an allocution statement?

JAMES HOLMES, AURORA SHOOTER: I do not want to make a statement.

UNIDENTIFIED MALE: So you do not want to make an allocution statement is that correct?

HOLMES: Yes.

(END VIDEO CLIP)

BANFIELD: Watching a lot of that trial was gut wrenching for the journalist, for the people in the courtroom, for everybody.

But the prosecutor whose name is George Brauchler had to leave this case not just for the trial, for the three years since the crime. And he made his personal quest to get justice for everyone of those 82 victims.

[12:50:04] He joins me now live from Denver.

Sir, thank you very much for taking the time to speak with me about this case, you know, this is one of those cases where unless you were present for everyone of those victims impact statements. You have no idea how incredibly painful and damaging these murderers' crimes were.

And I look at you who's had to pre-interview and speak with probably everyone of those victims, well before trial and live with this evidence on your desk everyday. And I wonder if you just move on from that George, if you can just go forward with your next case like its any workday.

GEORGE BRAUCHLER, PROSECUTOR IN HOLMES TRIAL: No, I don't think I can. I mean listen we start a jury selection on this case January 20th of this year and in case wrapped up about almost seven months later and you're right it's started way back on July 20th, 2012 frankly before I was even the elected district attorney.

But along the way, you absorb through sight, through sound conversations a lot of the hints of the pain that you see. But you can't really know what they're going through. And honestly there's a blessing there. I don't want to know. I mean it's looking down a bottomless pit and you see it go down, you see it dark but you don't really know how dark and how deep.

And even today I don't have a true sense of it. But, you know, I found myself, I feel like a veteran prosecutor, I'm not been doing this over 20 years, every kind of case you can imagine. And I could not help getting chocked up just talking to Ashley in that setting. You were mercifully, you only play the parts that I didn't get chocked up on.

But it was hard, I mean I have a 5-year-old at home along with three other kids. And to think of a woman who walks in to a movie theater the pregnant mother of a 6-year-old and has carried out none of those things. I mean that that just sticks with you. And that's just one victim, I mean there are so many more victims more than you even heard during the sentencing in fact we could have charged everybody in that theater 400 people as an attempted murder victim. But the case would've become much larger and even more on wheel they handle. But you heard people who live in the apartment he tried to blowup. You heard from people who were there that have to go see counseling even though no bullet touched them.

Now, this is something that has murd a beautiful, wonderful community, Aurora Colorado, and it's something I hope that they get pass. And I hope that this trial help to sort of do that.

BANFIELD: Can I ask you just a quick question and that is, look 3,318 years on top of all of the life sentences as well consecutive. I know you said you wanted to get justice for every single person who was afflicted by this crime. But are you terribly disappointed that it is not a death penalty resolution?

BRAUCHLER: Couple of things, well I am disappointed that it wasn't death. I thought it was a death case, I thought of any case in my experience in our states history cried out for that ultimate sanction it was this ultimate crime. But having said that I'm also a true supporter of the limitations placed on government and I wanted to be difficult for the government to take the life of a citizen. I don't about this difficult, but I do appreciate that. And so I'm disappointed. But, you know, from the standpoint of giving the biggest sentence in the history of Colorado on the fourth largest sentence in the history of the country, there is something to that that is justice.

I mean to put that in perspective if this guy started serving his sentence at the time of King Tut he would just now be starting the first of his 12 consecutive life sentences.

There isn't medicine or karyogenesis available that's going to keep him alive through this. And I think for a lot of the victims in this case, the idea that he would never take a breath again outside of a prison wall, the idea that their particular crime was captured in that sentence. I do think there's a feeling of justice amongst them.

BANFIELD: Did you -- I understand physically how the defense table prosecutor's tables are setup in that courtroom. But did you ever get the opportunity to look him in the eye and if you did what did you think and what did you feel?

BRAUCHLER: I did that's a great question. Through much of the trial when I was conducting examinations a cross examinations I was kind of lateral to him. And I could see him straining to look over at me, without turning his head. He didn't want to show that part of him to me.

But when I was doing closing arguments probably for the first time there's a couple shots in there, where I backup so that I'm directly inline with him and I'm pointing at him and we lock eyes and there is a guy that is completely present and aware in the moment.

And that's something else that you didn't get to see watching this on camera. My guess is Ana Cabrera did she was there almost everyday. But he had a game face. When the judge was in the courtroom and the jury was in the courtroom and the camera was on, he sat just like you saw him. But when they were gone the camera was off, he would turn to his counsel they'd have a little conversations, he would chuckle, he would even laugh sometimes when the deputies were bringing him in, he was just a different once the camera was on.

[12:55:15] BANFIELD: Sick as he may have been. He was a very educated young man.

Mr. Brauchler thank you so much for taking the time, thank you for your services as well in that courtroom and I wish you strength as you move on out of these awful, awful stories and memories and I hope we meet in a different circumstance. Thanks George.

BRAUCHLER: I do too. And thanks for covering this case the way you did. It was a real value to the public, thank you.

BANFIELD: We're going to leave our viewers with some pictures of the people who really matter in this case. And that involves those who lost their lives and were injured in this horrible shooting.

(COMMERCIAL BREAK)

WOLF BLITZER, CNN ANCHOR: Hello. I'm Wolf Blitzer. It's 1:00 P.M. here in Washington, 6:00 P.M. in London, 7:00 P.M. in Budapest, wherever you're watching from around the world thanks very much for joining us.

We start with the state of emergency in Florida, its Tropical Storm Erika makes its way closer to the United States.

President Obama is now been brief on preparations here in the United States and theme has role of Caribbean with the storm has already cause devastation and death. At least 12 people are dead and 20 others still missing on the Caribbean Island of Dominica. Massive flooding caused this scary scene watch this.

That's a school building buckling under the rush of flood waters. We can see similar scenes across the Caribbean as the storm moves west.

[13:00:02] Our Jennifer Gray is in the CNN Severe Weather Center she is joining us now from the CNN.

So Jennifer where is the storm now and where is it expected to go?