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Legal View with Ashleigh Banfield

Attorneys for Dennis Hastert Say He Will Enter Guilty Plea in Hush Money Case; Church Members Charged in Death of Young Man in Counseling Session; Lamar Odom Comatose, Fighting for His Life. Aired 12:30-1p ET

Aired October 15, 2015 - 12:30   ET

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


[12:32:48] ASHLEIGH BANFIELD, CNN ANCHOR: Breaking political news. Political and criminal, believe it or not. Former House Speaker Dennis Hastert, his attorneys just saying that intends to plead guilty in that federal hush money case.

They say they've reached a plea agreement. Hastert allegedly used money to pay a man to keep quiet about decades old sex abuse allegations, sources tell CNN.

With us, our Legal Analyst Paul Callan, I also want to bring in CNN Investigations Correspondent Chris Frates.

So give me a bit of the rundown as to and remind us because it's been a few months since this all broke. What would Dennis Hastert facing, for what reason, and what's the story about the plea deal?

CHRIS FRATES, CNN INVESTIGATIONS CORRESPONDENT: So Ashleigh here's the story, attorneys for Dennis Hastert told a judge in federal court this morning as the former speaker of the house has reached this plea deal on charges in the hush money case against him. Prosecutors have charged Hastert with lying to the FBI, about $3.5 million he agreed to pay to cover up past misconduct.

But remember the identity of the individual Hastert paying was never disclosed in the indictment against him. But sources with knowledge of the investigation told CNN back in June that the former high school wrestling coach was paying a former student to keep quiet about allegations of sexual abuse dating back to Hastert's time as a high school teacher.

Now, the U.S. Attorney's Office in Chicago tells me that prosecutors will send a draft of the plea agreement to the judge by Monday for his approval. But that draft will not be made public until a final version is presented in October 28 hearing in Chicago. That's also when Hastert is scheduled to appear in court to enter his guilty plea.

And Ashleigh the plea deal that Hastert avoid a public trial that would've likely seen all kinds of dirty laundry aired, including the identity of the former student and why Hastert was paying him in the first place. But it's important to underscore here Ashleigh that Hastert was never charged with any sexual misconduct. But rather, hiding and lying about the payments he was making to cover up alleged past misconducts. And those are the charges of plea agreement has been reached on, Ashleigh.

BANFIELD: I'm glad you ended with that, Chris, because the official charges structuring with regard to the bank payments and the withdrawals that he made to allegedly pay that hush money and then making false statements to federal agents.

[12:35:04] It is never a good idea to lie, anybody but especially to federal authorities. And that's for Paul Callan comes in.

So these also carry with them very stiff penalties because it's all relative but any penalty for me in a federal jail and the federal prison is that five years each, $250,000 each.

Two questions for you. Number one, what do you think he will get in return for pleading? And, number two, do you really think we will never know what these details are and who this individual "A" is that he was allegedly paying hush money to?

PAUL CALLAN, CNN LEGAL ANALYST: Well, you know, I think we'll know probably a little more than we do know now but you won't know from this court proceeding. You going to read about it in the tabloid press, it was well discussed. He was the wrestling coach at a high school. The person he was paying $3.5 million to...

BANFIELD: A lot of money.

CALLAN: Was a male student from that high school. So, you know, put A and B together and you come up with, you know, a relationship situation and maybe that he was being blackmailed.

BANFIELD: It's very long story you need to hush but...

CALLAN: Never ever charged with that.

BANFIELD: Will he possibly see prison time?

CALLAN: I suspect he's not going to see prison time. And if he does, it will be a very, very small amount because he's probably going to plea to lying to the FBI.

Now, what's he lying about? He's lying about banking transactions. He started to withdraw $50,000 in sequential amounts. And a banker said to him, "We have to report that if you continue," then he was using the money to pay off this kid.

He then reduced it to, like $9,900 because you only have to report it if it's $10,000 or more. But if you deliberately plan to do that, that's a problem.

BANFIELD: You mean Paul Callan, he made those false statements to the authorities, which is exactly what Martha Stewart did and she saw the inside of a cell for that.

CALLAN: And I was just doing some quick research on what recent sentences have been. Remember, we're in Illinois. There's a lot of political corruption in Illinois. And people generally don't go to jail for one lie, all right, in Illinois or in other places.

So I'm betting he won't go to jail. The only reason he might is because he's former speaker of the house.

BANFIELD: Well maybe we will find out October 28th which is when a plea is supposed to be entered.

Paul Callan, thank you. Chris Frates, thank you also for your reporting on this.

Coming up next, one brother is dead from blunt force trauma and the other brother is badly hurt and all of this apparently happening inside a church.

The boy's parents and another family member and other church parishioners are now under arrest.

What happened inside that church?

[12:42:08] BANFIELD: Police say a 17-year-old boy is in serious condition in the hospital. His 19-year-old brother is dead. Beaten to death after what's being described as a violent counseling session at a church in upstate New York.

Six people are now facing charges including the teenager's mother, seen here, in one of her court appearances and the teen's father, right behind her.

His sister also is one of those arrested. Police say apparently this group beat those two brothers, trying to make them confess their sins.

The father has pleaded not guilty, all of this apparently allegedly happening at the World of Life Christian Church in New Hartford, New York.

Neighbors described it as a cult, saying they heard chants and drumming sometimes late into the night. And now we are learning more about what it is like inside that church.

A reporter for the Syracuse Post-Standard describes the bathrooms as labeled Adam and Eve. And rooms in disarray, a half eaten sandwich and cold coffee left out as though people left in a hurry.

Also, a notebook with scripture and writings left open on a table.

Joined now by Police Chief Michael Inserra who the new Hartford police.

Chief, thank you so much for being with me today.

I have heard of counseling sessions that have been unusual before, even violent. But it is rare when you hear of a church counseling session that leads to death and hospitalization.

What more can you tell us about what these two brothers were being counseled for? MICHAEL INSERRA, CHIEF, NEW HARTFORD POLICE: You know, all that we have been told right now during the course of the investigation is that the church membership was going to hold a counseling session for the Leonard family, specifically for Lucas and Christopher, in regards to those spiritual state.

BANFIELD: But what does that mean with regard to their spiritual state? Were they questioning their membership in this church? Were they being pressured to stay within this church? Can you help me understand what possibly could've led to this kind of assault?

INSERRA: Well, that's the question that we're trying to answer. And I think that's going to give us the motive that we want to try and explain on why this assault occurred.

But right now, it is part of the investigation, I can't delve any deeper into it.

BANFIELD: So there are a number of people who have been charged, not only Bruce and Deborah Leonard, the parents, but also a sister and other members of the church.

Are any of these people talking to you in hope that perhaps it will lessen the treatment they get at the hands of the criminal justice system?

[12:45:12] INSERRA: Well, at this point, you know, we've made numerous arrests. We've made six arrests. We arrested the parents obviously. And they were not very forthcoming with the information through the early parts of the investigation.

Since the arrest, everybody has been assigned counsel by the court. And we'll deal with the assigned counsel to attempt to give the defendants another chance to explain further exactly how the situation occurred, why it got so out of control. What's the purpose of this meeting was.

BANFIELD: Chief does it seem clear at this point maybe one or two or more parties are the most responsible for the injuries that these boys sustained and then the death of one of the brothers?

Does it look like there might be one or two more to blame than the others?

INSERRA: I can't answer that yet, that is part of the investigation. But no, to be quite honest with you we can't say if it just one or two parties that the majority of the inflicted the majority of the injuries.

But again, we will get that answer. It's an ongoing investigation. And we will pursue every lead we have.

BANFIELD: Chief Inserra, thank you so much for taking the time to be with us, I appreciate it.

And coming up next, an update on NBA champion Lamar Odom who was found unconscious out of Nevada brothel and is now clinging to life, you are going to hear the 911 call that sheds a little bit of light on what happened inside that brothel.

(COMMERCIAL BREAK)

[12:51:02] Two-time NBA Champion Lamar Odom is fighting for his life with his estranged wife Khloe Kardashian at his bed side in a hospital in Nevada.

Tuesday afternoon Odom was found unconscious at the Love Ranch brothel in Pahrump Nevada.

The brothel's employees made several phone calls to 911, including this desperate plea for help.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: 911, where is your emergency?

UNIDENTIFIED FEMALE: I'm at the Love Ranch at 300 Appaloosa Lane. I just called and they said they were going to send somebody out, but I just wanted to let them know that they need to hurry, please because he's got blood coming out of his nose, white stuff coming out his mouth. They can't get him to wake up. He's like almost not breathing.

UNIDENTIFIED FEMALE: OK, is he conscious?

UNIDENTIFIED FEMALE: Excuse me?

UNIDENTIFIED FEMALE: Is he conscious?

UNIDENTIFIED FEMALE: No.

(END VIDEOTAPE)

BANFIELD: It was through the 911 call that we heard Odom had used cocaine on Saturday and over the course of three days.

He supposedly also took ten tabs of a sexual performance enhancer supplement. The woman who brought Odom to brothel said he told her he just wanted to get away, no phone calls, just rest and relaxation, an escape that doesn't sound surprising when you consider all that he has battled over the years.

Our Randi Kaye looks at the triumphs and the turmoil.

(BEGIN VIDEOTAPE)

RANDI KAYE, CNN CORRESPONDENT: Lamar Odom seemed to have it all. A famous wife, a reality show and two NBA world championship rings earned during his two seasons with the Los Angeles Lakers.

But inside, there was turmoil which only got worse after he and reality star Khloe Kardashian separated back in 2013.

The couple had their own reality show, "Khloe and Lamar." LAMAR ODOM, FORMER NBA PLAYER: I want to get married right now.

KHLOE KARDASHIAN, LAMAR ODOM'S ESTRANGED WIFE: You would marry me.

ODOM: I would do it right now.

KAYE: In 2013, Odom was pulled over for drunk driving. After a short stint at rehab for drug and alcohol addiction, rumors of infidelity and drug use continued.

KARDASHIAN: I'm really on high alert for Lamar because, I mean, anything, I think, will set him to spiral and that's kind of the last thing I want for him.

KAYE: Odom spiraling may have started early on. His life marked by so much sadness. His father was a heroin addict who left when Odom was young.

He was just 12 when his mother died of cancer. He tried to focus on basketball.

ODOM: I won't get too caught up in that. I'll just go out and play my game and help the team and I'll play from there.

KAYE: In 2001, Odom was suspended for five games after violating the league's anti-drug policy.

ODOM: I'm disappointed in myself for not handling myself correctly, for letting the people that's close to me down.

KAYE: Two years later in 2003, he spoke to the Miami Herald about marijuana saying, "I just couldn't control myself in L.A. The lifestyle that I was living and the things I had access to. A lot of times I'd think about it and say, damn, am I fighting my father's demons."

But those weren't the only demons. In 2006, Odom's infant son from a previous relationship died of sudden infant death syndrome.

In July, 2011, his cousin was shot and killed. Also, two of Odom's closest friends died of drug-related causes. At that time, Odom told the L.A. Times, "Death always seems to be around me. I've been burying people for a long time."

Whatever demons he may have been fighting seemed to have appeared again Tuesday afternoon when Odom was found unconscious at Love Ranch brothel in Crystal, Nevada, about an hour's drive from Las Vegas.

The owner said Odom had called him Saturday to arrange a visit, describing Odom as a bit somber. When two women went to check on him, they found him unresponsive and called 911.

[12:55:00] DENNIS HOF, OWNER, LOVE RANCH BROTHEL: 911 said, put him on his left side. And they did, started throwing up. He was still alive. Ambulance came. Police came. They immediately said this is not looking good. KAYE: The emergency crews tried to airlift him to a Vegas hospital. But the 6'10 Odom was too tall to fit into the helicopter. He was driven by ambulance to another facility.

Randi Kaye, CNN, Las Vegas, Nevada.

(END VIDEOTAPE)

BANFIELD: And as Lamar Odom battles for his life, we're getting some new details about who is calling the shots in that hospital room. It's Khloe Kardashian.

You've probably heard she filed for divorce from Odom back in 2013 but the couple didn't actually sign the divorce papers until this summer. Signing isn't the end though.

A source tells us their divorce has not been finalized, meaning that Khloe is the one who can literally make the medical decision.

Reverend Jesse Jackson says Odom is right now is on life support and says he visited him in the hospital and spoke with Carol Costello this morning about Odom's condition.

(BEGIN VIDEOTAPE)

JESSE JACKSON, VISITED LAMAR ODOM IN HOSPITAL: He's very sick. He needs lots of help. And whatever led him to that point, God has a way of getting our attention. But he's down now. And let's lift him up. The ground is no place for a champion. And let us reach for that championship spirit within him to fight back.

He is fighting for his life. It seems to me that all that really matters now is the fight for his life and pray to God will spare him. Let God's will be done.

(END VIDEOTAPE)

BANFIELD: The Kardashian family is echoing his pleas for prayer. Khloe's mother Kris Jenner posted on Instagram, please pray for Lamar #ourfighter.

The situation and the medical decisions that go along with her are tough for any family to make, much less a woman who is waiting for her divorce to become final.

For the legal view, I want to bring in CNN Legal Analyst Paul Callan and HLN Legal Analyst Joey Jackson.

Guys, can Khloe Kardashian, the current legal situation she's been with her husband, actually make an end of life decision for this man?

CALLAN: I think this is the thing that everybody wants to know. And it really depends on that divorce situation in California.

They agreed to get divorced. They signed the divorce papers. But the final order issued by the judge hasn't been filed in California. So she remains the spouse. And the spouse generally has the right to decide for the husband unless of course and Joey will talk about this, there's an advanced directive or a health care proxy in place.

JOEY JACKSON, HLN LEGAL ANALYST: Right, yeah, and what ends up happening Ashleigh is certainly there's an hierarchy in terms of what decisions are made. And, you know, before getting further into this, may he get better, may he be better. Certainly our thoughts and prayers are with him.

But, you know, what ends up happening Ashleigh, is the wife certainly would call the shots. And then there's a hierarchy, in the absence of a wife, it would be adult children, that he doesn't have. And then it goes to siblings et cetera.

But there's also something and it speaks to larger implications of really family planning. And there's something called a living will. And in the living will, what you do is you specify what your intentions are in advance if anything happening to you.

So goodness forbid, you become incapacitated, a living will would specify what you want done. We don't know if there's one here. There's also something called a health care proxy. And what you do with that is you could appoint an individual to make medical decisions because you can't, you're incapacitated.

BANFIELD: So ultimately someone has to make some medical decisions.

JACKSON: Right.

BANFIELD: ... even if it's not an end of the life decision and ultimately, that would be Khloe as well.

CALLAN: I think it will be Khloe. And people have to understand as well that even if you have a health care directive, there's a lot of decision making that the doctors and whoever your guardian is, you know, that goes into place.

So it's hard to specify every situation in a health care proxy. And as to whether extraordinary measures will be used here. We're not going to know because we don't know if one's in place.

JACKSON: We don't know and if there's any dispute in terms, you know, her still being the wife of course it could be a court proceeding which would be expedited and a guardian is generally appointed and that guardian would make medical decisions for him.

But that's pretty much legally how it goes. Let's hope he's OK.

BANFIELD: Sort of an astounding situation. But I guess a cautionary tale for all of us. This is not something that's difficult to do. You can set up your own end of life planning. You can do it online for heavens sake, right?

JACKSON: You know, what happens Ashleigh, I think what happens is when you're younger, he's 35, you're really not thinking of the larger implications, if you look, you know, there are people who are older who do these things, who go to an states lawyer.

CALLAN: But anybody can go to the Department of Health website. In their state, there's one right online. It takes you about 20 minutes, 30 minutes to fill it out and you'd have one.

JACKSON: Because car accidents happen every day, tragic incidents, you know, happen every day. Things like this could happen. And so you don't want to leave it to chance.

BANFIELD: Paul Callan, Joey Jackson, thank you both, appreciate it. And again, our prayers to go out to that -- to those two families, appreciate that.

Thanks for watching, everybody.

Just a quick note, to -- stay with my colleague Wolf Blitzer in CNN because Wolf is going to be speaking with presidential candidate Senator Rand Paul.

[13:00:04] He's going to have that interview. Not only that, he's probably going to ask him, does he plan to stay in the race?

Poll numbers are kind of low. You'll find out in a moment.