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Legal View with Ashleigh Banfield

Examining the Fighting in Iraq; Latest on the Las Vegas Crowd Assault; Date Set for William Porter Retrial in Freddie Gray Case. Aired 12:30-1p ET

Aired December 22, 2015 - 12:30   ET

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


MARK HERTLING, CNN MILITARY ANALYST: ... ISIS has probably laid mines in buildings and laid explosive devices through out the streets and inside the houses that are going to cause a lot more casualties. But I think you're going to see in Iraqi security force and Iraqi government that comes out of this a lot more confidence than when they went in.

[12:30:17] ASHLEIGH BANFIELD, CNN ANCHOR: Just so sad to think of this week, of all week holiday week how many people, how many innocent people are about to die in the effort to recapture the city.

General Hertling, as always thank you for the insight and of course for your service, and Barbara Starr, thank you from the Pentagon as well.

Two of the six U.S. troops who were killed in Afghanistan yesterday were from New York. We know one of their names; I showed you that picture on the cover of the New York Post, Joseph Lemm, Sergeant Lemm.

He also happened to be a New York police detective, just made detective in fact. He had three different deployments at the Air National Guard and he was a veteran of the New York Police Department.

He leaves behind a wife and two children. I want to show you this video. It was an emotional homecoming for Sergeant Lemm back in 2013 when he came home to surprise his family.

(BEGIN VIDEO CLIP)

CHRISTINE LEMM, JOSEPH LEMM'S WIFE: I am shaking right now. I can't even believe that daddy is home. And I have my family back, and I'm speechless. I'm sorry, I'm just speechless.

JOSEPH LEMM, STAFF SGT.: I'll spend time with the family, of course, the little guy, he got bigger and little heavier. I can't wait for the pizza and a nice burger -- American burger. You can't go wrong with that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BANFIELD: Today the district attorney is expected to file a criminal complaint against a woman accused of plowing her car into a crowd on a sidewalk in Las Vegas strip area. 24-year-old Lakeisha Holloway is facing the most serious of charges, murder, murder with a deadly weapon.

[12:35:10] She's also facing child abuse or neglect that's a felony. Her 3-year-old daughter was in at the car at the time she allegedly hit all of those people, and then allegedly left the scene of the accident, also happens to be a felony.

She is expected to appear in court again tomorrow. And police say this crash was intentional. But as far as the motive, they have no idea at this point or at least they are certainly not letting on. And it is especially startling when you hear about her background.

She was once honored for turning her life around. Have a listen to what she said. Just back in 2012, it was a video that was produced by the Portland Opportunities Industrialization Center, a group that helps at risk youth with education and career training.

(BEGIN VIDEO CLIP)

LAKEISHA HALLOWAY: My mom always tried to do what was best for my sister and I, as a single parent with an eight grade education. It was all a struggle for her and later down in line it became all too hard for her. She drank more and cared less. I will never hold any of the hits and misses against her, but as a result of things becoming too hard for her, I became homeless. I was scared out of my mind, because no one I had known successfully graduated or completed high school.

During my freshman year in school, my mom put me out and that will be the last time I lived with her.

As a result, my grades and attendance suffered and by the end of my freshman year, my GPA was 1.41. And needless to say, I beat the odds and was the first in my immediate family in circle to graduate high school. Not only did I graduate I left with a 3.40 and $17,000 in scholarships.

In addition I was the first in my family to go the college.

Being homeless and on my own taught me how to stand on my own two feet. Not only did I manage to beat working dead end jobs that I had see my mother struggle with, but I manage to land a federal job by 21.

And now that is what I call living the grand life.

(END VIDEO CLIP)

BANFIELD: Our Ryan Young is standing by live reporting on the story from Las Vegas. Ryan I'm sure that you were as shocked as the rest of us seeing that video of such an accomplished young woman. It doesn't seem like this is the woman we're talking about who is facing murder for what happened on the Strip.

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Not at all. A difficult story, and about an hour ago I talked to a family spokesperson who said they are also just at a loss for words for this. And they are saying their prayers throughout to the families who were involved in this tragic event that happened out here. And of course we are focusing on her, because we have not had a chance to learn more about the victims just yet. We're hearing bits and pieces about some of the victims.

We do know that three people are still in critical condition, three others are in serious condition, and you have to understand all of these people walking on the Vegas strip, and obviously a car coming off the side of the road just plowing into them, was a big surprise to a lot of people. But talking about to those family members, the idea that they were so shocked by this, they are still trying to piece together what exactly happened. They said there were no signs that this would happen. And in fact they're even wrestling with the fact that here being called homeless by the Sheriff's Department here, and that she was just traveling from Oregon area down maybe to Texas to find the father of her child. She stopped here to rest, and apparently, she stopped at several different parking lots where security guards kicked her out, and at some point she turned her to the Las Vegas Strip, and aimed her car at several different people.

We talked to a doctor whose wife said watched the people fly in the air like bowling pins. And you can obviously understand the heart breaking situation that people run to the scene to try to help everyone. But for some people, it was just too late that deputy can do obviously where her car goes barreling off of the street.

Then she turns herself in to a security guard and you'll hear this 911 call where it almost sounds like everyone is astonished that she's just turning herself in after this happened.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: It looks like security was trying to chase down the vehicle. It's a gray four-door sedan. We have a female driver.

UNIDENTIFIED MALE: Control, there are units southbound. We need the units to go back northbound, eastbound and westbound. I'll be returning to the scene. The scene goes as far as down to Bally's with people all over the door.

We're going to need somebody to shut down traffic at Harmon.

UNIDENTIFIED MALE: It struck people in front of Planet Hollywood, and then over toward Paris, and then struck into a fence, and continued northbound after that.

UNIDENTIFIED FEMALE: A female is with security advising she just hit several people on the Strip and she wants to turn herself in.

UNIDENTIFIED MALE: We're taking her into custody.

(END AUDIO CLIP)

YOUNG: Ashleigh, I know just like you would, you're on the phone with the family spoke person and you want to ask those questions about mental health. What is going on with her life, any kid of clue to give anyone an idea about why this happened? And honestly I can tell you at this point, there are no real answers for that. And of course the family is saying they hopefully will talk tomorrow after this court date. That obviously can understand that so many people here are wondering why this car would come off the side of the road with a child over the inside, aiming and hitting all these people right before holidays.

[12:40:14] BANFIELD: It's just unbelievable, I'm sure that competency will be a big issue in those first appearances. Ryan Young, live for us, thank you for that.

The person killed in the crash that Ryan was just reporting on, is now have been identified.

And she's 32-years-old Jessica Valenzuela. There's a picture of her in better times. A married, mother of three girls, from Bakay Arizona, her brother spoke with our affiliate KTVK KPHO on the phone.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Very huge blow. It was their 10-year anniversary this month, and I guess that Axel, her husband surprised her with a Vegas trip. She was just wonderful, you know, a mother, a good mother, a good sister, a good wife just an all-around good person, bubbly personality.

(END VIDEO CLIP)

BANFIELD: Jessica's sister-in-law has set up a GoFundMe page to bring her body home. And we have an update as well on some of the other victims of that terrible accident. Three patients are in critical condition, two of them are in serious condition at the University Medical Center of Southern Nevada.

All, in all, 35 people total were injured, just a remarkable series of events. We'll continue to update you on their conditions.

And in other news today, on LEGAL VIEW, William Porter was the first Baltimore police officer to be tried in the death of Freddie Gray, but by now you probably know that did not work out. It was declared a mistrial.

So now he will be the last. He'll be the last to be tried, six in total trials. And today, the judge approved the date for William Porter's retrial. It is set for June 13th, next year, 2016 that after the rest of these five will have their days in court, separately. It is a move that could seriously challenge the prosecutors in each and every one of these cases. Not the least of which Mr. Porter's.

I want to bring in CNN Legal Analyst and Defense Attorney Danny Cevallos, and HLN Legal Analyst and Defense Attorney Joey Jackson.

So if you were representing Mr. Porter first of all what are you thinking and second of all what are the prosecutors coming to you with? Sir Danny? DANNY CEVALLOS, CNN LEGAL ANALYST: You're the officer you've just been through a trial, and you got a not a not guilty, but a mistrial. But in the mean time you've seen the states entire case against you. Then consider that whether or not the state will offer him any kind of deal. When we talk about the immunity, what kind of message would that send? That's the government saying, "Hey, we believe this officer committed manslaughter. It did not work out the way we wanted."

Now, "Hey, even though we believe you committed manslaughter, we're willing to let you walk if you testify against your brother officers."

They are in a minefield of issues here. And if you're Officer Porter, you're probably feeling pretty confident plus you're probably thinking that you don't want to help the state out, because the state just put you through a trial. A trial that Porter maybe thinking he can now win.

BANFIELD: So can the state get anywhere without the testimony they would probably have been hoping to get from him?

JOEY JACKSON, HLN LEGAL ANALYST: Well, they don't have testimony, because they're going to have -- but look, the prosecutor already, Ashleigh, let's be clear about this, used testimony that Porter gave to an investigated, the lead investigated teal in the prosecutions case.

So whether Porter testified or not he's testimony was out there.

BANFIELD: It's a record.

JACKSON: Absolutely, now we have record of his actual testimony. But every case stands on his merits, to me it's an open question as to whether we even get to the mistrial. I know it is scheduled for June 13th. I know its scheduled to go forward every case is independent.

However, a lot will depend as to what happens to all the other defendants.

BANFIELD: The two, three, four and five.

JACKSON: Absolutely, what if they're acquitted outright, what if there's hung jury. There could be multiple things affecting whether we see a trial at all again involving Porter.

BANFIELD: Or number three, four and five, I mean if we have acquittal, acquittal and acquittal, are they -- I mean would they go for deals for the last two and three at that point?

JACKSON: I really would think that they could and would.

CEVALLOS: Imagine the confidence level of Porter if he is the last guy in line, and it's been all acquittals.

BANFIELD: All right we will continue to watch that.

Danny and Joey, thank you and happy holidays and merry Christmas to both of you.

JACKSON: Thank you Ashleigh and you, always.

BANFIELD: Thank you.

Up next, what is the most pressing issue for voters in New Hampshire? Jobs? The economy? Taxes?

No, believe it or not, it's drug. Drugs, in fact, that drug, heroin.

[12:44:44] New Hampshire has a skyrocketing heroin problem, and Dr. Sanjay Gupta is on it. He's going to explain what is going on and his take, next.

(COMMERCIAL BREAK)

BANFIELD: Welcome back. You know, we trust our secret service to protect our President and the White House really an elite force, right?

First on CNN, it turns out someone was able to breached the secret service. In fact they stole an agent's gun, and that's not all, they stole his badge, radio, handcuffs, a flash drive and all of this in broad daylight near the White House, near their own H.Q. This apparently happened apparently Monday in Washington, D.C.

White House correspondent Michelle Kosinski is traveling with the President, she's live in Honolulu.

First of all, I'm not exactly sure why all of that very sensitive material plus a gun would be in a personal vehicle of a secret service agent but that seems to be the details.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Right.

BANFIELD: Walk me through what happened there, Michelle.

KOSINSKI: Yeah, it is really unusual case, I mean what we know is limited. We have been able to talk to some sources on this, but keep in mind the secret service, itself, at this point even though we know this information to be true, they are not yet officially commenting on it.

So we know that this was an agent within the presidential protection division. They are not uniformed and it's not clear at this point if any rules were breached by having this in the personal vehicle. It is possible not especially since they don't travel generally in marked vehicles or as I said with a uniform.

But this happened, yet, in the middle of the day, yesterday afternoon, downtown Washington where there are many secret service agents generally around. And this was right near secret service headquarters.

So this personal vehicle was sitting there. Through the information that we are have obtained an apparently this agent saw someone at some point reached into the car, and take out a bag. Obviously, that individual was not able to be stopped, and that person still out there with this agent's gun, his badge, a flash drive, handcuffs, other items like that. I mean, we're told that the flash drive even though we are not sure what information exactly was on that.

[12:50:09] But that data whatever it is, is encrypted. So, that's not a big concern right now. What is the concern though is that this agent's gun was taken, so obviously a lot of questions here. I mean didn't somebody see this, was no one able to the stop this person.

According to the information that we have the back window of this vehicle and the vehicle isn't described with unzipped, so that could indicate that it was a jeep.

But obviously, something there was unsecured, and this material was able to be taken in there, near headquarters in the middle of the day, Ashleigh.

BANFIELD: A gun and a badge now out there. It's pretty astounding, the whole unzipped factor how that material to be in there.

Michelle Kosinski traveling with the President while he vacation in Hawaii, thank you for that.

Coming up next, one of the most pressing issues for the voters in New Hampshire. I have said it before and I'll say it again, it is what we use to think was a drug from skid row. And now heroin is in schools in your town.

Dr. Sanjay Gupta, coming up next.

(COMMERCIAL BREAK)

BANFIELD: In a special series titled "Primary Concern, Heroin." Dr. Sanjay Gupta examines an epidemic that it has become a nationwide crisis and also potential political issue as well.

Part 1 is the story of a 31-year-old recovering addict who was meeting with politicians on this one to make sure they understand just how huge this problem is.

(BEGIN VIDEO CLIP)

CASEY CURRIVAN, RECOVERING HEROIN USER: My name is Casey Currivan, I'm a volunteer helper in New Hampshire I'm also a person in recovery now.

DR. SANJAY GUPTA, CNN CORRESPONDENT: You know who Jeb Bush?

CURRIVAN: Yes.

GUPTA: How is that?

CURRIVAN: They were all looking at me, and this Jeb Bush sitting in the middle.

And it was -- the thoughts that went to my head immediately was I'm not worthy of this.

[12:55:07] And immediately, I thought of Holly Cekala, the director for Hope in New Hampshire and saying why not you?

And I thought, why not me? What don't I have to offer?

(END OF VIDEO CLIP)

GUPTA: What Casey Currivan is offering is a desperate story, tough to hear about an epidemic of drug abuse that is claiming too many lives in New England.

CURRIVAN: It's a number one thing that somebody under the age of 35 is going to die from in my state.

It beats out car accidents.

If you are not paying attention to that, then you have no right to represent anybody that tended to ignore it.

GUPTA: 14 months ago, drug abuse barely registered here in the Granite State, now it's at the top. And more important to voters than jobs, the economy, taxes, you name it.

CURRIVAN: Oxycontin went off like a bomb in New England.

GUPTA: It started with oxy, oxicon. What many don't realize is that these pills like this and heroin have at lot in common, in fact they are so chemically similar that for an addict or an abuser, there are essentially interchangeable, no surprise then 80 percent of heroin addicts started off using pills.

GUPTA: How did that happen for you?

CURRIVAN: Somebody in the hotel had offered us heroin. I almost looked at it like a science experiment. That was how my brain justified going through the whole process of using heroin. I sniffed it. And it had an effect, but it wasn't the effect that I was looking for, an hour later, I shot heroin.

GUPTA: What were you trying to discover here?

CURRIVAN: I just wanted relief.

GUPTA: Relief from?

CURRIVAN: Relief from my thoughts, my feelings, my emotions. If I had the power to choose, I wouldn't choose to use everyday.

GUPTA: What Casey is describing is a substance use disorder, that's a new name for an age-old disorder, addiction, it's a brain disease. It causes you to seek out drugs no matter how horrible the consequences.

In fact, Casey almost died of a heroin overdose. He now wants Narcan, a sort of anecdote in the hands of anyone who needs it. Why? Because it saved him like it did for this woman. She has overdosed and is no longer breathing.

Now watch closely what happens when she gets Narcan.

UNIDENTIFIED MALE: Can you sit up?

UNIDENTIFIED FEMALE: Yeah.

UNIDENTIFIED MALE: All right, come on. Do you want a glass of water?

GUPTA: Casey's message along with many others is starting to be heard.

PRES. BARACK OBAMA, UNITED STATES OF AMERICA: Addiction is not new.

GUPTA: In October, President Obama announced efforts to double the number of providers that can prescribe Narcan.

It was welcomed news here in New Hampshire where the cries for help, any sort of help are the loudest. And we kept asking ourselves, why here in New England? Well, the answer in part is because heroin is particularly easy to get and very cheap.

How easy to find if you wanted to find it?

CURRIVAN: It is a good question. I guarantee you, there is nobody in New England with money in their pocket that is saying, god, I wish I could find heroin if they really needed it.

GUPTA: If you have money, you can find it?

CURRIVAN: Yes.

GUPTA: Casey hopes the days when he was out buying heroin stay behind him. He spends his free time now with his 3-year-old son and staying through to as recovery.

Still, this wasn't the life he ever imagined, slowly becoming the new face of a former heroin addict.

CURRIVAN: People think that a person suffering from alcoholism or addiction, they have this image that comes up in their mind, and I like to break that image because if I met you on the street, you wouldn't think that two years ago I was an I.V. heroin user.

GUPTA: Yes, Casey Currivan is a new face, now tasked with taking the message of 23 million Americans currently in recovery straight to the candidates. Jeb bush, Bernie sanders, Chris Christie.

Anyone who could possibly stop this epidemic.

CURRIVAN: I appreciate it if they would use the same language, not those addicts, those people because those people are your moms, your dads, sons, daughters, and your neighbor and the chief of your police. They are everybody. They are your doctor, your nurse, and we are not unique people. Just we have a chronic neurological condition that treatment is available, and recovery is 100 percent possible.

Dr. Sanjay Gupta, CNN, Manchester, New Hampshire.

(END VIDEO CLIP)

[13:00:09] BANFIELD: Thank you for watching, everyone.

My colleague wolf starts right now.