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Legal View with Ashleigh Banfield

British Parliament Debates Trump Ban; Petition To Ban Trump Gets Over 570,000 Signatures; Suspect In Custody After Ohio Cop Killing; Ohio Officer Found Dead Outside Police Station; Ten Year Old Verbal Agreement In Bill Cosby's Case Could Threaten Prosecution; Communities Attempt To Restore Historic Streets. Aired 12:30-1p ET

Aired January 18, 2016 - 12:30   ET

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


(BEGIN VIDEO CLIP)

[12:30:02] PAUL FLYNN, MEMBER OF PARLIAMENT: This parliament it's signed by 573,971 signatures and it calls to block Donald J. Trump from U.K. entry.

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ASHLEIGH BANFIELD, CNN ANCHOR: CNN Max Foster joins us live now form London. While that sounds pretty incredible, the truth of the matter is this a lot of theater, isn't it?

MAX FOSTER, CNN CORRESPONDENT: It is, because there's no vote at the end of it. They have no power to ban Donald Trump from the U.K., but this is the first time I can remember that a whole debate three hours of debate is being dedicated to ban a one particular person and all these questions are raised during other debates. So it is unusual situation getting lots of publicity. Everybody in that room protected by parliamentary privilege, they can saw whatever they like without being threaten with any slander defamation claims.

And some of the sort comments we've had coming out here, and they're split on whether or not they should be banned, but it seem to be agreeing that they -- general distaste of what Donald Trumps says, says for example one of the most talking about Donald Trump being a ridiculous xenophobe who we shouldn't promote. So, that particular member of parliament doesn't think a ban is a good idea because It just help him get more publicity.

Someone who does believe that he should be banned (circuses) in any man -- he's a man into the most important job in the world, his words aren't comical, his words are poisonous, they risked inflaming intention in vulnerable communities.

So, it's a talking shop in a way, but it allows lot politicians to express how they feel about Donald Trump.

BANFIELD: It also give us an idea of, you know, what a foreign nation thinks of a man who could be commander in chief of this nation, at least some members anyway of that chamber. Max Foster covering that for us in London, thank you for that, appreciate it. When we comeback a small town police officer is gunned down, and police arrest a parolee who had actually declared that he was out to gun for cops.

(COMMERCIAL BREAK)

[12:41:11] BANFIELD: The warning came too late to save an Ohio police officer's life.

A woman had called 911 to say that her boyfriend was out to kill a cop, and then about a half hour later just a few feet from Danville police headquarters, this man, officer Tom Catrell was found gunned down. That's all happened overnight and out Jean Casarez has been following the developments including direct of the suspect. So what do we know Jean, about Herschel Ray Jones?

JEAN CASAREZ, CNN CORRESPONDENT: Well, that's the man that has now been apprehended. Now I tell you what we know, objectively speaking we know this was chilling, absolutely chilling. And he does have some past conviction we're going to talk about, that's him right there.

He's apprehended early this morning, but it all started at 11:20 p.m. last night when there was a 911 call into the Knox County Sheriffs Department, that's Danville, Ohio. And as woman that said, my ex boyfriend just left and he says weapons on him and he said he wants to kill a cop. And less than 30 minutes later, they found behind the municipal building in Danville, Ohio the lifeless body of Police Officer Thomas Catrell. And I think we have a picture of Officer Catrell also, he was a part time officer on the force. He just been there about six months, and Ashleigh, we don't know the intent if the intent was, I want to kill a cop, any police officer and he was just targeted or if this specifically was who he was after. But if you'd ask me about his criminal record and let me tell everybody about that, he just got released from prison last April on parole for two convictions, not necessarily violent, receiving stolen property and possession of chemicals.

But now he is behind bars, and Ashleigh, in Ohio they have the death penalty.

BANFIELD: Yeah, do they have.

CASAREZ: And one of the aggravating factors is if you kill a police officer knowing he was an officer.

BANFIELD: This was so, so awful that they knew that this could happen. Did anyone on the force know if Officer Catrell got the warnings? Because I knew they tried to warn all officers.

CASAREZ: They tried, they could not.

BANFIELD: They couldn't reach him?

CASAREZ: No.

BANFIELD: So, he had no idea this was coming? CASAREZ: No.

BANFIELD: And no one knows the circumstance that led to him being found. He was found without a service revolver, he was found without his vehicle?

CASAREZ: Yes.

BANFIELD: So all that is...

CASAREZ: And it was it was 1:30 a.m. in the morning, this morning when they saw the suspect running out of a residence seeming like another residence and they apprehended him, but that ex girlfriend did a service in that, she had a name she had an identity, and they were able to apprehend who they believe is the person that did this.

BANFIELD: So, the Knox County Sheriffs office captain, Jay Scheffler told CNN that he was the only one who was working in the village of Danville. How some small is Danville?

CASAREZ: Let me tell you how small Danville is, in 2014 they got about 1,000 911 calls, the top 911 calls report disturbances and secondly for information. And Ashleigh, in 2014, as far as who is charged there were about 100 people charged and the top charge was a juvenile just loitering around. There were no homicides at all.

BANFIELD: This is not a violent place, little town.

CASAREZ: No.

BANFIELD: This little town. That is just so distressing, Jean. Keep us posted when you hear more about the circumstance of this attack.

CASAREZ: I will.

BANFIELD: It's just unconsconsolable. Jean Casarez reporting for us live, thank you for that. And we also now know the suspect in the killing of a Utah police officer. That guy also have a criminal record, his name Cory Henderson, he was shot and killed in a gun fight with police that 's not before killing Officer Doug Barney and wounding another.

[12:40:09] Authorities say Henderson and another person had fled a traffic accident. Anderson's record shows the number of states and federal charges dating back 10 years. They include illegal possession of a firearm. He was on the run from a court ordered treatment center when he died.

And we all know from cop shows that just anything can be used against us, but sometimes things you say can't be used against you and that's to be a big break for this man, Bill Cosby. Coming up next another twist in his criminal case against Cosby and it all has to do with the people who are actually behind the prosecution of him. We'll sort it out in a moment.

(COMMERCIAL BREAK) [12:45:02] BANFIELD: The criminal case against Bill Cosby in Pennsylvania that alleges sexual assault could be in some big trouble. CNN has exclusively been able to get a hold of an e-mail that spells out an agreement of sorts between Cosby's lawyers and the prosecutors, and it dates back more than a decade. And in this e-mail, the prosecutor at the time said that he does not plan to use a deposition that the comedian gave him in a civil case. He would not use it against Cosby in any future criminal case.

So fast forward ten years, and now there is a charge against that man. It really, a lot of people believe it comes down to what he said in the deposition. Wasn't he promised that his words wouldn't be used against him? I don't know. It is a good question. We'll talk about it with CNN legal analyst Paul Callan and Joey Jackson.

All right so the two of you have been watching during the commercial break arguing back and forth. And I think you both great minds. This is not settled, the fact that one D.A. promised him verbally or other wise not in writing, you can do this deposition and be truthful and we will not use this criminally against you, this is civil, speak, and you're free to avoid jail time and prosecution later. What is wrong with this picture?

JOEY JACKSON, CNN LEGAL ANALYST: Well, I think there are couple of things, first of all, I don't think a prior D.A. can bind another D.A. On that question, I think it's clear, if I'm elected by the public, I'm going to do what is within my discretion and I will make my own assessments based upon what's in the interest of justice, that's how I feel.

BANFIELD: But it's the office, Joey. It's the office.

JACKSON: It's the office, yes it is but it's similar to just by way of analogy briefly, there is a lot of talk of Obama's gun control and the issues of executive orders and the presidential candidate, just saying, "I will undo the orders." You're elected by the public, you do in you r discretion what you want to do, that's one question. That's separate and apart from are the critical question to me in this case, which is, can his, Cosby's deposition testimony be used against him. I say resoundingly no. And here is why, I relied to my detriment to your promise to me, former D.A. you said that I would not be prosecuted and in light of it, you did it for legitimate reasons, you wanted the victim in this case to have some measure of justice and maybe not criminally, because we could not prosecute the case and prove it beyond a reasonable of doubt. However, because I wanted a measure of justice, I say, give that deposition, I'm not going to use that against you.

BANFIELD: OK, I hear you.

JACKSON: Now you're going to say, not only using it against me, but in the probable cause at the day that's very deposition provided with us basis to my properties.

PAUL CALLAN, CNN LEGAL ANALYST: You started out by one saying one D.A. can't bind the subsequent D.A. You're saying he is binding the subsequent D.A.

JACKSON: No, I'm not, listen here's what I am saying, that you can persecute me if you can get independent evidence separate and apart from the deposition.

CALLAN: What you're saying is found -- he's binding the subsequent D.A. not to use the deposition.

JACKSON: Correct. Right.

BANFIELD: My question is, and I'm no lawyer, but you guys are, I know enough to get things in writing, and this is my friends did not come in writing. It was not officially file and I will tell you right now that the current district attorney Kevin Steele just elected in November (has) said that there is a specific legal method to grant immunity and this was not done in '05.

CALLAN: Criminal lawyers and prosecutors across the country are arguing about this very thing, I can tell you that in over 30 years of practice as a prosecutor and a defense attorney, I've never seen an immunity agreement in something as serious as rape or sexual abuse case that was not put in writing or put on the record in open court. And there is a reason for that, the reason is, we don't want to have a dispute about it ten years later if new evidence is developed as to whether the evidence can be used, and that is what we are seeing here.

So, I think, what you're going to see in the case, first of all, was an agreement really made? -Supposedly, Cosby's attorneys at the time weren't aware that such a promise had been made they are asserting it now, they're only belatedly. So did Cosby rely on that or not? We're going have to have a hearing in front of the judges to whether an agreement was made, and then is it enforceable because it's not in writing, and there's something called statute of frauds that we have that applies to contracts. Lot of people saying well, this is a contract they have to abide by it. Contracts that are enforceable over a year in length, and now ten years, usually have to be in writing, and also (law)

JACKSON: And there is detrimental reliance, and if I rely to my detriment because you made me a promise, and I go away and give all types of testimony to against myself, then it is a problem and you are held on the standard. This case is not going to turn on the issue of whether it is in writing or not, but it is going to turn on the interest of justice and whether somebody can forfeit their constitutional right, based on a promise you make me, and then you come back and say, no I'm going to prosecute you anyway.

This is going to the highest courts, I think.

BANFIELD: That -- I absolutely agree with you. And I am fascinated to find out if perhaps -- just perhaps this deposition isn't necessarily the most important evidence that the D.A. has on Bill Cosby believe it. And they are tipping the hand right now folks, so you just wait this story is not over by any stretch. Thank you Paul, thank you Joey, appreciate it.

UNIDENTIFIED MALE: Thank you.

BANFIELD: Great mind is different.

[]12:45:10] This Sunday, I want you to join CNN anchors for a special report called the Person Who Changed my Life. All these week anchors here at CNN including me are going to be following reports on the person who affected their lives the most. And then on Sunday at 8 p.m. We're going to air a special hour, just a preview.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This people change lives.

UNIDENTIFIED FEMALE: Can you believe we're back here.

UNIDENTIFIED MALE: Join the familiar faces of CNN as they share their special someone with you.

UNIDENTIFIED FEMALE: The voyage that you're suggestion sent me on.

UNIDENTIFIED MALE: And I learn this from you. You have to ask the important questions on the most important issues of the day.

BANFIELD: Without my mom, I am certain I would not be where I am.

UNIDENTIFIED MALE: If you were to ask them how important is a mentor and they told you, well, not that important, it means they have not had a great mentor.

UNIDENTIFIED FEMALE: Is that a letter.

UNIDENTIFIED FEMALE: This is the letter.

UNIDENTIFIED FEMALE: We found it.

UNIDENTIFIED FEMALE: It is in willow bay.

UNIDENTIFIED MALE: Very few people tell you the truth. And you do that

ANDERSON COOPER, CNN HOST: Anderson Cooper and Michaela Pereira will host "The Person Who Changed my Life." Sunday at 8:00 on

(COMMERCIAL BREAK)

[12:50:39] BANFIELD: Martin Luther King Jr., the American civil rights leader that we celebrate today has hundreds of streets across America named for him to commemorate his legacy of racial equality, nonviolence and economic opportunity. But sadly many of those streets are dangerous, desolate and devoid of opportunity, yet, there are those determined to change that.

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UNIDENTIFIED MALE: There's an American nightmare that's going on up and down King Drive. MELVIN WHITE, BELOVED STREET OF AMERICA FOUNDER: When a person says,

hey, meet me on Martin Luther King Street, you know that most likely it is going to be a dangerous environment.

UNIDENTIFIED MALE: As we stand here today, where half a century away from the time that Martin Luther King came to Chicago to desegregate Chicago, and we face a number of the same challenges today.

(BEGIN VIDEO CLIP)

MARTIN LUTHER KING JR. But I want to remind you today that we are not free in Chicago or New York ...

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UNIDENTIFIED MALE: He came to talk about the ghettos that we were living in. He came and he live and he lived on the west side of Chicago to demonstrate the commitment to breaking that cycle of poverty that had been ensconced and entrenched in Chicago. You will see a very short summary of the black experience as you travel King Drive in Chicago. You'll see progression of depression.

UNIDENTIFIED MALE: We helped to create another organization called the South Side Critical Mass, and that starts right here at Cold Park on King Drive. When we started that ride, there were people who said, oh, y'all are going to meet at night?

UNIDENTIFIED MALE: On the South Side or ride bikes! I mean, there were people who were fearful. We know our neighborhoods are safer than the perception and the narrative tells us that they are. It does not mean we're naive, about violence in our neighborhoods, we would act to the reduce violence.

UNIDENTIFIED FEMALE: I think he would be, ashamed to walk up and down Martin Luther King. When I first moved here, we had shopping places up there. We had a music store up there. You see nothing. I see nothing. I don't even walk up there. Me, I do not want to go down Martin Luther King.

WHITE: Dr. King stood for unity, Dr. King stood for peace and justice as well as economics. So, to have such a negative stigma to be placed on the streets is kind of like the slap in the face to Dr. King's legacy, and so we are out to change that.

We want to make people when they get off of the airplane say, hey, I want to go to Martin Luther king, and there is a nice restaurant or a nice jazz spot that we can go to

UNIDENTIFIED MALE I would love to walk up to that corner, and see a statute of Dr. Martin Luther King. I'm 85 years old, and soon 86, I might not see that change, but God knows I wished I could.

REV. DELPHERD BARKSDALE, SAVANNAH CHURH OF GOD: MLK Boulevard starts around Bay street or around the river and traveling south, you will see from the river coming back very nice bustling businesses and cultural spots as you come up. And then somewhere around on that street, you will start seeing just see that -- it doesn't look as nice as it does the closer you are to town. Several neighborhoods, there are some housing projects up that way.

UNIDENTIFIED FEMALE: I think people do feel that there is an economic divide there. You see a lot more co construction, an investment in the northern part than the southern part.

[01:07:00]UNIDIDENTIFIED MALE: It was once a thriving street. Now, one thing that is happening or has happened that is good, is that the city has made some efforts to rectify that. Just to have the street, and to see the name should spark something within all of us. He fought for great thing, and if we find it at depress area then it reminds us that there's a lot -- a long way to go.