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Legal View with Ashleigh Banfield

Child Death in Car Case Discussed; Shooting Death of Former NFL Star Examined; President Obama Defends Hillary Clinton E-Mail Use; Protesting Anti-LGBT Laws. Aired 12:30-1p ET

Aired April 11, 2016 - 12:30   ET

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

[12:30:00] NICK VALENCIA, CNN CORESPONDENT: -- say Harris was unhappy in his marriage.

UNIDENTIFIED FEMALE: That Mr. Ross, the sweet Ross Harris, this sweet little funny boy that we knew.

VALENCIA: But police say Harris was unhappy in his marriage and that he read four articles on a website for him called "child-free", evidence they say is proof that he did not want his son. He also allegedly searched the internet for "How to survive in prison." prosecutors also say Harris paid women to have sex with him, just weeks before Cooper's death.

UNIDENTIFIED MALE: He was actually seeking out and meeting up with prostitutes and paying for sex, again, actions speak louder than words.

VALENCIA: Harris' defense attorney says his internet searches and relationships with women outside his marriage have no bearing on his relationship to his son. And that there is absolutely no evidence Harris intentionally killed his child. His attorney say he's a good dad living a nightmare.

Just months before, Harris appears on top of the world "I am now in my dream job, have a beautiful six-month-old son and love going to work everyday. I couldn't be happier, he says. So who is Justin Ross Harris really? The answer could help solve the question if Cooper Harris' death was a tragic mistake or something more sick and twisted.

Nick Valencia, CNN, Atlanta.

JOHN BERMAN, CNN ANCHOR: All right. Thank you, Nick for that.

CNN Legal Analyst and Criminal Defense Attorney Philip Holloway join us now from Atlanta. He practices law in Cobb County, Georgia. He was a prosecutor there as well, knows all of the players in this case. Phil, give us a sense of what's going on right now, you know, so many cases won and lost in jury selection. Talk us through the process today that may last the next couple of weeks.

PHILIP HOLLOWAY, CNN LEGAL ANALYST AND CRIMINAL DEFENSE ATTORNEY: Well John, you are absolutely right. I personally believe that cases are won or lost during jury selection because who winds up on that jury is a key importance in this case. Basically, what's happening now is the judge is taking up the people who say, look, I can't set my life aside for this long, or people who say I can't deal with the subject matter. People who say there's a hardship that want to be taken out of the entire jury pool. She's going to hear from those people today and make some decisions and jury selection would begin tomorrow in earnest with the jurors filling out various questionnaires so that the lawyers can have some information before they go in groups of 18 or so to be individually questioned.

BERMAN: All right. The details of this case, Justin Ross Harris told police he kissed his son when he strapped him in the car seat after eating breakfast. Then after about two minutes he somehow forgets that his son is still in the car. That and that alone has a lot of people, a lot of parents saying no, never. I don't see that happening, not ever. But is that evidence in and of itself? Is that strong enough for the prosecution and how will the defense counter it?

HOLLOWAY: Well, just before he made that two minutes or less drive, depending on traffic that morning, he was, according to the testimony, we have heard in court, he was involved in a conversation on a social media app known as Whisper which you can anonymously chat with people and he was chatting allegedly with a woman who was unhappy with her status in life as a mother and as a spouse and he responded back with words to the effect of, you know, I love my son Cooper and all but sometimes we just need an escape.

And prosecutors can argue, you know, his son Cooper was clearly on his mind in the moments before he got in the car and that it could have been right then that he just made up his mind that I'm going to go ahead and get my escape today.

On the other hand, the defense will say, well you know what, these words are ambiguous. Just because he said I need an escape doesn't mean he's planning to murder his child. He could have just been saying, look, I am stressed out as a father and as a husband just like so many people are, and sometimes we just need a little time away.

So, it's an ambiguous statement it's not certainly something that is a smoking gun. But prosecutors will play that and they will use that as a very strong piece inculp (ph) before the evidence in this case.

BERMAN: You know, there is a lot of circumstantial evidence that those jurors will see and hear over the coming weeks. A lot of it will be tough to hear from them but it will be fascinating case to watch. Philip Holloway, thank you so much.

HOLLOWAY: Thank you.

[12:34:10] BERMAN: Up next, former New Orleans Saints star Will Smith gunned down in the street after a car crash but why? Is there more going on here than just a case of road rage? We'll discuss the details after a quick break.

(COMMERCIAL BREAK)

BERMAN: So is it a case of road rage that led to attempted murder or alleged murder or is it something else? New questions today surrounding the death of former New Orleans Saints star Will Smith. He was shot and killed and his wife wounded over the weekend after he was rear ended by the suspect. Cardell Hayes has been charged with second- degree murder.

New Orleans Police say he and Smith exchanged words after their vehicles collided. Jean Casarez is here with us, also joining us, CNN Sports correspondent Coy Wire. First Jean, let me start with you? What happened yesterday?

JEAN CASAREZ, CNN CORRESPONDENT: You know, you know, everybody is asking why but the facts, the alleged facts are actually pretty simple because Will Smith and his wife Racquel, they were having dinner Saturday night at a French Quarter restaurant with friends enjoying themselves.

People said they heard the table, laughing and just having a great time. They leave the restaurant about 11:15 shortly before it closes. Police say ten blocks away is where the Smith's Mercedes SUV was rear ended by a vehicle. After that, police say words were exchanged but the person in the rear vehicle they say who is now the person charged, Cardell Hayes took out a handgun, came and shot multiple times Will Smith. He was declared dead right there at the scene. But here's where it gets murky. The question is why? Motive.

[12:40:02] Well, according to a complaint that we were able to receive this morning, Cardell Hayes who is the man that is charged in this filed a lawsuit against the city of New Orleans in 2006 in regard to the death of his father. You see, police officers from New Orleans shot and killed his father in 2005 and he names John as one of the defendants, the police officer that Will Smith was having dinner with that night with a former New Orleans police officer Billy Ceravolo. He names him as the defendant saying he killed his father and used excessive force in doing.

We do want to say Hayes Sr. did have a knife. Police tried to subdue him in 2005 with pepper spray but ultimately ended up shooting him and killing him.

BERMAN: So that's the connection. They are looking in to right now.

CASAREZ: They are looking in to see if it's just a coincidence or if there is a connection?

BERMAN: All right Jean, Coy Wire talk to us about Will Smith. This is the guy even a captain for the Saints, you know, when they won the Super Bowl hearing from all of his former teammates today. He seemed very broken up about the loss.

COY WIRE, CNN SPORTS ANCHOR: Quite emotional, John. As a former NFL player I can tell you we used to get emotional just when a teammate was cut from the team. A lot of emotions going on.

Let's first talk about Will Smith as the football player. He is a first round draft pick. Out of Ohio State University where in 2002, he's part of the national championship team. In the NFL he spent all nine seasons with the New Orleans Saints where he became a pro bowler, a Super Bowl champion, a team captain and he had recently found out he was going to be nominated and inducted into the Saints Hall of Fame.

As big of an impact as he had on the field perhaps an even bigger impact off of the field hence all the emotions we're hearing from former teammates.

I spoke with one of his former teammates and a fellow defensive captain with the New Orleans Saints Curtis Lofton who said I cannot fathom what has just happened. It hasn't hit me yet. I was driving home from a wedding. That could have been me in the vehicle with Will Smith. I can't imagine what his wife Racquel and their three children are going through at this time.

I also spoke to former NFL player Tutan Reyes who is rooming with Will Smith down at Miami. They were both pursuing their executive MBA degrees at the University of Miami. How many former NFL players John do you know of that are pursuing an executive MBA? This is the type of man he was. He was excited about his life after football, huge impact in the community two time (inaudible) as much as you see about the charity work that he did for his community there in New Orleans, he did so much more behind the scenes. He was a humble, kind and caring man.

And John, I can only hope that as a former NFL player I think I say this for all former players that we hope that his death is not in vain, that something can be can be learned from this, attention can be brought where it needs to be brought, and that his legacy can live on.

BERMAN: Important words. Coy, I can hear the emotion in your voice. I'm sure the entire football community agrees with what you are saying. Quickly Jean, the wife Racquel, how is she doing right now?

CASAREZ: She was shot multiple times in the leg in the hospital in surgery, she will be fine.

BERMAN: All right, kids and their family as well. Jean Casarez, Coy Wire, thank you so much. Appreciate it.

[12:43:11] BERMAN: Up next, President Obama says he is staying out of the Hillary Clinton e-mail controversy but is he really? Just a few words from the President actually have a big impact.

(COMMERCIAL BREAK)

BERMAN: President Obama says he is staying out of the Hillary Clinton e-mail controversy and will not interfere with the justice department investigation. In an interview with Fox News on Sunday, the President, however, defended the former secretary's use of e-mails saying she did not jeopardize national security.

CNN Legal Analyst Paul Callan is with us and Athena Jones joins us from the White House. Athena, first lay out exactly what the President said here.

ATHENA JONES, CNN CORRESPONDENT: Hi John. Well, as you said, the President defended Hillary Clinton's use of the e-mails and these e- mail system that she was using and said that even though she may have been careless in the management of classified e-mails he doesn't think it affected national security and he seem to down played the issue all together. Take a listen exactly how he put it in the interview.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF UNITED STATES: I continue to believe that she has not jeopardized America's National Security. Now, what I've also said is that and she's acknowledged, that there's a carelessness in terms of managing e-mails that she has owned and she recognizes. But I also think it is important to keep this in perspective. This is somebody who served her country for four years as Secretary of State and did an outstanding job.

JONES: And so, you hear the President defending the former secretary but some might say he is prejudging the outcome of these ongoing investigations by saying, insisting more than once that he doesn't believe she put National Security at risk so it will be interesting to see the response to that, John?

BERMAN: He is also making in some cases a similar argument that you are hearing from the Clinton campaign itself that there's classified and there's classified, literally he said pretty much that, when it comes to e-mails.

JONES: He did say pretty much that. He said, look, I'm a person who deals with a lot of classified information. Something maybe labeled top secret and it may in fact be quite sensitive. Other things maybe labeled top secret or classified and not be quite sensitive. There might be thins that you could find through open source information, through information available to the public.

So that is very much in line with what we heard from the Clinton team talking about classification run amok and a lot of debate about whether some of these e-mails ever should have been classified. So we are hearing him weigh in on her side on that front as well. John?

BERMAN: Athena, stand by. Paul Callan, classified, is there any legal definition to that term?

PAUL CALLAN, CNN LEGAL ANALYST: Well, there is a legal definition in the sense that the statutes which, you know, the justice department is looking at here, will -- they have a definition that they work with about classified documents, documents that fall into certain categories are classified. Is there an objective statute that says what kinds of things are classified and not know there isn't? You now, it gets labeled as classified, if it gets labeled as top secret for the purpose of criminal law, that's what it is.

[12:50:07] And the President is saying, well, this kind of classified and kind of not classified. Well, how would you prosecute anybody like a real traitor to this country, who released damaging classified information if it was sort of like a moving scale as to how you design classified?

BERMAN: So does the President commenting on it as much as he did. He went only so far but he'd say quite a bit. Is that prejudice the case?

CALLAN: Well, you know, I'm surprised that he went as far as he did. I certainly understand him supporting Hillary Clinton. She was his secretary of state.

However, he's also the Chief Prosecutor in the country. As the President he appoints the attorney general. He theoretically controls the justice department. Does it sound like he's sending a little message to the justice department that, I don't think you should prosecute Hillary Clinton? It certainly sounds like that. He should have, I think, said she was a great secretary of state. I can't imagine she would damage deliberately the interest of the United States, but I'm leaving it entirely in the hands of the justice department because I haven't read the e-mails. And that's the other thing.

He says none of these -- he said I would doubt that she'd damage national security. Well, I don't, did he read all of the e-mails involved to see? Or is he just talking off the cuff. We don't know because he left the statement vague.

BERMAN: It says her former law professor the guy knows the law in theory and he knows what he's saying in potential impact of his words.

CALLAN: Yes, he does. I think he knows enough to know that presidents should stay clear of this. I mean, Richard Nixon, just to harken back to a Republican example, one of things he was charged with manipulating justice department investigations.

BERMAN: Well but no one is suggesting that the president's manipulating the investigations now.

CALLAN: Not at all. But when you get in to a situation where the chief executive officer the president of United States is kind of commenting on on-going investigations it's generally not a good thing.

BERMAN: Could his words be used in an actual trial?

CALLAN: No. I think everything that he said would be inadmissible in trial and really just kind of sending a subliminal message to the investigators.

BERMAN: The question is, is he putting he finger on the scale of the investigation?

CALLAN: Yeah.

BERMAN: Paul Callan, Athena Jones. Thanks so much.

Up next, Bruce Springsteen and Bryan Adams they take a stand. Will the country music no, will the music industry now join the fight against the new religious freedom legislation that critics say actually discriminates against the LGBT community?

(COMMERCIAL BREAK) [12:56:37] BERMAN: Many big businesses and celebrities lining up against the way of bills that critics say are anti-LGBT. Rock star Brian Adams, Bruce Springsteen they cancelled shows in Mississippi in North Carolina over those states religious freedom bills. Now, gay right advocates are calling on the country music industry to join that fight.

It's get more on the story. Now, we're joined by CNN correspondent Polo Sandoval. Polo

POLO SANDOVAL, CNN CORESPONDENT: Hey, John good afternoon. You know this really is the fight for equality that we've seen in the south on behalf of some of LGBT groups. And now it has become this spiritual battle for business as you mentioned with several high profile or it's bowing out of performances.

And now, GLAAD, this group that's pushes for equal LGBT rights is now responding hoping to put pressure on Tennessee which obviously the next state that it will be debating one of this religious bills. I want you to hear from the head of GLAAD saying that she has high hopes big business will respond in supporting their cause. Take a listen.

(BEGIN VIDEO CLIP)

SARAH KATE ELLIS, CEO AND PRESIDENT, GLAAD: We need the many, many businesses that thrive on the music industry in the city to speak out against these bills. So I'm here today to call on them to stand alongside the television network and film studios who stood with us in Georgia, and join our call for these bills to be defeated. All of the way up to the governor's desk is necessary.

(END VIDEO CLIP)

SANDOVAL: Of course Nashville America's music capital of the world here. So, obviously we do see some of these labels jump on board. We could see other significant voice as they do contribute at least $10 billion to Tennessee's economy John. And last thing I should mention, just recently we do understand at least 95 writers from that state has submitted a joint letter calling this new law a violation of civil rights, but then you from supporters.

Some of which we spoke to where Mississippi last week they will tell you that this new law simply defends the rights of some of those individuals that have more traditional views when it comes to marriage and also general as well John.

BERMAN: It's interesting, you know, next state up is Tennessee, country music so big there. As we said the country music industry being pushed rights as responded to GLAAD's required?

SANDOVAL: No specific artist, no specific labels have come out yet that in supporting this request. But I can tell you that we look back, we have seen several big names including Carrie Underwood, Toby Keith, Miley Cyrus come out and support of the LGBT community.

But what we heard today from GLAAD was they want to hear more. They want them to take a step further. Not just those big artists but also some those big labels as well specifically calling out what they believe is very unfair piece of legislation, that is scheduled to be debated a letter on this week John.

BERMAN: And it could come down to dollars and cents here. A lot of businesses have come out against these laws which could mean financial losses for some of the states.

SANDOVAL: Absolutely, at least $10 billion there Tennessee that the country music scene contributes to the state. And I will tell you that when we spent time in Mississippi last week John, there were several people are concerned about the image of the hospitality state. Now this is now a law in the books. So much so that some businesses have gone through the step of making sure that they put their support via sticker right in the front floor saying that everybody is welcome John.

BERMAN: And now the NBA is saying it won't hold the all-star game in North Carolina unless it changes what is going on there. This could have serious a reverberations as well. Polo Sandoval, thank you so much for joining us.

That is all for "Legal Views" today. Thank you all so much for watching.

[13:00:01] Jim Sciutto in for Wolf. He starts right now.

JIM SCIUTTO, CNN ANCHOR: Hello I'm Jim Sciutto.