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Legal View with Ashleigh Banfield

Lenient Sentence in Rape Case Examined; Clinton and Trump to Speak at Events Today. Aired 12:30-1p ET

Aired June 10, 2016 - 12:30   ET

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

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[12:34:20] ASHLEIGH BANFIELD, CNN ANCHOR: Brock Turner, the convicted Stanford rapist was portrayed in court as a decent guy from "Small town in Ohio" who, "never really experienced celebrating or partying when it came to alcohol and drugs."

That's what Brock Turner himself wrote to the judge who presided over his case and that may have been what actually led to the judge deciding on that six-month jail sentence. But was what Brock wrote to the judge true?

According to some new court files, the answer is resoundingly, no. Inside the prosecutor's file was this photograph of Brock holding what appears to be a bong. They say he sent texts and provide evidence of it about him buying and doing acid about wanting to take ecstasy and LSD.

[12:35:09] But in the end, the discretion of Judge Aaron Persky led to him deciding to sentence Brock to just six months in jail for sex assault. And that offense, a series of offenses carried with him a max of 14 years. The sentence started on June 2nd and we now learn that Brock Turner is currently under protective custody in a San Jose jail.

Police say it's done because inmates believe have a high victim potential that need to be protected.

In the meantime, there are online petitions to remove Judge Persky and they garnered more than a million signatures. Publicity over the case is also reportedly affecting jury selection in Judge Persky's courtroom if he continues with his work. One attorney with a case before Judge Persky said about 20 different jurors were excused because they felt uncomfortable in his courtroom.

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RALPH ROBLES, JR., ATTORNEY IN CASE BEFORE JUDGE PERSKY: It's obviously had some sort of an impact. If they definitely bought it up, they definitely brought up, how it affected them, you know, and that's how it affected their lives. How it could affect their judgment really is what trying to get at.

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BANFIELD: Also, inside those new files that we've been digging through is an impact letter from the survivor's own sister. In one part, addresses Brock Turner just like her sister did and she said that, "I feel such intense hopelessness that there will always be people like you, who believe alcohol can dismiss perverted, harmful, sickening actions."

Those actions and the sentence are also sparking outrage all the way in the nation's capital, on Capitol Hill, in fact. I want you to just pause for a moment and listen to this Texas Congressman, Ted Poe himself, a criminal court judge, absolutely unleashing on Judge Persky yesterday.

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TED POE, (R) TEXAS: This judge got it wrong. There's an archaic philosophy in some courts that sin ain't sin as long as good folk do it. In this case, the court and the defendant's father wanted a pass for the rapist because he was a big shot swimmer. The judge should be removed.

His sentence, a mere six months in prison and three years probation because the judge said, "A prison sentence would have a severe impact on him." Well, isn't that the point? Mr. Speaker, the punishment for rape should be longer than a semester in college.

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BANFIELD: Congressman and Judge Poe was not the only person on the floor to speak about this as well.

And then there's this. And this is a moment, folks. The vice president of the United States, Joe Biden, has decided to add his voice to the millions of you around the world who are coming out in support of the Stanford rape survivor. He did it by writing a powerful open letter to her that was posted on BuzzFeed. The vice president's efforts to end violence against women go back decades but he has some more outspoken moment only just recently. Have a look.

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JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: What you've done here as the violence against women act has done is more and more women are showing the courage to do what I hear men would say, "Why don't you just report it," give me a break guys. How many of you would report?

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BANFIELD: He's been powerful before and he is certainly powerful now. If you'll give me a moment, I want to read some excerpts of his letter to the survivor. He starts by saying, "I do not know your name but your words are forever seared on my soul, words that should required reading for men and women of all ages, words that I wish with all of my heart, you never had to write. I'm in awe of your courage for speaking out for so clearly naming the wrongs that were done to you and so passionately asserting your equal claim to human dignity. I am filled with furious anger both that this happened to you and our culture is still so broken that you are ever put in the position of defending your own worth. I do not know your name. But I see your unconquerable spirit. I see the limitless potential of an incredibly talented young woman full of possibility. I see the shoulders on which our dreams for the future rest. You are a warrior with a solid steel spine. I do not know your name. But I know that a lot of people failed you that terrible January night and in the months that followed. I do not know your name but thanks to you I know that heroes ride bicycles. That those two men who saw what was happening to you, who took it upon themselves to step in, they did what they instinctually knew to be right. You will never be defined by what the defendant's father callously termed 20 minutes of action. His son will be. I join your global chorus of supporters, because we can never say enough to survivors. I believe you. It is not your fault. Your story has already changed lives. You have helped change the culture. You have shaken untold thousands out of the torpor and indifference toward sexual violence that allow this problem to continue. Your words will help people you have never met and never will. You had given them the strength that they need to fight. And so I believe you will save lives. I do not know your name, but I will never forget you. The millions who have been touched by your story will never forget you." From the vice president of the United States.

[12:40:57] We'll be right back.

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BANFIELD: Two images you should see on your screen right now. On the left a planned speech for Hillary Clinton, she was preceded at the microphone right there by Cecile Richards, the president of Planned Parenthood, that's where Hillary Clinton will be giving her address in Washington. But also in Washington across town, that is the face that you recognize, Carly Fiorina, a former candidate for the nomination for the Republican Party.

[12:45:08] And now speaking on behalf of Donald Trump, where he is about to address a group of nominees. Don't forget, Carly Fiorina was also Ted Cruz's vice presidential nominee choice before -- even before he didn't become the nominee. So there was that.

So the warm-ups are beginning. We're going to bring those to you live just as soon as we get to them.

In the meantime, I want to take you to Jeremy Diamond right now, who is standing by with a bit of reporting. You're at the Trump event. I'm assuming that we're getting pretty close to it. Have you seen any other big names like Carly Fiorina and Ralph Reid?

JEREMY DIAMOND, CNN POLITICS REPORTER: Well, we've had several members of the Republican senate leadership for example we had Senator Mitch McConnell who was here. We also had an other senator, Senator David Perdue of Georgia who is speaking. And we had some members of Congress as well and Senator James Lankford. So we've had a number of Republican, Washington Republicans so to speak who are here not necessarily talking about Trump. But several of them including Senator Jeff Sessions obviously one of the most prominent supporter in Trump in Washington talking about the need to elect Donald Trump in November specifically framing that in the context of the Supreme Court. Senator Perdue did so as well, where they were talking about the fact that, you know, if Donald Trump isn't elected, Hillary Clinton will be able can take perhaps at least one, maybe two, perhaps even three next Supreme Court justices which could dramatically change the face of the Supreme Court. So that certainly been a theme here today where Donald Trump is addressing social conservatives, evangelicals in particular who are here. Of course they were a big part of his base to win the Republican primaries. And so Donald Trump is looking to rev these supporters up as well as he heads into the general election.

BANFIELD: I just wanted to ask you about the -- what we're seeing right here behind you. I'm seeing Carly Fiorina, just a terrific speaker. She was great in the debates. It is hard not to forget that she and Donald Trump were at each other's throats. I said you recognize that face. I think she's beautiful. Donald Trump had an entirely different assessment of her face and made that infamous comment, look at that face. Could you vote for that face? But yet, she is introducing him. I don't think that's lost on many people.

DIAMOND: Well, just to make a little bit of distinction, Carly Fiorina is not necessarily introducing Donald Trump. She is speaking just before him. She is the last speaker before Trump in a line of speakers than we've seen today. And we have not yet heard Carly Fiorina mention Donald Trump's name today. She had said in the primary that she would support the Republican nominee. And of course like other Republican presidential candidate signed up pledge that infamous pledge saying that they would support the Republican nominee no matter who it was.

But, you know, Carly Fiorina certainly they hear her speaking just before Donald Trump is notable and that is theme right now, is Republican unity right there at least the awkward combination of that we've seen trying and come together to support Donald Trump. You'll remember of course Carly Fiorina when she came on for to serve as Ted Cruz's potential running mate. You know, she was an attack dog of sorts for Ted Cruz going after Donald Trump on a number of issues that during those last very bitter and divisive final weeks of Ted Cruz's campaign. So certainly interesting to see her here speaking just before Donald Trump, you know, they may even cross paths backstage. I would love to be a fly on that room.

BANFIELD: Right, no kidding. I as well, I want to be backstage at all of these things and I glad you made that distinction that can be very, very different. The fact that she's just the final speaker before him doesn't mean she's introducing him and who knows how their, you know, what their dynamics are like now. It's the same thing about voting for and endorsing, that seems to be different too.

Jeremy Diamond, thank you. Keep an eye on things for us. We're also keeping an eye on the other side of town as well at the Hillary Clinton event. So again, the head of Planned Parenthood, right now, the president, Cecile Richards at the mike warming up the crowd there. Both of those candidates expected to take their respected mikes shortly. And we're going to take you there live as well.

Back in a moment.

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[12:50:18] BANFIELD: So Hillary Clinton has indeed been introduced. She's at the microphone to the cheers of those in her group at Planned Parenthood. She's going to give her remarks. Donald Trump not in the mic yet. But we'll join him as soon as we've heard from the secretary.

Let's listen.

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HILLARY CLINTON, (D) PRESIDENTIAL CANDIDATE: I -- thank you all. I have to say, pink never looked so good.

I want to thank my friend and your courageous leader, Cecile Richards. You know, Cecile really is the definition of grace under pressure. She has proven that time and time again over the course of her career, and particularly, over the last few years, she really is like another great American. Her mother, Ann Richards, who was a friend of mine and just wish Ann were here to see this election. She'd have Donald Trump tweeting double time.

We reached a milestone together this week thanks to you and people all over our country for the first time, a woman will be a major party's nominee for president of the United States.

And yesterday, I had the great honor of being endorsed by President Obama and Vice President Biden and by Senator Elizabeth Warren.

So it's been a big week and there's nowhere I'd rather end it than right here with the Planned Parenthood Action Fund. I'm grateful to the entire Planned Parenthood family. You made this campaign your own, whether you knocked on doors in Iowa or rallied in California, this victory belongs to all of you. And it belongs to the 1,000 young activists who came together in Pittsburgh last month to get organized. It belongs to the staff, the donors, and to the providers, providers like Dr. Amna Dermish in Texas, who called out Donald Trump when he said, women should be punished for having abortions and the open letter she wrote defending her patient's right to make their own health decisions should be required reading for every politician in America.

And I am deeply conscious of the reality that this victory belongs to generations of brave women and men who fought for the radical idea that women should determine our own lives and futures. And it belongs to the women and men who continue to fight for that idea today even in the face of threats of violence. When a man who never should have had a gun killed three people at Planned Parenthood in Colorado Springs, leaders in this room voted unanimously to keep health centers across America open the next day.

And the CEO of Planned Parenthood, Rocky Mountains made a promise to patients in Colorado and beyond, when she said our doors and our hearts stay open. That is really what Planned Parenthood is all about.

So today, I want to start by saying something you don't hear often enough. Thank you. [12:54:51] Thank you, thank you for being there for women no matter their race, sexual orientation or immigration status. Thank you for being there for Natarsha McQueen in Brooklyn who told me how Planned Parenthood caught her breast cancer when she was just 33-years-old and saved her life. Thank you for being there for college students getting STD testing. The young people who have the tough questions that they're afraid to ask their parents, the sexual assault survivors who turn to Planned Parenthood for compassionate care, the transgender teens who come for an appointment and find the first place where they can truly be themselves. Thank you for being there for your communities whether that means taking on hostile politicians in Louisiana or handing out clean drinking water in Flint, Michigan.

And thank you for being there for every woman in every state who has to miss work, drive hundreds of miles sometimes, endure cruel medically unnecessary waiting periods, walk past angry protesters to exercise her constitutional right to safe and legal abortion.

I've been proud to stand with Planned Parenthood for a long time. And as president, I will always have your back. Because I know that for a century, Planned Parenthood has worked to make sure that women, men, young people who count on you can lead their best lives, healthy, safe, and free to follow their dreams. Just think, when Planned Parenthood was founded, women couldn't vote or serve on juries in most states, it was illegal even to provide information about birth control, let alone prescribe it. But people marched and organized. They protested unjust laws and in some cases, even went to prison.

And slowly but surely, America changed for the better. 51 years ago this week, thanks to a Planned Parenthood employee named Estelle Griswold, the Supreme Court legalized birth control for married couples across America.

When I used to teach law, and I would point to this case a look of total bewilderment would come across my students' faces, and not long after that, Roe V. Wade guaranteed the right to safe, legal abortions so young women were no longer dying in emergency rooms and back allies from botched illegal abortions. And this is a fact that is not often heard but I hope you will repeat it. America's maternal mortality rate dropped dramatically.

And it turns out, being able to plan their families, not only saved women's lives, it also transformed them. Because it meant that women were able to get educations, build careers, enter new fields, and rise as far as their talent and hard work would take them, all the opportunities that followed when women are able to stay healthy and choose whether and when to become mothers.

And you know so well, today the percentage of women who finish college is six times what it was before birth control was legal. Women represent half of all college graduates in America and nearly half our labor force and our whole economy then is better off. The movement of women into the workforce, the paid workforce, over the past 40 years was responsible for more than $3.5 trillion in growth in our economy.

[13:00:13] And here's another fact that doesn't get enough attention --