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Crime and Justice With Ashleigh Banfield

No Jail for Student Accused of Violent Assault; Mother Selling Jewelry Shot Dead Outside Home; Mom Left 2-Year-Old in Freezing Car Overnight; Typo Allows Accused Child Abuser to be Released; I-Phone Tantrum; Religious Attire?. Aired 8-9p ET

Aired December 20, 2016 - 20:00   ET

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

(BEGIN VIDEOTAPE)

[20:00:00] ASHLEIGH BANFIELD, HOST (voice-over): A violent locker room attack in Idaho, a football player is raped and beaten by his teammates.

UNIDENTIFIED FEMALE: Saw his ripped underwear. I was disgusted by it.

BANFIELD: So why is one of them getting exactly zero jail time?

UNIDENTIFIED MALE: This kind of racial hatred thing is stunning, shocking.

BANFIELD: Manhunt -- cameras were rolling as two men tailed an unsuspecting woman selling jewelry to make Christmas money. She turned up

dead, and now their days are numbered.

UNIDENTIFIED FEMALE: She let her 2-year-old inside, and she (INAUDIBLE) for gas.

BANFIELD: A little boy survives temperatures below 8 degrees overnight in a car.

UNIDENTIFIED MALE: She seemed to be in a lot of distress.

BANFIELD: But this was no accident. Police say his mom left him there while she downed shot after shot of vodka.

UNIDENTIFIED MALE: She`s had problems, apparently. She`s changing her story.

BANFIELD: Just 2 years old and wrapped in casts from head to toe, two broken arms, two broken legs. And now her mom`s boyfriend is in big

trouble. So how is he out walking the streets?

UNIDENTIFIED FEMALE: (INAUDIBLE) absolutely nothing. We were supposed to be (EXPLETIVE DELETED) appointment!

BANFIELD: And mall meltdown.

UNIDENTIFIED FEMALE: I don`t care! (INAUDIBLE) (EXPLETIVE DELETED) something!

BANFIELD: A teen tantrum caught on tape, all over an iPhone. Is this any way to treat your grandpa?

UNIDENTIFIED FEMALE: What (INAUDIBLE) five minutes ago!

BANFIELD: Time for a little PRIMETIME JUSTICE.

(END VIDEOTAPE)

BANFIELD: Welcome to PRIMETIME JUSTICE. I`m Ashleigh Banfield.

We`re following some breaking news, a massive explosion at a fireworks market just north of Mexico City. It was a passing vehicle that got just

about as close a view as you would ever want to get to a scene like this as they were driving by. Take a look.

Here`s what we can tell you. Somewhere in amidst that inferno and all of those explosions were 22 people who were killed. There were also dozens

upon dozens of people who were badly injured. Emergency crews at the scene say that the numbers are still rising and that they could do so

dramatically.

This happened at one of the country`s best known fireworks markets, and this is the aftermath. Photos from the Red Cross show the devastation and

the injuries left behind, paramedics frantically working this scene, even as we speak.

We`re going to continue to follow the story. We`re bringing you details even as we speak. And as we know more, we will pass them on to you.

I want to take to you Idaho now. A former high school football player initially charged with sexually assaulting a mentally disabled black

teammate in the locker room is apparently not going to spend any time in jail. His name is John R.K. Howard. He entered a plea to a lesser felony,

injury to a child. And for that plea, Howard is expected to get probation and community service.

But what is so infuriating is that this is a complete about-face for the prosecutors because at first, they charged him, as well as two other white

underage teammates, with forcible sexual penetration with a coat hanger. So what changed? And what changed for the deputy attorney general because

that whole thing was signed off on?

I want to bring in Mike Hayes. He`s a senior reporter at Buzzfeed. What changed?

MIKE HAYES, BUZZFEED: So what changed, Ashleigh, is they went through the case, the attorney general`s office, and they decided that, Well, yes, that

there was egregious action here, but there was nothing sexual in nature, and importantly, nothing racial in nature. That was the contention of the

deputy attorney general.

BANFIELD: So let me stop you there. Nothing sexual, nothing racial. What we do know is that three white players took advantage of a mentally

disabled black player, lured him into that locker room saying he was going to get a hug, and then ultimately -- and I apologize for the details, but

without these details, the story doesn`t make sense -- that young child, that child was penetrated with a coat hanger. So how is that not sexual?

HAYES: Well, that`s a pretty great mystery at the moment. I mean, if you look at what Mr. Howard is essentially admitting to, he`s saying that if he

went to trial, a jury would find him guilty of being the person in that locker room who kicked, repeatedly kicked the hanger while it was in the...

[20:05:14]BANFIELD: So let`s be clear about this. This particular act that John Howard is charged with is not being the initial perpetrator who

did this with the coat hanger. He is being charged instead for kicking the coat hanger while it was in place, and not just once.

HAYES: Well, it`s unclear what role he had in the luring into the locker room. There is some evidence in a separate civil case that Mr. Howard

repeatedly berated this young man, was bullying him, if you will. So it is unclear what role he played in the luring into the bathroom, but...

BANFIELD: What about the kicking? Is that unclear?

HAYES: No, that part is not unclear. That...

BANFIELD: It`s crystal clear. He kicked that coat hanger while that child had been sodomized by it.

HAYES: And Mr. Howard`s own lawyers are saying at this point, if he went to trial, he would most likely be found guilty of that.

BANFIELD: And ultimately now, he has a lesser charge of injury to a child. And again, for that, two to three years probation, 300 hours community

service. And basically, if he has no infractions, that conviction can actually be dismissed and done.

Lee Schlender is the attorney for the victim in this case. He joins me from Mountain Home, Idaho. Lee, can you hear me?

LEE SCHLENDER, ATTORNEY FOR VICTIM (via telephone): Yes, I can.

BANFIELD: What am I missing? What am I missing in that John Howard has admitted to his role. He has pled to this. It sounds extraordinarily

violent and it sounds extraordinarily sexual to me. And yet even the prosecutors are saying it`s not? What am I missing?

SCHLENDER: I`m not sure you`re missing anything.

BANFIELD: So how did this happen?

SCHLENDER: Realize that I represent this family in the civil case, filed in the United States federal court for the district of Idaho, and I can`t

veto the attorney general`s decision.

But the school investigation where this happened interviewed dozens of football players and investigated this to a large extent. They found that

there had been -- there was racial issues here, that it was a vicious sexual assault, that it all happened, and there had been taunting and

racial epithets. There was no question that this young man was -- had this coat hanger inserted into him and then slammed and kicked up into -- up

into his rectum.

BANFIELD: And so there is no -- there is consideration at this point by the prosecutors, at least as John Howard is concerned, that this is

considered a sexual incident, nor are they treating it as a race based- incident, nor are they treating it as an incident as a person with a disability. And this young man has mental disability.

SCHLENDER: That`s right.

BANFIELD: So I guess the question is here, was there something that the victim himself said when he testified that may have mitigated the roles of

those involved because perhaps, as his mother said at one point, he was trying to protect these other boys?

SCHLENDER: Well, if we go back for a moment, this young man, as you say, was mentally disabled. He did not testify when this plea agreement was

entered. The judge did not hear him. He has been hospitalized and institutionalized and under psychiatric care since this happened.

BANFIELD: Let me go back over that. You just said he has been institutionalized? Is that as a result of this or was he...

SCHLENDER: Yes.

BANFIELD: Institutionalized -- so this has caused this young man to be institutionalized.

SCHLENDER: Yes.

BANFIELD: And you`re saying he didn`t testify at all. Did he give police interviews? Did he -- did he give any witness testimony or statement that

would have diminished what seemingly to the rest of us is an extraordinarily violent and sexual offense?

SCHLENDER: Well, to our knowledge, absolutely not. There was nothing said. To our knowledge, he was not interrogated or talked to other that

the initial investigation which substantiated the charges that were brought by the attorney general`s office.

[20:10:00]This was passed on -- this case was passed on from county prosecutors to the state headquarters, the attorney general`s office, for

prosecution.

BANFIELD: Lee, did the prosecutors ever interview him? Did anyone from the prosecutor`s office ever ask him what happened?

SCHLENDER: No, not to my knowledge. And the statements as to what happened -- there`s a big thick file of those on file. The attorney

general had its own investigators, and the state of Idaho had investigators through other sheriffs` offices. The school superintendent did a very

exhaustive search and interview of this. They all came to the same conclusion, that this had happened and this is serious. He was charged.

He was going to spend -- he could spent at least 10 years and have $50,000 fines.

BANFIELD: Did your client ever complain to the school? Did your client ever tell teachers, did your client ever tell the coaches, did your client

ever put it on the record that he had been suffering abuse and bullying from these other kids or any others?

SCHLENDER: Here`s all I can tell you because the case is pending before the federal court and I don`t want to comment on the evidence. The press

has had access to documents that are on file in the court, and some of those questions and answers are there. All I can tell you is as far as we

know, there was nothing except a prosecutor`s decision somehow that they were going to allow him to effectively walk free.

BANFIELD: Unbelievable. I thank you for your input. I thank you for the interview. We`ll continue to watch this story. There is a civil case

pending, and clearly, there are other perpetrators here, alleged perpetrators who need adjudication as well.

I want to move on to a story we brought to you last night, where we showed you some video that was pretty tough to watch. It`s from 2014, and in it,

you see Oklahoma University football player Joe Mixon in a bar when he gets into a confrontation with this woman, a woman he doesn`t know.

Words are exchanged, and this happens. She slapped him in the face. He clocks her, decks her, lays her out to a point where she cannot get up.

She also broke her face in four places, her jaw, her cheek.

And now we have video just released today of Mixon`s police interview, where he describes his version of events and what brought him to the level

of action he took and what kind of a level of action he thought it was. Here are his words.

(BEGIN VIDEO CLIP)

JOE MIXON, OKLAHOMA UNIVERSITY FOOTBALL PLAYER: (INAUDIBLE) to her. You know, she was talking (INAUDIBLE), talking about how nobody was trying to

jump her. We had no problem with her. She was just being disrespectful, you know, coming and smoking in my face and getting acting crazy.

So after that, the gay dude, he was, like -- he was just like -- he called me something. He was, like, (EXPLETIVE DELETED). So then I was, like,

What? I was, like, You got to be messed up. And then I called him (EXPLETIVE DELETED). And after that, the girl, she dropped her purse.

That`s when she came to my face and pushed me. And then my glasses came off, and then, like, I had, like, jumped at her, like (INAUDIBLE) Watch

out. You know, I was, like, Watch out. And then she came in my face. I put my head down. and she swung on me. And after that, like, I was so

shocked because she hit me so hard. It felt like a dude hit me. (INAUDIBLE) after that, like, (INAUDIBLE) my face is, like, boom. Like, my

reaction was just right there.

(END VIDEO CLIP)

BANFIELD: Joining me live now, defense attorney Yodit Tewolde and former prosecutor Robert Schalk. You heard what he said. I was so shocked

because she hit me so hard, it felt like a dude hit me.

Can we roll that again just so we can see how hard it appeared she had hit him before she was laid out so hard that she broke her face in four places?

Once again, he says, She hit me so hard with that slap on the neck. Boom. That happened.

Can I remind our viewers, as well, that he got one year deferred sentence? I`m not sure I understand how that interview corresponds with this video.

ROBERT SCHALK, FMR. PROSECUTOR: It`s a direct contradiction. It`s just not true. And one of the best arguments that prosecutors are able to use

in court is the tape can`t lie to you. He can make it sound worse. He can tell you how much it hurt. That tape cannot lie to you.

And the fact that the prosecution just gave him a deferred sentence knowing that that tape exists is -- it just -- it speaks volumes to why domestic

violence will always be an issue in our court system when they aren`t taken seriously. This wasn`t taken seriously.

BANFIELD: So Yodit, it`s not only that he got a one-year deferred sentence and 100 hours of community service and mandated behavioral counseling,

after which, he refused to answer reporters if he had learned something about this, he said, Next question, effectively. Those are my words, not

his.

[20:15:00]But he got his scholarship. He kept his scholarship. He was able to go to school every day of his one-year suspended off the field, and

nothing effectively happened otherwise. And as Bob just said, the tape doesn`t lie. I`m not sure I can make this equation. Legally, help me.

YODIT TEWOLDE, DEFENSE ATTORNEY: You know, first of all, as a defense attorney, you have to look at mitigating factors. OK. What is his history

like? Is this a guy who`s never been in trouble before? How far is he in his education?

BANFIELD: You know he broke her face in four places, right?

TEWOLDE: I do. Absolutely. And I did notice in the tape that he didn`t even move. So for him to say that she hit him and it felt like a man

hitting him, he didn`t...

BANFIELD: He`s a football player.

TEWOLDE: He didn`t even...

BANFIELD: By the way, he`s a football player who gets hits by dudes a lot!

TEWOLDE: Exactly. And I`m not sure...

BANFIELD: (INAUDIBLE) makes him fall down (INAUDIBLE) a lot!

TEWOLDE: That makes him fall down. And I`m not sure if football players are just naturally reactive in that way. You hit me, and I automatically

charge with full force. I`m not sure if that`s the case or not.

BANFIELD: I know a guy named Mike Tyson who naturally reacts to punches a lot, and he went to prison for what did he.

TEWOLDE: No, I absolutely don`t think that this behavior should be condoned with him being able to keep a scholarship. Some people would

argue that his schooling has nothing to do with what he did there...

(CROSSTALK)

SCHALK: Ray Rice lost his career for the same thing...

BANFIELD: Right.

SCHALK: ... lost his -- millions and millions...

BANFIELD: The next day!

SCHALK: ... of dollars, his entire career.

BANFIELD: The next day. All right, I got to leave it here.

A lot of people try to make a couple of extra bucks at Christmas time, and we know this. Sometimes it can be a tough time of years, and so people

sell things, sometimes on eBay and sometimes they make personal appointments.

Tonight, there is a manhunt on for a woman`s killer. She was apparently just trying to sell some jewelry before Christmas so she could buy a gift

for her little girl.

(COMMERCIAL BREAK)

[20:20:28]BANFIELD: Manhunt tonight for two men in Texas. Police want to see them, want to talk to them to about a murder. And the victim of that

murder is April Vancleave. The officers say she was just trying to sell some jewelry in order to make enough money for Christmas to buy her 6-year-

old daughter a gift.

And police say she was killed after arranging to meet a potential buyer, who didn`t show up. They were supposed to be at Starbucks, at a Target

store. That was the arranged location. But instead, she went home. And when she got there, she was shot and robbed, right after arriving back at

the apartment complex.

So it is suspicious. There is this surveillance video, too, from the Target store. It`s in Arlington, Texas. These two men have raised the

suspicions of police. They want to talk to them about her killing. And it all has to do with the way they stood and the way they walked and the way

they looked as they left the Target, the vehicle they got into and the path perhaps that that vehicle took.

Steven Bartolotta is the media relations coordinator for the Arlington Police Department. Can I ask you if there is a series of surveillance

videos that you`ve been able to sort of cobble together that leads you to these two men having left that Target store and followed her all the way

home? Is that why they are suspicious?

STEVEN BARTOLOTTA, ARLINGTON POLICE DEPARTMENT (via telephone): Well, you know, they`re persons of interest right now. We haven`t really named a

suspect at this point in time. But you know, we have a lot of different surveillance video that we`ve been able to go through, you know, and

detectives are thoroughly going through the surveillance video from the Target store.

But you know, there are also a lot of other businesses that have surveillance video, as well, that we`re still going through and we`re still

able to look at. We`re still really trying to piece together all the different clues that can help lead us to the person or persons of interest

right now.

And the video that we`ve released so far, you know, those are the two that we`d really like to have a chance to talk to. You know, they are persons

of interest. We feel like they might have some information that could help lead us to the individuals who might be responsible for this. But there`s

a lot of surveillance video that we do have to work with, and right now, detectives are going through all of that thoroughly.

BANFIELD: So, so one of the things I`m noticing is a pretty specific red hat on one of them and some red sneakers on the other. They really stand

out when you look at that video. And then there`s that red truck, as well.

So as they come through the store exit, it`s very clear what they`re wearing. And as I understand this story, the next stop was in April

Vancleave`s parking lot, where there were witnesses who may have seen something that happened. Were they able to corroborate these descriptions

of these two people? What did they see, those witnesses?

BARTOLOTTA: Well, so far, we`re still going through a lot of different witnesses, eyewitness testimony that we`ve talked to and individuals that

we`ve been able to visit with right now. And as you said, you know, those two people, they have distinctive looks about them. You know, you have a

distinctive walk in one of those individuals. You do have a distinctive look for the other one, especially the red shoes, as well, as you pointed

out.

Those are characteristics and those are descriptions and those are images that we feel like are identifiable that really can help -- have the public

help us identify them, along with the witnesses that were at the scene.

You know, we have a lot of good information right now. And these two people are just two more additional persons that we want to visit with

about the situation. You know, we feel like if we`re able to talk with them, they might be able to point us in the direction, and they could give

us the information, maybe a missing link here or there that can help us bring the people responsible for this -- you know, this -- this tragic

incident, and bring them in and bring them (sic) responsible for what they did to Mrs. Vancleave.

BANFIELD: Arlington, Texas -- if anyone knows that truck, if anyone knows those people, it`d be a good idea to reach out to your local authorities,

see if we can actually come to some resolution here.

All of this as April`s family has been gathering to memorialize her. And her brother, Mark, is with me now from Arlington, Texas. Mark, how are you

and all of your siblings and April`s family -- how are you all doing?

MARK VANCLEAVE, VICTIM`S BROTHER (via telephone): Well, ma`am, we`re holding up the best we can. Obviously, April and you know, my sister and

my family, we`re doing this on a multicultural level. April was converting to Islam because she married an Islamic man, and we are -- between his

family and my family, which is a Christian family, we`re trying to reconcile this and get through this together.

[20:25:24]BANFIELD: You know, Mark, a lot of people who are listening right now, there is such a pitched fever in this country when it comes to

anything associated with Islam. People are frustrated by terrorism and they try to associate it oftentimes. Are you and your family thinking

there`s some connection to her conversion to Islam?

VANCLEAVE: No. No.

BANFIELD: Are you and your family thinking...

VANCLEAVE: No. Absolutely...

BANFIELD: ... it was strictly a robbery?

VANCLEAVE: ... not. Absolutely not.

BANFIELD: OK.

VANCLEAVE: We`re not Islamophobic. And my family thinks that`s ridiculous, that it`s not like that at all. We`re honoring her wishes with

her husband and her family, and they are honoring our wishes with our family. And right now, we`re sitting here in harmony and in sadness trying

to memorialize my sister.

BANFIELD: Well, Mark, our thoughts go out to you and your family as you try to get to the bottom of this and as you and your family obviously work

your way through this upcoming holiday season. I really do wish you are very best, and I do hope for some sort of speedy resolution to this, sir.

VANCLEAVE: We do, too. And if I`d like to -- I`d like to close out with a statement that when it comes to selling things on line and it comes to

Craigslist and these on-line services, where you barter and you sell things, it`s a very shaky world that we live in. And meeting someone even

in a public place is a very dangerous -- potentially dangerous thing. And everybody should be careful with that. And everybody should consider the

potential of these situations and be on the lookout.

The holiday season is always about -- you know, there`s always a bad element of people in the world, and these people are targeting because they

know that there`s money being exchanged.

BANFIELD: Completely understand, Mark, and that`s excellent -- it is excellent advice for our viewers because this has happened before, and

without question, it could happen again. Mark Vancleave...

VANCLEAVE: It has happened before, and apparently, it`s happened with these particular people, from what I understand. And I just want to warn

everybody to not -- to be careful.

BANFIELD: All right. Mark, thank you. And again, our best to your family as we continue to try to get details in that story.

We also have this, a mother telling police a very strange story in the bone-chilling Colorado cold.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She left her 2-year-old inside. And she said she walked (INAUDIBLE) for gas. But now she`s changing her story.

(END VIDEO CLIP)

BANFIELD: That story, officers say, nearly ended with...

[20:30:00] (COMMERCIAL BREAK)

BANFIELD: A woman in Colorado is accused of leaving her 2-year-old son in a parked car overnight. In a snowstorm. For at least 15 hours. And the

temperatures that night were minus 8 degrees. Nicole Alexandria Carmon, obviously not looking her best in this mug shot, because she is facing a

lot of trouble.

The details are a bit confusing. Safe to say she was wandering around. She was caught on a surveillance video at a gas station mouthing the words or

saying the word "target." It just so happened that that car with her baby inside was parked at a target and left at a target. It snowed at that

target. About six inches worth of snow on the top of that car.

Because at least 15 hours later, authorities finally found that car and finally found that little boy. And that little boy had hypothermia, and

also frostbite to his little foot. That little boy was just 2 years old. And Nicole Carmon is now facing felony child abuse charges.

Joining me again to talk about this, Robert Schalk and Yodit Tewolde. So, before I ask you any questions about this case, this mother apparently was

supposed to be going to work and had a baby sitter. She was going to be taking the little boy to the baby sitter and somewhere along the way, she

has admitted to pounding shots and then everything gets confusing.

She told the police stories that weren`t true and that cost her some time in terms of finding this child. Ultimately, she came clean. I want you to

hear the police radio traffic as they were trying to find this child. Have a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We`re getting conflicting information where the vehicle is parked at. She left her 2-year-old inside and she states she walked all

night for gas. Now, she`s changing her story.

UNIDENTIFIED MALE: Okay, I`ll be in the area checking.

(END VIDEO CLIP)

BANFIELD: Changing her story. I grew up in Winnipeg, Canada where it`s minus 30. And I know that you can lose your limbs from frostbite. And I

don`t know if that little 2-year-old is going to lose his foot from frostbite.

But there has to be something more than felony child abuse to this. I don`t understand where the obstruction of justice is. I don`t understand the

hindering of the investigation. How about making false statement? Are they just waiting to charge this?

SCHALK: Well, again, you`ll gonna be using the system. You have to hope that the criminal system and the family court system can work hand in hand.

Luckily, we have the family court system where the child who placed with, you know, a foster parent

[20:35:00] or a trusted relative and that this individual gets the help that she needs. She did six shots of vodka wondering on the street, can`t

find her child, and he almost die.

TEWOLDE: She said that -- they said that she did six shots of vodka. I don`t know.

SCHALK: She looks like she did six shots of vodka at least.

BANFIELD: I`m not sure if it was just six shots of vodka.

TEWOLDE: Right. And I don`t know about the obstructing of justice part. Only because I think she actually was intoxicated and had no idea what was

actually happening. How she was without a car. How she was without her son. I believe that she actually was intoxicated.

What is so sad about this case, it is a little different than the other cases that we`ve heard about this year where parents just forgot their son

or daughter in a car for a few hours because they were so busy working two to three jobs. This woman was drinking.

BANFIELD: You know, I`m not so sure. You know, I go to day, I`m not so sure. She said to the police she was in an accident. That she couldn`t

remember where she left her car. And then she said she was going for gasoline for the car.

TEWOLDE: I don`t think she remember. She went to the baby sitter the next day and said, hey, let me pick up my son and has to be reminded that you

never dropped your son off.

SCHALK: There is a deliberate changing in the story. And changing of the story, she shows that intent to try to mislead them which is to make it

(inaudible). She is hindering the prosecution because she knows that she is in trouble.

BANFIELD: I want you to hear this moment where the police talk about finding this 2-year-old. By the way, the car was covered in 6 inches of

snow. That may have saved that child`s life. That may have insulated the car from minus 8 degrees overnight and actually kept the temperature at a

livable but hypothermic level. Here`s what the police said when they found the baby.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Vehicle and child has been located.

UNIDENTIFIED MALE: Start medic. There`s a kid in here, he`s crying.

UNIDENTIFIED MALE: She is having problems apparently. She keeps changing her story.

UNIDENTIFIED MALE: He seems to be in a lot of distress. Do you got enough time for a medical?

UNIDENTIFIED MALE: He`s cold. I`m gonna put him in my car, make that assessment right now. Get here as fast as you can.

(END VIDEO CLIP)

BANFIELD: He`s cold. That`s an understatement. So, this baby sitter business. She shows up at the baby sitter the next day, where is my kid?

Baby sitter says, you never dropped your kid here. That woman`s name is Carla Bigano (ph) and she was interviewed about what this mother is like.

And this might surprise you. I want you to hear what she has to say about this mother. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: She discovered she lost her child and I discovered it wasn`t a joke and I called the cops. I don`t know how she thought he was

here. I was thinking her state of mind. She never brought him to me. I was thinking her state of mind. She is a wonderful mother.

(END VIDEO CLIP)

BANFIELD: She is a wonderful mother. We`ll see what the justice system has to say about that.

There is this other child that we`ve been covering today as well. Another little child, a little girl who was also injured. This is the picture that

we have received into our offices. She is Jayonna. She is a victim of child abuse. Four broken bones. Both of her arms were broken. Both of her legs

were broken.

You can see the evidence of the abuse on her face. So how do you think her accused abuser was able to walk out of jail on a ridiculously low bond?

When you find out, you are probably going to be very, very annoyed.

[20:40:00] (COMMERCIAL BREAK)

BANFIELD: This is one of the stories that I have to give you a warning about. Because the images I am about to show you are quite disturbing.

Pictures of little Jayonna Walker. She is 2 years old and you can see that her face has been pretty badly beaten. She also has both of her forearms

broken. Both of her legs also broken and in casts.

Police in Spokane, Washington say this is not the result of an accident. This is the result of Jayonna being assaulted by a grown-up. And they

arrested Cedric Burton. That`s Cedric Burton on your screen. He happens to be Jayonna`s mom boyfriend. He happens to be charged now with beating that

little girl. For his part, he says he didn`t do it.

According to the reports, police say there is some surveillance video at the hotel where they were all living together. That video shows Burton

living with Jayonna and her siblings, and Jayonna was walking on her own just fine. But minutes later they returned, and Jayonna could not stand up.

And Jayonna was covered with all those injuries.

Chad Sokol is a reporter with the Spokesman-Review, and he joins me from Spokane. He denies what happened, Chad. What does he say happened? If he

denied that he did all those things, what did he say happen to her that she would end up like this?

CHAD SOKOL, REPORTER, SPOKESMAN-REVIEW: Actually, I don`t know that he has specifically denied what happened in court. I don`t know that he certainly

hasn`t entered a plea yet. In the charging documents, he told -- he is alleged to have told hospital staff that he was not there. That it was the

girl`s mother who was there. What his alibi is, if he is using an alibi, I don`t know.

BANFIELD: Didn`t he also say something about her having a tough time getting out of the car. And getting wound up in a seat belt and falling, or

some ridiculous story of the like?

SOKOL: Yeah. There are several conflicting and certainly questionable accounts in the charging documents which again are written by the arresting

officers. What exactly he was trying to convey or trying to lead people to believe, I don`t know. There is some talk in the charging documents about

the little girl getting wrapped in a seat belt and somehow falling out of the car or.

BANFIELD: So, if we`re not getting his exact story and we don`t have a plea yet, what we do have is Andrew Walker who has at least been able to talk

about his part of what he knows. And Andrew is Jayonna`s father.

[20:45:00] And this is what he said about the incident upon leaving the hotel room. Why was this person, why was Cedric Burton leaving the hotel

with his girlfriend`s three children in the first place? Where were they headed and what happened next? Here`s what he said.

(BEGIN VIDEO CLIP)

ANDREW WALKER, JAYONNA WALKER`S BIOLOGICAL FATHER: They said that he took her to go get candy of some sort. And then about 30 minutes later, it was

reported that she couldn`t walk. Then later they found out that she had four broken bones, two wrists, a femur, and the leg.

(END VIDEO CLIP)

BANFIELD: Apparently little Jayonna is progressing. But there is this one added detail that we have discovered. I want to bring my lawyers in for

that. Robert Schalk and Yodit Tewolde. He was brought in on $250,000 bail. And someone somewhere dropped a zero in the typing of the documents in

court and somehow, somehow that bail got released from 250,000 to $25,000. So he`s out. How is it that you can`t fix that typo and bring him back in?

SCHALK: You can. You can go to court. The prosecutor would ask the judge. Obviously, the minutes of his arraignment are here. You will see that the

original judge said $250,000. The court file should accurately reflect that. And you will say, judge, this is obviously a typographical error. He

was released. Please reset bail in the appropriate amount.

BANFIELD: Right. Tell me though so that our viewers who never had to go through the process of being booked and thrown into plummer and making

bail, and I would imagine that for lot of our viewers, a $25,000 bail sounds like a lot of money. How much do you actually have to come up with

$25,000 bail?

TEWOLDE: Well, 10 percent of that. You go to a bondsman.

BANFIELD: So that`s not too bad.

TEWOLDE: It`s not too bad. You can get out. Luckily enough, he wasn`t a flight risk. And I believe that`s why they didn`t go in and try and add

that zero and make him pay that amount because he actually has appeared in court as scheduled so.

BANFIELD: Lucky for the people who screwed up.

TEWOLDE: Lucky for them. Lucky for the people.

BANFIELD: Absolutely. Dropped that zero and gave him the freedom to walk around when I assume little Jayonna is not able to walk yet. I want to move

on. A lot of teenagers are addicted to their phones. I think we all know what I`m talking about. Apparently when they need to get their iPhone fixed

and they`re late for an appointment, that`s when things can go absolutely off the charts.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: What do we do? We were supposed to be there five minutes ago. (inaudible) (bleep).

(END VIDEO CLIP)

[20:50:00] (COMMERCIAL BREAK)

BANFIELD: Here at "Primetime Justice," we sure do hear a lot of stories about people behaving badly. But this next video I am going to show you is

something else. A teenager at a mall somewhere in Ontario, Canada. And that teenager is throwing a tantrum. Yelling and cursing like a sailor at a man

who is reportedly her grandpa. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: No, not when I`m gonna (inaudible) be here for like 20 minutes. Just standing here, with absolutely nothing. When we`re supposed

to be at our (bleep) appointment. Yeah, we`re supposed to be there. I don`t wanna (inaudible) started all (bleep) day. Yeah, but we can`t. We`re gonna

miss our appointment. You lose your spot. I don`t care.

You might be able to do (bleep) something. What do we do? We were supposed to be there five minutes ago. Can you just please go up there and talk to

them for me. And like, leave me with money or something? Please? You take my phone, and you go up there, and you talk to them. Yeah, all right. You

go, go, go.

BANFIELD: What does he do? He go, go, go, and leaves her in line at the food court. I think that`s one very hungry teenager. Stomping her feet.

Still swearing, still mad, still frustrated. I think she couldn`t decide between needing food at the food court or making the iPhone appointment.

(END VIDEO CLIP)

BANFIELD: Danny Cevallos has joined our little coffee klatsch. You don`t have kids, do you?

DANNY CEVALLOS, CNN LEGAL ANALYST, CRIMINAL DEFENSE ATTORNEY: No. But I am thinking of adopting a highway, Ashleigh.

(LAUGHTER)

BANFIELD: And I think that`s all we need to say about that. So I have this other story that I thought the three of you could weigh in on. Only because

it`s a bit funny, it`s a bit strange, but I think there is big story behind it legally.

In Maine, this fellow went to get his driver`s license and he wore goat horns. That`s his name, Phelan Moonsong. And he argued legally that he

should be able to wear the goat horns because of her religious attire rights.

From what I gather, they`re not surgically implanted. They`re just costumery. But does that sound like legal attire? Does anybody -- I mean,

honestly, is that.

CEVALLOS: This has come up before with the Pastafarians wearing spaghetti strainers on their heads. And general rule.

BANFIELD: You`re kidding.

CEVALLOS: No, not kidding at all. No, in fact, spaghetti strainers are the colanders. Did you know that? I had no idea.

BANFIELD: I did.

CEVALLOS: I`m a ramen noodle guy, so I don`t really know.

(LAUGHTER)

CEVALLOS: So, the reality when it comes down is as long as you can see the person`s face, states will generally give you a break. But really, it`s not

so much court decision. It is gained in the moment decision by some bureaucrat at the particular DMV. So, that`s why these decisions are all

over the place.

BANFIELD: Okay. I`m going to move on to this other story. And good luck, Phelan Moonsong, when you get pulled over, because I`m not sure how the

officers are going to, hold on, I don`t know what they`re going to think that is up there. So this I think is a great idea.

[20:55:00] In Chicago, there is this new front that has been mounted against domestic abuse. And it starts -- are you ready? In the

hairdresser`s chair. Do you guys heard about this?

CEVALLOS: Oh, yeah.

BANFIELD: Brilliant.

SCHALK: I think it`s great. We talked about earlier in the show about domestic violence.

BANFIELD: What are they doing?

SCHALK: . being a huge problem. And now, they`re training. They`re making a requirement for anyone with technician license to go for training with

regard to signs for domestic violence and not to make it mandatory reporting but so they can potentially say, hey, maybe you should call this

number or maybe this is something that you can do. I think it`s fantastic.

BANFIELD: Because, Yodit, really I think the truth is everybody says everything to the hairdresser.

TEWOLDE: Absolutely. That is your moment of honesty with you and your hairdresser.

BANFIELD: So this could be part of the licensing? They`re gonna train these cosmetologists to recognize the signs of abuse?

TEWOLDE: Yes. If you think about it, it`s already so hard enough to litigate these issues in court because if like, okay, who did you talk to?

Are there evidence.

SCHALK: (inaudible).

TEWOLDE: Exactly. And now, you have one, if you feel like you can trust your hairdresser.

BANFIELD: I think it`s a great idea. Anything that can help get them the things that they need to manage what they`re dealing with. Thank you, all

three of you, appreciate it. Thank you as well, everyone, for joining me. I`m Ashleigh Banfield. See you back here tomorrow night at 8:00 for

PRIMETIME JUSTICE. Stay tuned right now. "FORENSIC FILES" starts right away.

[21:00:00] (COMMERCIAL BREAK)

END