Return to Transcripts main page

Crime and Justice With Ashleigh Banfield

Dangerous Cop Encounter; Quadruple Murder Mystery; Campus Rape Settlement; Flag on the Pay?; Right Place, Right Time. Aired 8-9p ET

Aired February 01, 2017 - 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] UNIDENTIFIED FEMALE: You got your license and registration with you?

ASHLEIGH BANFIELD, HLN HOST (voice-over): Dangerous encounter.

UNIDENTIFIED FEMALE: Why are you shaking so bad?

UNIDENTIFIED MALE: I`m just nervous.

BANFIELD: Cops know every stop could be their last.

UNIDENTIFIED FEMALE: Do not do what I think you`re about to do.

BANFIELD: But this badass trooper could not be stopped.

UNIDENTIFIED MALE: Why did you stop me?

UNIDENTIFIED FEMALE: Stop! Stop!

UNIDENTIFIED MALE: Please, why did you stop me?

BANFIELD: Her nail-biting chase and dramatic crash. Did she get her man?

UNIDENTIFIED FEMALE: Stop him! Stop!

BANFIELD: Quadruple murder mystery, a mom, two teenagers found burned out in their home.

UNIDENTIFIED MALE: Firefighters battled the fire.

BANFIELD: A dad in his truck found scorched miles away. But who would do such an evil thing?

UNIDENTIFIED MALE: (INAUDIBLE) nice people don`t get killed like that!

BANFIELD: And did they leave any clues behind?

While her classmates were getting diplomas, she was in the hospital for treatment, alleging rape by her professor right before graduation. Now, a

million reasons why a university payout...

UNIDENTIFIED FEMALE: (INAUDIBLE) does not mean anything to me.

BANFIELD: ... just may change campus rape.

UNIDENTIFIED FEMALE: It just helps at least one person (INAUDIBLE)

BANFIELD: They`re often as entertaining as the players, but they`re paid roughly 600 times less than the men.

UNIDENTIFIED FEMALE: How much did you make for practices?

UNIDENTIFIED FEMALE: Zero.

BANFIELD: And if you think that`s peanuts, even the guy who sells those make more.

UNIDENTIFIED FEMALE: How much did you make for photo shoots?

UNIDENTIFIED FEMALE: Zero.

BANFIELD: A former cheerleader is suing, saying it`s time the NFL evens the score.

A car rockets off a highway exit ramp.

UNIDENTIFIED MALE: This fellow, he didn`t even hit his brakes.

BANFIELD: But it`s not the first time, or even the second or third.

UNIDENTIFIED MALE: He just kept going straight without turning.

BANFIELD: Shouldn`t somebody fix the darn ramp?

UNIDENTIFIED FEMALE: I`m homeless. Live in my truck.

BANFIELD: Down but not at all out.

UNIDENTIFIED FEMALE: She`s my hero!

BANFIELD: A homeless woman becomes superwoman.

UNIDENTIFIED FEMALE: I screamed, Help me! I can`t breathe!

BANFIELD: And saves her fellow American.

UNIDENTIFIED FEMALE: I`m just glad I was there to help!

(END VIDEOTAPE)

BANFIELD: Hello, everyone. I`m Ashleigh Banfield. This is PRIMETIME JUSTICE.

I want to start you off tonight on a lonely stretch of road in Greenville, South Carolina, a woman alone in her car, a bad guy stopped in front of

her. If this were you, would you get out of your car and approach him, or would you just get out of there? And fast?

Well, if you are trooper Rebecca Winstead, you wouldn`t have a choice. Cops do something incredibly dangerous every time they approach a car.

That driver they stopped could be a felon, and a cop could be the only thing between them and a return to the slammer. So put yourself in Trooper

Winstead`s shoes as you`re about to watch her pull over Brian Saunders. And yes, he`s a felon in a stolen car, an automatic ticket back to jail.

(BEGIN VIDEO CLIP)

TROOPER REBECCA WINSTEAD: Put the car in park. Is it in park?

UNIDENTIFIED MALE: Yes.

WINSTEAD: OK. You got your license and registration with you?

UNIDENTIFIED MALE: I don`t have my license on me.

WINSTEAD: All right.

UNIDENTIFIED MALE: I know my driver`s license number.

WINSTEAD: OK. Be nice if you had a license.

UNIDENTIFIED MALE: Yes, ma`am. (INAUDIBLE)

WINSTEAD: Why are you shaking so bad?

UNIDENTIFIED MALE: I`m just nervous.

WINSTEAD: Why?

UNIDENTIFIED MALE: I guess because I got pulled over.

WINSTEAD: All right. Not wanted or anything, are you?

UNIDENTIFIED MALE: No.

WINSTEAD: (INAUDIBLE) OK?

(END VIDEO CLIP)

BANFIELD: Yes. I know this moment. This is the moment when most of us think this stop is a hassle. I got to wait for this officer to call in the

license and the tag. But if you`re Brian Saunders, you`re starting to sweat, especially if you`re in that stolen car, and again, you`re a felon.

So what do you suppose happens when Trooper Winstead walks back to his car?

(BEGIN VIDEO CLIP)

WINSTEAD: Do not do what I think you`re about to do.

UNIDENTIFIED MALE: What are you opening the door for? Why did I get stopped? Why did you stop me?

WINSTEAD: Stop! Stop!

UNIDENTIFIED MALE: (INAUDIBLE) stop.

WINSTEAD: Stop! Stop!

UNIDENTIFIED MALE: Please, why did you stop me?

WINSTEAD: Stop! Stop!

(END VIDEO CLIP)

BANFIELD: That`s a pretty violent thing that just happened to that trooper. But after being knocked down, any ordinary person would probably

just call for help. Not Winstead. She has ball bearings of steel. Watch what she did next.

(BEGIN VIDEO CLIP)

[20:05:04]WINSTEAD: (INAUDIBLE) Stop him! Stop!

UNIDENTIFIED MALE: (INAUDIBLE)

WINSTEAD: (INAUDIBLE) red shirt (INAUDIBLE) bluejeans and (INAUDIBLE)

(END VIDEO CLIP)

BANFIELD: So that is why cops are awesome. And Darrin Porcher is one of them. He`s a retired NYPD lieutenant, criminal justice expert. He`s here

to walk me through what I just saw.

First of all, can we just agree she`s incredible?

DARRIN PORCHER, RETIRED NYPD LIEUTENANT: Her valiantry (ph) -- her valiantry (ph) here was just outstanding. However, we can`t discount the

fact that this was a tactical nightmare.

She should have positioned herself directly behind the motorist, where it would have been awkward for the motorist to introduce any documentation

back to her. That being said, subsequently, the car pulled off. She could have been killed in this situation. In addition...

BANFIELD: What about this part where she`s actually reaching in to get him? She`s all of five foot blink blink. I mean, she`s a small person.

PORCHER: Whenever you have situations like this, the first thing you need to think of is safety. Regress from the situation. Call for additional

backup. That`s safe for you, as well as the suspect, because she could have lost her life here. So when we look in terms of how this could have

been handled tactically or more tactically sound, once again, the first thing is get on your radio.

BANFIELD: I -- I still think she`s...

PORCHER: That`s your most important weapon on street.

BANFIELD: I think she`s badass no matter what. She did get on the radio, but to returned to the car when she found out it was stolen. Should she

have done that?

PORCHER: No. Once she received the radio transmission that the car was stolen, sit in your vehicle, await further personnel to assist you in this

because the key is you want to exit this encounter as safely as possible for both the motorist and the officer, as well...

BANFIELD: All right...

PORCHER: ... because as you see, she`s five feet tall. And look, she almost lost her life here.

PORCHER: So the pit (ph) maneuver, which was the third video we showed, was her getting up from this moment and taking that cruiser and charging

into him with such force...

PORCHER: And ramming into the person.

BANFIELD: She got her man! She got this loser! But I guess the force was so great that the dashcam sort of lost its imagery at that point. But she

got the guy, Darrin!

PORCHER: Yes, but that`s an additional problem. You cannot control the impact on two moving cars, especially in the process of a police pursuit.

She could have been killed!

BANFIELD: Yes, she could have. But she`s so tough. Look at her, this little five foot nothing, like you said.

Real quickly, I want to bring in Emily Campagno and Danny Cevallos, who are watching this with me, as well. As attorneys, you don`t usually get to see

this part. You usually get to see the bad guy in the cell looking for your help at this point. But this is bad news.

I mean, Danny, this is bad news for this guy because it is all caught on tape, everything that was done. Plus, he`s got that pesky rap sheet from

his past.

DANNY CEVALLOS, CNN LEGAL ANALYST: Yes. Increasingly, everything is being caught on tape. You know, five, six years ago, defense attorneys did not

get a packet from prosecutors that included a CD or a DVD with the entire car stop caught on tape, including the cursing of your client in the back

seat of the car as you drive -- as they drove to the station. So this is a part of criminal defense. It`s a part of prosecution now.

One thing I would differ with is the attempted murder charges in this case. With all due respect to the trooper and to the officers out there, there

doesn`t appear to be any specific intent to kill, even though we know that most simple assaults are automatically aggravated, to aggravated assault

when conducted against an officer.

BANFIELD: I`m glad you brought that up! And Emily, I`d love you to jump in on that. I was a little surprised, I got to be honest, looking at his

mug. Look, he doesn`t look like a nice guy to me. But did you see attempted murder? Because that`s what he`s facing. And I believe that`s

30 years.

EMILY CAMPAGNO, ATTORNEY: It is. And Danny`s right, honestly. There`s no evidence here, but specific intent required. But these kind of dammit (ph)

charges -- this is sending a message. This is sending a message to any felon sitting in a stolen vehicle as an officer approaches, Don`t try to

escape because it`s going to go from zero to 60 in the charge department like that!

BANFIELD: So Darrin, as a cop, former cop, I just want to ask you really personally -- I don`t want you to give me the policy. I don`t want you to

quote any code. From your heart, what was it like to actually approach those vehicles? Every single time you walked up behind one of those

vehicles, it could have been a guy who`s looking at you as the gateway to going back to prison. What was it like for you? Did you breathe heavy?

Did you have to think it through? Was it just by rote?

PORCHER: Well, I was a sergeant in the NYPD`s police academy. and trained recruits for these types of encounters. I`ve also experienced it. And I

can say the experience is something that you never forget. Your heart is pulsating as if it`s going to bust out of your chest.

These encounters, these car stops -- we have a lot of officers that are injured throughout the process of car stops and domestic disputes, highly

rated (ph). So when we take in consideration what this officer was going through -- she`s going through an amalgamation of different emotions when

she`s approaching this car, particularly by herself.

[20:10:10]And that`s what goes back to she should have had someone else to protect her, to prevent this encounter from becoming possibly fatal.

BANFIELD: I`ll tell you, this is the kind of video, folks -- I look at this, and I think every person who gets stopped needs to remember what the

cop who`s approaching your car is thinking. They don`t know you`re a nice person! They don`t know you from Adam! That cop could be about to lose

her his or her life, and we need to respond appropriately.

Honestly, I`m always nervous when I see that because I`ve seen all too many, you know, examples of that kind of thing.

Darrin, nice to have you. I`m going to keep you two, if you`re not too busy. Would you stick around? Thank you, Danny, Emily.

You know, it is not every day that police in a small town have something like a quadruple murder mystery on their hands. And that is tough. So

when you see the scary picture of a burned-out truck with a body inside turn an investigation on its head, it`s no wonder they are baffled.

Also, a car goes virtually airborne, flying off a highway exit ramp. And guess what? It is not the first time it`s happened. And it`s not the

second. And it`s not the third time. You will not believe how many times this has happened.

(COMMERCIAL BREAK)

[20:15:16]BANFIELD: When dispatchers in Washington state got a mysterious 911 call the other night, they had no idea what was going on. The caller

told them that something violent was happening inside the home. So naturally, the deputies responded. But when they got there, they found a

house fully engulfed in flames so bad, they couldn`t even get inside. And then when those flames actually died down and they did get inside, they

found something even more horrible.

(BEGIN VIDEO CLIP)

DEP. SCOTT WILSON, KITSAP COUNTY SHERIFF`S OFFICE: Firefighters battled the fire, got it secured, got it put out, and in their course of doing that

came across the remains of three people inside the residence, two males and a female.

(END VIDEO CLIP)

BANFIELD: That`s officially the speak (ph) that you use when you`re talking about three members of a family who lived there. They had been

murdered. The mom, Crystal Carriaga (ph), and sons Hunter (ph) and Jonathan. (ph)

But dad, John Carriaga (ph), was nowhere to be found. Here he is earlier, in better times. John (ph) was gone and so was his truck. So naturally,

you would think he`s a suspect. And that`s exactly what the investigators thought, too, until they came upon this, a very eerie picture of Carriaga`s

truck.

So they approached. And then they found it wasn`t actually an abandoned truck. Ten miles away from that burned-out home with three bodies in it

was this burned-out truck with John`s body in it. So that`s a fourth murder victim.

And the officers at this point are looking for leads, any leads. Who killed this beautiful blended family? If they know anything at this point,

they`re seemingly keeping it close to the vest.

Lieutenant Earl Smith from Kitsap County sheriff`s office joins me now live. He`s in Port Orchard, Washington. Lieutenant, thanks so much for

being with me. Do you know anything more this evening as to who is responsible for this quadruple murder?

LT. EARL SMITH, KITSAP COUNTY SHERIFF`S OFFICE (via telephone): Well, detectives are still following up on it. We`re following up on leads that

we are receiving. We`re following up with sometimes search warrants, collecting evidence, Working with the crime lab. We`re also reaching out

to other federal agencies to assist us as needed.

BANFIELD: Was there anything that you discovered in the house or the car, albeit they were burned -- but was there any evidence that might have

provided a lead?

SMITH: Well, yes. We`ve collected numerous items of evidence both from the residence and from the vehicle. We are prioritizing the evidence,

analyzing the evidence and working with the crime lab to have that evidence analyzed.

BANFIELD: Can you tell me about that mysterious 911 call? I have seen reports that you believe that call came from inside the home. Is that

true?

SMITH: We did receive a 911 call. And it`s very possible and likely that the call did come from within the residence.

BANFIELD: But who was it? Who was on the phone?

SMITH: That we have not confirmed as of yet. And we`re still having that 911 tape analyzed. We`re having a little difficulty due to voices talking

over one another. But we are analyzing that and we hope to have that answer soon.

BANFIELD: So you just told me something I did not know, that there were voices talking over one another. Can you describe what that call was like?

Was it a fight? Was there yelling? Was there screaming? Was it eerie?

SMITH: No, let me clarify. It was the 911 dispatcher that`s talking over the other voice.

BANFIELD: And so all I have seen, sir, is that something violent was happening inside the home. That`s the only information I have seen. What

other information was given? How was it delivered? What was the exact quote on that 911 call?

SMITH: The 911 call and the contents of that phone call are not being disclosed at this time. We want to maintain the integrity of the

investigation and we do not want to compromise it. And so at this time, we`re not going to be releasing the details of the content of the 911 call.

BANFIELD: I understand and I can appreciate that. I`m going to try one more time. Was this one sentence and a hang-up? Was this a conversation

between the dispatcher and whomever that caller was that was cut off abruptly by perhaps someone else? Is there anything you can characterize?

SMITH: Well, I can tell you that the 911 dispatcher was able to ascertain enough information to send emergency responders there to the scene, at

which point, you know, they encountered the scene in which they encountered, finding the residence on fire.

[20:20:12]BANFIELD: All right. So once the flames died down enough for investigators to get inside that home, they discovered the first of the

four bodies -- three. Three bodies in the home. Do you know at this point how those three people died?

SMITH: Yes. We are aware of how they died. They underwent a forensic autopsy. And however, I can tell you that they died of homicidal violence.

BANFIELD: Homicidal violence can be so many things. Were there gunshots? Is there anything else you can ascertain as to the way these victims were

killed?

SMITH: Yes, we`re familiar with how they were killed. However, again, we don`t want to compromise the investigation and give out information that

would only be known to the killer. And so that`s why I characterize it as homicidal violence at this time.

BANFIELD: Lieutenant Smith, thank you so much.

Dillon Honcoop is a host for KGM News. He`s live in Bellingham, Washington, tonight. Dillon, this is a mystifying situation. I don`t feel

like I have any more information from the lieutenant. I get it. It`s a mystery. It`s a quadruple homicide. They have to keep some things close

to the vest.

What kind of family are we dealing with here? What were they known as? What sort of people were they in the community?

DILLON HONCOOP, KGM NEWS (via telephone): This is a family that had obviously had some rough times. They`d been through a lot. And it`s a

blended family, kind of the "Brady Bunch" thing going here, two 16-year-old sons. Jonathan, the 16-year-old son, was a son of Crystal. The 16-year-

old son, Hunter, was the son of John.

And together, they had a family business. We know the sons helped out at a taqueria that the family owned there in the Seabeck area. It`s near Bangor

(ph), Washington, where there`s a big Navy base and a lot of military customers were known to come through there, a really kind of popular

growing (ph) place that had been in the news in the past.

BANFIELD: Absolutely bizarre.

HONCOOP: They were just known to be a friendly, outgoing family, hunter, football player, the local high school, North Kitsap high school, number 43

on the football team. Everybody seemed to love the kid.

BANFIELD: Well, I sure hope they`re able to get more information as they weave their way through this mystery. Thanks so much, Dillon. Appreciate

it. Dillon Honcoop calling us with KGM News.

Finishing college should be a real time for celebration, but there is one young woman who says when she should have been accepting her diploma, she

was instead reporting a rape. She said the university minimized her claims. And why they aren`t minimizing those claims anymore?

Plus, robbers hold up a bank, but they leave behind something very strange for a little 7-year-old kid to find. You`re about to hear what the 7-year-

old says about the discovery and how it may have solved a crime.

(COMMERCIAL BREAK)

[20:26:15]BANFIELD: College graduation is supposed to be a time of celebration, and that`s just what a California woman thought she was doing

the day before getting her diploma back in June of 2015. Luz Portillo says one of her professors invited her, along with another student, to a wine

tasting event under the pretext of celebrating the big day.

She admitted to having too much to drink, but she says her professor raped her even after she lost consciousness. So while her classmates walked

across the stage to receive their degrees, Luz Portillo wasn`t there. She was at the police department and in the hospital, where the staff performed

a sexual assault exam, a rape kit.

Portillo says police at the university of California Santa Cruz tried to minimize what had happened to her. And about a year-and-a-half after

graduating, UC Santa Cruz has changed course, it seems, and agreed to pay her. And not just a little, a lot, more than $1.1 million before a civil

lawsuit or criminal charges were even filed. But Luz says this was never about money.

(BEGIN VIDEO CLIP)

LUZ PORTILLO, ASSAULT VICTIM: This is still a very present problem in my life, something I`m dealing with on a daily basis. The monetary does not

mean anything to me. All I wanted was some sort of recognition of what happened. If this helps at least one person, if this encourages one person

to come forward, then putting my name out there was well worth it.

(END VIDEO CLIP)

BANFIELD: The woman you just saw joins me live now. Luz Portillo is sitting beside her attorney, John Kristensen. They are live in Los

Angeles. Thank you both for being here.

Luz, if I could begin with you -- what happened? What happened that night?

PORTILLO: I don`t recall what happened that night.

BANFIELD: But ultimately, there are details in filings that you went to a wine tasting, and that ultimately, you, along with the professor and

another student, ended up back at that other student`s residence, I believe it was? Take me from there.

PORTILLO: I wish I could have something solid to tell you, but I don`t recall anything. I don`t recall anything of what happened. All I know is

what is -- what`s been in the investigative reports.

BANFIELD: OK. And so in that investigative report, what happened? You apparently woke up not clothed? I mean, give me some details. It`s just -

- it`s difficult for people to understand your story, especially if you don`t know the story. But I do think you have some information that leads

to where you are today.

PORTILLO: Yes. I woke up disoriented, not knowing exactly what had happened. It`s as if that part of my memory is completely taken away. The

amount of time that`s missing in my life is something I`ll never get back. I woke up disoriented and confused and scared. And I did what every woman

is told to do, call the police, not shower, wait for the police to come and pick up your clothes. And that`s exactly what I did.

BANFIELD: When you woke up, where were you and what were you wearing?

PORTILLO: When I woke up, I didn`t have anything on. I woke up in somebody else`s bed, a bed I`ve never seen in my life.

BANFIELD: And whose home was it?

PORTILLO: It was the other student`s...

(CROSSTALK)

BANFIELD: So you went forward. Something seemed wrong. And you went to the hospital. You went to the police. Ultimately, what happened with the

police because as we`ve been looking, we can`t find any charges for this professor who you allege raped you and who now you have actually settled a

remarkable case with the university over.

[20:30:10] Why did the police not go forward?

KRISTENSEN: Sorry to interject, Ashleigh. I think that`s a question for the police. We don`t know. I think that`s a question more for the local D.A.

BANFIELD: Did they tell you?

KRISTENSEN: No.

BANFIELD: No answers from the police? No response? Nothing at all?

KRISTENSEN: We asked for the police report, and they said we need a subpoena to get the police report. So, unfortunately, we don`t have those

answers. The best place to ask those questions is from the UC Santa Cruz County D.A.

BANFIELD: Luz, did the university acknowledged that one of its professors raped you?

PORTILLO: No. They`ve never acknowledged that he sexually assaulted me.

BANFIELD: But they did pay you $1.15 million in a settlement, correct?

PORTILLO: They did.

BANFIELD: What did they say the money was for?

KRISTENSEN: The settlement was to release the claims of the university. And like almost all civil settlements, the defendants didn`t admit their

liability or guilt. But the number itself speaks -- the number of the settlement speaks for itself.

It`s what we believe the largest if not one of the two largest settlements in the United States. Unfortunately, these settlements have been far too

small to serve as a deterrent to the epidemic on American campuses.

BANFIELD: So, I`m curious, Luz. It is so rare in a rape case that there is a third person -- and just pop that statement down for a moment. I`ll read

that in a moment. But I have a question for Luz. It is so rare in a rape case that there is a third person present. Ultimately that is a witness,

the other student. What has the other student said happened while you were unconscious?

PORTILLO: She`s my perpetrator.

BANFIELD: And what was her response in all of this?

PORTILLO: She was scared. I haven`t had contact with her. She was afraid that I was going to report this because she knew that something was wrong.

BANFIELD: So, ultimately, the rape was not only allegedly the professor but also the other student?

PORTILLO: Yes.

BANFIELD: So now I`ll put the statement up, if I can. The university came out with just -- January 31st. I mean, this is very, very recent. As soon

as these allegations were reported, the campus acted swiftly to address the victim`s claims. It goes on to say, which appear to be clear violations of

the UC Santa Cruz policy on sexual violence and sexual harassment.

So Luz, without an admission from the university that you in fact were raped by one of their professor, is this settlement of $1.15 million

satisfying to you? Because ultimately you said in that brief clip that we showed this isn`t about the money.

PORTILLO: This isn`t about the money. It`s never been about the money. It`s been about acknowledging that there was wrongdoing by a professor who was

known to have done this before, who has been known to have crossed the line with other students. And, unfortunately, the people who are supposed to be

reporting this never did.

And I became -- I became -- it fell on me. And it fell on me to come forward and say enough is enough. This is not a problem that we should be

having. I was sent to school to learn.

BANFIELD: I hear you. I`m just curious. I`m just curious that with a settlement, albeit a huge amount, but no acknowledgment of wrongdoing, are

you getting what you need to say enough is enough? Or has this problem really not been resolved?

KRISTENSEN: Ashleigh, if I could interject, I think the point Luz is trying to make is the only reason we`re here, talking to you, Ashleigh Banfield,

right now, is because of the size of the settlement. We wanted to get the word out that there`s an epidemic on American campuses going on right now.

It`s documented.

But there hasn`t been a deterrent. Part of our claim was the school knew that this professor had relationships in violation of the faculty code

beforehand. They weren`t doing it. Until American universities start enforcing their old rules and adopt stringent, stricter rules, this

epidemic is going to continue.

The only way we`re able to explain this and express this is the size of the settlement. That`s it. That was a legal claim. But that`s the only reason

we`re here. The only reason it`s not swept under the rugs. It`s public record acts. And the fact that sexual assault claims can`t be confidential

in the State of California.

BANFIELD: I tell you what. It is also a huge story in terms of the effect - - maybe a chilling effect that this will have on colleges

[20:35:00] across the country to take this more seriously and to certainly keep their eyes out and to listen right away when someone comes forward

with a claim. Luz, John, thank you both. I appreciate you being on tonight.

PORTILLO: Thank you.

KRISTENSEN: Thank you so much, Ashleigh.

BANFIELD: Thank you. So, this is a big, big week for sports news, even if you`re not a sports fan because there is an NFL game that is about to be

played. Super Bowl. Maybe you`ve heard of it. But, this story is not about what`s going to happen on the field. It`s instead a story about a former

cheerleader who is suing the NFL, saying that the league is working alongside owners to keep their pay so painfully low.

We don`t even have the scale of a screen to show you the discrepancy between the cheerleaders and the players. Does she have a point or can they

walk away from the job if they don`t like it?

(COMMERCIAL BREAK)

[20:40:00] BANFIELD: In less than four days, the Atlanta Falcons and the New England Patriots are going to play in the Super Bowl. But you knew

that, right? What you don`t know maybe is that there`s a big controversy brewing within the NFL, not about the players, about the cheerleaders.

A former member of the San Francisco cheering squad, the Gold Rush, is suing, claiming that the league and its teams are conspiring to keep their

pay low. Here is what Jane Doe told ABC`s "Good Morning America".

(START VIDEO CLIP)

JANE DOE, CHEERLEADER WHO FILED LAWSUIT AGAINST NFL: The cheer leading life looks quite glamorous. But I think once they see the number that`s actually

attached to that, it`s not what you would think at all. I just want them to know their worth, to not be taken for granted.

(END VIDEO CLIP)

BANFIELD: Unless you think these women just show up and dance, shake the pompoms, think again. Some of these cheerleaders work 42 weeks per year.

They practice several times a week for hours. They attend corporate events and charity events. But they`re only paid a flat per game fee most often,

which can be as little as -- you ready? 150 bucks.

So let`s also just throw on that heap that they are photographed regularly for promotional material like programs and team calendars. Their average

salary, about $3,000 a season, and that compares to the average salary the guys on the field of more than $2 million per season. Just look at those

numbers, guys.

The cheerleader, who is also on TV, doing her thing, three grand a year. The average football player, $2 million a year. Jane McManus is a reporter

for ESPNW and she joins me now from Houston. So Jane, I don`t think a lot of people knew how significant the discrepancy is between the players and

the cheerleaders and not to say that they do the same job, they do not.

But 600 times less, they`re paid 600 times less on average than the guys on the field. And it`s not like they`re not bringing in revenue for the

leagues.

JANE MCMANUS, REPORTER FOR ESPNW, HOUSTON: No, they are bringing in revenue. They also do a lot of charity work and kind of brand. I was in

Montreal last year working on a story, and I went to a hospital as part of it and walked through the hospital. And there were about five or six

cheerleaders from various NFL teams.

And they went into each room and they smiled and they shook the pompoms and they just -- you could see the faces of these kids in this hospital

lighting up. But I think, you know, that kind of goes to show that they want these women to be the face of the league. And yet at the same time,

they don`t want to pay it like it`s a profession.

BANFIELD: Yeah.

MCMANUS: Not every team has NFL cheerleaders and I think part of the idea is the conflict about what is the role of the cheerleaders. It`s not like

high school where they just sit and cheer. They are really more than that at the NFL level.

BANFIELD: They work very, very hard. I had, you know, one on one contact with a lot of these squads, especially Dallas Cowboys cheerleaders. They

work like dogs. I want to hear something that Bryant Gumbel was able to gather in "Real Sports" that airs on HBO.

They did this great, you know, entire breakdown of the cheerleaders and what they make and what they don`t make. Just have a listen to what this

one Oakland Raiders cheerleader had to say.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: How much did you make for practices?

UNIDENTIFIED FEMALE: Zero.

UNIDENTIFIED FEMALE: How much did you make for photo shoots?

UNIDENTIFIED FEMALE: Zero.

UNIDENTIFIED FEMALE: How much did you make for team meetings?

UNIDENTIFIED FEMALE: Zero.

UNIDENTIFIED FEMALE: How much did you make for workouts?

UNIDENTIFIED FEMALE: Nothing. Zero. But the reality is, if you don`t want to do it and if you don`t like the pay structure, how many other women are

there that are very happy to take your place?

You know, probably a lot. But it doesn`t make it right. There are a lot of jobs out there where tons of people would love to be a reporter. Does that

mean you don`t deserve to be paid for your talent, for your time, for your hard work?

(END VIDEO CLIP)

BANFIELD: It`s a really good question. I`m with her.

(LAUGHTER)

BANFIELD: Obviously. Hey, so I just want to read something from "Time" magazine because "Time" magazine actually interviewed Front Row Marketing

and they analyzed the money that the cheerleaders are actually responsible for. There`s actually some tangible value that they`ve been able to assess.

What the cheerleaders bring in. In a financial figure to the actual league. Here it is.

TV appearances of the cheerleaders on game days alone are worth $8.25 million to the NFL. That`s just one game day. $8.25 million. That`s the

cheerleaders. If you want to break that down, $317,000 per year for each team in the league. They also provide value by promoting ticket sales and

promoting the NFL brand.

I want to bring in, if I can, Drexel Andrew Bradshaw who is an attorney for the Jane Doe, who is filing that suit against the NFL, joins me from San

Francisco. Drexel, thanks for being here.

DREXEL ANDREW BRADSHAW, Thanks for having me, Ashleigh.

BANFIELD: It is not as though it is not sort of tangibly measured that they bring in money to the bottom line of the NFL. Why is it that when the

players fought this

[20:45:00] and said we bring in the money, you`re not paying us fair, they were able to up their salaries. Why is it so hard for the cheerleaders?

DREXEL ANDREW BRADSHAW, ATTORNEY FOR JANE DOE FILING SUIT AGAINT NFL: Because the NFL and its member teams that have cheer leading squads have

put these women through the ringer and told them that they are lucky to be there, they don`t even refer to them as women. They call them girls.

They`re almost brainwashed to believe that what they`re being told by these teams and the NFL is true. Except it`s not true. The laws protect the free

enterprise system in this country as much for women as it does for men. And this has become an abomination that the NFL continues to act so much this

way.

BANFIELD: Let me just quote something else from this "Time" magazine article with regard to what the men on the field did when they felt like

they were in this position. They brought in a lot of money with their hard work on the field and they want to get a fair share of it.

The article states this. The share of its revenue that Major League Baseball paid to its players increased from 17 percent in 1956 to 53

percent in 2012. Over the same period, the National Football League increased the share of its revenue paid to the players from 32 percent up

to 52 percent. So it ain`t like it hasn`t happened before, Drexel.

What do you think the odds are that this suit actually gonna prevail and that the cheerleaders are gonna start making more than -- I`m not kidding

when I say this, making more than the guy selling peanuts and beer and making more than guy dressed as the mascot, who doesn`t have to be

specialized, doesn`t have to learn a lot of routines, doesn`t actually risk injury because a lot of these cheerleaders end up in rehab and break their

ankles and hurt themselves. What are the odds you`re going to prevail?

BRADSHAW: I`m pretty confident. I`ve put a lot of time, energy, and own resources into filing this lawsuit. And I believe in the cause of these

women. I think it`s a national tragedy that they`ve been treated this way. And it has to stop.

BANFIELD: Okay.

BRADSHAW: They`re not asking for player-type income. They`re not asking for that. But they should be able to compete in the marketplace. And the best

NFL cheerleader, I assure you, is the very best in the country.

BANFIELD: Yeah. Something commensurate at least, right? Something commensurate with what they bring in to the league. Drexel, hold on for a

moment. When we booked Emily Compagno tonight to be a lawyer on our panel, we were unaware, madam, that you are a former NFL cheerleader. You must

feel something about this.

COMPAGNO: I do. And what I feel is looking through my attorney lens that it was a matter of time, only a matter of time before it landed on Roger

Goodell`s desk. And that we`ve seen some settlements by a few teams.

We`ve seen around 20, 25 congressmen and other state leaderships in elected positions that sent a letter to Roger Goodell imploring him to classify all

the cheerleaders with the member teams as employees. So, to me, I see an energy generation that really has resulted in this. So I`m not surprised at

all, frankly.

BANFIELD: The NFL right now has a problem with women. After all the sexual assault issues that they`ve had to deal with, they are struggling in their

image with women. I think it`s more than 50 percent now of the fan base is women. Do you think that will at least push their buttons on a suit like

this?

COMPAGNO: It should. And frankly, that was something that the congressmen addressed specifically in their letter. They addressed the domestic

violence issue and the fact that the NFL should use their platform and address the fact that 42 percent of their fan base is women and it`s

incumbent upon them to take a stance appropriately.

So what I see happening is either a settlement or we need to be intrigued by the fact that there might be some logistical issues here. So, stay tuned

for their obvious inevitable motion to dismiss that they are going to file to say look, we have no say over what these member teams did.

BANFIELD: Can`t wait to see how this gets litigated. Can`t wait for them to say oh, they`re not worth it. Interesting. I think they`re worth it. I

think they do the job. I think they should be paid. I think women have had this struggle in every single industry. And I`m so glad we booked you

tonight. Go figure. Thank you, Emily.

This is a brutal fact of life. Homeless often fade into the background of your everyday life. But not this woman. She`s a hero.

(START VIDEO CLIP)

MARIA PROFFITT, HOMELESS WOMAN CREDITED FOR SAVING LIFE: I looked at the kangaroo as my family. Because I`ve hung out here for so long. I feel like

they`re my family.

(END VIDEO CLIP)

BANFIELD: And, lucky for this woman, Maria Proffitt was there when it mattered most. You`re going to meet her.

[20:50:00] (COMMERCIAL BREAK)

BANFIELD: We`re all guilty of it. Walking by the homeless pretending they aren`t there. Let them fade into the background of our everyday lives.

Until you meet Maria Proffitt of Colonial Heights, Virginia who is not invisible. She is invincible.

(START VIDEO CLIP)

PHYLLIS HICKS, WOMAN WHO SUFFERED HEART ATTACK AND HELPED BY MARIA PROFFITT: She is my hero. If it hadn`t been for her, who knows, I may not

be here talking to you today.

UNIDENTIFIED MALE: At any given time, day or night.

PROFFITT: I`m homeless.

UNIDENTIFIED MALE: You might spot a pickup truck parked here.

PROFFITT: I live in my truck.

UNIDENTIFIED MALE: The woman inside, Maria Proffitt, keeps to herself.

HICKS: She doesn`t bother a soul. She doesn`t ask anyone for money. She doesn`t ask anyone for help.

UNIDENTIFIED MALE: When it comes to those who work here.

PROFFITT: I looked at the kangaroo as my family. Because I`ve hung out here for so long. I feel like they`re my family.

UNIDENTIFIED MALE: But Tuesday morning.

HICKS: I screamed to help me, I can`t breath.

UNIDENTIFIED MALE: Baby became upset.

PROFFITT: He kind of stood up a little bit in his ears and he faced this way. So I said okay, what`s wrong?

UNIDENTIFIED MALE: And that`s when.

PROFFITT: I heard help.

HICKS: Maria, help me, please. And that`s the last thing I remember.

UNIDENTIFIED MALE: Hicks is holding on to the outside of her truck about to pass out. Maria gets out of her truck, walks over.

PROFFITT: Called 911.

UNIDENTIFIED MALE: Moments later, Phyllis says.

PROFFITT: I don`t want to die. And that was the last words she said before we noticed that she was turning blue.

[20:55:00] UNIDENTIFIED MALE: Said at least one passersby stops.

PROFFITT: Took her arm, touched her pulse, and said she`s not breathing. And got in her van and pulled off.

UNIDENTIFIED MALE: Within a couple of minutes, police and EMS arrive on scene. Phyllis having a heart attack.

UNIDENTIFIED MALE: Did she save your life?

HICKS: She absolutely did.

UNIDENTIFIED MALE: Asked Maria if she`s a hero.

PROFFITT: No. I`m just glad I was there to help.

(END VIDEO CLIP)

BANFIELD: Oh, yes, you are, Maria, a hero. David Schwartz, that`s the kind of story where you just look at your fellow American. You say your fellow

American is your fellow American, doesn`t matter where they live.

DAVID SCHWARTZ, FORMER PROSECUTOR: It`s a beautiful story, Ashleigh. So many times people walk by. They don`t help anyone. Now you have a homeless

person who reached out and helped their fellow human being. And we just have to keep that in mind that everybody is a human being and it`s just a

beautiful story that they helped.

BANFIELD: David Schwartz, thank you for that, appreciate it. Emily, great to have you. Danny, thanks for being here. Thanks for watching, everyone.

We`ll see you back here tomorrow night at 8:00 for PRIMETIME JUSTICE. In the meantime, "FORENSIC FILES" starts right after this break.

[21:00:00] (COMMERCIAL BREAK)

END