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Crime and Justice With Ashleigh Banfield

Kidnapping at a Drive-Through?/Cops search for "Rage" and "Bambi"/Day Care Owner Charged in Death of 5-Month-Old. Aired 8-8:30p ET

Aired February 09, 2017 - 20:00   ET

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


(BEGIN VIDEOTAPE)

ASHLEIGH BANFIELD, HOST (voice-over): Terror in the drive-through, a mother being beaten in front of her kids. And then a desperate move.

UNIDENTIFIED FEMALE: Braelyn, wake up, please!

BANFIELD: The chilling 911 call as a tiny baby was dying.

UNIDENTIFIED FEMALE: She was sleeping, and all of a sudden (INAUDIBLE) she was choking.

BANFIELD: The caller a day care worker.

UNIDENTIFIED FEMALE: Oh, my God. What`s going on?

BANFIELD: But was she worried about the baby or her own behavior?

The gavel comes down hard.

UNIDENTIFIED FEMALE: If there were not the repeated warnings on the night in question...

BANFIELD: ... on a United States Marine.

UNIDENTIFIED FEMALE: You`re too drunk to drive.

BANFIELD: Did his day-long drinking binge cause the death of two beautiful med students?

Manhunt. And the targets, a guy named Rage and his girlfriend Bambi. They`re wanted in a murder.

UNIDENTIFIED FEMALE: They said they heard a lady scream.

BANFIELD: And given their pictures, they should be easy to spot.

Born on the filthy floor of the county jail.

UNIDENTIFIED FEMALE: I can`t believe that, you know, I just had my son on a dirty jail cell floor.

BANFIELD: A mom says she was locked up after an unpaid parking ticket and that no one believed she was in labor.

UNIDENTIFIED FEMALE: They still didn`t want to call an ambulance, even though I was (INAUDIBLE)

BANFIELD: Her baby`s first sight, a dirty jail mattress and a set of jail bars.

UNIDENTIFIED FEMALE: Total shock.

BANFIELD: An NBA star steals the show by roughing up security. At 6-foot- 9, Charles Oakley towers over the guards trying to subdue him, booted from a Knicks game just minutes after getting there.

UNIDENTIFIED MALE: I`m not walking to the guard.

BANFIELD: Could it be power, privilege and attitude, or a battle with the owner?

(END VIDEOTAPE)

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

Surveillance cameras are everywhere these days, and it is a security video from a drive-through that caught our attention tonight, a mother`s

desperation as she tried to save her baby. Prosecutors say Jessica Wilson`s (ph) night of terror began at a home near Cincinnati where she was

staying with her four children. She says the father of her 2-year-old broke in and forced that entire family outside and into his car.

While in that car, prosecutors say, the woman was badly beaten in front of all of the children, two black eyes, multiple bruises, bite marks.

Eventually, when those kids begged for food, the father pulled into a McDonald`s drive-through, and this is what happened next.

You can see Jessica Wilson jumping out of the car with her toddler in her arms, the car lurching forward. And it appears as though the mom is trying

to alert or flag down that car behind them, the father crawling across the seat and grabbing her and attempting at this point to make it around the

back of the car.

It seems that Jessica is actually trying to get away from him, maybe get towards the fast food drive-through`s window with that child still in her

arms.

Over and over, she is yanked back. The child, she will not let go. But when she finally gets close to the window, watch what happens in the

window. An employee in that drive-through reaches through, saying something probably along the lines of, Give me the baby, trying to help get

that child to safety.

But look what happens. It does not work. He gets that baby. He grabs the baby from that mother`s arms. He gets back into that vehicle with the

other three children inside, and then he abruptly leaves that mother at the fast food window crying, ultimately, as the car pulls out. Ms. Wilson is

frantic and can only walk after those children of hers, who are now gone.

That father`s name is Levenski Crossty, and his attorney says he eventually did drop those children off at Wilson`s father`s home, not one of them

hurt, he says. Of course, that would be physically hurt.

But Crossty is on trial right now, and he`s charged with a lot of serious things, assault, theft, multiple counts of kidnapping, and of course,

abduction.

Kevin Grasha is a reporter for Cincinnati.com and he joins me live now from Cincinnati. The video is just sort of despicable to watch, Kevin. Where

are we in this trial at this point? And what are the likelihoods -- what`s the likelihood, what are the odds that that man`s going to get convicted?

KEVIN GRASHA, CINCINNATI.COM (via telephone): Yes, the jury had the case this afternoon, and they (INAUDIBLE) deliberations for about two-and-a-

half, three hours, and then they (INAUDIBLE) resume deliberation tomorrow.

[20:05:00]In terms of whether or not he`s convicted, who knows. He did not really offer much of a defense. He was supposed to testify but didn`t. So

I guess that remains to be seen.

BANFIELD: Do you know if the jury was able to see the video that we are seeing now and get more context than a reporter, an anchor, a television

show might get? Did they hear stuff we don`t know?

GRASHA: They saw the video at least twice during opening statements and closing arguments. And in fact, the president, during closing, just at one

point just played it straight through just without saying anything.

BANFIELD: What was the jury`s reaction to that? You know, you can try your best to read the tea leaves, but the faces of the jurors can speak

volumes.

GRASHA: You can just -- they watched it intently. I mean, they clearly -- that is the (INAUDIBLE) of this case.

BANFIELD: So this woman after this night of horror ended up in the hospital, and as I said, two black eyes, multiple contusions, injuries,

bite marks. What exactly was his defense in all of this?

GRASHA: His defense was essentially that she was intoxicated, and he was trying to protect the children from her. And that`s why he wanted to

apparently grab the child back and drive away.

BANFIELD: Want to bring in Phil Segal and Danny Cevallos on this one. You watched the video along with me. You heard that defense, as reported by

Kevin Grasha, who`s been following the trial. Your reaction to that defense?

PHIL SEGAL, ATTORNEY: If I were the defense lawyer, that`s maybe all I`d have.

BANFIELD: Which is a big bag of nothing.

SEGAL: And I would also point out, though, that what he`s charged with is not included in that video. That video builds a nice narrative, but all

the things that you said that he`s charged with aren`t included in that. I see...

BANFIELD: How about abduction? He takes the baby out of her arms, he drives away.

SEGAL: He`s the father, and she`s trying to get out of the car and give the baby to somebody else. Looks to me like she`s trying to get the baby

and he`s trying to get the baby back.

BANFIELD: Phil, she`s injured. She`s been battered. Isn`t that evidence enough that there`s trouble and she needs to get him away from the

batterer?

SEGAL: If I`m the defense lawyer -- you asked me -- am I the defense lawyer, I`m saying to you all of the evidence that you`re talking about is

not in that video.

BANFIELD: OK, so I`ll be the juror, and I don`t believe a word of what you`re saying. My heart tells me that`s despicable behavior, no matter

what way you cut it.

DANNY CEVALLOS, CNN LEGAL ANALYST: Yes, but your heart isn`t really the law, unfortunately. You know, the issues in morality and the law are not

always the same. And what you`re seeing there could arguably just be a father with equal rights to a child. There`s no custody order -- if there

is no custody order, then he can pull at the child, she can pull at the child.

BANFIELD: The hospital visit after with this woman black and blue, the broken air-conditioner, the break-in at the home, the children as witnesses

in this car saying this was terrifying, you know, he was brutalizing mom in the front seat?

CEVALLOS: I hate to tell you, but I mean, you know, child witnesses are not always the most reliable. And a defense attorney...

BANFIELD: What if they all corroborate?

CEVALLOS: They may. And if they do corroborate, great. But you know, a lot of times, they don`t exactly hold up on the stand. And it`s the

hardest thing to cross-examine a child. But if they don`t all get their stories straight, that might mitigate in favor of this defendant.

BANFIELD: Well, the 2-year-old...

CEVALLOS: They`re only children, after all.

BANFIELD: Yes, well, one of them only 2, likely unable to even speak much and certainly traumatized after all of this. I mean, it`s just despicable

what we`re seeing on the video. But as Kevin Grasha said, the jury has it, and they`re sleeping on it. Maybe they`ll have a decision tomorrow.

This is a storyline that is becoming all too common, an Alabama family calling for action after they say their 9-year-old daughter was bullied at

school. That little girl`s name is Lanny. Her mom says she got a call one morning saying that Lanny had, quote, "fallen." But I want to you see

Lanny explaining what happened. And when you hear what she says, I want you to pay really close attention to her face.

(BEGIN VIDEO CLIP)

LANNY, BULLIED AT SCHOOL: We were (INAUDIBLE) and like, playing with each other. And then she wanted to borrow my jacket. And then she pushed me

into the pole and Lanny (ph) hit the ground.

(END VIDEO CLIP)

BANFIELD: Pretty articulate little 9-year-old, hard to believe those injuries all over her face are from one fall. The school system says it`s

vigorously investigating what happened and that safety is the school system`s first priority.

Police in northern California searching for two people tonight, and they are easy to pick out of a crowd. They`re known as "Rage" -- he`s on the

left -- and "Bambi" -- she`s on the right. They are wanted in a murder, him for it, her they`ve got some questions for her.

And then there`s this.

(BEGIN AUDIO CLIP)

911 OPERATOR: 911. What`s the address of the emergency?

UNIDENTIFIED FEMALE: Hi. I have a baby in my care. I have a home day care. And I don`t know. She`s very sporadically breathing.

(END VIDEO CLIP)

BANFIELD: Frightening call, to say the least. But now that day care owner is facing murder.

(COMMERCIAL BREAK)

[20:13:53]BANFIELD: There is a manhunt going on right now for a murder suspect and his girlfriend on the run, and if you see them, you are not

likely to forget them. Take a look at Kane Kaz (ph) Cooper Harrison, better known as "Rage" -- that`s his name -- and there`s his girlfriend,

Fawn Watkins, who goes by "Bambi." You cannot write this stuff.

Sheriff`s deputies say Rage is wanted on charges he shot a man to death near a trailer park. That`s near Redding, California, what you`re seeing

on your screen. But they think he may have already traveled to Oregon or maybe Texas, like the opposite direction.

People living near the murder scene are so shocked that the shooting happened in their neighborhood.

(BEGIN VIDEO CLIP)

AMBER OHLER, NEIGHBOR: You don`t realize that something like this could happen so close to home. I play out here in this area, so it makes me feel

uneasy and unsafe. I got a call that the cops are here. And they -- I came rushing home to find out what was going on. They were trying to

settle everybody down, and explain (ph) as best as they could, but they weren`t really sure what was going on, either.

UNIDENTIFIED FEMALE: What were they explaining to you guys?

[20:15:00]OHLER: That it looked like somebody had an overdose, and they went over and they had realized that he was shot in the chest. That was

the unusual thing is nobody even really heard anything. They said they heard a lady scream, and that was about it. A lot of traffic in and out, a

lot of arguments, a lot of fighting.

(END VIDEO CLIP)

BANFIELD: So here`s where we stand on all of this. Investigators want to talk to Bambi about this murder. But I want to call some attention here to

how to spot Rage in a crowd.

Obviously, the tattoos -- he`s got a teardrop near his eye. He`s got "5050" on his chin. And if you`re wondering why 5050, the California

welfare criminal code -- sorry, 5150 -- read carefully, not 50 -- 5150 -- that`s California code for having a mental disorder. Apparently, he thinks

he`s criminally insane. He`s also got "war" written on his neck. And that ain`t the last of them.

I want to bring in Steve Gibson, the news director for KQMS radio. He joins me live from Redding, California. Listen, Steve, these guys stand

out in a crowd, real hard to be shrinking violets. Are they getting tips on sightings?

STEVE GIBSON, KQMS RADIO (via telephone): I haven`t heard of any tips. It seems likely at this point that he has fled the state, either to Oregon or

Texas. I believe he spent some -- a great deal of time in Texas. He may be from Texas. He was here in this area about 10 years ago, and facing

charges at that time for an assault.

BANFIELD: So they`ve effectively had to go all the way -- you know, communities all the way up to Oregon and then communities all the way down

and eastward to Texas. That`s a lot of notifications out there for cops to be on the look-out.

Real quickly, let`s put those pictures up again of Rage because there are a few more tell-tale, you know, tattoos that might help people to recognize

him, if you don`t already do.

He`s also got this symbol on his right cheek. It`s hard to make out what it is. But he has "SAC" written on the top of his head, and that standards

for Soldiers of Aryan Culture. He`s got "war" written on the back of his neck. He`s got iron crosses tattooed on both shoulders, a swastika on his

left breast, $100 tattooed on his back, "tap-out" -- I think that`s sort of ultimate fighting -- "tap-out" on his back, as well. And he`s also got a

tattoo of a falcon tattooed on his back.

So clearly, a lot of obvious signs if you see him in the neighborhood. Steve, there`s a $10,000 reward for him. That is a lot -- that`s a big

reward.

GIBSON: Yes, $10,000 is a good reward. And that`s one reason that I would tend to speculate that he`s no longer in the area. By the way, the tattoo

under his right eye is a biohazard symbol. I don`t know what significance that has to him or his lifestyle.

BANFIELD: Now that you say it, I`m seeing it, the biohazard symbol. I`m a little curious about the 5150. Apart from the fact that that`s criminal

code for criminally insane or at least a mental disorder, is there anything more to that in terms of just his past? Do we know anything particularly

about whether he`s actually adjudicated for being criminally insane?

GIBSON: Not that I`ve heard. I presume that`s just to intimidate -- meant to intimidate because -- I believe these are -- most of these are prison

tattoos, the Aryan Brotherhood tattoos.

BANFIELD: Yes, I want to bring in Danny and Phil against on this one. Bambi, the Bambi factor -- look, they`re saying she`s not wanted in the

murder. She`s wanted for questioning. But I have seen this go south before. A lot of times, whoever is on the run with the bad guy ends up

being bad girl. It`s called conspiracy. Do you think that that`s the situation here?

CEVALLOS: I think what`s going to happen is law enforcement, if they find here, are going to make that situation clear to her, that she has a very,

very difficult decision to make. And in fact, it`s actually an easy decision. It`s either stay loyal to Rage, who can offer you nothing, or

before you get charged with all the same things as an accomplice, tell us everything about Rage, where he likes to work out, where his favorite

tattoo parlor is, where we can find him. And we`re going to go there, and then maybe you have a glimmer of hope, Bambi, at living free, like your

namesake in the woods.

BANFIELD: And if you`re just tuning in, it really is Rage and Bambi that they`re looking for. We`re not making this stuff up.

Real quick, Phil -- that`s called the squeeze play. You bring in Bambi if you can get her, and say, Guess what you`re charged with, with conspiracy

to murder, and that`s serious, or you can talk and we can lighten your load.

SEGAL: That`s right. And it happens -- it happens in white collar crime. They go for lower-level people. They say, Give us the big fish, and you

can get a deal. That`s standard operating procedure.

BANFIELD: Yes, and...

SEGAL: Whether she`ll fall for it, I don`t know.

BANFIELD: Right. We should reiterate she is not charged with anything. And she`s wanted for questioning at this point. And they do say currently

-- currently, Bambi is wanted for questioning. "Currently" maybe being the operative word. Anyway, keep your eyes out. They`re standout folks, not

going to be hard to spot. Maybe you can help out. And there`s 10 grand on the line, too, for anybody who does help.

[20:20:03]A day care owner calls 911 after finding a baby in her care was not breathing. But was it a desperate call for help or the horror of what

could happen to that day care operator next?

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: You can see she`s so pale! Come on. Come on, Braelyn! Oh, my gosh. OK, listen, guys, pick these Legos up real quick so

they have room to come in, OK? Can you pick the Legos up, please?

(END VIDEO CLIP)

BANFIELD: Plus, this Marine wanted (ph), his murder charges tossed out after a deadly DUI accident that killed two med students. What do you

think the judge would tell an American hero?

(COMMERCIAL BREAK)

BANFIELD: A day care owner called 911 when she says she found a baby barely breathing on the floor. And I want you to listen to Melissa Clark`s

(ph) phone call. It was made on the day that little Braelyn Zachary (ph) died at her home day care in Oklahoma. But listen carefully and decide for

yourself if you can hear a desperate plea to get help for that baby, or if you can hear fear because of what might happen to Melissa Clark.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: (INAUDIBLE) What is going on? Braelyn, come on! Hey, come on, sweetheart. Come on. Come on. Oh, my God! What`s going

on? Sweet girl! Come on. Braelyn! Braelyn, wake up, please. (INAUDIBLE) Breathe, please. Please. There`s nothing in your mouth. Oh,

God, come on! (INAUDIBLE) what`s going on?

[20:25:00]Once in a while, she tries to take in a deep breath, but it sounds really mucousy. She`s so pale! Braelyn, come on. Come on.

Braelyn?

OK, listen, guys, pick these Legos up real quick so they have room to come in, OK? Can you pick the Legos up, please? Pick the Legos up, please?

(END AUDIO CLIP)

BANFIELD: We certainly know how a judge felt about that phone call. Here she is on her way into the preliminary hearing this week, and that judge

decided there is enough evidence to try Melissa Clark for first-degree murder.

But it wasn`t necessarily just that phone call. The investigators say that Clark told them four different stories about how little Braelyn died.

Medical examiner report ruled that that little girl died from blunt force trauma to the head.

Phil Segal and Danny Cevallos are back with me on this one. So you can hear that voice and I think you can see it two different ways. She could

be desperate to get help. She could be desperate because she realizes what she`s done. But first-degree murder -- first-degree murder.

CEVALLOS: I think even beyond this being overcharging, which I think it is, this is actually a defensible case. If you can remove those

inconsistent statements, the prosecution would be left having to mostly prove through forensic-type evidence that this was not an accident and

something intentional.

But make no mistake about it, it`s those inconsistent statements and her apparent demeanor on a 911 call, although how do you show -- you know, how

do you know what she normally acts like. That lands her where she is.

BANFIELD: Danny, those different statements are not just slightly different.

CEVALLOS: I agree.

BANFIELD: They`re really, really different. And I mean, the demeanor on the phone call, we`re going to get to a little more of that in a minute.

But listen to these different versions. First she says she effectively put her down for a nap and she woke up gurgling and not breathing. Then that

changed to, You know, I fell in the hallway with the baby in my arms, but she wasn`t hurt and I went on to the coffee room and then I dropped her in

the coffee room on her head on a tile floor. And then I gave her a bottle, and I put her in the bouncy seat and I put her on a blanket. She wasn`t

breathing.

And in another version, she says, I threw her on the bouncy seat and she hit that wire-like bar around the bottom of it and then she fell on the

floor.

So they`re significant consistencies (ph). But I say again, Phil, first- degree murder asks juries to think that this woman had it in her head she wanted to kill a baby!

SEGAL: In a lot of states, you could -- it wouldn`t be first degree murder. Oklahoma`s statute, though, has specific language about

unreasonable force used on a -- to harm a child, but you need willful or malicious conduct. And if I were her lawyer, I would say this was not

willful. This was not malicious. She was stressed. And you don`t want to execute people...

BANFIELD: She said -- she admitted the stress. She said, I`ve got marital problems. I`ve got financial problems. My son is fighting criminal charges

right now. She admitted her stress.

With all those facts that you`ve just been given, I want you to listen to how that 911 call actually began, and maybe with a different lens. See if

you can decide what it is you`re hearing. Have a listen.

(BEGIN AUDIO CLIP)

911 OPERATOR: 911. What`s the address of the emergency?

UNIDENTIFIED FEMALE: Hi, well, I have a baby in my care. I have a home day care. And I don`t know -- she`s very sporadically breathing.

911 OPERATOR: Do you know how old the baby is?

UNIDENTIFIED FEMALE: She`s 4 months. She was sleeping, and all of a sudden, it started sounded like she was choking. I`ve been trying to do

baby CPR, but she`s very limp. She`s...

911 OPERATOR: And she`s having trouble breathing?

UNIDENTIFIED FEMALE: Yes. And just every once in a while she`ll -- she`s kind of inhale, and it sounds very mucousy. I`ve tried sweeping (ph) her

throat. I`ve tried -- I`ve tried everything I know! She`s just like she`s asleep (INAUDIBLE)

(END VIDEO CLIP)

BANFIELD: You heard it. You be the judge. Ultimately, you won`t be, though, because first degree murder in Oklahoma, the max is life. So that

is in front of her.

California Marine is facing murder charges after a wrong-way DUI crash kills two medical students, injuring a few others, as well.

And the very best action last night at Madison Square Garden was nowhere near the court. It was in the stands when former New York Knicks star

Charles Oakley was bounced from the game.

(COMMERCIAL BREAK)

[20:30:00] (COMMERCIAL BREAK)

ASHLEIGH BANFIELD, JOURNALIST, HOST OF CNN "PRIMETIME JUSTICE": For nearly two years, the parents of two California medical students killed in a

wrong-way DUI crash have been put through hell, dragged into court for hearing after hearing for a United States marine, who was charged with

driving drunk in that accident.

First, I want to show you the pictures of the two young women who died that night in May of 2015. This is Madison Cornwell. She was only 23 years old.

And 24-year-old Anne Li Baldock, also killed in that crash. Both of them were med students at UC San Diego and they were celebrating one of the ends

of their semesters. And this is the man who was charged with second-degree murder in their death, Jason Riley King. Again, a U.S. marine.

The prosecutors say despite being told by at least two different people not to get behind the wheel because he was too drunk, did it anyway, and drove

south on a northbound side of a highway. But when King`s attorney asked that the murder charge be tossed, the judge was having nothing of it.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: If there were not the repeated warnings on the night in question, you`re too drunk to drive, I`ll drive you home, you can stay

in my apartment, I`ll call you an Uber, if there were not all of those warnings on the night in question, I would be granting your 995.

(END VIDEO CLIP)

[20:35:00] BANFIELD: Matthew Terry is Jason King`s attorney and he joins me live from San Diego. Matthew, thank you so much for being on the show

tonight. One thing I want to ask of you, is that your client, a U.S. marine actually answered the question when investigators asked him why he drove

that night, and said because I`m stupid. I want to ask you, what weight you think that`s going to have now that your client is facing murder?

MATTHEW TERRY, ATTORNEY FOR JASON RILEY KING: Not to split hairs, I do want to point out that that was the testimony from the preliminary hearing that

we were discussing yesterday in court. So the preliminary hearing that takes place to determine whether or not there is probable cause to bind

over on those charges, that was exactly what the Judge Weber was quoting.

BANFIELD: All right. So, when it ends up in front of a jury, if it does end up in front of a jury, do you not think that is going to be terribly,

terribly difficult to overcome, his admission that he was stupid in making the decision to drive while drunk?

TERRY: I was asked a similar question in court yesterday. I think it`s one or the other. If you look at the possible answers to that question from

anyone in such a horrendous situation, wouldn`t it seem -- I guess it tells me that this kid has a conscience. If someone were to say anything else, if

they were to deny that they felt bad, that this entire thing happened, that he was stupid. Exactly what he -- if he did say he was stupid in the

decision he made, what decision was it.

BANFIELD: So I hear you. Don`t get me wrong. I hear what you are saying. He has a conscience. Two women are dead and I think many of us would say we

have consciences too which is why we call an Uber if we`ve been drinking because this is what can happen.

But the other issue is that he is an amazing man. I mean, he is a U.S. marine, he`s a great citizen, and that`s not something that`s ignored in a

courtroom. Is this something that you feel is, you know, to your advantage if in fact you end up in front of a jury?

TERRY: Well, there is no question about it. That`s why this is such a big deal, this is a big case. When they apply what`s called these Watson murder

charges where they`re actually not charging you with gross vehicular manslaughter which we believe is the appropriate charge to be discussing

here.

But when they actually charge you with second-degree murder, which is the same thing that you would be charged with if you were to take a loaded

pistol and fire into a crowd full of people. And to take those two charges and with the same prison term involved and everything else, that is the --

that is the crux of the issue right now.

BANFIELD: Yeah, but the judge said too bad. I mean, the judge said, you`re going to face murder, you`re not just going to be, you know, facing gross

vehicular manslaughter. So that said, is this a case that you would tell your client, and I don`t suspect you`re going to tell me your previous (ph)

conversations with your client, but would you advise at this point that you would take a plea bargain in this case?

TERRY: Again, that is something that would go to defense strategy. I`m not trying to be evasive here. I just -- there are certain rules of ethics. I

can`t go into any sort of defense strategy. But I`m happy to talk about the law.

BANFIELD: I completely understand. And I think that`s exactly the answer you should have given. Matthew, thank you for being on tonight. I

appreciate it.

TERRY: Good night, if I could add.

BANFIELD: Yeah, quickly.

TERRY: You did ask a good question there. And I think that -- I want to point out that the courts have identified factors that are relevant for

upholding a murder conviction based on drunk driving. It (inaudible), first one being the blood alcohol level above the 0.08 percent legal limit.

BANFIELD: Yeah, he was two times.

TERRY: Yes. I believe it was a .14. But we have a pre-drinking intent to drive. Keep in mind, this is all centered on the intent of the person prior

to any accident.

BANFIELD: Okay.

TERRY: The third one being the knowledge of the hazard of driving, the near likelihood that someone would be killed were it not for some miraculous

intervention.

BANFIELD: I`ve got to wrap it up. What`s the fourth one quickly.

TERRY: Okay. And it`s the highly dangerous driving, which is -- that`s one of the biggest issues here.

BANFIELD: Well, that`s down the road if you get down the road at this point. Again, Matthew, thanks for being with us tonight. I do appreciate

it.

TERRY: Sure. Sure.

BANFIELD: NBA star Charles Oakley. Do you know him? Because you`ll probably going to given the media he is getting for this (inaudible). He was thrown

out of Madison Square Garden last night. This is a place where he played for a decade with the Knicks.

[20:40:00] And now, he is speaking out about what he was doing when he was shoving the security guards there and why he got tossed out in the first

place.

Plus, a virtual nightmare, a delivery for a Detroit mom. And yes, you are looking at a jail cell. She went into labor in jail and that`s exactly

where the baby ended up being born. But it wasn`t like she didn`t give any warning, so why did it happen there?

[20:45:00] (COMMERCIAL BREAK)

BANFIELD: I`m going to be completely honest with you, I am not a sports fan, but I was glued to the game at Madison Square Garden last night where

the Knicks were playing the Clippers. I can`t believe I even said that on TV.

(START VIDEO CLIP)

BANFIELD: But this is why I was glued, not to what was going on the hardwood, but what was going on in the crowd. See the tall guy, that`s

Charles Oakley. He played with the Knicks for 10 years at Madison Square Garden. (inaudible) maybe the bad blood that he got with the owner and

maybe there was (inaudible) he`s surrounded by security. He is not happy about by being asked to leave. And here is what he did to the security

guard when it got a little heated. And listen to the crowd.

(END VIDEO CLIP)

BANFIELD: Okay. So he is met by the NYPD eventually. And he was charged with three counts of assault and one count of criminal trespass. You heard

the crowd reacting. But then you didn`t hear afterwards. Some of them were chanting Oakley, Oakley. There is a long history between the owner James

Dolan and Charles Oakley. And Charles Oakley actually have a lot to say about what happened last night. He told ESPN Stephen A. Smith`s show his

opinion. Have a look.

(START VIDEO CLIP)

CHARLES OAKLEY, BASKETBALL PLAYER: (inaudible). I mean, that`s embarrassing, man. I did not do none of that. I didn`t know the man was

sitting in front of me until they walked over there. Some people told me -- the people who are retired from there, it`s a rule. This is (beep). They

have four security guards walking me out of the game. I let it go. I told two or three different lawyers. They can`t keep doing this to me when I

come in the garden.

(END VIDEO CLIP)

BANFIELD: Part of what he said is that he obeyed law enforcement officers. Danny and Phil, I kind of thought that with my own eyes, that did not look

like obeying law enforcement officers. Look, I don`t care about the bad blood. I don`t care what issues he may have had with the owner, James

Dolan. And I`m sure they got into it many times.

But those guys are doing their jobs and they`re paid about 50 G`s a year to do that job and protect not only players but also the crowd. And that guy,

Charles Oakley, our researchers found that his career earnings are $46,597,000 million dollars, and I get mad when I see the big guy, not only

physically big, you know, but privileged and priority big doing that to the little guy.

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY, CNN LEGAL ANALYST: Yeah, it`s a problem. I mean, here is the thing. When you are in a stadium, people don`t

understand, even if you bought a ticket, you are there as a liscencee. And any time the people there for whatever reason can ask you to leave. You

don`t have any due process, right, so there is no constitutional issues. If they want you to leave, you have to leave. He doesn`t seem to know that.

BANFIELD: By the way, James Dolan, the owner owns MSG. It`s his house. So, if you`re, you know, if you`re dissing and throwing shade on the man`s

house, the man gets to throw you out, and you don`t get to treat people like this. Right? Am I crazy here?

PHIL SEGAL, ATTORNEY: You`re not crazy. But that said, there is one witness to all of this named John McEnroe, the tennis star. He`s there. You can see

him on the tape. John McEnroe were to testify, if this ever went to trial, this being misdemeanor went to trial, John McEnroe said, Charles Oakley

said nothing. James found out he was there, hates his guts, and had him thrown out, he wouldn`t get.

BANFIELD: Here is where I think you`re wrong, Phil Segal. I think if John McEnroe got into this, he would only have one thing to say and that is, you

cannot be serious! By the way, I asked John McEnroe if he would come on to me and he said no.

(LAUGHTER)

BANFIELD: So who knows if he would actually answering anybody investigative questions. Anyway, so you be the judge. I mean, look, I don`t care about

the beef they had. You can`t put your hands on guys like that. Those guys work hard for their money and they do what their boss tells them.

And they didn`t lay a hand on Charles Oakley. And Charles Oakley I think you should apologize to those men that you shoved and pushed. That`s just

my opinion. And I don`t know a thing about sports. Moving on.

[20:50:00] A Detroit mother, eight months pregnant, gets arrested and then goes into labor.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: I can`t believe that, you know, I just had my son a month early on a dirty jail cell floor.

BANFIELD: How does that happen? And we`ve got the video to prove it. And how do you suppose that little baby is right now? That woman, the mom, who

gave birth on the jail house floor, she`s going to join us live next.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BANFIELD: When Jessica Preston didn`t pay a parking ticket, eventually her license was suspended. When Jessica Preston was pulled over driving with a

suspended license, Jessica Preston ended up in a jail cell.

The problem was she was eight months pregnant. And the bigger problem is she went into labor. And maybe the biggest problem is she tried to get help

but she said that did not happen. This is what happened.

[20:55:00] Jessica Preston is in the middle of that mat. She is in a prison mattress on the floor, and that is her baby being wrapped up in a prison

sheet, and that is her being wheeled out after giving birth on that filthy prison cell floor. Jessica Preston joins me live now from Detroit.

Jessica, it is astounding to me that a woman can go into labor at 7:00 a.m. and give birth at 2:40 p.m. like this. How many times did you ask the

medical staff for help and told them that you were in labor?

JESSICA PRESTON, GAVE BIRTH IN PRISON CELL: I told them that I was in labor three times. The first two times, I was told they didn`t believe me, and

they sent me back to, you know, the main jail cell. And then the third time which is where the surveillance footage is coming from, I came to them and

I was bleeding, and they still didn`t take me to the hospital. They put me in that cell and about an hour after that, I gave birth.

BANFIELD: Two things I want to clear up. Did they actually threaten you with additional charges for continuing to complain about being in labor?

PRESTON: One of the nurses did. The second time I came to them, she said that they could put an additional charge on me if I continue to lie to

them.

BANFIELD: Okay. The next thing I need you to clear up, did a doctor or at least a medical staff professional at this jail refused to call 911 after

you were in that bathroom and discovered that you were bleeding?

PRESTON: When I discovered I was bleeding, I went to the medical staff and they checked to make sure that I was bleeding and their doctor was called.

When the doctor was called, he said, let`s not call the ambulance yet, we`re going to keep her here and continue to monitor her. And then

obviously things progressed and I had him.

BANFIELD: So you have another child. It was a C-section and you were advised by your doctors that you were not to have a vaginal birth. You were

to have a C-section with this child. You were eight months pregnant. Did they know this?

PRESTON: Yes, the jail was aware of that.

BANFIELD: And was the baby born sort of with that Apgar score? You know, for people who don`t that, that`s just a score of all the things that are

going well and all the things that aren`t going well. What kind of an Apgar score did your baby have? ? Was he okay?

PRESTON: He was okay. That is the one bright light in all of this. He is okay. He was under 5 pounds. You know, he was very small, but other than

that, he was breathing okay and healthy. You know, and he did recover very well.

BANFIELD: And, of course, there is the baby blanket and the hospital stuff and all the rest. You`re wheeled to the hospital. But is it true that once

you were cleared from the hospital, they sent you right back to the cell even after realizing you hadn`t been telling lies all along, you were in

labor, and you in fact had to have the baby on the jail cell floor?

PRESTON: Yeah, after I had him, I was taken to the hospital, but then did, yeah, have to go back to the jail.

BANFIELD: Are you going to sue them?

PRESTON: You know, I have been speaking to an attorney. It`s -- it is in the works, but really my main objective and reasoning for coming forward is

to make sure this doesn`t happen to anybody else. This jail, I`m not the first where, you know, seems medical treatment has been denied where it`s

needed.

BANFIELD: There are a couple of investigations about that. And since I am not involved in those, I don`t want to malign anybody where I haven`t had a

chance to look into the facts on that. But I do want to ask you this. Did anybody say sorry for accusing you of lying about being in labor once they

saw you crowning and realized you had a baby?

PRESTON: Well, only one. Only one of the nurses apologized when I returned to the jail after having him and being in the hospital.

BANFIELD: Were there -- this is just a strange question because I`ve had babies before. Were these men and women who were attending to you leading

up to all of this?

PRESTON: Well, yes. The nurses were female, there were male deputies present, and then two paramedics that did eventually show up. One was a

male and one was a female.

BANFIELD: Well, Jessica, your ordeal is harrowing. I do want to say we reached out to the the Macomb County sheriff`s office and jail. This is

what they said. No comment. My thought is perhaps they are worried that Ms. Preston may in fact go ahead with some kind of litigation.

But Jessica, thank you for your time tonight. And also Phil Segal and Danny Cevallos, thanks for being with us to this program as well. It has been a

pleasure to have you both. Thank you all for watching. Don`t forget though, we`re back here Monday night 8:00 for "Primetime Justice" and "Forensic

Files" gets underway right now.

[21:00:00] END