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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Missing 3-Yr-Old Feared Dead, Body Found in Creek; Brock Turner Wants New Trial, Calls Last One "Unfair"; Package Thief Steals Baby`s Christmas Present; 7-yr-old Finds Mom`s Dead Body In Basement; Teacher in "Santa Kitty" Shirt Arrested for Sex With Teen; 17-Yr-Old Soccer Player Reunited With Family, Coach Charged. Aired 6-8pm ET

Aired December 4, 2017 - 18:00   ET

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


[18:00:03] ASHLEIGH BANFIELD, CNN ANCHOR: Has the search for a missing toddler --

KRISTY WOODS: This is my world, this is my angel.

BANFIELD: -- now become a full-fledged murder?

ERNIE LEE, ONSLOW COUNTY DISTRICT ATTORNEY: We have recovered what we believe are the remains of little Mariah Woods.

BANFIELD: Was her little girl likely dead?

K. WOODS: She was my miracle. This is my everything.

BANFIELD: And her boyfriend arrested.

UNIDENTIFIED FEMALE: It brings to mind all kinds of questions about what this mother knew.

BANFIELD: Tonight, the sickening details of what authorities say was going on in that house.

He is perhaps one of the most famous convicted felons alive.

UNIDENTIFIED MALE: After he stood up, we saw that she wasn`t moving at all.

BANFIELD: Stanford swimmer, Brock Turner, arrested by a dumpster after sexually assaulting an unconscious woman.

JEFF ROSEN, SANTA CLARA COUNTY DISTRICT ATTORNEY: The defendant preyed upon an intoxicated stranger on a college campus.

BANFIELD: Jailed just three months, and a registered sex offender for life, he says he didn`t get a fair trial.

UNIDENTIFIED FEMALE: He wants his conviction overturned.

BANFIELD: Does he have a shot?

You have dragged me through this hell with you.

The district attorney himself will join us live for an exclusive interview and his first comments on this development.

A brazen thief is left behind by her own getaway car. And the nanny who caught her becomes a national hero.

KATE ANDERSON: Hey you (INAUDIBLE) piece of shit. What are you trying to steal?

BANFIELD: And how she helped put a package thief behind bars.

ANDERSON: I`m not letting you go.

BANFIELD: Plus, tips on how to avoid being ripped off yourself this Christmas and fight back against the package pirates.

Her mom found dead in the basement by her seven-year-old girl, stabbed multiple times. Why the traumatized child told authorities she didn`t want

to be next.

Back in the arms of her parents.

SCARLET FRISINA: We are so thankful to have her back.

BANFIELD: After disappearing from her bedroom. So what happened to this talented young soccer player while on the road with a coach?

UNIDENTIFIED FEMALE: The teen told her friend Rodriguez wanted her to leave the country with him.

BANFIELD: And what kind of charges is this family friend facing after being caught a thousand miles away with their daughter?

And this is not the t-shirt you want to be wearing when the cops come knocking at your door posing as your student. A high school chemistry

teacher now charged with rape after parents and police discover a romantic date planned at her candlelit home.

Good evening, everyone. I`m Ashleigh Banfield. Welcome to our new show at a new time. This is CRIME & JUSTICE. And tonight, we have a dark answer

to the question that we spent the last week asking. What happened to little Mariah Woods? That adorable three-year-old girl with the little

walking disability who went missing from her North Carolina home overnight. They`ve been searching for her across the country with -- across the county

with helicopters and horses and K-9s. And over the weekend, they made a dismal discovery.

(BEGIN VIDEO CLIP)

SHERIFF HANS MILLER, ONSLOW COUNTRY, NORTH CAROLINA: I`m very sad to report to you that we have recovered what we believe are the remains of

little Mariah Woods. We were all hoping for a better outcome. We have made appropriate notifications to the family.

BANFIELD: It was a dive team that found the remains in a creek, just miles from the home. They were using underwater sonar. They have not officially

made the identification of that little girl`s body officially saying, yes, it`s Mariah, but they have made an arrest in connection with her death.

And the arrest, you`re looking at it. This speaks volumes about where this case is going because on your screen is 32-year-old Earl Kimrey, the live-

in boyfriend of Mariah`s mom, who was cuffed, clad in orange, and brought before a judge. He`s now facing charges of disposing a dead child`s body.

And in a bombshell development in this case, his arrest came after according to court documents he sexually abused Mariah.

ANGELA WILES, LOCAL RESIDENT: I`ve cried. Even this morning, I woke up reading the news articles and it`s just complete devastation.

UNIDENTIFIED FEMALE: Any child is a gift from God, and you`re taking that away. She was three years old. You have no -- she`s got no life ahead of

her.

(END VIDEO CLIP)

BANFIELD: Joining me now, Jacksonville Daily News reporter, Amanda Thames. You were in court today. You were there when he walked before the judge.

Just set the scene for me. How did that feel to be in that room?

AMANDA THAMES, REPORTER, JACKSONVILLE DAILY NEWS: It was a little surreal, to be honest. He came in and we didn`t know it at the time, but he was

wearing body armor. We noticed pretty immediately that most of the command staff for the sheriff`s office was in the courtroom.

[18:05:07] They were blocking the walkways. And he had, I believe, four or five deputies who were following him over to the defendant`s desk. And it

was different. It was different to be in there.

BANFIELD: So, Amanda, there were a lot of people in that gallery with you. As we go to the wide shot, we can see sort of the backs of the heads of

everybody who came to watch this appearance. Did you know if anybody had a connection to Mariah? Specifically, was Mariah`s mom there?

THAMES: No, we did not see Mariah`s mom and we did not see anyone who was specifically there for that. A lot of the people who were in the crowd at

that point were there for their own traffic citations. But I`m sure there probably were some people who were there to watch his first appearance,

since it was so widely distributed that he was going to be in there.

BANFIELD: And sometimes, you know, you hear the expression, you could have heard a pin drop. Was that the case in this particular moment?

THAMES: I don`t know that I would say that for this case, just because everything went really quickly. From what the sheriff said later in the

day, saying that they were making sure to protect him in there. They were apparently worried about someone taking justice into their own hands, as he

put it. So I think they were trying to move him through as quickly as possible and they didn`t really leave a lot of time for quiet.

BANFIELD: Oh, they`re going to have to worry about people inside as opposed to outside his incarceration facility because he`s being held right

now on just a little over $1 million bond, which is difficult for some of the wealthiest in society to post. And for someone who`s living in a

trailer, next to impossible to post, you would imagine. I do want to play this moment. As you just said it, Amanda, it was quick. He was in, and he

was out, and we all wait to hear what the defendant sounds like, and we got that opportunity. Have a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Mr. Kimrey, if you would, please state your full given name for the record?

EARL KIMREY, SUSPECT: I`m Earl Kimrey. Thank you.

UNIDENTIFIED MALE: OK. Thank you.

(END VIDEO CLIP)

BANFIELD: And that was it. That was it. He said his name, Earl Kimrey. And the judge said, OK. So, Amanda, real quickly, there is a very strange

part of the story that I`m trying to connect and I`m not sure I can. One of the charges that he`s facing is possession of stolen property and it

pertains in the court documents to two stolen dressers that were taken from a building, a home of some kind that was unoccupied and it actually

happened in the late night hours, I think, between sort of midnight and 3:00 a.m., the same night that Mariah went missing. Do you have any idea

what that pertains to?

THAMES: No. There is tons of speculation about what was going on there with him going and picking up these dressers, allegedly, but at this time,

law enforcement is still keeping everything very close to the vest and the charges, you know, there hasn`t been a murder charge at this point. And

the trial eventually will come that`s filled a lot of documents, for example, and are keeping a lot of things, still very close hold. So, the

reason that he may or may not have been out there allegedly taking these dressers and stealing from a house that night, that has not become clear

yet.

BANFIELD: So let`s be real clear then on what he is facing at this moment. And the charges are concealing a death, obstruction of justice, possession

of stolen property, felony, larceny. Noticeably absent, murder. Noticeably absent, manslaughter. Noticeably absent, anything to do with

this little girl`s actual untimely death. So, I think we can all stand by and wait for this one.

But what`s also noticeably absent is assault charges or endangering children. And if you believe what CPS filed and delivered to not only

Mariah`s mom, that would be his girlfriend, whom he was living with, with those children, but also Mariah`s dad, there are some pretty unbelievable

allegations of what happened to these children in that trailer and the allegations pertain to him.

I want to read, if i can, just a snippet of the CPS allegations against this man. Apparently, Mariah`s two brothers said, and we can`t say their

names but we`ll just call them the juveniles. They have disclosed inappropriate discipline by Mr. Kimrey, including Mr. Kimrey hitting both

juveniles with a belt and Mr. Kimrey hitting the juvenile, redacted, in the face, on November 26th. Let`s be clear, that`s the date this little girl

went missing.

And on that date, it caused the juvenile`s nose to bleed. The respondent mother failed to protect the juveniles from discipline from Mr. Kimrey.

The filing goes on, in fact, to talk a little bit more about Mr. Kimrey and what he`d been up to in that trailer. The CPS filing reads, the

respondent`s mother is aware that Mr. Kimrey abuses substances including pot and heroin, and yes, you guessed it, the big one at the bottom,

methamphetamine.

[18:10:10] Amanda, real quickly, when do we expect to hear or see any kinds of charges pertaining to that stuff and then, of course, the even bigger

issue, murder or manslaughter?

THAMES: I wish I had an answer for that at this time. I know that the autopsy, the preliminary autopsy, was done this morning and the district

attorney mentioned at the press conference on Saturday night late in Pender County that he was waiting for the autopsy results before any further

pending charges were coming.

So it`s possible that additional charges would come against either Kimrey or additional persons this week and that`s what we`re on the lookout for

right now.

BANFIELD: I would say if you`re a betting man, you can bet on that. Don`t go anywhere, Amanda. I want to bring in CNN senior law enforcement analyst

and former FBI assistant director Tom Fuentes, who`s live with me from Fairfax, Virginia.

Tom, thanks for being here. I -- you know, five felonies, he`s been charged with five felonies and everybody`s wondering why one of them

doesn`t pertain to murder or manslaughter or something of the like. Any idea?

TOM FUENTES, CNN SENOR LAW ENFORCEMENT ANALYST: Well, I think, Ashleigh, that they want to be very sure when they bring that charge and have the

most evidence and probably a big part of that is waiting for the autopsy, which is going to disclose the cause of death which will be very important

in the prosecution of Kimrey.

But, you know, we know from the beginning that the police were very suspicious of either Kimrey or the mother because they were telling the

neighbors to not worry that the case was, I think as they put it, in focus, and that whoever killed or kidnapped Mariah at that time, and at that time

they only knew that she was missing, but whoever caused her to go missing didn`t pose a threat to the general community.

Well, how could they say that? I mean, they already had a very good indication that this was going to come down to somebody that lived in that

trailer that helped cause her to disappear.

BANFIELD: You know, I want to tell you something else. We`ve been, you know, sorting through these CPS documents, Tom, and one of the revelations

is so incredibly disturbing, and it comes from those little brothers that - - you know, older brothers, I guess, but to me, they`re little, they`re 10 and seven, and they said that little Mariah had been sexually abused as

well by Earl Kimrey.

Coming up in about 45 minutes at the top of the 7:00 hour, I`m going to actually read exactly, exactly word for word, what those little boys allege

happened, what they said they witnessed happened to their little sister and what they say they know their mother knew as well.

And it`s jaw-dropping. And I guess that -- I mention that specifically, Tom, because when you know this stuff and when you have witnesses say these

things and there`s proximate assault, if these little children are telling the truth that they were hit in the face and one of them had a bloody nose

on the night that Mariah went missing, it would seem to be a quick no- brainer that there`d be at least some kind of charge pertaining to either the abuse of the other children or the death of Mariah herself.

FUENTES: Well, you would hope that the situation like this that those children would have gone and if their -- if the mother did nothing about

it, go to a neighbor, go to someone and report what`s going on, you know, that`s that evil occurring within that residence.

And I think it`s just sad that for whatever reason that they were terrified, didn`t want to take a chance on making an accusation, that the

police didn`t maybe take Kimrey into custody and they felt like, you know, what would follow would be much worse than what was already happening --

BANFIELD: Well, I`ll tell you what --

FUENTES: -- if we don`t know that at this point.

BANFIELD: The father of little Mariah was on our program last week with his girlfriend, with his fiancee, his name is Alex Woods and his fiancee

was standing to the left of him, her name is Heather Kraft and I asked them quite blatantly knowing what they know about the circumstances that Mariah

was in what they thought had happened to that little girl.

And I think their answer -- I mean, it really tells us that they had a feeling that this is the resolution. I want you to have a look.

(BEGIN VIDEO CLIP)

ALEX WOODS, FATHER OF MARIAH WOODS: Do I think she`s alive? Is that what you asked me?

HEATHER KRAFT, FIANCEE OF ALEX WOODS: As a parent --

WOODS: As a parent and --

KRAFT: We want to believe, yes.

WOOD: -- to keep the faith and hope. I would love to say yes, but --

KRAFT: But knowing what we`ve been going through --

WOODS: Deep down in my heart and got that little feeling, it`s not looking good at all.

(END VIDEO CLIP)

BANFIELD: I want to bring in defense attorney and CNN and HLN legal analyst, Joey Jackson, who`s live with me now. You see that and your heart

breaks because you know the suspicion was on that father as well. It always is and he was undergoing that stress, as well as the stress of

knowing that his little girl was somewhere out there, likely not a good scenario.

He may have had some knowledge of what might have been happening --

JOEY JACKSON, CNN AND HLN LEGAL ANALYST: Yes.

BANFIELD: -- in that home where Mariah disappeared from.

[18:15:04] BANFIELD: This is the question I have for you. If they found Mariah submerged, we all know what happens in terms of the forensics that

can be compromised under water.

JACKSON,: That`s right, that`s right.

BANFIELD: Do you think that`s going to be a concern in this particular case?

JACKSON: The answer is, Ashleigh, everything will be a concern. But I think ultimately, they`ll be able to work around it. Now, I know your

initial concern is -- listen, there are all these charges, where`s the homicide charge?

Fear not on that issue because prosecutors certainly have time to amend the charges. I think ultimately, and remember, they`re asking people for

surveillance and everything else. So what prosecutors do is they bring these charges to hold the defendant. And then when they get the actual

information from the medical examiner in terms of cause of death or anything else, now they can amend and upgrade the charges to what they

really should be.

BANFIELD: OK. So, that pertains to Earl Kimrey?

JACKSON: Yes.

BANFIELD: What about mom. What about mom who these little boys say knew what was going on in terms of the abuse they suffered, and knew what was

going on in terms of the sexual abuse that Mariah allegedly suffered at his hands? She`s not charged. Will she be?

JACKSON: It`s an excellent question and I think it`s one that every viewer has on their mind at this point. And whether she`ll be charged is going to

be whether the evidence suggests that she knew something much more than she`s revealing. And so, let`s wait and see to what she knew.

I will say that all the things you brought up about child protective services and the beatings in the home and everything else, you know defense

attorneys are going to move to suppress that so it will be no part of this trial.

But as to mom, and whether she`ll be charged, let`s wait and see what the investigation reveals in terms of what she knew and when she knew it.

BANFIELD: I think there`s a lot more questions than answers even though there`s an arrest in this case. And I think, of course, what we`re waiting

for is the official declaration that this is Mariah. I think we all know at this point.

JACKSON: Exactly.

BANFIELD: But, you know, you can`t go forward with a case if you don`t have your Ts crossed. Joey, don`t go anywhere. Still a couple of other

stories that we`re going to share with you including 17-year-old Caitlyn Frisina back home with her parents in Florida tonight.

You might remember that name because it`s the teenager who was found on Friday in Upstate New York with 27-year-old Rian Rodriguez. She had

disappeared from her home in the middle of the night with a high school soccer coach and had been on the run for almost a week before the two of

them were spotted in Syracuse, New York, 1,000 miles away. It was her father who spoke about the ordeal.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Ward, how are you holding up?

WARD FRISINA: It`s been difficult. I`m glad I have my daughter back where I know I can protect her and keep her safe as a father always wants to do.

(END VIDEO CLIP)

BANFIELD: A pretty dramatic moment there. And this is also pretty dramatic. That`s Rodriguez. He actually ended up in court this morning

and was heard waiving his rights to extradition.

He`s going to be headed back to Florida sometime in the next couple of weeks and he`s facing charges of interference with custody. But yet again,

more charges are possible in the offings (ph).

Coming up in the next hour, I just wanted to remind you, we`ve got more on the investigation into Mariah`s death. Little Mariah`s death and what

child protective services found out about what was happening in her home before she went missing and turned up dead in a creek.

Charges of horrific sexual abuse that that little 3-year-old baby and her brothers apparently were suffering in terms of violent abuse. And

apparently the allegations are all at the hands of the mother`s boyfriend.

First tonight, outrage as Brock Turner, the Stanford student convicted of assault, sexual assault, decides to break his silence and says he wants a

brand new trial, saying the last one was unfair.

(COMMERCIAL BREAK)

[18:23:15] BANFIELD: His sentencing sparked fury in the courtroom and right across the country. Brock Turner, the 19-year-old Stanford

University swimmer convicted of sexually assaulting an unconscious woman behind a dumpster at a frat house.

The Brock Turner`s crime would never have gone viral if it weren`t for the remarkable courage of his victim, who stared right at him in court and

unleashed thousands of words, searing words, now heard all around the world. Her description of the attack and its effect on her life so

powerful it took us an entire hour just to read as much of it as we could on the air. Not the easiest decision for people who work in T.V., but

there was no other way to convey the unbelievable impact than to share her words exactly as she wrote them.

This was June 6, 2016, just days after her assailant got only six months for the crimes against her.

(BEGIN VIDEO CLIP)

"I don`t want my body anymore. I was terrified of it, I didn`t know what had been in it, if it had been contaminated, who had touched it. I wanted

to take off my body like a jacket and leave it at the hospital with everything else.

On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger and that I should get

retested for HIV because results don`t always show up immediately. But for now, I should go home and get back to my normal life."

(END VIDEO CLIP)

Emily Doe`s statement was shared worldwide from China, to Ireland, to India, because it addressed an issue that is global, taking advantage of a

powerless person.

[18:25:01] Something the victim had to relive in court and something she`ll relive now that he`s asking for a brand new trial. Emphasizing that she

was drunk that night and saying he wasn`t accurately portrayed. Again, he was sentenced to just six months behind bars but he was only locked up for

three.

BANFIELD: Jeff Rosen is the Santa Clara County District Attorney joins me from Mountain View, California, for this exclusive interview. Thank you

for being with me tonight.

I just, you know, you were the first person I thought of other than Emily Doe herself, in terms of reaction to this sort of remarkable request for a

new trial. What do you think?

ROSEN: My pleasure, Ashleigh, to speak with you again. I think that the defendant in this case received a fair trial and he was justly convicted.

And this appeal that he`s filed is a waste of his parents` money and should be, you know, denied by the Court of Appeals.

BANFIELD: Can I ask you -- and get this up on camera if I can, Jeff, this is just unbelievable. This is the filing, I have it in my hands, and I

don`t know if you have a camera or a monitor in your studio but it`s a 172 pages.

My team and I do this stuff all the time, we look at this court filings all the time, and many of us say we`ve never seen been appeal this thick, this

detailed. This sort of, like, gurthy. What`s your reaction? Have you even had a chance to read through it all?

ROSEN: I`ve looked over the appeal and my reaction to that is, of course, defendants have a right to file an appeal any time they`re convicted.

That`s what our constitution and our laws provide. But in this circumstance, I think that he`s wasting his parents` money. He was justly

convicted by a Palo Alto jury where Stanford University is located. He was sentenced and the conviction should remain and I hope it will.

BANFIELD: So, I`m trying to sort of read through all of this. This was a -- this was a young man who could have faced what you requested, six years.

Could have been higher but, you know, the prosecution requested six years. He got six months, he only served three.

Many people across the country, indeed around the world thought he skated on this. Is it your thought that perhaps he thinks that this is too tricky

to navigate his entire life as a registered sex offender and that this is really what it`s all about fighting this trial result because he wants that

to go away?

ROSEN: Well, I think I can try to answer your question in two ways. One, as a district attorney, again, he can file an appeal as to why he`s filing

an appeal. I really have to -- I don`t want to get inside of his mind and speculate as to what he`s thinking about that.

I can tell you if I just to add one D to D.A., I`m a dad, and I can tell you that I think that from the beginning of this case, this young man has

blamed everybody else for what he did and never took responsibility for what he did to Emily Doe and never expressed any remorse. And this appeal

is a continuation of it because anytime a defendant files an appeal in a criminal case, they say three things.

One, my lawyer didn`t do a good job, two, the judge made bad rulings, and three, the prosecutor didn`t play fair. That`s what`s said in every case,

that`s what this defendant said and he`s wrong on all three counts. And I hope and believe that his conviction will be upheld.

BANFIELD: So let me ask you about some of the finer points that his attorneys have -- again, in a 172 pages, they`ve been super clear about

what they think they -- what grounds they may have. And they think that the whole notion of this crime happening behind a dumpster might have

prejudiced their case. That the notion that -- the language that was used, behind a dumpster, they think it was more like 20 feet away.

I personally think it depends on where you`re standing at the dumpster. On what side of the dumpster you`re standing as opposed to whether it`s in

front of or behind a dumpster. But is there anything to this notion of the language that they take issue with as prejudicing their case or making it

more difficult for, say, Brock Turner to get the kind of defense that they believe he was entitled to in this case?

ROSEN: I saw the photos of where the crime took place, of where he assaulted Emily Doe and it`s exactly as was described by our prosecutor in

the case. Moreover, the jury heard all of the evidence in the case and the jury saw the photos for themselves. And the jury drew its own conclusions

which was that the defendant was guilty of these crimes and found him so.

BANFIELD: I want to just also, Jeff, if I can, I know you`re aware of this, I think a lot of Stanford students are aware of this as well. That

location has undergone a massive overhaul.

[18:30:03] If you walk or ride by that location now, this is what you see. Sort of a contemplation park, it`s got a fountain. If we could just drop

the banner for a moment so that everyone can see the fountain on the -- yes, you see there`s a little water fountain there, a couple of benches. I

mean, this is a pretty significant change in environment, you know, from what it used to be but this was something at Stanford.

ROSEN: Yes, it`s a good idea.

BANFIELD: And, you know, this is something that Stanford and Emily Doe and her representative as well, Michele Dauber, who`s a professor at Stanford,

you know, really had to go to (INAUDIBLE) and make this happen.

So let me ask you about the whole notion of Emily`s name because we couldn`t help but notice that in these 172 pages, Brock Turner`s attorney

have decided to call her Jane Doe. She is known worldwide as Emily Doe, and I personally think that sounds like a strategy. Did you?

ROSEN: If it`s a strategy, it`s a poor strategy. But again, it doesn`t surprise me given the way that the defendant acted not only on that night

with Emily Doe, but how he acted during the trial. And the jury held him responsible for what he did.

The victim in this case has a name, her words have been heard worldwide. And because of that conviction in this case, we`ve had a whole national

conversation about sexual assault on college campuses. And it`s something that enabled us in our county to establish a memorandum of understanding

with the universities in our county including Stanford, as to how to investigate and prosecute sexual assault on the campuses. As well as, of

course, how to educate students and prevent the assaults from taking place in the first place.

And that`s really because of the hard work our Prosecutor Alaleh Kianerci put into this case. And the excellent advocacy that led to the jury justly

convicting Brock Turner.

BANFIELD: And to that end, anybody can appeal. You said it, yourself. What do you think the odds are? What do you think the chances are, that he

will win his appeal and have conviction thrown out, I`m assuming only to face trial again.

Let`s take step one. What do you think the odds are that he will prevail in this appeal and have his conviction thrown out?

ROSEN: His odds of prevailing on this appeal, in my view, are extremely low. And his odds of changing the direction that our nation is going in

terms of treating sexual assault with the appropriate seriousness it deserves, and protecting women as they should be, and treating women and

protecting them as they should be. That`s not going to change whatever happens with his appeal in this particular case.

BANFIELD: And if his conviction is thrown out, if he does prevail, correct me if I`m wrong, it would be up to you to re-file charges and get a second

bite at this apple, correct?

ROSEN: That`s correct, Ashleigh, and while I -- in most circumstances, don`t talk about hypothetical things or things that I might do in the

future, I`m telling you and I`m telling everybody else who`s watching. If, for some reason, this conviction is overturned which I find extremely

unlikely, if that happens, we will prosecute him again and we will convict him again. He did it and he deserves to be punished for it.

BANFIELD: Jeff, I can`t thank you enough for taking the time. I know you`re busy and I know you haven`t done a public appearance on this

particular filing, but I hope we get a chance to speak again because I don`t think this story is going away given the magnitude and given the

global reach that this verdict originally that it had, and that, of course, the sentencing had. Thank you so much.

ROSEN: Thank you, Ashleigh.

BANFIELD: I also want to bring in Michele Landis Dauber, she`s a Stanford Law professor who is also a friend of Emily Doe and she has been leading

the recall Judge Aaron Persky campaign. And Michelle, thanks for being here tonight. I think you specifically can answer this question for me

because you`re a professor of law and because you`re intimately aware of all after the details around the Judge Persky ruling and the backlash.

If Brock Turner prevails in this appeal. If Brock Turner has this result thrown out. If Brock Turner, as we just heard the D.A. say, faces another

trial which he undoubtedly would, he would get another judge. I want to get your opinion on what any other judge out there would do, given a

conviction, knowing what the Persky verdict unleashed.

MICHELE LANDIS DAUBER, STANFORD LAW PROFESSOR: Well, I mean, I think that another judge hopefully would not be influenced by politics but would

sentence Mr. Turner based on what Mr. Turner deserved which Judge Persky did not do.

[18:35:02] I`ll tell you, Ashleigh, the only thing that is unfair about this case is the way Judge Persky treated the victim. The idea that Brock

Turner did not get a fair trial is absolutely ridiculous.

BANFIELD: Can I just ask one last question? And it`s just a personal question, as I know that you are close with Emily Doe. How is she, given

this new development, given that this is all public again?

DAUBER: Well, I mean, I`m not going to comment on her, how she is specifically. What I can say is that this brief is 172 pages of victim

blaming garbage. And the jury heard Brock Turner`s victim blaming arguments and rejected them decisively when the jury convicted him

unanimously beyond a reasonable doubt of three serious felonies.

Brock Turner, you know, was not sorry. He blamed her then and he`s still blaming her now. And, you know, he should have been punished appropriate

to his crime. Perhaps if he had been punished appropriately to his crime by Judge Persky, he would now be taking seriously what he had done and

taking responsibility for his crime.

So, you know, this is just -- you know, the only thing I learned from reading this brief, frankly, is that his parents could afford to pay, that

they were affluent enough to pay for a 172-page brief, to be honest.

BANFIELD: Professor Dauber, I can`t thank you enough for your time, again. I do appreciate it and I don`t think it`s the last time we`ll speak because

we have 172 reasons now why to continue this story. Thank you, Michele. Appreciate it.

This is the season of giving, which also means it is the season for taking for so-called porch pirates. Those people who are just waiting to steal

your holiday packages once they`re delivered. But one nanny in Washington State was having none of it. And she laid some vigilante justice on an

attempted package thief. You`re going to see it all, next.

(COMMERCIAL BREAK)

[18:41:21] BANFIELD: Well, it is Christmas time which is the season that giveth but here`s the problem. It`s also the season that taketh away in

the form of those nasty little package thieves. You know the people who help themselves to our loot right off our own front porches.

But we don`t all have watch dogs inside our homes like the Washington State nanny who caught a package thief in the act and made pretty darn sure that

she`d pay the price.

(BEGIN VIDEO CLIP)

ANDERSON: Hey, what (INAUDIBLE) are you doing? Hey, you (INAUDIBLE) piece of shit. What are you trying to steal?

UNIDENTIFIED FEMALE: Get off me.

ANDERSON: I`m calling the cops.

UNIDENTIFIED FEMALE: Let go of me.

ANDERSON: Can someone call the police? She just stole something from my house.

UNIDENTIFIED FEMALE: I didn`t do anything.

ANDERSON: Yes, you did.

UNIDENTIFIED FEMALE: No I didn`t.

ANDERSON: I (INAUDIBLE) saw you. You know we got security cameras on this house, don`t you?

UNIDENTIFIED FEMALE: I was checking your address.

ANDERSON: You`re not fucking getting away with this.

(END VIDEO CLIP)

BANFIELD: I love the F bombs just for good measure. She is badass, isn`t she? Eight minutes later this was the scene. That woman was in handcuffs

thanks to that extraordinary babysitter who called her out.

ANDERSON: I actually saw her, like, bending over and picking it up. And they have a lot of packages and I knew I was like, oh my gosh, she`s --

that`s not -- she`s taking that. And so I just took off after her.

I continued to run like, hey, you`re not nice person, like, I see you, you`re stealing from me. And when she was on the ground, I kind of kept

her there. That`s when she literally was like I was just checking your address.

And I was like, no, girl, like I have cameras. If somebody`s doing something wrong, I`m not afraid to kind of put them in check.

(END VIDEO CLIP)

BANFIELD: Ha, ha. That`s my new hero, Kate Anderson, the nanny. That`s the way they should all be. I want to bring in freelance reporter, Dillion

Honcoop who joins me from Bellingham, Washington.

So Dillion, she`s like a national hero. She`s been all over the network morning shows, et cetera. Has Kate Anderson`s life completely changed?

DILLION HONCOOP, FREELANCE REPORTER (via-telephone): Absolutely. In fact, even they started a gofundme campaign to try to reward her for her heroism.

Nine hundred dollars raised so far but a lot of people --

BANFIELD: Wow.

HONCOOP (via-telephone): -- calling her now the Rambo nanny. It`s a nickname that she`s gotten for her actions there in that video. Also the

credit she gives to the ring camera, one of these ring cameras that the homeowner`s husband apparently installed at that home just weeks before

this whole thing happened. They never thought that they would catch something like this on tape. And, again, just weeks later this goes down

right in front of their home.

BANFIELD: Man, she is tough. I mean, that she was having absolutely none of it. I`m -- look, if she can handle a one-year-old, though, I`ll tell

you, that`s the hardest port part of the job right there. The crime fighting, man, that`s easy.

Hold on for a second, Dillion because the Washington family was not the only household with a security camera ready to catch these criminals, if

not in person, right there on camera.

The criminals whose videos have now gone viral and even have nicknames, in fact. There`s one video that has a nickname, the California buttcrack

bandit. That`s the California buttcrack bandit and that`s why. Unfortunately, we had to blur out the critical reason as to why he got that

nickname.

But we also have a looter who learned a lesson when he tried to grab a package and was a little surprised to find out what was inside because it

was apparently filled with poop. So enjoy your package there, thief. You got a bunch of poop.

[18:45:00] The job is a heck of a lot messy, though, for the luxury thief like this lady in the pink sneakers who apparently pulled up to the porch

in a Jaguar. Yes, a Jaguar, and she`s out looting. People`s loot. Go figure that one.

The consequences of the job can be very severe, though, like they were for this woman in Iowa who`s charged with misdemeanor theft after she ended up

actually returning the items that she allegedly stole.

I`m sorry, but that`s really dumb. You steal the package and then you go to the store and you have the audacity to return it? Come on. Haven`t

heard of re-gifting?

Bill Stanton is a safety and security expert. He joins me now live. We actually have some power over these people, don`t we? I mean we can do

things to protect ourselves --

BILL STANTON, SAFETY AND SECURITY EXPERT: Absolutely.

BANFIELD: -- from these horrible holiday monsters.

STANTON: But first, let me say, the emotional side is right with you, I was cheering along with you, you know, with the popcorn, yes, go get them.

But now the security part of me has to say --

BANFIELD: Stay away.

STANTON: -- that one-year-old was left in the house. And if that was -- if it went violent or that car came back, it could have been a whole

different story. So while it`s great intellectually speaking, do the cost benefit, do not engage.

BANFIELD: Or maybe Kate could have gotten shot.

STANTON: I didn`t even want to go there.

BANFIELD: Yes.

STANTON: You know what, we all have cell phones today. Take a picture and let them go. That`s the security aspect of it.

BANFIELD: OK.

STANTON: But yes, there are things we could do.

BANFIELD: I want to go over a couple tips because when I first saw this story, I thought, I don`t want to be -- and Joey, I want you to weigh in

because I know you bought me a lot of really expensive things --

JACKSON: Always.

BANFIELD: -- for Christmas.

JACKSON: Well deserved.

BANFIELD: And my 50th birthday, that`s coming up too, right?

JACKSON: Coming up.

BANFIELD: From Amazon.

JACKSON: About 10 years.

BANFIELD: Adorbs (ph). OK, so --

STANTON: You do like T.V.

BANFIELD: Number one, request a specific delivery time and date. That`s important. Number two, require a signature at the time of delivery.

That`s not always possible.

Deliver to a person or a neighbor who will be home. Request to hold the package at a pickup facility. Provide delivery instructions to leave

packages at a safe location or out of plain sight at home. Meaning get a big plant and put it behind the plant and you can give those instructions.

Have some visible surveillance cameras and a sign saying as much. That`s good. And open up a P.O. Box so that you -- sometimes delivery services

won`t deliver to a P.O. Box. But I want you to walk me through these other four here, these four cool things I`ve never heard of.

STANTON: This is about being prepared, not scared.

BANFIELD: OK.

STANTON: A little common sense goes away. So an Amazon locker is where they`ll secure your package in case you don`t want it put directly in front

of your door. You know, and a lockbox is something very similar. You know, now there are homes, there are lockers, you know, think about when

you --

BANFIELD: And just when you buy it yourself.

STANTON: Right. You hit a code and you put it in.

BANFIELD: What`s a package guard?

STANTON: A package guard is a place where it is secured and it`s tracked. So when that guard -- that package is then guarded from theft and if it is

taken, you know where it`s taken and who signed for it.

BANFIELD: And the doorman app, what`s that?

STANTON: Yes. Doorman app is like a virtual concierge where you have -- it`s a camera, you don`t necessarily can afford a doorman building where

you ring the bell and they buzz the door in, you put the package in and then it`s locked.

BANFIELD: OK. So Google those things, Amazon locker, lockbox, package guard or Doorman app. And just really quickly, the reality is, do they

really get prosecuted?

JACKSON: You know, the answer is it depends. Because nowadays you want to deter more people from doing things like this and so people are more apt

and prosecutors are more apt to, you know, do the right thing and prosecute these people. But they should be prosecuted because they`re taking away so

much joy from others.

BANFIELD: I agree, including my birthday present, which I know you`re planning as we speak. Bill, thank you.

STANTON: I got to go shopping.

BANFIELD: You`re not going anywhere.

JACKSON: I`m not.

BANFIELD: We do have another story we want to tell you about. A 7-year- old, a 7-year-old making an awful discovery in her basement, a bloody scene and a dead body. That body turned out to be her own mother. What she told

the authorities, a.k.a., "I don`t want to be next."

(COMMERCIAL BREAK)

[18:53:12] BANFIELD: I didn`t want to be next. That`s reportedly what a 7-year-old child told the police after she went to school and told her

teacher that she saw a dead body in her basement. That teacher called the police who asked the girl why she didn`t tell her father about the dead

body. The girl said she didn`t want to be next because the body was her mom`s.

Her dad has the now been charged with murder. He first told the police when he got there, he the didn`t know where his wife was. Police say they

noticed drops of blood all throughout that house and that when they went down to the basement, they found that body covered in plastic and carpet.

But thankfully, that daughter told the teacher when she got to school or tonight we may not even know that that mother was even missing.

Defense attorney and CNN Legal Analyst Joey Jackson still with me. Seven years old and now --

JACKSON: Yes.

BANFIELD: -- a witness. A key witness with a mother and a father both players. One dead, one potentially gone for life. How much can a 7-year-

old be a viable witness in a murder case?

JACKSON: You know, quite a bit. So what happens is, is that there`s a competency hearing. And what you do is because only competent testimony can

be can admitted. In English, that means that you have to know right from wrong, you have to know the truth from a lie, and you have to be able to be

descriptive in terms of, you know, what you`re telling the jury the actual facts.

BANFIELD: Did they even need her honestly as a witness? Do they need her?

JACKSON: I think it makes the prosecution`s case, Ashleigh, more compelling. And so a judge will take them back, and usually I`m looking at

the statute now, a child under 10, they don`t like to testify because of that competency issue, but that can be overridden based on the compelling

nature of what they saw. And if the judge believes of what they have add is credible.

BANFIELD: Well this is up story then. We got some new rankings out. What`s the safest city in America? We`ll leave you to the commercial break

to think about it and give it to you when we come back.

JACKSON: I can`t wait.

(COMMERCIAL BREAK)

[18:59:35] BANFIELD: One more thing tonight, Nashua in New Hampshire, you are the safest city in America, woo! According to

wallethub.com. apparently, Nashua was followed by South Burlington, Vermont and Warwick, Rhode Island. These rankings looked at 35 indicators

including crime, unemployment and even the road quality. So, congratulations to the three of you and anybody else who`s safe. It`s nice

to know.

We now know the answer to a question that we spent the last week asking, what happened to little Mariah Woods?

[19:00:04] The next hour of CRIME & JUSTICE starts right now.

(BEGIN VIDEO CLIP)

BANFIELD: The remains of a missing toddler.

K. WOODS: This is my world. This is my angel.

BANFIELD: May have been found in creek.

LEE: We have recovered what we believe are the remains of little Mariah Woods.

BANFIELD: But that wasn`t the only horrifying discovery this weekend.

K. WOODS: She was my miracle. This is my everything.

BANFIELD: Court documents say mom`s live-in boyfriend forced oral sex on to the three-year-old child.

It brings to mind all kinds of questions about what this mother knew.

BANFIELD: What two little boys said the boyfriend did to their sister before she disappeared.

BANFIELD: He is perhaps one of the most famous convicted felons alive.

UNIDENTIFIED MALE: After he stood up, we saw that she wasn`t moving at all.

BANFIELD: Stanford swimmer Brock Turner arrested by a dumpster after sexually assaulting an unconscious woman.

ROSEN: The defendant preyed upon an intoxicated stranger at a college campus.

BANFIELD: Jailed just three months and a registered sex offender for life, he says he didn`t get a fair trial.

UNIDENTIFIED FEMALE: He wants his conviction overturned.

BANFIELD: Does he have a shot?

You have dragged me through this hell with you.

The district attorney himself will join us live for an exclusive interview and his first comments on this development.

A brazen thief is left behind by her own getaway car. And the nanny who caught her becomes a national hero. How she helped put a package thief

behind bars.

ANDERSON: I`m not letting you go.

BANFIELD: Plus tips on how to avoid being ripped off yourself, this Christmas and fight back against the package pirates.

Her mom found dead in the basement by her 7-year-old girl, stabbed multiple times. Why the traumatized child told authorities she didn`t want to be

next.

Back in the arms of her parents.

SCARLET FRISINA: We are so thankful to have her back.

BANFIELD: After disappearing from her bedroom. So what happened to this talented young soccer player while on the road with a coach?

The teen told her friend Rodriguez wanted her to leave the country with him.

And what kind of charges is this family friend facing after being caught a thousand miles away with their daughter?

And this is not the t-shirt you want to be wearing when the cops come knocking at your door posing as your student. A high school chemistry

teacher now charged with rape after parents and police discover a romantic date planned at her candlelit home.

(END VIDEO CLIP)

BANFIELD: Good evening, everyone, I`m Ashleigh Banfield. Welcome to the second hour of CRIME & JUSTICE.

For the last week, we watched a whole county in North Carolina become a potential crime scene. There were hundreds of volunteers stepping in to

help. There were helicopters searching from the sky. There were boats and K-9s and dive teams blanketing the earth and they were all looking for one

thing, any sign of this adorable three-year-old girl who went missing in the middle of the night.

And over the weekend, they found the sign. It was in the way of remains of a body they believe to be little Mariah Woods. They found that body in a

creek just miles from Mariah`s home.

(BEGIN VIDEO CLIP)

LEE: This is a very sad day for the people of Onslow County and certainly for the victim`s family. Approximately 5:30 p.m. today, Mariah Woods was

recovered by the Fayetteville Police rescue dive team.

(END VIDEO CLIP)

BANFIELD: But this weekend`s horrifying discoveries certainly did not end there. Because now we have a pretty good idea of what was happening inside

that trailer home where little Mariah lived with the man who`s now been arrested in connection slightly to her death and I`ll explain that in a

moment.

This is her mother`s live-in boyfriend, 32-year-old Earl Kimrey. And now Mariah`s two brothers live in that home as well and may become lead

witnesses in the case against him. Because they have outlined in CPS documents that he hit them, that he abused them, that he abused drugs, and

in a bombshell revelation, that he sexually abused little Mariah while their mom stood by and did nothing.

Joining me now is Merrilee Moore. She`s a reporter with CNN affiliate, WCTI. She joins me now from Jacksonville, North Carolina.

Merrilee, the court documents, the CPS documents are extremely disturbing when it comes to what those two brothers alleged happened to their little

sister at the hands of the man arrested, Earl Kimrey. Can you summarize for me what the documents allege?

[19:05:03] MERRILEE MOORE, WCTI REPORTER (via-telephone): Ashleigh, these are absolutely devastating and worst case scenario. I mean, so many things

coming out of it but just to bullet point it for you, on one hand, these -- her brothers are saying that first of all the mom knew. They`re saying

that Mr. Kimrey actually sexually abused Mariah. He inserted his penis in her mouth according to these documents, they`re also saying that he --

actually this is interesting, November 26th, one of the brothers says that he punched him. And that is the day right before Mariah was reported

missing. I find that timing very interesting.

It also says that Earl Kimrey, the whole time has been abusing drugs, which I`ve been hearing that from the neighbors since day one. They`ve been

telling me this. A lot of stuff to break down in these documents, Ashleigh.

BANFIELD: OK, so it`s important for us to unpack a few things here. Kristy Woods is that mother, she has not been charged in any of this yet.

We don`t know if she will be.

Certainly, if these allegations by the brothers are true, there could be some serious trouble ahead for this mother. I want to do a couple of

things here if I can, Merrilee.

First, I want to play for our audience, Kristy Woods when she first came in front of the cameras. I think it was somewhere within 24 hours of the

disappearance of Mariah. At that point, we all believed that this little girl might have been taken from her bed, might have wandered off, that she

was missing somewhere. We had no indication whatsoever that anyone inside that house, a.k.a. one Earl Kimrey, her boyfriend, would end up charged in

connection with this case. But this is how she appealed to the cameras when we first met this mother, Kristy Woods, have a look.

(BEGIN VIDEO CLIP)

K. WOODS: Please, bring her back and I love her. I`ll do anything that I can, whatever you want. Just bring her home, please, safe and sound. She

is my baby, she`s my everything. Everything in the world just to be able to touch her and hold her and not let her go again, I`d give anything.

(END VIDEO CLIP)

BANFIELD: So that was then and tonight is now. And I want to read for you, if I can, you know, Merrilee, you just made a reference to some of the

allegations that those brothers have told CPS are now officially in documents that have been served to both mom and dad in this case. But I`m

going to give you the language of what CPS officials say they were told from these little boys. And if you`ve got children in the room, I ask you

7:00 at night, they very well might not be in bed yet. I`m going to give you a pause for a second. Get the kids out of the room, this is nothing

that a child should be hearing.

Quite frankly, it`s not something I want to hear as a mother. But this is official. This girl is likely dead and that man is likely to be charged in

this death and this is what the witnesses in the house say was going on. Three, two, one, get the kids out.

For starters, CPS officials say, "The juvenile, and the name is redacted of one of the brothers, states that he witnessed Mr. Kimrey put his penis in

the mouth of his sister, Mariah Woods. The juvenile, name is redacted, states that his mother knew Mr. Kimrey was sexually abusing the juvenile,

Mariah. The respondent mother failed to protect the juveniles from exposure to sexual abuse."

Note, the juveniles. Failed to protect the juveniles from exposure to sexual abuse. The filing continues.

"The juveniles have disclosed inappropriate discipline by Mr. Kimrey, including Mr. Kimrey hitting both juveniles with a belt, and Mr. Kimrey

hitting the juvenile, name redacted, in the face on October 26, 2017 causing the juvenile`s nose to bleed. The respondent mother failed to

protect the juveniles from discipline from Mr. Kimrey."

I want you to take note of that date right there on your graphic, November 26th because that`s the date that little Mariah went missing on or about.

So the allegation from her brothers, older brothers, aged about seven and 10, were that one of them was hit in the face so badly his nose bled.

Later on, his little sister, dead, vanished, gone. The assumption is it`s her. At this point, no official document saying it`s her but when the

police told us it was likely her, it seemed very much like it`s her.

There`s one more piece in this CPS filing I want you to be aware of as well. It reads this. "The respondents` mother is aware that Mr. Kimrey

abuses substances including pot, heroin, and methamphetamines.`

Now, since you`ve had a chance to digest all of the things that those brothers have said about Mr. Kimrey and their mom, again, their mom, Kristy

Woods who you just heard with the crocodile tears. Now that we know what was going on the night that little girl went missing, it`s interesting to

watch Kristy Woods under crocodile tears, isn`t it?

[19:10:05] Let`s have a look again.

(BEGIN VIDEO CLIP)

K. WOODS: She`s like an angel. I had my tubes tied at birth. On either side, I felt that I was pregnant with her so we call her our little angle.

She`s got the personality of making laugh. She`s goofy, outgoing, talkative, she knows how to make your day brighter.

A lot to this community and people that are here looking for her, love her to death. My life with her was feeding here and putting her to bed, and

told her that I love her.

(END VIDEO CLIP)

BANFIELD: I want to feel for her, I really do. I want to feel for any mom who goes on camera and looks like that. I said the same thing about Susan

Smith. I felt terrible for Susan Smith when she said some black men car jacked her two little kids and stole them away from her when in fact, she

rolled the car into lake drowning them herself. I felt bad for her.

I also, at this point, feel bad for Kristy Woods and I don`t know if I should. Certified Child Welfare Law Specialist Ashley Willcott joins me

live from Atlanta.

Ashley, it`s a professional like you, I need to get me of the ledge because a lot of stuff happens in a household and moms may not know what their

boyfriends are doing or even their dads are doing and vice versa. But when you see that tape of Kristy Woods and hear tears on the same night, we`re

hearing those brothers say what was going on in that trailer.

And in the same (INAUDIBLE) that we`re hearing that boyfriend allegedly was forcing oral sex on a three-year-old girl. How am I supposed to feel about

Kristy Woods at this point?

ASHLEY WILLCOTT, CERTIFIED CHILD WELFARE LAW SPECIALIST: I got to tell you. Look at the size of the home trailer in which they were living. I

don`t think there`s any way that any others can believe this mother did not know what was going on or should not have known what was going on.

I think that law enforcement`s done a phenomenal job in this case and has treated this initially as an appropriate Amber Alert missing child but

they`ve also handled the criminal investigation exceedingly well. And we don`t know all the facts yet but I do not believe that this particular

mother was not aware in this particular fact of pattern of what was happening to her child and children in the home. That`s the worse part.

BANFIELD: So, we got to be clear at this point. Kristy Woods hasn`t been charged but I mean --

WILLCOTT: That`s right.

BANFIELD: -- honestly, how about bringing in a defense attorney on this case. CNN and HLN Legal Analyst Joey Jackson who`s also live with us.

Ashley, I`ll ask you to standby for a second while I get Joey to weigh in. You have read those documents.

JACKSON: Right.

BANFIELD: You have seen the allegations from the brothers.

JACKSON: Yes.

BANFIELD: How is it that Mrs. Woods hasn`t been implicated in this case or I mean, is it just a matter of time?

JACKSON: You know, it`s certainly could be a matter of time Ashleigh so let me say this. I know your first concern is as to this girl, she`s gone,

dead, horrific. Why no homicide, right? So, the reality is just that the prosecutors will lodge the charges that they can prove initially and then,

when they get more evidence, we`ll upgrade now as to the mom which is a concern also.

The mom at this point is not (INAUDIBLE). You mentioned then you saw those, you know, what you call crocodile tears. Wow, I look at it and I

was so broaden by this Ashleigh, right. I`m so compelled and then to learn the facts that were really underlying this, I said, you have to be kidding

me.

And so, once the investigation ensues, can and will she be charged? The -- based upon everything that`s written there, I would find it very difficult

if she was.

BANFIELD: I mean, this is a hot mess of facts in this case. We put --

JACKSON: Putting it mildly, yes.

BANFIELD: -- to put it mildly, I mean this is a little girl who`s dead. There is a boyfriend living in the home who`s now facing potentially murder

but not yet.

JACKSON: Right.

BANFIELD: Standby on that. A live-in boyfriend who also according to two little boys living in that home was sexually abusing their sister,

physically abusing them while mom stood by knowingly and saw these things. I mean, there`s just so many crimes -- I can`t even number the crimes

there.

JACKSON: So many, reckless endangerment, you know, certainly you have the issues of child neglect which rise to the level. I mean, look at what you

were reading there. Kids had to leave the room, right. These are potential felony charges. So, the complaint is -- or is not at this point

related to her but that doesn`t mean that it won`t be in the days and months to come

BANFIELD: There is also another set of players in this story and as you always know when a child goes missing, parents are number one. I mean,

it`s ground zero for investigators whoever lives nearby or who`s closest to those children are under the most painful scrutiny. Not just from the cops

but from the public as well.

And so, Mariah`s father who hadn`t seen her in a year and Mariah`s father`s fiancee, they joined us on this program last week because they themselves

felt the scrutiny and the pressure whether they had something to do with it.

[19:15:05] Knowing what we know now, that live-in boyfriend arrested, the molestation accusations from those brothers.

Let`s hear again from Alex Woods, that`s Mariah`s biological dad and his fiancee, Heather Kraft as they were in distress of their lives knowing full

well the circumstances they were in. Have a look.

(BEGIN VIDEO CLIP)

A. WOODS: The mom and her boyfriend like for some way just -- I mean, it could happen but I feel a hundred percent that has now happened. I mean,

for one, I don`t feel like she just got up and walked out.

Honestly, I think her boyfriend got mad or Kristy got mad and the girl woke up, Mariah woke up and was crying, (INAUDIBLE) whatever she wanted to go

back to bed or something like that and they got mad.

(END VIDEO CLIP)

BANFIELD: So, I mean, you have to feel for, Joey this couple.

JACKSON: With that, Ashleigh.

BANFIELD: Because I also asked them, have you felt the scrutiny of the public and your neighbors, and they said they had. And that`s not unusual

in these cases until they get vindicated and someone else comes along and ends up taking the wrath.

JACKSON: Yes, and you know, what occurs to me, Ashleigh, look at where this was occurring, right? Look at the location and the home in which it

was occurring. How could it be possible that all these things, it`s -- we`re not talking about little isolated rooms in an apartment building

where everyone else had their own room, right. We`re talking about one single unit.

And so, it`s very hard to suggest or to say that you were clueless and had no idea that this was going on. And not only as to actually witnessing it,

but one thing happen to people is there a changing behavior. Is there are changing compartment? Is someone crying, is someone unhappy? And to do

nothing, that`s the problematic and heartbreaking.

BANFIELD: I wanted to be clear as well, and Alex Woods and Heather Kraft haven`t answered our messages in the last several days, we`ve been trying

to reach out to them. The CPS document was addressed to him as well and those children did not go to Alex Woods. So there`s some kind of an issue

that at least CPS feels he has as well.

The children have said something like I hate my father, he says that`s because their mother poisoned them. I mean, it is such a mess of facts and

it`s such a distressing story. But, you know what, stay tuned, because (INAUDIBLE) were just going to be a boatload of charges coming down in this

case.

JACKSON: I really agree with that.

BANFIELD: Don`t go anywhere, please.

A high school teacher in Oklahoma is facing charges after the parents of one of her chemistry students allegedly found nude photos and sexting

between the two of them on his phone. But instead of confronting their son with the incriminating evidence, they went to the police instead.

And then an officer took over and texted the 22-year-old Hunter Day, the teacher on the teenager`s phone setting up another rendezvous, something

nice and romantic. And she allegedly wasted no time in telling him, hurry on over because her husband would be home from work, didn`t want to get him

on the action.

So, imagine her surprise when Canadian County Sheriff`s officers showed up, came to the door instead. The romantic scene was set, the lights were

down, the candles were lit and she was clad in a Santa Kitty t-shirt and they snap the photo of it. There she is.

Miss Day should her students tell her, is charged with second degree rape now, child pornography and soliciting sex from a minor.

Straight ahead, outrage tonight as Brock Turner, the Stanford student convicted of assault. He says, he wants a brand new trial because he says

the last one was unfair.

(COMMERCIAL BREAK)

[19:23:11] BANFIELD: His sentencing sparked fury in the courtroom and right across the country. Brock Turner, the 19-year-old Stanford

University swimmer convicted of sexually assaulting an unconscious woman behind a dumpster at a frat house.

The Brock Turner`s crime would never have gone viral if it weren`t for the remarkable courage of his victim, who stared right at him in court and

unleashed thousands of words, searing words, now heard all around the world. Her description of the attack and its effect on her life so

powerful it took us an entire hour just to read as much of it as we could on the air. Not the easiest decision for people who work in T.V., but

there was no other way to convey the unbelievable impact than to share her words exactly as she wrote them.

This was June 6, 2016, just days after her assailant got only six months for the crimes against her.

(BEGIN VIDEO CLIP)

"I don`t want my body anymore. I was terrified of it, I didn`t know what had been in it, if it had been contaminated, who had touched it. I wanted

to take off my body like a jacket and leave it at the hospital with everything else.

On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger and that I should get

retested for HIV because results don`t always show up immediately. But for now, I should go home and get back to my normal life."

(END VIDEO CLIP)

BANFIELD: Emily Doe`s statement was shared worldwide from China, to Ireland, to India, because it addressed an issue that is global, taking

advantage of a powerless person. Something the victim had to relive in court and something she`ll relive now that he`s asking for a brand new

trial.

[19:25:04] Emphasizing that she was drunk that night and saying he wasn`t accurately portrayed. Again, he was sentenced to just six months behind

bars but he was only locked up for three.

BANFIELD: Jeff Rosen is the Santa Clara County District Attorney, he joins me from Mountain View, California, for this exclusive interview. Thank you

so much for being with me tonight.

I just, you know, you were the first person I thought of other than Emily Doe herself, in terms of reaction to this sort of remarkable request for a

new trial. What do you think?

ROSEN: My pleasure, Ashleigh, to speak with you again. I think that the defendant in this case received a fair trial and he was justly convicted.

And this appeal that he`s filed is a waste of his parents` money and should be, you know, denied by the Court of Appeals.

BANFIELD: Can I ask you -- get this up on camera if I can, Jeff, this is just unbelievable. This is the filing, I have it in my hands, and I don`t

know if you have a camera or a monitor in your studio but it`s a 172 pages.

My team and I do this stuff all the time, we look at this court filings all the time, and many of us say we`ve never seen been appeal this thick, this

detailed. This sort of, like, gurthy. What`s your reaction? Have you even had a chance to read through it all?

ROSEN: I`ve looked over the appeal and my reaction to that is, of course, defendants have a right to file an appeal any time they`re convicted.

That`s what our constitution and our laws provide. But in this circumstance, I think that he`s wasting his parents` money. He was justly

convicted by a Palo Alto jury where Stanford University is located. He was sentenced and the conviction should remain and I hope it will.

BANFIELD: So, I`m trying to sort of read through all of this. This was a -- this was a young man who could have faced what you requested, six years.

Could have been higher but, you know, the prosecution requested six years. He got six months, he only served three.

Many people across the country, indeed around the world thought he skated on this. Is it your thought that perhaps he thinks that this is too tricky

to navigate his entire life as a registered sex offender and that this is really what it`s all about fighting this trial result because he wants that

to go away?

ROSEN: Well, I think I can try to answer your question in two ways. One, as a district attorney, again, he can file an appeal as to why he`s filing

an appeal. I really have to -- I don`t want to get inside of his mind and speculate as to what he`s thinking about that.

I can tell you if I just to add one D to D.A., I`m a dad, and I can tell you that I think that from the beginning of this case, this young man has

blamed everybody else for what he did and never took responsibility for what he did to Emily Doe and never expressed any remorse. And this appeal

is a continuation of it because anytime a defendant files an appeal in a criminal case, they say three things.

One, my lawyer didn`t do a good job, two, the judge made bad rulings, and three, the prosecutor didn`t play fair. That`s what`s said in every case,

that`s what this defendant said and he`s wrong on all three counts. And I hope and believe that his conviction will be upheld.

BANFIELD: So let me ask you about some of the finer points that his attorneys have -- again, in a 172 pages, they`ve been super clear about

what they think they -- what grounds they may have. And they think that the whole notion of this crime happening behind a dumpster might have

prejudiced their case. That the notion that -- the language that was used, behind a dumpster, they think it was more like 20 feet away.

I personally think it depends on where you`re standing at the dumpster. On what side of the dumpster you`re standing as opposed to whether it`s in

front of or behind a dumpster. But is there anything to this notion of the language that they take issue with as prejudicing their case or making it

more difficult for, say, Brock Turner to get the kind of defense that they believe he was entitled to in this case?

ROSEN: I saw the photos of where the crime took place, of where he assaulted Emily Doe and it`s exactly as was described by our prosecutor in

the case. Moreover, the jury heard all of the evidence in the case and the jury saw the photos for themselves. And the jury drew its own conclusions

which was that the defendant was guilty of these crimes and found him so.

BANFIELD: I want to just also, Jeff, if I can, I know you`re aware of this, I think a lot of Stanford students are aware of this as well. That

location has undergone a massive overhaul.

If you walk or ride by that location now, this is what you see. Sort of a contemplation park, it`s got a fountain.

[19:30:05] If we could just drop the banner for a moment so that everyone can see the fountain on the -- yes, you see there`s a little water fountain

there, a couple of benches.

I mean, this is a pretty significant change in environment, you know, from what it used to be but this was something at Stanford.

ROSEN: Yes, it`s a good idea.

BANFIELD: And, you know, this is something that Stanford and Emily Doe and her representative as well, Michele Dauber who`s a professor at Stanford,

you know, really had to go to (INAUDIBLE) and make this happen.

So let me ask you about the whole notion of Emily`s name because we couldn`t help but notice that in these 172 pages, Brock Turner`s attorney

have decided to call her Jane Doe. She is known worldwide as Emily Doe, and I personally think that sounds like a strategy. Did you?

ROSEN: If it`s a strategy, it`s a poor strategy. But again, it doesn`t surprise me given the way that the defendant acted not only on that night

with Emily Doe, but how he acted during the trial. And the jury held him responsible for what he did.

The victim in this case has a name, her words have been heard worldwide. And because of that conviction in this case, we`ve had a whole national

conversation about sexual assault on college campuses. And it`s something that enabled us in our county to establish a memorandum of understanding

with the universities in our county including Stanford, as to how to investigate and prosecute sexual assault on the campuses. As well as, of

course, how to educate students and prevent the assaults from taking place in the first place.

And that`s really because of the hard work our Prosecutor Alaleh Kianerci put into this case. And the excellent advocacy that led to the jury justly

convicting Brock Turner.

BANFIELD: And to that end, anybody can appeal. You said it, yourself. What do you think the odds are? What do you think the chances are, that he

will win his appeal and have conviction thrown out, I`m assuming only to face trial again.

Let`s take step one. What do you think the odds are that he will prevail in this appeal and have his conviction thrown out?

ROSEN: His odds of prevailing on this appeal, in my view, are extremely low. And his odds of changing the direction that our nation is going in

terms of treating sexual assault with the appropriate seriousness it deserves, and protecting women as they should be, and treating women and

protecting them as they should be. That`s not going to change whatever happens with his appeal in this particular case.

BANFIELD: And if his conviction is thrown out, if he does prevail, correct me if I`m wrong, it would be up to you to re-file charges and get a second

bite at this apple, correct?

ROSEN: That`s correct, Ashleigh, and while I -- in most circumstances, don`t talk about hypothetical things or things that I might do in the

future, I`m telling you and I`m telling everybody else who`s watching. If, for some reason, this conviction is overturned which I find extremely

unlikely, if that happens, we will prosecute him again and we will convict him again. He did it and he deserves to be punished for it.

BANFIELD: Jeff, I can`t thank you enough for taking the time. I know you`re busy and I know you haven`t done a public appearance on this

particular filing, but I hope we get a chance to speak again because I don`t think this story is going away given the magnitude and given the

global reach that this verdict originally that it had, and that, of course, the sentencing had. Thank you so much.

ROSEN: Thank you, Ashleigh.

BANFIELD: I also want to bring in Michele Landis Dauber, she`s a Stanford Law professor who is also a friend of Emily Doe and she has been leading

the recall Judge Aaron Persky campaign. And Michelle, thanks for being here tonight. I think you specifically can answer this question for me

because you`re a professor of law and because you`re intimately aware of all after the details around the Judge Persky ruling and the backlash.

If Brock Turner prevails in this appeal. If Brock Turner has this result thrown out. If Brock Turner, as we just heard the D.A. say, faces another

trial which he undoubtedly would, he would get another judge. I want to get your opinion on what any other judge out there would do, given a

conviction, knowing what the Persky verdict unleashed.

MICHELE LANDIS DAUBER, STANFORD LAW PROFESSOR: Well, I mean, I think that another judge hopefully would not be influenced by politics but would

sentence Mr. Turner based on what Mr. Turner deserved which Judge Persky did not do.

I`ll tell you, Ashleigh, the only thing that is unfair about this case is the way Judge Persky treated the victim.

[19:35:05] The idea that Brock Turner did not get a fair trial is absolutely ridiculous.

BANFIELD: Can I just ask one last question? And it`s just a personal question, as I know that you are close with Emily Doe. How is she, given

this new development, given that this is all public again?

DAUBER: Well, I mean, I`m not going to comment on her, how she is specifically. What I can say is that this brief is 172 pages of victim

blaming garbage. And the jury heard Brock Turner`s victim blaming arguments and rejected them decisively when the jury convicted him

unanimously beyond a reasonable doubt of three serious felonies.

Brock Turner, you know, was not sorry. He blamed her then and he`s still blaming her now. And, you know, he should have been punished appropriate

to his crime. Perhaps if he had been punished appropriately to his crime by Judge Persky, he would now be taking seriously what he had done and

taking responsibility for his crime.

So, you know, this is just -- you know, the only thing I learned from reading this brief, frankly, is that his parents could afford to pay, that

they were affluent enough to pay for a 172-page brief, to be honest.

BANFIELD: Professor Dauber, I can`t thank you enough for your time, again. I do appreciate it and I don`t think it`s the last time we`ll speak because

we have 172 reasons now why to continue this story. Thank you, Michele. Appreciate it.

This is the season of giving, which also means it is the season for taking for so-called porch pirates. Those people who are just waiting to steal

your holiday packages once they`re delivered.

But one nanny in Washington State was having none of it. And she laid some vigilante justice on an attempted package thief. You`re going to see it

all, next.

(COMMERCIAL BREAK)

[19:41:17] BANFIELD: Well, it is Christmas time which is the season that giveth but here`s the problem. It`s also the season that taketh away in

the form of those nasty little package thieves. You know the people who help themselves to our loot right off our own front porches.

But we don`t all have watch dogs inside our homes like the Washington State nanny who caught a package thief in the act and made pretty darn sure that

she`d pay the price.

(BEGIN VIDEO CLIP)

ANDERSON Hey, what (INAUDIBLE) are you doing? Hey, you (INAUDIBLE) piece of shit. What are you trying to steal?

UNIDENTIFIED FEMALE: Get off me.

ANDERSON: I`m calling the cops.

UNIDENTIFIED FEMALE: Let go of me.

ANDERSON: Can someone call the police? She just stole something from my house.

UNIDENTIFIED FEMALE: I didn`t do anything.

ANDERSON: Yes, you did.

UNIDENTIFIED FEMALE: No I didn`t.

ANDERSON: I (INAUDIBLE) saw you. You know we got security cameras on this house, don`t you?

UNIDENTIFIED FEMALE: I was checking your address.

ANDERSON: You`re not fucking getting away with this.

(END VIDEO CLIP)

BANFIELD: I love the F bombs just for good measure. She is badass, isn`t she? Eight minutes later this was the scene. That woman was in handcuffs

thanks to that extraordinary babysitter who called her out.

ANDERSON: I actually saw her, like, bending over and picking it up. And they have a lot of packages and I knew I was like, oh my gosh, she`s --

that`s not -- she`s taking that. And so I just took off after her.

I continued to run like, hey, you`re not nice person, like, I see you, you`re stealing from me. And when she was on the ground, I kind of kept

her there. That`s when she literally was like I was just checking your address.

And I was like, no, girl, like I have cameras. If somebody`s doing something wrong, I`m not afraid to kind of put them in check.

(END VIDEO CLIP)

BANFIELD: Ha, ha. That`s my new hero, Kate Anderson, the nanny. That`s the way they should all be. I want to bring in freelance reporter, Dillion

Honcoop who joins me from Bellingham, Washington.

So Dillion, she`s like a national hero. She`s been all over the network morning shows, et cetera. Has Kate Anderson`s life completely changed?

HONCOOP (via-telephone): Absolutely. In fact, even they started a gofundme campaign to try to reward her for her heroism. Nine hundred

dollars raised so far but a lot of people --

BANFIELD: Wow.

HONCOOP (via-telephone): -- calling her now the Rambo nanny. It`s a nickname that she`s gotten for her actions there in that video. Also the

credit she gives to the ring camera, one of these ring cameras that the homeowner`s husband apparently installed at that home just weeks before

this whole thing happened. They never thought that they would catch something like this on tape. And, again, just weeks later this goes down

right in front of their home.

BANFIELD: Man, she is tough. I mean, that she was having absolutely none of it. I`m -- look, if she can handle a one-year-old, though, I`ll tell

you, that`s the hardest port part of the job right there. The crime fighting, man, that`s easy.

Hold on for a second, Dillion because the Washington family was not the only household with a security camera ready to catch these criminals, if

not in person, right there on camera.

The criminals whose videos have now gone viral and even have nicknames, in fact. There`s one video that has a nickname, the California buttcrack

bandit. That`s the California buttcrack bandit and that`s why. Unfortunately, we had to blur out the critical reason as to why he got that

nickname.

But we also have a looter who learned a lesson when he tried to grab a package and was a little surprised to find out what was inside because it

was apparently filled with poop. So enjoy your package there, thief. You got a bunch of poop.

The job is a heck of a lot messy, though, for the luxury thief like this lady in the pink sneakers who apparently pulled up to the porch in a

Jaguar.

[19:45:04] Yes, a Jaguar, and she`s out looting. People`s loot. Go figure that one.

The consequences of the job can be very severe, though, like they were for this woman in Iowa who`s charged with misdemeanor theft after she ended up

actually returning the items that she allegedly stole.

I`m sorry, but that`s really dumb. You steal the package and then you go to the store and you have the audacity to return it? Come on. Haven`t

heard of re-gifting?

Bill Stanton is a safety and security expert. He joins me now live. We actually have some power over these people, don`t we? I mean we can do

things to protect ourselves --

STANTON: Absolutely.

BANFIELD: -- from these horrible holiday monsters.

STANTON: But first, let me say, the emotional side is right with you, I was cheering along with you, you know, with the popcorn, yes, go get them.

But now the security part of me has to say --

BANFIELD: Stay away.

STANTON: -- that one-year-old was left in the house. And if that was -- if it went violent or that car came back, it could have been a whole

different story. So while it`s great intellectually speaking, do the cost benefit, do not engage.

BANFIELD: Or maybe Kate could have gotten shot.

STANTON: I didn`t even want to go there.

BANFIELD: Yes.

STANTON: You know what, we all have cell phones today. Take a picture and let them go. That`s the security aspect of it.

BANFIELD: OK.

STANTON: But yes, there are things we could do.

BANFIELD: I want to go over a couple tips because when I first saw this story, I thought, I don`t want to be -- and Joey, I want you to weigh in

because I know you bought me a lot of really expensive things --

JACKSON: Always.

BANFIELD: -- for Christmas.

JACKSON: Well deserved.

BANFIELD: And my 50th birthday, that`s coming up too, right?

JACKSON: Coming up.

BANFIELD: From Amazon.

JACKSON: About 10 years.

BANFIELD: Adorbs (ph). OK, so --

STANTON: You do like T.V.

BANFIELD: Number one, request a specific delivery time and date. That`s important. Number two, require a signature at the time of delivery.

That`s not always possible.

Deliver to a person or a neighbor who will be home. Request to hold the package at a pickup facility. Provide delivery instructions to leave

packages at a safe location or out of plain sight at home. Meaning get a big plant and put it behind the plant and you can give those instructions.

Have some visible surveillance cameras and a sign saying as much. That`s good. And open up a P.O. Box so that you -- sometimes delivery services

won`t deliver to a P.O. Box. But I want you to walk me through these other four here, these four cool things I`ve never heard of.

STANTON: This is about being prepared, not scared.

BANFIELD: OK.

STANTON: A little common sense goes away. So an Amazon locker is where they`ll secure your package in case you don`t want it put directly in front

of your door. You know, and a lockbox is something very similar. You know, now there are homes, there are lockers, you know, think about when

you --

BANFIELD: And just when you buy it yourself.

STANTON: Right. You hit a code and you put it in.

BANFIELD: What`s a package guard?

STANTON: A package guard is a place where it is secured and it`s tracked. So when that guard -- that package is then guarded from theft and if it is

taken, you know where it`s taken and who signed for it.

BANFIELD: And the doorman app, what`s that?

STANTON: Yes. Doorman app is like a virtual concierge where you have -- it`s a camera, you don`t necessarily can afford a doorman building where

you ring the bell and they buzz the door in, you put the package in and then it`s locked.

BANFIELD: OK. So Google those things, Amazon locker, lockbox, package guard or Doorman app. And just really quickly, the reality is, do they

really get prosecuted?

JACKSON: You know, the answer is it depends. Because nowadays you want to deter more people from doing things like this and so people are more apt

and prosecutors are more apt to, you know, do the right thing and prosecute these people. But they should be prosecuted because they`re taking away so

much joy from others.

BANFIELD: I agree, including my birthday present, which I know you`re planning as we speak. Bill, thank you.

STANTON: I got to go shopping.

BANFIELD: You`re not going anywhere.

JACKSON: I`m not.

BANFIELD: We do have another story we want to tell you about. A 7-year- old, a 7-year-old making an awful discovery in her basement, a bloody scene and a dead body. That body turned out to be her own mother. What she told

the authorities, a.k.a., "I don`t want to be next."

(COMMERCIAL BREAK)

[19:53:08] BANFIELD: I didn`t want to be next. That`s reportedly what a 7-year-old child told the police after she went to school and told her

teacher that she saw a dead body in her basement. That teacher called the police who asked the girl why she didn`t tell her father about the dead

body. The girl said she didn`t want to be next because the body was her mom`s.

Her dad has the now been charged with murder. He first told the police when he got there, he the didn`t know where his wife was. Police say they

noticed drops of blood all throughout that house and that when they went down to the basement, they found that body covered in plastic and carpet.

But thankfully, that daughter told the teacher when she got to school or tonight we may not even know that that mother was even missing.

Defense attorney and CNN Legal Analyst Joey Jackson still with me. Seven years old and now --

JACKSON: Yes.

BANFIELD: -- a witness. A key witness with a mother and a father both players. One dead, one potentially gone for life. How much can a 7-year-

old be a viable witness in a murder case?

JACKSON: You know, quite a bit. So what happens is, is that there`s a competency hearing. And what you do is because only competent testimony can

be can admitted. In English, that means that you have to know right from wrong, you have to know the truth from a lie, and you have to be able to be

descriptive in terms of, you know, what you`re telling the jury the actual facts.

BANFIELD: Did they even need her honestly as a witness? Do they need her?

JACKSON: I think it makes the prosecution`s case, Ashleigh, more compelling. And so a judge will take them back, and usually I`m looking at

the statute now, a child under 10, they don`t like to testify because of that competency issue, but that can be overridden based on the compelling

nature of what they saw. And if the judge believes of what they have to add is credible.

BANFIELD: Well this is up story then. We got some new rankings out. What`s the safest city in America? We`ll leave you to the commercial break

to think about it and give it to you when we come back.

JACKSON: I can`t wait.

(COMMERCIAL BREAK)

END