Return to Transcripts main page

Crime and Justice With Ashleigh Banfield

Thirteen Children Deprived of Family Member Visits; Olympics Doctor Faces Jail Time; Love and Death from Social Media. Aired 6-6:30p ET

Aired January 17, 2018 - 18:00   ET

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


(COMMERCIAL BREAK)

[18:00:00] ASHLEIGH BANFIELD, HOST, HLN: Good evening, everyone. I`m Ashleigh Banfield. It is 6 o`clock Eastern and these are your headlines.

The 13 siblings held captive in a California home are rescued and recovering tonight, but there is an aunt who is speaking out appearing on

Good Morning America today, saying their parents kept her from seeing them.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I want to reach out to the kids and I want them to know that for years we begged to Skype them. We begged to see them. The

whole family.

(END VIDEO CLIP)

BANFIELD: That are aunt also said the kid`s father watched her while she was in the shower. He is now behind bars right alongside his wife who

happens to be that aunt`s sister. They are facing torture and child endangerment charges.

Meantime. a manhunt is continuing in California. Police looking for the ex- boyfriend of a young mother who just started seeing somebody else. Then she was found dead in her car over the weekend.

Twenty-two-year-old Salvador Garcia has now been charged with domestic violence that took off after her body was found. He was last seen yesterday

just nine miles away from their town.

Over a week after a UPENN student was found dead in a Southern California Park, his high school classmate has now been charged with his murder.

Nineteen-year-old Samuel Woodward says he went to the park with the victim and says he lost track of him. DNA evidence on the other hand, ties him to

the scene and now he is facing additional sentencing time for personal use of a knife if in fact there is a conviction.

Nine young men have been arrested for the hazing that caused the death of an FSU student this fall. All nine defendants between the ages of 20 and 21

they were all affiliated with the Pi Kappa fraternity, the same fraternity that Andrew Coffey was pledging.

And a heart stopping boating accident on the Columbia River in Oregon that you just simply have to see to believe.

That is what you call an extremely close call. Police say 74-year-old Marlon Larsen was piloting that big, giant boat heading for them. A 31-foot

Bayliner Trophy. Unfortunately, it slammed right into that small aluminum fishing boat. Fortunately those three people you see on board they were

able to get out of the way in time even though it doesn`t look like they did or barely did.

Not to say they weren`t injured though. Now Larsen is facing a lawsuit for boating while distracted. They say allegedly he was on his cell phone when

this crash happened. But I think there is still a lot more questions than answers at this early stage of things.

I want to bring in, if I can, Joey Jackson on this. Because this is the kind of story where the video tells the tale. Videos can be deceiving

sometimes, but where am I wrong in suggesting that this one is crystal clear.

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: I don`t think you would be wrong at all. And you know, this speaks to the dangers of always being in

control, number one, and being cognizant and aware of what you are doing, number two. And so everybody who pilots a boat, a plane, a car, I mean, you

have to know what you are doing. And this could have consequences that were drastic and severe. As you look at it it`s really compelling.

BANFIELD: Most boaters, by the way, and I am one, I`m boating since I could walk. Don`t have video surveillance attached the boat.

JACKSON: Yes.

BANFIELD: That said, a lot of fishermen, a lot of anglers like that video when you catch, you know, the big trophy. They were not expecting this

trophy. That`s the name of that 31-foot fiberglass behemoth coming.

Every time I look at it I simply can`t believe with all that lake out there, this was the path this guy was on.

JACKSON: It`s amazing, Ashleigh, you know, if you think about what could have happened and what video we could be watching versus the one we are,

that`s even more compelling. And I`m sure, you know, in your boating I hope and I know that you`ve been much more safe than that. And even if you have

video surveillance or anything else, that`s never an excuse for observing visually what`s before you.

BANFIELD: So, legally speaking, I learned something I wasn`t aware of and I think it`s very telling, but I`m not sure if it`s going to factor in here.

It is, look, we know you can`t be on your cell phone while you`re driving a car.

JACKSON: Yes.

[18:04:57] BANFIELD: That is not the case necessarily in every case with regard to a boat. But you can`t be distracted. And that`s a pretty nebulous

term if you are talking about having a very large highway...

JACKSON: Yes.

BANFIELD: ... if you are on your phone. How can you say that`s distraction when you have so many lanes?

JACKSON: Well, it`s always what`s called a jury question, right. And that means if it gets before members of the jury, is it a matter of common

sense, Ashleigh. And if you look at the video, what other basis would there be for a boat going in that direction and people are waving no, you are

coming here.

BANFIELD: Yes.

JACKSON: Other than you`re distracted or something worse than that.

BANFIELD: Quick question for you.

JACKSON: Sure.

BANFIELD: The actual charges that this man is facing and again, 74-year-old Marlon Larsen.

JACKSON: Yes.

BANFIELD: He is the one who is going to face the music in this in a courtroom.

JACKSON: Yes.

BANFIELD: But he`s not going to face it once, he`s going to face it twice. Criminally he is charged with three counts because there is three

passengers in this aluminum fishing boat.

JACKSON: Yes. Yes.

BANFIELD: Three counts of assault, three counts of recklessly endangering others and in one count of boat reckless operations. That`s the criminal

case.

JACKSON: Sure.

BANFIELD: But then there`s the civil case because one of the passengers here was injured. His right knee, his right chin, his head, his ankle, he`s

been wearing brace.

(CROSSTALK)

JACKSON: Luckily that`s all, right?

BANFIELD: Luckily it`s not a wrongful death.

JACKSON: That`s right. Exactly right. And so what happens in civil suits that deal with money unlike criminality, what you have to show is

negligence. Did you have a duty to keep everyone safe. Did the lack of you observing that duty cause an injury? And in the event that that`s the case

of that, guess what, there is liability.

And so, clearly on the civil side there is a liability. The question becomes, what was the intent? And quickly, Ashleigh, when you look at a

criminal case, it`s not only did you intend to do something, it`s by your conduct, did you recklessly, di you consciously disregard a risk. And when

you`re distracted and something like this happens, the answer is yes.

BANFIELD: And by the way, ask anybody who`s ever faced the music on DUI, they never intended anything to go wrong. It doesn`t matter.

JACKSON: It doesn`t matter and the consequences could be severe and you nailed it when you said we`re talking about injuries and not wrongful

death.

BANFIELD: Not wrongful death.

JACKSON: Big deal.

BANFIELD: All right. I`ve got a couple of other things I need you to weigh in on. Because right now in a Michigan courtroom, I don`t know any other

way to say it. A monster is facing his own fate. The kind of monster the Me Too movement would crucify.

Not a handsome celebrity who turned out to be a sloppy disgusting date, not even a Kevin Spacey with actual allegations of assault, but the worst kind

of sexual predator, one that goes after kids and lots and lots of kids.

But this week he is being forced to listen to almost all of them. An esteemed doctor for nearly two decades, but now this man is considered the

guy responsible not for the health of the young Olympic gymnastics, instead, Larry Nasser is accused of sexually abusing over a 100 athletes,

molesting them when he was supposed to be treating them.

And often for years and years on end. His sentencing will likely last four full days, thanks to the judge allowing the victims to speak directly to

Nasser in court. All 101 of the victims or their families or their coaches.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I was approximately 6 years old that Larry Nasser began to sexually abuse me. I spent the years between 12 and 18 avoiding

and detaching from my family. Larry Nasser wedged himself between myself and my family and used his leverage as my parent`s trusted friend to pry us

apart.

UNIDENTIFIED FEMALE: He sexually abused her and had the audacity to do that while I was sitting right there in the room. And her path of direction was

that she was doing horrible in school and in 2009, she took her own life because she couldn`t deal with the pain anymore.

It will be 10 years in March that I lost my baby. She was 23 years old. She would have been 33 now. And every day I miss her. Every day. And it all

started with him.

UNIDENTIFIED FEMALE: You broke and shattered a lot of girls. You manipulated us to trust you because you are a doctor and doctors do no

wrong. Only heal. You are not a healer. You performed acts of deparagraphity just like my English teacher described. You are also the one

that must face what you have done for the rest of your life. I am no longer broken by you.

UNIDENTIFIED FEMALE: He betrayed my trust, took advantage of my youth and sexually abused me hundreds of times. Today, I am more guarded than I was a

year ago, but I am also wiser and more aware.

UNIDENTIFIED FEMALE: Today I am a mother, a wife, a daughter and friend that is struggling each day to find peace and joy in all the things that

once made me happy.

[18:10:00] Conversations are overtaken by Larry Nasser and the obviously pain in my voice is hard to avoid. Those that truly know me now, I will

never be the same.

UNIDENTIFIED FEMALE: Seeing now that it brought back all the pain that something that he did to me and I will always try to be strong for my

children, but I can`t be the strong person anymore. I often think about suicide so I can turn off the thoughts of him and get rid of the

nightmares, but I know that`s not possible.

(END VIDEO CLIP)

BANFIELD: Larry Nasser pled guilty back in November to seven counts of criminal sexual conduct. Seven. I am going to get to that in a minute. But

he also had his moment to speak in court.

(BEGIN VIDEO CLIP)

LARRY NASSER, OLYMPIC DOCTOR CHARGES WITH SEXUAL ASSAULTS: For all those involved, and that I am so horribly sorry that this was like a mass that

turn into a force fire out of control. And I pray the rosary every day for forgiveness for there. I want them to heal. I want this community to heal.

I have no animosity towards anyone. I just want healing. It`s time.

(END VIDEO CLIP)

BANFIELD: So that`s what he said. And the she said amount to a lot more in this particular trial. I want to bring in Christine Brennan, CNN sports

analyst, she joins me from Washington. Christine is also a sports columnist for USA Today and has her finger on the pulse of not just the criminal

aspects of this case, but where it falls into the bigger conversation about victimization.

So, we`re going to talk the sports story, Christine, and we`re going to talk the Nasser story. But this comes at the same time that there is a big

story bubbling across the media and on the internet about the Me Too movement and about some people who may have in some estimation, mine

included, pushed it too far.

The accuser of Aziz Ansari. And in that vain when I watch these, true victims by definition, give their victim`s impact statements, I realize

where our focus should be when it comes to victims of sex assault. And I want to get your feeling in terms of the sports world. This can`t be lost

on the sports world.

CHRISTINE BRENNAN, SPORTS ANALYST, CNN: Not at all, Ashleigh. I mean, this is as horrifying a moment as the sports world has given us in a long time.

And it is as horrifying a black mark on the U.S. Olympic effort, especially USA Gymnastics, of course the most popular of the summer Olympics sports.

All these women winning gold medals now speaking out. Simone Biles the latest just this week telling their horror story about Dr. Nasser. It is

just unbelievable and you`re right, we should focus on this. And frankly, even though the story was broken by the USA Today network and the

Indianapolis start back right at the Rio Olympics. So, August of 2016.

It didn`t get anywhere the attention it should have until some of the bigger names came out. And this is the kind of thing you wonder how deep is

this story. Are there other sports? The answer has to be yes. Swimming has had problems over the years.

What are we doing in the name of our Olympic effort with these young people, especially girls who trust their coaches who parents who take them

along as part of the pipeline. You don`t want to speak out, you`ve mortgaged the house a second time, you`ve done everything for this kid`s

Olympic dream and now this child is having this happen and who do you tell?

This is absolutely horrific and one hopes it never ever, ever happens again.

BANFIELD: So dovetailing on that point exactly, Nasser is going to see another courtroom, too. And it will be a civil courtroom because 107

college athletes and Olympians are suing him. And they are also alongside him suing the U.S. Olympic committee, Michigan State University, and USA

Gymnastics.

So, in that vain, it`s just a whole heap of awful that`s being leveled on to Nasser. And even though it`s seven counts, he could face a lifetime in

prison.

Let me get to the athletes though, and particularly the Olympians. Because this story seems to resonate because of all the beautiful young Olympians

who appear to be so much younger than they really are.

Many of the times we have seen them, you know, on the floor routines. They look like they are 12 years old. Many of them are. I mean, they seem to be

just so tiny and vulnerable. Their parents were reportedly in some of those examination rooms when this stuff was happening.

So when you say they gave their trust to the doctor, the parents gave their trust. The coaches gave their trust. How did this go on? How did it happen.

Like, help me figure out the logistics of this happening.

BRENNAN: Well, it`s one of the things where who do you trust and who could speak out. And let`s picture for a second the 12-year-old girl, 13, 14,

whatever, on her way hopefully to the Olympic Games. This is that one shot. The family may have moved. They have gone to the training center coaches

and it`s not by the way just gymnastics.

[18:15:01] Figure skating and tennis and these young girls` sports, Ashleigh, where by the time you`re 18 or 20, you tend to be retired.

Certainly with figure skating and gymnastics being those.

Anyway, you throw everything into this and how do you speak out against these people in power who control your fate? That`s the issue. And that`s

why the U.S. Olympic Committee finally belatedly has started something called safe sport. It is way too late in the game, they should have been

addressed earlier.

But there is this apparatus now, this clearing house where people can supposedly make anonymous calls and start to tell the stories that should

have been told many, many years ago. So, anyway, let`s hope they do that and follow the lead of Simone Biles and some of the others who have spoken

out. But again, it`s been way too late in the game.

BANFIELD: So, I`m sorry to interrupt you. But I`m just learning right now that we got someone on the phone who wants to weigh in on this

conversation. This is one of the victims of Larry Nasser. I only know your first name Morgan and I don`t know much else. Morgan, can you hear me?

UNIDENTIFIED FEMALE: Yes, I can.

BANFIELD: So Morgan, maybe you can help me understand a little bit about your story. Are you involved in this case? Are you one of the people who is

going to speak to him and address him in court? Have you already done so?

UNIDENTIFIED FEMALE: Unfortunately yes, I am personally involved in this case. I will be addressing Nasser tomorrow in court.

BANFIELD: What do you want to say to him?

UNIDENTIFIED FEMALE: I think that I am going to take the time to ask him to really reflect on what he did. I want to share my story. I want him to hear

every little detail of what he did to me and how it made me feel.

Most of all I want to address all the other victims that came forward and let them know that they`re not alone. That, you know, this is not their

fault. This is on the adult who allowed this to happen time and time again.

BANFIELD: Morgan, there is a greater movement afoot right now alongside of this very cathartic thing that`s happening to the victims of Larry Nasser

and the justice that these victims are getting after so long.

There is a parallel movement about other people not in gymnastics or sport, but in Hollywood, in the workplace. Many people who have been sexually

abused or assaulted or harassed. It`s very, very different.

I want to know your perspective, someone who has clearly suffered a criminal act by Larry Nasser. I would like you to weigh in on this moment

in time that we are all facing. Men and women, young and old. I`d like your perspective.

UNIDENTIFIED FEMALE: I think that what`s happening right now is long overdue. It`s really important alongside the Me Too movement. We have a Ne

Tee MSU movement, we have the Time`s Up movement. I mean, this is the pinnacle of victim advocacy and finally giving victims their voice. I think

that it sends a great message not only to other victims that were here, we hear you, but also to predators that they cannot hide in the shadows

anymore.

BANFIELD: Stand by, if you will, Morgan. I am so appreciative of your articulation on this extraordinarily difficult subject. It is not lost on

our viewers either how difficult this is for you and how brave it is for you not only to speak to me on television, but also to go into that

courtroom and face your assailant. That criminal.

So, I thank you for everything you are doing in the name of all of us.

I do want to bring in Nancy Hogshead-Makar right now. She is a civil rights attorney and the founder of Champion of Women. She is also an expert

witness for these women in Dr. Nasser`s case. She joins me from Jacksonville, Florida.

Nancy, thank you so much. There is something I think is the elephant in this legal courtroom. And that is 101 victims impact statements are being

read in this case.

NANCY HOGSHEAD-MAKAR, CEO AND FOUNDER, CHAMPION WOMEN: Yes, right.

BANFIELD: It is an extraordinary number especially when you see that he has pled guilty to just seven counts.

HOGSHEAD-MAKAR: Right.

BANFIELD: Seven victims.

HOGSHEAD-MAKAR: Right.

BANFIELD: So many of those victims, the vast majority of the victims actually don`t have adjudication. They don`t have a conviction in their

case. That can`t be lost on you as an attorney and as someone who is actually speaking on their behalf.

HOGSHEAD-MAKAR: Yes. I think what`s unusual about this case is to hear four days` worth of victims coming forward and saying what the impact of this

has been on their families, on their friends, on their lives. To have, you know, parents of children who have committed suicide because of this.

So, I say that in order for somebody who suffered sexual assault to be able to heal, they need two things. One is to be believed that it happened. And

that has been a hard road just to get that. But the second thing they need is to be believed on what the emotional impact is.

[18:19:57] And these women are giving the country a front row seat on what the impact on sexual violence is. And hopefully, if people recognize how

what -- how it really changes the trajectory of somebody`s life.

BANFIELD: Yes.

HOGSHEAD-MAKAR: Then you are more likely to get -- look, you are always going to have freakish like Larry Nasser, but how do you get the United

States Gymnastics, how do you get the Olympic committee, how do you get other people and other entities involved?

BANFIELD: Well, these voices are loud.

HOGSHEAD-MAKAR: Yes.

BANFIELD: And they are resounding, and luckily, they are not the only voices out there. They are powerful and they`ve got that microphone right

now, and all of a sudden a lot of people are getting that microphone right throughout society.

So, listen, my thanks to you, Nancy, for being here tonight and also for the work you are doing. Christine Brennan, my thanks to you, as well. And

again, to Morgan. Thank you from the bottom of our hearts.

A 27-year-old Minnesota woman vanishes without a trace five days after her disappearance when police find the boyfriend, this is how he looked.

Mystery burns all over his face. How did he get those and what happened to Cristina Prodan? And did Joseph`s burns have anything to do with it?

[18:25:00] (COMMERCIAL BREAK)

BANFIELD: She is not the only one who found love on Facebook, but the mother of Cristina Prodan says the Arkansas beau that she did meet on

Facebook came all the way from Minnesota just to be with her. But with Joseph Porter`s arrival came a whole bunch of ugly.

Seven domestic disturbances. And the on again off again relationship seemed to wreak of absolute danger.

(BEGIN VIDEO CLIP)

LIVIA PRODAN, CRISTINA PRODAN`S MOTHER: They say I love you, they are lying. It`s not really. It`s not love from the heart. Just from the lip,

from the mouth.

(END VIDEO CLIP)

BANFIELD: Well, now Cristina is missing. And not just a little missing. Eleven days missing. And that boyfriend is 800 miles away. He was arrested

looking like this. Burn marks all over his face.

And with him was another man who in a bizarre turn of events turned out to be married to this man. So Joseph was put behind bars down in Jacksonville,

Florida, but for a very unique charge. Stealing Cristina`s things like her car and other personal items, which police say it happens to be evidence

related to her disappearance and police say possibly even her death.

(BEGIN VIDEO CLIP)

PRODAN: I know something is wrong because she didn`t answer the phone and no message, no nothing. He took the life of my daughter. So young.

(END VIDEO CLIP)

BANFIELD: I want to bring Andrew Lee, he is the co-host of Justice and Drew on KTLK A.M. 1130, and he joins me live from Minneapolis. So, Andrew, the

big question here, is if they caught this man, Joseph Porter, and he`s got burns all over his face and he happens to just have a big cache of stuff

including Cristina`s jewelry box and Cristina`s silver diamond stoned bracelets and Cristina`s necklaces and Cristina`s Samsung phone and

Cristina`s clothing. It`s a long list. Why is he only charged with stealing all of these things, but he is not charged with killing her?

ANDREW LEE, CO-HOST, JUSTICE AND DREW, KTLK AM 1130: I have to imagine it`s only because they haven`t identified a body yet. And they are still

gathering evidence. Everything that we`ve learned, everything that we found, everything we found certainly points to him murdering her.

In fact, when the Daina police here in Minnesota spoke to Joseph Porter`s mother, he told her that he was going to kidnap or he was going to drain

her bank account, empty her safe deposit box and take her somewhere where no one could find her again. So I have to assume it`s only just a matter of

gathering evidence and making sure that they have a body and it`s something to firmly charge him with.

BANFIELD: Well, the weird thing is and the sad thing is that he pleaded guilty back in December to violating a restraining order against Cristina

and for whatever reason and only the victims of domestic violence know those reasons, she welcomed him back in her life anyway.

And it was only a few days later she went missing. And now we are assuming she is likely the burned body that was found in a Conex container on

January 6th right near where that stolen car was found. Her stolen car that Porter happened to be driving. Joseph Porter, the guy with the burns on his

face.

And to add to this story, you look at those burns and you`re as curious as I am as to how he might have gotten those burps, the arrest affidavit might

actually help us plod through what happened.

According to his husband, because he was caught with a husband after he left his girlfriend, the husband told the officers that Porter said

Cristina was certainly not alive when he left Minnesota.

[18:30:03] He also described the killing. Dousing with gasoline, apparently two gallons of gasoline. Putting her in the container, dousing her with the

gasoline, setting her on fire. Porter`s husband tells the police apparently that`s how he got those burns on his face.

I want to bring in Bobby Chacon, if I can, really quickly on this one. Retired FBI special agent. You are the perfect person to ask, Bobby. His

face is burned. This husband said he burned his girlfriend in a container and yet he is still only charged with theft for the things they caught him

with. Her things.

BOBBY CHACON, RETIRED FBI SPECIAL AGENT: Right.

BANFIELD: Is it just a matter of hours until that theft charge is a murder charge?

CHACON: Well, hours or, you know, certainly days. I think that they have forensics that they have to go through at the crime scene down at the

container. They already asked her mother for her dental records or her dental insurance so they can obtain the dental records.

So I think they are in the process of matching her dental records or obtaining her dental records so they can match it to the burned body,

whenever you have a burned body, forensics takes a little more time. So I think it`s just a matter of time. I am not sure if,hours or days.

But until they connect, once they identify that as her body and can confirm that, I don`t know if there is spousal privilege in this case or not, but

the prosecutors have to judge whether or not the statements from the husband are going to be able to be used in this case. And then once they do

that, you know, I anticipate a charge certainly within days if not sooner.

BANFIELD: Well, you know, let`s be clear here. As (INAUDIBLE) as it is, Joseph Porter hasn`t even been named as a suspect in the death of his

girlfriend at the time, Cristina Prodan, even though he was found with all her things and her body was burned, according to his own husband, and

according to that husband and the affidavit, he said he did it and he burned his face while burning her body. He is still not even being named a

suspect in her death but again, I think we should wait on this one.

Real quickly, Joey Jackson, defense attorney, HLN and CNN legal analyst. There are a lot of Jacksonville out there. It turns out this is

Jacksonville, Arkansas and not Jacksonville, Florida. That doesn`t make a hoot of difference in terms of what he is facing.

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY, CNN AND HLN LEGAL ANALYST: No.

BANFIELD: No. Those are both states that I believe had a death penalty, Arkansas and Florida, I know for sure.

JACKSON: Yes.

BANFIELD: This looks to me that if he is going to face a murder, this could very well be death penalty eligible.

JACKSON: Yes, it could depending upon and you know that there are issues with the death penalty and its application, but we certainly know that it

will be a prosecution where if he doesn`t get the death penalty, if convicted, he could be in jail for a long time.

Just briefly on the issue of spousal privilege, Bobby Chacon mentioned a very good point, this privilege allows for you not to testify in court as

to statements that you make to officers voluntarily. Guess what? That comes in, in a courtroom.

It appears as though there is direct evidence and there is circumstantial evidence. Clearly there is a lot of circumstantial evidence here, right?

That means where we don`t really have him hovering over her. We don`t really know if he`s the who did it, but it certainly points to him. Talk

about burning. He has a burned face. Look at the domestic violence history, you know --

BANFIELD: He has all her stuff.

JACKSON: You read off, Ashleigh, the laundry list. He made statements as to what he would do to her. And so it looks like in terms of this

circumstantial evidence, it`s quite compelling.

BANFIELD: He had a stolen car. I`m actually looking at the list. I`m not exactly sure that it`s her car, because it`s not on the list of stolen

items, but the stolen car he was actually driving was right near the burned location.

Talk about circumstantial evidence and great delineation on the spousal privilege. That`s a tricky one and it is good to know what that means. Stay

tuned to this one, guys. My thinking is that there will probably be an update shortly.

A beautiful 17-year-old girl in a place she shouldn`t be, dead in a neighborhood storage unit. Well, that sounds suspicious, doesn`t it? Really

suspicious. But investigators are saying, don`t hold your breath on this one. They think it`s suicide.

In fact, they are ruling it suicide, even though the gunshot wound was to her stomach and she was still alive when they found her and she was still

talking. I`m going to sort this mystery out in a moment.

[18:35:00] (COMMERCIAL BREAK)

BANFIELD: Hannah Green was a star softball player, a second baseman, in fact. Her teammates said they just can`t do without her, but they are going

to have to, because this beautiful young woman named Hannah Green died of a gunshot wound to the stomach.

Police are saying that they found the 17-year-old dying in a storage unit. She was still conscious. She was still able to speak. She was then taken to

the hospital and hours later she died.

The medical examiner has made the ruling. Hannah shot herself in the stomach. And even though suicide is unimaginable to the people who knew

Hannah best, that`s what they say.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: No matter who you are, you were around her, she was your best friend. We played softball with her since we were super young,

like --

UNIDENTIFIED FEMALE: Four, five.

UNIDENTIFIED FEMALE: Really young.

UNIDENTIFIED FEMALE: Yes, always.

[18:40:00] UNIDENTIFIED FEMALE: And I stopped thinking about it but when I think about it, I just can`t imagine being on a field without her.

UNIDENTIFIED FEMALE: She took a piece of my heart with her, like my heart will never be full again because she is she is gone. It`s just hard knowing

she is gone. It is hard knowing she is gone.

(END VIDEO CLIP)

BANFIELD: Suicide. Case closed. The enemy has said so. The "Crime and Justice" producer Justin Freiman has been working this story all day.

Justin, it doesn`t make sense. It just doesn`t make sense.

JUSTIN FREIMAN, PRODUCER, CRIME AND JUSTICE: That`s right. We got a high school senior, a star in the softball team, everybody says she was a happy

person. And she had plans to go to college. And then she turns up in this unit, in this storage basically with this gunshot wound that they say is

self-inflicted. But friends and family really question it. They didn`t see any sign of it. They want to know how she got a gun and how it happened.

BANFIELD: So let me bring in Joseph Scott Morgan, certified death investigator and professor of forensics, which is really helpful right at

this moment, from Jacksonville State University. You are live in Jacksonville, Alabama. Thanks for being here, Joe. Help me sort through

this.

This 17-year-old beauty headed off to college, is in a storage unit with a gunshot wound to the stomach, not to the head, is still alive and conscious

and talking when they find her and died. This is ruled a suicide. Her parents feel like they are in the dark on this. I`m not going to lie. I

feel like I am, too. How is this possible?

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Well, it`s certainly not completely atypical to have a self-inflicted gunshot wound to the abdomen.

If we are talking a self-inflicted gunshot wound to the back of the head, that would make me really raise my eyebrows.

But some of the parts that we need to understand here and begin from point A is, what type of weapon was this? This was very unclear. One of the

things we looked for in a death investigation is to see, is it possible that she could have manipulated the weapon to place it in her abdomen?

If it is a long weapon, say like a rifle or shotgun, that is going to make it a lot more difficult than say, a handgun. And keep in mind, in many

cases of suicide, people don`t want to shoot themselves in the head, particularly if they put a very high price in their personal beauty and

their appearance because these things are quite destructive.

BANFIELD: So this is a case that screams for forensics. I want to bring in Dr. Karen Ruskin, also Joey Jackson. Karen Ruskin is a psychotherapist.

Joey Jackson is a defense attorney. I am going to start with you.

As a defense attorney, I think you have been through a court case or two. Typically, you would know immediately, they would look at her hands.

Gunshot residue on the hands.

JACKSON: Yes.

BANFIELD: Stippling, trajectory, spatter. All of those things we learned in the O.J. case, right?

JACKSON: Yes, we did.

BANFIELD: But you would think that you would parents in without ruling and explain all that. And say, I know this doesn`t seem right to you.

JACKSON: Yes.

BANFIELD: But here is exactly what we have. This in this case doesn`t seem to be the story. They are confounded.

JACKSON: Yes. You know, I think it does matter. The bedside manner upon which you treat parents particularly who are going through this is very

important. Joseph Scott Morgan pointed to, JSM as I call him, the forensics of the matter, which are very significant, may not be atypical to get a

shot here, but other things matter, too.

You can cover up someone to make it look like a suicide. What I`m confounded about is the outside circumstances. Look at the circumstances.

Was there any basis or reason for which you would be dead? What does a social media blueprint say? What do exchanges with family and friends and

other people tell you about how she valued her life and the value added to others?

When you look at those circumstances, it all looks like it could be a cover up, and that`s where forensics are so significant to this case in terms of

whether somebody killed her and made it appear as though she took her own life.

BANFIELD: Dr. Ruskin, the idea that a young, beautiful woman like that -- I mean, she is 17, she`s teenager, would shoot herself in the stomach. It`s

hard for me to imagine that. But I think Joe Morgan did say it.

Maybe they don`t want to do something to end their life like that and leave that as the lasting memory and destroy their looks and their face and their

image. I`m still struggling through that because I think even a 17-year-old would know this is not going to be instant. Am I wrong?

KAREN RUSKIN, PSYCHOTHERAPIST: Our stomach is often where teenagers do hold their pain. If you talk to teenagers often, they say I have a stomach ache,

I can`t go to school. As we age, we talk about backaches and eye twitches, grinding our teeth, but the stomach is often where we hold pain.

So if does turn out to be a suicide, it does not surprise me that she would go internal to the stomach where you hold your pain. What is concerning and

sad for me is, bear in mind, denial is the first step that happens when it`s the grieving process for the family.

If there was anything that the experts could do to communicate and show proof to them so that way they can take one step forward towards the

grieving process and acceptance of what has happened so that they can go through a journey of healing, that would be helpful.

BANFIELD: The other issue here is that she was conscious and talking when they got to her.

RUSKIN: Exactly.

BANFIELD: In a storage unit.

[18:45:00] That is usually the murder scene or at least the aftermath seen of a murder. It`s not usually a suicide scene, a storage unit. But is there

anything in your expertise that might lead a young woman like this, a teenager like this to lie about her assailant even in the throws of death?

RUSKIN: Well, people do lie in order to get what it is that they want. We are all prone to cons in order to get what it is that we want. But quite

frankly, it sounds like, listen, who am I to say if it`s suicide or homicide.

BANFIELD: Right.

RUSKIN: But based upon what we heard that there was a note that she did say that she shot herself and the fact is note said that she was going to

basically show her boyfriend that he was going to be without her. It sounds like --

BANFIELD: Seventeen.

RUSKIN: Seventeen.

BANFIELD: It sounds like 17. It`s hard to stomach the idea. I beg your pardon. That`s a terrible use. It`s hard to process this.

RUSKIN: It is.

BANFIELD: It is hard to process that she would do that and that the enemy would get it wrong.

JACKSON: Has the note been authenticated? I mean, those are issues that`s really concerning.

BANFIELD: It screams for forensics.

JACKSON: Right.

BANFIELD: Guys, thank you so much. We have all heard of drunk driving. Have you heard of drunk surgery? That`s scary. That`s exactly what police say

could have happened on Monday when this doctor reportedly showed up with a loaded surgery schedule. When I say loaded, they say he was, too.

[18:50:00] (COMMERCIAL BREAK)

BANFIELD: We have heard dozens of horror stories about people showing up drunk for work like pilots being pulled out of the cockpit, bus drivers or

train conductors facing charges after deadly accidents. But a plastic surgeon? That`s exactly what Lexington, Kentucky police say Dr. Theodore

Gerstle did on Monday.

The officers responded to a 911 call after staff at Baptist Health Hospital say Dr. Gerstle was intoxicated when he showed up for work there. According

to the police, he left the hospital when he was called out on it by his colleagues.

He was arrested nearby a short time later. And now he has been charged with, ready? Alcohol intoxication in a public place. But Joey Jackson,

defense attorney, what?

JACKSON: There is a little disconnect.

BANFIELD: I think my friends in college were charged with that when we were (INAUDIBLE) in a bar.

JACKSON: Yes.

BANFIELD: But not -- I mean, this guy had a surgery schedule, that was a full compliment.

JACKSON: I think the charge would be reckless endangerment. The issue would be whether he got to that step of performing the operation. He said he

didn`t get into the room yet, thanks to the people on staff who knew he was intoxicated. So that presents an issue in terms of criminality. Did he take

a substantial enough step into the operating room for him to be charged criminally?

BANFIELD: OK. Look, facts matter.

JACKSON: Always.

BANFIELD: I think we are all learning that, aren`t we? Details matter. And sometimes fine details are the difference between life and death. It could

have been in this case.

JACKSON: That`s right.

BANFIELD: Pilots who have stepped on to an airplane but not into the cockpit have been charged with being in control of the plane.

JACKSON: It`s a great analogy.

BANFIELD: While crossing a threshold.

JACKSON: Yes.

BANFIELD: So if he crossed the threshold into his professional building, how is that not the same?

JACKSON: It`s a great analogy.

BANFIELD: Do you need to cross the threshold of the O.R.?

JACKSON: You do because you have to take a substantial step towards the commission of the crime. That is going to be the question. It`s true. The

question is, is it -- because he didn`t go into the operating room, was that a substantial step? He has a big issue.

The big issue is, should he be doing this to begin with and are other people going to be protected as a result of this? I think board is going to

really look long and hard about yanking his license so he doesn`t put other people in danger.

BANFIELD: Yes, state medical board, the American Medical Borard. Those are the agencies that might likely go way further than public intoxication in

terms of the way he is a risk to us and the public. Maybe the secret there is don`t get plastic surgery.

JACKSON: Maybe so.

BANFIELD: I`m kidding.

JACKSON: Certainly not by him.

BANFIELD: I`m not a hater. All right, thank you, Joey. This guy -- street name social security. Street name social security. Do you get any clues

here as to why? I`m going to tell you the story, next.

[18:55:00] (COMMERCIAL BREAK)

BANFIELD: One more thing for you tonight. Anybody will tell you that your social security number is pretty much the most important nine digits in

your life. So it should be protected, secured at all times, guard it with your life, and maybe just don`t go ahead and tattoo it on your forehead.

Forty-year-old Robert Charles Wooten did not get that memo because that is his social security number and he went ahead and tattooed it across his

forehead. And he went further and tattooed his area code right across his neck.

CNN affiliate KPRC reports that Wooten is a suspect in a number of armed robberies. And that his nickname, yes, he has got one, out there on the

street, is quite literally social security.

A jilted lover allegedly shoots her ex-in the face reportedly telling the police that it`s the nose job he always wanted. Not kidding. The next hour

of "Crime and Justice" starts right now.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE (voice over): She was already found guilty of killing her ex-boyfriend.

UNIDENTIFIED FEMALE (voice over): He beat me and carried me out of the house. He threw me across the room.

UNIDENTIFIED FEMALE (voice over): And shot him right in the face.

UNIDENTIFIED MALE: (INAUDIBLE).

UNIDENTIFIED FEMALE (voice over): But she got lucky and got a new trial.

[19:00:00] UNIDENTIFIED FEMALE (voice over): I don`t know if anyone will ever want to marry me. If they heard that I killed my boyfriend in self-

defense.

UNIDENTIFIED FEMALE (voice over): Now she is trying to keep her new jury from seeing the video that made this femme fatal so famous.

UNIDENTIFIED FEMALE: I gave him his nose job he wanted.

UNIDENTIFIED FEMALE: What are her odds of getting off this time?

A 17-year-old softball star --.

UNIDENTIFIED FEMALE: I just can`t imagine being on the field without her.

UNIDENTIFIED FEMALE: Shot in the stomach and found dying in a storage unit.

UNIDENTIFIED FEMALE: It`s hard knowing she`s gone.

UNIDENTIFIED FEMALE: What did she tell the police right before she died?

UNIDENTIFIED FEMALE: It doesn`t who you are. If you were around her, you were her best friend.

UNIDENTIFIED FEMALE: And was that fatal shot really self-inflicted?

A Minnesota woman.

UNIDENTIFIED FEMALE: She liked very much to help people.

UNIDENTIFIED FEMALE: Missing for 11 days.

UNIDENTIFIED FEMALE: Something is wrong because she didn`t answer the phone and message, no nothing.

UNIDENTIFIED FEMALE: Now, her boyfriend has been arrested for stealing her stuff with what looks like burn marks all over his face.

And a fisherman who had to jump ship just to save their lives are suing the man who nearly killed them. What they say he was doing as he drove into

their boat.

(END VIDEOTAPE)

ASHLEIGH BANFIELD, HLN ANCHOR: Good evening, everyone. I`m Ashleigh Banfield. And this is the second hour of "CRIME AND JUSTICE" and it is also

a second chance for a once convicted killer who is accused of giving her ex a bit of a face-lift.

Ryan Poston (ph) was a young attorney living it up in Cincinnati. He had a great job. He had great friends. He was the kind of guy who could pretty

much get any girl he wanted, but the girl who wanted him was then 21-year- old Shana Hubers, a recent college grad with the bachelors in psych who is just about to get her masters.

They saw each other on and off for a year and by al account they just about lived together in Ryan`s apartment which when we show you the pictures

looks lady like your typical young bachelor pad. Some are cluttered here and there, the living room anyway. You can even see a domino`s pizza bag on

the floor. But when you get to the dining room, the apartment stops looking normal. Because it`s actually a crime scene. The place where Ryan Poston

(ph) was killed. And I want to warn you, the pictures are graphic. Ryan was shot six times with his own hand gun and police say Shana was the murder.

Though she insisted that night she had to kill him.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Campbell County 911.

UNIDENTIFIED FEMALE: Ma`am, I have, I have a--I killed my boyfriend in self-defense.

UNIDENTIFIED FEMALE: OK, where are you at.

UNIDENTIFIED FEMALE: Ma`am, I killed him in self-defense.

UNIDENTIFIED FEMALE: OK. Hold on. What did you kill him with?

UNIDENTIFIED FEMALE: A gun. A loaded gun in the house.

UNIDENTIFIED FEMALE: Tell me where the gun is right now.

UNIDENTIFIED FEMALE: The gun is in the house.

UNIDENTIFIED FEMALE: Where are you?

UNIDENTIFIED FEMALE: I`m standing about 10 feet from his dead body.

UNIDENTIFIED FEMALE: OK. Are you sure he is dead?

UNIDENTIFIED FEMALE: He is dead, ma`am. He is completely dead.

UNIDENTIFIED FEMALE: OK. And how long ago did you shoot him?

UNIDENTIFIED FEMALE: I don`t know, 15 minutes, not even that long.

UNIDENTIFIED FEMALE: Ten or 15 minutes ago?

UNIDENTIFIED FEMALE: Yes.

(END VIDEOTAPE)

BANFIELD: Shana stays on the line while she waits for the police to arrive and while she has the ear of dispatch, she delivers her first line of

defense.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: I mean I`m not a murder, ma`am. I just killed him in self-defense.

UNIDENTIFIED FEMALE: What happened exactly? What happened?

UNIDENTIFIED FEMALE: He beat me and carried me out of the house. We got into a huge fight.

UNIDENTIFIED FEMALE: He did --.

UNIDENTIFIED FEMALE: He beat me and tried to carry me out of the house and I came back in to get my things and he was right in front of me and he

reached down and grabbed the gun and I grabbed it out of his hand and pulled the trigger.

UNIDENTIFIED FEMALE: OK. All right. Do you need an ambulance? Are you injured?

UNIDENTIFIED FEMALE: I`m not ma`am. I was thrown into the side of the couch.

UNIDENTIFIED FEMALE: So he slammed you into the couch, but you don`t have injuries?

UNIDENTIFIED FEMALE: I don`t have injuries. I was just really frightened. He is a lot bigger than me. He is 6`3, 200 pounds. I`m 5`8", 120. He picked

me up and carried me out of the house and I said let me get my things at least if we are going to break up and he wouldn`t let me get my things and

when I reached around to try to get my things, he -- I can hear myself echoing in the background, ma`am.

UNIDENTIFIED FEMALE: It is just a phone system. It`s just the phone system that has a delay.

UNIDENTIFIED FEMALE: And he, he pushed me down from the door and all the way to the couch. When they come here they will see how far that is. He

threw me across the room and, and I was very sore. I was laying on the floor.

UNIDENTIFIED FEMALE: OK. All right.

[19:05:02] UNIDENTIFIED FEMALE: And I killed him.

(END VIDEOTAPE)

BANFIELD: Shana says that she managed to subdue him, but that her job was not quite done.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Ma`am, I knew he was going to die anyway and he was making funny noises. I shot him a couple more times just to kill him

because I knew he would have been.

UNIDENTIFIED FEMALE: I`m sorry. You said you shot him a couple more times after that?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: How many times did you shoot him total?

UNIDENTIFIED FEMALE: I don`t know.

UNIDENTIFIED FEMALE: OK. Because he was twitching and you knew he was going to die and you shot him again?

UNIDENTIFIED FEMALE: I had to make sure he was dead because he was twitching so bad and I didn`t want to watch him lay there and twitch.

UNIDENTIFIED FEMALE: So you shot him instead of calling 911?

UNIDENTIFIED FEMALE: What? Yes, I did because I knew he was going to die anyway.

He was pretty bad. He was like he was twitching and pretty much dead and I shot him so he would stop twitching.

(END VIDEOTAPE)

BANFIELD: Shana was found guilty of murder, maybe not surprisingly three years ago. But that guilty verdict was thrown out when it was discovered

that one of the jurors who was involved in that conviction, turned out to be a convicted felon. So now Shana is headed back to trial again with a

whole new set of jurors. You might say she is one of the luckiest ladies in the criminal justice system or maybe not.

Sarah Brookbank is a reporter with the Cincinnati enquirer. She joins me live.

There is so much more to this story, Sarah, including the comments that she made to investigators, particularly about a nose job that she gave to her

boyfriend that he always dreamed of getting. Give that some context.

SARAH BROOKBANK, REPORTER, CINCINNATI ENQUIRER: Yes, so the night of the shooting, police took Shana Hubers in and right now they are trying to get

the videotape of that night while she was at the police station thrown out. The defense says she went and was interrogated. She told police a number of

things including that she gave Polson the nose job he always wanted while he was lying there. And she also went and said and changed her story a

couple of times with the self-defense claim. And then as you heard on the 911 called that she went and followed up that and shot him again.

So they are saying it`s something like two hours of video interrogations or questioning her just sitting there. And the police station talking to

herself and they want to not present that to a injury in the second trial.

BANFIELD: So since you mentioned it and gave it some context of we are seeing the actual room where the interrogation went on. This is her on a

break wondering around, stretching, getting a moment, you know, collecting her thoughts. And one of those thoughts that she handed over to the

investigators was that little ditty about giving the boyfriend a nose job that he had always wanted. Have a listen to how that went.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: One of the last conversation that we had that was good was that he wants (INAUDIBLE) he wants to get a nose job just like that

person. And I shot him right there. I gave him his nose job he wanted. He wanted (INAUDIBLE) I think that`s why I shot him in the head. I shot him

probably six times. One in the head. He fell on the ground. He was laying like this. His glasses were still on. He was twitching more and I shot him

a couple more times. I didn`t want to watch him die. It was already over and I called my mom and I said mom, mom, I killed Ryan.

(END VIDEO CLIP)

BANFIELD: So that kind of sounds like the other shots were to put a man out of his misery.

I want to bring in Joseph Scott Morgan, a certified death investigator and a presser of forensics at Jacksonville State University. He is live with me

from Jacksonville, Alabama. And also Joey Jackson is with me, defense attorney for CNN and HLN live with me here on the set.

First to you, Joey Jackson. That whole second part. You can laugh all you want about I gave him the nose job he always wanted. Who knows how somebody

grieves, right. They might make an inappropriate joke. We cantos that one out even though a rational person may not want to.

But when you say he was twitching and he was going to die anyway, and these are my words, I put him out of his misery. Isn`t that is definition of

murder?

JOEY JACKSON, HLN DEFENSE ATTORNEY: You know, it is. But what happens is remember that the attorneys are looking to have this excluded from the

courtroom. We don`t want the jurors to hear this. Because, you know, any tape that`s played, an attorney can explain, but they are having problems

explaining this.

And so the crux of the issue, Ashleigh, is to whether the judge throws it out, is that you voluntary blurted out? Was it a voluntary blurt or was it

a custodial interrogation. And then the attorneys are saying, well, she asked for her lawyer. So the issue then when she asked for the lawyer, you

can throw that part of it out. But anything preceding her asking for a lawyer comes in.

BANFIELD: So I want to play some of the -- what the prosecutor calls the Shana Hubers show. Believe it or not she was singing amazing Grace a little

like Jodi Arias. Remember that singing silent night?

JACKSON: Very well.

BANFIELD: Let me just play a little bit and I`m going to - just thought of that for a bit and we will talk over it in a minute.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`ll be right back.

UNIDENTIFIED FEMALE: Thank you.

(END VIDEO CLIP)

BANFIELD: So singing amazing Grace (INAUDIBLE) like me. But at the same time knowing full well there is another one of the deputies coming in to

give her some water.

The critical part of this and Sarah, maybe you can answer this, is that she want this stuff excluded. But correct me if I`m wrong, it was not excluded

from trial number one, was it?

BROOKBANK: You`re right. It was included in the first trial.

BANFIELD: So did she not mount this battle to exclude this damning videotape investigation from trial number one and did she not lose if she

did?

BROOKBANK: I was not involved in the first trial so I`m not completely sure. But this is not the only thing that her defense wants to exclude from

this second trial. They are also trying to exclude some information that she exchanged with her attorneys from the first trial and they are also

trying to get a change of venue. So her team right now is trying to change a lot of things with this trial that did not necessarily happen during the

first one.

JACKSON: Well, quickly back to you, Joey Jackson. If her first team and I shouldn`t speak out of turn because I wasn`t in that courtroom, if her

first team didn`t go out an exclusion, if in fact, she invoke the right to counsel in a mid-interrogation continued, that would be ineffective

assistance.

(CROSSTALK)

JACKSON: Very true. But here`s the other compelling issue. What happens is, is it becomes the law of the case. Meaning, in the event that it was

involved in the first one, it`s much harder to get it out because it is the law of the case. So there has to be some compelling reason as to why you

want it out now. But the fact is, is law of the case or not, in the event the police acted unlawfully in taking it and she looks like she was pretty,

you know, talkative in there, at least as I see it, then of course, you can`t allow something unlawful. It has to come in.

BANFIELD: So Joe Morgan, Joseph Scott Morgan, since you do this for a living, the certified death investigator, perhaps the forensics of this

case might help us muddle to whether her story to 911 was actually the way this shooting actually happened.

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Yes. I would say.

BANFIELD: Hold on. The detail of the case is that they were seated across the table from one another when she was shot in the face. How does that

square with the death story she told 911?

MORGAN: This poor fellow has got several gunshot wounds. I think it was a total of six including two head shots. And they are not in the same regions

of the body. He was in fact I would imagine writhing a bit. I find it curious how she presents herself as an angel of mercy in this. That he was

shot multiple times.

And (INAUDIBLE) and forensics, when we see something like this. We would refer to this probably as overkill in the case like that. That generally

implies a lot of passion and a lot of anger.

But Can I go to one more point, please, Ash?

BANFIELD: Yes.

MORGAN: The idea of this nose job comment is not near as compelling me as the 911 tape. Because if you listen to that, there is no hint here that she

was not lucid and aware of what was going on. She went into great detail. And in my experience, you know, many times when people have been involved

in something like this, they will automatically say come quick. I have shots one of them. Something horrible and the goes dead.

She went into just fine detail. I`m talking about sizes, weights, descriptions of the environment. And generally, that`s not something you

see with someone that is in kind of a shocky kind of context.

BANFIELD: No. You know what it reminds me? It reminds me of Jodi Arias who was always the smartest person in the room in her opinion. By the way, the

first thing out of her mouth after 911, what`s your emergency? I killed my boyfriend in self-defense.

JACKSON: Exactly.

BANFIELD: Not oh, dear God, you have to come quickly.

Real quickly, I want to bring in Sarah Brookbank on this other nugget because it is-- I think very telling in terms of motive. You don`t have to

prove motive in a murder case, but juries are starving for it, right? And there is this whole preamble to the killing. It was really ugly.

The night he was killed, she was supposed to be going out on a date with somebody else. That`s never good. And especially the somebody else he was

supposed to be going on a date with. It was Miss Ohio 2012 who here she I, you know, forced to come into court and testify. This is Audrey Bolty. She

had to come into the case as well. Not the place she wanted to be. She had nothing to do with this. This is not anything she would want to be

connected with. And there she is dragged into a murder case and likely will be again.

The cousin of the victim have this to say about the relationship that by all accounts seemed to be going off the rails. This is Carissa Carlisle

speaking about the relationship between Ryan Polston and Shana Hubers.

(BEGIN VIDEO CLIP)

[19:16:03] CARISSA CARLISLE, VICTIM`S COUSIN: She would not let the relationship end. He was trying to end the relationship many times and he

was a little too nice about it because he never wanted to hurt her feelings. He said this is going to get to be restraining order level crazy.

She sent me 75 texts in the last hour.

(END VIDEO CLIP)

BANFIELD: Sarah, was it a lot more evidence of a bad relationship and a relationship that perhaps Ryan was trying to end much to the dismay of

Shana Hubers?

BROOKBANK: Yes. Family and prosecutors both talk about how the relationship was on and off again. Often times she would spend a lot of time at the

house, but investigators have thousands and thousands of text messages and Facebook messages between the two of them where you can observe them

fighting or arguing about things here and there. But, you know, him and her I believe fought the night before she was supposed to come over to watch

the vice presidential debate, I believe. And they got into an argument the day of the shooting. She apologized profusely and said she was sorry and

that they need to talk.

BANFIELD: Hey, real quickly, Sara, did this play big in where you live your area? Like the jury pool where you live. Was this news huge?

BROOKBANK: Yes. It was pretty big news when it happened. And I know right now the second trial is still very big news.

BANFIELD: So Joey Jackson, we always talk about going into round two. You already got what some would say a poisoned jury pool, what others would

call an enlightened one.

But that`s a problem. You are trying to pick jurors who might have been transfixed by this stuff. Whether you are in New Mexico or whether you are

actually in Kentucky and you knew this case, this is difficult to put those thoughts aside. And when I say that I wonder about strategy. Because one of

the things that has made itself known into this case came via an inmate.

I love jail house snitches. I love jailhouse inmate who is talk about their fellow inmates. And Cecily Miller was a fellow inmate of Shana. And she

gave this little nugget about strategizing about the insanity defense. So have a listened to how she likened herself to Einstein, honestly.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Did she ever at times laugh about certain parts of the incident that happened on October 12th of 2012?

CECILY MILLER, INMATE: Yes.

UNIDENTIFIED FEMALE: Which parts did she laugh about?

MILLER: She laughed about shooting in the face and giving him the nose job he always wanted. She said she was going to plead insanity. But then she

said that she was too smart because she has an IQ of Einstein. Up to the IQ of Einstein and she would plead the wife battered syndrome.

(END VIDEO CLIP)

BANFIELD: IQ of Einstein.

Joey Jackson, just take that one.

JACKSON: That dog will not hunt. Go back to Joseph Scott Morgan`s point on the 911 tape. She sounds pretty lucid. She sounds like she played her own

defense. She sounds like she knew what her boyfriend was doing, what she needed to do in response in order to protect herself. So I don`t see that

happening.

The biggest issue here, before she used is not proportionate to the threat she supposed. She shot. She shot. She shot again. And then she called 911

and she had the defense pre-planned. Does that sound like someone who is insane to you? No, ladies and gentlemen, it does not. Guilty verdict.

BANFIELD: Yes. And so, that was my next question. Do you see any chance for Shana Hubers to beat the rap this time around when she did it very, very

publicly in that jury pool last time?

JACKSON: You know, there is always an opportunity. There is always a chance because you don`t know the jury you are going to get, but the evidence is

so overwhelming and so compelling, it`s unlikely.

BANFIELD: Joey Jackson, thank you. Joseph Scott Morgan, thank you as well. And Sarah Brookbank, thank you. A simply horrific boating accident on the

Columbia River in Oregon, at least visually, anyway that you just have to see to believe.

(VIDEO CLIP PLAYING)

[19:20:12] BANFIELD: Nick of time. And let`s slow it down because it goes fast, much faster for these three, I can tell you that. Police say the

driver of the driver of the oncoming boat, 74-year-old Martin Larson was piloting the 31-foot bay liner. It is a trophy. It`s called trophy. It

slammed right into this 20 some odd foot fishing boat.

And fortunately, three was three people actually did clear the boat before being hit. The fishermen were able to jump overboard, escape the direct

impact, they did have some injuries so.

And now Larson is facing a lawsuit for boating while distracted. Allegedly he was on his cell phone when the crash happened. And the video is

absolutely remarkable.

A 27-year-old Minnesota woman vanishes without a trace. Just five days after her disappearance. When the police find her boyfriend, his face is

mysteriously burned. So what happened to Christina (INAUDIBLE)? And did her boyfriend`s burns have anything to do with her death?

(COMMERCIAL BREAK)

[19:26:17] BANFIELD: She is not the only who found love on Facebook, but the mother of Christina Prodin said the Arkansas beau that she did meet on

Facebook came all the way from Minnesota just to be with her.

But Joseph Porter`s arrival came a whole bunch of ugly. Seven domestic disturbances. And the on again and off again relationship seemed to wreak

of absolute danger.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: They say I love you. They are lying. It`s not love from the heart. Just from the mouth.

(END VIDEO CLIP)

BANFIELD: Well ,now Christina is missing. And not just a little missing, 11 days missing and the boyfriend is 800 miles away. He was arrested looking

like this. Burn marks all over his face. And with him was another man who in a bizarre turn of events turned out to be married to this man.

So Joseph was put behind bars down in Jacksonville, Florida, but for a very unique charge. Stealing Christina`s things like her car and other personal

items which police say happens to be evidence related to her disappearance and police say possibly even her death.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I know something is wrong, because but she didn`t answer the phone and no message, no nothing. He took the life of my

daughter. So young.

(END VIDEO CLIP)

BANFIELD: I want to bring in Andrew Lee. He is the co-host of "Justice and Drew" on KTLK am, 11:30 a.m. and joins me live from Minneapolis.

So Andre, the big question here is if they caught this man, Joseph Porter, and he has burns all over his face and he happens to just have a big cache

of stuff including Christina`s jewelry box and Christina`s silver diamond stone bracelets and Christina`s necklaces and Christina`s Samsung phone and

Christina`s clothing. It`s a long list. Why is he only charged with stealing all of these things, but he is not charged with killing her?

ANDREW LEE, CO-HOST, JUSTICE AND DREW, I have to imagine it`s only because they haven`t identified a body yet. And they are still gathering evidence.

Everything that we have learned, everything that we found, everything the police found certainly points to him murdering her. When the police here in

Minnesota spoke to joseph pourer`s mother, he told her that she was going to kidnap her and drain her bank account and empty her safe deposit box and

take her somewhere where no one could find her again. But I have to assume it`s only just a matter of gathering evidence and making sure that they

have a body and something to firmly charge him with.

BANFIELD: Well, the weird thing is and the sad thing is that he pleaded guilty back in December to violating a restraining order against Christina

and for whatever reason and only the victims of domestic violence know those reasons. She welcomed him back in her life anyway. And it was only a

few days later she went missing. And now we are assuming she is likely the burned body that was found in a conix (ph) container on January 6th. Right

near where that stolen car was found. Her stolen car that Porter happened to be driving.

Joseph Porter, the guy with the burns on his face. And to add to this story, as you look at those burns, and you are as curious as I am as to how

he might have gotten those burns, the arrest affidavit might actually help us plod through what happened. According to his husband, because he was

caught with a husband after he left his girlfriend, the husband told the officers that Porter said Christina was certainly not alive when he left

Minnesota. He also described the killing. Dousing with gasoline, apparently, two gallons of gasoline. Putting her in the container, dousing

her with the gasoline, setting her on fire. Porter`s husband tells the police, apparently, that`s how he got those burns on his face.

I want to bring in Bobby Chacon, if I can, real quickly on this one. Retired FBI Special Agent, you are the perfect person to ask, Bobby. His

face is burned, his husband says he burned his girlfriend in a container, and yet, he`s still only charged with theft for the things they caught him

with -- her things.

BOBBY CHACON, RETIRED FBI SPECIAL AGENT: Right.

BANFIELD: Is it just a matter of hours until that theft charge is a murder charge?

CHACON: Well, hours or, you know, certainly days. I think that they have forensics that they have to go through at the crime scene down at that

Conex container. They have to -- they`ve already asked her mother for her dental records or her dental insurance so they can obtain the dental

records. So I think they are in the process of matching her dental records or obtaining her dental records so they can match it to the burned body.

Whenever you have a burned body, forensics takes a little more time. So I think it`s just a matter of time. I`m not sure if it`s hours or days, but

until they connect, once they identify that as her body and can confirm that, then they go -- I don`t know if there is spousal privilege in this

case or not, but then the prosecutors are going to have to judge whether or not the statements from the husband are going to be able to be used in this

case. And then once they do that, you know, I anticipate a charge certainly within days if not sooner.

BANFIELD: Well, you know, let`s be clear here. As sort of flummoxing as it is, Joseph Porter hasn`t even been named as a suspect in the death of his

ex-girl -- well, his girlfriend at the time, Cristina Prodan. Even though he was found with all of her things and her body was burned, according to

his own husband, and according to that husband, in the affidavit, it says, he did it and he burned his face while burning her body. He is still not

even being named a suspect in her death, but again, I think we should wait on this one.

Real quickly, Joey Jackson, defense attorney, HLN and CNN Legal Analyst, there are a lot of Jacksonvilles out there. It turns out this is

Jacksonville, Arkansas, not Jacksonville, Florida. That doesn`t make a hoot of difference in terms of what he`s facing.

JOEY JACKSON, HLN AND CNN LEGAL ANALYST: No.

BANFIELD: No, those are both states that I believe have the death penalty.

JACKSON: Yes.

BANFIELD: Arkansas and Florida, I know for sure. This looks to me that if he is going to face a murder, this could very well be death penalty

eligible.

JACKSON: Yes, it could, depending upon, you know, that there are issues with the death penalty and its application, but we certainly know that it

will be a prosecution where if he doesn`t get the death penalty, if convicted, he`d be in jail for a long time. Just briefly, on the issue, a

spousal privilege, Bobby Chacon mentioned a very good point. This privilege allows for you not to testify in court. As to statements that you make to

officers voluntarily, guess what? That comes in in a courtroom. And it appears as though there`s direct evidence and there`s circumstantial

evidence. Clearly, there`s a lot of circumstantial evidence here. Right? That means evidence where we don`t really have him hovering over her. We

don`t really know when -- if he is the one who did it. But boy, it certainly points to him. Talk about burning. He has a burned face. Look at

the domestic violence history. You know --

BANFIELD: He has all her stuff.

JACKSON: He`s got -- you read off, Ashleigh, the laundry list. He made statements as to what he would do to her. And so, it looks like in terms of

this circumstantial evidence, boy, it`s quite compelling.

BANFIELD: He did have a stolen car, I`m actually looking at the list now. I`m not exactly sure that it`s her car because it`s not on the list of the

stolen items, but the stolen car he was actually driving when he was taken was right near the burn location. Talk about circumstantial evidence. And

great delineation on the spousal privilege because that`s the tricky one. And it`s good to know what that -- what that means. You got to stay tuned

to this one, guys. My thinking is that there`ll probably be an update shortly.

A beautiful 17-year-old girl in a place she shouldn`t be. Dead in a neighborhood storage unit. Well, that sounds suspicious, doesn`t it? Really

suspicious. But investigators are saying -- don`t hold your breath on this one. They think it`s suicide. In fact, they`re ruling it suicide even

though the gunshot wound was to her stomach and she was still alive when they found her and she was still talking. We are going to sort this mystery

out in a moment.

[19:35:00] (COMMERCIAL BREAK)

BANFIELD: Hannah Green was a star softball player. A second baseman, in fact. Her teammates said they just can`t do without her, but they are going

to have to. Because this beautiful young woman named Hannah Green, died of a gunshot wound to the stomach. And police are saying that they found the

17-year-old dying in a storage unit. She was still conscious. She was still able to speak. She was then taken to the hospital and hours later she died.

[19:40:05] The medical examiner has made the ruling. Hannah shot herself in the stomach. And even though suicide is unimaginable to the people who knew

Hannah best, that`s what they say.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: It doesn`t matter who you were, if you around her, she was your best friend. We played softball with her since we were super

young, like, I don`t even know --

UNIDENTIFIED FEMALE: Four or five.

UNIDENTIFIED FEMALE: We`re really young.

UNIDENTIFIED FEMALE: Yes, always.

UNIDENTIFIED FEMALE: And if I stopped thinking about it -- when I think about it, I just can`t imagine being on the field without her.

UNIDENTIFIED FEMALE: She took a piece of heart -- of my heart with her. Like, my heart will never be full again because she is gone. And it`s just

hard knowing she`s gone.

(END VIDEO CLIP)

BANFIELD: Suicide. Case closed. The M.E. has said so. The CRIME & JUSTICE producer, Justin Freiman, has been working this story all day.

Justin, it doesn`t make sense. It`s just doesn`t make sense.

JUSTIN FREIMAN, CRIME & JUSTICE PRODUCER: That`s right. We`ve got a high school senior, a star in the softball team. Everybody said she was very a

happy person and she had plans to be going to college. And then she turns up in this unit, in this storage shed basically, with this gunshot wound

that they say is self-inflicted. But friends and family, really questioned it. They didn`t see any signs of it and they want to know just how she got

a gun and how that`s happened.

BANFIELD: So, let me bring in Joseph Scott Morgan, certified death investigator and professor of forensics, which is really helpful right at

this moment, from Jacksonville State University. You`re live in Jacksonville, Alabama. Thanks for being here, Jose. Help me sort through

this. This 17-year-old beauty headed off to college, is in a storage unit with a gunshot wound to the stomach, not to the head, is still alive and

conscious and talking when they find her and die. And this is ruled a suicide. Her parents feel like they are in the dark on this and I`m not

going to lie, I feel like I am, too. How is this possible?

JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Well, it`s certainly not completely atypical to have a self-inflicted gunshot wound of the abdomen.

Now, who we`re talking a self-inflicted gunshot wound to the back of the head, that would make me really raise my eyebrow. But some of the parts

that we need to understand here and begin from point A is what type of weapon was this? This was very unclear. One of the things we look for in

the investigation is to see -- is it possible that she could have manipulated the weapon to place it in her abdomen? If it`s a long weapon,

say, like a rifle or a shotgun, that`s going to make it a lot more difficult than, say, a hand gun. And keep in mind, in many cases of

suicide, people don`t want to shoot themselves in the head, particularly if they put a very high price on their own personal beauty and their

appearance because these things are very quiet destructive.

BANFIELD: So, this is just the case that screams for forensics. I want to bring in Dr. Karen Ruskin, also Joey Jackson. Karen Ruskin is

psychotherapist. Joey Jackson is a defense attorney. I`m going to start with you as a defense attorney. I think you have been through a court case

or two. Typically, you would know immediately. They would look at her hands. Gunshot residue on the hands.

JACKSON: Yes.

BANFIELD: Stippling trajectory splatter. All of those things we learned in the O.J. case. Right?

JACKSON: Yes, we did.

BANFIELD: But you would think that you would bring parents in with that ruling and explain all of that. And say I know this doesn`t seem right to

you.

JACKSON: Yes.

BANFIELD: But here is exactly what we have. This, in this case, doesn`t seem to be the story. They are confounded.

JACKSON: Yes, you know -- and I think it does matter. The bed side manner upon which you treat parents, particularly who are going through this is

very important. Joseph Scott Morgan pointed to JSM as I call him, the forensics of the matter, which are very significant. It may not be atypical

to get a shot here, but other things matter, too. And you can, of course, cover up someone to make it look like a suicide. What I`m confounded about

is the outside circumstances. Look at the circumstances. Was there any basis or reason for which you would be dead? What does the social media

blueprint say? What do our exchanges with family and friends and other people tell you about how she valued her and the value added to others. And

when you look at those circumstances, it all looks like it could be a cover up and that`s where to forensics are so significant to this case in terms

of whether somebody killed her and made it appear as though she took her own life.

BANFIELD: Yes. Dr. Ruskin the idea that a young beautiful woman like that - - I mean, she`s 17, she`s a teenager -- would shoot herself in the stomach. It`s hard for me to imagine that. But I think Joe Morgan did say it. Maybe

they don`t want to do something to end their life like that and leave that as the lasting memory and destroy their looks and their face and their

image. I`m still struggling through that though because I think even a 17- year-old would know this isn`t going to be an instant. Am I wrong?

KAREN RUSKIN, PSYCHOTHERAPIST: Well, our stomach is often where teenagers do hold their pain. If you talk to teenagers, often they say I have a

stomach ache, I can`t go to school. You know, they experience -- as we age we talk about back aches and eye twitches, grinding our teeth, but the

stomach is often where we hold pain. So, if this does turn out to be a suicide, it does not surprise me that she would go internal, to the

stomach, where you hold your pain.

[19:45:01] What`s so concerning and sad for me is, bear in mind, denial is the first step that happens when it`s the grieving process for the family.

And if there was anything that the experts could do to communicate and show proof to them, so that way they can take one step forward towards the

grieving process and acceptance of what has happened so they can go through a journey of healing, that would be helpful.

BANFIELD: So, the other issue here is that she was conscious and talking --

RUSKIN: Exactly.

BANFIELD: -- when they got to her.

RUSKIN: Exactly.

BANFIELD: In a storage unit. That is usually the murder scene or at least the aftermath scene of a murder. It`s not usually the suicide scene -- a

storage unit. But is there anything in your expertise that might lead a young woman like this, a teenager like this, to lie about her assailant

even in the throes of death?

RUSKIN: Well, people do lie in order to get what it is that they want. You know, we are all prone to cons in order to get what it is that we want. But

quite frankly, it sounds like, listen, who am I to say if it`s suicide or homicide?

BANFIELD: Right.

RUSKIN: But based upon what we`ve heard that there was a note, that she did say that she shot herself. And the fact is, the note said that she was

going to -- basically show her boyfriend he is going to be without her. I mean, it sounds like --

BANFIELD: 17.

RUSKIN: 17.

BANFIELD: It sounds like 17. It`s so -- it`s just hard to stomach the idea. I beg your pardon, the terrible use of it. It`s hard to process this.

RUSKIN: It is.

BANFIELD: It`s hard to process that she would do that and the -- you know, that the M.E. would get it wrong.

JACKSON: But has the note been authenticated?

BANFIELD: Well, then, there`s a whole other issue.

JACKSON: I mean, those are issues that really concerns --

BANFIELD: It screams for forensics.

JACKSON: Right.

BANFIELD: Guys, thank you so much. You know we`ve all heard of drunk driving. Have you ever heard of drunk surgery? Because that`s scary. But

it`s exactly what police say could have happened on Monday when this doctor reportedly showed up with a loaded surgery schedule. And when I say loaded,

they say he was, too.

(COMMERCIAL BREAK)

[19:51:45] BANFIELD: We have heard dozens of horror stories about people showing up drunk for work. Like pilots being pulled out of the cockpit. Bus

drivers or train conductors facing charges after deadly accidents. But a plastic surgeon? That`s exactly what Lexington, Kentucky police say Dr.

Theodore Gerstle did on Monday. The officers responded to a 911 call after staff at Baptist Health Hospital say Dr. Gerstle was intoxicated when he

showed up for work there. According to the police, he left the hospital when he was called out on it by his colleagues. He was arrested nearby a

short time later, and now, he has been charged with, ready, alcohol intoxication in a public place. What? Joey Jackson, defense attorney. What?

JACKSON: Yes, it`s a little disconnect, right.

BANFIELD: I think my friends in college were charged with that when we were rowdy in a bar.

JACKSON: Regularly. Yes.

BANFIELD: OK. But not -- I mean, this guy had a surgery scheduled that was a full complement.

JACKSON: Yes, I think the charge will be reckless endangerment. The issue would be whether he got to that step of performing the operation. And by

all indications, they`re saying he didn`t get into the room yet. Thanks to the people, on staff, who knew he was intoxicated. So that presents an

issue in terms of criminality. Did he take a substantial enough step into the operating room for him to be charged criminally?

BANFIELD: OK. And so, look, facts matter.

JACKSON: Always.

BANFIELD: I think we`re all learning that. Aren`t we? Details matter and sometimes fine details are the difference between life and death. And it

could have been in this case.

JACKSON: That`s right.

BANFIELD: Pilots who have stepped onto an airplane but not into the cockpit have been charged with being in control of the plane.

JACKSON: That`s a great analogy.

BANFIELD: While crossing the threshold.

JACKSON: Yes.

BANFIELD: So, if he crossed the threshold into his professional building, how is that not the same?

JACKSON: It`s a great analogy.

BANFIELD: Do you need to cross the threshold of the O.R.?

JACKSON: You do because you have to take a substantial step towards the commission of the crime. But that`s going to be the question.

BANFIELD: Showing up at work --

JACKSON: It`s very true. The question is --

BANFIELD: -- is a substantial step.

JACKSON: Is it -- because he didn`t go through the operating room, was that a substantial off step. Here is the big issue. The big issue is should he

be doing this to begin with? And are other people going to be protected as a result of this? I think the board, notwithstanding any crimes --

BANFIELD: Right.

JACKSON: -- is going to really look long and hard about yanking his license so he doesn`t put other people in danger.

BANFIELD: Yes, the state medical board, the American medical board, yes, those are the agencies that might likely go way further than public

intoxication in terms of --

JACKSON: Way.

BANFIELD: -- whether he`s a risk to us in the public. Maybe the secret there is don`t get plastic surgery.

JACKSON: Maybe so.

BANFIELD: I`m just saying. I`m kidding. I`m kidding.

JACKSON: Certainly not by him.

BANFIELD: I`m not a hater. All right. Thank you, Joey.

JACKSON: Thank you.

BANFIELD: So this guy, street name, Social Security. Street name, Social Security. Do you get any clues here as to why? I`m going to tell you this

story, next.

[19:55:00] (COMMERCIAL BREAK)

BANFIELD: And "ONE MORE THING" for you tonight. Anybody is going to tell you that your Social Security number is the most important nine digits in

your life. It should be protected at all times. Secured. Guarded with your life. But it should not be tattooed across your forehead. Seems like 40-

year-old Robert Charles Wooten didn`t get the memo because that is it, right there. That`s his Social Security number on the forehead. And by the

way, as we zoom in, that`s his area code tattooed across his neck. CNN affiliate KPRC reports that Wooten is a suspect in a number of armed

robberies and that -- because of the picture you`re seeing right now, his nickname on the street is literally Social Security. Can`t make this stuff

up.

[20:00:01] Thank you for watching, everybody. We`ll see you right back here tomorrow night 6:00 Eastern time for CRIME AND JUSTICE. Meantime, "FORENSIC

FILES" starts right now.

END