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Legal View with Ashleigh Banfield

Marijuana Legal in Nation's Capital; Billionaire Breakup Examined; Jodi Arias Once Again Facing Possible Death Sentence; New CNN Show Previewed

Aired February 26, 2015 - 12:30   ET

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

(COMMERCIAL BREAK)

ASHLEIGH BANFIELD, CNN HOST: OK, see this? This just went mainstream in our nation's capital. That happened at midnight. Pot officially became legal in Washington. Not state, D.C., it all happened when a voter approved marijuana initiative took effect. And by the way, it took effect with like 70 percent of the vote in the ballot initiative.

Some people in Congress are not too happy about this. But plenty of people are really happy, they're ecstatic, especially those who've gone from on the lam to legitimate, like that.

Here's Miguel Marquez to explain.

(BEGIN VIDEO CLIP)

CARLOS, MARIJUANA GROWER: This string is a string called Mrs. Buttersworth (ph).

MIGUEL MARQUEZ, CNN CORRESPONDENT: Carlos, who does not want to be identified because what he's doing now in a cramped apartment with a view of the U.S. Capitol is illegal. In a few hours, that will change.

It is illegal what you're doing right now?

CARLOS: Very much.

MARQUEZ: It won't be illegal tomorrow, correct?

CARLOS: That is correct.

MARQUEZ: What is that like to come out of the shadows as it were?

CARLOS: It's literally, for me, literally coming out of the closet. I can literally take my tent out of this closet.

MARQUEZ: Legal marijuana here, nothing like the recreational gold rush in Colorado. Users here in Washington, D.C. can grow up to six plants, carry up to 2 ounces, give up to 1 ounce to anyone over 21 years old. But neither money, goods nor services can exchange hands. It's a share or gift economy, but still.

CARLOS: There's literally a freedom for something that I'm so passionate about, knowing that it's legal, it's decriminalized, all of the above. I'm free.

MARQUEZ: In a letter to D.C.'s mayor, the chairman of a powerful U.S. Congressional Committee which has ultimate authority over the District of Columbia issued a stern warning writing, "If you decide to move forward tomorrow with the legalization of marijuana in the district, you will be doing so in knowing and willful violation of the law."

MAYOR MURIEL BOWSER, (D) WASHINGTON: We would encourage the Congress to not be so concerned about overturning what seven out of ten voters said should be the law in the District of Columbia.

MARQUEZ: Adam Eidinger organized the legalization effort.

Do you think there will be a backlash to any this?

ADAM EIDINGER, CHAIRMAN, D.C. CANNABIS CAMPAIGN: There will be a huge backlash if Congress manages to overturn the initiative. There'll be protests in the streets. You know, our city council will be performing acts of civil disobedience.

MARQUEZ: He says, despite protests from some powerful members of Congress, legalization in the nation's capitol is a sign of growing public acceptance nationwide.

EIDINGER: We cannot wait for politicians to get on the ball here. We -- people are going to jail for this, you know? Thousands of people a year.

MARQUEZ: Miguel Marquez CNN, Washington.

(END VIDEO CLIP)

BANFIELD: Joining me now is CNN Legal Analyst Mel Robbins. There's so much to talk about when it comes to this because a lot of it is confusing. Walking around in D.C. is not like walking around in Denver. So, it's legal in D.C. and you have it in your pocket and you step on to all the different federal properties, what happens?

MEL ROBBINS, CNN COMMENTATOR AND LEGAL ANALYST: Well, you could get arrested. I think what you want to keep in mind is that there are -- unlike in Denver, in D.C. there are hot pockets of federal property. And this is only governing the city of Washington D.C. So you see the shaded area...

BANFIELD: Let me just double check, I want to double check. I want to ask our graphics people, did they shade dark green or the light green as the federal, both. OK. So, dark green and light green...

ROBBINS: ... like you're seeing on the screen right now that are shaded, if you get stopped by the U.S. park police or the U.S. capital police and you're on federal property, you are now subject to federal law.

And under federal law marijuana is still a substance, you know, a class one schedule A substance. And that possession is illegal. So, you could be in deep trouble? But if you're walking around and you're on city property and you have less than 2 ounces...

BANFIELD: Yeah but, you know, what if all over that city there's a piece of federal property. You cross the capital steps, you cannot -- you know, knick (ph) the edge of the mall. If you want to go from your house to the bus stop and you take a detour over the corner of a federal property and you don't really know it, are they really going to be able -- I mean I suppose they could take it on if they want on. But do you think they will?

ROBBINS: No, I mean unless you're doing something that draws suspicion that's overt and you subject yourself to a legal pat down of some sort and then they find it, you're probably not in trouble but I think you should stay away from federal property until they sort this out.

BANFIELD: Heck yeah. Quick answer on this one though. If I'm smoking a joint on my porch, is that public or is that private property even though everybody can see you and it's a zero lot line.

ROBBINS: Well it's a great question, Ashleigh and there's ambiguity. You can -- they specify inside -- that when you're growing it, it has to be inside the interior of your home. But they talk about the fact that you cannot consume it in any fashion in public. So, as far as I'm concern, if you're on your front porch and you light up, you could be arrested. And charge with the crime.

BANFIELD: Oh it's going to be confusing, I think, for a lot of people. And Mel Robbins, thank you for that. Really appreciate it.

OK, I got the story that I have been dying to tell you about. It is wild, let say you're married to a billionaire, lucky you. But then things aren't going so well, unlucky you or not.

A single mom forced to squeak by on a million dollars a month. No, say it ain't so. The lady on the right is divorcing the guy on the left and her request in court papers are for a million dollars a month. Why is that right, I'm going to explain exactly why it's so right it protects you, in a minute.

(COMMERCIAL BREAK)

BANFIELD: I don't want to get too personal here but I'm just going to ask anyway. How much do you spend every month on private jets? How about hotels and restaurants and stationary? Because we know how much Ken and Anne Griffin spend by Anne Griffin's estimation at least, because they're divorcing and that's a public process.

Ken is the billionaire founder and CEO of a hedge fund in Chicago. The couple has three small children, and Mrs. Griffin tells the court that they are accustomed to a lifestyle, a pretty nice one that costs about $1 million a month. A million a month.

Just look at this breakdown because it includes $300,000 per month on private jets, $160,000 per month for hotel, $14,000 a month for restaurant meals and groceries, $8,000 for miscellaneous gifts and such, and $2,000 a month for stationary. Who says nobody writes letters anymore? Am I right?

Here to help us mere mortals get a grasp of the billionaire break up is perhaps America's best known divorce lawyers. He's certainly among them, Raoul Felder. He's represented Larry Fortensky and his divorce with Elizabeth Taylor, Robin Givens and her divorce with Mike Tyson, and the list goes on and on and on.

Raoul, get me off the list because there's nothing wrong with this even though it sounds so wrong.

RAOUL FELDER, DIVORCE AND FAMILY LAWYER: Yes. There's nothing wrong. It's the same principle whether you make it $50 or $500 million. But there's a greed factor that permeates this. It's the stuff of late night shows. Now, they're going to...

BANFIELD: Wait, wait. Why is it greedy if the wife with three children wants to continue that family's lifestyle with those children if that's what they were all living?

FELDER: Let's think about that a minute. $3.6 million a year in private planes, four nannies for three children.

BANFIELD: If this is the way they were living as a family...

FELDER: But wait a second. If she's on the plane, she must be traveling by plane 24 hours a day, what is she doing with her kids? I think there's an offensive quality here. We're dealing with a person who's quite a distinguished woman. She graduated in Georgetown, graduated at School of Harvard, business lady, speaks five languages. Why is she throwing all those away to make herself a joke?

This is like the (inaudible) theory of public relations, I mean, what was she doing?

BANFIELD: Raoul, all I'm going to say is if you make $50 a month as a family and you're used to living at that rate and you divorce and you have three kids, should I then only ask for two on the wife?

FELDER: Absolutely, you're right. There should -- under the law, there is no difference. But there is a common sense factor that permeates this, particularly she's got -- she's worth $50 million, she got...

BANFIELD: Well, he says -- we're not sure about that. Let's put some of the...

(CROSSTALK)

FELDER: She got $25 million apparently when they got married. She was running a business and he subsidized. I won't hold any charities for this woman. You know, lawyers are suppose to be counselors, too. And somebody should have sat down with her and said...

BANFIELD: I don't know.

FELDER: ... you know, why are you doing this? BANFIELD: I think it protects everyone's right to continue your family. So, I'll got to leave it there but it's a fascinating peak inside that lifestyle with anything at all. Thank you, Raoul.

FELDER: Thank you.

BANFIELD: Thank you again. Coming up next. Believe it or not, she's back in the news and once again, she's fighting to save her life. Jurors are hard at work right now deciding whether Jodi Arias should die for killing her ex-boyfriend or should live for the rest of her life in prison.

And I cannot wait to speak to my guest about it. It's Nancy Grace, she's going to be back with me live. I miss our old days on Court TV, girl. We'll see you in a second.

(COMMERCIAL BREAK)

BANFIELD: Remember Jodi Arias? The woman convicted of brutally stabbing her ex-boyfriend Travis Alexander over and over and over again back in 2008? And then pretty much lying to everybody who would listen from years and years? Her life, once again, is hanging in the balance right now because a jury is as we speak, deliberating over whether she will get the death penalty for that crime or whether she will rot away in prison for the rest of her life.

If you don't remember, the first jury in the case, hung, not on the verdict, they said guilty, but whether or not to sentence her to death. And joining me now is former prosecutor, Nancy Grace, host of HLN's Nancy Grace, also former co-worker of mine at Court TV. And all throughout, adorable person.

Nancy, you are the nicest, most sweet person until it comes to the issue of this. And then you get tough, and you are ruthlessly tough when it comes to this lady and the death penalty. What do you think this jury is thinking right now?

NANCY GRACE, HLN HOST: OK, first of all, Ashleigh.

BANFIELD: Yeah.

GRACE: Long time, no see.

BANFIELD: Great to see you.

GRACE: But this has nothing to do with the fact that she shot a bird at me in open court and then owned up to it on Twitter that night, OK? Nothing...

BANFIELD: I didn't even know that part.

GRACE: OK? Nothing. Not connected. This is what I think about that. The jury is already been out around five hours. Here is a red flag, one of the jurors brought in a crock pot this morning.

BANFIELD: What? GRACE: Now, what does that mean? Because you know crock potting takes 10, 11 hours. That's not a good sign unless she's bringing...

BANFIELD: Wait. They're making their own dinner?

GRACE: I don't know. Maybe she brought in something she made the night before. OK, this has nothing to do with the law, but you having cover so many trials know that it's tips like this that help you figure out what's going on in that deliberation room. So I just hoping they're deliberating over some cheese dip she made last night.

BANFIELD: OK. So here's what's weird though, Nancy. The first time around, everything was televised. This time around, no tape till it's done. We can see it but not till it's done. And we all watched Jodi with her PowerPoint presentation pointing out why she should live and how great she is after all the awfulness she ultimately had to kind of just copped (ph) to. But she chose not to allocute this time, good idea? Bad idea?

GRACE: I think it was very good idea because the last jury did not like her. She hung by a thread when they came to the penalty phase. But this time around, she did testify in front of the jury behind closed doors, but she did not choose to give her dissertation, her monologue to the jury. She had the right to do that. She chose not to, I think that's wise for her.

Now, what do I think is going to happen, I'm going to go out on a limb and say they're not going to give her the death penalty only because the way the trial is being conducted, it's gone and fits and starts, Ashleigh. There's been no momentum whatsoever. They would have trial for two days and they're off a week, then off three days and trial for two days. It's going on like that the entire time. Nobody got any momentum. It was not seamless to say the least, and I think that would hurt the stay.

But it when it comes to deliberations, remember, John Couey, who's convicted of killing Little Jessie Lunsford, the girl...

BANFIELD: Yeah, in Florida.

GRACE: They were out 45 minutes and came back with death. On McVay, they were out about 11 hours, came back with death. Remember this one, you and I covered together, Rabbi Fred Neulander, Neulander's jury was out for...

BANFIELD: I barely remember it.

GRACE: ... 90 minutes for killing his wife, came back with life. So it's all over the board as to how long they may or may not be out. Scott Peterson, they were three days, 11 hours, came back with death. So, the time period is not necessarily an indicator.

BANFIELD: Nancy Grace, 8:00 p.m. HLN, it is a don't miss. And particularly right now...

GRACE: Crock pot, Ashleigh. (inaudible) a crock pot. BANFIELD: You are amazing. Please come on my show everyday.

GRACE: I wish. This is crazy thing, those twins.

BANFIELD: Those twins, I know. I have Irish twins. Nancy, always great to see you. Thanks for stopping by.

GRACE: Bye friend.

BANFIELD: Bye-bye.

Up next, I'm going to take you to paradise. But it's a paradise on the verge of disaster, so to speak.

(COMMERCIAL BREAK)

BANFIELD: OK. I want to talk about CNN's fascinating new series called the Wonder List. Bill Weir, I don't know how he got that ticket, man. But he did and he traveled the world to find people and places at a crossroads of history.

In episode one, he visits an island nation in the South Pacific where a climate change is threatening everyone's way of life. Take a quick look.

(BEGIN VIDEO CLIP)

BILL WEIR, CNN HOST, THE WONDER LIST: There is an alarming number of Americans who are skeptical that it's even happening, and that island nations see this as an easy way to get some extra money, what is the reality when it comes to climate change for an island nation like this one?

UNIDENTIFIED MALE: For some of the smaller islands, we think Vanuatu is a (inaudible). We have seem because we've been living here years and years. We can see the sea level rising.

WEIR: You can see that it actually changes.

UNIDENTIFIED MALE: You can see (inaudible).

WEIR: A warmer planet likely affect their crops, bring stronger storms, but folks in these highland villages are relatively safe from the rising tides.

But our next stop includes communities that live just inches above sea level. Places where they're thrilled to see one flight a month land on the grass patch that is the Mota Lava International Airport.

UNIDENTIFIED MALE: Welcome to Mota Lava.

WEIR: You're the man, Nick.

On this island, there are around 1500 people and two cars. This is the one that runs, sort of.

It started. I will never complain about New York City taxi cabs ever again.

(END VIDEO CLIP)

BANFIELD: You better not complain about anything.

WEIR: No. I can't ever complain about my job again. But what's amazing about that place, no roads, about 1500 people, one car that runs, cellphone service better than Manhattan.

BANFIELD: Come on.

WEIR: And this people, a lot of the folks on that island, they want big hotels. They want a change -- they want to give up this -- what we think is a magical way of life.

BANFIELD: Yeah.

WEIR: To have a little more of what we have, so it's a fascinating look at tradeoffs.

BANFIELD: This is just one place, you just hit all the highlights around the world. I want to ask about the Dead Sea because -- and secondly what you're telling us is that you better get to some of these places because they could be gone. What's wrong with the Dead Sea?

WEIR: Most people don't know and some of the holiest bodies of water -- Christians around the world, the river where Jesus was baptized is Jordan, and the Dead Sea are disappearing at alarming rates because sometimes warring neighbors, Israel, Jordan, Syria have been diverting that freshwater to feed growing populations, crops. It's a political issue. It's a social issue. But that story gave me an amazing amount of hope because if there's one thing in desert communities like that that breeds respect, it's water.

If there is -- remember the tension over the Temple Mount between Jordan and Israel?

BANFIELD: Yeah. Still there.

WEIR: Al official meetings between the two sides were canceled except for the water commission. If there's going to be a path to peace in the Middle East...

BANFIELD: It might be water.

WEIR: ... it'll be over water.

BANFIELD: We've talked about water wars and we've not talked about water peace, so that's going to be great. You also -- you went to the Taj Mahal. It's one of my favorite places.

WEIR: Yes.

BANFIELD: People don't know that it's a shrine to a man's dead wife. But it's not perhaps going to be there forever? WEIR: People are worried it's crumbling into the horribly polluted Yamuna River which behind it. The Mogul emperor, who built it, put it there for a reason. But that also in that hour, we went to see if I can spot a tiger in the wild. There's only a couple of thousand left. There are more tigers in cages in Texas than there are in the forest of India.

So that ended up being a sort a real examination of overpopulation, you know, India's a third the size of the U.S., four times as many people, and the pressures that puts on things that we all agree are precious.

BANFIELD: Ten seconds here, but the Alps, problems in the Alps?

WEIR: Glaciers retreating around the world, but faster in the Alps than anywhere else.

BANFIELD: Oh, my Lord. OK, listen, you got to watch this program. It's beginning this Sunday, 10 p.m., Bill Weir. You know, we've worked together at ABC, we've worked together here and you still get the better gigs.

It is...

WEIR: I'll tell you my secret, Ashleigh.

BANFIELD: I'll follow your lead, brother.

WEIR: Your jealousy makes me stronger.

BANFIELD: Thank you, Bill Weir. Nice to see you home and safe and clean.

WEIR: Good to see you. Yes. Thank you.

BANFIELD: Thanks for watching everybody. My colleague -- other colleague who've I worked with three years, Wolf Blitzer starts right now.