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Legal View with Ashleigh Banfield

Missing Teen Boaters; Bobbi Kristina Brown's Death; Louisiana Theater Shooting; Trump Tops GOP Field. Aired 12-12:30p ET

Aired July 27, 2015 - 12:00   ET

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

[12:00:00] JOHN BERMAN, CNN ANCHOR: Colonel Rick Francona, great to have you with us. Thanks so much.

COL. RICK FRANCONA: Nice to be with you guys.

KATE BOLDUAN, CNN ANCHOR: Thanks, colonel.

Thank you all for joining us "AT THIS HOUR."

BERMAN: LEGAL VIEW starts right now.

RANDI KAYE, CNN ANCHOR: Bobbi Kristina Brown's life comes to a heartbreaking end six months after she was found unconscious in her bathtub. So what happens now with the criminal investigation?

Also ahead, did a West Virginia woman's act of self-defense abruptly end a string of serial killings in Ohio.

And the serial rape allegations against Bill Cosby front and center this hour. Thirty-five accusers all sharing their stories. We'll hear from the magazine photographer who brought them all together.

Hello, everyone, I'm Randi Kaye, in today for Ashleigh Banfield. Welcome to LEGAL VIEW.

We begin this hour with the search for two 14-year-old boys in 30,000 square miles of ocean. It has now been three days since Austin Stephanos and Perry Cohen fueled up their boat in Jupiter, Florida, and set out, maybe on a fishing trip, maybe intending to sail all the way to the Bahamas. Their capsized boat was spotted yesterday minus the boys 67 nautical miles offshore. Now, minutes ago, the Coast Guard gave us this video. A spokesman says the boat won't be towed ashore for now because that would divert resources from the search. The families say they have 100 percent faith Austin and Perry will be found safe. And the Coast Guard professors - and I'm quoting here - "perpetual optimism," though search and rescue in open ocean is very tricky.

CNN's Alina Machado is on the coast with the very latest for us.

Hello there, Alina. Any new develops?

ALINA MACHADO, CNN CORRESPONDENT: Well, Randi, we know that this is a very challenging mission, even though, as you can see, conditions here seem to be pretty favorable. The Coast Guard has moved the search for these two missing boys north. They are focusing in an area that's about 60 to 70 miles off the coastline near Jacksonville, Florida. They're using resources up in the air and also out in the water and they are joined by the Navy.

Now, the teens, Perry Cohen and Austin Stephanos were out on a 19-foot boat. They were last seen just down the road from where we are here in Jupiter, Florida, buying about $110 worth of gas. The boat that they were in, as you mentioned, was found capsized yesterday north from here near central Florida.

Now, inside, rescuers did find a life vest and those are - that was one of several that the family believes were on board. Now the families of these missing teens are encouraging people to go out for a beach walk all along the Florida coastline today in search of possible boat debris. And they specifically talked about two things - a Yeti cooler and a Yamaha engine cover that may have washed on shore. They want people to go out there and see if they spot anything that could help rescuers find their children.

Randi.

KAYE: Yes, these families can use all the help they can get for sure. I mean did these - did these two boys have permission, do you know, to take this trip?

MACHADO: You know, as far as we know, the families did know that the boys were going fishing and they are both, according to these families, very familiar with the water. Here's what Cohen's stepfather had to say about that.

(BEGIN VIDEO CLIP)

NICK KORNILOFF, PERRY COHEN'S STEPFATHER: We requested that when he was out in the water that he fish the river and the intercostal and he could go as far as the rocks in the inland, but not without us or an adult who had, you know, a larger boat into the ocean. But in saying that, knowing Austin and knowing his skills and his family, you know, Austin's extremely capable running those boats, but that was just a rule we had in our house.

(END VIDEO CLIP)

MACHADO: Now, there are reports that these teens could have possibly been headed to the Bahamas, but both the family and officials say they don't know if that's what the teens had in mind when they set sail on Friday.

Randi.

KAYE: Alina Machado, thanks very much for the update.

Turning now to the death of Bobbi Kristina Brown, the daughter of Whitney Houston and Bobby Brown. Authorities in Atlanta say an autopsy will be performed on the 22-year-old's body. She was pronounced dead last night after being on life support for most of this year. Brown was found unresponsive in her suburban Atlanta home back in January. Senior medical correspondent Elizabeth Cohen is in Atlanta and also with us forensic scientist Larry Kobilinsky from the John Jay College of Criminal Justice.

Elizabeth, to you first. For those who haven't really followed this, you know, from day one like the rest of us, what did we learn about the circumstances of Bobbi Kristina Brown's death?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Randi, here's what we know. On January 31st, as you mentioned, Bobbi Kristina Brown was found unresponsive and not breathing in the bathtub in her home in Roswell, Georgia. That's a suburb of Atlanta. She was then sent to the hospital. She was put in a medically induced coma. She was then moved to another hospital and she went on life support. And then last month, in June, she was put in hospice.

[12:05:08] Now, we - you know, we heard intermittent reports from her family about her condition. Her father initially had said Bobbi Kristina is awake, she is watching me. But then days later, there was a turn and her grandmother said that Bobbi Kristina had suffered irreversible and global brain damage. And, Randi, those are the basic facts that we know about what's happened since she was found in that bathtub in January.

KAYE: All right, Elizabeth, thank you.

And, Larry, I mean, she was also found with bruising back in January on her chest. How difficult will an autopsy be, you know, now some six months later to try and identify what really caused her death? I mean what would we need forensically to figure that out?

LARRY KOBILINSKY, FORENSIC SCIENTIST: Well, first of all, it gets very complicated because the bruising may have resulted from the administration of CPR and also she was in an auto crash days before this incident happened. Now, in an autopsy, they will have to look at the brain. They will do some neurohistology and determine if there are any areas that demonstrate trauma, necrosis, tissue decaying. But, you know, six months after the fact, it's going to be very difficult and I really doubt that there's going to be anything in that autopsy that sheds light on the cause of death. It's going to remain a mystery, in my opinion.

KAYE: What about toxicology? I mean would it be standard procedure to do a toxicology test right away when she was brought in? And if so, what would they be looking for and how critical would that be maybe in helping to determine the cause of death?

KOBILINSKY: I think it would be extremely important because if there were drugs in her body, central nervous system depressants, very much like Whitney Houston's death, it would of at least given us some understanding of why she ended up face down in a bathtub. You know, Whitney Houston was declared dead as a result of drowning. But here this - the question remains, were there drugs in her body? Did she just fall, hurt herself and, you know, fall under the water and drown or was this due to drugs in her system? The hospital has to have those records probably protected by HIPAA, so we need to know more about that. KAYE: And what is this neurohistology, just getting back to that, that

you mentioned?

KOBILINSKY: Well, normally, the brain is removed from the skull, sectioned and examined visually. But then there's a microscopic examination into the issues to look for areas that don't look right, pathology, tissue that is just destroyed do to autolysis. That will help us understand a little bit more. But, again, I don't think that this is going to reveal a great deal about cause of death. And I think, like I said, it's going to remain a mystery.

KAYE: Very difficult for the family for sure. Very much - thank you very much Elizabeth Cohen and Larry Kobilinsky as well.

After Bobbi Kristina was found unconscious in January, a criminal investigation was launched, not to mention a lawsuit against the man that she referred to as her husband. Where do these cases go from here?

(COMMERCIAL BREAK)

[12:11:44] KAYE: Welcome back.

Bobbi Kristina Brown grew up in the spotlight. The daughter of superstars, movie actress and Grammy winning Whitney Houston, and her father, Grammy winning artist Bobby Brown. And now the family prepares for her funeral after Bobbi Kristina's death announced last night.

Nischelle Turner is host of "Entertainment Tonight" and a CNN contributor and she joins me now from Los Angeles.

So, Nischelle, what is the reaction there in Hollywood?

NISCHELLE TURNER, CNN CONTRIBUTOR: Well, Randi, as you can imagine, there's a lot of sadness, a little bit of shock. You know, we all knew this was coming because she was moved to hospice about a month ago, but still, once it happens, and you hear that Bobbi Kristina Brown at age 22 has passed away, in some of the same fashion that her mother was found, I mean people are really kind of having a bit of an outpouring. I mean there were a lot of tweets yesterday from celebrities.

Bobby Kristina was the number one trending topic on Twitter for a lot of the day. Also Cissy Houston was a trending topic on Twitter. Last night on "Watch What Happens Live," we saw their cousin, Dionne Warwick react to her death. We're seeing there a tweet from Missy Elliott where she says, "no parent ever thinking of burying their child before they go." So extra prays, you know, go out to the family. And I know Missy was very close to Whitney and also Bobbi Kristina. So this has affected her very hard. But it has. I mean, Oprah tweeted yesterday, too, that finally Bobbi Kristina is at rest.

But when you think about that and think about the fact - I mean here's how eerie this was, Randi. Three years ago when Whitney Houston died on a Saturday, I was sitting at lunch with my two girlfriends and that broke. Yesterday, on a Sunday, almost three years, you know, later, I was sitting with those same two girlfriends and this news broke. So it's one of those things that just really hits you and sits with you.

KAYE: Yes, it is so sad, especially, as you said, I mean both found in the bathtub. You know, there's just so - so many disturbing similarities as well.

TURNER: Yes.

KAYE: What about funeral arrangements? Any word on those?

TURNER: Well, we are hearing from the family that there could be funeral - a funeral set for this week. We believe there will be a funeral in Atlanta for her and then her body will be transported to New Jersey and buried next to her mother in the plot there. But we - they haven't nailed down a date and that's because, like you were just talking about, this autopsy that is being done. They do have to do those things before she will be buried. So determining how long that takes and what the process is there will determine what kind of funeral arrangements will be made.

But I know that Tyler Perry, another celebrity, has really put his heart forward to the family. He just left the Houston home with Pat Houston just a few minutes ago and I know that he has said, I will do anything I can for this family. He does have a private jet. We think that he may be, you know, helping arrange some of these funeral arrangements for them.

KAYE: Yes, a lot of people reaching out, a lot of people cared for them. Nischelle Turner, nice to see you, as always. Thank you.

TURNER: Sure. Nice to see you, Randi.

KAYE: After Bobbi Kristina Brown was found unconscious in January, a criminal investigation was launched, not to mention a lawsuit against the man that she referred to as her husband, Nick Gordon. And today the medical examiner says finding the cause of death may prove difficult. Releasing a statement in part saying this, "the time which has elapsed between the initial event on January 31st and her resulting death will complicate reconstruction of the events surrounding her initial unresponsiveness," saying further "interpretation of autopsy findings and other information will also be challenging."

[12:15:12] Our legal analysts are here, Joey Jackson from HLN and CNN legal analyst Danny Cevallos.

Good to see you guys.

All right, so let me ask you, Danny, first. I mean we don't know what evidence authorities have on this case and her death actually, but if authorities did have some evidence in terms of what they might have against Nick Gordon who says he found her in the tub with the other friend who was in the house, her boyfriend, her fiance, her husband, whatever you want to call him. Even if they had just a little bit of evidence, wouldn't they have charged him with something by now?

DANNY CEVALLOS, CNN LEGAL ANALYST: They don't have to because there is no statute of limitations on murder. They're perfectly within their power to wait and see what happens when she dies. It happens all the time. And Hinckley's a good example. When Hinckley shot Brady, he only recently died. There's no rule that you have to charge somebody with murder - well, there's a rule that you have to wait until after they die, but you can charge and convict somebody with assault and then later on if that person dies, even years later, you can charge them also with murder. Or, because there is no statute of limitations, a prosecutor can easily wait until that person dies, even if it's years and years and years down the road and then charge them with murder. But it really depends on what that evidence is. They still have to prove causation. And every year that goes by, and in this case it was about six, seven months, with significant period of time it becomes more and more difficult to prove causation.

KAYE: But they really could - I mean you want to weigh in?

JOEY JACKSON, HLN LEGAL ANALYST: Yes, sure. What often happens also, and Danny can certainly speak to this as well, is they can charge and then they could what we call supersede. That means they can upgrade the charges consistent with whatever happens.

KAYE: Right, which they could have done now with her - with her death.

JACKSON: Absolutely. And so it's a common occurrence certainly with me, Danny I'm sure with you as a defense attorney, where they would charge initially, in the event that they have enough evidence and believe that there's probable cause you committed a crime and that at some later point they could upgrade those charge. But, you know, at the same time, what Danny speaks to is true, they can often wait as well.

KAYE: Because what evidence would they be waiting for at this point?

JACKSON: Well, there's an - there's an awful lot. And, of course, I know we're talking about the civil suit also. I mean the civil suit, Randi, essentially accuses him, that is Nick Gordon who, you know, first it was presumed he was her brother, and then, of course, was it her boyfriend, and then was it her husband?

KAYE: Right, it accuses him of stealing from her and -

JACKSON: It accused him basically of murdering her. I mean domestic assault. It talked about him assaulting her, him battering her and him being essentially responsible for her death. And so I think investigators will determine exactly what happened and who, if anyone, is responsible.

KAYE: Yes. Let me get in an estate question here because a lot of people are wondering, you know, Bobbi Kristina had one - had gotten one-tenth of the money from the estate that was left to her by her mom.

JACKSON: When she turned 21, right.

KAYE: When she turned 21. So there's still a whole lot more likely in this estate. What happens to the money she got? What happens to the rest of the money?

CEVALLOS: The answer to the question depends on whatever the trust documents provide. A trust is a separate entity that holds money for the benefit of a beneficiary, as in this case. So you can have a trust - you can be the beneficiary of a trust with a cabillion (ph) dollars in it. You are not a cabillionaire (ph). That - you must be paid out of that trust. And frequently, when trust - this is exactly the situation that you set up when somebody has a lot of money and a young child, they create a trust that makes payments to that person -

KAYE: Right.

CEVALLOS: So that creditors can't - you can't sue that person, you can't sue young Bobbi Kristina and get a judgment and reach that trust. It can last throughout her life by being an entity separate from her.

KAYE: So who would get that money?

CEVALLOS: So the answer is -

JACKSON: And -

CEVALLOS: The answer is, who - wherever the trust dictates. Maybe the rest of the money goes to the SPCA. We don't know. It's just - you can do virtually anything you want with these documents.

JACKSON: Yes. The prevailing wisdom, though, and another - another reason you set up a trust also, you know, look, she was young, she was 18 when her mom died. You certainly want the person who it's left to, to spend the money responsibly. And as a result of that, you set it up that way. But I think the prevailing wisdom is that it may indeed go to Whitney Houston's mom and two brothers. But, again, we'll see based upon what the trust provides as Danny mentioned.

KAYE: Yes, as it comes out. All right, Danny, Joey, nice to see you guys. Thank you.

JACKSON: And you, Randi. Thank you.

KAYE: Up next, saying good-bye to the women killed in the Louisiana theater shooting and getting our first look at the gunman's final hours caught on video.

(COMMERCIAL BREAK)

[12:22:46] KAYE: Family and friends are gathering to say good-bye to the two young women gunned down in a Louisiana movie theater last week. Funeral services begin this hour for 21-year-old Mayci Breaux, seen here on the left, and later this afternoon for 33-year-old Jillian Johnson.

As the city mourns, we are getting fresh video of the killer in the hours leading up to the shooting. We're also learning chilling, new details about John Houser.

CNN's Ryan Nobles is live in Lafayette.

Ryan, first, if you could, give us an update on the victims.

RYAN NOBLES, CNN NATIONAL CORRESPONDENT: Yes, well, as you mentioned, Randi, both Mayci Breaux and Jillian Johnson will be laid to rest today. Mayci Breaux's funeral taking place as we speak. Jillian Johnson's a little later this afternoon.

But there were, of course, nine other victims wounded in this mass shooting. Six of them have been released from the hospital. There are three still recovering, but their conditions are all improving. So that is some good news as this community begins to recover. They started the mourning process today. There have been vigils throughout the weekend. This community is ready to start the process of moving past this awful tragedy.

KAYE: And what are we learning about the suspect in this case? You have some new information?

NOBLES: Yes, Randi, it's becoming increasingly clear that John Houser meticulously planned this attack here at the Grand Theater behind me. And, in fact, you talked about this new video that's been uncovered. CBS News able to obtain some surveillance video from the Motel 6 where he was staying and inside that hotel police found a journal that Houser was writing in and listen to what the state police Colonel Michael Edmonton told me he was writing in that journal.

(BEGIN VIDEO CLIP)

COL. MICHAEL EDMONSON, LOUISIANA STATE POLICE: Here's one thing that's perfectly clear. This man was certainly of sound mind because, you know what, he wrote it down. He said he's coming to this movie theater at 7:15 on Thursday night. What we do believe is that he was in other theaters, whether it was Lake Charles, Lafayette and Baton Rouge, maybe disguised himself from some of the things we've heard about. And then, for whatever reason, he's in this theater on that night at 7:27 and he stands up and he kills two innocent people.

(END VIDEO CLIP)

[12:25:00] NOBLES: And one other point about the investigation, and it's what his family is saying about his potential for violence. They were concerned about it. They didn't think he would target something like a movie theater, but instead maybe a government building. And Colonel Edmonson told me that this is an indication of where family members need to step up, if they're even concerned a little bit about somebody in their family having a potential for violence, to tell someone as soon as possible so that law enforcement can get involved.

Randi.

KAYE: Yes, of course, great advice. Ryan Nobles in Louisiana for us. Ryan, thank you.

Up next, you might have guessed, Donald Trump sits at the very top of the latest GOP presidential poll, but who is right on his heels? And what else do the numbers reveal?

(COMMERCIAL BREAK)

KAYE: Donald Trump says he's not just a candidate for the GOP presidential nomination, he is a movement. Over the weekend, a CNN/ORC poll shows Trump at the head of the Republican pack, followed closely by Jeb Bush and Wisconsin Governor Scott Walker. And I do mean closely. The gaps fall within the poll's five point margin of error. Trump doesn't dwell on that part, of course, but CNN's Athena Jones is crunching these numbers and many more.

Good to see you, Athena.

So whatever Trump is doing seems to be working, at least his camp thinks so. What about those unfavorable, though?

[12:29:54] ATHENA JONES, CNN CORRESPONDENT: Hi, Randi. That's right, 18 points. I mean he's leading the pack and he's actually gaining. He gained six points in the last month, whereas his closest rival, Jeb Bush, actually lost two points in the last month compared to our most recent poll. But you're right, those numbers on the GOP side do not translate to the broader electorate. Eighty percent of Democrats have an unfavorable view of Donald Trump