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Legal View with Ashleigh Banfield

Case of Missing Malaysian Airlines Flight Reveiewed; Latest on the Uniuversity of Cincinnati Police Murder Case. Aired 12:30-1p ET

Aired July 30, 2015 - 12:30   ET

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

[12:30:17] RANDI KAYE, CNN: At first the search focuses on the South China Sea where the plane fell off the radar, then it shifts to the southern Indian Ocean where it's believe the plane turned off course, early on numerous false leads.

Oil slick in the ocean of Vietnam, a floating yellow object thought to be a life raft turns out to be sea trash and Chinese satellite images showing three white objects floating near the planes last confirmed position, turns out those images where released by mistake, the search area moves again in late March.

HISHAMMUDDIN HUSSEIN, MALAYSIAN ACTING TRANSPORT MINISTER: MH-370 flew at a higher speed than previously thought, which in turn means that used more fuel and could not travel as far.

The Australian authorities have indicated that they have shifted the search area approximately 1100 kilometers to the north east.

KAYE: Hi-tech listening devices called towed pinger locators are deployed along the bottom of the sea, listening for sounds form the pinger attached to the black box, and they pick up a signal.

It's the first sign of hope.

TONY ABBOTT, AUSTRALIAN PRIME MINISTER: We have very much narrowed down the search area and we are very confident that the signals that we are detecting are from the black box.

KAYE: But the signal fades before the black box is located, autonomous underwater vehicles which map the ocean floor are also used, 22 planes and 19 ships on the hunt, still no answers.

More than 16 months since the disappearance, authorities are still looking for the missing plane, but with much fewer resources.

ABBOTT: It can't go on forever, but as long as there are reasonable leads the search will go on.

KAYE: This latest discovery perhaps the lead they were waiting for.

(END VIDEO CLIP)

KAYE: I want to get to two professors now to help us look at this case from a slightly different angle, professor Larry Kobilinsky is a Forensic Scientist form John Jay College of Criminal Justice and Professor Charitha Pattiaratchi is an Oceanographer at the University of Western Australia, welcome to both of you.

Larry, first to you on this, we know have some evidence here, we have this piece of an airplane wing, it has some barnacle on it, now can barnacle, those little creatures, I mean on an airplane wing really tell us something that we don't already know?

LARRY KOBILINSKY, FORENSIC SCIENTIST: Well, the answer is may be, barnacles come in a lot of different variations, there are probably about a thousand different species, they can be distinguished both through DNA, genetically and also by their appearance morphologically.

So marine experts can differentiate species, now the interesting thing is that different species occupy different areas of the world, you might find very different species to the Indian Ocean, then you would find elsewhere for example. So by analysis of the barnacles on the flaperon, by determining the species, one can basically track the path that this plane element took as it floated toward Reunion Island.

We may be able to narrow down the search area, because right now we're talking 2,500 miles 2,400 miles...

KAYE: Right.

KOBILINSKY: ... from the area that we searched, now we could narrow that down, maybe find the plane.

KAYE: So you're saying that it can actually help may be then map out this piece of debris, its journey in fact.

KOBILINSKY: It's true that was done with the Shroud of Turin, by looking at pollen and you could map where it went, and so the same thing with this debris, that fortunately floated to the island, you cold map out, you could track it's path.

KAYE: One more question about these barnacles Larry, I mean can we tell how long each barnacle has actually been hanging on therefore and would that be significant?

KOBILINSKY: That is significant as well, because these barnacles secret a cement which is probably one of the hardest cements known to mankind, and the longer they are there the more cement is secreted, so you can get a rough idea when these barnacles attached and how they've been growing.

So yeah, putting it all together there is more information than one might imagine.

KAYE: Professor Pattiaratchi, let me ask you, I mean is this location of the wreckage where it was found there on this Island of Reunion in the middle of the Indian ocean, is it consistent with your predictions where something might have turned up, if it wasn't indeed found?

CHARITHA PATTIARATCHI, PROF. UNIVERSITY OF WESTERN AUSTRALIA: It is entirely consistent with our predictions using computer models also based on, you know, the general oceanography in the region, where we have an anti-clockwise gyres. [12:35:04] So any debris originating from the crash site that they are searching would end up towards west and that's what we are seeing.

KAYE: And Professor Pattiaratchi...

PATTIARATCHI: Interesting, our predictions were telling that it should -- the debris originating from the crash site should reach around about this time, after the crash. So what our computer models are also consistent in terms of the timing as well.

KAYE: That's what I wanted to ask you, because I mean if this is indeed a piece of the wreckage from MH-370 we figured it would've been in the water now for about 500 days, so given the timing that is how long you think it would've taken to travel about 2,700 miles or so to that area?

PATTIARATCHI: Yes, but you had to also remember that debris that were talking about or any articles in the surface may not be going in a straight line, it's not we're driving along a road in a straight line, they go meandering, they might actually go back, they might be trapped and then maybe go round and round for -- you know, may be went up to a months.

So it's not necessary that they actually go directly from the crash area to Reunion Island, there is a whole number of different pathways that it can take before it ultimately got there.

KAYE: And Professor Pattiaratchi, again you know these oceans well, you study these oceans, given that this piece did end up over there, what do you think the azar that there could be more wreckage from this airplane if it is indeed this airplane that might have traveled to that same area.

PATTIARATCHI: There's a very high likelihood that would be more debris arriving in that particular region in the weeks to come.

KAYE: All right, I'm sure investigators will keep an eye out for that.

Thank you very much Larry Kobilinsky and Charitha Pattiaratchi, appreciate your insight there.

So the Indian Ocean is a huge place and like every ocean, it's filled with currents including gyres and through those gyres a piece of debris could travel thousands of miles, and we'll get the picture from CNN Weather Center, when we come back.

(COMMERCIAL BREAK)

[12:40:24] KAYE: A major development in the search for the Malaysia Airline Flight 370. A piece of debris found on an island in the Western Indian Ocean, thousands of miles from the search zone appear to be from Boeing 777. And MH-370 is the only triple seven that is missing.

So, let's take a look at how piece of debris could possibly make its way across the Indian Ocean, with CNN meteorologist Jennifer Gray. Jennifer, given what we know now about the currents in the Indian ocean and where investigators think MH-370 actually went down, it sounds like it possible that a piece of the plane could have drifted that far, right, in about a year and a half now?

JENNIFER GRAY, CNN METEOROLOGIST: Yeah absolutely I mean this can drift very, very far, thousand of miles.

In fact, we know that just from the tsunami in Japan. Nine months later, we started seeing debris on the West Coast of the United State.

This is probably one of the most interesting illustrations of that that I have seen. This is a drift.org. And you can see, this is Reunion Island where that debris was found.

If you go back in time, a year in four month, this is basically all of the areas where that debris could have originated from. It's all based on probability. But you can see, those areas shaded in red, that's where the highest probability that some of this debris could have originated from.

What interesting, is if you look right here, this is basically where they are searching and also right here, these are the two areas that are pinpoint with a highest probability and this was one of the areas where we have those very last pings where we -- the last we heard of that aircraft. So, it's interesting to look at going back in time where it could have originated from.

We are talking about these gyres. And I want to show you on the map what we're looking at. We have the North Pacific Gyre, of course, a lot of that debris from the tsunami in Japan ended up on the West Coast.

Now, we're looking at the Indian Ocean a debris coming from possibly Western Australia all the way over to Africa.

Definitely, possible because the ocean are constantly in motion, they are constantly turning. And so it's not going to flow in a straight line though.

These gyres do flow in that circular motion but in the middle of these gyres, they're very small eddies and it can stay there for a very, very long period of time.

The eddies aren't moving at a very fast rate. And so, this can get stock in the middle of these gyres we were talking a months ago about this garbage patches out there in the ocean.

And so, we can look at stop searching for very, very long period of time. Some things will get to the other side of the ocean right are quickly while others will just sit there for years and years, Randi.

KAYE: Yeah and you mention those garbage gyres, I mean I remember doing a story on that and that cause a lot of problems because they were looking for airplane debris and they thought some of the garbage was the airplane debris and it turn down to just a garbage. But if there is more airplane debris out there floating, I mean, where else could that wash up knowing where the current are flowing and how those gyres work or could it just drift on forever without washing up anywhere?

GRAY: Well, it could, I mean it could actually end up -- more could end up of the Coast of Africa, more could end up possibly circling back around to Australia. It could get caught in a current and actually goes South of Australia and end up in a completely different ocean.

And so there are endless possibilities of where this could be. But you have to look at this as a positive that we possibly found one missing piece if this puzzle that we've been trying to solve for over a year now.

KAYE: Yeah, still quiet a mystery.

All right, thank you very much Jennifer Gray, I appreciate that.

The death unarmed black man with the hands of a police officer in Cincinnati has re-ignited anger across the nation.

The whole thing was caught on body cam.

And after this break, we'll talk more about the big role that those little cameras are playing now.

(COMMERCIAL BREAK)

[12:47:39] KAYE: More now on the Cincinnati murder, allegedly committed University Police Officer, Ray Tensing who's now an ex- police officer pleaded not guilty not this morning of charges of murder and voluntary manslaughter.

Police say that he pulled over Samuel DuBose because DuBose's car was missing a front license plate.

Well, here are the critical moments captured on the officer's body camera.

(BEGIN VIDEO CLIP)

RAY TENSING, UNIVERSITY POLICE OFFICER IN CINCINNATI: OK, well, until I can figure out if you have a license or not, go ahead and take your seat belt off for me.

SAMUEL DUBOSE: I didn't even do nothing.

TENSING: Go ahead and take your seat belt off. Stop, stop.

(END VIDEO CLIP)

KAYE: Later in the video, Tensing tells his version of events to other officers, listen to this.

(BEGIN VIDEO CLIP)

TENSING: Go back inside sir, go back inside.

Now, he's dragging me now?

UNIDENTIFIED MALE: Yeah. You're good?

TENSING: I'm good. I had step my hand on my own (inaudible) and saw it.

UNIDENTIFIED MALE: Yes, I saw that.

TENSING: I think I'm okay.

UNIDENTIFIED MALE: What was he's reaching for?

TENSING: He start reaching around, I told him to step out of the car, (inaudible) the license. So I kind of put drag, start taking off and reach that. And, I shoot one round out of me put off when he got my hand caught in the car.

I walked around (inaudible).

UNIDENTIFIED MALE: Are you OK?

TENSING: I'm good, got dragged by him. Got caught this by far.

(END VIDEO CLIP)

KAYE: The prosecutors' office now says footage from a third body camera exist though it's not clear how much that officer saw of the actual shooting. No word yet on when that will be released.

Meanwhile the family of victim appeared on CNN's NEW DAY saying that they would have been able to get justice without those cameras.

TERINA DUBOSE-ALLEN, SISTER OF SAMUEL DUBOSE: I think that if there had not been a body camera, that they would have been left with the memory of everyone saying that he was basically trying to kill a police officer. They would have turned a non-violent man who was loved into a foster child for violence against police officers.

[12:50:19] So no, I do not think we have gotten justice. I do think that something may have happen. But I would think it would have been anything that would have vindicated Sam.

(END OF VIDEO CLIP)

KAYE: Joining me now is CNN Legal Analyst and Attorney for the DuBose family Mark O'Mara, also with us CNN Legal Analyst Phillip Holloway who was also a former police officer.

Mark, first to you, what was your reaction when you saw this video?

MARK O'MARA, ATTORNEY FOR DUBOSE FAMILY: My first really was disbelief because I was still waiting after the shot. I was waiting for it to happen because I was actually anticipating some type of an argument, some type of an escalation of an animosity between the two.

I have look at it the third time, second and third time to realize the shot happened in my opinion with no promulgation and whatsoever. And as actually -- I think Sam was trying to deescalate the situation more than Tensing was.

KAYE: And now Mark, we're hearing about this third-body camera, the officer's attorney is talking about it. Listen to what he said.

(BEGIN OF VIDEO CLIP)

STEW MATHEWS: I think he has tried to create great prejudice against my client. But fortunately that was we have courts for because when all the evidence comes out, I think that there will be a different version of what went on here.

KAYE: Mark, have you seen this third-body camera recording?

O'MARA: Yeah, it could be from the officer in retraining that was there as well.

I have seen the second one and I think the second one which just shows the officer is getting off after he fell after the murder. It doesn't really offer much in sight through it. We want all the evidence not just the videotapes of course. But it's all going to be very consistent with exactly what happened on the first video which is on call for a murder.

KAYE: Phil, I get to you in just one second. One more question for Mark.

I mean Mark, what do you make of the fact though we know that Tensing's fellow officers are backing him up and they are supporting his story? What do you say to that?

O'MARA: You know, something I'm very concern as -- and, you know, I've defended police officers in the past. I think police are great people for the most part.

But let me tell you something. When there is one vet cop, you indict the cop. Where there's two bad cops, you may have to indict the department and that second officer lied as badly as Tensing lied.

First Tensing lied to protect himself and to get away with something he never should have done.

The second officer and right behind him it said things like I saw him with he was dragged. This is what -- that is horrific. That is bad almost as the unmitigated murder of Sam when you lie about it.

KAYE: Phil, let me bring you in it, were you surprised that all by the prosecutors tune, I mean we heard the prosecutor call the officer's behavior act denying, suggesting as well that he purposely shot Sam DuBose, what did you think of that?

PHILLIP HOLLOWAY, FORMER PROSECUTOR: No, Randi, I was surprised at all by the prosecutor's tone because I saw that video, I watched it multiple times. And if the officer was dragged by the car or even knocked down it's because the person behind the wheel was dead.

The video very clearly shows and video cameras don't lie. It shows the officer firing around into his head before the vehicles starts to move. That is not proper police work. That is an unjustifiable use force and it is illegal and it may very well be a murder, it might be a manslaughter. But it's definitely a criminal homicide.

KAYE: And Mark, is that what you saw? I mean, did you see DuBose step on the accelerator before he was shot or was that a reaction? Do you think from what you could tell on that tape after he was shot?

O'MARA: My interpretation was the officer tried to open the door. It got open an inch and Sam closed it, then the he said, "What are you doing?" The officer, he started up the car. He did not -- there was no forward movement. The officer raise his hand and that's when Sam's hand was up and a gun shot went off.

In my opinion, I reviewed that a number of times now that car did not move forward until Sam was dead when he open to the right side of the car and his foot went forward onto the gas pedal and that's when it accelerated out within.

KAYE: And Phil, you were a police officer at one point in time, I mean, it's been said that now campus belief, the prosecutor were saying that should not be armed if patrolling campus. Do you agree with that? I mean, do you think it should be left up to the cities?

HOLLOWAY: Well, I don't have a problem with campus police officers and certainly them being armed. They have to be able to defend themselves. But this guy was hired Randi to control the University of Cincinnati campus. He wasn't hired to go out into Cincinnati at large and play traffic cop or state trooper.

[12:55:05] When I was a police officer at Georgia Tech, we had plenty to do all the campus and we did not need to get out very far into the city of Atlanta to make traffic stop, checking on people's driver licenses. The officer was not hired for that purpose. He should have been on campus doing that job rather than being a traffic cop out in Cincinnati.

KAYE: Phillip Holloway and Mark O'Mara, nice to see you both. Thank you.

O'MARA: Great. Thanks very much Randi.

HOLLOWAY: Thank you.

KAYE: And this just into CNN.

U.S. government officials would like very much to have a word with the man from Minnesota who killed the famous and much loved lion in Southern Africa.

This is Walter Palmer. He's a dentist who says that he thought everything was (inaudible) when he shot to death 13-year-old lion known as Cecil.

A favorite among tourist and photographers who travel to Zimbabwe to see him and you can see what a beautiful animal he was.

Walter Palmer is now in hiding, his practice on hold at least for now.

The U.S. Fish and Wildlife Service says that it's investigating Palmer's hunt and the death of Cecil the lion. This from Fish and Wildlife today.

"At this point in time, however, multiple efforts to contact Dr. Walter Palmer have been unsuccessful. We ask that Dr. Palmer or his representative contact us immediately."

We will of course continue to watch that story as well as all the breaking news that we have been covering today.

Thanks so much for watching. I'm Randi Kaye. Wolf starts after a quick break.

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