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Five Days Until Scheduled Execution of Troy Davis; Interview With Barry Scheck of the Innocence Project; Security at NFL Games; Interview With Alec Fraser of Turner Properties; Millionaire's Murder Trial; Four Miners Found Dead; Nancy Grace 'Dancing with the Stars'; Injured Sea Turtle Released; Palestinian Bid for U.N. Membership; Fullerton Police Face Second Federal Suit
Aired September 16, 2011 - 14:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RANDI KAYE, CNN ANCHOR: We are now five days and five hours away from the scheduled execution of a man who many people think is innocent, or at least was wrongly convicted. Troy Davis has spent 20 years on Georgia's death row for the killing of a Savannah police officer in 1989. At trial, the state relied heavily on the claims of nine witnesses, seven of whom have since recanted or contradicted their own testimony.
Yesterday, box loads of petitions were dropped off at the Georgia Board of Pardons and Paroles, which is Davis' last real hope for living beyond next Wednesday night. The board is due to meet Monday.
The boxes contain 663,000 signatures, and today many of those people will take part in what's being called an international day of solidarity. Rallies, marches, vigils, teach-ins and other events are planned across the country and abroad, from Britain to Japan to Australia. Some of the bigger U.S. events will take place in San Francisco, San Diego, Seattle, Chicago, Austin, Ann Arbor, New York, Washington, and Atlanta.
Still, the man who sent Troy Davis to prison is as sure now as he was then that Davis murdered Mark Allen MacPhail. This is MacPhail. He was 27 years old, a husband and father of two, when he was killed while trying to help a homeless man who was being attacked.
In the years since, the former Savannah D.A. has said very little on camera about Troy Davis' campaign for clemency. But in 2008, he said this --
(BEGIN VIDEO CLIP)
SPENCER LAWTON, FMR. CHATHAM COUNTY, GEORGIA, D.A.: I'm just disappointed that so many people have been led to believe that nobody has paid attention to these recantations. It is, as I explained earlier, simply not the case. It's just not the case.
And on what ground are the recantations more believable than the testimony in court? None. None.
(END VIDEO CLIP) KAYE: My next guest would disagree. You'll recognize Professor Barry Scheck for his many years of work on the Innocence Project, which he co-founded for the person of correcting mistakes made by courts.
Barry, nice to see you.
What would it take, in your view, for justice to be done in the Davis case?
BARRY SCHECK, CO-FOUNDER & DIRECTOR, INNOCENCE PROJECT: Well, the Board of Pardon and Parole, it seems to me, very obviously, has to just give him clemency, life in prison, because, you know, what you have to recognize now is that a federal court said -- the United States Supreme Court sent this case back for a special hearing which they hadn't done in 32 years.
A federal judge reviewed the evidence and said, look, this is by no means an iron-clad case, but I can't say based on what has been presented to me that he's actually innocent, meaning at least clear and convincing evidence of innocence. But that's a lot different than saying, is there a reasonable doubt? Is there a preponderance of the evidence, which is the burden of proof in a civil case supporting his innocence? I think there is at least that.
You've got to recognize that most of the eyewitnesses in this case recanted their testimony. There was ballistics evidence that that has now been demonstrated as unreliable that was a key element to the case. But when you look at the eyewitness procedures here, they're ridiculous.
KAYE: Right. And I know you feel so strongly.
SCHECK: They would never be done today.
KAYE: You feel so strongly about this, that you're actually sending a letter to the Board of Paroles. Is that right? What will it say?
SCHECK: Well, we sent a letter to the Board of Paroles and we're pointing out to them that this coming Monday, on September 19th, there's going to be the release of a report, a field study on eyewitness identification procedures that was done at a number of police departments, that demonstrates how certain techniques can be used which recently were recognized by the New Jersey Supreme Court -- and they're going to change the way courts all across the country deal with this -- that could have prevented the mistake in this case.
I mean, look, the police officers here took all the witnesses back to the scene and did a reenactment, and they all talked to each other. Every scientist will tell you that's insane. That is going to promote suggestion.
The police walked around with a single photo and were showing it to people. You could not, by today's standards, do anything worse in terms of creating a mistaken eyewitness case. And not only that, most of them recanted.
KAYE: Well, you know better than I do, but it certainly seems like it's pretty hard to overturn a death row conviction anywhere, and certainly to get new evidence heard. Is it harder in Georgia, as far as you know?
SCHECK: Oh, definitely. In Georgia, they have this insane rule that the courts will not even review the recantation of a witness unless you can demonstrate it's "the purest fabrication." In other words, by their definition, you have to be able to show that the witness was actually in jail, in another jurisdiction, or not even in the place where they say they made the observations.
Whereas, here, you had all these witnesses coming forward, recanting, and some witnesses who said that Red Coles (ph), who was the person that really fingered Troy Davis and everybody believes is really the perpetrator, had confessed to more than one person that he really committed the crime. So, bottom line, the Board of Pardon and Paroles simply has to say there's a reasonable doubt here, there's evidence -- a preponderance of the evidence, frankly, supports the position that this is a mistake.
It's not enough to reverse his conviction on the grounds of actual innocence, but it's more than enough that a jury would not give him the death penalty. And the Board of Pardon and Parole, really, the whole world is watching. We simply cannot execute Troy Davis when there's this risk of executing an innocent that's so clear.
KAYE: Barry Scheck, appreciate your expertise. I know you've been through a lot of these, and we appreciate you taking the time to come on and talk about it. Thank you.
SCHECK: Thank you so much, Randi.
KAYE: A death row inmate in Texas who was scheduled to be executed last night got a last-second reprieve. The highest court in the land stopped the lethal injection of Duane Edward Buck after he had eaten his last meal.
Buck was convicted of killing two people in 1995, one of them in front of her own daughter. The issue now is testimony from a psychologist who told Buck's jury that black or Hispanic defendants were more likely to commit future crimes. Buck will stay on death row while the Supreme Court reviews his appeal.
Police in London have charged a bank trader with fraud a day after his arrest in connection with about $2 billion worth of unauthorized deals at Swiss banking giant UBS. You see the man in question, Kweku Adoboli, in a photo taken from his Facebook page. The profile was taken down shortly after the news of his arrest broke.
He was expected to appear in court today to answer the charges of fraud and false accounting. So far, UBS is not commenting on the arrest.
Action on the football field. Fights and shootings in the stands. Is the NFL on the losing end when it comes to security? We'll tackle that question right after this quick break.
(COMMERCIAL BREAK)
KAYE: Has pro football become too violent? There's been a lot of recent talk about the issue. New rules are in place this season aimed at reducing injuries to players, but some critics say the real violence is not on the field, but in the stands.
Last Sunday, a fan at a Jets/Cowboys game got into a fight and zapped a guy with an illegal Taser. And a huge brawl erupted at a preseason game between the 49ers and the Raiders last month. In two other incidents at that game, a fan was knocked unconscious in a stadium bathroom, and after the game two men were shot and wounded.
The NFL says it's in control of things. A league spokesman says, "We will continue to be vigilant in protecting the safety of our fans."
AOL FanHouse columnist David Whitley strongly disagrees, writing in the sporting news -- he says, "NFL security is broken." He called on the league to "stop wasting their time with pitty-patty pat-downs or get serious about security. I'd prefer the latter."
Joining me now to talk much more about this is Alec Fraser, the president of Turner Properties and the man responsible for all of the security here.
So I guess you are the guy to ask about this. I mean, is the security that seems to be taking place there enough at that stadium?
ALEC FRASER, PRESIDENT, TURNER PROPERTIES: I think the NFL does a good job of seriously taking the issues that they have and doing a commonsense reaction to them. This is one or two events, and particularly with a Taser. To do a knee-jerk reaction, as sometimes happens in other security areas, is not the right thing to do right now.
They do have good security, but you have to understand, you really have to sort of balance the threat as we perceive it with a commonsense approach to what we can do about it. Pat-down searches -- do we need to go to metal detectors? Do you use the wands?
Generally, it's the wands and the metal detectors that are most effective. Pat-downs aren't. But it gives a sense to people that something is being done. And a lot of times it happens where somebody is bringing something that is illegal, but they're doing it by mistake. And then we can get into the alcohol.
KAYE: Some people though -- you know, I put out something on Twitter about this, and I got some tweets saying security seems like it's just for show at a lot of these games. I mean, are they really -- when they look in your purse, it takes them two seconds to tell me, "Oh, no, you don't have anything in there." I mean, I know I don't have anything in there, but what do you think?
FRASER: Well, I don't think it's for show. I think you have to have security where you're looking at things that are coming in. And is a pat-down really effective? Not totally.
If people want to get things in, they can. If there are things that shouldn't be coming in, are inadvertent, they can do that. But you have to slow the processes down and sort of look at the people in their eyes.
You can see the nervousness of it. And I think the security that you'll see in the NFL coming up is not so much at the entryways. It's how fast can you react to an event that's going on in the stands? Being aware of it.
So, if a security group can get to an incident like this, where the people are arguing back and forth, you know something -- they've been drinking -- you know something is going to happen. And it would be interesting if the security knew about that ahead of time and is sort of watching the situation. So bringing in things like tweets or a three-digit number to call, or something that the guy three rows back or the guy in front says, this isn't good, I'm going to call security.
KAYE: Right.
Tell me how it would work. I mean, how would they manage to pull off if they had to put in metal detectors or wands?
I mean, you think about all the people. I know you do it at an airport, but think about how long it takes. Imagine these fans standing outside, wrapped around the stadium trying to get in.
FRASER: You can't do it. I mean, to run a large event like this, or anywhere, a train station -- we do it at airports -- the lines would be long. People wouldn't go to the game.
I think Americans understand that when they go to public events, that the security is not 100 percent. It's not total. And we're willing to accept that, as long as we are responding to it in a commonsense manner.
The NFL is a very serious and very aware group. They're responding I think correctly right now.
KAYE: So, if you see something, say something. Go with that rule.
FRASER: I think that's the new thing. Everybody is responsible.
KAYE: All right. Appreciate that. Very good advice, Alec. Thank you.
FRASER: Thank you.
KAYE: Murder, they charged, but the suspect says it was an accident or maybe suicide. I'll take you to the trial when we come back.
(COMMERCIAL BREAK) KAYE: Diane Ward was shot to death in her own bedroom two years ago this month. Her husband told 911 that he shot her.
Today, Bob Ward, a millionaire real estate developer, is on trial for murder. These are live pictures from the trial. And everything except those first two facts that I told you is in dispute. It's happening in Florida, and my colleague Gary Tuchman is all over it.
(BEGIN VIDEOTAPE)
GARY TUCHMAN, CNN NATIONAL CORRESPONDENT (voice-over): Florida millionaire Bob Ward is on trial for the murder of his wife. His defense? She shot herself as he struggled to stop her. But it was a much different story he told on the night of her death two years ago.
911 OPERATOR: Sir, what's your emergency?
BOB WARD, DEFENDANT: I just shot my wife.
911 OPERATOR: You just what?
WARD: I just shot my wife.
911 OPERATOR: Where's your wife?
WARD: She's right here on the floor.
TUCHMAN: Three more times in the same 911 call, he admitted he shot her.
WARD: I just shot my wife.
911 OPERATOR: Where is the weapon at, sir? Is she breathing?
WARD: She's dead. She's done. I'm sorry.
TUCHMAN: Later in the call, Ward said the shooting was an accident, but there was never any emotion in his voice.
In court, a very different picture from his attorney.
KIRK KIRKCONNELL, BOB WARD'S ATTORNEY: This entire incident happened in the blink of an eye. Her death was an unexpected and tragic accident. No crime was committed by Bob Ward on the night of September 21, 2009.
TUCHMAN: But from the prosecution --
ROBIN WILKINSON, PROSECUTOR: Ladies and gentlemen, this case is about the fact that it was Bob Ward that shot her, almost dead between the eyes.
TUCHMAN: Police say his story changed during his police interrogation.
WARD: It was an accident and I will tell you more about it later.
TUCHMAN: His demeanor also changed as time went on and his bizarre behavior has made defending him more of a challenge. The emotionless man on the phone became the jokester as captured on jail video. Here he was doing a strip tease of sorts.
PAULA SAARE, SISTER-IN-LAW: I'll make sure that -- no, I wouldn't do that. Do you want to hear --
TUCHMAN: What makes this video even stranger is who is visiting him. The woman talking to him? Hid dead wife's sister. The woman in the background? Bob and Diane's daughter.
SAARE: She's had hundreds of phone calls about you and everybody is very, very supportive, you know.
TUCHMAN: The three in this video, all thought it was a hoot that the plumbing wasn't working in the cell.
MALLORY WARD, DAUGHTER: What a lifestyle change for you. I can only imagine. I know you're missing your bidet.
WARD: You can't even turn on the water. See this? No water!
M. WARD: He's showing there's no water.
SAARE: No water in the toilet?
WARD: Nobody seems to care, though.
M. WARD: Well, I do and I know you do. And I also want to let you know how nice I think you look. I've been trying to get you to wear pajamas for years now. A lovely fall collection you have on.
TUCHMAN: The prosecutors hope to build their case on these points. They say Bob Ward's DNA was found on the gun and that his wife was shot from more than a foot away, much farther than someone would shoot themselves. They say Diane Ward was about to give a deposition in a financial investigation against her husband, but the defense said Diane Ward had high levels of anti-depressant drugs in her system. It will be up to the jury to decide, which Bob Ward to believe. This one --
KIRKCONNELL: Diane Ward was killed by a single gunshot wound as she struggled with her husband over a loaded gun.
TUCHMAN: Or this one.
911 OPERATOR: OK, what's going on there?
B. WARD: I just shot my wife.
TUCHMAN: Gary Tuchman, CNN, Atlanta.
(END VIDEOTAPE) KAYE: "The Orlando Sentinel" reports the couple's daughter, Mallory Ward, took the stand yesterday. She testified about arguments her parents had in the past and how she sometimes advised them to drink less when they became "a little loopy."
I want to hear from you. Tell me what you think about this case on Twitter. My handle is @RandiKayeCNN.
For just 89 bucks, an in-your-face look at the harsh realities of the U.S./Mexican border. We'll take you on that tour right after this.
(COMMERCIAL BREAK)
KAYE: Deadly battles, illegal immigrants dying crossing the border between the U.S. and Mexico. We've brought you numerous stories about the contentious political issue of illegal immigration, but what's it really like along the border, especially where the unforgiving desert stretches for miles and miles.
Well, now you can get a first-hand look in the comfort of an air- conditioned bus.
CNN's Rafael Romo reports.
(BEGIN VIDEOTAPE)
RAFAEL ROMO, CNN SENIOR LATIN AMERICAN AFFAIRS EDITOR (voice- over): Judy McIntyre (ph) says she wants to see the harsh reality of immigration for herself. The 72-year-old Minnesotan traveled to Arizona specifically for that purpose.
JUDY MCINTYRE, TOURIST: Such a complicated issue. And there's so many sides to it, and people need to come together and work together.
ROMO: Experiencing the realities of the U.S./Mexico border up close is now as simple as buying an $89 ticket. The Tucson, Arizona, office of Gray Line Tours is offering a trip to the border called Border Crisis: Fact and Fiction.
BOB FEINMAN, TOUR OPERATOR: As we get closer to Nogalas -- and by the way, the mountains are part of the Santa Cruz Mountains.
ROMO: The tour operator bills the trip as a fact-finding mission. Tourists are taken for a walk in the unforgiving Arizona desert. Since last October, more than 130 migrants have died while trying to cross the Arizona desert, according to the U.S. Border Patrol.
UNIDENTIFIED FEMALE: I wouldn't make it three miles. It's just seems so desolate. And I'm not from Arizona originally, so I was just looking at the branches with the thorns that -- and I thought, what would happen if you were trying to get through a thorny -- it would just tear your clothes and your skin.
ROMO: The tour also includes a get-together with ranchers who want a more secure U.S./Mexico border.
DAN BELL, ARIZONA RANCHER: The border is secure in areas where it was easiest to secure those areas. The places that are really difficult to secure are the places that remain wide open, and those are the places that most of our ranches are located on.
ROMO: Tourists also hear from those who advocate easier access of migrant labor to the United States.
CHRISTOPHER CIRULI, FMR. CHAIRMAN, FRESH PRODUCE ASSN. OF AMERICAS: We need to facilitate trade between the two countries. We need to facilitate the people crossing between both. And we need to make sure that we have human life interests, whether it be the people working at the border or the people trying to cross it, that we're not causing more deaths in the desert.
ROMO (on camera): In the end, tourists are left to draw their own conclusions. The tour company claims the trip is intended to be apolitical and aims to educate and alert tourists to the realities of living on the border and the issues of life and death that play out every day in that part of the country.
Rafael Romo, CNN Atlanta.
(END VIDEOTAPE)
KAYE: The tour operator says that so far, about 100 people have taken the trip to the border with Mexico, and he expects that number to increase quite a bit when the temperatures cool down.
Stunned by the poor health and lack of fresh foods in her east Harlem neighborhood, where diabetes-related amputations and deaths are rampant, this week's CNN Hero is bringing nutrition to the street.
(BEGIN VIDEOTAPE)
GINA KEATLEY, CNN HERO: I grew up in very low-income areas. I saw a lot of poverty, homelessness as a child as well, but it taught me to redefine myself and not let your past determine your future.
When I moved to New York four school, I was living in East Harlem and there's very few places to buy fruits and vegetables and healthy food. We've seen most diabetic and obese of all the neighborhoods of Manhattan. People were super malnourished.
I saw the connection between poverty and obesity, and it just seemed unjust and I had to do something about it.
My name is Gina Keatley, and I'm giving nourishment to people who are literally dying for it.
You want some free collard greens? Come on over.
Change is possible. If you want somebody to try a tomato, you give them a tomato. It's inspiration. They to feel it, touch it, taste it, because people will not change unless something in them changes.
We go places other people will not go. We're giving out produce. We're doing classes.
You really can eat healthy on a low budget.
What are these?
UNIDENTIFIED KID: Greens.
KEATLEY: Great. What's this?
UNIDENTIFIED KID: Chicken.
KEATLEY: Chicken.
We really want them to start early on. It can set a ripple effect for the rest of their lives.
Say tortilla.
KIDS: Tortilla!
KEATLEY: OK. Good. All right.
But at the end of the day, the parents are the ones doing the shopping. So, we have to win them over, as well.
Thank you, guys. Thanks for coming.
When I see an in need child, it reminds of (INAUDIBLE) I didn't have, and I want them to see.
It's about pulling yourself up and never accepting no. And I can see it in people's faces. I think people are getting it.
(END VIDEOTAPE)
KAYE: And next week we'll be announcing this year's Top Ten Heroes on CNN.com, and you get to decide which one will be the CNN Hero of the Year. Vote for the hero who inspires you the most at CNN.com/Hero.
(COMMERCIAL BREAK)
KAYE: Now let's get you caught up on some of the stories you may have missed.
Today is the International Day of Solidarity for Georgia death row inmate Troy Davis. Support continues to grow for Davis, who has spent the last 20 years on death row for the killing of a Savannah police officer. He was convicted mainly on witness testimony and almost of all of those witnesses have now recanted.
That has united thousands of supporters all over the world from Britain to Japan to Australia. Petitions signed by more than 600,000 people were brought to Georgia Parole Board yesterday, ahead of a hearing on Monday. Barring a decision of clemency, Davis is scheduled to die by lethal injection on Wednesday.
British police say four trapped miners have all been found dead in a mine in Wales. The fourth body discovered just a short time ago. They became trapped on Thursday when their coal mine flooded.
Rescue officials say water rushed into the mine shaft from another abandoned mine. Pumps are being used to reduce water levels as the search continues. Three miners managed to escape including one who was hospitalized.
Well, you know Nancy Grace from her legal show on our sister network HLN, but now she's under a different spotlight. Nancy will appear on ABC's "Dancing with the Stars."
Earlier this morning, she, along with her dancing partner, talked to Kyra Phillips about what it's like. Take a listen.
(BEGIN VIDEOTAPE)
TRISTAN MCMANUS, "DANCING WITH THE STARS" PRO: Nancy Grace is picking up everything.
NANCY GRACE, CONTESTANT, "DANCING WITH THE STARS": Good.
MCMANUS: She listens. She listens to what she wants to hear.
GRACE: Go ahead. Listen, this is the deal. Day one dance practice, I'm minding my own business, trying to do the cha-cha, and then I hear, no, no, no! I'm, like, what?
KYRA PHILLIPS, CNN ANCHOR: You're getting some of your own medicine there, Nancy.
GRACE: He's talking to me. There's a little slap involved.
MCMANUS: Nancy is a professional dancer now so I'm going to treat her as such.
GRACE: You can see from that video there's nothing professional going on my part anyway.
PHILLIPS: No, I think your cha-cha looks pretty good. Tristan, did you have any idea how big of a name you were dealing with here? You know Nancy's reputation? She will eat you alive, pal, if you go against anything she says.
MCMANUS: Yes, she's trying to. She's trying to. I didn't have any worries coming in.
GRACE: Did you feel that?
MCMANUS: I didn't have any worries because to be honest I didn't know who I was dancing with. GRACE: You know, that is so sad because I looked on his computer, Google, Yahoo, who is the real Nancy Grace, just search after search so sad.
MCMANUS: You see the relationship that we have here. I don't generally get to finish anything I'm saying.
(END VIDEOTAPE)
KAYE: Looking good, Nancy. We'll be rooting for you.
Now an update on Sarah, the loggerhead turtle that beat the odds who survived a spear gunshot to the head. She was released on Wednesday appears to be doing just fine. A man found her with the spear in her head off the Florida Keys.
Veterinarians at the Florida Keys turtle hospital were able to remove the spear and assist her in recovery. A $16,000 reward is being offered for tips that lead to the arrest and conviction of those responsible for the injury of the federally protected loggerhead. Freedom for Sarah! Look at her. Woo, she's fast.
The time is now for a Palestinian membership in the United Nations. That was the message today from Palestinian authority President Mahmoud Abbas.
In a bid to ease Israeli concerns, Abbas says the Palestinian leadership does not seek to isolate the Jewish nation. His comments come just before next week's general assembly meeting in New York.
Joining us from the U.N. for much more on this, our Richard Roth. Richard, what do we make of this statement today?
RICHARD ROTH, CNN SENIOR U.N. CORRESPONDENT: Well, you know, the United Nations building is on 42nd Street here in Manhattan. If you go further west, you hit Broadway. We're kind of having a diplomatic high profile preview run of this Palestinian bid for statehood.
Certainly the Middle East is a much more serious matter. There's been so much confusion and questioning on how the Palestinians would proceed. The speech in Ramallah today by the Palestinian leader has gone some bit towards clarifying the situation, though it does leave maneuvering room.
The Palestinian leader stating that he will lead an effort for statehood at the United Nations when he comes here next week.
(BEGIN VIDEO CLIP)
MAHMOUD ABBAS, PALESTINIAN AUTHORITY PRESIDENT (through translator): Our decision which we have told to everybody is we are going to the United Nations Security Council the minute. I address my speech at the general assembly, I will hand the request to the United Nations secretary-general.
So he would take this request to the president of the Security Council. Our choice is the Security Council. As for the other options, we have not taken any decision yet. Any other option we haven't taken any decision. We will come back and reconsider them.
(END VIDEO CLIP)
ROTH: Abbas saying, though, people should not have any preconceived notions. He's not coming back for full independence for the Palestinian people. As he mentioned, there are still options on the table, Randi.
KAYE: So how does U.N. membership work, Richard? For those of us who don't follow it as closely as you do. What needs to happen?
ROTH: The Palestinian leader, as he indicated, is going to deliver a letter of application to the U.N. secretary-general who will quickly get rid of this hot potato and send it to the Security Council.
It is the Security Council, which must first approve anyone for membership before the general assembly considers it. The U.S., though, a permanent member of the Security Council says it plans to veto a Palestinian statehood bid, stating that it is not the time that the negotiations for an overall Middle East peace is more important.
And they should be conducted regionally. The other options that the Palestinian leader talked about, some complex arrangements, in the general assembly, but nothing gets the Palestinians the title of full U.N. membership.
KAYE: All right, Richard Roth at the U.N.. Richard, thank you very much.
Coming out of the Fullerton, California Police Department is under fire again for alleged brutality. More troubling allegations, another alleged victim is stepping forward. We'll take you live to Los Angeles in just 90 seconds. Don't go anywhere.
(COMMERCIAL BREAK)
KAYE: More allegations of police brutality in Fullerton, California, the list of alleged victims now growing. A third person has just gone public with troubling details in a press conference that wrapped up just moments ago.
If you've been watching this show, you know that we've been closely following the case of Kelly Thomas, the homeless man who was allegedly beaten to death by six Fullerton police officers. This latest alleged victim came forward to file a federal complaint against the Fullerton police chief and one officer possibly involved in other beatings including the beating of Kelly Thomas.
This is the press conference that took place just a short time ago, the third alleged victim claims that he was brutally beaten and falsely arrested last year. But what's even more stunning, we're told this victim also witnessed Kelly Thomas' alleged beating in July. I want to warn you the picture that I'm going to show you here is graphic, but it may give you an understanding of the brutality involved in Thomas' case and what his family attorney says is an example of a pattern or procedure of brutality by Fullerton police. Take a look with me.
This is Kelly Thomas before and after his alleged beating on July 5th, barely recognizable there. Witnesses say he was repeatedly beaten, kicked, tasered and hog-tied by six officers. But the allegations go beyond Thomas' case.
Let's go to David Begnaud. He's been covering this story for our affiliate KTLA. He was at the press conference earlier. David, This new federal complaint was filed against the police chief, the city of Fullerton and one specific officer. What exactly are the allegations?
DAVID BEGNAUD, KTLA REPORTER: The allegations here are against Officer Kenton Hampton, he is said to be one of the six involved in the Kelly Thomas death.
But what's interesting, Randi, is we just heard from a man by the name of Eddie Quinones, in June of 2010, Eddie says he was watching Officer Kenton Hampton arrest someone. He said he was about 20 feet away, at which point he says officer started walking toward him.
Eddie says he tends to be afraid of police because his father was shot and killed in a confrontation with police. So at some point, Eddie says he says to Officer Hampton, you're getting too close to me.
At that point, according to Mr. Quinones, he is handcuffed, sent to jail and charged with drunken public. There's just one big problem. His blood alcohol level was zero. The district attorney decided not to charge him. And now Mr. Quinones becomes another voice in the cry against this Fullerton police officer, Kenton Hampton.
KAYE: David, let me just point out for our viewers that we did reached out to Fullerton police about this latest complaint. They declined to comment saying that they haven't a chance to look at the complaint or the allegations.
But I know that Ron Thomas, Kelly's father, was also at this press conference. Let's listen to something that he said there and I'll get right back to you.
(BEGIN VIDEO CLIP)
RON THOMAS, FATHER OF KELLY THOMAS: But if they had done something at that time, this man would not have been beating my son to death. I hold them personally responsible because they had personal knowledge. They had complete knowledge of this man and his behavior.
(END VIDEO CLIP)
KAYE: David, we said that there were possibly as many as six officers involved here. Do you know about their representation? Are they it all being represented by the same lawyer? BEGNAUD: No. That's what's interesting. Five of them are being represented by one attorney, but Officer Kenton Hampton, the one officer singled out in three different incidents, has his own attorney.
And the city has asked one attorney to simply represent him. Also, Randi, I want to point out at the news conference not only Mr. Quinones, not only Mr. Thomas, but also Veth Mam in July 2010 was videoing Officer Hampton arresting someone.
At which point the video clearly shows Officer Hampton turned to him, he slaps the camera out of his hand, the camera falls to the ground, someone else picks it up and that's when the video records what is said to be Officer Hampton roughing up Mr. Veth Mam. Mr. Mam was charged, but again a jury found him not guilty.
KAYE: Just very quickly. It sounds like the pressure is certainly building to hold someone accountable here.
BEGNAUD: Yes. Indeed. We are looking that as early as Monday - go ahead.
KAYE: As early as Monday?
BEGNAUD: As early as Monday we're hearing the Orange County coroner will release that autopsy report, finally giving us a cause of death, sending it over to the district attorney.
And maybe as early as next week, the next two weeks, we could find out whether or not these officers will be charged in the death of Kelly Thomas.
KAYE: And the police chief, I just want to make sure I'm correct on this, has extended his paid medical leave, is that correct?
BEGNAUD: Yes.
KAYE: And do we know why that is?
BEGNAUD: Very he interesting. He went out on medical leave saying he had high blood pressure. That is according to sources within the city government. So he's been off 30 days, but just recently he came back on and said he needs another 30-day extension.
He has up to a year, but according to my sources within city government, they now want their own attorney hired by the city to come in and evaluate the chief because they want to see if high blood pressure is exactly what needs to keep him at home.
KAYE: David Begnaud, great reporting. Glad we had you there for KTLA and us as well. Thank you so much.
We're going to continue this conversation with the attorney who represents Kelly Thomas' family and this latest alleged victim. We'll get the very latest from him in just a moment so keep it here.
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KAYE: The allegations against the Fullerton police are widening, the list of alleged victims growing. The troubling allegations extend beyond Kelly Thomas, a homeless man who was allegedly beaten to death by six Fullerton police officers.
A third person has just gone public with details and a press are conference that wrapped up just a short time ago. The attorney who p represents Kelly Thomas' family and the latest alleged victim to come forward joins us now from Los Angeles.
Garo Mardirossian, the allegations in this complaint are very similar to your other client. What are you trying to establish with this new federal complaint?
GARO MARDIROSSIAN, REPRESENTS KELLY THOMAS FAMILY, VETH MAM, AND EDDIE QUINONEZ: Well, what we're establishing is that there's a rogue cop on the force. This gentleman has a fierce temper, and at the slightest incident he will grab you.
Throw cuffs on you, slam you against the wall, put you in jail, file false charges and then laugh at you. And this is none other than the same police officer that was the instigator in beating Kelly Thomas to death on July 5th of this year.
KAYE: Your client, Eddie Quinones, actually spoke at that press conference. I want to play just a bit of that then we'll talk to you in just a moment.
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EDDIE QUINONEZ, ALLEGES BEATEN BY FULLERTON OFFICER: He threw handcuffs on me and he slammed my head up against a wall and applied pressure to my head allowing my head to hurt even more.
(END VIDEO CLIP)
KAYE: Garo, why are come out now? Why did he wait? This happened about, what, a year ago.
MARDIROSSIAN: Eddie really not has waited. What happened to Eddie happened in June, June 27th of last year. He immediately went forward and filed a personnel complaint and filed it with the Fullerton Police Department.
They filed it received on July 1st. They've had more than a year. They have taken no action against this rogue cop, this cop with a fierce temper. Instead, they've completely ignored it. Had they done something about Eddie's complaint, then this man would not have been brutalized by the same cop
And if they would have done something about Veth Mam's complaint then Kelly Thomas would be alive now. As a matter of fact, the coincidence here is that Eddie Quinonez was on a bus the same night as Kelly Thomas was being beaten by six Fullerton police officers and the lead instigator was the same Kenton Hampton. Eddie was on a bus after he had just placed his bicycle on it and he was standing there when he saw the police activity. He was only about 50, 75 feet away where he clearly identified Kenton Hampton as the officer who jumped that the foray and began punching Kelly in the face.
KAYE: It's such an interesting connection the fact that he says he was violently beaten by police officers there and then he witnessed this beating death of Kelly Thomas. Has he spoken to the DA? And can you share with us anything that he told them in the Kelly Thomas case?
MARDIROSSIAN: Absolutely. As a matter of fact, the DA investigating officer who does investigations for this case by the name of Sam Barry approached Mr. Quinonez and took a full statement from him.
So Eddie Quinonez has not been hiding at all. He is a bit shy and he is afraid of the kind of retaliation that might be visited upon him. But otherwise he does not want this kind of incident to be repeated.
KAYE: Does his story match what the other witnesses have said happened?
MARDIROSSIAN: It matches very well what other witnesses have said, the fact that he saw Kelly being tased. He saw Kelly being beaten about the face with repeated punches in the face, being kneed, being struck when he's offering no resistance at all.
KAYE: So if there is indeed this pattern of abuse, you say, this officer that you mentioned may have been involved in all of these cases, and maybe there is a pattern of abuse of people on the street there in Fullerton, what needs to happen here to prevent another case just like these?
MARDIROSSIAN: Well, the police department needs to take these personnel complaints seriously. This pattern and practice of ignoring the complaints has to stop. They've got to look at the bad cops, the cops that are causing this type of brutality to be visited upon Orange County residents.
And they've got to do some kind of sensitivity training. If that doesn't help, fire them, get them off the force. There are plenty of good cops out there, plenty of good people that are qualified to be cops, and the few bad cops are giving all the good cops a bad name and tarnishing their badges.
That should not be happening and we want this to stop. There's going to be an event just tomorrow in Fullerton as a memorial for Kelly Thomas, and hopefully people will show p up for that.
It will be at the farmer's market starting at 2:00. We expect to have thousands of people there. There will be bands there. And this is all to remember what happened to Kelly and to stop this type of brutality in Orange County.
KAYE: When will we know for sure, Garo, what really happened to Kelly Thomas? What's the very latest on the coroner's report?
MARDIROSSIAN: Well, I think the record s from the medical center are very clear what happened to Kelly Thomas. He was assaulted, struck over the head with fists. He suffered brain death and then he died.
Now, the coroner I'm sure will agree with those findings, and when they do I hope that the DA will file charges against these officers.
And that should be happening in the next 10 days, at least from what the reports are coming from the department that they will be making a decision in about the next 10 days.
KAYE: And what do you make of the fact that Michael Sellers, the police chief, has extended his medical leave?
MARDIROSSIAN: Well, Michael Sellers needs to extend his medical leave indefinitely. Hamilton is doing a slightly better job. He started off doing the right things. But it looks like he's sort of falling into the same bad light that Sellers was in.
And they've got to stop doing things like citing people for honking their horns as they drive by at the demonstration on Saturday, which is what they did last week. As passersby would honk their horn as they have the freedom of speech to do.
They're screaming out. They're honking their horn and these Fullerton Police Department officers are very insensitive to this and they are pulling people over and citing them when over the last two months they had not been doing that.
And so I think Hamilton has got to tell them to stop doing that, be a little more sensitive, understand you work for us, we don't work for you.
KAYE: All right, Garo Mardirossian, we'll continue to stay on top of this story. As you know we have been and please do stay in touch with us as you get some new information. Please let us know. Thank you so much.
We also want to let you know we have reached out to the Fullerton police several times. They declined to comment on this latest allegation, latest complaint, saying that they haven't seen the complaint or allegations. But we will of course keep on top of that as well. We'll take a quick break. We'll be right back.
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KAYE: Time now for "Face the Music." Every day on the show we call out someone who is behaving badly. Today, it is straight out of Hollywood. Remember "Weekend at Bernies"?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: I know. He's meditating. UNIDENTIFIED MALE: No, he's not. He's dead, man.
UNIDENTIFIED MALE: Yes. We'll get the blood circulating and everything.
UNIDENTIFIED MALE: Come on, this way, this way. There we go. Come on. Move those feet, Bernie. That's it, boy.
(END VIDEO CLIP)
KAYE: Well, maybe two guys from Denver took a page out of that screen play. The "Denver Post" says prosecutors have charged Robert Young and Mark Rubenstin for taking their pal Jeffrey Jarrett out on the town. Only problem, Jarrett was dead.
That didn't stop them for taking him along for Mexican food, a round of drinks and even a visit to a strip club. Maybe their friend would have enjoyed it more if he was alive. The two guys haven't been charged in Jarrett's death, says the paper, but they will have to answer to charges of abusing a corpse, identity theft and criminal impersonation.
Investigators are still trying to figure out how Jarrett died. But here's the real kicker. Not only did they drive his body around all night, they used his bank card to help pay for their fun. According to the paper, Jarrett had invited one of the suspects, supposedly a friend down on his luck, along with a buddy to stay with him at Colorado State University for a few months.
When his so-called friend, Robert Young found him unresponsive at home, instead of calling 911, the "Denver Post" says he and the other guy loaded him into the car and drove straight to a bar, left him in the back seat and proceeded to have drinks on their dead friend's tab.
You cannot make this stuff up.
Hours later after a night on the town, the friends reportedly flagged down a police officer at 4:00 a.m. and told him that Jarrett might be dead. For that weekend in Denver, Robert Young and Mark Rubenstin, it is time for you to "Face the Music."
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