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NTSB: Plane Landed on Front Wheel First; Ohio Kidnap Suspect in Court
Aired July 26, 2013 - 10:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
RENEE MARSH, CNN CORRESPONDENT (voice-over): What's troubling, in the final four seconds before touchdown the NTSB says the plane shifted from two degrees nose up to three degree nose down.
(on camera): Does this open the door at all to the possibility of human error?
KEVIN HIATT, PRESIDENT, FLIGHT SAFETY FOUNDATION: Well, there could be some things that we'll take a look at in terms of why that nose gear touched down like that. Human error could be a possibility or it could be something else that is unknown at this time.
MARSH: Southwest tells CNN the landing scenario, the NTSB describes, "Is not in accordance with our operating procedures." This is now the second investigation looking at potential pilot error in a matter of weeks. Asiana Flight 214 crash landed at is San Francisco Airport earlier this month, killing three people.
Renee Marsh, CNN, Washington.
(END VIDEO CLIP)
CAROL COSTELLO, CNN ANCHOR: And again, we're keeping an eye on that courtroom in Cleveland. At any moment now, at least we think so, accused kidnapper and accused rapist, Ariel Castro, might enter that courtroom and plead guilty to all 977 charges against him.
We'll be right back.
(COMMERCIAL BREAK)
COSTELLO: All right live to that Cleveland courtroom. Ariel Castro has entered the courtroom. Let's listen.
(BEGIN LIVE FEED)
UNIDENTIFIED FEMALE: All rise.
Court is in session. Please be seated.
UNIDENTIFIED MALE: Thank you.
JUDGE MICHAEL RUSSO, CUYAHOGA COUNTY, OHIO COMMON PLEAS COURT: Good morning, everyone. We are here for two cases of the State of Ohio and Ariel Castro case 575419 and 574231. One of the first things this morning there was a motion filed by the state to amend the indictment pursuant to criminal rule 7-b. Do you wish to address that?
UNIDENTIFIED MALE: No, your honor. It speaks for itself. (inaudible)
RUSSO: In particular the motion seeks court to amend the indictment by deletion of the following language from count 977. Furthermore -- furthermore cause of that count in evidence pertains to SERS count one of Ariel Castro, a 1993 Mazda automobile; a 1999 Jeep automobile; a 1989 Toyota automobile, a 1982 Kawasaki motorcycle, 2004 Harley- Davidson motorcycle, 2000 Yamaha motorcycle and 2001 Yamaha motorcycle.
Also forfeiture language related to those items would be deleted as well pursuant to the state's motion. On behalf of the defense -- any objection?
UNIDENTIFIED MALE: No, your honor. We waive any defects and notice. Thank you.
RUSSO: All right that motion to amend for count 977 is granted.
COSTELLO: All right. Thankfully we have experts on the court here. So Page what just happened?
Wait, wait. I think Ariel is speaking. Let's just jump back for a moment.
RUSSO: I want to talk to the parties about the discovery process. On behalf of the defense in the case 574231, the demand for discovery was made and posted on June 14th of this year. Since that time, discovery has been ongoing and now there is a second case that the state has provided discovery equally for both cases under the one case number. Is that correct?
UNIDENTIFIED MALE: It is, your honor.
UNIDENTIFIED MALE: Yes your honor.
RUSSO: All right so under --
UNIDENTIFIED MALE: Your honor, I would provide you with the (inaudible).
RUSSO: Under criminal -- criminal Rule 16-b there has been a written demand so the prosecutor was obligated to provide copies of photographs or permit counsel for the defense to copy or photograph items that were material for the defense, that are related to the case or are intended to be used by the prosecutor as evidence at trial. Or belong to the defendant or his statements. He promises (ph) the state been engaged and done that?
UNIDENTIFIED MALE: Yes. Continuously and throughout this period of the pre-trial of this case, the defense counsel have been given CD cards, or DVDs where appropriate and access to certain items that were not provided in physical copies.
COSTELLO: They are just clearing up technical issues right now Page. Right?
PAGE PATE, CNN LEGAL ANALYST: That's what they did initially.
UNIDENTIFIED MALE: -- we've had ample discovery in order to properly evaluate the merits of the state's case and the potential defense on behalf of Mr. Castro. And there are no discovery issues presently that are in dispute. Thank you.
RUSSO: Thank you.
UNIDENTIFIED MALE: And there have been some items consistent with Criminal Rule 16-c that were designated for counsel only materials that's what's been supplied.
UNIDENTIFIED MALE: Yes your honor.
RUSSO: And you had a chance to receive those, review them on behalf of your client?
UNIDENTIFIED MALE: We have them. Thank you.
RUSSO: And to share its contents if not the exact items, correct?
UNIDENTIFIED MALE: You are correct.
RUSSO: All right.
UNIDENTIFIED MALE: Judge, one additional point, when we were last here, there was specific statements made about Ohio VCI DNA reports. Those were turned over on the 24th and were acknowledge by signature by the defense and specifically referring to two reports. One dated July 9th, some 20 pages. And one July 23rd, 35 pages.
RUSSO: Consistent with Criminal Rule 16-e, there is a right of inspection in case of sexual assault. Has that been complied with on behalf of the defense?
UNIDENTIFIED MALE: There is no objection your honor. It has been complied with.
RUSSO: In a similar fashion there is a reciprocal duty of disclosure by the defense, talking to the prosecutors having made disclosure of the items that he may have wished --
UNIDENTIFIED MALE: We have.
RUSSO: Is that correct?
UNIDENTIFIED MALE: They have, your honor thank you.
RUSSO: And as the parties change witness list going to trial? That type of information?
UNIDENTIFIED MALE: We're well aware there are witnesses, your honor.
RUSSO: It is my understanding that there has been plea agreement reached by the parties. And I just want to make sure -- Mr. Castro, you understand that by virtue of any plea that would go forward and be accepted by this court each side is giving up the right to obtain certain information in consideration of reaching a plea agreement. Are you aware of that?
ARIEL CASTRO, ON TRIAL FOR RAPE AND KIDNAPPING: Yes, your honor.
RUSSO: All right there may be other things that the state could have pursued. But I believe that they have -- in consideration of the agreement ceased some of those opportunities and your counsel has been aggressively and actively preparing for trial.
But in light of the negotiation process, they have ceased doing some ever those things because they feel that this agreement was what you wanted to do. Are you aware of that?
CASTRO: Yes, I am, your honor.
RUSSO: Thank you.
Mr. Castro have you had a chance now to read and review the newer indictment which is 977 counts in case 575419?
CASTRO: Yes, I have.
RUSSO: And did you have a chance to discuss that indictment with your counsel?
CASTRO: We have many times.
RUSSO: Do you understand that there are numerous charges, some of them have the same type of claim or allegation, but they stand different time periods and different incidents that are alleged. Are you aware of that?
CASTRO: Yes, I'm aware of that.
RUSSO: Thank you.
Mr. Castro, you are here because I have been presented with what is marked as state's exhibit 1 which purports to be a written plea agreement and recommended sentence to this court. Have you been in receipt of this document?
CASRTO: I have it in front of me.
RUSSO: And have you had a chance to read this document?
CASTRO: Ok, yes.
RUSSO: You read it? CASTRO: I have. It's like 11:00 o'clock yesterday morning so --
RUSSO: All right you've had a chance to talk to your attorneys about this and ask them any questions?
CASTRO: Yesterday, I did. And this morning I did also.
RUSSO: All right they met with you, correct, this morning?
CASTRO: That is correct.
RUSSO: And this is signed by a number of people, signed this original state exhibit 1, is that correct?
UNIDENTIFIED MALE: We have, your honor.
UNIDENTIFIED MALE: Yes, your honor.
RUSSO: You have signed this on behalf of the state, is that correct?
UNIDENTIFIED MALE: Yes, your honor.
RUSSO: Finally Mr. Castro there is a signature here in the signature line, is that your signature as Ariel Castro consistent with this plea agreement?
CASTRO: The one on the upper right-hand corner, yes.
RUSSO: On page 18.
CASTRO: Correct.
RUSSO: All right. So this is your signature.
CASTRO: That's correct.
RUSSO: Mr. Castro my understanding from meeting with your counsel and counsel for the state was that a plea agreement has been reached in this matter. Are you fully aware of the terms and do you consent to that plea agreement?
CASTRO: I am fully aware and I do consent to it.
RUSSO: Do you understand that by virtue of a plea you will not be having a trial?
CASTRO: I am aware of that.
RUSSO: Let me ask Mr. McGinty (ph) here or someone else from the prosecutor's office to generally outline the plea agreement and that -- talk with your attorneys and ask them some further questions and then I will speak with you again. If you have questions for me at any time please ask them. If you need to take a break at any point again please let me know. Ok?
CASTRO: I will. RUSSO: Thank you. Mr. Travis.
UNIDENTIFIED MALE: Thank you. May it please the court before we begin the recitation of the outline of the plea, I would make a motion to amend the indictment as to the Jane Doe, Jane Doe one is Michelle Knight throughout the indictment. Jane Doe two is Amanda Berry throughout the indictment. Jane Doe three is Georgina De Jesus throughout the indictment. And Jane Doe four is Jocelyn Berry, date of birth 12/25/2006, throughout the indictment.
RUSSO: Any objections to that proposed amendment?
UNIDENTIFIED MALE: No objection.
RUSSO: All right.
The counsel correspondent to the various Jane Does one, two, three, four will be amended so it will now incorporate instead of Jane Doe number one, it will be Michelle Knight; Jane Doe number two will be Amanda Berry; Jane Doe number three will be Georgina De Jesus; Jane Doe number four, Jocelyn Berry, date of birth 12/25/2006. Mr. Thomas.
UNIDENTIFIED MALE: Thank you, judge. The broad outline of the plea and I know you will go through the documents in detail is as follows. The parties have agreed to a negotiated recommended sentence for the court and we ask the court to accept it based on the contract before you.
As to count one, count two would be merged into count one and the court with a finding of guilty of both on the (inaudible) of aggravated murder and the sexually violent predators specifications would impose by statue the only sentence available of life without parole. And the defendant understands that it means exactly that. That he will never receive a parole date hearing in the state of Ohio penal system.
That sentence for the remaining -- will be followed by the remaining counts for an aggregate term of not less than 1,000 years to be applied consecutively. That is to follow the life without parole sentence. Again, the defendant understands that by virtue of this construct, he will never be eligible for parole hearing in the state of Ohio.
By virtue of this plea agreement, it's also understood by the parties of the defendant of what the possibility of reindictment for potential capital punishment specifications which could result in the death penalty being imposed upon him.
The plea agreement at page 9, paragraph 13, lays out in detail that approximately 40 counts are to be (inaudible) as merged within the body of the offenses. The net count will be 937 offenses after that merger is applied, the dismissal of those 40 counts detailed in paragraph 13.
Upon successful completion of the plea agreement in 575419, the state will move to dismiss in its entirety the lower case 574231. There has been full discovery provided by the state of Ohio, open discovery as we've already touched on and other than the agreement between the parties before you, there are not other promises (inaudible) -- thank you.
RUSSO: Thank you.
(inaudible) Is that the -- your understanding on behalf of your client of the plea agreement?
UNIDENTIFIED DEFENSE ATTORNEY: Yes, your honor. As Mr. Castro has indicated, he has had ample time to review the written plea agreement as well as discuss the contents of that agreement and it is our understanding that he will withdraw his formally entered pleas of not guilty and enter pleas of guilty as they are outlined in this written plea agreement. And there were no threats or promises to induce the change in forthcoming pleas. In particular, though, he is aware that this will be finality for purposes of this indictment and that the state of Ohio will not pursue additional indictment with the death specification. Thank you.
RUSSO: In other words, Mr. Castro, each side feels that they are giving up something in order to reach this agreement. Are you aware of that?
ARIEL CASTRO, ALLEGED KIDNAPPER AND RAPIST OF THREE WOMEN: I'm aware of it. I would also like to say that when first got arrested and interviewed, I told Mr. -- I said to Dave that I was willing to work with the FBI and I would tell them everything.
RUSSO: Now, the prosecutor mentioned one thing about life without parole. I want to make sure that you do have that understanding. That's one of the significant features of the plea that being proposed by the state. Ok.
CASTRO: Ok.
RUSSO: The law states a prisoner serving a sentence of life in prison without parole under (inaudible) is not eligible for parole, will not receive parole, and will be in prison until death. Do you understand this?
CASTRO: Yes, I do, your honor.
RUSSO: Do you believe for any reason that you will be released from prison before you die of natural causes?
CASTRO: Excuse me?
RUSSO: Do you think there is any reason, any hope that you might be getting out of prison before you die?
CASTRO: I don't think there is any reason, no.
RUSSO: Has anybody ever told you that the law could change and that you might be released?
CASTRO: I -- that was one of my concerns with my attorneys. They assured me that nothing is going to change.
RUSSO: All right. So you understand, you will be in prison for life? You don't need to have the expectation or the hope of getting out, is that clear?
CASTRO: I do understand that, your honor.
RUSSO: Has anybody told you that people sentenced for life without parole have been released before their deaths? Has anybody made that representation to you or given you that hope or expectation?
CASTRO: I heard it through the media that Mr. McGinty (ph) was trying to get an inmate out of death row.
RUSSO: Do you understand that is not going to happen here pursuant to this agreement?
CASTRO: I do understand, your honor.
RUSSO: You will not be getting out, is that clear?
CASTRO: Yes.
RUSSO: Finally sir, do you understand, Mr. Castro, that upon entering this plea, you will never be released from prison?
CASTRO: I do understand that and I say that to -- Dave, the sex crimes that I know I was going to get pretty much the book thrown at me.
RUSSO: Sir, you have been represented for several months now by Mr. Schlachet and Mr. Weintraub do you have any reason to believe that they don't have your best interest in line with regard to your decision to plead guilty in this matter? Do you feel they are working in your best interest?
CASTRO: Yes, I do. They were recommended by my uncle and said they are good lawyers.
RUSSO: Do you understand the advice that they have given to you to the present time?
CASTRO: Yes. I do, your honor.
RUSSO: Have you been allowed to ask questions about your case?
CASTRO: Yes, I have.
RUSSO: Have they answered your questions to your satisfaction?
CASTRO: Yes, they have.
RUSSO: Did they go over the discovery information with you that they have been provided by the state?
CASTRO: Yes, they have. RUSSO: Did they go over the statements that have been made in this matter, not just your statements, but statements of other parties and witnesses? Have they gone over those with you?
CASTRO: Yes, they have. There's only few things that I haven't gone -- I haven't learned about is, you know, items that have been taken from my house and stuff like this.
RUSSO: You haven't seen a complete catalog of all the evidence?
CASTRO: That's correct.
RUSSO: But you are aware that the attorneys have received that information and Mr. Schlachet and Mr. Weintraub shared with him the information.
CASTRO: I am, your honor.
UNIDENTIFIED DEFENSE ATTORNEY: We have, your honor.
UNIDENTIFIED DEFENSE ATTORNEY: We have, your honor.
RUSSO: Was there any advice given to you by your attorneys that you don't understand? Any questions you have for me at this point?
CASTRO: Not right now. I pretty much understand everything. I put my trust in them because I know they are good lawyers. There is something that I have to -- I don't comprehend because of my sexual problem throughout my whole years but pretty much, yes, I understand what they have been telling me.
RUSSO: They explained a lot to you as it is in Ohio and you understand that?
CASTRO: Yes, I do, your honor.
RUSSO: Now, under criminal rule 11, this is negotiated plea in a felony case, so underlying agreement (inaudible) based shall be stated on the record in open court. We have evidence of that which is state's exhibit 1 which will accept in part of our record but also in talking with you, we have to make an oral record and I have to be sure that you understand your rights, potential charges, potential penalties, and what -- what will ultimately happen so that -- so that at the end if you plead guilty I can make the representation and I will signify that you do understand that you will be doing all of this knowingly, intelligently and voluntarily. Is that clear?
CASTRO: I do understand, your honor.
RUSSO: And as I go forward, I have already told you based upon the plea agreement and your understanding of the charges you are not going to be released from prison. However, under Ohio law there are some penalties and obligations that are attendant upon any plea for certain counties.
So for instance, I have to advise you about (inaudible) control, whether it's mandatory, whether it's discretionary, length of time. I have to advise you about that even though you are not getting out of prison. So it's kind of counterintuitive. Do you understand and let me know if you have questions about that, correct?
CASTRO: Yes.
RUSSO: Also along with the plea, there's classifications of sexual offender. So this (inaudible) occurred during the time that the law changed so that this was made as law up until January 1, 2008, and after that Adam Walsh Act. So even though you won't be getting out of prison I'm obligated to go over those issues with you prior to your sentencing and -- you will have to -- I will go over the forms with you and read them ahead of time that we are still giving to you and you are really not going get out prison, you know have to understand --
(END LIVE FEED)
COSTELLO: All right. We want to talk about what's happening right at this moment. And Page Pate, we know that Ariel Castro is going to plead guilty to some 937 counts. He's going to get life plus 1,000 years. The court can't re-indict him for anything. The death penalty is taken off the table. What's the judge doing now?
PATE: Well, in every criminal case, the judge has to make sure that the defendant knows exactly what he is getting into. He is going to outline the terms of the deal. He's going to talk about the offenses, possible punishment, possible defenses. Have you discussed all of this with your lawyer?
The judge has to go through that in any criminal case and especially one that's this serious for capital punishment is a possibility.
COSTELLO: Well, as time consuming as it is, the judge is going to dot all the Is and cross all the Ts.
PATE: Absolutely because if he didn't then Mr. Castro could come back years later and say look, I didn't know what I was doing and that could possibly vacate this plea.
COSTELLO: Let's talk about the emotion of the case, Jason Johnson because Ariel Castro said a couple of things where we both raised our eyebrows, right. He said to the judge, "I knew I was going get the book thrown at me." He also talked about his sexual problems. I don't understand exactly what he meant by that. He said "I don't understand some things because of my sexual problems."
JASON JOHNSON, CNN CONTRIBUTOR: Yes. I didn't know how that affected his ability to read. I also thought it was interesting, he said I was going to tell the FBI from the very beginning that I was going to work with them all along. This is a different Ariel Castro. I know he is monstrous no matter when you see him but he seems almost at peace. I mean you know, every other instance we saw him he seemed twitchy, he seemed strange. I think this guy knows he's going away forever and he will probably be in solitary. They cannot put him in general population. He would be killed. COSTELLO: What do you think about that Page?
PATE: Ultimately that's up to the people that run the prison. If they think he's going to be a risk to anyone else or other people are going to be a risk to him, then yes, they can segregate him. But they won't do it forever. He's in there for the rest of his life.
COSTELLO: Yes. And he certainly understands that because the judge asked him that a million times, right?
JOHNSON: Yes.
COSTELLO: As far as closure for these women, I don't think -- I don't know -- It would be difficult for them to have any kind of closure. Even though they know he is behind bars for life now.
JOHNSON: There is no -- you lost ten years of your life. I mean there is no closure. I think -- I think emotionally, for the city, for those individuals, there is never a way that you can get past something like this.
For some definitely, some of their family members, knowing that he is alive, even if it is in prison, will leave them angry for the rest of their lives. A lot of people still hurt.
COSTELLO: You were going to add --
PATE: Well, we know for a fact that the district attorney would have gone to the victims' families before they approved this deal. That's something they have to do in any criminal case and especially one this serious. They would have gotten their approval before they did this.
COSTELLO: Ok. So the judge is still making sure that Ariel Castro understands this plea deal and all that it entails. But just to recap before I let you go: life plus 1,000 years, the death penalty is off the table, the state can't re-indict Ariel Castro for anything so they can't come back and say we are going to charge you with murder now, capital murder charges. They can't do that, right?
PATE: No, they can't do that.
COSTELLO: So he's in -- je is going to be in prison plus a thousand years. So suffice it to say he is never going to see freedom again. We are going to continue our coverage.
But that's it for me. I'm Carol Costello. Thank you for being with me.
NEWSROOM will continue. We will go back to Cleveland right after this.
(COMMERCIAL BREAK)
PAMELA BROWN, CNN ANCHOR: Hello, everyone. Nice to have you with us on this Friday morning. I'm Pamela Brown, in for Ashleigh Banfield. A very busy news day today.
