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Germany Sending Intel Team To D.C.; Anti-NSA Rally In Washington Today; Barney's Accused Of Racial Profiling; Pirates Kidnap Two U.S. Citizens; Jonbenet Grand Jury Docs Released; Daughter Sobs In Macneill Murder Trial; Health Care Fix Promised For November; Kennedy Cousin Gets New Trial; Ceelo Pleads Not Guilty To Drug Charge; United Fined For Passenger Delays; What Starbucks Costs Around The World
Aired October 26, 2013 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: We have much more straight ahead in the NEWSROOM and it all starts right now. Hello again, everyone. I'm Fredricka Whitfield. Welcome to the second hour of the CNN NEWSROOM this Saturday afternoon. Here are the top stories that we're following for you.
The U.S. admits snooping on 35 world leaders, some of our biggest allies, France, Germany, and Mexico. Within the hour, thousands are expected to protest in D.C. because of the latest spying scandal.
And shoppers at one high end department store in New York say they were racially profiled after buying big ticket items. Now Barney's and NYPD are being targeted in what could be a big dollar lawsuit.
Two Americans kidnapped after pirates attacked a U.S. ship off the coast of Nigeria. What's being done to track down the members of the oil supply vessel's crew?
An intelligence team from Germany is preparing to come to the U.S. after claims the NSA spied on foreign leaders. Those claims have sparked sharp criticism of the U.S. German Chancellor Angela Merkel said this week it is, quote, "severely shaken," unquote, relationships between Europe and the U.S.
Jim Boulden is live for us right now in London. Jim, what is the latest from Germany? What are they going to do?
JIM BOULDEN, CNN INTERNATIONAL CORRESPONDENT: Well, what we are hearing is that Germany is going to send its head of foreign and domestic intelligence to the U.S. to meet you would assume the heads of the NSA, the CIA, the homeland security, to really sit down and discuss this because Germany, of course, as you say is very unhappy to learn that it's likely the chancellor's cell phone was monitored.
It is interesting in Europe. Usually you get an E.U. delegation to talk to the U.S. at some level. But this is each country saying we're very, very unhappy to think that you have done this to an ally. So they want to send high level delegations, Fredricka, to Washington, and to demand I think to say we want to make sure you tell us this isn't going to happen again. This has been rumbling, of course, for weeks and months. There's a very different feeling here in Europe about data protection. As the Edward Snowden reveals have come out, there's been a very different level I think of anger here. But when you start to say and hear that possibly the individual leader's phones were monitored, that takes it to a whole new level here in New York -- Fredricka.
WHITFIELD: So Jim, when you talk about Germany's high delegations that will be on their way to the U.S., what about some of the other countries that have been great allies of the U.S., but whose feathers are a little ruffled all of this as well?
BOULDEN: Yes, French President Hollande has also made it clear I think that he will be wanting to speak to the U.S. as well on this level, and on Friday, the prime minister of Spain, Rajoy, said that they will be calling the U.S. ambassador to Madrid. We have seen this -- several countries have done this as well. And each individual country in Europe has a decision to make, if they want to call in the ambassador. But again it is each individual country wanting to do this, want to look face to face to the U.S. and say don't do this again -- Fredricka.
WHITFIELD: All right, Jim, thanks so much from London. Appreciate that.
All right, so here in the U.S. protesters are gathering in Washington right now for a rally against NSA surveillance. That starts in about 30 minutes or so from now. Erin McPike is joining us right now from the nation's capital. So what is expected during this protest because Washington is no stranger to large gatherings, but what's different this time?
ERIN MCPIKE, CNN CORRESPONDENT: That's absolutely right, Fred. Well, this is apparently going to be the largest rally against NSA surveillance, but this is more about the domestic side of it. Edward Snowden, the whistleblower who really started this entire controversy has endorsed this rally. The big message is stop watching us.
And the message here essentially is that they're upset that the NSA is spying on personal communication of people within the United States. Now, it doesn't really fall on partisan lines. We're seeing a broad spectrum of politicians and speakers, everyone from Justin Amash, who is a very conservative Republican congressman from Michigan all the way to Dennis Kucinich, who as you know is a very liberal Democrat that ran in two presidential primaries.'
But again as I mentioned that's more about the domestic side of it. More broadly speaking, as I said before, this doesn't really follow on partisan lines, and the administration has admitted that this has caused them some serious headache and some challenges in dealing with allies like Germany, especially.
And just yesterday night, Hillary Clinton was speaking at Colgate University and she was asked about this controversy and she sort of addressed the difficult line that the administration has to walk. Take a listen. (BEGIN VIDEO CLIP)
HILLARY CLINTON, FORMER SECRETARY OF STATE: Part of our difficulty is everybody just runs flat out. I know from my own experience that the information gathering and analyzing has proven very important and useful in a number of instances. But I do think people have a right to complain if it's gone over the line and if they have been -- if their privacy has been unnecessarily, unfairly invaded, so we've got to look at the whole system.
(END VIDEO CLIP)
MCPIKE: Now, of course, the administration has acknowledged those frustrations as well, and they know that those German officials will be coming over to the U.S. to have some meetings, but we don't have any details about the meetings just yet -- Fred.
WHITFIELD: Thanks so much, Erin McPike in the nation's capital. Tomorrow on CNN's "STATE OF THE UNION" Candy Crowley will talk exclusively to Congressman Mike Rogers about the latest development on NSA surveillance. Rogers is the chairman of the House Select Committee on Intelligence and that's on "STATE OF THE UNION" tomorrow morning, 9:00 a.m. Eastern Time.
A luxury store is under fire for allegedly racially profiling some of its customers. Two people are suing Barney's in New York, claiming store clerks called the police after they bought big ticket items at the store. Now angry fans are asking rap star, Jay-Z, to end his multimillion dollar deal with Barney's.
Nick Valencia has been following this story. So Nick, a few things, you have the investigation or people who were upset with the store and then you have the pressure they're putting on a music mogul to say cut ties with the store.
NICK VALENCIA, CNN CORRESPONDENT: Right. He has this new holiday line as you mentioned at this luxury retailer and they're asking him to end the relationship. They are very upset. There are a lot of people actually, Fred, have come out and said they had similar things happen to them. It all started when 21-year-old Cayla Phillips was approached by four undercover plain clothes officers after leaving the Barney store.
She said she was embarrassed, attacked, asked where she got the money for this expensive handbag, about $2 500 for that handbag. She was eventually let go, but that didn't stop her from being embarrassed, so much so she filed a lawsuit. Her and her lawyer seek $5 million in punitive damages and they are looking at Barney's and the NYPD as well.
Fred, this happened before, with a 19-year-old as well, another black college student says he was detained, held in that store, and racially profiled as well. He was eventually let go, apologized to, but some upset people --
WHITFIELD: And questioned because he purchased an expensive belt, but almost everything in that store is expensive.
VALENCIA: Too expensive for my taste, I don't know, but it is exactly right. They were going after him because they said how can you buy this, you're a young college student, 19 years old. Where do you get $350 for a belt? So he was approached, detained. They are verified his credit card with the bank, he was eventually let go. A lot of people like I said online are shouting, saying this has happened to them.
WHITFIELD: And so Barney's, what's their approach to this, how do they defend themselves, how do they say or assure people no matter who you are, you come in willing to buy these things, make the purchase, you're not going to be harassed afterwards.
VALENCIA: Barney's is distancing. They sent a statement to us along with other media outlets, which read in part, "No customer should have the unacceptable experience described in recent media reports and we offer our sincere regret and deepest apologies. We want to reinforce Barney's New York has zero tolerance for any form of discrimination." As far as the petition, change.org petition asking him to stop doing business with them, that has 5,000 signatures.
WHITFIELD: All right, Nick Valencia, keep us posted on where it goes and if Jay-Z ever does respond. He is touring overseas now, but it will be interesting to know what he has to say, since his name has been brought into it, unbeknownst to him until it happened. All right, thanks so much, Nick.
New details are out in the cold case murder of Jonbenet Ramsey. Court documents from 14 years ago are just now coming out, putting the spotlight on her parents.
But next, pirates have kidnapped two U.S. citizens. Now officials are worried the attack could be a warning that there's a new danger at sea.
(COMMERCIAL BREAK)
WHITFIELD: A mystery off the coast of Nigeria. Two U.S. citizens kidnapped by pirates, the captain and chief engineer on a U.S. owned oil supply ship, the latest victims of violence in West Africa's pirate infested waters. Here is Barbara Starr.
(BEGIN VIDEOTAPE)
BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): The two American Mariners, the captain and chief engineer were kidnapped off this ship named "The Sea Retriever," attacked while traveling off the coast of Nigeria, resupplying oil installations. U.S. officials say here in the Gulf of Guinea, it was another act of piracy on the high seas.
MARIE HARF, STATE DEPARTMENT DEPUTY SPOKESWOMAN: We are seeking additional information about the incident so we may contribute to safely resolving this situation. Obviously our concern at this point is for the safe return of the two U.S. citizens. STARR: The Sea Retriever is owned by the Louisiana-based company Edison Suez Offshore. Attacks against Nigeria's oil facilities, shipping and personnel are rising steadily, 62 last year, an increase from each of the two years before.
CAPT. DAN MARCUS, PRESIDENT, INTERNATIONAL OF MASTERS, MATES AND PILOTS: They're out for anything they can get their hands on, cargo theft is a large part of it, be it machinery, supplies, be it the actual fuel, be it prisoners that they take ashore and hold at ransom, kidnapping essentially. They're looking for money.
STARR: The rise in violence off Western Africa is in marked contrast to the decline in attacks off Somalia on the east coast. Where the world's attention was riveted in 2009 when Navy SEALs rescued Captain Richard Phillips after he was held by pirates, now, a Hollywood thriller starring Tom Tanks.
Since the SEALs sniper team killed Phillips' captors, maritime security has significantly improved off Somalia, but off the coast of Nigeria, a different story. Even now, European warships are off the coast, part of an exercise to improve security in this very unsettled oil-rich area. Barbara Starr, CNN, The Pentagon.
(END VIDEOTAPE)
WHITFIELD: A 14-year-old court document finally unsealed in the Jonbenet Ramsey case, but does evidence that comes out of that make much difference? Is it relevant or not? What's inside that document next?
But first, each week we shine a spotlight on the top ten "CNN Heroes" of 2013. You can vote for the one that most inspires you at cnnheroes.com. This week's honoree made it his mission to clean up trash dumps in America's rivers.
(BEGIN VIDEOTAPE)
CHAD PREGRACKE, DEFENDING THE PLANET: Sixty seven thousand tires, 951 refrigerators. 233 stoves, it is crazy what you find in the rivers. I grew up on the Mississippi River. Around the age of 17, I really started to focus on the problem. Eighteen million people get their daily drinking water from the river. I am thinking this should not be like this.
This stuff just collects here and goes on for blocks like this. It is a bad deal. I said you know what, no one is doing anything about it, I will. I am Chad Pregracke. We removed over 7 million pounds of garbage from America's rivers.
Are you guys ready? Our primary focus is the Mississippi River. You guys, amazed in two hours how much stuff we get.
In all, 22 rivers in 18 states. We do everything in our power to get people excited about it. End of the day, it is just you're out there picking up garbage.
UNIDENTIFIED FEMALE: Is this a basketball?
PREGRACKE: Yours, totally yours. Little by little we're getting it. You're having fun, we will have fun.
UNIDENTIFIED FEMALE: You get my going for sure. I didn't think I would be singing karaoke on a boat.
PREGRACKE: People want to see change and are stepping up to make change. That was the last bag, come on, let's give it up! Yes! This is a problem people created but a problem people can fix.
(END VIDEOTAPE)
(COMMERCIAL BREAK)
WHITFIELD: Grand jury documents have been unsealed in the Jonbenet Ramsey case, nearly 17 years after the six-year-old's death. They show the grand jury in 1999 voted to indict her parents on charges of child abuse resulting in death, but the district attorney at the time did not file charges. I asked Jane Velez-Mitchell what she thought about the D.A.'s decision.
(BEGIN VIDEOTAPE)
JANE VELEZ-MITCHELL, HOST OF HLN'S "JANE VELEZ MITCHELL": I think it was a very wise decision because many, many years later in 2008, a D.A. ultimately apologized to the Ramseys and said we have officially exonerated you and we are so sorry that we kept you under a cloud of suspicion for so many years, on top of the fact that you suffered the tragic death of your daughter.
Now, unfortunately that apology came too late for Patsy, she had already died. But the truth is to update an old cliche, you can indict a veggie burger, that's what these grand juries do. They sort of follow the lead of the authorities. And there's been a lot of criticism of how the authorities handled this case right from the very start.
That they had their blinders on, that they refused to look anywhere else, but at the Ramseys, and they sort of hung their hat on the fact of, well, the ransom note was written on a note pad that belonged to the Ramseys in the Ramsey home. And a couple of other key facts like that and drew these conclusions from that.
The bottom line is that there was an unidentified male DNA in the child's undergarments that didn't belong to any member of the Ramsey family. They need to find out who that DNA belongs to. And I do believe that there is somebody out there, if they're still alive, who was responsible for this horrific crime. It is not the Ramseys, and they need to find that person.
WHITFIELD: Wow, hard to believe she was just six years old and if not for that tragedy, she would be a young woman in her early 20s. Let's move on to a murder case on-going, on trial now in Utah, the doctor accused of murdering his wife to be with his mistress. What's been the key moment of this case this week? MITCHELL: Well, the real emotional bombshell was Rachel, the adult daughter of the defendant, and adult daughter of the victim as well, taking the stand and she is sobbing convulsively. They had to stop at one point because she just was so overcome with emotion. Imagine how emotionally shattered she must be.
She says her dad was her best friend, grows up to come to believe, and this is her belief, that her dad murdered her mom. That's what he is on trial for and she describes one suspicious thing after the next that Dr. Macneill, defendant on the day and the preceding days after his wife was found unresponsive in this tub and ultimately dead, lifeless.
The fact that he brings in his mistress to meet the family at a Mormon temple and pretends he doesn't know her, says, she seems nice, and just a short time after that, suddenly this nanny, this mistress, is the mistress/nanny brought into the house as a nanny, but not doing nanny work, just making goo goo eyes according to Rachel at Dr. Macneill.
I mean, it's just so incriminating and the thing about it, she's so genuine and the emotion is so real, not like with Jodie Arias, you can see it, it is very believable, very credible.
(END VIDEOTAPE)
WHITFIELD: Jane Velez-Mitchell, thanks so much. As it pertains to the Jonbenet Ramsey case, the attorney for the Ramsey family, Lin Wood, did release this statement yesterday saying this. Quote, "The documents released today validate John Ramsey's position that the Boulder district attorney should release the entire grand jury record and not just four pages from an 18-month investigation that produced volumes of testimony and exhibits," end quote. The Ramsey's attorney pointed out the grand jury didn't have DNA evidence from 2008.
All right, the man brought in by the White House to fix the health care web site says it is fixable by next month. But Republicans are still turning up the heat.
(COMMERCIAL BREAK)
WHITFIELD: All right, here are some of the stories trending online right now. Four officers were hurt during a violent standoff in Roseville, California. Police say a man identified as Samuel Durand led officers on a foot chase and then barricaded himself inside a home. He surrendered after a SWAT team surrounded the house. Three officers and an ICE agent were hurt in the chase.
JPMorgan is going to settle with financing giants Fannie Mae and Freddie Mac. The company will pay $5.1 billion to resolve claims over risky mortgages. It is also in talks with the Justice Department over another settlement based on similar claims.
And multi-Grammy winning producer, Quincy Jones is suing MJJ Productions Inc and Sony Music Entertainment for breach of contract. Jones was the producer of Michael Jackson's best selling solo album "Off The Wall," "Thriller" and "Bad" and he says material from those albums were used in projects released after Jackson's death without giving him, Quincy Jones, credit or fees.
All right, now to the latest on the government health care web site, there's a new time line on getting the glitches out of sight. But as our Joe Johns explains, the heat is still on Health and Humans Services Secretary Kathleen Sebelius.
JOE JOHNS, CNN CORRESPONDENT: Fred, the president's management guru, Jeff Zients, who has been brought in to help says the web site is fixable and he promised healthcare.gov would be running smoothly by the end of November. But they aren't bringing in any new government contractors. One of the existing contractors involved in the original design of the web site, a company known as "Quality Services" or QSSI, a division of United Health Care Group will manage the project.
Meanwhile Republicans continue their drum beat of calls for secretary of health and human services to step down. Kathleen Sebelius said she didn't foresee the problems, but told a panel discussion in San Antonio to sign up, check out Obamacare and not believe what they've heard. Sebelius and the head of the Centres for Medicare and Medicaid Services are expected to testify on Capitol Hill next week, but that won't be the end of the investigation.
Congressman Darrell Issa, the Republican's top investigators on Capitol Hill threatened to issue subpoenas if the administration doesn't turn over documents related to the web site on Monday. The administration has said it plans to comply with the request, but needs more time.
As for the party of the president, a total of ten Democratic senators are now calling for extension of open enrolment date for Obamacare past the end of next March. Senator Dianne Feinstein of California and Kay Hagan of North Carolina among others joined New Hampshire Senator Jeanne Shaheen, who has been the leading the effort to help people that don't have health insurance more time to get it -- Fred.
WHITFIELD: Thanks so much, Joe Johns in Washington. So even if the health care web site is fixed in a matter of weeks, has the political damage been done? CNN political editor Paul Steinhauser has a look at some of the polls.
PAUL STEINHAUSER, CNN POLITICAL EDITOR: Hi, Fred. When it comes to new health care exchanges, even President Obama admits the rollout of the web site has been a mess.
(BEGIN VIDEO CLIP)
BARACK OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA: There's no sugar coating it. The web site has been too slow. People have been getting stuck during the application process and I think it is fair to say that nobody is more frustrated by that than I am.
(END VIDEO CLIP)
STEINHAUSER: And you agree only 12 percent of those questioned in a CBS News poll out this week say the process was going well, with almost half giving a thumb's down. The top Republican in Congress says the web site problems are just the beginning.
(BEGIN VIDEO CLIP)
REP. JOHN BOEHNER (R-OH), HOUSE SPEAKER: When you look at the problems with Obamacare, all the focus lately has been on the web site. Literally there are problems with the web site, but I would argue that the problems go much further than that.
(END VIDEO CLIP)
STEINHAUSER: And 56 percent questioned in an ABC News/"The Washington Post" survey agree, saying the web site's failures are a sign are broader problems to come. Four in ten say they were an isolated incident. But here's the thing, the massive issues with healthcare.gov don't appear to be affecting support for the overall law, support either slightly edged up or remain steady in five national polls including our own out this past week -- Fred.
WHITFIELD: All right, thanks so much, Paul.
Congressman Fred Upton, the chairman of the committee that heard hours of testimony this week over glitches in the healthcare.gov web site put Obamacare on the chopping block in the GOP weekly address released today, saying this, quote, "At a time when we can do everything from ordering a pizza, flowers, airline tickets or banking and paying bills, they expect the same reliable service from healthcare.gov and it is still not ready for prime time," end quote.
A member of the Kennedy family is hoping to get out of jail after his conviction for a 1975 murder is thrown out, does Michael Skakel have a shot at freedom? Our legal guys weigh in next.
(COMMERCIAL BREAK)
WHITFIELD: Kennedy cousin, Michael Skakel, is trying to convince a judge to let him out of prison on bail while he awaits a new trial in the 1975 murder of his neighbor, Martha Moxley. Skakel has been behind bars more than a decade after being convicted of murdering her when they were both teenagers. A judge threw out his conviction earlier in the week. Randi Kaye takes a looks at the evidence in this long running murder mystery.
(BEGIN VIDEOTAPE)
RANDI KAYE, CNN INVESTIGATIVE CORRESPONDENT (voice-over): One of the first pieces of evidence police find at the scene of Martha Moxley's murder is part of a stainless steel golf club shaft, about a foot long, another smaller piece of the bloodstained club is also found along with the head of the six iron all covered in blood. Investigators also find several patches of blood in the area. The medical examiner determined Moxley sustained five to ten blows to the head and at least four stab wounds from the broken golf shaft.
DORTHY MOXLEY, MARTHA MOXLEY'S MOTHER: They hit her so hard that the golf club broke and they took the shaft and stabbed her with it six or seven times.
KAYE: If Michael Skakel murdered Martha Moxley, where is the forensic evidence linking him to the brutal crime? There isn't any. No fingerprints, no footprints, not even his blood is found at the scene, also there is no trace of defense wounds on Moxley. This is Skakel's defense attorney the day he was arraigned in March 2000.
MICKEY SHERMAN, SKAKEL'S FORMER DEFENSE ATTORNEY: There is no scientific evidence or anything that links Michael Skakel to the crime.
KAYE: This affidavit reveals prosecutors relied on the word of witnesses, a challenge because of the more than 20-year gap between the murder and the trial. One witness tells police Skakel brought up the murder telling her he had been drunk at the time and might have committed the murder during a blackout.
Another witness reports he broke down in tears crying I don't know if I did or didn't. I don't know. And finally, a third witness claims Skakel admitted murdering Moxley with the golf club when she, quote, "did not submit to the advances." The same witness says Skakel told him because he was related to Ethel Kennedy he could get away with murder.
(on camera): True TV reports other evidence collected at the scene includes a human hair belonging to a white male but doesn't match any suspects. The single hair belonging to an African-American male found on a blanket is dismissed to belonging to one of the first officers at the crime scene.
(voice-over): There is this, a composite sketch of someone witnesses saw in the neighborhood. Skakel believes it would have convinced the jury he didn't do it if only the jury had seen it. His defense attorney never showed it during the trial. The unused sketch is one of the key reasons Skakel argued his defense lawyer was incompetent and that he deserves a new trial.
At a recent hearing to push for his client's freedom, Skakel's new lawyer presented the composite sketch and a picture of Kenneth Littleton who worked as a tutor at the Skakel home. He had also been questioned at the time of the murder. Littleton's lawyer has told reporters he's innocent. Robert F. Kennedy Jr. is Skakel's cousin.
ROBERT F. KENNEDY JR., MICHAEL SKAKEL'S COUSIN: Michael was a 11 miles away with five eye witnesses at the time that the murder was committed. He has an airtight alibi.
KAYE: With his conviction set aside, Michael Skakel now has a second chance to prove it. Randi Kaye, CNN, New York.
(END VIDEOTAPE)
WHITFIELD: So let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor joining us from Cleveland, good to see you, and Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well. RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Hi, Fred.
WHITFIELD: OK, so Gentlemen, this is really a fascinating case, is it not? Richard, you mention that you are good friends with Mickey Sherman, the lawyer that represented Michael Skakel in the trial in 2002, and while you hear the judge say it was an ineffective representation, that Mickey Sherman is guilty of here, and that's why they believe Michael Skakel deserves a new trial, you say actually the problem is ineffective judging. So Richard, explain more.
HERMAN: Well, a couple things, Fred. First of all, whether he can get out on bail pending new trial, that's the first issue, and because the government is going to appeal this judge's decision, he is not getting out. So until that determination is made, I think he is going to remain incarcerated.
Number two, what the judge found, and the appeal is not based on any review of the facts of the case, that's not what the appeal or decision was based upon, it is premised upon a boiler plate claim that's made by every convicted defendant on appeal in an ineffective assistance of counsel, it is boiler plate, thrown into every appeal, and it is rarely granted.
Here it is interesting to me a state court judge after all this time would find a lack of attention to detail, incoherent defense, and half hearted investigation by Mickey Sherman, a seasoned, a seasoned veteran criminal defense attorney, Fred, who put in over a thousand hours of time into this case, presented an alibi defense.
It was confronted, Fred, with his own client's connection to the work. Wait, wait, he is connected to the murder weapon. He gave three point blank admissions, Fred. Sometimes defense cases are extremely difficult.
WHITFIELD: Avery, what do you mean there's more than that?
FRIEDMAN: Yes, I mean, this judge wrote 136 page opinion.
HERMAN: Meaningless.
FRIEDMAN: It is not an appeal, and basically looked at what the defense lawyer did and basically said this guy was -- he charged for the trial and getting ready and the judge was clear through a series of events, the lawyer frankly constitutionally did a lousy job. Does that exonerate Skakel, by no means, I am in agreement. Briefs are due Monday morning on the question of whether or not Michael Skakel gets out of jail, I agree. We're going to see an appeal process, as there should be.
WHITFIELD: What would be argued Monday, what would be said, what needs to be said for him to, A, get a new trial, or even B, be released?
FRIEDMAN: They're basically arguing that look, he was -- ineffective assistance of counsel equals exoneration and there is no basis for that argument. So I think the prosecution will succeed on appeal. I don't think Michael Skakel is getting out of jail until this case is retried or some deal is worked out.
WHITFIELD: Richard?
HERMAN: Fred, let me just say that I know Mickey Sherman personally and, you know, we as defense attorneys get hit with these motions all the time on appeal, but I just want to say, Fred, if it was me on trial, I would hire Mickey in a heartbeat to defend me in a case. That's how good he is. And I think the judge has it all wrong here, you're the judge, Fred, and I think it will be -- I think Mickey's representation will not be tarnished in this particular case. He did an outstanding job.
FRIEDMAN: And he was happy about the result. Mickey Sherman was happy about the result, even though the judge said he was incompetent.
HERMAN: Happy for the client.
WHITFIELD: In your view, both you gentlemen, if it comes to another trial, do you feel the evidence will hold up or because of technology there might be more evidence that would be able to be presented in this case? Avery?
HERMAN: It is over 40-year-old murder case here, Fred. Look, you have consciousness of guilt, you have three point blank admissions, you have dozens of incriminating statements by Skakel, and you have a consciousness of guilt, very difficult, difficult case.
WHITFIELD: Quickly, Avery?
FRIEDMAN: Technology may make a difference. We will have to see what happens after the appeal is completed.
WHITFIELD: We have another case to tackle coming up. This one involves singer Ceelo facing a criminal charge. We will be back.
(COMMERCIAL BREAK)
WHITFIELD: Singer and "The Voice" judge Ceelo Green has pled not guilty to one count of giving a controlled substance to a 33-year-old woman. The woman claims the 38-year-old Grammy-winning R&B singer slipped her ecstasy as they dined in a downtown restaurant last July and then allegedly took advantage of her in her hotel room. Prosecutors declined to charge him with rape of an intoxicated person, citing insufficient evidence. He was granted bail and is due back in court at the end of November.
Avery Friedman in Cleveland, Richard Herman back with us in Las Vegas. So Avery, you first, how serious is the case when that one felony charge hasn't been pursued. We are still talking about some serious criminal investigation involving him.
FRIEDMAN: Yes, you've got furnishing Ecstasy, which is obviously a felony, up to four years if convicted. What's mind blowing to me is I don't understand why the district attorney didn't go with the second charge of sexual assault. They argued because she had dated Ceelo in the past there would be no way that he could have sexually assaulted her.
I don't care if they were married. Sexual assault is sexual assault and I think there should have been two charges, not one. In any event, I think it is big trouble, and actually NBC should be shaking in their boots as to their number one rated show, whatever happens to Ceelo will impact that programming. All over the place, civilly, criminally, it is a mess for Ceelo right now.
WHITFIELD: But Richard, I thought it was stated that there wasn't sufficient evidence and that's why they didn't continue on with the sexual assault charge.
HERMAN: That's why Avery shouldn't be shocked because no evidence to show it, that's why they didn't bring that charge, Fred. By the way, Thomas Decarlo Callaway, that's his real name. See how many people report that. Anyway, he is charged with one felony count, maximum is four years. He has a clean criminal history, has a great defense in this particular case that they were friends with each other, and let's not get confused.
Ecstasy is not GHB. Ecstasy is not the knock out drug that we read about, date rape drug we read about all the time. The two were hanging out, they were friends. He is going to say, show they were partying together. They were friends, and that nothing untoward happened here, that everything was consensual. And look, she wasn't knocked out, she was with her senses, it didn't cause any damage to her whatsoever, and that they were friends. He has great chance at acquittal in this case.
WHITFIELD: May involve some witnesses, even though the allegation is they were both in the hotel room, at least when she woke up they were the only ones there. Avery, I would think whether it be Ceelo's team or her team, they would try to bring in witnesses that might be able to testify about the relations between them, what was going on at the restaurant, what was the tone, all that kind of stuff.
HERMAN: Yes and that will help. That will help the defense.
FRIEDMAN: She voluntarily wound up in the sack with Ceelo, my goodness. Look, the bottom line is he slipped her a Mickey, that's what the prosecution is saying now.
HERMAN: Not a Mickey.
FRIEDMAN: She woke up nude in her bed in a hotel room. Look, I think that's pretty compelling. I think he has a big headache with this case. Should have been two instead of one, but he is going to face one, that's all.
WHITFIELD: Richard, final word?
HERMAN: They shouldn't even have brought this case, Fred. It is ridiculous. He is going to do very well and the ratings for the show are probably going to go up.
WHITFIELD: OK, well, we shall see how -- FRIEDMAN: That's a shame. That's a shame.
WHITFIELD: All right, Avery, Richard, thanks so much, gentlemen, always good to see you every weekend, of course. You can catch Avery and Richard every weekend right here, noon Eastern Time in this hour. They're always tackling the most intriguing legal cases of the day, week, month, you name it.
All right, if you think your Starbucks coffee is too expensive, wait until you see what some people are paying in other parts of the world. We'll tell you who pays the most and who gets the cheapest cup of Joe.
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WHITFIELD: United Airlines has been fined for keeping passengers stuck on the tarmac for hours in Chicago. Department of Transportation fined United $1.1 million for stranding people on the tarmac for three to four and a half hours during a thunderstorm in July of 2012. Passengers couldn't even use the bathroom on some of the planes. According to the DOT, passengers can't be on the tarmac more than three hours without being allowed to get off. United said it is committed to complying with delay regulations.
If you get your morning coffee fix at Starbucks, perhaps, you know that the coffee isn't the cheapest around. Now some consumers in China are complaining that they're paying too much for their Starbucks, compared to the rest of the world. So Richard Quest got some fellow CNN reporters to show us who pays what around the globe.
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RICHARD QUEST, CNN INTERNATIONAL BUSINESS CORRESPONDENT: It has become a staple of the morning routine, the Starbucks ground latte. Here in New York, $3.95 before tax. Now for the rest of the world --
DAVID MCKENZIE, CNN CORRESPONDENT: China is the center of this brewing controversy, a cup of grand latte, about $4.92. They trashed them about the price and the Chinese crashed state media saying perhaps it is all a bit of a storm in a cup.
SHASTA DARLINGTON, CNN CORRESPONDENT: In South Paolo, the grand latte costs about $3.80. There are already 62 Starbucks coffee shops here and room to grow considering this is the second biggest coffee consuming country in the world.
JIM BOULDEN, CNN CORRESPONDENT: I don't think I've ever ordered a grand latte before, but here in London, it is about 2 pounds 50 for this drink. I calculate that around $4. Here in the U.K., Starbucks has come under fire for some tax policies and for admitting there are too many branches. I would say $4 for a cafe latte in Central London, not bad.
SUMNIMA UDAS, CNN CORRESPONDENT: Thank you very much. This is a new trend in New Delhi, Starbucks only entered the Indian market about a year ago, and it cost me 176 rupies, or $2.87. It is cheaper here than many other countries because Starbucks sources coffee beans locally so no freight charges are required and the operating costs are much lower.
QUEST: This is the way the cups stack up, whether it is New York, London, Sao Paolo, New Delhi, or Beijing. The purest amongst you will no doubt shriek PPP, purchasing power parity. Have we accounted that a dollar here may not be worth as much somewhere else, maybe not. But the principle remains enjoy your coffee. Richard Quest, CNN, New York.
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WHITFIELD: Bottom's up. We will have much more straight ahead in the NEWSROOM, and it all starts right now.
