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More Police Using Body Cameras; Bond Hearing in "Stand Your Ground" Case; Man Freed from Prison after 10 Years; Obamacare's "Mona Lisa" Revealed; Rob Ford Bobbleheads

Aired November 13, 2013 - 10:30   ET

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

CAROL COSTELLO, CNN ANCHOR: Not yet, OK, so it's a very tiny thing. So people don't really know it's there?

SGT. ROB DRAGER, ALBUQUERQUE POLICE DEPARTMENT: That's the idea. It shouldn't be intrusive. It's a small, about lipstick size, device that we can just mount on our collar. There are few options on how you can wear it. But the idea is for it to be there but stay out of the way and just capture an incident.

COSTELLO: Do citizens know that all police officers in Albuquerque wear these cameras?

DRAGER: It's been in all the local media regularly, so I don't think it should be a surprise. But I suppose you never know. There's probably people out there who don't realize that we have cameras and we are recording.

COSTELLO: Tell us why you need these cameras.

DRAGER: Excuse me?

COSTELLO: Sergeant, if you could tell us why these cameras are beneficial to your work.

DRAGER: Well, we use them basically for three things to first of all, to further a criminal investigation or a criminal case. They help the department hold the officers to a higher standard. And they help defend ourselves against frivolous complaints, frivolous accusations.

COSTELLO: So Danny, I'll go to you. So this all sounds pretty good. It helps the police, it probably cuts down on police misconduct right Sergeant, because police officers are less apt to act up if they're wearing a camera and recording the whole thing right?

DANNY CEVALLOS, CNN LEGAL ANALYST: Yes gosh, it sounds fascinating.

DRAGER: Yes, anyone who is --

CEVALLOS: Yes.

COSTELLO: OK. So Danny, go on.

CEVALLOS: Yes, it sounds fascinating. And this is -- what a great idea when the police are doing the videoing. So I have to ask this officer if he has heard or any of his brother officers have ever made an arrest of a citizen filming a police encounter as has been happening across the country for some time?

It seems the message is clear. As long as the police are doing the recording of the encounter, no problemo. But if a citizen wants to take out their iPhone, it appears the message is quite different. You will and can be and have been in the past arrested. So it is a fascinating double standard although over all the incrimination in video has suggested --

(CROSSTALK)

COSTELLO: Well, let's give the Sergeant a chance to answer you. Is that true Sergeant? If someone were taking shots of your officers making an arrest with an iPhone, would they be arrested?

DRAGER: No. But there is -- it's uncomfortable for officers in the past few years. This technology has advanced quickly. And it's uncomfortable to know that somebody is pointing a camera at you. If it captures something that has evidentiary value, of course we're going to be interested in getting that.

But people have a right to record us. And I don't see why we wouldn't the same right to record what we are doing to like I said defend ourselves.

COSTELLO: So Danny does that make you feel better?

CEVALLOS: Well said, I mean but the arrest records speak for themselves. People have been arrested, citizens for videotaping police encounters. But overall look, people lie. Video doesn't lie. So overall this is a good thing.

However, the important thing is equal access. If the police are going to use this to their benefit, as long as they make it equally available without a lot of administrative red tape to defendants and their attorneys, then overall there should not be a problem.

But look, this technology will only help the law of evidence there is no question about it as long as there's no double standard.

COSTELLO: All right, Sergeant Rob Drager and Danny Cevallos, thanks to you both. I appreciate it.

DRAGER: Thank you for having me.

COSTELLO: You're welcome.

Now to another story of law and order Florida's controversial Stand Your Ground law back in the spotlight. Marissa Alexander could be set free on bond later today. The mother of three had been granted a new trial after she was found guilty and sentenced for 20 years for firing what she said was a warning shot at her abusive husband.

CNN's Alina Machado has more for you.

(BEGIN VIDEO CLIP)

MARISSA ALEXANDER, GRANTED NEW TRIAL: This is my life I'm fighting for. This is my life.

ALINA MACHADO, CNN CORRESPONDENT: But Marissa Alexander's immediate fight now is for her temporary freedom while she waits for a new trial. Alexander has been behind bars for more than 1,000 days on aggravated assault charges after firing a single bullet into the wall, she says to scare off her abusive husband. She was found guilty. But the conviction was reversed in September and she has since been granted a new trial.

In this motion her Alexander's attorneys call her pretrial release on bond urgent. In part, because the 33-year-old woman has not had regular access to her three and a half year-old daughter since she was six months old. Lawyers for Alexander's estrange husband Rico Gray has concerns.

RICHARD KURTZ, ATTORNEY FOR ALEXANDER'S HUSBAND: She had bond once on this case and she went over to my client's house and she gave him a black eye and got arrested though she was told to stay away from my client. So I don't think he necessarily wants her to have a bond again.

MACHADO: Alexander's attorney says the couple is finalizing their divorce and not in contact. Even if Alexander is set free, she still faces three counts of aggravated assault with a deadly weapon -- a felony that carries a mandatory minimum sentence of 20 years in prison.

Prosecutors say Alexander is a criminal; a woman who driven by anger shot at her husband Gray in a front of his two sons in a fit of rage. Alexander maintains she is the victim and her decision to fire one shot, a warning, in the middle of an altercation was the only choice she had to save her life.

ALEXANDER: I believed when he threatened to kill me that's what he was going to do. That's exactly what he intended to do and had I not discharged my weapon at that point, I would not be here.

MACHADO: An appellate court reversed the jury's guilty verdict earlier this year citing an error with the jury instructions on self- defense.

(END VIDEO CLIP)

COSTELLO: Alina Machado joins us now from Jacksonville, Florida. So Alina, how likely is Marissa Alexander to be granted bail today?

MACHADO: Well Carol, it's always difficult to predict what a judge will do in that circumstance. We know that judges typically look at a defendant's criminal history, whether this person is a flight risk or a danger in the community.

In this particular case, the judge will probably also take a look at the fact that Marissa Alexander did previously have bond in this case and that bond was revoked after she had that altercation with her estranged husband with one of the alleged victims in this case Rico Gray. Her attorney will point out, though, that she has always served a misdemeanor sentence for that charge. And that she also is not trying to reconcile with Rico Gray, that she is actually in the process of finalizing her divorce and that the circumstances have substantially changed.

But however, as you heard from Rico Gray's attorney, he does not want to see her out on bond.

COSTELLO: Alina Machado reporting live from Jacksonville, Florida this morning.

Still to come in the NEWSROOM, convicted of murder and locked in prison for a decade.

(BEGIN VIDEO CLIP)

RYAN FERGUSON, FREED AFTER 10 YEARS IN PRISON: I can get back to living my life. Although, I don't know yet how that will feel.

(END VIDEO CLIP)

COSTELLO: Ryan Ferguson is now a free man -- the dramatic story of his exoneration right after this.

(COMMERCIAL BREAK)

COSTELLO: Happening this hour. Four big events we're monitoring for you.

A high stakes hearing on the Obamacare website. In the hot seat today the man in charge of solving the sites problems, Todd Park, that's him.

To Toronto now where the city council meeting is getting underway. And Toronto Mayor Rob Ford is -- could be facing a public flogging. The council demanding that he take a leave of absence after his crack smoking admission. Mayor Ford is expected to speak and take questions.

Back to Washington for a minute, where experts are now testifying to Congress on nuclear negotiations with Iran; this, just days after diplomats failed to reach a deal in Geneva.

And also under way, a sentencing hearing for Boston mob boss James "Whitey" Bulger; prosecutors want to put the 84-year-old away for the rest of his life. Jurors convicted Bulger in august of racketeering, extortion and money laundering. Victims' relatives will speak at the hearing.

Locked up for ten years for a crime he says he did not commit. Now Ryan Ferguson is a free man. The 29-year-old was released from prison yesterday in Missouri after his murder conviction was thrown out. He told CNN's NEW DAY that he thinks he knows who actually committed the crime. (BEGIN VIDEO CLIP)

FERGUSON: Absolutely. I believe we know who did it. I think it's a matter of proving it and a matter of getting help from the authorities at this point. I think the facts show clearly who did it. You know, I'm not going to throw names out there. But anyone who takes the time to look at the evidence, I think it will become obvious to them who that individual is.

(END VIDEO CLIP)

COSTELLO: CNN's David Mattingly has more on this story. Really? Is he right? Is it obvious?

DAVID MATTINGLY, CNN CORRESPONDENT: Well, they have their suspicions. They're entitled to them after what they've all been through. But you have to remember this case went unsolved for years before Ryan Ferguson was implicated by a friend of his.

So we contacted the police department in Columbia after all this happened. I said, well do you plan to re-open the investigation into the murder of Kent Heitholt? They put out a brief statement and here is what they said. They said they will follow up on any new leads or information that is brought to the department.

Pretty much a typical statement you would expect to hear from the police department at this time. But right now, all eyes are on Ryan Ferguson. And what sort of life is he going to try and lead. Now, those were all the questions that were being posed to him yesterday. And Ryan Ferguson coming out with a lot of thank yous for so many people last night. Watch.

(BEGIN VIDEO CLIP)

MATTINGLY (voice over): Ryan Ferguson walked out of prison, into new clothes and in front of the cameras to taste his first moments of freedom. Celebrating with family and attorneys, he offered bitter sweet thanks to the thousands following his case around the world.

FERGUSON: To get arrested and to get charged for a crime you didn't commit, it's incredibly easy and you can lose your life very fast. But to get out of prison, it takes an army.

MATTINGLY: And it takes time. In Ferguson's case, almost a full decade of appeals the Missouri Attorney General surprised Ferguson's supporters Tuesday saying the state will not retry or pursue further action against Ryan Ferguson. This, after an appeals court threw out his guilty verdict because prosecutors withheld evidence.

FERGUSON: This is an anomaly. I think we need to look at other cases and be aware that this is part of our justice system.

MATTINGLY: Ferguson was sentenced to 40 years for the 2001 murder of "Colombia Tribune" sports editor Kent Heitholt. He was implicated by a former acquaintance, Charles Erickson, who claimed he had dream-like memories of committing the crime. Last year Erickson told the court he lied. And Ferguson believes it's time for him to be freed as well.

FERGUSON: The guy is a lot of things. But the thing is, more so than anything else, he's innocent.

MATTINGLY: Ferguson emerges from prison surprisingly poised. He's writing a book; he's got a girlfriend. And friends already say, go into politics.

UNIDENTIFIED FEMALE: Mayor of --

FERGUSON: Mayor of Columbia. Indeed.

UNIDENTIFIED FEMALE: The next attorney general.

FERGUSON: Yes. That --

(END VIDEO CLIP)

MATTINGLY: Now, that got a big ovation from the crowd last night after all that family has been through. But he's not really saying what he wants to do next. He's just taking it a day at a time. There's a new picture up on his Facebook page today showing what he did last night. He's got a big steak in one hand and a beer in other.

So his first night of freedom, getting goodies.

COSTELLO: He just looks -- well, he sounds so surprisingly mentally healthy and not bitter. It's difficult to believe he's not bitter though.

MATTINGLY: This is a remarkable family. His father was coaching him the entire time that he was in prison saying, 'Look you've got to get smarter. You've got to get stronger. You've got to get faster. That's how you're going to survive in prison and protect yourself. But it's also how you're going to grow as a person.'

And that was his goal the entire 10 years he was in there. He was determined to come out, but he wasn't going to come out as that 19- year-old who went in. He wanted to grow and mature and be the person he needs to be.

COSTELLO: What an impressive guy. David Mattingly thanks so much.

Still to come in the "NEWSROOM", the face of Obamacare now revealed. Yes, we now know who she is. And she's talking. We'll be right back.

(COMMERCIAL BREAK)

COSTELLO: The enigmatic Mona Lisa of healthcare.gov has now been revealed. The smiling face that once graced the Obamacare website is actually a woman named Adriana. And she says her new found fame has been anything but glamorous. Earlier today, she was on "Good Morning America".

(BEGIN VIDEO CLIP)

ADRIANA, MODEL FOR HEALTHCARE.GOV: I just had a chance to tell people who I am. And I just let everybody else say whatever they want. I'm a mother and I'm a wife. I'm not a professional model.

(END VIDEO CLIP)

COSTELLO: Nick Valencia is here to fill us and later in that interview, she became quite emotional.

NICK VALENCIA, CNN CORRESPONDENT: She did. She said she was over it but she still broke down a little bit, got a little bit teary-eyed. Her life -- she said her life has changed. But she's going forward and she' trying to push forward.

But she said she decided to break her silence after being the victim of cyber bullying. She said she was harassed. Her image was photoshopped. And she didn't expect to receive this kind of negative reaction.

She talked earlier today as Carol mentioned, to "Good Morning, America" and told us why she decided to break her silence.

(BEGIN VIDEO CLIP)

ADRIANA: This is actually the reason why I wanted to be here, because as a kid, I never went through that. But now I am. But it's some sort of bullying.

UNIDENTIFIED FEMALE: It is bullying.

ADRIANA: But at the same time, you know, I thought, I have to do this for my child. I'm here to stand up for myself and defend myself.

(END VIDEO CLIP)

VALENCIA: And Adriana was, of course, the face of the Affordable Care Act, the Obamacare Act website. And when people went to that website and its flawed launch last month, Carol, she was the face that greeted them.

She got involved with this agency. She was trying to get free family photographs and they were trying to get stock photos for the Web site and they had that exchange. Of course, she couldn't have expected or anticipated the reaction.

COSTELLO: So she went in to it to get free family photos.

VALENCIA: That's right.

COSTELLO: She had no idea she was going to be the face of healthcare.gov.

VALENCIA: I don't think she knew that she was going to be that front and center. She knew that the photos were going to be used for the Affordable Care Act website. But for her to be the face like that -- her image has since been taken down.

And they released a statement, the Health and Human Services say that this is a dynamic website. They decided to change it. It wasn't because of the negative backlash towards her. And she says she's fine now. She's moving forward, though she did get a little emotional in that interview. But she's still married. She says she still has a job and she's just sort of pushing forward.

COSTELLO: She's actually -- she's from Colombia, originally.

VALENCIA: She is.

COSTELLO: She's married to a U.S. citizen.

VALENCIA: That's right.

COSTELLO: They have two children. I think they live in Connecticut --

VALENCIA: In Maryland. In Maryland.

COSTELLO: In Maryland -- OK.

VALENCIA: But she's a permanent resident here, a permanent citizen. And she's working on getting her citizenship. So you know, you couldn't expect the sort of reaction that she got after putting her face out there.

COSTELLO: Does she regret her face was on?

VALENCIA: No. She doesn't. She says she's fine now. She's able to sort of acknowledge what happened and the cyber bullying. She's never experienced anything like that. She said she never went through it as a kid. And to experience it as an adult's a little different but she's OK now. She'll be all right.

COSTELLO: Yes.

Nick Valencia -- thanks so much.

VALENCIA: You bet.

COSTELLO: Checking our top stories at 51 minutes past. Shocking revelations in Mike Tyson's autobiography; Iron Mike says he first tried cocaine when he was 11 years old and that he used the drug until moments before entered the ring, you know, as an adult. Tyson says he would fool drug testers with the help of some sort of device in his shorts.

Tyson spoke with ABC News.

(BEGIN VIDEO CLIP)

MIKE TYSON, FORMER PROFESSIONAL BOXER: Once I get outside and something confronts me, I don't know if I'm going to calm or comforted. It's just at the moment. At the moment of I'm calm and comforted and I have peace right now here with you in your presence, yes. When I get outside and somebody throws an egg at me or throws some paint or blood or screams something at me, I don't know.

UNIDENTIFIED FEMALE: How are you going to react to that?

TYSON: I don't know exactly.

(END VIDEO CLIP)

COSTELLO: There are also funny stories in the book. Like the time Tyson lost a suitcase that had $1 million cash inside of it. He did manage to find that suitcase. He found it a week later.

Tears, screams and drama for Alec Baldwin and this was no movie. The actor was actually in court facing off with Genevieve Sabourin. Sabourin is accused of stalking and harassing Baldwin and his wife. At one time, Sabourin shouted at Baldwin as he cried. She said he was lying.

Today she'll gets a chance to testify. If found guilty, she faces up to one year in prison.

Hawaii is poised to say aloha as in hello to same-sex marriage. This morning, Governor Neil Abercrombie is expected to sign a bill that the legislature passed last night. It would take effect on June 1st and make Hawaii the 16th state to legalize marriage between same-sex couples. Early estimates suggest the move will boost tourism by more than $200 million in the first three years.

Still to come in the NEWSROOM, crack smoking mayor, Rob Ford's may have some Canadians shaking their heads but his new bobblehead dolls are all the rage. We'll talk about that and his coming testimony in front of city council in Toronto next.

(COMMERCIAL BREAK)

COSTELLO: All right.

Let's head back to Toronto for just a second because that Toronto city council meeting is ongoing. We're expecting the mayor to speak soon to defend himself, to try to keep his job. Right now, city council is actually debating whether to allow the mayor to vote on whether he stays in office or goes. When they settle that, we expect to hear from the mayor. We'll take you back to Toronto.

But whether Mayor Rob Ford stays or goes, he'll have a bobblehead to commemorate his time in office.

Here's Jeanne Moos.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN SPECIAL CORRESPONDENT (voice-over): His admission that he had smoked crack had people shaking their heads. And now Mayor Rob Ford's head is shaking. He's been turned into a bobblehead.

But the mayor didn't mind. He was autographing them. Just another surreal day at Toronto City Hall --

UNIDENTIFIED FEMALE: We see you're working out these days.

MAYOR ROB FORD, TORONTO: Who said that? Who said that? Whoa.

MOOS: Just another collision with a photographer in this mind- boggling and head-bobbling saga.

Folks lined up to pay 20 bucks for a Rob Ford, Robbie Bobby, with proceeds going to charity. The mayor signed the bobbleheads.

FORD: How are you doing? Now you can hit it on the desk every time. And it just bounces back all the time -- keeps bouncing back.

MOOS: Mayor Ford has a lot to bounce back from.

FORD: (EXPLETIVE DELETED) throat out. Poke his eyes out.

MOOS: At least his bobblehead doesn't rant.

(on camera): Now most politicians find themselves reproduced as unofficial bobbleheads. President Obama didn't ask for this.

(vice-over): But Mayor Ford's office ordered his. A thousand are being sold to raise money for the United Way. Some buyers are supporters or collectors.

UNIDENTIFIED MALE: I'm just going to put it on the shelf right now and just enjoy it.

MOOS: Others, not so much.

UNIDENTIFIED FEMALE: And I would like to use it as a prop for possible endeavors.

MOOS: Speaking of using it as a prop. One reporter took the Robbie Bobby on a walk around city hall. Jokes proved irresistible online. "Why is it called a bobblehead? Shouldn't it be crack head? Rob Ford doll, pull the string and it smokes crack."

(on camera): Of course within an hour or two of going on sale, Mayor Ford bobbleheads were already popping up online.

(voice-over): Offered for prices as high as $500 to a laughable $25,000. OK, so some say the bobblehead doesn't really look like the mayor. The original mockup seemed closer than the finished product. The makers, Build A Bobble Inc., say they used artistic license to make people look as good as they can. It's the bobblehead diet, sheds pounds, adds hair.

Jeanne Moos, CNN --

FORD: Whoa.

MOOS: New York.

(END VIDEOTAPE)

COSTELLO: Thank you for joining me today. I'm Carol Costello. "LEGAL VIEW" with Ashleigh Banfield starts now.

ASHLEIGH BANFIELD, CNN HOST: The city council confronting their crack-smoking mayor, officially calling on him to take a leave of absence and get his life in order. But how will he respond?