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Plane Makes Emergency Landing On Tiny Island; Children In Limbo As Border Crisis Rages; Lebron Back To Cavs, Season Tickets Gone; Texas Judge Wants More Shelters; Tale Of Two Border Towns; Iraq: Militants Take Nuclear Material; Prostitute May Be Implicated In Second Death; Online Life Of Dad Accused In Hot Car Death
Aired July 12, 2014 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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FREDRICKA WHITFIELD, CNN ANCHOR: Hello, again, everyone. I'm Fredricka Whitfield. Here are the top stories we're following in the CNN NEWSROOM. Emergency landing, a United Airlines flight parks it on one of the most remote islands in the world. What we're learning this hour.
Plus, how will President Obama deal with his overwhelming border crisis? He had a frank talk with some officials in Texas about it. We'll tell you what they discussed.
And the admitted prostitute accused of finishing her glass of wine after killing a Google executive. Why police are now looking into the death of one of her former boyfriends. Our legal guys weigh in.
This hour, we're learning more about a United Airlines flight that made an emergency landing on a remote island in the middle of the Pacific Ocean. The flight took off from Honolulu and was supposed to land in Guam, but the plane made an emergency landing on one of the smallest islands, most remote islands in the world.
CNN's Alexandra Field has more on this story from New York. Alexandra, what happened?
ALEXANDRA FIELD, CNN CORRESPONDENT: Well, Fred, imagine flying over the Pacific Ocean and smelling an electrical odor on board. It's a scenario that most of us frankly don't even want to imagine, but it is what happened on board that United flight. It was enough to force the pilots of that plane to turn around.
They were traveling from Honolulu to Guam when the pilot instead decided to land the plane on a tiny island that was the home of a former naval air station, Midway Island. All the passengers, the crew, they were taken off of the plane. They waited on Midway, this very remote island, for seven hours before United could send another plane to pick them up and bring them back to Honolulu.
Right now, a spokesperson for the United is saying that there was a mechanical issue on board the plane, which appears to have caused that electrical odor that people were smelling. Right now, they say that the Boeing 777 is still being inspected to determine the exact cause of that problem.
WHITFIELD: Wow, but remarkably, no one was injured, right. Just probably a few shaken up passengers.
FIELD: I imagine a pretty scary experience. Just that electrical scent, you don't want to smell it anywhere. When you're on a plane over the water, it's a scary experience -- Fred.
WHITFIELD: Yes, indeed, all right, Alexandra, thank you so much.
The Homeland Security secretary says he wants to make this message clear to undocumented immigrants.
(BEGIN VIDEO CLIP)
JEH JOHNSON, HOMELAND SECURITY SECRETARY: Our border is not open to illegal migration and our message to those who are coming here illegally, to those contemplating coming here illegally into South Texas is we will send you back.
(END VIDEO CLIP)
WHITFIELD: But thousands of children are still stuck in the U.S. detention centers, 5,700 of them just in the last nine months. Many of these kids will now have to wait months or even years before facing an immigration hearing. President Obama wants to give an overwhelmed border service rather, the money to clear its backlog.
As Erin McPike explains, finding a political solution to this crisis has not been easy and getting that money may be near impossible.
(BEGIN VIDEOTAPE)
ERIN MCPIKE, CNN CORRESPONDENT (voice-over): As U.S. officials struggle to contain the flood of illegal immigrants crossing the U.S./Mexico border, the Obama administration is begging Congress for help.
JOHNSON: Not doing anything frankly is not an option because it will require us to simply run out of money.
MCPIKE: Asking for nearly $4 billion to temporarily shelter tens of thousands of immigrants. Many of them unaccompanied minors, send them home and step up border patrol. Complicating the issue --
SEN. BARBARA MIKULSKI (D), MARYLAND: These children are seeking refuge from organized crime, despicable gangs, vile human traffickers.
MCPIKE: Both sides agree there's a humanitarian crisis, but leading Republicans have this ultimatum.
SENATOR JOHN MCCAIN (R), ARIZONA: I have talked to a number of my colleagues, who are Republican senators, we will not agree to the additional funds, $3.7 billion, most of which is to care for these children and provide the facilities until we can assure the American people that it's going to stop and unfortunately, that is not in the president's request.
MCPIKE: McCain and his Arizona colleague, Jeff Blake, are calling for faster deportations of children caught at the border and asking for increased, but conditional aid to their home countries, arguing that's the only way to drive the message the United States won't tolerate it anymore. Now, this crisis is becoming a jumping off point to restart the case for comprehensive immigration reform.
REP. XAVIER BECERRA (D), CALIFORNIA: All we have to do is get the Republican leadership to say, OK, we'll let the vote take place because we know that there are votes sufficient to pass a bill that would give us a common sense fix.
MCPIKE: Despite some momentum on Capitol Hill to take action, at least on the current flare up, Democratic Congressman Juan Vargas, who represents the California border warns --
REPR. JUAN VARGAS (D), CALIFORNIA: Everyone wants a quick fix. At the end of the day, I think the likely scenarios, nothing happens.
(END VIDEOTAPE)
MCPIKE: But still, Fred, there is some bipartisan movements on Capitol Hill to address this current border crisis we're going to see more legislation introduced just next week from Democratic Congressman Henry Cuellar. He is from Texas as well as Republican Senator John Cornyn, also from Texas, and there are additional calls for comprehensive immigration reform. The catch is there's not much time left before the August recess, and then of course we're in a rush to the midterm elections in November -- Fred.
WHITFIELD: All right, we'll see if either one of those measures gets any time or consideration. Thanks so much, Erin McPike at the White House.
All right, now to the Middle East and a rising death toll in the conflict between Israel and Hamas. At least 127 people are dead in Gaza with more than 900 wounded in Israeli air strikes. That's according to a Hamas spokesperson. Israel says Hamas has fired nearly 700 rockets into Israel with at least 34 rockets hitting Israel today.
More than 100 rockets have been intercepted by Israel's iron dome defense system. So far, no Israelis have been killed by Hamas rockets. Israel has called up 30,000 reserve troops and that has some Gaza residents concerned about a possible ground invasion.
WHITFIELD: After an accident critically injured Tracy Morgan and killed his friend, Morgan is now suing Wal-Mart. Police say one of the company's trucks was speeding on the New Jersey Turnpike when it rear ended the limo carrying Morgan and several others. The suit blames the truck driver for negligence. Morgan broke his ribs, nose and a leg in the crash.
Wal-Mart issued a statement saying quote, "This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr. and Mr. Millea, full recoveries. We are deeply sorry one of our trucks is involved and we have said we're cooperating fully in the ongoing investigation. We know it will take some time to resolve the issues, but we are committed to doing the right thing for all involved." That from Wal- Mart.
Moving now to Cleveland, a city buzzing with a whole lot of excitement over the return of Lebron James four years after the sting of rejection. We just learned that season tickets for the Cleveland Cavaliers have sold out. No surprise there and these are the covers of the Cleveland dealer from 2010 and then today. From gone to home. Rachel Nichols has more on Lebron's incredible journey.
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RACHEL NICHOLS, CNN HOST, "UNGUARDED": Even if you don't know what you're going to do, what have you learned from the last time that you switched teams that will inform how you handle things this time?
LEBRON JAMES, TWO-TIME NBA CHAMPION: You learn from your mistakes. If I'm in that position again I'll be able to handle it much better.
NICHOLS (voice-over): That was Lebron James before the free agency circuit that's consumed the NBA these past weeks. At the time, he promised me this decision wouldn't be anything like the decision back in 2010. Back then there was the television special that earned the scorn of the nation.
JAMES: And this I'll take my time to South Beach and I'm joining Miami Heat.
NICHOLS: And broke hearts all over Cleveland.
UNIDENTIFIED MALE: This is the terrible. This is the worst thing that could ever happen to Cleveland.
UNIDENTIFIED MALE: I hope he never wins anything in Miami.
NICHOLS: But four years and two NBA titles later, a much more mature Lebron stuck to the different approach he promised. Instead of the TV extravaganza, a 952-word essay published in "Sports Illustrated." Remember the gaudy predictions of multiple titles he made back when he came to Miami.
JAMES: Not two, not three, not four, not five, not five, not six, not seven.
NICHOLS: This time Lebron was much more modest. Writing, quote, "I'm not promising a championship. We're not ready, no way." He also spoke from the heart comparing his stint in Miami to go into college noting, quote, "These past four years helped raise me to who I am." It's a concept he had spoken to me about earlier. How even though he was already 25 years old when he joined the Heat, it was his first time truly away from home.
JAMES: Even though I played for Cleveland for seven years, I still lived in my hometown of Akron, so I was in Akron for 25 straight years. I didn't know how difficult it was to learn new streets, new culture, learn new people, be around different things that I hadn't been around. That was challenging.
NICHOLS: Now he says that growing up process is what made him finally understand his attachment and his responsibilities to the place he grew up. Cleveland fans haven't celebrated a championship in any major sport in 50 years and his loyalty to them earned praise from many corners, even the White House.
JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: I think it's a pretty powerful statement about the value of a place that you consider home.
NICHOLS: Yes, this time around things are different. Back in 2010 Cavaliers owner, Dan Gilbert posted a now infamous public letter to Lebron on the team's web site calling his departure, quote, "A cowardly betrayal and shocking act of disloyalty." On Friday, well, Gilbert tweeted, "My 8-year-old son said Daddy, does this mean I can finally wear my Lebron jersey again? Yes, it does, son. He wrote, "Yes, it does." For CNN, I'm Rachel Nichols.
(END VIDEOTAPE)
WHITFIELD: Folks are really going to be sporting those jerseys as soon as they can. Probably right now, actually.
All right, President Obama went to Texas this week to talk about the border crisis. We'll meet a local politician who was at that meeting. Hear why he's trying to make the case for building more shelters.
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WHITFIELD: When President Obama traveled to Texas this week to discuss the border crisis, he didn't just meet with Governor Rick Perry. He also met with a large group of officials for what some called frank talk on how to deal with the flood of undocumented immigrants. In that group was Dallas County Judge Clay Jenkins. He joins me now from New Orleans where he is today. Good to see you, Judge.
JUDGE CLAY JENKINS, DALLAS COUNTY, TEXAS: It's good to be here, Fredricka. Thank you.
WHITFIELD: So, you were quoted in this "Mother Jones" article as saying this wasn't a particularly intense meeting. Was there any progress made in this discussion? What was laid out on the table?
JENKINS: Well, it would have been tense for a meeting of normal people or family gathering, but for Texas politics, it was a pretty good meeting. We were able to lay our partisan hats aside and focus on the children for part of the meeting. As parents and as people of faith and as leaders and we were able to achieve alignment with Governor Perry, saying he wouldn't stand in Dallas County's way of providing a more compassionate form of care for these 2,000 children.
So that was a good thing. We also discussed the need to build a capacity in the countries where the children are coming from so that if they are deported back, they're deported back to environments that are not just being shipped back to sex traffickers and gangs. WHITFIELD: Was it your feel, because you've heard a lot about the president's visit to Texas and some are saying it would have made the difference in his understanding and level of understanding of what's taken place along border states. Do you agree with that? Do you believe that the president missed an opportunity or did you feel in that conversation, that he had a good handle of the issue at stake?
JENKINS: Well, the president was focused. He was fully up to speed and he was engage. It was an hour and 15-minute meeting and he's doing his job. The state of Texas is doing their job. Dallas County is doing their job. But we need Congress to go back to work and do their job because Texas is the most affected state of any state in the union by this crisis and if the Texas delegation would just join together and all vote for this supplemental appropriation, it would past next week and we'd have a more secure border and better care for the children already here.
WHITFIELD: You are actually proposing and you proposed that actually in this "Mother Jones" article that there ought to be more shelters and there has been a scouting out of buildings in your area that would be able to assist. Why do you feel this is necessary and why are you hoping what happened if this shelter were put together there?
JENKINS: Well, we're standing these up on the temporary basis to allow the federal government time to come up with a long-term solution. We've got the capability and the empty facilities and also the compassion to do this in a more loving way. You know, these are children. And they're just like your children and my children. The defining moment for me was a conversation with my 8-year-old daughter when she asked me, Daddy, why are the children in jail?
And I explained that when people are at our border, we have to keep it secure to keep people who want to commit crimes or do us harm, out. She said back to me, but Daddy, these are children. And I knew --
WHITFIELD: So, was that the turning point for you or did it just reemphasize something you had already felt?
JENKINS: I was looking at a lot of data, but at that moment, I realized that if we failed to act in Dallas County, it would be because of a lack of will on my part and we don't turn our backs on children in Dallas County.
WHITFIELD: Thanks so much for your time joining us from New Orleans today.
JENKINS: Thank you.
WHITFIELD: All right, straight ahead, let's talk about that map right there. Very un-summer like weather is heading south and east. Could severe storms also be in the forecast?
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WHITFIELD: All right, the weather headline for much of the country will be possible fall like temperatures for the start of the workweek. Jennifer Gray is tracking all of this. Actually, that might be welcoming to a lot of folks.
JENNIFER GRAY, AMS METEOROLOGIST: It's going to be refreshing. Actually feeling nice in places that can normally feel like 100 degrees or more this time of year, will feel more like September. So yes, it is going to be refreshing. Much cooler air starting to filter in. It's going to affect mainly the Midwest as we through the beginning to middle part of the week.
But when you have this cooler weather in the Midwest, we are going to have the opposite trending on the west coast, very, very warm temperatures. Temperatures in the lower 90s for the Pacific Northwest, so it's going to be something we'll be watching, of course. First things first, before this cooler air filters in, we will have the possibility of storms.
We have seen storms in Chicago already this morning. Could see more as the evening goes on and then we're going to see that cooler weather filter in beginning Sunday night in northern sections, it will just filter down over much of the country through the next few days.
Severe weather possible later today. Large hail, damaging winds, Des Moines, Chicago, this threat shifts a little bit farther to the east as we through tomorrow. More populated areas. Pittsburgh, Indianapolis could see severe weather tomorrow as well. Look at these temperatures. Low temperatures Monday, Tuesday, Wednesday, in the 40s and then we'll see high temperatures not even making it to 70 degrees in Chicago, Fred. Can you believe it?
WHITFIELD: No. I mean, it is kind of nice although I am a hot weather kind of girl, but it's sweltering, and humid, so sometimes, it's nice to pull out a summer sweater. Thanks so much.
All right, Iraq says militants have gotten their hands on nuclear materials. This was the saying, it's not a major threat, but does it show a dangerous new step in the crisis in Iraq? Lieutenant Colonel Rick Francona joining us live, next.
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WHITFIELD: U.S. Customs and Border Protection says 57,000 unaccompanied minors have been picked up at the border since October 1st and after they enter the U.S., they are met with very different reactions depending on where they end up. Here's CNN's Kyung Lah.
KYUNG LAH, CNN CORRESPONDENT: Well, Fredricka, the anger surrounding the immigration debate is palpable in California, but it's not that way in every single city.
(BEGIN VIDEOTAPE)
LAH (voice-over): The indelible image of the immigration battle in Murrieta, California, locking the front of the border patrol station from three buses of Central American undocumented immigrants. The buses forced to turn around.
UNIDENTIFIED MALE: Not in Murrieta! LAH: Almost 200 miles away, planes from Texas land, carrying mostly undocumented women and children. They move to buses, which arrived to an open and quiet border patrol station in El Centro. In this town, they're moved to local charities, temporarily sheltering the women and children. And even help toddlers like Rudy and his mother board buses to family waiting in Washington State.
Two cities in the same state, same issue, two completely different reactions. Demographics may help explain why. Murrieta sits more than 85 miles from the international border, 70 percent of the city is white. The community of San Diego is relatively affluent with only 7 percent of households below the poverty line.
El Centro sits a stone's throw from the border only several miles away, over 80 percent of the city is Latino. Its economy relies on Mexican tourists and immigrants and struggles with 25 percent below the poverty line.
(on camera): When you watch television and you see what's happening in Murrieta, what is your impression of that?
UNIDENTIFIED MALE: It's pretty sad.
LAH (voice-over): El Centro's Mayor Protim is himself a Mexican immigrant. He says the city is on the front line of the border crisis and see it's a desperation up close.
(on camera): Are they thinking about the people on the bus in your opinion?
UNIDENTIFIED MALE: They're thinking about them, but in the wrong way. I don't condone the activity, but it's not up to us to decide what happens to them. It's up to us to determine an environment that's safe and healthy.
LAH: Why is it in towns like El Centro, that they're not having the same sort of reaction as Murrieta?
UNIDENTIFIED MALE: Apples and oranges.
LAH: The mayor says you can't compare the two cities. They're too different. He also believes the ugliest elements of the protest are not from his resident, but outsiders coming in.
MAYOR ALAN LONG, MURRIETA, CALIFORNIA: The world never got to see the compassion we have and what we're known for.
LAH: It is possible the buses will come and we will see compassion here?
LONG: Right now, we're still a destination point. Border patrol still isn't talking to us much.
LAH (voice-over): A tale of two cities, two reactions to a border crisis that's not going away.
(END VIDEOTAPE)
LAH: A polarizing debate depending on where you live and your demographic, so if there is to be comprehensive reform, some sort of meeting of the minds, it may take a number of people with all sorts of backgrounds coming together and sitting at the same table -- Fredricka.
WHITFIELD: All right, Kyung Lah, thanks so much for that perspective. Overseas, the foreign minister of Iraq has been kicked out of his position by the country's prime minister, Nuri Al-Malaki. The former foreign minister seen here on the right is Kurdish and his ouster came just as Kurdish members of the Iraqi government started a boycott after Al-Maliki reportedly linked the government to the military group, ISIS. That's something the Kurds deny.
They haven't commented on the shakeup, but it follows a week of new reports surrounding is in Iraq. Joining me now to help break this down is CNN military analyst, Lieutenant Colonel Rick Francona. Good to see you again.
So, this week, the Iraqi government told the U.N. that ISIS had seized nuclear material in Mosul. U.S. officials say it's just a small amount of uranium and it's not weapons grade. But Iraqi officials still are very worried. Colonel Francona, how concerning is it to you that militants may have their hands on some sort of nuclear material?
LT. COL. RICK FRANCONA, CNN MILITARY ANALYST: Well, it's always a concern when somebody gets their hands on anything radioactive. All they probably could do is try to manufacture a dirty bomb. But you know, that's kind of far removed from what they're doing now. I think there are bigger threats posed by ISIS. So I don't think that this is really on anybody's radar right now, but it's something down the road we're going to have to address and that a material has to be accounted for.
WHITFIELD: Right, and we also learned this week that the Pentagon is deciding under what circumstances it would recommend a drone strike to kill perhaps the leader of ISIS, factors of intelligence, showing his location and that no civilians would be hurt. Would this be the right step? Would it be a safe step for the U.S. to get involved that way?
FRANCONA: This is a two-edged sword. First of all, getting that precision level of intelligence is going to be very, very difficult. This guy is very smart. He knows how to move. How to survive. He's done it for years. So he knows our capability. On the other side, if we find him and do kill him, what does that do? It's not going to -- it will decapitate the organization for a short period of time, but there are others.
This is a well-organized, well-funded, well-trained organization. They have people standing by. They've got a deputy named. He'll step in. So, it's not going to end is. It also may drive a lot of Sunnis sitting on the sidelines. So, we have to be very careful how we do this.
WHITFIELD: Let's talk about another locality still on U.S. military radar and of course, the story that has captivated the world. We're talking about Bowe Bergdahl, who is now in the United States. But what has now surfaced while he's trying to still reintegrate into the U.S. is a new photo showing him and apparently, released by the Taliban militants in May. That one, a smiling Bergdahl with an arm around him. What can you tell us about this image, the authenticity of it and what does this say to you?
FRANCONA: You know, I have no doubt that the image is authentic. But I am going to give Sergeant Bergdahl the benefit of the doubt of anything that happened to him in that five years of captivity. Who knows what's on the other side of that camera lens? Who knows what pressure they put on him? What they've done to him. The guy was there for five years. I'm not going to second guess what he did to survive.
WHITFIELD: Right, and for just for the record, this image surfaced on a pro-Taliban Twitter account and it is believed to be at least two years old, but no information on the circumstances. As to how this took place or why. Thanks so much for your perspective as always, Lieutenant Colonel Rick Francona. Thank you.
FRANCONA: Sure, thanks, Fred.
WHITFIELD: All right, two deaths, 1500 miles apart. Police say one woman could be responsible. Our legal guys join us next on this criminal case involving a high priced call girl.
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WHITFIELD: Two deaths in two states. Police now say they may be connected. A wealthy Silicon Valley executive died of a drug overdose while with a prostitute. That woman is charged in his death and now, authorities in Georgia are looking into the possibility that she may be involved in the death of her boyfriend last year. CNN's Dan Simon reports.
(BEGIN VIDEOTAPE)
DAN SIMON, CNN CORRESPONDENT (voice-over): When Dean Riopelle died from a heroin overdose last September --
TICHELMAN: I think my boyfriend overdosed or something, like he's --
SIMON: It appeared to be a tragic accident. His girlfriend made the call to 911.
UNIDENTIFIED DISPATCHER: OK, and why do you think he it's an overdose?
TICHELMAN: Because there's nothing else it could be.
UNIDENTIFIED DISPATCHER: Accidental or intentionally?
TICHELMAN: Definitely accidental?
SIMON: That was the story and the case was closed until police in California announced this week that the model turned prostitute had been arrested.
UNIDENTIFIED FEMALE: First, we start with the primer.
SIMON: The woman who gave make up tips on YouTube charged in the death of Google executive, Forrest Hayes, a 51-year-old father of five. Police say he, too, died of a lethal amount of heroin given to him by the 26-year-old he met on seekingarrangement.com. Georgia authorities reopened the case because the circumstances were too similar to ignore.
CAPT. SHAWN MCCARTY, MILTON POLICE DEPARTMENT: The similarities are basically the deaths of the two men by heroin overdose and the common -- in both cases, they seem to have died of an overdose their first time in using heroin.
SIMON: Tichelman moved to California working as a prostitute. She surfaced in Santa Cruz. In November, she joined Hayes on his yacht. Investigators say surveillance cameras showed Tichelman doing nothing to help Hayes after injecting him with the heroin.
DEPUTY CHIEF STEVE CLARK, SANTA CRUZ POLICE DEPARTMENT: She was so callous in gathering her thing, she was literally stepping over the body.
SIMON: Tichelman is charged with felony manslaughter in the case involving the Google executive. Bail has been set at a million and half dollars. Her next court appearance is scheduled for July 16th. Dan Simons, CNN, San Francisco.
(END VIDEOTAPE)
WHITFIELD: All right, let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor in 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, what a complicated case. Avery, you first. Surveillance videotape, how key is this in the California case?
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, you have videotape, Fredricka, which shows the injection of the heroin and as law enforcement said, the callous disregard and over the fact that here's this executive, his first time ingesting or being exposed to heroin. He's dying and of course, she does absolutely nothing.
So, the assumption is she was the one that killed him on whatever charge it's going to be and now, for some reason, they're saying well, that's what she did in Santa Cruz, so, Fredricka, she must have done the same thing in Atlanta to the nightclub owner and I think that's a real stretch. No one's assigning reasonability of the two men who hired a prostitute. It's all the woman's fault and I think there's a problem with that.
WHITFIELD: So, Richard, as it pertains to the California case, how is it further complicated or perhaps complimented by the kind of evidence investigators feel like they have.
HERMAN: Fred, here's a news flash. Heroin is illegal. Heroin kills. If you're going to take heroin, that's the risk you face, you're going to die. So, this is an intelligent business executive. He knows full well if he's going take heroin, there is a risk of death here. The problem with the case for the woman, it's all on video. There she is injecting him with the heroin and he goes into distress. Grabs his heart. Goes down and what does she do?
Nothing. She gets her belongings. She has a glass of wine and walks out and puts the blinds down. She was charged with manslaughter, not murder. Reckless disregard for someone's health. A maximum of 11 years in prison and strange coincidence that a year ago, her boyfriend died of a heroin overdose, but again, heroin kills. They're -- I don't think they are connected. People who use heroin who are drug addicts face death. They die every day in the United States from heroin overdoses.
FRIEDMAN: These guys aren't addicts. They weren't addicts.
HERMAN: They're doing heroin. It's a death wish.
FRIEDMAN: Absolutely. I actually think we're agreeing on this thing, but I don't think either of these you know, big shots were addicts nor do I think that there's any connection except there's the same woman involved. That's it.
WHITFIELD: But that connection is now a criminal investigation on both ends, Avery, and so, while we're talk about the charge of manslaughter, is it possible that she may be facing some sort of accomplice type of charge even if these were willing participants in the use of heroin or any other kind of drug?
FRIEDMAN: Well, clearly in the Santa Cruz case, they've got her engaged in an unlawful activity, a likely crime, so there's a problem. What the evidence is in the Atlanta area case I think remains to be scene other than it sounds like what happened in Santa Cruz.
HERMAN: Here's the problem with the Georgia case. The two of them had been dating. It wasn't like it was a prostitute relationship. They were dating and they got in a fight two weeks earlier where police were called. Now, two weeks later in Georgia, he has an overdose. She calls this one in, but you know, there's a coincidence there. They did not bring charges against her in Georgia. No now, they're going to revisit it.
FRIEDMAN: Evidence.
HERMAN: Very difficult to prove murder, intentional conduct here. Wanting to cause the death of someone. You know, at best, I think it's manslaughter and I don't think they have enough to charge her in the Georgia case.
WHITFIELD: That's why we bring in you guys. And there's more. We have another very complicated and emotionally charged case in which we want to talk with you about, so stick around. The case of that Georgia dad charged with murdering his young son in a hot car. We're getting a look into his secret life on the internet. Will that be used against him in court?
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WHITFIELD: The mother of the young boy who died in a hot car in Georgia has now hired an attorney. The 30-year-old has also left the state. She has not been charged in connection with her son's death. The boy's father, 33-year-old Justin Ross Harris, is charged with murder and child cruelty. Prosecutors believe he intentionally left his 22-month-old son in the sweltering car. Victor Blackwell says prosecutors are looking closely at his internet history now.
(BEGIN VIDEOTAPE)
VICTOR BLACKWELL, CNN CORRESPONDENT (voice-over): What are believed to be the words of Justin Ross Harris written one year ago online are now taking on new relevance as Harris is charged with killing his son. Killing a person in the sense of abortion is selfish and malicious with the intent of only satisfying your own personal agenda. On the social media site where Cobb County detectives say he read suspicious topic pages.
DETECTIVE PHIL STODDARD, COBB COUNTY, GEORGIA POLICE: He visited several sites, it was people who die. He went to a site called child free. Also did a search how to survive prison.
BLACKWELL: Hundreds of comments over three years under the screen name, Rosco UA. The most recent posted hours before his arrest. He offered a user advice on how to avoid arrest in the context of dui. The postmarked three months ago reads refuse to answer any questions and ask if you're being detained. If not, leave. He goes on, everything a police officer does during a possible dui traffic stop means he is trying to build evidence against you. You should do everything in your power to prevent this.
There are posts about gratitude. One year ago, about a new life in Georgia. I am now in my dream job, have a beautiful 6-month-old son and love going to work every day. I couldn't be happier. Also, posts about difficulties. Like the surprising challenge suggested during Harris' probable cause hearing and will almost certainly be revisited.
MADDOX KILGORE, DEFENSE ATTORNEY: Would you be surprised to know Ross is completely deaf in his right ear?
UNIDENTIFIED MALE: I did not.
BLACKWELL: Rosco UA explains I had a bottle rocket explode in my ear that shot by a friend. It caused me to have vertigo, terrible balance and facial paralysis for a long time. Thankfully after two surgeries, I have no outward issues, I am just deaf in my right ear. Potential evidence investigators are scouring to better investigate this father charged with killing his only child. Victor Blackwell, CNN, Atlanta.
(END VIDEOTAPE) WHITFIELD: All right, our legal guys are back. Avery Friedman in Cleveland, Richard Herman in Las Vegas. OK, so, Richard, the connection with the internet histories. How is this going to help build the case perhaps against this dad?
HERMAN: It's one of the building blocks to get a conviction here, Fred and sometimes, some cases are just so horrific that the fact patterns are not even as important as the crime and what happened and here, had a 22- month-old boy, baby, in the back of a car, who baked and died in the heat in a car. A juror, they're going to say, I can have an open mind here, I don't have any preconceived notions, how can you not?
How can your heart not melt and break at the scenario that this child died a violent death, which is what the autopsy said. His internet searches, wanting to live a childless life, how to survive prison. What it's going to take for a kid to die in a car in heat. You know, these are really problematic for the defense here.
While his attorney did a great job to try to keep out the intentional murder aspects of that hearing, I think he's going to get indicted. Charged with intentional murder and I look for the wife to get indicted, also.
WHITFIELD: Avery, are there any protection that come with a person's internet searches? You're drawing inferences just based on where somebody wants to go, what they're looking at?
FRIEDMAN: None whatsoever. Here we go again. Technology involved in a legal setting and there are absolutely no limitations. The argument by the prosecution is going to be look, this is a problem. How to lead a child free life. What that takes and how to avoid prison and what do you do if you're stopped by a police officer. There is probative value, some limited, but none the less, it is part of building this case.
I'm actually in accord. I do think if the crime is so horrific here that it's going to be very difficult for the defense of this individual to make sure he has opinionated jury. I don't know how that's going to happen. I also agree that I think the wife is somewhat on the line here. We don't know why she left, but you know what?
It was smart for her to get a lawyer. She should have had a lawyer before, dealing with media, dealing with the implications, talking with the prosecutors, it was actually the right thing to do and actually, I am in agreement. I do think that she's going to have some problems here.
WHITFIELD: OK. You all are in accord, in agreement on that.
FRIEDMAN: We agreed on two.
WHITFIELD: I know, but something tells me this is going to be the tiebreaker right here. Because you are in Cleveland, Avery, and Lebron James, the king, is coming home. And Richard, I know you're in New York, you were in Las Vegas, but oftentimes, Florida's kind of the snow bird state, I'm laying the ground work here. So, you first, Avery. You get to talk a little smack. Will you be front and center? Are you among the ticketholders now for the next season for the Cavs?
FRIEDMAN: Let me tell you something. This is, there's a reason this is number one on CNN, on front page of "The New York Times," front page of "The Wall Street Journal" because it is wonderful, major league news. The fact is that he has come back, shown humility. Humility. And that's what it's taken.
When he left, there was this arrogance, this sort of problem, maybe bad advice, whatever, but I think it has been neutralized. There are Midwest fundamental family values. He's coming back, going bring up a family here. I think it is magnificent.
WHITFIELD: Richard, you're not doing it, but I'm seeing you do this. I'm kind of envisioning that.
FRIEDMAN: I want to hear a minor league explanation from Richard on a major league development.
HERMAN: Bad advice to go to Miami and win two world championships, but as he's welcomed with open arms in Cleveland, make sure you regulate the temperature in the arena because you might get cramps in a championship game and have to sit out. Better be careful here with the king.
FRIEDMAN: Nice try, didn't work.
WHITFIELD: That's fun. It's all in fun. We laugh, we cry together, right?
FRIEDMAN: That's right.
HERMAN: Nice and cold in Cleveland.
FRIEDMAN: It will be hot for Lebron.
WHITFIELD: And the hits keep coming. All right, Gentleman, thanks so much. Always good to see you. Love you. And you can catch our legal guys every Saturday at this time. Giving their take on the most intriguing legal cases of the day and at the same time, have a little fun when ever and however they can. We'll be right back.
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WHITFIELD: Hello, again, everyone. I'm Fredricka Whitfield. Here are the top stories we're following in the CNN NEWSROOM. An admitted prostitute accused of finishing her glass of wine after killing a Google executive. Now, a closer look at the death of her former boyfriend. The similarities coming up.
Plus, how will President Obama deal with this overwhelming border crisis? He had a frank talk with some officials in Texas about it. We'll tell you what was discussed. And what would be your first thought if your wife went into labor? Could a lot of things, but probably not I should put a GoPro camera on my head. That's exactly what one man did and the moment he captured, well, it's pretty incredible.
We begin with the border crisis. The Homeland Security secretary says he wants to make this message clear to undocumented immigrants. You will be sent back and he visited a temporary facility and said, it will help speed up the process of deportations.
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JOHNSON: The message has to be that our border is not open to illegal migration and we are sending people back and this is an example of that effort.
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WHITFIELD: But thousands of children are still spilling across the border.
