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Erin Burnett Outfront
San Francisco Shooter Pleads Not Guilty; Report: Undocumented Immigrants Working at Trump Hotel Site; 'Cosby Show' Pulled From Air. Aired 7-8:00p ET
Aired July 07, 2015 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[19:00:06] ERIN BURNETT, CNN ANCHOR: OUTFRONT tonight, breaking news, a man who was in the United States illegally pleads not guilty to murdering a young woman in San Francisco. What happens to him, next?
Plus, is Donald Trump employing a non-documented workers on one of his construction sites? OUTFRONT investigates.
And more breaking news, subway dropping spokesman Jared Fogle after Feds raids his home seizing his computers. What were they looking for and what did they find? Let's go OUTFRONT.
Good evening. I'm Erin Burnett. OUTFRONT tonight, the breaking news, an undocumented Mexican immigrant pleading not guilty to murder. Juan Francisco Lopez Sanchez who had been deported five times is accused of shooting and killing this 32-year-old San Francisco woman. Kate Steinle was working with her father on a pier in San Francisco. She was shot once in the chest. Sanchez even admitted to the shooting but he says it was just an accident. Immigration officials are blaming the city of San Francisco. It's a so-called sanctuary city for immigrants. They are blaming it for failing to turn Sanchez over for deportation. He had been arrested in the city on drug charges but was released instead of being handed over for his sixth deportation. You heard me right, sixth. Tonight, for the first time, democratic presidential candidate Hillary Clinton weighing in.
(BEGIN VIDEO CLIP)
HILLARY CLINTON (R), PRESIDENTIAL CANDIDATE: Here is a case where we've deported, we've deported, we've deported, he ends back up in our country and I think the city made a mistake.
(END VIDEO CLIP)
BURNETT: And republican presidential candidate Donald Trump who is blamed immigration policy for Steinle's death again today refused to back down from his controversial comments calling illegal immigrants rapists and criminals.
(BEGIN VIDEO CLIP)
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Talking about illegal immigration and it's a bad subject in this country, and people don't have the guts to address it. We have to stop illegal immigration into this country. It's killing our country.
(END VIDEO CLIP)
BURNETT: Sara Sidner is OUTFRONT from San Francisco tonight. And Sara, I mean, one of the stark truss about this is if San Francisco had turned Sanchez over for deportation, Kate Steinle would be alive tonight.
SARA SIDNER, CNN CORRESPONDENT: That's true but San Francisco sheriff says, hey, if ICE had done its job knowing what the policy rules that have been in place for years now and gone to a court, he wouldn't have been out, either. They would have gotten their man.
(BEGIN VIDEOTAPE)
SIDNER (voice-over): Now facing murder charges, undocumented immigrant Juan Francisco Lopez Sanchez told a judge he was not guilty in the killing of 32-year-old Kate Steinle. Even with the Spanish translator, he didn't seem to understand what was going on in court and answered the judge's questions about court dates with the same answer, not guilty in Spanish.
(SPEAKING FOREIGN LANGUAGE)
Wednesday, Kate Steinle was enjoying a walk along San Francisco Pier 14 with her father when she was suddenly struck with a bullet. When she laid on the ground she pleaded with her father to help her. He tried but she died at the hospital. It was a random encounter but the details have sparked a political firestorm because Lopez Sanchez was an undocumented immigrant allowed out of jail just three months ago even after his record showed several felony convictions and five deportations to Mexico.
As the so-called sanctuary city, San Francisco said it was following its own policy that prevented from holding non-violent offenders for immigration and customs enforcement unless it has a court order. ICE blames the local government for failing to notify it about Sanchez's release but the local government says, ICE didn't do what it was supposed to do.
(on camera): Are you sort of saying that the Feds made the blunder here?
SHERIFF ROSS MIRKARIMI, SAN FRANCISCO CITY AND COUNTY: What I'm saying is that the laws are changing in municipalities throughout this fate and throughout this country. And I feel that the Feds need to really catch up and this was affirmed even in a meeting that I had with Homeland Security, cabinet Secretary Johnson and their deputy director earlier this year when he met with myself and other -- to suggest our laws are changing. What is it that the Feds are going to do in order to comport with our requirements because ultimately, they still need an order from a judge in order to facilitate the deportation of somebody who had been incarcerated or once incarcerated?
SIDNER (voice-over): ICE did not get a judge's order. Immigrants' rights advocates say, these cases misses a huge point. It's not about immigrants' rights, it's about gun rights.
ANGELA CHAN, SENIOR STAFF ATTORNEY AND POLICY DIRECTOR, ASIAN LAW CAUCUS: We're getting distracted by conflicting immigration with criminal justice, and criminalizing entire swas of communities based on the horrible actions of one person and that doesn't address public safety. It doesn't prevent these horrible tragedies from happening again. There needs to be questions asked about how people obtain guns in this country compared to other countries.
(END VIDEOTAPE)
SIDNER: Lopez Sanchez is expected back here in court on June 20th and June 27th and that is because when the judge kept asking about those dates, he was very confused and just kept saying not guilty so the judge says okay, we'll go ahead and have you here in court. He is now in jail on a $5 million bail -- Erin.
[19:05:18] BURNETT: All right. Thank you very much, Sarah. It's an incredibly horrible story. A tragedy no matter how you look at it. So how much crime is really committed by undocumented or illegal immigrants? Is this as big of a problem as Donald Trump says.
Tom Foreman is here with an OUTFRONT investigation. And is Tom, the pointblank question, is Trump right?
TOM FOREMAN, CNN CORRESPONDENT: Well, Erin, if you look at certain facts, there is something to support what he says. For example, in 2014 well over 30,000 undocumented immigrants with criminal records were released. For all types of crimes, big ones and small ones and U.S. immigration customs enforcement says a staggering 121 people released in this fashion were later rearrested for suspected involvement in murder. Now, these cases often make headlines. For example, earlier this year, one of the former contestants for "America's Top Model" was killed in a triple homicide in North Carolina.
A chief suspect for those killings was this man, an undocumented immigrant who was once in custody and was incredibly set free. In 2010, a woman in New York had been menaced by an undocumented immigrant from China. He had picked up, shuffled through the prison in immigration system for a while. Then, because China would not take him back, he was set free and authorities say, he then hunted her down in New York and brutally killed her literally ripping out her heart and these stories go on and on, Erin, and the country this big, does that represent a gigantic surging problem? I don't know. But it is very shocking the cases you do hear about.
BURNETT: It is shocking and troubling and here is the question, Tom, these people are in custody. They are in the United States illegally, and they are criminals in these cases. Why are they ever then set free? They are in custody. Why wouldn't you say there is the boarder, good-bye, let the door hit you on the way out?
FOREMAN: That is a fantastic question and part of this is a legal matter. I'll say immigration has a person in custody. They want to deport him but as in the case with the guy from China, the home country says we don't want him, either. We'll not going to take him back. The Supreme Court has ruled these people cannot be held forever just because they might be a threat. So you would think that all these law enforcement agencies state, local and federal would agree to track these dangerous individuals, but even though we've talked for years about a comprehensive network of information sharing between all law enforcement agencies, it still does not exist. So one agency may know a dangerous guy is free and roaming some state, but the local folks may not though and vice versa and too often, Erin, the victims have no clue.
BURNETT: It's unbelievable. All right. Thank you very much, Tom.
And OUTFRONT now, Pulitzer Prize winner, journalist Jose Antonio Vargas, he is chronicled his own life as an undocumented immigrant in the United States since he was 12. Jose, look, this is a dark side of the story, right? Thirty thousand undocumented immigrants with criminal records as Tom just reported released last year. That's just one year. Many people hear that and they are shocked. They think look, if you're in the country illegally, you commit a crime, you get deported, period.
JOSE ANTONIO VARGAS, UNDOCUMENTED IMMIGRANT: By the way, 30,000 out of about an estimated 11 million undocumented immigrants, right? Thirty thousand of estimated 11 million undocumented immigrants. I think I have to tell you, listening to that report by Tom, I'm not sure if he reads the study from the University of Massachusetts saying that foreign born individuals exhibit remarkably low levels of involvement of crime course of life course. A study from Northwestern University that said, there is essentially no correlation between immigrants and violent crime. We in the media are the ones making these correlations that since we're talking about, quote-unquote, "illegal people," that they are violent criminals. This is a tragedy. I completely agree with you. This is a tragedy.
BURNETT: I mean, look --
VARGAS: But for us to conflate --
BURNETT: You may have a point but let me just ask you about correlating, correlation, right? But let me just ask you about the raw absolute number, right? Thirty thousand undocumented immigrants with criminal records released last year and not deported. That's still wrong, isn't it?
VARGAS: By the way, like I don't know the numbers in terms of how many of those people have committed violent acts or murder. I don't know that. But what I do know is a lot of people who are considered to be actually, if you look to the people who are actually in prison right now, in custody, a lot of them is because of immigration violations, not because of criminal violent violations. I mean, I have to say reading all the news, we're talking about immigration, which is incredibly complicated, right?
BURNETT: Uh-mm. Yes. VARGAS: My question about that case in San Francisco is why
didn't ICE, one of the most rogue, if not the most rogue over mental agency, why didn't they issue a warrant to arrest him? Right?
BURNETT: So, let me ask you about that case. Right? The suspect in the San Francisco murder case on his way to being deported for a sixth time.
VARGAS: Yes.
BURNETT: Now, San Francisco didn't hand him over because it's a sanctuary city. You just heard Hillary Clinton say, San Francisco made a mistake.
VARGAS: Wait, wait, wait, now that's factually incorrect. As a sanctuary city, they can actually, once a judge issued a warrant, they could have turned him in, but ICE didn't do that. ICE didn't follow that. And I actually think this is where it's really interesting, right?
BURNETT: So you're saying it's ICE's fault, not San Francisco's?
VARGAS: Yes, ICE's fault and people have to really understand what ICE does. Right? We're talking about billions of dollars spending supposedly to keep our boarders secure and mind you, this guy got caught. He kept going back in and out. Right?
BURNETT: Right.
VARGAS: How did that happen?
[19:10:48] BURNETT: Now, ICE, just so you know is saying that they asked San Francisco to notify them when they would going to release this guy. They're saying that that was not honored, they were not notified. That's what they are saying.
VARGAS: Well, I mean, again, to me, from an immigration process perspective, the fact that they didn't get a judge to issue a warrant, not just deport him but to detain him, not even to detain him. And back to Donald Trump because we have to talk about this. The irresponsibility that Donald Trump has been doing in the past couple weeks now trying to relate immigration, illegal immigration, criminality and Mexicans. There are 33 million Mexican Americans in this country, 22 million of whom are born in America, are American born citizens. Yet, Donald Trump stalks about immigration as if it's a Mexican problem. This Donald Trump, I mean, I was watching your show last night, actually, Erin --
BURNETT: Uh-mm.
VARGAS: And when Donald Trump says that we must secure the border, why doesn't anybody in the media actually talk about the fact that in the past decade, those one million less people who have come to this country?
BURNETT: Economic crisis had a lot to do with that. Let me play --
VARGAS: But if you talk to border patrol -- go ahead. Go ahead.
BURNETT: I just want to play what Donald has been saying because to your point he has doubled down, he is not backing down at all. Here he is on this program, another program on CNN.
(BEGIN VIDEO CLIP)
BURNETT: You don't have any regrets about that word rapists?
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Some are good and some are rapists and some are killers and we don't even know what we're getting. All you have to do is go to Fusion and pick up the stories on rape.
DON LEMON, CNN ANCHOR: That's about women being raped, it's not about criminals coming across the border or entering the country.
TRUMP: Well, somebody is doing the raping, Don.
(END VIDEO CLIP)
BURNETT: Now, Jose, the cases that Tom was mentioning and to your point, they are just a few cases but they are horrific cases and they shouldn't be happening. Those people shouldn't be here that are doing those kinds of crimes.
VARGAS: Dylann Roof shouldn't be happening. Dylann Roof shouldn't be happening, right? But to say that those cases represent 11 million people and back to Donald Trump, here is my question, Erin. And yes, I really want to ask you this question, what is the responsibility of journalists? Once Donald Trump says, secure this border, what is our responsibility to say, Mr. Trump, right, border, the level of migration from here, from Mexico to the United States is actually at the lowest level since the '70s.
BURNETT: Right, which is a fair point but still is it a fair point to note that 30,000 undocumented immigrants with criminal records were released in the United States and not deported. I think your point is fair but I think that point is fair, too.
VARGAS: Of course it's a fair point. But again, we're talking about 30,000 people. I don't know the specific stories are. Now, mind you, what happened in San Francisco is a tragedy but to blame sanctuary cities which is really is a misnomer, right? Sanctuary cities are actually people in the cities making a decision, right? Police chief sheriff is making a decision that it's much better since these undocumented people are integrated in their cities, in their communities to be a part of that community so they can report a crime, so they can report harassment, so they can be a part of the community. That's what that is about.
BURNETT: Right. All right. Well, Jose, thank you very much and I do just want to note for the record, a local reporter in San Francisco and affiliate of CNN asked Sanchez why he live in San Francisco and he did say specifically because it was a sanctuary city where he knew he would not be pursued by immigration officials.
All right. Jose, thanks so much. I appreciate it.
VARGAS: Thank you for having me.
BURNETT: And OUTFRONT next, are undocumented immigrants building Donald Trump's latest luxury hotel.
Plus, OUTFRONT tonight, super-model Janice Dickinson, one of Bill Cosby's most vocal accusers, does his sworn testimony support her claims or not? And investigators raid the home of subways Jared Fogle, the restaurant chain and his famous spokesman parting ways. Subway dumping him. Could he face federal charges?
(COMMERCIAL BREAK)
[19:18:17] BURNETT: Tonight, a damming report claiming undocumented immigrants are working at Donald Trump's new luxury hotel construction site in Washington, D.C. The Washington Post talk to several workers at the site and they told that the reporter that they entered the United States illegally.
Joe Johns is OUTFRONT.
(BEGIN VIDEOTAPE)
JOE JOHNS, CNN SENIOR WASHINGTON CORRESPONDENT (voice-over): Just blocks from the White House in downtown Washington, real estate mogul Donald Trump is turning the old post office pavilion into a luxury hotel that will bare his name.
TRUMP: It will be perhaps the most luxury hotel when we finish anywhere in the world.
JOHNS: Trump has touted the $20 million construction projects on the campaign trail.
TRUMP: I got it for two reasons. Number one, we had a really good. Number two, we had a really good plan. And I'll add in the third, we had a great financial statement.
JOHNS: That construction site has now become ground zero in the debate over illegal immigration sparked by Trump's comments about Mexican immigrants last month.
TRUMP: They are bringing drugs. They are bringing crime. They are rapists and some, I assume are good people.
JOHNS: "The Washington Post" interviewed about 15 laborers at the D.C. hotel site reporting that many revealed they had entered the U.S. illegally. CNN spoke to four workers of Hispanic descent, none of whom would speak on camera for fear of losing their jobs. And none would say whether they legally resided in the U.S. But they did expressed outrage over what they said were Trump's offensive remarks.
(SPEAKING FOREIGN LANGUAGE) JOHNS: One of their colleagues told CNN, he didn't know anyone
on the project who was undocumented while others say, they were focused on the job, not the controversy.
UNIDENTIFIED MALE: I don't give a (bleep) about it. You know, I'm here to make some money. That's it.
JOHNS: In a statement, Trump spokesperson said, the obligation to check all workers on site is exclusive to lend lease, the contractor on the project adding this of course, assumes that the assertion regarding the employee status is accurate.
So far, the controversy hasn't hurt Trump in the polls, but it has affected his bottom-line.
TRUMP: You're fired.
JOHNS: NBC dropped Trump's hit show, "The Apprentice." That network and Univision pulled out of the Miss USA and Miss Universe pageant co-owned by Trump. Serta and Macy's also cut ties with the brash billionaire.
TRUMP: I'm really big on dressing for success.
For the people that say, I'm doing it for my brand, this isn't good for my brand. I think it's bad for my brand. I don't care. You know, maybe I'm leading in polls but this is certainly not good, I lose customers, I lose people.
(END VIDEOTAPE)
JOHNS: And tonight, the list of those distancing themselves from Trump is growing. The PGA announcing it will not hold its grand slam of golf tournament at Trump's national in Los Angeles this year and is looking for another venue -- Erin.
BURNETT: All right, Joe. Thank you very much.
And OUTFRONT now, our political commentators, S.E. Cupp and Paul Begala. Paul also is a senior advisor for Priorities USA action which is a Super Pac raising money for Hillary Clinton.
Paul, this "Washington Post" report is exactly what Trump's GOP rivals wanted, right? They wanted someone to come in and undermine him right on this core issue but is it enough to hurt Trump with voters?
PAUL BEGALA, CNN POLITICAL COMMENTATOR: You know, I don't know. Joe's report was just terrific. I like the construction guy that --
BURNETT: I agree with you. That was the highlight.
BEGALA: That was great. But, you know, he is speaking as we talked about on the air before, to a lot of anger among folks but if you get labeled a hypocrite, his answer is this is a subcontractor responsible for this. The next step was going to be this though. You know, Joe pointed out that the PGA is now celebrating, reminded me that Mr. Trump owns a bunch of golf courses.
BURNETT: Yes.
BEGALA: I'm not a golfer but they tell me, you like wonder around on the grass or something. Somebody once told me that some of the people who work at golf course sometimes don't have proper papers especially in a border state like, California, it's a Los Angeles Trump force that broke up with the PGA today. So, this could cascade for Mr. Trump on that making an allegations on the slightest idea I couldn't find my way around gold course --
BURNETT: You're saying it's possible. Yes.
BEGALA: Well, it's plausible that other journalist are going to look into this and frankly other Republicans may be goading them into doing it.
BURNETT: Well, and who knows where that "Washington Post" reporter originated. I mean, S.E., to Paul's point, right, Trump's rivals want voters to see him as a hypocrite. But as Paul pointed out, Trump says, it's the contractor that's who's responsible for the hiring, the background checks. By the way, that's true. That's how the construction business works. But will this move the needle against Trump or not?
S.E. CUPP, CNN POLITICAL COMMENTATOR: Well, I think when you compound that with the fact that you also have to remember Trump employs a lot of people. He employs a lot of people at those golf courses. He employs a lot of people at NBC's for "The Apprentice." He employs a lot of people that make his shirts and ties sold exclusively to Macy's before it no longer be sold.
BEGALA: Right.
CUPP: And if you remember back to his presidential announcement, he declared he would be the greatest jobs' president that God ever created.
BURNETT: Right. He did draw God into it.
CUPP: And I think if Republicans or journalists wanted to press him on something substantive in this as well, they would ask, how many people have lost their jobs because of your message and because of the business opportunities that have been dumped?
[19:23:12] BURNETT: Now, Paul, okay, let's take the other side of this. Hillary Clinton, Bill Clinton were at Donald Trump's wedding. Lots of pictures of them there. Donald Trump donated to Hillary Clinton's Senate campaign. In this picture, you'll see Bill with Donald at a charity golf event. They are friendly. Isn't it a bit hypocritical of Hillary Clinton to now be disowning Donald Trump as she did in her interview, which I'm going to play a little bit of it in a moment today with our Brianna Keilar?
BEGALA: We'll get to the clip. I noticed that she was very gentle. Actually, she distanced herself from the comments. She said, they were disappointing, the comments would --
BURNETT: Hmm. So you thought it was gentle?
BEGALA: Well, believe me, I've gotten scorched by Hillary, that's mild for her. Okay. So, she's like saying, oh, that's disappointing because as you point out, they have a friendship. He did support her in the past, and I bet you he's sitting on a stack of very gracious thank you notes that Hillary has sent him in the past --
BURNETT: And I'm sure he saved every one.
BEGALA: Absolutely. He's great at this stuff.
BURNETT: All right.
BEGALA: And so, I don't think she's hypocritical because I didn't think she went over the top. She slammed Jeb Bush much harder than she did Donald Trump.
BURNETT: Interesting though. That's interesting take on it. All right. So, let's get to the interview that Brianna did exclusive with Hillary Clinton, S.E. Here is what Clinton had to say on Trump's comments on undocumented immigrants. Let's play it.
(BEGIN VIDEO CLIP)
CLINTON: I'm very disappointed in those comments and I feel very bad and very disappointed with him and with the Republican Party for not responding immediately and saying enough, stop it.
(END VIDEO CLIP)
BURNETT: Hmm. It does, and now I hear it with Paul's context, it does sound a little soft, S.E.
CUPP: Right to the Republicans. Yes, I think actually that's a gift to Republicans, especially Republicans like Rick Perry and Jeb Bush and Lindsey Graham who now have an opportunity to come out pretty hard against the comparison between them and Donald Trump, as they have fairly nuance positions on immigrations that are much different than anything Trump has said. So, I think that is an opportunity she just handed over. But I think her larger comments on immigration, I don't know if you plan to play any of those but her larger comments on immigration I thought sounded really extreme and outside the mainstream of what most people think on this issue.
Most people on immigration when they're pulled prioritize boarder security, not a pathway to citizenship which she said, I think four or five times in that interview. Most illegal immigrants prioritize legal status. Not a pathway to citizenship. Many want to return home. And in the wake of the sanctuary city, shooting and that five- time deported, seven-time convicted felon, I think most people are not in the mood to be told by Hillary Clinton, we're not sending them all home. I think that was a very tone deaf out of step moment that she had in that otherwise great interview that Brianna did.
BURNETT: All right.
BEGALA: Well, but she can't win for losing. Wait a minute. If she follows the polls, then we accuse her of being an authentic following the polls. This time she didn't follow the polls and she's tone deaf. So, I mean, come on, we got to cut the lady a break here. She just actually said what she thinks and I thought actually that was one of her better moments in the interview because you could see she's actually been talking to voters and she's very concerned about the issue of immigration and the pain that it's caused specially in the Latino community.
BURNETT: All right. Thanks very much to both of you. And don't miss Donald Trump back, he'll be back on CNN tomorrow night at this time with Anderson on "AC 360."
And OUTFRONT next, the TV network pulling Cosby show reruns. My guest, the woman called America's first super model, Janice Dickinson.
And Subway Spokesman Jared Fogle, his home raided by federal agents. Subway erasing his image from its website, cutting all ties with him. Why? We have that breaking story ahead.
(COMMERCIAL BREAK)
[19:30:42] BURNETT: Tonight, "The Cosby Show" pulled from the air. Bounce TV, one of the fastest growing TV networks in America, dropping Cosby reruns after Bill Cosby admitted under oath he drugged women he wanted to have sex with.
But tonight there are questions surrounding Cosby's admission, since some women involved knew about the drugs. Is this the slam dunk that vindicates Cosby's dozen of accusers?
In a moment, I'm going to be speaking live with one of those accusers, super model Janice Dickinson. But first, Jean Casarez is OUTFRONT.
(BEGIN VIDEOTAPE)
JEAN CASAREZ, CNN CORRESPONDENT (voice-over): One by one, they came forward.
JOAN TARSHIS, COSBY ACCUSER: I woke up or came to very groggily with him removing my underwear.
UNIDENTIFIED FEMALE: The room started to spin.
BEVERLY JOHNSON, COSBY ACCUSER: Cosby was on top of me, kissing me forcefully.
CASAREZ: More than 25 accusers over the past 40 years, but some people have doubts.
WHOOPI GOLDBERG, THE VIEW: Getting accused of stuff when you're famous does, is it opens the door for everybody to come out and say, and me, too, boss. CASAREZ: Some now disbelieved.
Singer Jill Scott supported Cosby, tweeting in December, "I'm respecting a man who has done more for the image of brown people than almost anyone ever." Now admitting she was wrong. Scott tweeted after hearing Cosby's admission, "Sadly, his own testimony offers proof of terrible deeds, which is all I ever required to believe accusations."
That testimony is from a deposition given by Cosby under oath in 2005 as part of a civil case filed that same year in Pennsylvania by Andrea Constand, an employee at Temple University where Cosby was on the board of trustees. Constand alleged she was sexual assaulted by Cosby in 2004.
"When you got the Quaaludes, was it in your mind you were going to use these Quaaludes for young women you wanted to have sex with?" "Yes." "Did you ever give any of those young women the Quaaludes without their knowledge?" The lawyer objects.
Cosby also describes an encounter in Las Vegas in the 1970s. "She meets me back stage. I give her Quaaludes. We then have sex."
While neither of the statements constitute proof, they are the closest Cosby has come to admitting he drugged women and took advantage of them.
According to ABC News, Cosby's camp said in a statement, "The only reason Mr. Cosby settled is because it would have been embarrassing in those days to put all those women on the stand and his family had no clue. That would have been very hurtful."
But Cosby's lawyer Marty Singer tells CNN, "We have no knowledge who issued the statement to ABC. It was not an authorized statement from any Cosby representative."
The records were made public Monday after the associated press went to court to compel their release. In rendering his decision, the judge said Cosby had donned the mantle of public moralist and the stark contrast between Bill Cosby, the public moralist, and Bill Cosby, the subject of serious allegations concerning improper and perhaps criminal conduct, is a matter as to which the public has a significant interest.
(END VIDEOTAPE)
CASAREZ: Now, Bill Cosby was deposed for two days in 2005, and there was an interim seal that was put on it. So, it definitely could have been public. But then everything came to a halt, the case did not go to trial. There was a confidentiality agreement as part of that. That deposition was to be sealed and wasn't opened until now, ten years later -- Erin.
BURNETT: It's incredible. I mean, you think about that decision made.
All right. Jean, thank you very much.
And OUTFRONT now, supermodel Janice Dickinson, she claims Bill Cosby assaulted her in 1982 and she's suing him for defamation after he called her a liar. With Janice, her attorney Lisa Bloom.
Janice, let me start with you. Cosby's attorney last year called your claims nothing more than a, quote, "fabricated lie". Yesterday when you heard this news that Cosby admitted to giving drugs to women he wanted to have sex with, what did you think?
JANICE DICKINSON, ALLEGES BILL COSBY SEXUALLY ASSAULTED HER IN 1982: I'm angry. I'm angry that it happened to me in the first place. I'm angry that I was drugged against the law and that I was raped without my consent against the law.
[19:35:00] Two violations. I think that -- I have -- I have mixed emotions.
BURNETT: And, Janice --
DICKINSON: My feelings --
BURNETT: I'm sorry.
DICKINSON: My feelings are that I've, not only I, all of these women and even the women that haven't come forward have been holding on to this and we have been called liars and we have been called, you know, fabrication, fabricating these lies and making false allegations against this big, America's dad hero power narcissistic cause.
I'm very upset, and I'm embarrassed, embarrassed for his fans that he has deceived for all of these years. More than 30, you know. I've been holding on to this since 1982 and I am just extremely upset.
I do not feel vindicated. I do not feel, I don't feel, you know, any yippee-ki-yay. I feel that, you know, women that have been supporting him, his wife, his family, his fans, Whoopi Goldberg, you know, all these other women, Ms. Scott -- thank you for coming forward, Ms. Scott, by the way. It's now up, it's now -- I just need Lisa to depose this man so I can have some solace to my soul, so healing can take place.
What about the embarrassment for my family, for my friends, for the people that I've worked for, the work that I've been denied, the catastrophic nightmares, the embarrassment to my children?
BURNETT: Lisa, you know, when you hear Janice and it's very powerful, Janice, when you say you don't feel vindicated, it isn't that simple, it isn't that black and white.
You know, Lisa, of usually in the deposition, Bill Cosby didn't admit to actually drugging accusers without knowledge because the two women knew that these were drugs they were being handed and I spoke to defense attorney --
LISA BLOOM, ATTORNEY: Well, wait, not exactly. BURNETT: OK, go ahead.
BLOOM: Not exactly. His attorney didn't allow him to the answer that question. And that's very important because I've read the several hundred pages of documents released yesterday, not just "The A.P." couple paragraphs on them and his attorneys obfuscated and blocked him from answering almost every question. In fact, it's amazing he did answer this question about the drugs.
BURNETT: Right.
BLOOM: Somehow that question got out and answer got out and then they went back to objecting to just about everything.
So, Cosby did not deny, he just didn't answer the question whether it was done without consent.
BURNETT: Right, he didn't and his attorneys have said the women knew to your point, it's unclear whether they knew or didn't, but this is what they are putting out there. Let me just play for you what defense attorney Tom Mesereau said about these accusations, in light of this specific issue. This is what he said on the show last night.
(BEGIN VIDEO CLIP)
TOM MESEREAU, DEFENSE ATTORNEY: You know, in the '70s and '80s, you had a lot of situations where men were giving drugs to women, women were giving drugs to men, both were consenting, both had ulterior motives.
(END VIDEO CLIP)
BURNETT: So, what do you say to people who say this isn't a clear cut case, Lisa?
BLOOM: Listen, I know Tom Mesereau, I love Tom Mesereau. But you got to be kidding me. This has nothing to do with people consensually doing drugs in the '70s and '80s, which I lived through as well.
There is a big difference between sex and rape. And, by the way, even if a woman voluntarily uses drugs, once she's passed out and somebody has sex with her, that's called rape, period, end of story. But we have a big spread sheet in my office of the 47 women who had now come forward publicly and almost all of them say they were drugged without their consent.
Janice, for example, thought she was taking a little pill Cosby was offering her for menstrual cramps. It turns out to have and completely knocked her out, according to her allegations. Is that one of the people who --
DICKINSON: I was sodomized --
(CROSSTALK)
BLOOM: And was raped.
BURNETT: Janice, what do you think about Whoopi Goldberg? You know, she's come out and defended Bill Cosby. I'll play a little more. In Jean's piece, you heard her on "The View", but here's a little bit more of what Whoopi said.
(BEGIN VIDEO CLIP)
GOLDBERG: In America, still, I know it's a shock but you actually were innocent until proven guilty. He has not been proven a rapist.
(END VIDEO CLIP)
BURNETT: Janice, when you hear that, what do you think?
[19:40:00] I mean, how does someone at this point prove, prove something?
DICKINSON: I can't answer -- I can't answer anything about Whoopi Goldberg, you know? I mean, she's a talk show host, you know? I don't know if she's ever been raped or drugged or bought off. I don't know. I can't -- I can't answer that.
BLOOM: Erin?
BIURNETT: Yes, Lisa?
BLOOM: Can I take a quick shot at that?
BURNETT: Yes.
BLOOM: Yes, it's interesting that Bill Cosby and his supporters always say it's never been proven in court when we know for at least 10 years, Cosby's attorneys have done everything possible to keep women out of court. That's what they did in 2005. That's what they're doing now in our case. Bill Cosby refused to show up for his deposition in our case a few weeks ago.
I guess now we know why he doesn't want to come down and answer questions.
But, ultimately, Janice Dickinson is going to get her day in court and so are some of the other women.
BURNETT: So, Lisa, what are you going to do next with the case?
BLOOM: Well, we're going to fight back against all of the technical allegations that they've raised and their motions to dismiss. That will be argued in October. And then we'll make a motion that Bill Cosby, just like every other litigant in California here, has to come down and answer questions under oath.
There's no special exception for celebrities. I think he will have to come to my office and answer my questions. I'm sure his attorneys will fight everything like they've done in the other cases. BURNETT: Right.
BLOOM: But I'm confident that the judge here, just like the judge in Pennsylvania will help and assist us in getting justice.
BURNETT: Well, I hope -- I hope he does answer those questions and I thank both of you very much.
Janice, I know it's hard for you to talk about it, but thank you so much for coming on and answering my questions.
Thanks, Lisa, as always.
DICKINSON: You're welcome, Erin. Thank you.
BLOOM: Thank you.
BURNETT: And OUTFRONT next, investigators raiding the home of Subway spokesman Jared Fogle. The company basically suspending their relationship. The dark story behind the raid is next.
And this, new video surfacing of a star quarterback punching a woman in the face. His lawyer said, she says something racist to prompt this. But would that excuse the violence?
(COMMERCIAL BREAK)
[19:46:04] BURNETT: Breaking news, Subway suspending its relationship with Jared. Federal authorities raiding Jared Fogle's home, removing computers. He's under investigation tonight after the director of his children's foundation was arrested on child pornography charges.
Jared Fogle became the face of Subway after losing more than 200 pounds on a diet of Subway sandwiches. Subway saying it's shocked by the investigation.
Ryan Young is OUTFRONT.
(BEGIN VIDEOTAPE)
RYAN YOUNG, CNN CORRESPONDENT (voice-over): Investigators descend before dawn on the Indiana home of longtime Subway spokesman Jared Fogle.
Hours later, hauling electronics and paperwork into a white van parked in his driveway. A visibly upset Fogle was escorted into and out of the van. An FBI agent refused to discuss the nature of the investigation, but today's raid comes just two months after Russell Taylor, the executive director of Fogle's foundation to combat childhood obesity was charged with production and possession of child pornography.
Fogle first hit the national stage in 2000 starring in Subway ads saying he lost 245 points from a peak weight of 245 pounds in college, through exercise and steady diet of low fat Subway sandwiches. Fogle has gone on to star in hundreds of Subway commercials. But in recent years, it appeared that Fogle continues to struggle with his weight.
JARED FOGLE, FORMER SUBWAY SPOKESMAN: I don't eat it every single day anymore but I learned in moderation. I'll tell you, I've kept the weight off new for 15 years. I probably average eating it three or four days a week and I travel almost 200 days a year.
YOUNG: After today's raid, the fast food chain putting out a statement later today saying, "Subway and Jared Fogle have mutually agreed to suspend the relationship due to the current investigation."
Earlier, the company scrubbed any sign of Fogle from its Website, including a page called Jared's Journey.
UNIDENTIFIED FEMALE: The only thing I see around his home are happy people doing their yard, waving, so I'm shocked and upset, of course, and saddened. A great figure in our community.
YOUNG: Fogle's attorney releaed a statement saying his client is cooperating and has not been detained, arrested or charged with any crime or offense.
(END VIDEOTAPE)
YOUNG: There's been a lot of conversation about what is going on with this investigation. Subway released another start of the statement that says, "Jared continues to cooperate with authorities and he expects no actions to be forthcoming." We're also looking forward to hearing from investigators as well -- Erin.
BURNETT: Ryan, thank you. And we'll be following that story.
Next, we have newly released video of a star quarterback punching a woman at a bar. This is actually, obviously, really hard to watch. His attorney says she used a racial slur and that attorney is my guest next.
(COMMERCIAL BREAK)
[19:50:55] BURNETT: Tonight, shocking surveillance video we're going to show you. It's hard to watch, but this is a punch. A star quarterback in a bar punching a woman in the face. Tonight, the football player's lawyer says that man had insulted the player using racial slurs. She hit him first. Attorney Jose Baez defending dismissed Florida State quarterback De'Andre Johnson will be my guest in a just moment.
But first, Coy Wire is OUTFRONT with the details.
(BEGIN VIDEOTAPE)
COY WIRE, CNN SPORTS (voice-over): The video is shocking. Florida State freshman De'Andre Johnson seen punching a woman in a nightclub in Tallahassee, Florida. The fight caught on the night club surveillance camera shows Johnson bumping into a woman at the bar.
Seconds later, she raises her fist, he grabs her arm and she takes a swing at him. He responds with a swift blow to her face.
Court records say the victim suffered swelling of her left cheek and lip, bruising around her eye and cut on her nose.
Johnson is now charged with misdemeanor battery.
Hours after the video became public, Florida State head football coach Jimbo Fisher dismissed Johnson from the team.
Today, FSU president John Thrasher supported the decision saying, "While it is always important to adhere to due process, having now seen the physical altercation captured on video, there is no question in my mind Coach Fisher made the correct decision."
Students on campus were shocked when they saw the video of Johnson throwing a punch at the woman.
UNIDENTIFIED FEMALE: I don't know why he would do that when it's a woman like that's definitely not acceptable.
WIRE: Johnson's attorney Jose Baez says Johnson reacted after the young woman yelled racial things at him. He says his client is embarrassed and apologizes for his behavior. The 19-year-old is not the first FSU quarterback to make headlines off the field.
The team starter last year, Jameis Winston, who became a number one NFL draft pick, was accused of rape in 2012. But no charges were ever brought against him.
The university investigated, but didn't take any other action.
The Johnson video is similar to the one shown by TMZ Sports of NFL running back Ray Rice. In 2014, he viciously knocks out his then fiancee in a casino elevator in Atlantic City, New Jersey.
Rice was let go by the Baltimore Ravens and has yet to find a team that wants to sigh him.
As for Johnson, his once promising career may be over before it even begins.
Coy Wire, CNN, Atlanta.
(END VIDEOTAPE)
BURNETT: Johnson's attorney Jose Baez is OUTFRONT.
And, Jose, thanks very much for coming on. I want to get straight to the issue of what started this. I know you've said the woman used racial slurs.
What can you tell us about what she said to De'Andre?
JOSE BAEZ, ATTORNEY FOR DE'ANDRE JOHNSON: That's not our message, Erin. That got originally leaked and I was asked about it. There are witnesses that will testify to that. I want tolly leaked and I was asked about it. There are witnesses who will testify to that.
But I want to tell you, our message is clear. De'Andre is very apologetic for his behavior. This is a young man who's already, based on his family, already has him volunteering at a battered women's shelter.
He is trying to learn and grow from this experience. He made a mistake. He certainly wishes he walked away and didn't engage in what occurred here, and is basically trying to get his life back together, which has already derailed.
BURNETT: So, Jose, you're not trying to say that the racial slurs, no matter how horrible they may have been and horrific they may have been justify what happened.
BAEZ: No. In fact, they occurred early on in the conversation before he struck her. And immediately, once she turned around. So, that wasn't what -- as many people are saying, provoked this incident.
I disagree with that. He has no excuses. He owns this. He realizes he made a huge mistake.
And, you know, he is off the team. His scholarship has been taken away. And he is trying to learn and grow from this experience.
BURNETT: So, what's going to happen to him? As you said, star quarterback. He's been kicked off the team. He's lost his scholarship.
BAEZ: Well, hopefully, we can teach our young adults if they make mistakes, they need on learn from them and hopefully grow from there. That may stop violence in the future.
[19:55:00] And his family is strongly against violence against women. This was not the way he was raised and he feels very ashamed, embarrass asked apologetic over the whole incident.
So, now, all he can possibly do is try and figure out how he might be able to get an education, because his family doesn't come from money. And certainly, it is going to make him getting an education extremely difficult because the scholarship is taken away.
BURNETT: So, he's asking for a second chance. He is volunteering at the women shelter -- battered women's shelter.
BAEZ: Yes. He realizes he has to prove himself now and that's what he is prepared to do. If someone is willing to take a chance and give him a second chance, he is more than happy to try to make amends for what has occurred.
BURNETT: All right. Well, thank you very much. I appreciate it. Obviously appreciate your taking the stand you're taking.
BAEZ: It is a very difficult situation.
BURNETT: It is a very difficult situation. BAEZ: Thank you so much.
BURNETT: Thank you. And we'll be right back.
(COMMERCIAL BREAK)
BURNETT: Tomorrow on OUTFRONT, John Walsh will join us. I'll be talking to him about the upcoming season of "The Hunt", that starts this week.
Thank you all so much for joining us. And as always, we want to remind to you please set your DVR to record OUTFRONT so you can watch our show any time. I'll see you back here, same place, same time tomorrow night.
"ANDERSON COOPER 360" starts right now.
