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Sanjay Gupta MD

Heroin Use On the Rise; Verdict Watch in "Loud Music" Murder Trial

Aired February 15, 2014 - 16:30   ET

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

DR. SANJAY GUPTA, CNN HOST: The recent death of Philip Seymour Hoffman brought attention to a frightening trend of heroin use across the country. But this week, federal officials announced a new push to equip first responders with a drug called Naloxone. It can save people from overdosing.

I want you to watch this incredible video and see it in action.

(BEGIN VIDEOTAPE)

GUPTA (voice-over): What you're watching is shocking. A heroin addict named Liz overdosing. That night she was with Adam Wigglesworth and Louise Vincent. They both volunteer with the program in Greensboro, North Carolina, that provides clean needles and other assistance to addicts.

ADAM WIGGLESWORTH: She seemed to be pretty unresponsive and we were noticing blueing of the lips, lack of oxygen and her breathing became quite shallow.

LOUISE VINCENT: Well, once someone's not breathing and they're responding to any sort of stimulus, you give them breath, and at that time, I usually administer Naloxone.

GUPTA: Now, watch what happens next.

UNIDENTIFIED MALE: We gave her about 60 units of Narcan.

GUPTA: Narcan, also known as Naloxone, can reverse an overdose from heroin and other drugs like Oxycodone.

UNIDENTIFIED FEMALE: Liz?

GUPTA: Another sternal rub, another shot of Narcan.

UNIDENTIFIED FEMALE: (INAUDIBLE) give her some more Narcan.

UNIDENTIFIED MALE: Give her the rest of this whole CC.

GUPTA: And, finally, Liz begins to come around.

UNIDENTIFIED FEMALE: Liz? You OK? You went out. We're giving you mouth to mouth resuscitation. We're giving you some Narcan. You overdosed.

Can you sit up?

LIZ, HEROIN ADDICT REVIVED BY NALOXONE: Yes.

UNIDENTIFIED FEMALE: All right, come on. You want a glass of water?

LIZ: I can't believe that somebody cared about me enough or loved me enough to bring me back.

GUPTA: Naloxone gave Liz a second chance. She's headed to rehab. Liz's story is all too familiar, though, as many cities report a surge in heroin use. The federal government says the number of addicts has doubled since 2002. About half begin by abusing prescription painkillers like Oxycodone.

UNIDENTIFIED MALE: Now, there's this clamping down, on pill mills in Florida for example. On prescribers, there's now required prescriber education in a lot of states, and so doctors aren't prescribing pain medication as easily as they used to. And the result then is people are transitioning to heroin.

GUPTA: Nearly a quarter of those who use become addicted. Many like Liz and Joe Putignano from middle-class families. As a young child, Joe dreamt of being an Olympic gymnast, but by high school, with the pressure to be perfect drove him to drink.

JOE PUTIGNANO, "ACROBADDICT" AUTHOR: It's like when religious people say, the gates of heaven opened up. This was my gates of heaven. This was my religion. This was -- and I knew this -- then it was drinking, this was going to solve all my problems.

GUPTA: By the time he entered college, he was out of control.

PUTIGNANO: I was drinking and using prescription drugs and a lot of cocaine.

GUPTA: And soon enough, heroin.

(END VIDEOTAPE)

GUPTA: Joe wrote about his struggles in a very raw and emotional memoir called "Acrobaddict". It's a book worth reading. I've read it myself, and he joins us now.

Thank you.

How are you doing, first of all? We have talked several times over the past couple years. How are you feeling?

PUTIGNANO: Good, actually.

GUPTA: You're back to your training routines and all of that. You shared with me the first time we spoke -- I mean, just how many substances have been a part of your life. You have been addicted to many substances, but it was heroin in particular that really did you in as you say.

PUTIGNANO: Yes.

GUPTA: What is it about heroin? Is there a way to describe what it feels like?

PUTIGNANO: Yes, for me, I definitely felt like I was on fire. I was euphoric. I felt safe. I felt loved in unity. It was almost like I didn't need life because I had this other substance that brought it to me.

GUPTA: It's amazing. I have talked to people who are addicts over the years and they all described that warm, safe feeling.

PUTIGNANO: Yes.

GUPTA: That's a very desirable feeling.

What was the turning point for you to start getting away from it?

PUTIGNANO: The turning point happened right away, actually. My addiction was very textbook. I was sniffing it for two years and then I was an intravenous drug addict and I knew I had to stop because I immediately -- not immediately, but I became physically addicted quickly.

What a lot of addicts or people who are just coming to use heroin or other opiates don't think they're going to be physically dependent so quickly. And that's the lie. We actually become physically sick quicker than we imagine.

GUPTA: What did that -- so, if you stop taking it, you would feel sick?

PUTIGNANO: Yes.

GUPTA: Can you describe that?

PUTIGNANO: It was horrible. It was like one of the worst flus I have ever had. The most difficult aspect is you can't take cold medicine to feel better. You know inside of you that there's one thing out there that's going to make this go away. Now, the problem we seem to have is that we -- we have jobs and stuff we have to go to. You can't be dope sick and go to work.

So, it creates a vicious cycle that you have to use in order to be a part of life again.

GUPTA: So, you were worse off if you weren't using than if you were.

When you hear about Philip Seymour Hoffman, he was clean he says for a long time. Maybe 20 years. Then, relapsed.

PUTIGNANO: Yes.

GUPTA: Did that surprise you? Does it make you worry about yourself even?

PUTIGNANO: It didn't surprise me. It's extremely heartbreaking and this happens every day actually, because we have a chronic fatal and progressive disease, which we have been trying to addicts in recovery have been trying to explain that for a long time. People are always asking me, do you have to be vigilant even after almost seven years. And the answer is yes. It is chronic.

So, you know, like diabetes, it has to be treated every day. Something I like to say is yesterday's shower won't keep me clean. Every day I have to wake up with my disease and I have to treat it.

And, yes, I am fearful.

GUPTA: Treating it means being very vigilant.

PUTIGNANO: Yes.

GUPTA: And to point out, and I was very interested in this as a doctor. You had surgery for which a lot of people would have taken pain medications either I.V. or oral pain medications afterwards. You couldn't do that.

PUTIGNANO: Right.

GUPTA: If you had -- if you had taken a Percocet or something medication for this invasive surgery, what were you worried about?

PUTIGNANO: Well, I was worried that even though I may not have become physically dependent because the duration of the use would have been shortened, that it would have create the desire to use, or the obsession. What a lot of non-addicted people don't understand is that addiction, we have this obsession that's almost other worldly.

It's depressing and all you can think about. So, having taking an opiate to relieve my pain, it would have made me right back on the track. I have seen this happen so many times.

GUPTA: You were talking about that and people you know who go for an operation get a dose dilogic (ph) after the surgery and suddenly the beast has been awakened. It's a scary thing.

I'm glad you're well. We hear about these stories when things don't go well, Philip Seymour Hoffman. So, we wanted to share your story. And hopefully, it serves as an operation to a lot of people.

You have inspired a lot of people, by the way, through your book and being on the show before. So, I appreciate that.

PUTIGNANO: Thank you.

GUPTA: Also, you're going to school, as you point out, to be a P.A., physician's assistant, a position near and dear to my heart. So, I wish you luck there as well.

PUTIGNANO: Thank you.

GUPTA: All right. Joe, thanks for joining us.

And up next, we're going to move on to the Olympics. You know, what we decided to give you a unique look at what goes into making a champion.

Stay with us.

(COMMERCIAL BREAK)

DON LEMON, CNN ANCHOR: Developing news happening right now in Florida. This is in the courtroom. We just saw Michael Dunn walk back in.

Just moments ago, the judge in this trial, Judge Russell L. Healey, said the jury had a couple questions, at least one question. Let's listen in and then I'll be back with you.

RUSSELL HEALEY, CIRCUIT JUDGE: Four of the five counts, we are unable to reach a unanimous verdict on count one or any of the lesser included offenses. Given the way that note is written, I believe that at this point it's time to give them the Allen charge, which is another jury instruction that is required to be given to tell the jurors some additional information that they need to consider and then basically they are sent back into the jury room to continue the deliberations.

Ms. Corey, what say you?

UNIDENTIFIED FEMALE: (INAUDIBLE)

HEALEY: Mr. Strolla?

UNIDENTIIFIED MALE: Yes, your honor.

HEALEY: I have for the attorneys, copies of the jury instruction, which is jury instruction 4.1 jury deadlock. I'm going to have a copy for each one of the 12 jurors because this is part of jury instructions. So, after I read it to them, I will give the 12 copies to the bailiff, who will be able to distribute to the jurors in the jury room. I think that will do it.

So, are we ready to proceed then?

UNIDENTIFIED MALE: Yes, your honor.

HEALEY: All right. Bring the jurors on in please.

UNIDENTIFIED MALE: Jurors entering the courtroom.

HEALEY: All right, ladies and gentlemen, thank you. You can have a seat. After receiving your note indicating that you had reached a verdict on four of the five counts and are unable to reach a unanimous verdict on count one or any of the lesser included offenses related to it. That then -- under that kind of a situation and in that circumstance, I am required to read to you an additional jury instruction. I'm going to read that instruction to you now, and then I will provide a copy of it to each one of you when I'm finished reading it.

I know that all of you have worked hard to try to reach a verdict in this case to each of the counts. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case. We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do. Agree on a verdict or disagree on what the facts of the case may truly be.

There's nothing to disagree on about the law. The law is as I told you. If you have any disagreements about the law, I should clear them up for you now. That should be my problem, not yours. If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.

I have only one request of you. By law, I cannot demand this of you, but I want you to go back to the jury room then taking turns, tell each of the other jurors about any weaknesses of your own position. You should not interrupt each other or comment on each other's views until each of you has had a chance to talk.

After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried as to that count and will discharge you with my sincere appreciation for your services.

Thank you, ladies and gentlemen. You may now retire for further deliberations and we'll provide you with a copy of this instruction.

LEMON: OK. You were just listening to Judge Russell Healey -- excuse me -- down -- speaks to my earpiece -- down in Florida. He's saying the jury has reached a verdict on four of the counts. But on count number one or the lesser included, they cannot reach a verdict at this point.

He is giving instructions for what is called the Allen charge to tell the jurors more information and he has asked them, he said I can't tell you what to do, but I would like to go back into chambers now and go back into the jury room and try to come up with a verdict. Otherwise, he's going to declare a mistrial.

I want to go to CNN's Mark O'Mara who is down in Florida. He knows Florida law very well.

Mark, explain to us, I'm not an attorney here, what just happened.

MARK O'MARA, CNN LEGAL ANALYST (via telephone): Well, they were very close to a hung jury. But it's interesting the way they phrased it. Here's what they said, that we've come to a jury decision on four of the five counts, cannot for count one. Count one looks like they are going to be hung on it.

LEMON: Hang on, standby. Mark, count one, that's the murder charge, right?

O'MARA: Correct. That's correct.

LEMON: OK. Go on.

O'MARA: So here's what I think is happening. I think that they have decided that they cannot decide whether or not it was in self-defense as to Jordan Davis. Now, as for the other counts, they made a decision, but they can't make a decision on the lesser.

If I had to give a guess -- and this is a horrible thing to do because we don't know what they are thinking -- it's sounds like he's not guilty of the attempted murder count, but they can't decide what he is guilty of for the lesser of the other counts. So, it looks like we may have a hung jury on count one, the murder charge regarding Jordan Davis, and they decided non guilt as to the other counts but may believe at least some of the jurors are saying he's guilty of lesser included on the other counts, but they can't decide.

LEMON: OK. Here they have to come to a decision on everything. Otherwise, it's going to be a hung jury. Explain to us about this Allen charge.

O'MARA: Right. So, it sounds like is the Allen charge is the judge's attempt, the only way we can do it is to say please go back and try again. We trust you to make the right decision, but I want you to go in and talk about your own position and tell the other jurors the weaknesses of it. Open your mind up because we really want you to try to make a decision. Now if after they do that they go back for a minute or an hour, they come back out and can't do it, then the judge will decide a mistrial.

Now if they had decided guilt on one, two or three cases, they can come back and say we found him guilty of whatever count, but we can't decide on others. There will be a retrial on those counts that they can't decide on, but the verdict on the counts they can't decide on will stand.

LEMON: Wow. So it just depends on what happens now that once they have gotten these instructions from the judge what they come back with. I know you can't predict this. He's asking them to go back in and try again. We don't know how much longer, right?

O'MARA: Well, yes, and again it's so difficult to say, but I will tell you that after they have done this for 26 or 27 hours, they know their positions. They will probably listen to the judge and go back there and start talking about the weaknesses. But generally speaking, after 26 or 27 hours, people are not going to change their minds.

And I think within an hour or so, they're going come back and either they move the one or two jurors that may have been holding it up, they may have moved them to a decision, or it's going to be hung. They will retrial the first degree case and may retry them all if they can't come up with any decision on the other counts as well.

LEMON: OK. Standby, Mark O'Mara.

I want to tell your viewers. If case you're just tuning in, we have just gotten information from the judge in the Michael Dunn case down in Jacksonville, Florida, accused of killing and is on trial now for killing a 17-year-old teenager, Jordan Davis, because she was upset about how loud the music was. Of course, you heard what his fiance said. He got into an altercation with these teens, four of them. He is accused of killing one and then also the attempted murder of the other three, even though they were not injured.

We just got information from the judge. You see it on the bottom of your screen. The jury said we have reached a verdict on four counts. But we are unable to reach a verdict on count one. Count one is the big charge. That's the murder charge, which is life in prison.

The judge then instructed the jury to come back into the courtroom and he charged them with what is called the Allen charge, where he gave them additional information and additional instructions. Told them to go back in and try to come to some sort of decision.

If they could not come to a decision on this, this is a mistrial. That's what the judge said.

Mark O'Mara is joining us. Our Martin Savidge is down there as well. Martin, I'm going to get to you in just a moment. But the legal angle on this is so important I want to get back to Mark O'Mara.

Mark, the judge said, hey, listen, if you don't come out whatever time you go back in there and decide, but if you can't decide, this is a hung jury. And they have to start all over again.

O'MARA: Absolutely true. The whole nation and the Davis family and the Dunn family go through all of this again.

The most intriguing about this however is why they came out and said they have a verdict on four counts. If they had a verdict of guilty on four counts, they would not be considering the lessers. Only if it they had a verdict of not guilty on those four counts would they be saying we still have to consider lesser. So, that's really intriguing to me when they say verdict on four counts, it has to be not guilty or why would they be considering lessers.

LEMON: OK. Mark O'Mara, standby. Here is the judge giving those instructions just moments ago.

(BEGIN VIDEO CLIP)

HEALEY: We have reached a verdict on four of the five counts. We are unable to reach a unanimous verdict on count one or any of the lesser included offenses.

(END VIDEO CLIP)

LEMON: That was just moments ago at the Duval County courthouse down in Jacksonville, Florida, where Michael Dunn is on trial for killing 17-year-old Jordan Davis.

But on that charge of killing him, that murder charge, count one, that's the count they can't come to a consensus on.

Mark O'Mara joins us now. Mark O'Mara is our legal analyst here on CNN. Of course, he knows Florida law very well, having defended George Zimmerman down there in a trial they are comparing to the George Zimmerman and Trayvon Martin trial.

Our Martin Savidge has been reporting on this from the beginning.

Martin, I'm going to go to you now. Mark, I'll get back to you. So, stand by.

So this is unbelievable. You're standing outside the courthouse. Give us -- what is going on? What's the reaction there?

MARTIN SAVIDGE, CNN CORRESPONDENT: Well, this is a demonstration that you hear in the background. They have been here all day long. It's about two dozen people. These are not the kind of demonstration sizes we saw, say, back during the George Zimmerman trial. It's a Saturday also so that's allowed more people to come out.

For most people, it's been just waiting. In fact, because the courthouse is closed with the exception of what's going on in the courtroom on the fourth floor, they have all been sitting on the courthouse steps beneath a giant American flag. Most of this day has been with the sense of what is taking so long? Almost everyone out here demonstrating is in support of Jordan Davis, his family and hoping there would be a guilty verdict, certainly a verdict before now.

To a lot of people in this area, it was thought this case was pretty much open and shut and that a decision would be made in a matter of hours. Certainly, no matter of a day or so. No one thought it would go to four days. Nobody ever believed it was going to end up as it appears it may with this dead lock, especially over the murder charge, because as you point out, that's the most significant charge. That's the charge pertaining to the death of 17-year-old Jordan Davis.

So, if the jury is dead locked on that, perhaps it means there could be lesser charges coming. We'll have to wait and see. But it looks like we're going to be doing this all over again -- Dunn.

LEMON: Martin, as you said, it is surprising to most people especially to the layperson, it seems like an open and shut case. Of course, the George Zimmerman trialed that way. But this one seemed even more so, especially in light of no physical evidence of a gun according to Michael Dunn. He said I saw a gun. I was in fear of my life.

They have so far not been able to find a gun. No one else said they have seen a gun. So lack of that evidence, most people thought this was open and shut. Now it appears, not so.

SAVIDGE: Right. And it was the fact that they didn't find a gun. It was the fact that he fired 10 shots into an SUV with four people inside and that those shots were fired over a series of three, in other words, three different times. He actually got out of his vehicle as that SUV was speeding out of the way and he fired again from a crouched position.

And then, of course, he never made a call to police to report what happened. That's what many people really saw as a guilty kind of decision here. That this is a man who didn't even tell authorities what he had done.

So, given all those factors, and, of course, we're look at it from the media because we have seen and heard everything. The jury is, of course, supposed to render their verdict based on what was heard inside the courtroom. And apparently, the defense was effective in pointing out some holes here, trying to plant the seeds of questions. It would appear that the defense did that.

Exactly where those question marks are has to do with self-defense and, apparently, it has to do with the fact that Michael Dunn says he saw a weapon, he felt threatened. He acted based upon his fears.

LEMON: Standby, Martin Savidge. I want to get now to Dr. Jeff Gardere, who is here.

Jeff, talk about this -- the emotional toll that this has had not only on the people who knew the teen, the family and what-have-you, but just around the country. There was the emotion involved with the Trayvon Martin case. And now, this emotion as well.

If this is a hung jury and we have to go through this again -- my goodness.

JEFF GARDERE, CLINICAL PSYCHOLOGIST: Not just that, that it could be a hung jury on this, but that Martin is right. This is taking so long. A lot of people thought this would be an open and shut case.

We saw that there was a lot of aggression. Was this about a stand your ground law or what we, a lot of people think, lay people think that it was a "don't disrespect me" law? Because it became a situation of where Dunn got involved with the fourteens and felt that they were giving him lip that they were disrespecting him and then at some point he felt that he was threatened.

Let's remember, his car pulled up to theirs. He didn't have to say anything. They hadn't said anything to him. He could have just minded his own business.

LEMON: This is Florida. There are gas stations on every single corner.

GARDERE: Absolutely, absolutely. So people are really frustrated with this. First, Zimmerman, now, this. Even if they reach a verdict, they are going to say, wait a minute. Why did it take so long and why wasn't a guilty verdict given right from the beginning?

LEMON: All right. Jeff Gardere, standby. Here's what the jury told the judge. We have reached the verdict on four counts. We are unable to reach a verdict on count one.

The judge gave them the Allen charge. Just more information, told them to go back in and try to come to some sort of decision.

Inside of that courtroom was CNN's Sunny Hostin, our legal analyst here.

Sunny, this is a stunning turn. You were inside the courtroom. Take us inside.

SUNNY HOSTIN, CNN LEGAL ANALYST: Well, I will say that when the jury came back in, Don, they looked exhausted. They looked frustrated, very frustrated. When the judge gave them the Allen charge, which essentially is a pep talk, this charge was different than the ones I used to get when I was a prosecutor and the other ones that I've heard.

He basically told them to go back and go around the room and for each person to explain the weakness in their own position. So, that was a very interesting charge.

As the judge was explaining this to them, there were several of them that looked down, nodding their heads. Some up and down, some back and forth.

I also had the opportunity to just look at the Davis family. They were heads bowed, holding each other. They looked pretty upset when they learned it was count one, the count related to their child's death that the jury was hung on.

So, while they seem to be optimistic, they looked very, very concerned.

I also had the opportunity to see that the government, the prosecutors were walking away with the Davis family. It seemed that they were discussing what the implications of this were. It was extremely tense in the courtroom and I should say, also packed. We were shoulder to shoulder with each other. I haven't seen the courtroom quite that packed, but it was an electric moment in the courtroom just now.

LEMON: I can only imagine.

Standby to all of our analysts and all of our guests.