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Jane Velez-Mitchell
Teen in Coma Following Police Stop in Missouri; Do New Photos Back up Star`s Allegations of Profiling?; Joan Rivers Doc Did Unauthorized Biopsy
Aired September 17, 2014 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
UNIDENTIFIED MALE: ... make up stories. It`s what it is.
JANE VELEZ-MITCHELL, HOST: Tonight, breaking news. Shocking cell-phone video catches a Missouri traffic stop gone horribly, and I mean horribly
wrong. A 17-year-old kid ended up in a coma. Did a cop go too far when he Tased high schooler Bryce Masters for allegedly refusing to get out of the
car? You decide.
Good evening. I`m Jane Velez-Mitchell, coming to you live.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: he was, like, going into convulsions.
UNIDENTIFIED FEMALE: Witnesses say they saw the officer Tase the teen inside this car. In this cell-phone video, you can see the officer
dragging the teen`s body to the sidewalk, then standing with his foot on the teen`s back.
UNIDENTIFIED MALE: He was just, like, on the ground twitching.
(END VIDEO CLIP)
VELEZ-MITCHELL: Cops say it all started when 17-year-old Bryce Masters, who`s the son of a police officer, a good student, and a high-school
football player, was pulled over for a routine traffic stop. Police say Bryce refused to roll down his window and then allegedly physically
resisted the officer, when the cops ordered the teen to get out of the car, so the cop Tased him.
Witnesses and Bryce`s family have a different version of events. Just look at this video taken moments after the stun gun was used. Witnesses claim
it shows that after Tasing Bryce, the cops dragged the boy away from the car, dropped the teen on his head, and then stepped on his back. Again,
that`s what witnesses claim they saw.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: He was like, "What am I being arrested for?"
And the cop just grabbed him and said, "You`re under arrest." He, like, threw him on the ground, busted his face up, and then he, like, kept
nudging him with his foot.
(END VIDEO CLIP)
VELEZ-MITCHELL: What do you think? Unnecessary force or totally justified? Call me, 1-877-JVM-SAYS, 1-877-586-7297, and join the
conversation by going to my Facebook page. Or you can talk to me on Twitter. My handle is @JVM.
Our expert Lion`s den panel fired up and angry tonight, ready to debate this issue. I`ve got to start with J. Wyndal Gordon at Warrior Lawyer
(ph). Did cops use excessive force or did this officer have every right to Tase the boy for allegedly refusing to get out of the car?
J. WYNDAL GORDON, ATTORNEY: Well, you`re going to be surprised with my answer. I`m not really clear on how it escalated to him pulling out his
Taser. It seems that he could have manually pulled this kid out of the car.
I believe that kid was scared. Most -- a lot of kids are just scared of confronting -- having to confront the police, and they seek solace in their
car, because they`re afraid of what might happen to them if they do get out of the car. And unfortunately, that happened to him, too.
VELEZ-MITCHELL: I want an answer. I`m sorry, I want an answer.
GORDON: Did he use excessive force?
VELEZ-MITCHELL: Was it excessive force?
GORDON: I don`t know. I don`t know.
LISA LOCKWOOD, INVESTIGATOR/AUTHOR: As a police officer...
VELEZ-MITCHELL: Well, figure it out and get back to me.
GORDON: OK.
VELEZ-MITCHELL: Who else is talking?
E. JAY APT, CRIMINAL DEFENSE ATTORNEY: It`s excessive. It`s excessive.
UNIDENTIFIED FEMALE: Excessive forces.
APT: Absolutely.
LOCKWOOD: As a police officer who has pulled -- as a police officer who has pulled over numerous vehicles, vehicles that came back with a subject
who was wanted on a warrant, the police officer is escalated at that point. Now let`s couple it with the fact that there are tinted windows on the
vehicle. Now we don`t know, does this person have a weapon inside? So the officer was obviously trying to get him out of that vehicle to make sure
that he was safe initially.
We didn`t know at that point when the window was rolled up. Did he roll the window down? Is he scurrying? Is he hiding a weapon?
APT: Call for backup.
LOCKWOOD: So the officer was escalated at that point in a peak state, knowing there`s a possibility the subject is wanted on a warrant.
(CROSSTALK)
APT: No, I disagree.
GORDON: ... use of force excessive. I mean...
APT: Police are trained...
VELEZ-MITCHELL: One at a time.
APT: Police are trained that, if they`re in that situation, they haven`t seen a weapon, there`s no probable cause to arrest this guy. There`s no
reasonable suspicion a crime has been committed. He should have blocked the kid off with his car and called for backup. There`s no reason to pull
the kid out of the car and then Tase him. There was no threat of the kid committing any violent act against the officer.
(CROSSTALK)
LOCKWOOD: Of course.
UNIDENTIFIED FEMALE: The police officer...
APT: It was entirely excessive.
VELEZ-MITCHELL: OK, one at a time. Who is yakking?
GORDON: J. Wyndal. The police have a right to ask -- to ask an individual to get out of the car. That is the police officer`s right. Some police
officers prefer people in the car. Others prefer them out. This particular police officer preferred him out of the car. He disobeyed. The
policeman has a right to order someone out of the car.
UNIDENTIFIED FEMALE: That`s fine. You can order them out of the car.
GORDON: And that`s what it is. Pennsylvania removes you from that mistake (ph).
(CROSSTALK)
VELEZ-MITCHELL: OK. Hold on one second.
TAYLOR KOSS, DEFENSE ATTORNEY: ... deadly force.
VELEZ-MITCHELL: I know we have somebody new, and I can`t -- I want to know who`s the gentleman in the top left with the blue tie.
KOSS: Taylor Koss. Good evening, Jane. Good evening. Thanks for having me back.
VELEZ-MITCHELL: OK. Go for it, Taylor. Go for it, Taylor.
KOSS: All right. A couple things. First of all, everybody is talking about a warrant, but the warrant was for a female. As soon as they saw a
male driver, that should have been the end of that high alert, as the other guest had said.
And secondly, I don`t care whether or not a police officer prefers when they pull someone over to have them out of the car or in the car.
GORDON: You need to care, because the law says they have a right to do it.
LOCKWOOD: That`s fine, but you can`t then Tase him.
(CROSSTALK)
VELEZ-MITCHELL: Hold on a minute. Hold on a minute. Let me back up and elaborate a little bit on what Taylor said.
This all started when the police decided, for some reason, to run a check on this particular car`s license plate and discovered there was a warrant
for a woman linked to that tag. The officer pulls the car over. Police maintain he followed procedure when he then Tased Bryce. Listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The windows on the vehicle were extremely dark, and you could not see inside it to see which occupants were in there. I can tell
you anybody that is physically resistive that is 17 years of age, that fits within our policy.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. So Judy Ho, you`re a clinical psychologist. We don`t know who this mystery woman is who`s linked to the car`s license
plate of what the warrant is for. We don`t know whether it`s for a speeding ticket or for murder for five people. Even if there was a warrant
for Bryce, the only person in the vehicle, he is not a woman.
Should cops have taken a deep breath, stepped back, and considered maybe this young male driver has no idea what this mystery warrant concerning a
woman is all about?
JUDY HO, CLINICAL PSYCHOLOGIST: Absolutely, Jane. And I believe it is excessive force, because the police used beyond what was necessary to make
the arrest and keep himself and the bystanders safe.
What is with her -- what is with the police standing on his back as he was already being Tased and convulsing? That`s obviously over and beyond
keeping himself safe and already making the arrest.
So what we need to look at is this police officer and why is he so hyper vigilant? They`re supposed to be trained to be calm in these situations.
This must not be the most dangerous situation that he was trained to come upon.
So there`s something going on. A missing link with the training, perhaps. And maybe with this individual police officer, there may be some
preexisting issues that led him to have such a problem with a teenager, with a confrontation with a 17-year-old.
GORDON: OK, OK, OK.
(CROSSTALK)
GORDON: I have a position. I have a position.
VELEZ-MITCHELL: Oh, finally. Oh, hallelujah. Go ahead.
GORDON: On the post-arrest -- OK. On the -- not the arrest, not the stop, but the post-arrest, if he in fact caused this kid to hit the ground head
first and then continue to put his foot on his back, that is excessive under the circumstances. But the stop was fine.
UNIDENTIFIED FEMALE: Agreed.
UNIDENTIFIED FEMALE: Are you kidding? That`s excessive?
GORDON: Taking him out of the car was fine. But if he dropped him on his head or in any other way caused his head to hit the ground, and it was
unnatural, then it was excessive at that point.
UNIDENTIFIED FEMALE: What about the Tasing in the car ?
VELEZ-MITCHELL: ... you agree? Let`s go to Taylor for a second. You disagree?
KOSS: The police officer is in the clearly dominant position here, right? He has the subject in a car. Presumably, his gun is drawn. Where is the
fear for his safety? It`s nonexistent.
UNIDENTIFIED FEMALE: Right.
KOSS: Tasing in this situation is completely unacceptable.
I was a prosecutor for 13 years. This is not something ever that I would tolerate from an officer working on a case of mine. This is ridiculous. I
don`t know if...
VELEZ-MITCHELL: Quickly.
(CROSSTALK)
VELEZ-MITCHELL: Hold on a minute. Tony -- Tony, Illinois, what do you have to say? Tony, Illinois.
CALLER:: Hi. My son was in a similar...
VELEZ-MITCHELL: Hi.
CALLER: Hi. My son was in a...
VELEZ-MITCHELL: Go ahead.
CALLER: ... similar case. He was stopped for speeding in Belvedere, Illinois, and cops ordered him out of the car for a search. Son didn`t
want to get out, so police had a dog go in and bite him in the car and then bite him when he fell out of the car. He was laying down on the ground.
No contraband was ever found in the car or on Junior or on his passenger. I`m wondering if -- if the cop had a right to order him out of the car.
Thank you so much.
(CROSSTALK)
GORDON: The cop clearly has the right to order an individual out of the car if it`s a legitimate stop. The cop has the legitimate -- has a right
to order an individual out of the car if it`s a legitimate stop. That`s the Supreme Court.
VELEZ-MITCHELL: J. Wyndal Gordon, thank you very much. I want to go to Jay Apt. I want to go to E. Jay Apt. It`s not a question of did he have
the right? Is it the -- is it the right judgment to Tase a kid when he`s still in the car, sitting in the car -- and by the way, we`re going to
bring the doctor in a second -- near his chest, which is one of the reasons why he allegedly had problems?
APT: So it`s completely against police procedure. You do not Tase someone in the chest. They`re trained not to do that. If you do that, you can
cause cardiac arrest. You`re trained as a police officer to Tase people in the legs, in the arms, or in the back. You cannot Tase someone in the
chest.
So if you choose to Tase them while they`re still in the car, you`re probably going to hit them in the chest. You`re probably going to cause
cardiac arrest. This officer should have known that. And it was a clear use of excessive force.
But the problem is, Jane -- the problem is, we`re going to keep having incidents like this on and on and on in the United States until and unless
we force police officers to have shoulder cams so that they can be monitored what they`re doing, and suddenly, police will start to behave.
VELEZ-MITCHELL: You`re -- you`re singing my song. I started #badgecamsnow. And I should have it every day, because every day it means
that we need to have that sign and get people to get, nationwide...
APT: Absolutely.
VELEZ-MITCHELL: ... every officer, every squad car, a camera.
And I love police officers. I want to say this, because we`ve been doing a lot of these stories. And the reason we`re doing a lot of these stories is
that people are videotaping all of these things now, because everybody is a photojournalist who has these cameras.
I don`t want to come down on cops. I love cops. I want cops in my neighborhood. I want cops to protect me. This isn`t about attacking cops.
This is about making it better for everyone.
If we have badge cams, and somebody makes a false accusation against the cop, that`ll protect the officer. OK? But we have to cover these stories
when they come in and we`ve got video, and we`ve got a kid who is in a coma.
Stun guns, they don`t fire bullets, but they`re still dangerous weapons. Look at this police demonstration.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You`re not coming in here. Chris, please cooperate.
UNIDENTIFIED MALE: No, I`m not going. I`m not going.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. I want to bring in Dr. Natalie Azar. You`ve been listening to all of this. Now, the claim is that they hit him with
the prongs that were six inches apart near the heart. I can`t independently confirm that. I wasn`t there. But if that`s true, is that
very dangerous?
DR. NATALIE AZAR, CLINICAL ASSISTANT PROFESSOR, NYU LANGONE: It`s dangerous, no matter what. I mean, the designation of a Taser is that it
is less lethal than a gun. It`s not nonlethal. And that designation, in and of itself, should send sort of alarm signals to all of us.
That, OK, is it excessive force? How threatened did the person actually feel that he couldn`t sort of suppress him or control him using anything
other than this?
To answer your question, is it dangerous to have the Taser near the heart? Of course, it is. Not only for that but for the reason that there are
little needle pricks in the skin -- this is actually shocking the person -- that could introduce blood-borne infections like hepatitis B and hepatitis
C and HIV.
VELEZ-MITCHELL: All right.
AZAR: But the issue at hand is whether or not it can cause cardiac arrest. That means getting an actual heart attack or an arrhythmia, which is an
abnormal heart rhythm which can cause sudden death.
VELEZ-MITCHELL: And the answer is, yes or no?
AZAR: Was it excessive?
VELEZ-MITCHELL: No. Can it cause cardiac arrhythmia?
AZAR: Absolutely. Absolutely. Because it can kill an otherwise healthy person. Absolutely.
VELEZ-MITCHELL: All right. We are just getting started. Could police dash cam video of the scene show exactly what happened to 17-year-old Bryce
Masters? And we`ve got breaking news on the story on the other side.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: The one thing that isn`t clear from this video: how did Masters end up with head injuries?
UNIDENTIFIED MALE: We`re still trying to collect all the videos from our vehicles to determine exactly what happened. We don`t know.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: It`s kind of hard to grieve when you`re so mad about the situation. Everyone is banking on Bryce being the strong kid that he
is and coming back to us.
(END VIDEO CLIP)
VELEZ-MITCHELL: You are looking at cell-phone video that we`ve been showing you of the aftermath of the Tasing of 17-year-old Bryce Masters,
son of a Kansas City, Missouri, police officer, who was Tased by local police and then was put in a medically-induced coma after he collapsed.
Witnesses claim that the officer dropped him down on the ground and stood, put his foot on his back. So there`s a lot of controversy surrounding
this.
And of course, the family devastated when their 17-year-old, a good student, a football player, ends up in a medically-induced coma. But we`ve
got breaking news on the medical front. Let`s go to Yacky Jackie, Jackie Taurianen, our social media producer. What is just coming in?
JACKIE TAURIANEN, HLN SOCIAL MEDIA PRODUCER: Jane, we actually just received word from the family attorney that Bryce has been taken out of a
medically-induced coma and he`s off the ventilator, but -- and it`s a big butt -- he`s still experiencing memory loss. He`s suffering from pneumonia
and other infections. So it`s -- he`s not home free yet, but he is out of a medically-induced coma tonight.
VELEZ-MITCHELL: Well, that`s great news, but I`ve got to ask Taylor Koss, defense attorney. We don`t know the full extent of his injuries. If it
turns out that he has long-term damage to being deprived of oxygen and being put in a medically-induced coma, does the family have a viable
lawsuit against the police department or the city?
KOSS: I think they absolutely do. This is just about as clear-cut of a viable 1983 civil rights violation as they get. I mean, the force here was
clearly excessive.
Just to go back to your badge cam for one second, you know, in the beginning when this story first came out, I believe the police version was
that, eventually, he walked out of his car after being Tased and then started having convulsions on the floor [SIC]. And I think it was not
until the cell-phone video came forward and they saw him carrying him like a sack of potatoes and dropping him on his head on the floor [SIC] that we
actually found out what happened there.
And so, you know, to your point, these badge cams are for everybody`s protection.
And of course, if he requires long-term care, if he suffers long-term injuries here, they`re going to sue. And it`s a hot-button topic. Jurors
are going to be angry when they see this video.
APT: It`s not going to get to a jury, Jane.
GORDON: Exactly. I was going to say the same thing.
APT: Let me bring up...
VELEZ-MITCHELL: E. Jay Apt, go for it.
APT: Let me bring up some law here, OK? Missouri is in the 8th Federal Circuit, where the federal courts get to decide what the definition is of
excessive use of police force. And Section 1983 claims it can only be brought if those federal courts deny summary judgment. There is a 2009 8th
Circuit case called Brown versus Zarek (ph)...
VELEZ-MITCHELL: OK. All right, all right.
APT: ... that says police have immunity...
VELEZ-MITCHELL: Yes, sorry. A little too much inside baseball. But we`ll put it up on our website.
Last word, Lisa Lockwood, investigator. His buddy says that, when the cop ordered him to roll down his window, he told the officer the window is
broken. Is that a reasonable explanation?
LOCKWOOD: And it`s certainly something that I have heard before and yes, they`re going to check to see if the window was actually broken or if he
was being resistant at that point.
With a tinted window, I`m going to tell you right now: that causes a lot of alarm to police officer, a well-trained police officer, for his own safety.
Yes, he had an opportunity to retreat and get back-up at the time, and that probably would have been the best choice. And we wouldn`t have had it go
down this way.
VELEZ-MITCHELL: I`m still wondering, who is the mystery woman who`s got a warrant out for her? Is this a used car that they bought from someone and
didn`t change the plates quickly enough? Who knows?
Up next, a wild -- and I mean wild -- new development in the case of that actress who claims cops mistook her for a prostitute. Were she and her
boyfriend really just innocently kissing, as she claims? We`re going to show you steamy new photos and let you decide.
(BEGIN VIDEO CLIP)
MICHELLE PEREIRA, CNN ANCHOR: Let me be frank: Were you two doing something you shouldn`t have been doing?
DANIELE WATTS, ACTRESS: It doesn`t matter how passionately we were making out. It`s my right and my pleasure to enjoy myself. And I don`t feel like
I should feel shameful for that.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
VELEZ-MITCHELL: Tonight`s "Naked Truth," brand-new photos of "Django Unchained" star Daniele Watts, appearing to straddle her boyfriend inside
his car just before a cop detained and handcuffed her. She says the cop harassed her because she`s black. Cops say they were responding
appropriately to a complaint of a sexual act in public.
Look at these new TMZ photos of the incident. Do they show them having sex, or do they prove her story that they were just innocently kissing?
We`re going to show you the photos over and over. You decide.
Daniele was detained and handcuffed after refusing to give cops her I.D. The LAPD says there was a complaint of two people having sex in a car.
Listen to the fiery argument that Daniele had with the cop. And this is from TMZ.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Somebody called the police saying that there were lewd acts in the car.
WATTS: There was nothing happening.
UNIDENTIFIED MALE: Doesn`t matter. I have to I.D. you.
WATTS: We`re not doing anything.
UNIDENTIFIED MALE: Somebody called...
WATTS: I`m on the phone with my dad. This is my boyfriend.
UNIDENTIFIED MALE: OK. I want to see your I.D. Somebody called, which means -- gives me the right to be here, so it gives me the right to
identify you, by law.
WATTS: You know how many times I`ve been called -- the cops have been called just for being black, just because we`re black. I`m just being
really honest, sir.
UNIDENTIFIED MALE: Who brought up a race card? I had -- I said nothing about you being black. And I have every right to ask for your I.D.
WATTS: I have every right to say no.
UNIDENTIFIED MALE: No, you do not have a right to say no.
WATTS: I work as an actress. If you like, you can take me down to the court office and we can make a scene about it.
UNIDENTIFIED MALE: No.
WATTS: I mean, I have a publicist, and I...
UNIDENTIFIED MALE: I`m mildly interested. I`m mildly interested you have a publicist, but I`m going to get your I.D.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. We reached out to Daniele Watts and her boyfriend for comment. They were advised by attorneys not to make any more
statements.
Our "Naked Truth" panel ready to debate this, but first, Mike Walters, news manager, TMZ, you did it again. More scoops on this and other stories.
OK, these photos you obtained. Now, your headline at TMZ is "We got the pictures, and it looks like sex." So while you talk, we`re going to show
the pictures. Why do you say these photos look like sex?
MIKE WALTERS, NEWS MANAGER, TMZ: Well, Jane, I`ll tell you: for two reasons. No. 1, in the one photo where you can see his legs out of the car
on the curb and her straddling him, where she`s holding onto -- through the sunroof, it`s for leverage, Jane.
And I was told the second reason is because I was told by an eyewitness. I actually got ahold of someone who took these photos. And they say,
"Listen, we watched this happen through the window of our office building for several minutes before going down and telling them, `Listen, please
stop doing this. Everyone up there can see what you`re doing.`"
And a part of what was happening, Jane, which isn`t in the photos, is she had her top up with both breasts exposed. So this act -- and they were
rocking back and forth, using leverage of the car, with the door wide open. You can see the door open in the broad daylight in these photos, Jane.
And what this eyewitness says is, "Look, we`re all for being spontaneous, you know, with your boyfriend or whatever, but open door, actual you know,
vulgar stuff in this car where everyone in the office can see, we`re not OK with it."
And she told them the exact same thing: "We`re allowed to be here. I`m allowed to do this. It`s a free country." So they called 911. And that`s
where this entire thing started.
But I think, Jane, the bottom line here is the photos prove she`s straddling a guy in broad daylight in Los Angeles and, you know, and using
the car for leverage. It`s just inappropriate.
VELEZ-MITCHELL: OK. I`ve got to ask you this, Mike. I`m looking at it, and I don`t have 20/20, but it doesn`t look like she`s topless, as you
claim. But the same people who complained said she was topless or exposing her breasts. So aren`t they caught in a contradiction right there?
WALTERS: Yes. No, it`s a good point. This -- the picture was taken after they went down. In one of the photos, you can see a gentleman walking away
from the car. He was the person that went down and told them to please stop, and that`s when her top went back down.
But Jane, like I said, if you look at the photo right now that you`re looking at, she`s in the car straddling her boyfriend with the door open...
VELEZ-MITCHELL: Yes.
WALTERS: ... in the broad daylight. It doesn`t matter if you are topless or bottomless, if you`re, you know, doing this kind of act -- and it gets a
little more vulgar than that, but I don`t want to go into it -- but if you`re doing like that in the open-door atmosphere, it`s just too much for
the public.
VELEZ-MITCHELL: All right. All right. Thank you, Mike Walters. Always great. TMZ, breaking stories left and right.
Let`s go out to our fiery "Naked Truth" panel. And I want to start with J. Wyndal Gordon, attorney. You heard it there. They`re saying it looks like
sex. What say you?
GORDON: So who are we supposed to believe?
So who are we supposed to believe? The pictures? Or our lying eyes? I don`t care what the pictures show. They don`t show her having sex. They
don`t show her topless. And she can`t be lying about, you know, all that has occurred with her given the fact she has injuries from the handcuffs.
There`s a whole lot going on here but the pictures do not add or do not dispose of this issue one way or another.
VELEZ-MITCHELL: All right. I hear your side.
(CROSSTALK)
UNIDENTIFIED FEMALE: That`s why she was not arrested.
VELEZ-MITCHELL: Taylor, what do you think? Sex?
KOSS: I mean how can anybody defend this behavior? This is outrageous.
GORDON: Easy.
KOSS: I mean the police are responding to a 911 call of lewd behavior. Here are pictures --
UNIDENTIFIED FEMALE: Yes.
KOSS: -- of her grinding on top of him in the car in the broad daylight, in the middle -- come on, door open. This is ridiculous behavior.
And by the way, when the cops -- you listen to them, that was a professional police officer doing a professional job. And she could have
ended this. All she had to do was hand over her ID. But she realized she was caught with her hand in the cookie jar, so what was she going to do?
So you know what she did? She pulled out the race card.
(CROSSTALK)
GORDON: That is --
KOSS: By the way, it is shameful.
(CROSSTALK)
VELEZ-MITCHELL: And I`m talking about her boyfriend.
GORDON: That is ridiculous. First of all, she`s not engaged in any illegal activity. What is illegal about straddling her boyfriend in her
car?
UNIDENTIFIED FEMALE: What?
GORDON: What is illegal about it? Somebody quote me the law.
(CROSSTALK)
VELEZ-MITCHELL: I love you, J., but we have to give other people a chance to talk. You know, you could also say either it`s sex or I thought of the
possibility, I left my purse in the backseat. Honey, I`m going to climb over you to get it.
All right. We`re going to be back in a second. Everybody is en fuego over this one. Stay right there.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Somebody called the police saying that there was lewd acts in the car.
DANIELE WATTS, ACTOR: There`s no lewd acts happening.
UNIDENTIFIED MALE: It doesn`t matter. I have to ID you.
WATTS: We`re not doing anything.
UNIDENTIFIED MALE: Somebody called.
WATTS: I`m on the phone with my dad. This is my boyfriend. Sitting in front of a public place --
UNIDENTIFIED MALE: Ok, I want to see your ID.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
WATTS: The cops have been called just for being black.
UNIDENTIFIED MALE: That is not --
WATTS: Is it because we`re black and he`s white and he`s just being really honest.
UNIDENTIFIED MALE: Who brought up a race card?
WATTS: I`m bringing it up.
UNIDENTIFIED MALE: I said nothing about you being black and I have every right to ask for your ID.
WATTS: And I have every right to say no.
UNIDENTIFIED MALE: No, you do not have every right to say no.
WATTS: And if you`d like to demand it, you can take me down to the court office and I can (EXPLETIVE DELETED) make a scene about it.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right, "Naked Truth" panel. Dr. Judy Ho, clinical psychologist -- at first it was a lot about race, but now that the new
photos, and we`re going to continue to show you those photos that have come out -- thanks to TMZ -- is this really more about sex and less about race?
HO: Well, Jane, I think that this person really put herself in a big -- well, she definitely put herself in a pickle here because she really was
actually --
VELEZ-MITCHELL: A pickle.
HO: -- engaged in a lewd act. This is a California code that she violated. This is against the law. She was exposing her breasts. They
were doing it for sexual pleasure. All of this is what defines the penal code for lewd acts in public.
So it does appear that she doth protest too much and was extremely defensive when the police came up to her. And as we can tell from those
tapes this is the opposite of that other story. This policeman was very professional, was just doing his job, and just asking her for ID. And for
her to bring it all the way to the race issue, I think that was just a little bit too much.
And now that we know all this information we know that there`s probably something else to the picture that she was trying to cover up for.
GORDON: Well, doc --
VELEZ-MITCHELL: J. Wyndal Gordon --
GORDON: Yes, this is how I`d respond. I`m sorry. This is how I`d respond. You look at the pictures, but don`t get confused about the
pictures. Don`t get misled. When the officer arrived, none of those pictures were what he observed. What he observed at best were two people
either in or around the car. So where is his reasonable, articulable suspicion to investigate? What does he have?
It`s like if you call to a neighborhood --
HO: The report --
UNIDENTIFIED FEMALE: He has the 911 call.
HO: -- and of course, from the people from the office.
GORDON: That`s not enough. That`s not enough. We`re talking about a misdemeanor.
HO: That is enough J.
GORDON: Let me get this point out -- let me get this point out. If there was loud music call, and an officer came around and no loud music was
being played, do you think the officer can investigate everybody and ask for their IDs just to find out who may have (inaudible) --
HO: Yes, of course.
(CROSSTALK)
KOSS: No, but if you`re standing next to a --
(CROSSTALK)
VELEZ-MITCHELL: One at a time. I stress please, one at a time.
GORDON: They had the right to say no. They had the right to say no and then he detained her. What made him feel that she was armed and dangerous
for him to detain her? He has to be able to articulate --
KOSS: You don`t have to be.
HO: Armed and dangerous -- she broke the law.
(CROSSTALK)
VELEZ-MITCHELL: You`re killing me here with all talking at once.
GORDON: You have to be able to articulate why you feel this person is armed and dangerous before you start slapping cuffs on people.
VELEZ-MITCHELL: All right. Thank you. Thank you so much, J. Wyndal Gordon.
I`m going to go out to the phone lines. City, Georgia -- what have you got to say -- City, Georgia.
CITY: How are you doing, Mrs. Jane?
VELEZ-MITCHELL: How you doing?
CITY: I`m doing fine. On this situation right now, if they were doing what they were doing, they grown. They can do what they can do. If I
think the police are wrong what he said about coming up on and put him in cuffs now, with her attitude like that, he`s supposed to do something like
that. He`s saying (inaudible) he just wanted to know what`s going on.
VELEZ-MITCHELL: Well, I have to say this. There`s something called selective indignation. Shockingly, I happen to be out here in L.A. And
there was sunbathing naked on the beach even though it`s not a naked beach. Now, there were no police surrounding this person and locking them up or
straddling them. Then again I sometimes see kids from the inner city drinking with an open beer can, they`re put face down, spread eagled,
forced to -- you know.
It all depends on the situation and who is doing what.
And here`s the thing, Daniele and her boyfriend said they were deeply offended because they believe the cop had no idea that this was a movie
star and was acting like he was a john and she was a prostitute. That`s their claim -- listen.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: In the beginning, he came up and said, "I had a call that there was a black and white couple." And he`s the one that actually
brought that up. He was definitely like edging me on a bunch as well. Like when he pulled up, he asked me questions -- no, he didn`t ask me
directly about the fact -- just made me feel like I was a client and she was a prostitute.
(END VIDEO CLIP)
VELEZ-MITCHELL: All right. Social media exploding -- let`s go to Yacky Jackie. Jackie Taurianen in the hash tag hub, what are they saying?
TAURIANEN: Jane, you know what? The conversation has dramatically changed since these new photos came out. People that were originally siding with
Daniele and her boyfriend are kind of pulling back and really questioning what really happened. Let`s take a look at the few of them.
Celeste says, "Her accusation could`ve ruined a man`s life. She needs to be in big trouble for making these false charges."
Chris says, "I never thought I`d say this, but I`m so glad TMZ busted these two. Hello Leg store? Do you have any for Daniele Watts to stand on? No?
Tariq said, "Wow, people are really throwing Daniele Watts under the bus now, but the facts remain that you do not have to show your ID to the
police."
And finally there are still some people siding with Daniele.
Itsy shared this photo -- it`s kind of hard to see but it`s of Miley Cyrus and Liam Hemsworth kissing in the car and she says that pic of Miley and
Liam, anyone could exaggerate this embrace. #danielewattsnotascandal."
So people I mean go both sides --
VELEZ-MITCHELL: Well, I think that`s a very good point. That`s a very good point. I mean look, we cover murders and rapes and missing women
every day and abused children on the show. Even if they were doing the naughty, I think on a scale of 1 to 10, maybe that`s less of a problem than
violence. I say make love, not war. I`m not condoning their behavior or their reaction, but I am saying we have bigger problems people.
Next, bizarre new revelations about Joan Rivers` death -- her personal doctor accused of snapping a selfie, a selfie, with her famous patient
while Rivers was under anesthesia before her death. Did a procedure that Rivers never authorized lead to her death?
Breaking news on the other side.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: And in addition to the fact the procedure was unauthorized our source says the ENT doctor was not certified to operate
there.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
UNIDENTIFIED MALE: Some stunning revelations this morning in the investigation into Joan Rivers` death.
UNIDENTIFIED FEMALE: An unauthorized procedure, a biopsy on Rivers` vocal cords was begun on the comedian while she was sedated.
JOAN RIVERS, COMEDIAN: If you laugh at it, you can deal with it. That`s how I`ve lived my whole life.
UNIDENTIFIED FEMALE: Joan Rivers` own doctor apparently took a selfie while she was under anesthesia.
(END VIDEO CLIP)
VELEZ-MITCHELL: A shocker. The death of Joan Rivers. A source close to the investigation claims to CNN that the 81-year-old comedian`s personal
doctor took a selfie in the procedure room while Joan was under anesthesia. That`s not all. Investigators claim that same doctor, without Joan`s
consent performed a procedure, the source says it was during that biopsy that she went into cardiac arrest beginning her death spiral.
The legend was raced to the hospital, but it was too late. Joan Rivers never regained consciousness and passed away a few days later. Now, I want
to say the Manhattan clinic released a statement denying that a vocal cord biopsy has ever been done at the clinic, and we invite anybody involved in
this story on our show anytime. We`ve been efforting responses.
But these are serious allegations. For many, the biggest shocker is the selfie. Would Joan be laughing about her doctor allegedly taking a selfie
while she`s under anesthesia or would she be outraged?
Dr. Natalie Azar, you`re a clinical assistant professor at NYU Langone. How shocking is this allegation -- and I want to say this, an allegation
that a doctor did a selfie with Joan Rivers while she`s there under anesthesia?
AZAR: Well it is. And you know, as a lay person and a spectator, particularly so, as a physician myself, I feel that I could cry for him
that he did that. Look, it`s whether or not that constitutes malpractice or whether that was a medical error, we know of course, that it was
incredibly poor judgment that he exercised in doing that.
VELEZ-MITCHELL: I want to clarify something right here, right here. There are two doctors involved. And I believe the doctor whose photo went up a
little second ago is not the doctor who is accused of doing the selfie.
(CROSSTALK)
AZAR: Very, very --
VELEZ-MITCHELL: I want to clarify this.
AZAR: That`s a very important distinction.
VELEZ-MITCHELL: He is a doctor we have not named and we have not identified and we are not going to identify because these are allegations.
AZAR: That is correct. That is correct.
VELEZ-MITCHELL: So I want to make that very clear that it is not the doctor that you saw in the photo over there a second ago. So let`s clarify
that -- absolutely. Ok, let`s not identify them. Let`s just move on.
AZAR: Right, no, no, no -- I`m not going to --
VELEZ-MITCHELL: What is your reaction to -- sure, sure -- but I mean what`s your reaction to any doctor, hypothetically, even, doing a selfie
while a patient`s under anesthesia?
AZAR: I mean I don`t need to be a doctor to say that that`s totally inappropriate. That kind of social media --
VELEZ-MITCHELL: But you are a doctor.
AZAR: I know. That kind of social media does not belong in the operating room. It does not belong in the examination room. It does not belong in
the consultation room. And if this ever goes to a jury, I can guarantee you they will not look sympathetically on this doctor. He did not help
himself in this situation.
And the other thing that I should mention is that if he`s not covered by that --
VELEZ-MITCHELL: We don`t know if it`s a he or she -- ok, let`s call it the doctor, because we don`t know anything about this mystery doctor. Go
ahead.
AZAR: All right. So if this physician is not authorized to perform procedures in this particular building or this particular office or
practice, that`s going to be difficult, because that means that he or she is not probably covered -- the malpractice insurance is not going to cover
that individual where they performed that particular procedure.
So for two reasons right there, this was an absolutely unfortunate afternoon for this doctor. Again, whether or not he or she, indirectly or
directly had something to do with Joan Rivers` demise because of taking a selfie -- that`s a totally different issue.
The other issue is, of course, performing a vocal cord biopsy in an area where there`s no critical care right there where intubation could be a few
minutes away. We all know that`s the most feared complication for vocal cord biopsy -- this thing called the ringo spasm (ph) where the throat, the
airway just closes up.
VELEZ-MITCHELL: All right. Thank you Doctor. And that`s a great explanation, and thank you for allowing me to bring in those important
caveats. Joan went to the clinic because she had a sore throat. And her voice had been very hoarse and raspy -- we all know that from watching "E
Fashion Police".
(BEGIN VIDEO CLIP)
RIVERS: I love -- that your legs go on and on and on and on like Gwyneth Paltrow (inaudible).
(END VIDEO CLIP)
VELEZ-MITCHELL: Joan went in for a routine endoscopy which means that a camera was put down her throat to check on her vocal cords. So far, so
good, right. The medical clinic`s director reportedly performed the endoscopy. Ok, that is a male doctor. I believe -- and I`m talking to my
producer -- that`s the photo that we showed, the male doctor, correct. Yes?
Then according to a source, Joan`s personal ear, nose and throat doctor performed a biopsy, meaning taking a small sample of cells or tissues from
her vocal cords allegedly without Joan`s consent. And reports claim the doctor was not legally certified to perform that biopsy in the clinic.
Remember, the clinic says there`s never been a biopsy done in that clinic. So this is obviously something that is going to have to be ironed out.
But Taylor Koss, hypothetically, you`re a defense attorney -- could there be a criminal charge here?
KOSS: I mean there are problems everywhere. First of all, I want to say, what the hell is wrong with these people? Who`s taking selfies? This is a
grown man or woman? I mean come on. Get real. There`s an 81-year-old patient, lying there, sedated -- under anesthesia. By the way that`s a
health risk in and of itself.
And you know, the issue we have here when we`re talking about possible criminal charges, you know, when these things and this information starts
leaking out, we are inching closer and closer to a possible criminally negligent homicide charge. You know, there`s a reason that doctors have to
discuss these procedures with their patients. It is the patient that gets to weigh the risks and the benefits of having a procedure.
You know, with all due respect, this wasn`t this doctor`s decision whether or not to do a biopsy. It was Joan Rivers`.
VELEZ-MITCHELL: Ok.
KOSS: And quite frankly, now Joan Rivers is dead.
VELEZ-MITCHELL: I want to say this. On the other side, we`re going to talk about medicine and celebrity, and why when you`re a superstar that can
really affect the medical process in so many ways.
Stay right there.
(BEGIN VIDEO CLIP)
JOY BEHAR, TV HOST: Well, how much have you actually had done?
RIVERS: Two full face-lifts.
BEHAR: Yes.
RIVERS: And then little-bitty, bitties, I call them.
BEHAR: Tweaking.
RIVERS: Tweakings, you know, like I have a very good friend Steven Hoffman in california and I`ll say what do you think Steve, tell me the truth? And
he`ll say wait another year. Wait two years. Or he`ll say "Oh my God, get in here tonight.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
RIVERS: If I want to see three people who make tons of money and have no talent, I will not watch you guys. I will watch the Kardashians.
UNIDENTIFIED FEMALE: What happened to your eye? What happened?
RIVERS: I scratched it on Al Roker`s zipper.
(END VIDEO CLIP)
VELEZ-MITCHELL: That`s from ABC and NBC. Oh, my gosh. She was so funny - - such a classic. Superstars and medicine, explosive combo, and of course, it always brings to mind Michael Jackson`s tragic death. Here`s a clip of
the icon` classic "Thriller" from Epicsom.
(MUSIC)
VELEZ-MITCHELL: All right, Michael, an example of a star whose doctor bent the rules and the star ended up dead. Dr. Conrad Murray, his doctor was
convicted of involuntary manslaughter, served time for administering Propofol, a surgical knock-out drug in Michael`s home to Michael. There is
the doctor.
Dr. Judy Ho, clinical psychologist, well we forget our doctors are human and are just as swayed and awed by the fame, the money, the power, the
celebrity as anybody else.
HO: That`s right. And I think a lot of these physicians who end up working with celebrities are taking on a little bit of a narcissistic
personality themselves. And they start to take other things into their hands when really, it`s not really within their right to do so. I think
that`s the (inaudible) line here between even Michael Jackson`s doctor as well as Joan`s doctor.
VELEZ-MITCHELL: Yes. And I have to tell you Facebook -- Bren on Facebook, "The doctor took a selfie. It may be a little unprofessional but it has no
bearing on the outcome." That`s her opinion. And Facebook, Chris says, "She was old and there are risks for every surgery for everyone."
So people are divided on this issue. I want to thank my fantastic panel, and thank you Dr. Natalie Azar for rolling with the punches as well as the
rest of you.
And Nancy`s up next with more on the story.
END
