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Legal View with Ashleigh Banfield

Jordan Delivers on Vow, Participate in Airstrikes; 15 Survived Taiwan Plane Crash; Aaron Hernandez Trial Continues

Aired February 05, 2015 - 12:00   ET

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

ASHLEIGH BANFIELD, CNN ANCHOR: Hello, everyone. I'm Ashleigh Banfield. And welcome to LEGAL VIEW.

They weren't the first and they probably won't be the last, but if air strikes can ever be seen as personal, today's attacks by Jordan against ISIS positions in Syria were extremely personal. Fighter jets like these helped carry out what Jordan's government had promised since Tuesday. Quote, "earth shaking retaliation" for the burning alive of a captured Jordanian pilot from a long established and well- connected family. Today, King Abdullah not only paid his respects to the dead pilot's father, but he went further. He ordered his war planes to overfly the pilot's hometown right after returning from their bombing run.

Joining me with the insights on all of this are my CNN colleague Becky Anderson, who is live in Amman, Jordan, CNN terrorism analyst Paul Cruickshank here in New York, and CNN military analyst and former commanding general of the U.S. Army Europe, Mark Hertling. For two years, General Hertling commanded a task force of 28,000 troops in northern Iraq, too. So a lot of insight in this region.

Becky, I want to begin with you, if I can. This notion that the king has made this personal and that Jordanians are feeling this right at their core, there was a posting of a photograph by the royal court of the king himself in his military flight suit. Can you tell me a little bit about how the rest of that country is responding, especially in light of those sorties going out and back just today.

BECKY ANDERSON, CNN INTERNATIONAL CORRESPONDENT: Yes, I mean, he's a military man himself. He flies helicopters. And this is and will be very, very close to his heart. He spent, what, three or four hours down in Kurack (ph), in the south of the country today with -- paying his respects to the family and family members of that young pilot. To a family who had asked that Jordan seek revenge. They had asked for the total annihilation of ISIS after those gruesome, gruesome pictures that ISIS posted of the burning of that young man.

There is a real sense here that people are standing united since that video was posted. Let me tell you that I was speaking to sources here today who admitted that before that, before this episode, you'd probably find as many as one in five Jordanians who really hadn't supported Jordan's fight against ISIS, its position as an Arab ally in the coalition against the militant group. They didn't understand what it was about what was going on in Iraq and Syria that really meant their forces had to be part of that. But you've seen a real coming together of spirit and an understanding now that this, as the king and his people point out, is an Arab fight, it is a Muslim fight and as much as they are part of the coalition, they need the willing, they need the hearts and minds of people here in this country to carry on that fight.

I mean, I think you will find that they -- there is a sense that the Jordanians are disappointed that there isn't more support coming from Washington, although they do admit that the coalition, they need the U.S. and the coalition is important. But they are certainly, tonight, this hour, standing united, Ashleigh.

BANFIELD: And, of course, coalition aircraft, many of them United States aircraft, are flying right alongside those jets, those Jordanian jets. They do not fly alone, as our Barbara Starr has said often.

Standby for a moment, Becky, if you will.

General Hertling, if you could just add on to this notion. The rhetoric that's coming from the Jordanian officials, the annihilation, the earth-shaking retaliation, et cetera, truth of the matter is, and correct me if I'm wrong, that the air tasking order does not grow, that is the list of targets does not grow. Perhaps Jordan wants more of those targets at this moment. But does this change the metric of the attack on ISIS from the coalition?

LT. GEN. MARK HERTLING (RET.), CNN MILITARY ANALYST: No, I don't think so, Ashleigh. I've been in meetings with my Air Force brethren when they've -- when they're developing their tasking orders, and there are sometimes some units or some alliance members who are saying, hey, I want these targets. Give me these. I think I can handle these.

So I think what you're probably seeing from a tactical perspective is Jordan is stepping up more. They are probably offering more aircraft to conduct the missions and they are desirous of the targets. And I think any good commander of a task force will say, you got it. This targets are -- these targets are yours.

But I think what has happened in Jordan is there has been a galvanizing of support for this operation. King Abdullah has generated trust, not only with the institutions, but with the tribes and with the military. He's a very strong professional in terms of the military. Becky just reported, he's an aviator. He's also been a cavalryman and a special forces commander. So he knows the military and they know him and they trust him to do the right thing.

BANFIELD: I -- Paul, if you could weigh in on the notion, this morning on "New Day," the state minister, who's effectively a spokesperson for the Jordanian government, Dr. Mohammed al Momani, he actually said these words. He said, "this is our war. This is the Muslim world war. This is the Arab's war. It is logical for all of us to say and understand and accept this as our war, especially the diesh (ph)," which is the derogatory term they use for ISIS, "especially the diesh's committing this war in the name of Islam, which is absolutely incorrect and not true." For him to say this is an Arab war and is the Arab world's war as well as the Muslim world's war has got to be hugely significant for his neighbors as well.

PAUL CRUICKSHANK, CNN TERRORISM ANALYST: Huge. I mean this is -- these are powerful and significant words. And the only way this is going to be defeated is if Sunni Muslims defeat al Qaeda and ISIS and groups like this. So very, very, very significant. I think the most powerful words I've heard coming out of a major Arab power over the last several years when it comes to this sort of war on terrorism.

And Jordan has very significant intelligence capabilities inside in Iraq and Syria. They played a key role in that strike which took out the founder of ISIS, Abu Musab al-Zarkawi in Iraq in 2006. And I think that's going to be their biggest contribution moving forward, Ashleigh.

BANFIELD: Paul Cruickshank, thank you for that. General Hertling, thank you as well.

And we're going to continue our look into this story to see what the possible effects of these latest sorties have been. We may actually get some results in terms of targets struck, targets killed. So stay tuned for CNN for that.

We also have some incredible stories to tell you about survival from that awesome and awful plane crash in Taiwan. Fifteen people made it out alive, including a precious two-year-old that you see here, his father kissing him. Just heartbreaking to see this. His parents are alive. And it was a last-minute decision that may have saved his parents and that baby. We'll tell you what that decision was before that plane took off.

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BANFIELD: Just in to CNN right now, the flight data is, in fact, now in from that passenger airliner that crashed yesterday in Taiwan. We still don't know yet what investigators have learned from those onboard data and voice recorders, but we're going to let you know just as soon as any word on their content comes in to CNN.

In the meantime, the search crews are still working feverishly, looking for 11 people who haven't yet been found since that crash happened yesterday.

It is still shocking to watch this. A twin engine airliner with 58 people on board in the final seconds of this doomed flight. Amazingly, though, when you see those pictures, to know that 15 people on board that plane are still alive today.

And then take a look at this. Also alive is the man who was driving this car, this taxi that the plane clipped just as it was crashing. There was a passenger in there as well. And both the driver and passenger walked away from this. Certainly bad timing, but tremendous luck.

Imagine if this had happened to you. Could you possibly sound this composed on the emergency phone call that you make next?

(VIDEO CLIP PLAYING)

BANFIELD: Just amazing. They think it's a remote controlled plane, not certainly this plane with this size and that many people.

And, right now, every model of that airplane, the ATR-72, is grounded. At least in Taiwan it is. That's at least 22 planes that will be checked top to bottom before they're allowed to fly again.

Now, officials say the aircraft that went down was actually a new one, less than a year old. And that plane on your screen had just had a safety inspection last week.

You're about to hear someone's voice. One of the pilots, talking to ground controllers when something goes very wrong on that flight. And it's just four words. Listen closely.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Mayday, mayday, engine flameout.

(END VIDEO CLIP)

BANFIELD: Mayday, mayday, engine flameout. That was recorded by a website that monitors airline communications. Officials do have those flight data recorders, as we mentioned, from the wreck. They're processing them. And they're going to use them to find out what made that plane crash so soon after it had just taken off in Taiwan.

More voices now from the people still in shock that their loved ones somehow survived that crash when 32 people and probably more were not able to survive it. All of the images from Taiwan have been startling, but this one just incredible. That boy, his dad with him, kissing him. He's alive and they are making their way to safety, on their own, with a little help from those ribbed (ph) boats. The dad's brother spoke to CNN.

(BEGIN VIDEO CLIP)

CHRIS LIN, UNCLE OF 2-YEAR-OLD CRASH SURVIVOR (through translator): He saw my nephew's feet in the water and pulled him out, but he had no heartbeat. His lips were blue. There was no sign of life. My brother performed CPR on his son and was able to revive him. And then they got out onto the wing waiting for the rescue team. My brother was really grateful to the rescue teams and was also grateful to the pilot because of his heroic act. He was able to save a lot of people and allow our family to survive.

(END VIDEO CLIP)

BANFIELD: Surviving the plane crash, it is one of those massive questions I want to ask Mary Schiavo here.

This is right in your wheelhouse, Mary, the people who survive crashes. You're an aviation analyst. You used to be part of the Department of Transportation -- you were the inspector general. And the boy's father says that they had actually switched seats on the plane because he, for some reason, did not feel right about the engine sound. Does that stick out to you? Does that sound as through that could have been life-saving because of the engine sound or just the happenstance of where you sit and how the plane goes down?

MARY SCHIAVO, CNN AVIATION ANALYST: Well, possibly some of both. There have been accidents and crashes in the past where the engine had had a problem and actually had spewn parts out and people on that side of the plane were harmed or killed and people on the other side were not. So it's good when people pay attention. If something isn't right, do something, say something. But oftentimes your seating and where the plane breaks open and whether you can get out of the plane from where you're seated can determine whether or not you survive.

But there are several factors that determine survivability. You know, one is, of course, seating. Having your seat near the greatest concentration of exits so you can get out if you -- if there's an opportunity to do so. Obviously not in the recent crashes where they had fallen from 35,000 feet. But if a plane goes down somewhat controlled to the ground, you want that exit to be near you. If there's no fire. Fire is very deadly and that often determines whether or not people survive.

And finally, and I've had the honor of representing many survivors over the years, the one thing they have in common is they acted. They said, I am going to live and I am going to get out. And many of them took other people with them. They -- several survived because of the actions of one.

BANFIELD: You know, I want to ask you about that because I'm not sure if it was you or if it was David Soucie, another one of our airline analyst, who said, remarkably, survivability from plane crashes is closer to 50 percent. And I think maybe a lot of people might be surprised by that. But if you -- if you read Ben Sherwood's (ph) survivor's club, he also talks about what you just said, this notion that some people just freeze. They don't know what to do and they're waiting for some kind of instruction. How can you counsel people about that? Either you have the flight or fright notion, right?

Mary, can you hear me?

SCHIAVO: I've lost the sound.

BANFIELD: Oh, we've just lost her. I know -- we'll try to get Mary back because that is such a key issue with so many -- not only just aircraft, you know, disasters, but also ferry disasters, et cetera. Whether you can do what Mary said, and that is just get moving no matter what. Don't wait for instruction. Don't wait for inspiration. Just go no matter what's in your way. We'll work on trying to get Mary's earpiece back.

In the meantime, the jury in the Aaron Hernandez murder trial, they're going to go outside that courtroom, on a bus, and to a few important scenes, like the home of the former NFL Patriot's star tight end. Yes, his home. One stop of the bus tour. A look at how this man lived, where he lived. Might that impact the jury? That's next.

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BANFIELD: As police testify in the Aaron Hernandez murder trial today, the big moment that a lot of people are waiting for is just around the corner, almost literally, because tomorrow the jurors may actually get on a bus and then visit the crime scene. And not just the crime screen either. They may get a trip to the former NFL star's mansion.

So we're going to give you some pictures today of some of the testimony inside the courtroom. North Attleboro Police Captain Joseph DiRenzo has been talking about items found at the scene of the crime, including what's called a blunt, which is a marijuana type cigarette, a shell casings and a towel that was found near the victim's body. That victim, Odin Lloyd.

So tomorrow, the plan is for the injury to leave that jury box and load the bus and then head to where the former Patriot allegedly shot and killed his friend, that industrial park where the body was found. But then they'll also go to Hernandez's home, where they will be near to something very different from other people's homes, a trophy case. Prosecutors have said they're kind of worried about that, that the trophies could manipulate the jury in some way. Make them think something about Aaron Hernandez that they might not think about say other defendants who sit in that very chair.

I want to bring in our legal experts, CNN legal analyst Danny Cevallos and HLN legal analyst Joey Jackson.

Guys, this is always a huge issue in court when there's a case, are they even allowed to go on these jury go-sees. And a lot of times they're not allowed. Are you surprised they're allowed to do it, Joey, in this one?

JOEY JACKSON, HLN LEGAL ANALYST: You know, I am. And Judge Cevallos and I were having this discussion just before we came on air. I would not have allowed it for a number of reasons.

BANFIELD: Really?

JACKSON: I would not have. I mean, look, the critical issue is, is this where the crime occurred? If it didn't occur at the home, how relevant is it to any issue? How probative is it to any issue? And how more or less likely is it for the injury to decipher whether or not he murdered him or not? And so on that basis I'd deny it.

At the end of the day, though, I think that the case is about the circumstantial evidence, if you're the prosecution, that puts him at the scene and shows that he's the guy that did it. Or if you're the defense, it's certainly about not a motive to do it and why wouldn't he be? So why they're at the home is anyone's guess.

Last bit of trivia. I have to tell you this. Do you know that February 12, 1995, is when they did the O.J. Simpson tour similar to this. The whole jury went out. That's a week from today. BANFIELD: Really? How about that? You know, by the way, speaking of

that, I just have a note here from our Susan Candiotti, who's covering the case. And the official court notice that jury tours are the norm in murder cases in Massachusetts. I didn't realize that because I've heard them fought, you know, violently in court arguments.

And I also heard this, that they are -- there was some question about whether they will or won't go inside the house. They are, without question, going inside the house. Our Susan Candiotti is reporting the media pool will not be allowed to go along.

JACKSON: Ah.

BANFIELD: Now, originally, the media pool was supposed to be going along for the whole thing, but not inside the house.

What's the story about the trophy case? What's the remedy to what the trophy case could do to the jurors who go in that?

DANNY CEVALLOS, CNN LEGAL ANALYST: The concern with the trophy case, from the beginning, was the idea that if the jurors see it, they'll see all these awards and start to think that the defendant is somehow more validated than your regular defendant. In other words, they'll come away with an undue impression that he is a good guy. Which, you know, this goes down to the adversarial nature of lawyers. On the defense side, they want the injury to look at Hernandez in a positive light, and the prosecutors don't want them to consider those trophies as some sort of, hey, this guy's OK.

But, look, I've got to pound my fist because of what Joey said earlier. This whole business with jury views, a case like this gives the public a wrong idea that every single case involves jurors getting onto a big yellow school bus and going to look at crime scenes. And the reality is, they're very rare. And the reason is, they're expensive and they're hard to manage. So, when these high profile cases, the one commodity that the court doesn't seem to mind expending is time.

JACKSON: Right.

BANFIELD: Manage is an interesting word that you just used because I'm going to bring up your O.J. Simpson. I'm going to see your O.J. Simpson and I'm going to raise you. In the O.J. Simpson case, there was a concern that someone had placed a Bible on a table in O.J. Simpson's home.

JACKSON: Yes, strategic manipulation as they call it.

BANFIELD: And it's a -- look, he hasn't been in that home for months upon months and other people have been. So, that scene is nowhere near exactly what the scene was that they need to be considering, right?

JACKSON: It's not. I mean there's a lot of reasons. And I don't know that they're common like that. In fact, my understanding is that they're very limited because of the time and because of the court's resources. You're talking about expending manpower and everything else. But I think the attorneys will be very careful to make the crime scene as close as possible to what it was, or I shouldn't even say the crime scene, the home, because the crime scene, of course, was in North Attleboro, the industrial park --

BANFIELD: Unless, of course, the whole gun crimes originate inside the home --

JACKSON: Yes, but --

BANFIELD: But we have not found the gun.

JACKSON: But do you really need a tour to do that? Is video evidence ample? Is photographic evidence --

CEVALLOS: That's -- that's the amazing thing. That's the amazing thing. We're going not even to the crime scene, but the guy's home where at most a small portion of the crimes alleged happened.

BANFIELD: OK.

CEVALLOS: So this is an unusual thing.

BANFIELD: All right.

JACKSON: We'll see how it influences that jury or does it influence them.

BANFIELD: We'll come back tomorrow and we'll talk about that.

JACKSON: Look forward to it.

BANFIELD: Thank you, Danny and Joey. I appreciate that.

JACKSON: Thanks.

BANFIELD: As the conflict in Ukraine grows even more dire, the ball, according to John Kerry, is now firmly in Russia's court. Secretary of state calling on that country, calling on Russia to accept the notion that there is in fact a diplomatic solution to all of this. And it is staring everyone in the face.

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