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New Day

Missouri Flood Death Toll Rises To 14; Attorney For Cosby Civil Suit Reacts To Charges; "Affluenza" Teen Fighting Deportation. Aired 7:30-8a ET

Aired December 31, 2015 - 07:30   ET

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

(COMMERCIAL BREAK)

MICHAELA PEREIRA, CNN ANCHOR: The mother of the so-called affluenza teen is back in the U.S. from Mexico. This morning, Tonya Couch, arriving in Los Angeles. She arrived overnight in handcuffs escorted by U.S. Marshals.

Meanwhile, her fugitive son, no longer a fugitive, is fighting his deportation. He was granted a three-day temporary stay. He will now face a judge. The 18-year-old is wanted on a probation violation for a drunk driving case that left four people dead.

JOHN BERMAN, CNN GUEST ANCHOR: A friend and former neighbor of one of the San Bernardino terrorist has been indicted by a federal grand jury. Prosecutors say 24-year-old Enrique Marquez conspired with Syed Rizwan Farook to plan terror attacks in the U.S. in 2011 and 2012.

Marquez is expected of buying two of the weapons used by the terrorist in the San Bernardino attacks, but officials say as of now there is no evidence that Marquez knew about that attack.

ALISYN CAMEROTA, CNN ANCHOR: Tech giant Apple hit with a class action lawsuit accused of slowing down older iPhones with its latest software upgrade.

The suit seeks more than $5 million claiming Apple knew of potential compatibility issues with their iPhone 4s when it released its latest software update.

Apple has not commented, but a judge threw out a similar 2011 lawsuit concerning the update for the iPhone 3G.

PEREIRA: The North Pole seeing a rare heat wave. The temperature there yesterday 33 degrees. That is nearly 50 degrees above normal. Meteorologists say the same system behind the severe weather that led to the historic Midwest flooding is causing this. The mercury on the North Pole is expected to plummet back below freezing soon.

Now, turning to that, historic floods in Missouri where thousands of residents are waking up to another day of devastating floods and rivers are expected to crest today.

Joining me now is Mayor Mike Pennise of Valley Park, Missouri. Mr. Mayor, I know it's been a tense 48 hours or so for you. I'm glad you're able to give us an update this morning.

I know the area that you're most concerned about is the cresting of Merrimack River. Can you give us an idea of how those levees are doing? Have they been overtopped yet?

MAYOR MIKE PENNISE, VALLEY PARK, MISSOURI (via telephone): The levees very doing very well. The Corps of Engineers has been with the city since Monday and they checked the levees with us. We patrol the levees every hour and the Corps has said that the integrity of the levee is still very good.

PEREIRA: OK, we know that mandatory evacuations were ordered by you Wednesday, for the lower end of the city, ordering of a noon deadline for about 880 people to evacuate. Can you give us an update on the evacuations? Did they go smoothly?

PENNISE: Yes, ma'am. We followed the top Corps guidelines for evacuation. It says that (inaudible) we should do the mandatory evacuation. Everything went very smoothly.

[07:35:04]People had already started packing their belongings and getting ready to move because we had been giving them notices and hand delivering letters to update them and updated our website to keep everybody well informed.

They knew so there was no mass exodus. It was very smooth. And I just wanted to thank all of the residents for working so well and the businesses through this time.

PEREIRA: We know that your residents are fairly well versed in this. This area, we understand, floods fairly frequently. And it sounds as though that they use their expertise.

I wanted to ask you about this. We're hearing some reports of some residents saying, look, these bridges ended up acting like dams. The water is so high, the bridges end up catching all of this refuse and dams. Are you seeing a lot of this happen in the area?

PENNISE: We have two bridges that go into the town. One is the (inaudible), one is the regular 141 Highway. It holds debris there. It does pick it up a little. It's getting around it pretty quickly, though.

PEREIRA: a moment ago, you talked about the levees and you were please that they were holding. I'm curious what your level of confidence is in those levees and the levee system in the next 24 to 48 hours as the river begins -- continues, rather, to rise?

PENNISE: Our river has crested maybe 30 minutes ago.

PEREIRA: OK.

PENNISE: The river here at Valley Park and we're going to see the downside from there.

PEREIRA: Well, and then we know the work begins then. PENNISE: Of cleaning up.

PEREIRA: Yes, you're definitely not out of the woods for sure.

PENNISE: Right.

PEREIRA: Talk to us about some of the residents there in terms of what they can expect as they begin to wake up this morning, as you say, the river has crested now. What you can tell them about the status of emergency services and the businesses that are going to be affected?

PENNISE: We're having an 8:00 meeting this morning to go over when we would lift the evacuation so they can get back in town. And as the river recedes, when we're going to open up the floodgates, and where the city is going to be open, you may be in a different area, but they will be back Monday. And our services will continue. We'll have to do is call city hall, we will be there.

PEREIRA: You sound very well versed in all of this. I'm curious, sir, have you seen anything quite like this? A lot of people are recalling the great flood of '93, this looks like it's going to surpass it if it hasn't already. What are your thoughts?

PENNISE: I'm very confident that the Corps building our levee here and with all of the residents what they have been through and all of the city employees, everybody has stood up and helped, and you know, worked together to continue to try to get past this situation.

PEREIRA: It's something to witness as we watch these images on our screen. Mayor Pennise of Valley Park, thank you for giving us the update on conditions there.

PENNISE: Thank you so much.

CAMEROTA: OK, we will stay on that and bring you updates as needed.

Meanwhile, Bill Cosby arraigned on sexual assault charges. Up next, the lawyer representing seven women who filed a defamation suit against the actor. That's next on NEW DAY.

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[07:42:35]

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My client is not guilty and there will be no consideration on our part of any sort of arrangement. When you separate what happens in the court of law from what has been allowed to happen in the fictional court of public opinion, you will get an outcome that justice requires.

(END VIDEO CLIP)

CAMEROTA: Well, that was Bill Cosby's attorney defending her client this morning. Cosby's legal troubles, though, are not limited to yesterday's new criminal charges. There's also a civil defamation suit against him from seven of his accusers.

Attorney Joseph Cammarata, no relation, represents those seven women and he joins us now. Great to see you, Mr. Cammarata. Thanks so much for being here.

Before we get to the civil case, let's talk about what happened yesterday in court and these new criminal charges. You represent seven of Cosby's most vocal alleged victims, Barbara Bowman, John Tarshist (ph), Linda Traits (ph), just to name a few. How are they feeling?

JOSEPH CAMMARATA, ATTORNEY FOR SEVEN COSBY ACCUSERS: I can't give you an answer to be specific to them. But I think there's a sense of vindication, a sense of looking forward to a trial, a criminal trial. That will bring justice to Andrea Constand. It's somebody looked at the evidence and found there's just cause to proceed to trial on very significant criminal charges.

CAMEROTA: And the reason you don't want to give us a specific answer about your clients is because of this ongoing defamation suit, I believe. Your clients, your seven clients, are suing Bill Cosby, correct me if I'm wrong, for defamation, for basically suggesting that they're liars.

He, Mr. Cosby, is countersuing them for the claims that they've made on our air and elsewhere about what he did to them. And that's why you don't want to give any specifics about them.

CAMMARATA: That's exactly right. I can't talk specifically about their feelings or what they're intending to do, other than being in court Because of the pending case. But Mr. Cosby's counterclaim, as we've said, is nothing more than a defense lawyer's page out of their playbook.

To shift attention from his own actions, and divert it to somewhere else. But my clients are resolute in their day of court.

[07:45:05]They are believing that at the end of the day, their good name and reputation will in fact be restored.

CAMEROTA: Well, Bill Cosby is speaking out about your clients, at least through his representatives. Let me read for you what he has said about their claims. Cosby stated plainly that "he neither drugged nor sexually assaulted the defendants.

And that each defendant has maliciously and knowingly published false statement and accusations in evidence to cause damage to Mr. Cosby's reputation and to extract financial gains." What's your response?

CAMMARATA: Well, that's just lawyer speak. But let's look at the evidence that has already been out in the public with respect to that allegation of non-drugging. The Andrea Constand deposition was in part released. The public portion that dealt with one of the -- my clients, Therese (inaudible) recounted how Mr. Cosby gave her Quaaludes. Put her in an altered conscious state and then had sex with her.

She says it was nonconsensual. When asked Mr. Cosby, do you know if she consented. He said I don't know. She knows I did not consent and she says she was raped. So his claim that he gave anybody drugs is not supported by his own admissions in the Constand litigation.

But look, we have a courtroom. We have a forum where truth can be tried, where the rules apply fully and fairly to all sides, to all the ladies and to Mr. Cosby. And my clients are looking forward to having their case heard by a jury of their peers.

And they believe at the end of the day, that it will be proven that they are the ones telling the truth, and not Mr. Cosby.

CAMEROTA: But here's what's confusing about what's about to happen in your court case, and that is hat these seven accusers have not been able to prove in a court of law that Mr. Cosby has sexually assaulted them because their statute of limitations has passed.

So if they haven't been able to prove that, how are they going to prove now that he's lying about it or they are telling the truth about it?

CAMMARATA: I'm not sure what you mean by having to prove. There is no test by which they had to prove anything to anybody. They came out publicly and they made statements that said that they were assaulted or abused by Mr. Cosby, period. There was no proof that had to be established.

CAMEROTA: I mean that the statute of limitations has passed. They haven't had their day in court so there is no sort of evidence that they've been able to hold up. So how will they prove it now that their words are true?

CAMMARATA: I understand. Well, first of all, we have -- let's start with number one. They claim that they were given drugs, and then taken advantage of by Mr. Cosby. Mr. Cosby has admitted, he got prescriptions, not for his own use, but to use with other women, Quaaludes, controlled substances, a sedative that knocks you out. Makes you incapable of consenting to anything. That's number one.

Number two, he said at least to Therese (inaudible), one of the seven women I represent, that he had sex with her after he gave her the Quaaludes. That's what she says, too. When asked, did she consent, he says, I don't know. But she knows I didn't consent.

So I don't know how much farther you have to go beyond that. But we also have evidence of a pattern and practice of Mr. Cosby allegedly doing this to some -- you know, dozens of other women, some 54 in number. And so, it's that type of evidence that will also be at issue in in our case.

CAMEROTA: Yes. CAMMARATA: Now, Mr. Cosby has put into issue his own reputation. He says he says he's the truth-teller and the ladies are liars. Well, we're going to see just what type of reputation, what type of character he had. Was he known as a woman -- a woman -- as he known as a man that was abusing and assaulting other women?

CAMEROTA: Right.

CAMMARATA: That's to be tried.

CAMEROTA: And the depositions, I believe, in your case, begin starting one week from today. So it will be fascinating to watch those proceed as well as the criminal case. Joseph Cammarata, thanks so much for being on NEW DAY.

CAMMARATA: Thank you for having me.

CAMEROTA: Let's get over to John.

BERMAN: All right, thanks, Alisyn. The so-called affluenza teen, he is in Mexico fighting his deportation to the United States. How long will he be allowed to stay? How can U.S. officials get him out of Mexico? We'll discuss -- next.

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[07:53:32]

PEREIRA: Good to have you back here. The mother of the so-called affluenza teen is back on U.S. soil this morning. Her son, though, remains in custody in Mexico. He won a temporary three-day stay to delay his deportation.

Let's get through all of this criminal stuff or the legal stuff rather with criminal defense attorney, Midwin Charles. We also have CNN legal analyst and criminal defense attorney, Joey Jackson.

JOEY JACKSON, CNN LEGAL ANALYST: It is criminal stuff.

PEREIRA: It is criminal stuff and the fact is the work in the system it sounds like a little bit last ditch effort to prevent deportation. Help me understand what kind of maneuver this is.

MIDWIN CHARLES, CRIMINAL DEFENSE ATTORNEY: It's called a Writ of Amparo and it's almost similar to what we have here in the United States a Writ of Habeas Corpus, which basically says at least from the perspective of the Writ of Habeas Corpus, an unlawful detention.

Here what he has done is he has filed a sort of action that says, you know what, if you send me back to the United States, it will be a violation of my rights.

And I know most people are thinking wait a minute. He's not a Mexican citizen. How does it apply? Apparently, it does. Once you are on Mexican soil you can file this Writ of Amparo.

PEREIRA: Does it only apply to international fugitives or to does that apply within Mexico, to Mexican citizens?

CHARLES: It applies to Mexican citizens so this is something that is available to them if they believe a wrong has been committed against them that would infringe upon their constitutional rights. Now chances are it is not going to be successful.

[07:55:02]What he is doing is he's asking for a judge to make a determination as to whether or not he should be extradited back to the United States as opposed to an immigration agent.

PEREIRA: OK, because that's what I was about to say, don't Mexico and the United States have extradition treaties and arrangements, et cetera, et cetera, so the Writ of Amparo supersedes that?

JACKSON: Yes, well, no, it does not supersede it. Let me just say this I will never begrudge anyone particularly when I'm trying to defend people's rights for exercising any right that they possibly have and so he is doing this.

Now what will the end result be? While it will be a little delay as we see because of the stay, I think ultimately, Michaela, he will be brought back here to face the music.

PEREIRA: You don't think it's not going to work.

(CROSSTALK)

JACKSON: Here's the issue. Under extradition laws, and you mentioned it, we have a treaty with Mexico. It's been in effect since 1980. We have great relations with Mexico.

PEREIRA: We've seen fugitives sent home numerous times.

JACKSON: And I think what happens is it is going to follow that extradition analysis, which is what, does the United States have jurisdiction over Ethan Couch, OK?

Number two, has he committed a deportable offense for which he should be extradited? Number three, is there probable cause to believe that he has committed that offense?

PEREIRA: It's probation violation --

JACKSON: Exactly. So once that is established I think ultimately he's brought back here. And remember what the net effect of this is, Michaela. If he were back here, he would be in a detention facility until he's 19. He's being detained in Mexico. So the net effect is --

PEREIRA: He's detained.

JACKSON: Exactly. He's detained, period. Mexico, United States, he's in.

PEREIRA: Does the fact that he was a minor -- is not any longer. He's 18. Does his age play into any of this in terms of Amparo, in terms of extradition?

CHARLES: I don't think it does. The Writ of Amparo focuses solely on whether or not his constitutional rights have been violated.

PEREIRA: It's such an unusual thing -- if you think about the fact the constitution of where, though, here, there -- you know, this is where it does get really complicated.

CHARLES: It does get complicated, but think of it from this perspective, Mexico is a sovereign country. They have laws when it comes to immigration and one of the reasons why I think they actually granted his but denied the mother's, the mother is already back here. She is already back here.

PEREIRA: I understand that the judge did not receive an injunction like the one that the son got so that's why she's back, correct? That's what I understand.

We got to talk about mom too. Can we talk about mother? She's back in L.A. She's back on American soil. She's facing numerous charges, I understand, and some of them fairly serious.

Among them is a charge of hindering the apprehension of a juvenile of which she could land in jail for up to 10 years.

JACKSON: That's correct.

PEREIRA: Now does her involvement in her son's travel to Mexico, does that at all lessen the burden on him, Joey?

JACKSON: I don't think so at all. You know, look, there are two separate issues here. Obviously, he has to face the music for his probation violation, which he'll face when he comes back to the United States, which I do predict.

In terms of the mother, she has a standalone issue to deal with. And that is that when you are harboring a fugitive, as she did, when you are assisting and aiding and abetting getting him to Mexico.

And when you know the authorities are looking for him based upon and predicated upon that violation of probation and you are really doing everything you can to shelter him in have him in Mexico.

Of course, it violates a statute, which we call hindering apprehension in Texas and as you mentioned, Michaela, ten-year punishment. Not that she'll get that.

PEREIRA: Bottom line, though, what does Ethan Couch have to gain by delaying his -- because you both seemed to think that this is happening? Jack is coming back to the states here so --

CHARLES: I actually think this is a bigger issue. You know the net gain as Joey pointed out is he's still going detained. I think this goes back to this whole idea of affluenza.

This is a boy, a young adult, who believes that he is privileged. He has the audacity to believe that not only will he throw a party before he leaves the country which is the allegation is that he is going to do whatever it is that he can to prevent from facing the music for what it is that he did.

And he's lucky enough to have gotten ten years' probation and despite that fact he is sort of thumbing his nose at our justice system --

(CROSSTALK)

PEREIRA: We'll be talking more about this. Midwin, Joey, so much thanks to you and happy New Year if we don't see you. We have a lot of news to get to so let's go.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Bill Cosby made two sexual advances at her that were rejected.

UNIDENTIFIED FEMALE: Bill Cosby charged.

UNIDENTIFIED FEMALE: Twelve years after the alleged incident.

UNIDENTIFIED FEMALE: He could go to prison for ten years if convicted.

UNIDENTIFIED FEMALE: Tears of relief, of joy and validation.

UNIDENTIFIED MALE: Their ambition is to kill as many people as possible.

PEREIRA: Two suspects arrested in Turkey with suicide bombing gears.

UNIDENTIFIED FEMALE: Brussels canceled its New Year's festivities and fireworks.

UNIDENTIFIED MALE: Six thousand police officers here in Times Square.

UNIDENTIFIED MALE: New Year's Eve in New York City will be the safest place in the world to be.

BERMAN: Historic floods hitting the Midwest. The waters are still rising.

UNIDENTIFIED FEMALE: At this point, we are waiting --