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Jodi Arias to Speak to Jury; O.J.'s Former Attorney Testifies; Obama Says Stop Abuse in Military.

Aired May 17, 2013 - 11:30   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: We want to bring in HLN legal correspondents, Jean Casarez and Beth Karas.

This woman told a TV station minutes after her conviction she preferred to die. How can she stand up next week saying anything other than that without a massive challenge from the court?

BETH KARAS, HLN LEGAL CORRESPONDENT: Well, she can say whatever she wants from the jury. I don't think there will be that many restrictions on her. Although, I don't think she's going to say, please give me the death penalty. We know from her attorney, Nurmi, she intends to talk about her artwork and display her artwork. That is one of the eight mitigating factors the defense has laid out. Her friends who are going to testify, we'll support only of the mitigating factors. She will corroborate the lack of family support and she has always tried to better her life. She has, obviously took a turn for the worse. Whether she will say, please, spare my life, I can have some value to society even behind bars, share my story with others so they don't go wrong, I don't know. It's a wild card. We just know if she'll ask to live or die.

BANFIELD: I'll say. The wild card would be whether, all of a sudden, the video of her saying, you know, I really prefer not to spend time behind bars, I prefer to die, whether that would rear its head.

But, Jean Casarez, more importantly Darryl Brewer is an ex-boyfriend of Jodi. He testified and now he is one of two people asking for mercy. What are we expecting him to say?

JEAN CASAREZ, HLN LEGAL CORRESPONDENT: Ashleigh, I saw him in the courthouse yesterday. This is the point, the mitigating circumstance, are they substantial to call for the leniency here? Anything to save her life. This was probably the most stable relationship she had. She met him. She was working at a resort. She did very well at her job. She went there every day. She actually filled in as the wedding planner at that resort. They then started to date afterwards. They got a home together. They had a high mortgage. She started having many jobs to make her part of the mortgage. She worked hard at that. He will talk about her attributes.

What Kurt Nurmi said yesterday in that opening statement was Jodi Arias will tell you what she had planned for her life, about her life. The focus will be on her it looks like.

BANFIELD: Important to know, Jodi ended the relationship with him. It wasn't the other way around, as it was for Travis Alexander.

Beth, Jean, thank you both for that. Appreciate it.

In another case, a man who has been dragged through the mud publicly across the country for a week. That's Yale Galanter. A man who spent years defending O.J. Simpson to find out Simpson doesn't like the work he did and wants him on the witness stand now. We are back if Vegas, next.

(COMMERCIAL BREAK)

BANFIELD: What happens in Vegas gets broadcast live across the country. Right now, that's Yale Galanter in defense, defense of his own reputation. That lawyer is the Miami attorney who represented O.J. Simpson after O.J. Simpson had that sports memorabilia dealers run-in, in '07 and was trial and convicted in '08. All week long, O.J.'s brand new lawyers have been trying to get his robbery, assault and kidnapping convictions thrown out on the grounds that that lawyer, Yale Galanter, in their view, bungled the case. They I say they didn't let O.J. testify, he didn't pursue a plea bargain or let O.J. know about it, that they didn't challenge key state's evidence, that he didn't challenge key states evidence, and he also allegedly pocketed a half million dollars without hiring a single expert.

I want to go to one of my favorite judges, Judge Glenda Hatchett, who knows a thing or two about sitting on the bench.

Judge Hatchett, I covered this case. The judge in the case was ruthless to Yale Galanter. Every single motion seemed to get denied. He couldn't get headway at all. Now he's on the hot seat again. I like to ask the question, is it worth defending O.J. Simpson? Instead I want to ask you this. How often does a guy have to get up there and defend his reputation because his client didn't like the outcome of guilty?

GLENDA HATCHETT, FORMER JUVENILE COURT JUDGE: I tell you, this is a strange case because it's brought on a habeas motion. Basically, you don't see this often, Ashleigh. He has to take the stand. He is actually the prosecution's witness basically to say that O.J. is in jail, it's just, that should go on the way it is. You know, you have to question this issue about this half million dollars approximately with no experts being called. Really the question about whether he knew about the plea, whether there was an option that he didn't advise his client about. This will be interesting. In the end, I doubt he will prevail about this.

BANFIELD: Sometimes it's about the evidence. In this claim, some of his claim is claims against Yale, some have co-counsel saying it didn't go as well as it could have been. But I digress.

I want to bring in Paul Vercammen, who is covering the case.

Paul, as we watch Yale Galanter, he has been on the stand 35 minutes testifying. How is his mood? He spent a lot of years defending O.J. Simpson, and now has to put in a lot of time into defending himself. PAUL VERCAMMEN, CNN CORRESPONDENT: Well, he does look visibly annoyed at the time about the questioning. Of course, he is the prosecution's witness. I think Yale Galanter is saying now why am I having to address this? You alluded to this. This is the ultimate case of he said-he said. So far, Galanter basically contradicted everything that O.J. Simpson said on the stand this week, including O.J.'s claim that Galanter, he consorted about this raid. Galanter said he told O.J., just call the police. He also said, basically, he told O.J. it was a bad idea for him to testify then he told him repeatedly about a plea bargain in the works. Again, it's he said-he said situation right here in Las Vegas -- Ashleigh?

BANFIELD: I heard the he said-she said a lot more in that town. But here we are with he said-he said.

Judge Hatchett, far be it for me to guess what a judge is going to do or what you had to do when you were wielding the gavel. In this particular case, there is a fair bit of evidence this judge has to look over and there is no jury. It is all up to her. How tough, as you' at the case so far, how tough of a case or is this a no-brainer?

HATCHETT: I think she has to look at these claims about whether the counsel was ineffective, especially when you have a co-counsel in this case saying some things should have been done and they were not done in the case. At the end of the day, this is going to rest on an issue of credibility. Who are you going believes a lawyer or O.J.? I'm telling you, I think you will put your money on the lawyer at the end of the day.

BANFIELD: Yeah, I'm pretty sure that judge knows there is -- maybe they can't bring it up in Colorado because it's too prejudicial. She knows that O.J. has been in a few courtrooms.

HATCHETT: He's been in a few courtrooms.

BANFIELD: He's had his difficulties.

Thank you, to both of you.

Paul Vercammen, I know you have a lot of work still to do.

Judge Glenda Hatchett, it's a pleasure to see you.

HATCHETT: Thank you.

BANFIELD: President Obama says leaders are angry and ashamed of the sexual assaults in our military. We will ask experts to weigh in on what can be done to stop what seems to be a terrible mess.

(COMMERCIAL BREAK)

BANFIELD: Sexual assault in the military, it is an old, dark secret. It's been thrust back into the national spotlight. A bright spotlight, President Obama saying enough is enough. This has to stop.

Our Barbara Starr has the details. (BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Reporter: another embarrassment for the U.S. military. This time, at Ft. Campbell, Kentucky, home of the 101st Airborne. The officer in charge of sexual assault prevention was removed from his job after being arrested for violating a protective order to stay away from his estranged wife.

DARREN HAAS, MAJOR, U.S. ARMY: Hi, this is Major Doctor Darren Haas (ph) from Bagram.

STARR: He had sent greetings to his wife while serving in Afghanistan in 2010.

The incident came to light after President Obama met with top brass about sexual assaults in the military.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: There is no silver bullet to solving this problem. This is going to require a sustained effort over a long period of time.

STARR: The Ft. Campbell firing was the 3rd in two weeks of personnel assigned to military sexual assault protection jobs. At Ft. Hood, Texas, a sergeant first class in Ft. Hood for pandering. A Pentagon official says he may have forced someone into prostitution, other allegations, abusive sexual contact and maltreatment of subordinates. Last week, Air Force Lieutenant Colonel Jeffrey Krusinski was arrested on sexual battery charges for allegedly groping a woman near the Pentagon where he worked in sexual assault prevention.

On Capitol Hill, pressure is mounting for historic changes in military law. Senator Kirsten Gillibrand is introducing legislation so in sex assault cases, where there may be jail time, the decision to prosecute is taken away from commanders and given to military attorneys. Many feel prosecutors from outside a unit will be more vigorous.

SEN. KIRSTEN GILLIBRAND, (D), NEW YORK: We believe enough is enough. It's time to change this system that has been held over since George Washington that is simply not working today for the men and women who are serving.

STARR (on camera): Defense Secretary Chuck Hagel ordered the retraining of key personnel involved in sexual assault prevention programs. But with a number of cases of sexual assaults and rapes on the rise in the military, key commanders are acknowledging they do not know what to do to solve the problem.

Barbara Starr, CNN, the Pentagon.

(END VIDEOTAPE)

BANFIELD: The two personnel being investigated, and there is a third as well, we are learning about. This could be the tip of the iceberg. The Defense Department is estimating more than 26,000 cases of unwanted sexual contact among troops last year. That is a huge jump, by the way, 19,300 in 2010. So over a 30 percent jump. I want to bring in criminal defense attorney and a former prosecutor, and JAG as well, who knows about this, Steve Raiser.

First and foremost, I want to make sure people are aware. When we talk about sexual misconduct in the military, it is not all about the female people if uniform.

STEVE RAISER, CRIMINAL DEFENSE ATTORNEY, FORMER PROSECUTOR & JAG: Right.

BANFIELD: This is a problem for men, too. It is about 50 percent or more that are men that make these claims.

RAISER: Absolutely. That's because there are a lot more men in the military then women. Women comprise approximately 15 percent. That would stand to reason why there would be more men reporting these issues. There is a lot of shame involved. You are in a military setting. You are supposed to be tough. You are supposed to be able to take this you are supposed to be able to kick the person, hurt the person, put the person down if he attacks you, are you not supposed to according to military report on them.

BANFIELD: Does a lot stem from hazing?

RAISER: No, that doesn't go on this type of hazing process you'd see in college settings. But this is a situation where I think individuals just get into these situations where they're under the authority of other people and they're taken advantage of sometimes. As we know, there is always a pecking order, sometimes that manifests itself in ugly ways.

BANFIELD: Take me through the imaginations of someone who finds him or her self-in this circumstance. You don't just go to the top guy, the p.m. There is a hierarchy of reporting. It isn't the same if you aren't in the military.

RAISER: The military is treating these as if they are employment issues.

BANFIELD: Part of command.

RAISER: If you're in the civil setting, you are going to go, if you were to have a corollary here, if there were a crime committed against you, you'd go to your supervisors. That is not right. That has to be changed. That's why Congress is addressing this issue. Look, if you have a work-related issue, you go to your supervisors, and that's fine, for internal discipline. Nothing wrong with that. That's where you would go to your commander. If there's a serious crime, you should go outside the chain of command and know you're going to be protected.

BANFIELD: It that likely to change? I can't imagine -- this is under the UCMJ, the Uniform Code of Military Justice.

(CROSSTALK)

RAISER: Right.

BANFIELD: I can't imagine they can rewrite all of that or how one seeks justice if you find yourself a victim of a crime.

RAISER: They don't need to change the UCMJ. All they need to do is create a special prosecutive unit so they can go outside of the --

(CROSSTALK)

BANFIELD: Steve, I'm glad you brought that up because apparently, they've been putting together these special units, and two of the people who have been arrested are in them.

RAISER: That's true, but they were addressing something else. They're there to help victims, counsel victims, give education to the soldiers.

BANFIELD: OK.

RAISER: What I'm talk about here is reporting a crime. When you report a crime, it is considered to be privileged. You do not -- that person that gets that information is not then going to the chain of command. They go to the prosecutor to prosecute the case.

BANFIELD: If you're still in the Fox house, if the culture exists that the people who are there to prevent the culture of sexual harassment aren't doing the job, how can we be certain that those who are pinpointed to be those who handle the criminal aspect of it can be any better?

RAISER: I think you have to put in sanctions for individuals that do not obey the orders of this new system, which would basically mean that there is privileged communications here and it really does have to be secret until it becomes public win those charges are actually brought forward and the individual has to then answer those charges.

BANFIELD: But you're still saying this process has to fall under the military.

RAISER: It is to have to fall under the military. And quite frankly, the military justice system is very good. And in fact a lot of the sexual abuse cases are often handled through the military even when there is jurisdiction between both the civil and the military.

BANFIELD: What kind of rank would these people -- I'd be terrified if I was just an enlisted guy having to report the crime.

RAISER: And that's why Congress is suggesting is you remove it from the chain of command. Your first sergeant is going to be outranked possibly by the assailant. You don't want the pressure on the first sergeant. There will be pressure. But let them go to either the military place, to CID for investigations, or directly to JAG where they can't communicate it to the command and there isn't that pressure to not to report it.

BANFIELD: Then you have the whole marketing of it because if they don't know that, if they don't know that they're safe and it is privileged and that that lieutenant is actually OK, that's a whole other issue.

RAISER: That's exactly right. There is a screening involved there, as well, which needs to be done.

BANFIELD: You will have to come back because we are just at the tip of the iceberg.

(CROSSTALK)

RAISER: Absolutely. I would love to.

BANFIELD: Steve Raiser, always good to see you. Thank you. And of JAG, thank you.

When we come back, how is life behind bars for -- you know, I was just about to say, how is life behind bars for Bernie Madoff, but I may not be able to bring you that story. We'll see if we can after the break.

(COMMERCIAL BREAK)

BANFIELD: We now know that at least 16 different tornadoes touched down on Wednesday night in north Texas. And seven people still remain unaccounted for in that state. Six people were killed in one single neighborhood in Granbury, on the outskirts of Ft. Worth, not far from Dallas. The sheriff there promising that the search for the missing will go on until, quote, "every piece of debris is turned over."

We now have more information on that Canadian mayor story that we were telling you about earlier. The deputy mayor of Toronto spoke out on the report in the "Toronto Star," the newspaper, about a video that allegedly shows the Toronto mayor, Rob Ford, smoking crack cocaine with a Somali drug dealer. Have a listen.

(BEGIN VIDEO CLIP)

DOUG HOLYDAY, TORONTO DEPUTY MAYOR: Well, I don't know what to say at this point. Certainly, we all know that videos can be altered. And we certainly know drug dealers can't be trusted. So I don't know what we're dealing with here. Until we do, I don't have much to say.

(END VIDEO CLIP)

BANFIELD: We're certainly going to bring you updates on that story as they come into us.

And this story in New York. The parents, whose nanny allegedly murdered two of their three children back in October, have some good news to share with the country. They're expecting a baby boy come this fall. Marina and Kevin Krim (ph) made the announcement yesterday. Their former nanny, Juslin Ortega (ph), is accused of stabbing their two children in their apartment in New York City. She has pleaded not guilty. Her next court date is on Tuesday. But just good news finally as they try to sort through what is undoubtedly one of the most difficult situations for a family to endure. That is all for me, but I definitely want to remind you that, on Monday, I'm going to go back to Phoenix to continue our reporting live on the life-or-death penalty phase in the Jodi Arias trial. We'll bring you gavel-to-gavel coverage there as well.

For today, thank you for watching. Have yourself a wonderful weekend. AROUND THE WORLD is coming up next.

(COMMERCIAL BREAK)

SUZANNE MALVEAUX, CNN ANCHOR: Welcome to AROUND THE WORLD. I'm Suzanne Malveaux.

MICHAEL HOLMES, CNN ANCHOR: And I'm Michael Holmes. Thanks for your company today.