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Prosecution Wants Teen Jailed; Indian Diplomat Controversy; The Human Factor; Rookie Puts Salary in Trust Fund; Giving Millions Away

Aired December 18, 2013 - 08:30   ET

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


CHRIS CUOMO, CNN ANCHOR: Affluenza, created outrage that this kid is wealthy, he's getting a different brand of justice, a different punishment. The judge said, I feel what I feel. We don't know whether or not - you know, because it's all juvenile, people have to remember this, we don't know what the judge's decision was. We don't know really what's going on. We shouldn't even know this, that the D.A. is going back at this, right, because of the privacy rules. But what do we understand here?

JEAN CASAREZ, CNN CORRESPONDENT: Well, this is what we're understanding, that the Tarrant County district attorney, Fort Worth, Texas, is going to go back to court to ask the judge to reconsider her sentencing decision.

Now, let's look at the facts. The judge sentenced Ethan Couch to four counts of involuntary manslaughter, intoxication manslaughter. Did not sentence him on intoxication assault. So the prosecutor is going to go back in saying, you did not sentence him on the intoxication assault. We ask that you do that.

And from what we're learning, three years is the maximum punishment for that. But I think the defense is going to counter it on the aspects of double jeopardy. You've already sentenced this young man to 10 years' probation and now you're going to change that?

KATE BOLDUAN, CNN ANCHOR: Is this grasping at straws a bit? I mean what's the likelihood that they could be changing this?

CASAREZ: You know, the prosecution obviously wants to make another attempt.

BOLDUAN: Right.

CASAREZ: They wanted 20 years in prison for Ethan Couch.

BOLDUAN: Right.

CASAREZ: They did not get that. So they find this loophole that they may determine it to be so that the judge will change her sentencing order. But we'll have to see what happens. And the next step will be the prosecution will file documents (INAUDIBLE).

BOLDUAN: It's a high bar.

CUOMO: Just so you understand, this is actually fairly convoluted how hard the D.A. is charging here. I'm not saying they shouldn't try. I'm just saying, this is what they're saying, you gave him 10 years. You can't give him 10 years on these two charges. The max is only three. So we want to go at it again. So essentially they're saying that was too much, 10 years' probation.

BOLDUAN: The overcharge.

CUOMO: And then we want to reassess. The problem will be though, is my understanding is, the intoxication assault, those charges are contained in the same petition for adjudication of delinquency.

CASAREZ: Exactly.

CUOMO: So, theoretically, the judge has already ruled on the sum and substance of those.

CASAREZ: Exactly.

BOLDUAN: So then you have the double jeopardy problem.

CASAREZ: Plus you have double jeopardy. You can't be tried, sentence, convicted twice for the same crime.

CUOMO: Right, on those things. And probation is a sentence.

And you also have to remember, something that does bear a little perspective in this, Jean, what's your take on this? It is juvenile court. Juvenile court is very different from regular criminal adjudication in terms of the aims and goals of what you try to do.

CASAREZ: That's right, rehabilitation, that is one of the prime goals when you're talking about a juvenile. Ten years' probation is really not a cake walk when you think about it, because he will be sent to a rehabilitation facility, have no contact with his parents for a couple of years. But in the next 10 years, until he's 26 years old, and you know terms of probation are very, very specific, if he violates that, he'll go to prison for 10 years.

CUOMO: If he doesn't take rehab the right way, they could kick him back into the system and activate his sentence.

CASAREZ: Yes.

CUOMO: But, still, it's that word "affluenza." I would like to know -- we can't because of the privacy - I have a feeling that this judge made her decision on things that go far beyond this one outrageous word and the psychologist themselves.

CASAREZ: I agree.

BOLDUAN: But would it be the outrage factor?

CASAREZ: I agree.

BOLDUAN: Would it still be there if this "affluenza" term didn't come up? I think the outrage might still be there when you (INAUDIBLE) the crime and -

CUOMO: It depends on what it is.

CASAREZ: The term, as you said, came from the psychologist.

BOLDUAN: Right.

CASAREZ: Didn't come from the defense. It came from the psychologist as an understanding to what he did and why he did it.

CUOMO: Right. And drunk drivers almost never get sentences of other manslaughter offenses. If you and I are in a fight and you wind up killing me, you didn't intend to kill me but it's what happens, you get a much different sentence almost all the time than someone who's driving drunk and -

BOLDUAN: Right.

CUOMO: But it's made people really angry. That, obviously, is motivating the D.A.

CASAREZ: And I think Ethan Couch's statement, "I'm Ethan Couch, I can get you out of this," I think that created a lot of outrage for that state of mind.

CUOMO: It reinforced - it reinforced the prejudice. It's no surprise that the D.A.'s trying very hard. Whether or not it's within the system remains to be seen.

CASAREZ: Yes.

CUOMO: Jean, this is not an easy one. Thank you for doing it on short notice.

CASAREZ: Thank you.

BOLDUAN: Thanks, Jean.

CASAREZ: Thanks.

CUOMO: Appreciate it.

Coming up on NEW DAY, on arrest of an Indian diplomat in America is causing an international situation. India is retaliating. We'll tell you what they're doing and what started all of it.

BOLDUAN: Also ahead, saving for a rainy day. The unusual move by an NBA rookie to hold on to his millions to protect his financials. 76er Michael Carter-Williams joins us.

(COMMERCIAL BREAK)

MICHAELA PEREIRA, CNN ANCHOR: Welcome back to NEW DAY.

The arrest and attention of an Indian diplomat in New York City has created a dangerous situation in New Delhi. Let's explain why. The diplomat was taken into custody on charges of visa fraud. The Indian government has now summoned the U.S. ambassador and even removed the security barriers from outside the U.S. embassy there. This is the result of this initial instant in New York. Pamela Brown is here to explain it all.

This is such an international mess now.

PAMELA BROWN, CNN CORRESPONDENT: It really is. You know, this all started last Thursday when this diplomat was arrested and there has been quite a ripple effect, Michaela. Indian officials seem to be more outraged over how she was arrested than why and they're making their fury known in several different ways. Meantime, American officials are acknowledging this diplomatic dispute is a delicate issue.

(BEGIN VIDEOTAPE)

BROWN (voice-over): Watch as police remove the concrete security barriers in front of the U.S. embassy in New Delhi. Newspapers in India reporting the government is behind the anti-U.S. protest. Why? Retaliation sparked by an arrest of this Indian diplomat in New York City, Devyani Khobragade.

According to this criminal complaint, Khobragade, a deputy consul general, severely underpaid her babysitter, only paying her $3.31 an hour, far less than minimum wage. The complaint also alleges the diplomat worked her babysitter far more than the 40 hours per week, allegedly without overtime pay, and then lied about all of this on Visa documents, a violation of U.S. law.

UNIDENTIFIED MALE: My daughter has not done anything wrong. She has nothing to do with the Visa process.

BROWN: State Department diplomatic authority arrested Khobragade last Thursday after she dropped her daughter off at school. She was later strip searched and put in a holding cell with other defendants. Her lawyer says she pleaded not guilty.

DANIEL ARSHACK, DR. KHOBRAGADE'S DEFENSE ATTORNEY: I have every expectation that she will be completely vindicated.

BROWN: Her arrest sparked outrage among Indian officials, some calling her treatment barbaric, one even calling for the partners of gay U.S. diplomats in India to be arrested. The country recently banned gay sex.

YASHWANT SINHA, FORMER INDIAN FINANCE MINISTER: What the government of India can do immediately is to cancel those visas, arrest all these companions, put them behind bars.

BROWN: Indian officials also snubbed U.S. delegates visiting India. One tweeting, "refused to meet the visiting USA delegation in solidarity with our nation."

KAMAL NATH, INDIA'S PARLIAMENTARY AFFAIRS MINISTER: More steps should be taken against the United States until they given an unconditional apology. BROWN: U.S. marshal service officials stand by their strip search procedures, saying they treated the diplomat the same way they treat everyone else.

UNIDENTIFIED FEMALE: Thus far, all indications are that appropriate procedures were followed. But nonetheless, we understand this is a very sensitive issue and we're continuing to review exactly what transpired.

(END VIDEOTAPE)

BROWN: Khobragade's lawyer, Daniel Arshack, told CNN his client is protected from the charges by diplomatic immunity and that he expects a prompt resolution. But a State Department source I communicated with this morning told me, quote, "she does not have diplomatic immunity and she was breaking the law so her limited immunity does not apply."

And that source also adding that the U.S. is talking with India right now, but that there is no negotiation taking place to work out a deal for Khobragade. But we will be keeping an eye on this developing story.

BOLDUAN: Talk about a mess.

BROWN: Yes.

BOLDUAN: Thanks so much, Pamela.

All right, time now for "The Human Factor." One of the players of the Seattle Seahawks is accomplishing something few others have. Dr. Sanjay Gupta has Derrick Coleman's story.

(BEGIN VIDEOTAPE)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT (voice-over): Derrick Coleman is living a boys' dream, playing in the NFL for the top team in the league, the Seattle Seahawks. The dream of making it to the pros began in high school. There, he was ranked the number two fullback in the nation by ESPN. Next stop, UCLA, where he was a running back for four years. And now the 23-year-old is showing his versatility as a fullback for the Seahawks, scoring his first touchdown in the pros earlier this month.

He's gotten this far with lots of hard work and by overcoming something only two other players in the entire NFL have. He is legally deaf, the result of a rare genetic disorder.

DERRICK COLEMAN, SEATTLE SEAHAWKS FULLBACK: Basically I lost my hearing when I was three. I've had hearing aids ever since.

GUPTA: How does he do this? His skull cap keeps his hearing aids in place and?

COLEMAN: I can read lips and I can read lips very well. So what I do is, you know, when I can't hear something, I'll always go and make sure I'm looking at the person, the person, who - you know, the quarterback or whoever, they look at me. Successful people, in my opinion, they always find a way. If you really want to be successful, you have to find a way.

GUPTA: Dr. Sanjay Gupta, CNN reporting.

(END VIDEOTAPE)

BOLDUAN: Wow, that's impressive.

CUOMO: If you want to be successful, you have to find a way. A great lesson and good luck to him.

Coming up on NEW DAY, he's got the moves on the court and NBA rookie Michael Carter-Williams is also showing some impressive financial moves off the court. He's doing something you almost never hear about, he's playing it safe. We'll give you details.

(COMMERCIAL BREAK)

CUOMO: Bad news is, storms are coming. Good news is they're not as bad as the storms that came. Isn't that right Indra Petersons?

PETERSONS: They're just different because they're not going to be as cold. So that's going to be the big key here. Now today, we still have a little bit of the leftover system from yesterday so yes more lake-effect snow and in Maine as that low is trying to exit offshore. You can still see several inches of snow.

But now here comes the story. It is cold in the northeast. It will moderate -- temperatures should come back to near seasonal over the next several days. But in the southeast -- talk about a warm up, temperatures are really going to be soaring here to well above normal, almost near 70 degrees.

That is key because here come these next systems out there. First one, yes, into the Midwest we could be seeing some light snow showers, into the northeast some rain by Friday but it is the second one I really want you to pay attention to. Today is great. It's bringing some rain into southern California where they need it especially around Big Sur and central California. They should give some relief for firefighters there.

Otherwise, notice as it makes its way across you have all that warm air I mentioned in the southeast. We have a cold system coming up against a warm system. With that you're going to be talking about the threat for severe weather. So Kentucky back down through Texas you have a severe weather threat on Saturday in through Sunday. There's some shift to the east, you're talking about really into the Carolinas and the Panhandle there around Florida and also right around the gulf.

So that's going to be the story. We're going from these big huge cold snow systems to some of these warmer systems with severe weather. Little bit of temperature change, changes a lot.

BOLDUAN: Yes, exactly.

CUOMO: So the lungs are the real place to look out for.

PETERSONS: Just look for the big red blob. If you're in that, watch out, yes.

CUOMO: The lungs.

BOLDUAN: That's why you need to see a doctor.

CUOMO: Meteorology term, lungs.

PETERSONS: Lungs -- I'll tell you that.

BOLDUAN: Good to know. Don't claim that. Thanks, Indra.

All right guys, Michael Carter-Williams from the Philadelphia 76ers is joining us live. And you know what that means, of course. We have to go to the couch.

CUOMO: Sure. He's too tall for the desk.

(COMMERCIAL BREAK)

PEREIRA: -- doesn't it?

CUOMO: Real actual poison. Where do you even buy poison? Wolf's the best.

BOLDUAN: I love a good Wolf deadpan.

CUOMO: All right. NBA point guard Michael Carter-Williams, he is long and strong this guy. Tough to stop on the court, in contention for Rookie of the Year but we're praising him for a different reason.

Why? The 22-year-old Carter-Williams did something unexpected. Here's what he did. He put part of his salary in a trust that he can't touch for three years. Why such a smart move? We should note on average 60 percent of NBA players declare bankruptcy after retirement. Keep that in mind.

Michael Carter-Williams joins us live from Philadelphia. We couldn't have you on set because you got the games coming up and you're too tall and I didn't want you here. So tell us --

MICHAEL CARTER-WILLIAMS, PHILADELPHIA 76ERS: How are you doing?

PEREIRA: We're good.

CUOMO: First of all congratulations on a phenomenal season so far. You're doing every -- I'm sure you're living the dream. Tell us how this came to be?

CARTER-WILLIAMS: Thank you first off. And this first came to be definitely a big team discussion. I think with my family and my academic adviser, who I've known since, for a while now. We all got together and they came up with the idea and I couldn't agree more. You know, I still have my freedom to spend some money with my Nike contract and my Panini contract and I'm not a real big spender anyway, so I'm really concerned about saving my money and trying to save it for the long run. And it was a great idea and my mom actually, she does this for a living.

She has her own company called Carter and Tracy incorporated, and she helps young athletes get started and whether it's dealing with housing or dealing with their money. And I know she always has best interests in me, not only because I'm her son, but because of what she does for her job.

BOLDUAN: You know, a lot of rookies might talk about this as being a good idea but actually going through with it is a completely -- I mean it's clearly an unusual step. We want to talk to you about it. What are your teammates saying about it? What do they think?

CARTER-WILLIAMS: They didn't know for a while. When everyone else found out when it went public that's when they really found out. Lot of people say they do it and they don't do it because they see their other teammates spending a lot of money and going places.

I got some great advice from veterans who have been in the NBA and they always told me don't try to keep up with the Joneses. Go at your pace and save your money and once you have it and you have some saved, then you can spend a little bit, because you do work really hard for it.

PEREIRA: You sure do.

CARTER-WILLIAMS: I'm not -- so I'm just trying to save it and then spend a little bit when I have some money in the bank.

PEREIRA: Let's talk about that. I can imagine this was a conversation that was going on for a while. They knew you had some skills as a young man, so I imagine this foundation has been set. I'm curious why you chose the three years. Are you going to reevaluate that plan after the three years and further work on your portfolio? You don't have to give me all your insight on all your secrets but what are you thinking?

CARTER-WILLIAMS: Yes definitely. I think after three years I'll re- evaluate what I saved and my contract after three years is up then, and just to see how much money I was able to save through those three years can determine the next how many years of my life.

I think if I do a good job spending -- if I do a good job with managing my money for these three years, I think I'll be able to do a better job managing my money after that. And if I slip up or if I spend too much money, then I'll learn my lesson for those years, but limiting that chance of me slipping up is the best thing I can do for myself.

PEREIRA: Well, we've seen it happen.

CUOMO: Absolutely. It happens too often. That's why it's smart. So you're using your head, you're also using your heart. Tell us about how important Special Olympics are to you, the big event coming up. What are we doing?

CARTER-WILLIAMS: It's really special to me. It's been like that since I was young. My mom, one of her best friend's son has Down's Syndrome and he was really into sports and things like that, and he actually used to live with us so he was outside in my backyard all the time when I was playing sports. And it was just a great thing to see and to see how much passion people who are in the Special Olympics have.

And they love the game and have passion for it, just as much as we do, and they work really hard. And so for me to be involved in that is something that I definitely want to do, and it's something that I'm proud of.

PEREIRA: We're proud of you. Boy, are we.

CUOMO: Yes. Thank you for doing that. Thanks for giving us the insight into the smart way to deal with these big contracts and good luck to you, except against the Knicks.

PEREIRA: Ha, ha. Maybe some of the other guys in the NBA, the rookies in the NBA will get the hint, too, and do the same thing.

BOLDUAN: Thanks Michael.

PEREIRA: Right?

CUOMO: Yes. Appreciate having you on.

CARTER-WILLIAMS: Thanks.

CUOMO: Coming up on the show here -- we'll take a break. I don't want him to come after me -- basketball.

Today is a very lucky day for those mega millions winners. Now imagine -- what if they gave the money away, crazy, right? We're going to introduce you to someone who did just that. You know what it is because it's on your screen -- "The Good Stuff".

(COMMERCIAL BREAK)

CUOMO: Red Hot Chili Peppers for you for "The Good Stuff" and those mega millions winners we haven't met yet. I don't even know what I'm saying.

We haven't got to meet the people who won the lottery yet but now we want to talk about somebody who is a winner in more than one way. Back in My Canadian Tom Crist -- yes Canadian -- he won $40 million in the lotto jackpot. But get this, he told no one.

When he finally dropped the news just this week, he had an ever bigger surprise. He's giving away all of the money to charity in honor of his wife who died two years ago from cancer. Tom spoke with our affiliate by phone. Here's what he had to say. (BEGIN AUDIO CLIP)

TOM CRIST, LOTTERY WINNER: She'd be 100 percent behind it. That's who she was. She was a very giving person. You can ask anybody that knows her, any of her friends. That's just who she was. And she made me a better person, there's no doubt about it. She'd be ecstatic with this announcement. I know that for sure.

(END AUDIO CLIP)

CUOMO: Not ridiculously wealthy but he says he's done well enough, doesn't need any more. He says even his kids are okay with it. They'll eventually be in charge of the fund being set up in their mother's honor. That is the good stuff.

PEREIRA: He raised his kids right.

BOLDUAN: That is beautiful. $40 million --

CUOMO: He's the good stuff --

BOLDUAN: Good job, Tom.

CUOMO: Yes. Lot of news as well. Let's get you to "THE NEWSROOM" with Carol Costello.

CAROL COSTELLO, CNN ANCHOR: Thanks, you all have a great day.

"NEWSROOM" starts now.

Good morning. Thanks so much for joining me. I'm Carol Costello.

The holidays are going to be much richer this year -- richer, that is, if you're holding one of the two winning mega millions tickets. They'll split $636 million, the winning numbers 8, 14, 17, 20, 39, the mega ball was 7.

Ticket sales leading up to last night's drawing not surprising were brisk. In Florida tickets sold -- at one point sold at a rate of 8,000 per minute. But with astronomical odds only two of those tickets were winners -- one in Atlanta, the other in San Jose, California.

CNN's Martin Savidge is live in Atlanta. So Martin the store owner didn't know she sold the winning ticket until she turned on her TV on CNN?

MARTIN SAVIDGE, CNN CORRESPONDENT: Exactly right, Carol. Good morning to you.