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LEGAL VIEW WITH ASHLEIGH BANFIELD

Woman Confronts Sexual Abuser

Aired January 21, 2014 - 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: A California woman says it took her years to muster up enough courage to confront her middle school teacher for sexually abusing her. When 28-year-old Jamie Carrillo did confront her teacher, she did it over the telephone and she decided to roll it and record it. Then, she posted the video on YouTube. Here is a clip of this dramatic phone call.

(BEGIN VIDEO CLIP)

JAMIE CARRILLO, SEXUALLY ABUSED IN SCHOOL (voice-over): So what happens when a student comes in and says that they are having sexual relationship with a teacher?

UNIDENTIFIED TEACHER: (voice-over): That would involve law enforcement.

CARRILLO: How is that any different from what you did when I was in the middle school?

UNIDENTIFIED TEACHER: It's not.

CARRILLO: So why are you excluded from the law? Why did you do that? I was only 12 years old when I met you. Do you realize that you brainwashed me and manipulated me and that what you did was wrong?

UNIDENTIFIED TEACHER: Yes. And I regret it.

CARRILLO: Do you know that I am completely messed up, that I have so many issues because of you?

UNIDENTIFIED TEACHER: I just wanted to help you.

CARRILLO: How is having a sexual relationship with a 12-year-old student helping?

UNIDENTIFIED TEACHER: It wasn't anything that I intended. I don't even know what happened.

CARRILLO: Are you doing this with other students too?

UNIDENTIFIED TEACHER: No.

CARRILLO: Is that how you help them?

UNIDENTIFIED TEACHER: No, not at all.

CARRILLO: You ruined my life. You ruined my childhood. Do you realize that?

No. You sicken me. You sicken me. Every day when I think about what you did, you sicken me. I have kids of my own and I'm the age now that I pretty much met you at and I could never think about doing the things that you did. You should be so ashamed and so disgusted with yourself.

UNIDENTIFIED TEACHER: I am. I am.

CARRILLO: How dare you.

UNIDENTIFIED TEACHER: I regret it every day, every day.

CARRILLO: You are disgusting. Bye.

(END VIDEO CLIP)

BANFIELD: On Monday, she held a news conference. She was joined by her attorney and by her fiancee. In the news conference, she accused her teacher of brainwashing her.

(BEGIN VIDEO CLIP)

CARRILLO: She told me that my family didn't love me. She told me that nobody cared about me and that she was the only one that loved me. She made me believe she was my only friend and that I could trust her.

(END VIDEO CLIP)

BANFIELD: According to our affiliate, KTLA, the accuser says that the teacher actually took her out of town multiple times to have sexual relations with her. According to "The Los Angeles Times," a link to the video was sent to the school that was currently employing that teacher. The school then according to the "L.A. Times," the school then forwarded that link to the police and within hours of the video hitting the internet, that teacher resigned from her job at the school. The school officials who hired the teacher told the "L.A. Times" she had stellar recommendations and she completed a background check. The teacher has not responded to our telephone and e-mail requests for comment. Carrillo's attorney says the teacher was investigated back in 1999 for the abuse but that no criminal charges ever resulted. That is a cornucopia of legal conversation.

I am joined by criminal defense attorney, Heather Hansen.

First of all, this accuser claims the statute of limitations she had discovered had run out. She had no other recourse but to go online and make this accusation on the telephone with the teacher. What's wrong with that?

HEATHER HANSEN, CRIMINAL DEFENSE ATTORNEY: It begs the question as to why there is a statute of limitation in these types of cases. More and more, we're hearing by children that have been molested, whether it is because of repressed memories or relationships like this, which are manipulative, they don't realize the molestation until the statute has run. That's the first problem. The second problem is that this taping of the conversation could lead for problems offer the accuser.

BANFIELD: In certain states, let's be very clear, in certain states, you can't just run a microphone when you are having a conversation with someone if that other party isn't OK with it. California is one of these states.

HANSEN: Exactly. Both parties have to consent for you to tape-record a conversation, to videotape a conversation. If that's not the case, you, the recorder, are susceptible to potential criminal charges.

BANFIELD: What could happen to her? When you look at the circumstances, would any prosecutor say, I think she needs punishing.

HANSEN: Not only would a prosecutor not pursue this, would any injury find her guilty of this. The maximum penalty is a year with a $2,500 fine in California. It does vary by state.

BANFIELD: Now, let's turn the tables towards this teacher. The accused teacher is allegedly heard on tape saying, I regret it. I know. I did these things. But ultimately, is there anything she can face. Is there anything else she could face civilly?

HANSEN: No. The civil statute of limitation is eight years from the time of majority. She is 28.

BANFIELD: That's civil and criminal.

HANSEN: They are different. It is different in every state. It is different depending on the type of sexual relations. It begs the question as to why there is a statute of limitations. There is not one for murder.

BANFIELD: Parentally, there was an investigation in 1999 and this woman not only passed with flying colors, there was no disciplinary action or criminal charges. Then, she gets something called a stellar recommendation to move on. This sounds like what happened in Catholic Church. Is anybody liable for passing what could be very damaged goods, if the accusation is true, into a brand new pool of children?

HANSEN: That's the best lawsuit possible here. She said in one of the reports that she is investigating going after the school district that hired her. The school district from before. If people are handing on bad information, if people are hiring someone without really, really checking on their credentials, this he said that they have but that's something that's going to be subject to discovery, there is going to be a cause of action there. That will not be under the same statute of limitations as the other actions.

BANFIELD: I'm thinking of the people that hired and got stellar recommendations. How on earth were they to know if somebody in the past buried all of this?

HANSEN: They said they had stellar recommendations. You will have to go back and see who did you get those recommendations from and what did they say and how far did you dig?

BANFIELD: Who wants to hire an abuser, honestly?

HANSEN: It is not going to be an intentional act, more negligence. It would be more letting it slip by.

BANFIELD: Do you see this young woman is going to have some kind of relief.

HANSEN: If she has any relief, it is going to be against the school districts.

BANFIELD: It is just so sad to see this all almost play out, I hate to say, live but live to tape like that. Very distressing no matter how you slight it.

Heather Hansen, thanks for coming in.

HANSEN: Pleasure.

BANFIELD: Coming up, Chris Christie is going to begin a second term in a matter of minutes. In fact, he is going to swear in. After the swearing in and all the hoopla and all the flags, what does the governor have to do next to get past the controversy, especially if he wants to run for president? That's coming up.

(COMMERCIAL BREAK)

BANFIELD: We are less than half an hour away from Chris Christie's second swearing-in as New Jersey governor. We have a live picture at the New Jersey War Memorial. New Jersey can be one state and I quote, because we got some excerpts of what he is going to say. Chris Christie won his second term without breaking a sweat effectively. While he may be sweating a bit now, don't expect to hear about the multiple scandals in the inaugural address. Excerpts focus on unity and compromise and common purpose instead of bridges and tourism ads and real estate deals in Hoboken that may or may not have been strong armed. Here is a quote that's coming up minutes from now. One of the lessons that I have learned most acutely over the last to your years Christie says, is that New Jersey can really be one state. This election has taught us that the ways we divide each other, by race, class, ethnicity, wealth, political party, is neither permanent nor necessary. We can not fall victim into the attitude of Washington, D.C., that says I am always right and you are always wrong. Which sounds like, you know, the bullying that we hear about in Washington, D.C., he is suggesting that's not him.

All of this brings me to my college, Jake Tapper, who is anchoring his program from the New Jersey War Memorial.

You got the assignment. It could have been a weather assignment, a politics assignment. You are going to be spared the weather assignment. You are going to have to put up with it. I apologize. It was on outdoor shot for you today. Talk to me. I think I'm going to be doing both weather and politics together. Can you just look ahead for me while everybody sort of winds themselves up in what's happening in the moment and where Chris Christie stands and who has done what and where is the proof. What about the future? What does Chris Christie have to do once he swears in to try to move beyond what's going on right now?

JAKE TAPPER, HOST, THE LEAD: He has to work with the Democratic state Senate and the Democratic legislature in accomplishing some of the things he wants to do. He spoke quite a bit in his state of the state last week about education reform. Today, in his address, his inaugural address, he will also speak against some of the things the Democrats want to do in terms of the size of government. Tax increases to accomplish some of the goals. Beyond that, he is also going to be responsive to the scandals. They are not going away. However much he wants to move pass them, there are questions from the mayor of Hoboken, about the bridge scandal.

Other questions, he is going to have to be forthright in answering all of the questions. Subpoenas are going to go out and members of his administration are going to have to testify under oath before the legislature.

BANFIELD: If I'm in Idaho, Nebraska, Iowa, Ohio, do I really need to know about all those things that Chris Christie needs to accomplish on a local level within his state or do I only laser focus on how he handles the scandal?

TAPPER: I think both are important and both are significant to his leadership, what he is able to accomplish or not accomplish legislatively. There is no president that takes office and doesn't have some scandal or controversy, whether it is President Bush or President Obama. Some people in the White House doing things you wish they hadn't done. How a governor or Senator handles some sort of scandal or controversy on his watch is indicative of how that person will handle it should he or she ever be elected to the White House. I think both are significant. I don't know whether or not these current controversies in Trenton, New Jersey, are going to sandbag his presidential hopes. No matter what, they are a test of his leadership -- Ashleigh?

BANFIELD: I always wonder when someone is swearing in for a presidential term for four years, how do you square a presidential run with quotes like that?

TAPPER: Well, he hasn't decided to run for president. He has said that is not going to be anything he is looking to make a decision about for quite some time. I suspect even more so now with these scandals. He has to see how it all shakes out. He has to see whether his big fund-raisers, his big supporters are going to be with him or not. That's a big question at this point. A lot of those people who are financial backers of his, who tried to get him to run for president in 2012, who were there when he won re-election back in November, they are taking a wait and see attitude. They support him. They want to see how much comes out of this, whether he emerges intact. That's real wily a question for down the line. Is with one of those questions where he will have to make up his mind later.

BANFIELD: Jake, bundle up. You're going to be back at the top of the hour. It is chilly out there. Thanks for being with us at this point in the hour as well. Got some tape coming up for you that is harrowing. A ski trip in Colorado's back country capturing an avalanche as it happens. The dude skis through it. Are you kidding me? Talk about a go pro. Hear about how he survives this and what happens next.

(COMMERCIAL BREAK)

BANFIELD: The sister of American missionary Kenneth Bae is the longest detention in North Korea in recent history. He said in a statement that he had, quote, "committed a serious crime against North Korea." You will remember he has been in prison for 15 months, sentenced to a lengthy sentence.

In an exclusive interview with CNN, Bae's sister, Terri Chung, says the family is terrified about what will happen next after her brother's videotaped statement.

(BEGIN VIDEO CLIP)

TERRI CHUNG, SISTER OF KENNETH BAE: We are very scared for him, and I think we feel the urgency more than ever, which is why we're imploring our leaders, now is the time to bring this man home.

(END VIDEO CLIP)

BANFIELD: Scary as this is for the family, the experts say that these new images of Bae could actually be a positive sign, given North Korea's history of coercing these kinds of confessions right before releasing their captives.

A hearing in South Carolina today could determine if a 14-year-old will get a new trial. 70 years after the state executed him. George Stinney was convicted in the murders of two white girls back in 1944. Look at the mug shot. He's just a kid. 12 white men faced him from the jury and decided his fate after delivering, are you ready, 10 minutes, a death penalty verdict in 10 minutes. The family of the girl still believe he's guilty, but a former cell mate says that is not the story that Stinney told.

(BEGIN VIDEO CLIP)

WILFORD HUNTER, STINNEY'S CELL MATE: He said, Johnnie, I didn't do it. I didn't do it. He said, why would they want to kill me for something I didn't do.

CAROLYN GEDDINGS, MURDER VICTIM'S NIECE: I don't think somebody that was found guilty of murder like he committed should be exonerated for any reason. And with him being gone as long as he's been gone I think it's foolishness.

(END VIDEO CLIP)

BANFIELD: Just to be clear, you cannot execute people under the age of 18 in this country anymore. That's for sure.

Want you to check out some remarkable video of a back country skier caught in an avalanche. Take a look at the snow and the fissures and jumping off the rocks. Everything looks OK at first, but then the snow starts barreling down to his left. How he managed to actually survive this mess that he got himself into.

(BEGIN VIDEO CLIP)

LANCE LIGHT, SKI DIVER: Yeah, I looked over, I saw the entire slab break to the left, and then I realized that I was skiing on the slab. So I just kind of went for it, based on instinct, just tried to straight line over the cliff instead of getting swept over it, and then just immediately looked to deploy my air bag.

(END VIDEO CLIP)

BANFIELD: That's crazy stuff.

The man behind the Oscar-nominated film "The Wolf of Wall Street" says seeing the movie about himself made him sweat. Jordan Belfort spoke to Piers Morgan last night to talk about the film and the crimes he committed while he was a stock broker.

(BEGIN VIDEO CLIP)

JORDAN BELFORT, FORMER STOCK BROKER: I would say 90 percent was legal. In terms of the day-to-day operation, 95, probably. But the five percent was incredibly destructive and disgusting and poisoned everything else.

(END VIDEO CLIP)

BANFIELD: I'll say. Belfort served 22 months of a 4-year sentence for securities fraud and money laundering. He was ordered to pay about $110 million to his victims and has paid back about only $12 million so far. So not quite 10 percent.

One World Trade Center will open by the end of this year. Feast your eyes. There's the outside and now the inside. "CNN MONEY" got a sneak peek inside the building where workers are still building out the main lobby. But the marble is the same from the lobby as the original twin towers. And look at that view, folks. Wow. Just stunning. The top three floors are going to serve as an observation deck. Food and drinks, a small theater will be up there. 55 percent of the office space has already been leased. Spectacular. So if you're coming to New York, make a plan for the end of the year.

Just a couple minutes from now, New Jersey's governor, Chris Christie, is going to take the oath of office for his second term. We're live in Trenton. Watching the dais. He's not there now, but will be shortly. We're back in just a moment.

(COMMERCIAL BREAK)