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LEGAL VIEW WITH ASHLEIGH BANFIELD

Texas Police Officer Suspended After Weekend Pool Party Incident; Grand Jury Decides To Indict Police Officer Michael Slager For Walter Scott's Shooting; Oscar Pistorious Could Be Released From Prison In August After Serving Fraction Of Five-Year Sentence. Aired 12:30-1p ET

Aired June 8, 2015 - 12:30   ET

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


[12:30:00] PHIL HOLLOWAY, CNN LEGAL ANALYST: -- into the idea of community-oriented policing and get away from this us against them idea.

ASHLEIGH BANFIELD, CNN HOST: And what about just the 911 calls, because clearly that was made. There was some report made to the police, Harry. Will that help to shed light on what was on the mindset of the officer? I'm just trying to think if there's anything that could've set that particular officer off other than just being completely renegade?

HARRY HOUCK, CNN LAW ENFORCEMENT ANALYST: I don't know what it is because as far as -- you know, I've been reading the 911 call was basically there was a group of kids out of control, there might have been a fight and that's basically -- when you roll up on a scene like that, you can see what's going on, you see kids who are already starting to disperse, other officers around the scene.

So, what why that officer acted that way? I really can't tell you. But I can tell you one thing, you know, it was definitely wrong in the way you handle the situation.

BANFIELD: I mean 14-year-old girl in a bikini have dangerous...

HOUCK: Right.

BANFIELD: ... could she be. Even if she were mouthy for having fake...

HOUCK: And like you said kids are mouthy.

BANFIELD: Kids are mouthy, yes.

HOUCK: Right.

BANFIELD: But my God, how terrifying to have a gun being pulled at this time.

HOUCK: Yeah.

BANFIELD: You know, this pool party.

Phil Holloway, good to see you. Thank you for that.

HOLLOWAY: Thank you.

BANFIELD: Harry Houck, as always thank you. Appreciate you for coming in.

HOUCK: Thank you.

BANFIELD: And also just want to let you know that the NAACP is involved in this. And what happens now with regard to that? One of the local leaders is going to talk with us because they've been meeting with the police about this, in fact, just this hour.

So, we're going to get the group's president to weigh in on this and to tell us where this goes from here.

(COMMERCIAL BREAK)

[12:35:03] BANFIELD: A Texas police officer in now suspended and under investigation following an incident at a weekend pool party that as you see, once again, caught on camera.

He is being accused of using excessive force after throwing a 14-year- old girl who was wearing just a bikini to the ground and then also drawing his weapon on others who came around behind him. The officer was responding to a call about unruly teenagers at the pool party.

Joining me now is the president of the NAACP Texas Chapter, Gary Bledsoe. NAACP leaders we should say are set to be meeting with those law enforcement officials this hour in McKinney, Texas.

And Gary, I should ask if you've had that meeting already or are you still on your way?

GARY BLEDSOE, PRESIDENT, NAACP TEXAS: Starts in five minutes.

BANFIELD: Well, I will be quick then but I'll get right to the point.

BLEDSOE: Sure.

BANFIELD: I wanted to ask you a part from the visual that the video provides us which -- is that it looks like the majority of the kids, not all of them, but the majority of the kids are black. And the particular officer in question and one other on the video are white. What makes this an issue for the NAACP?

BLEDSOE: Well, we clearly to see in humane treatment towards the young people. And the young people are primarily minorities that were being mistreated. And this is -- the police issue isn't issue of national concern at this point in time. So clearly, we think that this is an issue that requires the NAACP to be involved. Our national office is very concerned about this. We've had number of conference calls with me over the past 24 hours. And so, they understand and recognize that as well.

And so I think that all the forces of NAACP are coming together, the state conference in Texas, the Dallas-Fort Worth area units, and our Youth and College division because this does involved young people. So we've all come together.

And understand and recognize when we looked that video, that video, you know, raises many, many concerns for us. And we just really -- are concerned about those young people because those are the children of people in our community, and we're very concerned about how they treated.

BANFIELD: It is true. And I don't disagree with you that it's -- there's no way to slice this as other than trouble someone -- 14-year- old girl wearing only a bikini is tossed to the ground and held down in here, and her face is put down into the ground.

But I look at here as a 14-year-old girl. And I'm not sure where the racial issue comes in. Other than just the fact that she happens to be black and I'm wondering if you have additional knowledge that injects race into this, because otherwise if it were a white 14-year- old girl, it would just be unruly teen perhaps being treated badly which is bad enough.

BLEDSOE: Well, sometimes we don't have the perfect example. One has to look at the conduct of the officer to try to analyze and see if race is indeed an issue. And I think that the way the young lady's head was forced into the ground with more than one occasion. And I think that the way that individuals were being forced to sit down.

And if you notice the interplay between the officer and individuals who was there, you can see they're seemed to be a racial component of what was actually occurring.

But now we're wanting to get all the facts and we're wanting to find out if there is any explanation for what was done. But what we have determined is that the preliminary to look at all the data indicates to us that this is clearly inhumane treatment and clearly we think race is involved. We don't think there's a question about that. But we want to hear differently. They may have an explanation that suggest otherwise.

But if you look at the tape...

BANFIELD: And I do want to ask...

BLENDSOE: ... and you look at the video, you'll see...

BANFIELD: So I've done that. I have done that. And I'll be honest with you, Mr. Bledsoe, I'll be honest with you, I watched the entire tape start to finish and I did it many times with the volume up as high as possible, I rewind it certain areas listening for anything that might lead to a racial implication, and I couldn't get anything other than the kids themselves using some racial apatheist between them, but nothing in terms of the officers, yes, bad language, and yes strident behavior. But again, I'm not -- I just can't understand yet whether race was indeed an incident for this officer in question.

BLEDSOE: Well, I think you're looking for the wrong information. It's very clear to me that when you treat people with -- those are difference in treatment for the people who were there that by itself suggested clearly race was the concern.

And I think that number two when we look at how the young lady was handled and we look at the race difference there, that's one of those things if you look at in the law for example. The law says for example if you have an Anglo that mistreats an African American that you may have a prime official case that race is involved. And then they have the obligation with coming up with some other explanation for what...

[12:40:07] BANFIELD: Yeah.

BLEDSOE: ... things have had happened. We think the threshold requirements are indeed met here. But beyond the threshold requirements by just the treatment of the young lady, we have a clear situation here when you look and see when else have marches up and down and talks individuals of color up and down that lawn area you can see who the invective is directed towards.

BANFIELD: We'll I think my only issue is that Gary it's directed -- we'll I'm not so sure that's why I want to get into the heart of this because I can only see the one angle. I don't know what's happening on the other end of the street where there were also dozens of kids.

And I saw a lots of white kids as we'll in bathing suits running and being probably bad and not listening to officers. And I don't know that they were sworn at behind this particular lens of this camera. So, you know, have you heard anything about the genesis of this because there -- it is on fire on the internet.

Everyone seeming to think they know best what happened in McKinney Texas, even though they might be in California or Mane. And I just want to know what there genesis that actually sparked the racial discussion other than the video that you're seeing?

BLESOE: We'll I think there was a genesis, I think there was a fight, I think it was a fight that might have been fight involved in people of different races.

I think there were things that were involved. But that's irrelevant to what happened to the young lady in those people on the lawn, because it doesn't matter whether there were someone who's at a party who didn't -- that wasn't invited to the party, anything along those lines.

When we approach individuals who -- or should be approached by law enforcement in this country and then the state, they should be treated in certain way. And so it's -- with that regard in what happen, you can try to mix those issues up and suggest there's a problem with that conduct that justifies the conduct later. But it doesn't, you know, there are certain guidelines that you have when you approach people, when you engage people, when you decide to tell them that they need to take certain action.

BANFIELD: Yeah. BLESOE: And if that doesn't happen in the right way, then there's a problem. And what we're saying here is without regard to any of that there's no -- and this waiting was not a threat, she's obviously frightened and there was no need to use that force for what we can see, we want to hear what the explanation is, if there is any. But we see the young ladies head being slammed in the ground.

We knees placed in her back, we see young people who see her being treated in the way that she is. And when they approach a gun is drawn. That's clearly dangerous and is a great concern, I don't think law enforcement really need to be drawing guns on young people under circumstances where people lives are not threatened.

And I think you can make it too difficult to try to prove race, because race is clearly a component to here. And if you want to have your standard, but if you want to have your standard it's going to be impossible to prove race. If you got to use racial invective before you can say to someone --

BANFIELD: No, I think that's no it, I think my standard is that I want to be the fly on the wall, before I make a judgment from a set of a video that I've seen, that race was the factor. And I would really, really wish I could be in that meeting with you. But can I invite you back on the program tomorrow, so that we can describe whatever you are able to...

BLESOE: Absolutely, but now we're investigating is what I indicated to you.

We want to hear what explanation there is, they may come up with some explanation, of that may sound legitimate to us.

We cannot see the potential possession explanation. But we always keep an open mind, so that we can do a diligent and fair investigation to make sure that we come out with all the facts.

BANFIELD: I'm absolutely keeping the open mind because I'm sitting up here in New York and I am in no shoes to be judging anyone other than no 14 year old girl should have a police officer in of -- wearing a bikini, should a police officer with his knees on her back in that respect

It just -- it was awful to see it, but I looked to the report as a 14 year old girl being mistreated before I looked at the race issues. So I'm looking forward to having this conversation with you after your meeting, you'll do that?

BLESOE: Yes or what I might do is, I'm not actually in the meeting, the meeting is taking place, maybe we'll get someone who's actually in the meeting to have a discussion because there maybe more, more valuable to you.

BANFIELD: That's perfect Gary Blesoe, I really appreciate you taking your time to speak with us, I think it's a good debate and a robust debate, it needs to happen and I think we need to get to the bottom of this thank you sir. BLESOE: Ms. Banfield, thank you very much, you have a good day. You take care.

BANFIELD: You too, coming up next, grand jury takes up the death of the South Carolina man, who shot in the back by a North Charleston police officer, you saw the killing on video.

You will now hear what this officer is going to face in court.

[12:44:57] (COMMERCIAL BREAK)

BANFIELD: Something breaking news to report on that case of the unarmed South Carolina black man, Walter Scott, who was shot to death in the back by an ex-North Charleston police officer named Michael Slager.

A grand jury there has decided to indict that officer for murder.

You may recall this April 4th widely circulated video taken by a bystander with a phone showing Mr. Scott attempting to run with his back to officer Slager.

Officer Slager is just few yards away, fires a total of eight times.

CNN's National Correspondent Suzanne Malveaux within our Washington Bureau with reactions to the indictment. Suzanne?

SUZANNE MALVEAUX, CNN NATIONAL CORRESPONDENT: So, Ashleigh, this indictment, unlike the other cases we've seen involving this police shooting, it was expected. And the reason why, well, you saw the video that went viral showing the incident just a few days later and also the fact that Officer Michael Slager has been sitting in jail ever since having been quickly fired from the department, arrested and charged with murder back in April.

So to remind our viewers, it was the cellphone video recorded by someone just passing by showed Walter Scott who'd initially been pulled over by Slager for a faulty break like running away from Slager and alleged tassels supposedly over Slager's Taser gun, but this video showing that Slager fired his gun eight times, five of which hits Scott, who's pronounced dead at the scene.

Now according to North Charleston Police Department report Scott did not comply with Slager's demand and had tried to grab Slager's Taser gun out.

[12:50:02] Reaction now from all sides it was very, very swift today. This is from Chris Stewart. He is representing the family of Walter Scott.

(BEGIN VIDEO CLIP)

CHRIS STEWART, WALTER SCOTT FAMILY ATTORNEY: And today was just an example that if you just keep the faith even in the darkest times, you'll see the light. But this is just step one. We're going to patiently wait for the criminal trial in case. And the family is going to patiently wait to see if the city and police department and the chief is going to take responsibility in the civil suit because its entire situation never should've occurred without Slager.

But it's just about keeping the faith the community have done that, the family have done that. And we're going to continue to that until the resolution of both the criminal case the civil case.

(END VIDEO CLIP)

MALVEAUX: Slager's Attorney Andy Savage also is responding this morning in a statement saying here in part. "We have yet to be provided with the discovery that is the state's investigation material that we requested some time ago so we remain at a disadvantage in addressing any questions at this time. The grand jury is a formal step, but just another step in the criminal process.

As you know Ashleigh Walter Scott he was a 50 year old father of four who is death spark peaceful protest in North Charleston but his case being very closely followed like many of the others regarding police shootings of black man around the country Ashleigh.

BANFIELD: That is a very difficult case to fight with that video it is what in the business you called the bad fact with that officer.

Suzanne, thank you for that.

Coming up next, Oscar Pistorius the Olympic runner sentenced to five years for killing his girlfriend.

So it may come as a surprise that, there's a pretty good chance he's going to go free in just a couple of months, why is that?

(COMMERCIAL BREAK)

BANFIELD: For convicted killer and Olympic Sprinter Oscar Pistorius the finish line maybe very much within sight.

Pistorius could be released from prison in late August, this after just serving a fraction of his five year sentence.

Last September you'll remember he found guilty of culpable homicide in the shooting death of his girlfriend Reeva Steenkamp a South African model and T.V. star.

Joining me is CNN's Robyn Kriel in Johannesburg.

Robyn what is this all about it seems offly quick to have a release already.

ROBYN KRIEL, CNN EAST AFRICA CORRESPONDENT: It's no real surprise Ashleigh to the legal community here who I've spoken to throughout the day, who tell me that the sentence had to down by the judge, over Judge Masipa overlooking this case back to last year. [12:55:01] It was a combination sentence. He was only due if of course he behaved himself in the prison to get out in 10 months. So one set (ph) of a sentence served in prison and then the combination sentence because he is being -- he's going to be in the house arrest for the remainder of his five year sentencing.

But it's still causing a major outcry here in South Africa obviously if someone convicted for a couple of homicide of getting away, getting out so fast. In fact -- and I'll read you some of the portion of a letter that was written by the Steenkamp family the victim's family asking the parole aboard not to release him.

And say we have forgiven Mr. Pistorius for taking our precious daughter's life. However proven upon guilty of a crime must be held accountable for their actions and statistic show our societies under a constant attack from criminals and murderers.

So they already has been quite a polarized reaction to this here on the ground Johannesburg.

BANFIELD: All right, Robyn Kriel reporting live for us Johannesburg. Thank you for that. And thank you everyone for watching as well.

Please stay tuned my colleague Wolf Blitzer starts right after this quick break.

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