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LEGAL VIEW WITH ASHLEIGH BANFIELD

Natural Gas Leak in California Detailed; Obama Gun Townhall Reviewed; Florida Hospital Death Case. Aired 12:30-1p ET

Aired January 8, 2016 - 12:30   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: -- fully stop. Families of natural gas leak.

[12:30:03] It was first detected back in October, but this could take until March to actually stop. Families have been reporting profuse nosebleeds and headaches and nausea and respiratory problems, and they have had to move. But the gas company so. Cal Gas says the smell doesn't pose a threat. That's not settling well with the 2,000 some households that have had to get up and move away with this mess, and it is not settling well with Erin Brockovich either. You know her because she's a consumer advocate and environmental activist who rose to fame when she fought another natural gas company over water pollution back in the '90s. Her story was made into a future film.

Erin, thank you so much for joining me live now from Los Angeles. I just want to catch your reaction to the Feds saying, it's all good. You're OK. You'll be fine. It's not going to poison you and the people who are reporting these horrible side effects, the schools that have been closed and the houses that are empty.

ERIN BROCKOVICH, CONSUMER ADVOCATE AND ENVIRONMENTAL ACTIVIST: That was certainly very frustrating to me, to us. It's much more frustrating to the residents, and it's a message, you know, these people just want to know the truth. And it's gas. There are compounds and chemicals in there that can hurt you and they have to deal with the situation where their health is affected, you know, animals are starting to die, and they continue to tell you it won't hurt you, yet the schools have moved, yet Southern Cal Gas will relocate you, and so it's a very conflicting message. And so they're experiencing it real time.

We've been up there, and when you go up there you will get sick so it's an argument that's certainly very frustrating and one that is very confusing to the community, and they know what is going on, and it can harm you, and it is making them sick. They are relocating them, so stop saying that and let's just get to the task at hand. This is leak stop that has been going and it is an ongoing assault to this community month after month after month after month.

BANFIELD: So the So. Cal Gas folks have released a statement, and I wan to read in part what it says, Erin. It says the well is located in an isolated mountain area more than a mile away from and more than 1,200 feet higher than the closest home or public area. They go on to say scientists agree natural gas is not toxic, and that its odorant is harmless at the minute levels at which it is added to natural gas. I know you actually don't live too far from the houses that we are seeing on the screen right now, so I'm going to ask you not only as an advocate, but now as a resident, what that statement says to you.

BROCKOVICH: Very frustrating, and they are looking at ways to avoid what is their standard of duty, and their standard of care that they should have as an oil and gas industry, and they're trying to get out on something.

First of all, to date, this leak has released 187 million pounds of methane into the atmosphere so that is in a definite. It's not going to be contained. This is definitely coming out of these canyons through the wind into these neighborhoods but by the time they get this resolved, we could be looking at 500, 600, 700 million pounds of methane being released.

Let's talk about the fact that this community is living on top of the second largest natural gas reserve in California where we've got 5.5 billion cubic feet of gas under there, under pressure. We have a situation where this company has not been forthwith with this community. They are clearly a sensitive receptor. They absolutely can see them there. They have not been informed of anything and they are very, very concerned, and so it's just another statement in my opinion that is going to be CYA and they have not been truthful.

We have a situation where they removed a safety valve in 1979 that could have prevented this, and never replaced it. We are learning now that they knew that this well was critical not only a year ago, but five years ago. So what it is that they didn't see. I'm not certain, but they have put thousands of people and the environment at very high risk, and that's the problem.

BANFIELD: Well I hope you'll join us again as we continue to cover this, because those images, thank god, this is not a smell-a-vision, they are disgusting and we're very concerned about those people as well. Erin thanks a lot. I appreciate it.

BROCKOVICH: Thank you.

BANFIELD: Back right after this.

(COMMERICAL BREAK)

[12:37:56] BANFIELD: You know, it's one thing to introduce policy changes when you are in the confines of the White House, but it is quite another to face people who do not work for you, who may not agree with you, and who are not afraid to ask pointed questions. And such was the case on CNN's Town Hall on gun violence coming two days after President Obama unveiled relatively modest and incremental gun reforms that he is able to make without congressional approval.

The audience that you are seeing on the screen there was made up of the supporters and the critics, beginning with Taya Kyle, the widow of the slain American sniper, Chris Kyle.

(BEGIN VIDEO CLIP) TAYA KYLE, WIDOW OF CHRIS KYLE: The laws that we create don't stop these horrific things from happening, right? And that's a very tough pill to swallow. We want to think that we can make a law and people will follow it, but by the nature of their crime, they are not following it, by the very nature of looking at the people who hurt our loved ones here, I don't know that any of them would have been stopped by the background check.

BARACK OBAMA, UNITED STATES'PRESIDENT: Some criminals will get their hands on the firearms even if there's a background check. Somebody may lie on the form. Somebody will intend to commit a crime, but they don't have a record that shows up on the background check system. But in the same way that we don't eliminate all traffic accidents, but over the course of 20 years, traffic accidents get lower. There are still tragedies. There are still drunk drivers. There are still people who don't wear their seat belts, but over time, that violence is reduced and so families are spared. That's the same thing that we can do with gun ownership. Crime is always going to be with us. So I think it's really important for us not to suggest that if we can't solve every crime, we shouldn't try to solve any crimes.

KIMBERLY CORBAN, RAPE SURVIVOR: I have been unspeakably victimized once already, and I refused to let that happen against myself or my kids. So why can't your administration see that these restrictions that you're putting in to make it harder for me to own a gun or harder for me to take that where I need to be is actually just making my kids and I less safe.

OBAMA: There is nothing that we have proposed that would make it harder for you to purchase a firearm. And now, you maybe referring to issues like concealed carry, but those tend to be State by State decisions, and we're not making any proposals with respect to what States are doing.

(END VIDEO CLIP)

BANFIELD: The president also said that he welcomed a face-to-face debate with the NRA whose headquarters is in the same Virginia City of last night's event. For its part, the nation's largest gun lobby tweeted this, "The president does not want an intellectually honest discussion. He wanted the NRA to be an audience member at his P.R. stunt. No thanks."

I want to discuss further with Bernice King. You know her. She is the daughter of Civil Rights icon Dr. Martin Luther King Jr. You have been a proponent of continuing your father's message of nonviolence especially when talking about guns and I know you were watching the president last night, Ms. King. Did you feel like his message was on point, or did it go far enough? Was it too far and I want to get your take on it?

BERNICE KING, DAUGHTER OF MARTIN LUTHER KING JR.: No I don't think it went too far. You know, I think it is what it is. I think he handled himself very well with the questions that he was asked. This is a difficult issue, because people there are people on all sides of the issue, and people are in fear of their life, and that's real. However, I think it's important that we understand, we have to take a multi-faceted approach to all of this. And might even after we put all of the regulations in place, the fact of the matter is, there are still guns in our society. There are still people who will use them wrongly, and so we have to create another climate, and the culture and that's the work that I'm involved in with my father's nonviolence philosophy and methodology which we call Nonviolence 365.

BANFIELD: So and I am glad you said that, because I constantly try to put myself in the shoes of people like Kimberly Corbin who is the rape victim who so bravely looked at the president and said, if you take my gun away, you lead me and my children less safe, so how do we square her needs with your desire for nonviolence to face what we know are very violent people out there?

KING: Well, I think you have to run parallel of tracks. I mean people should have a right if that's what they choose to purchase guns. I think we should put a limit on the number of guns that people are allowed to purchase. Because I mean, how many guns do you really need? But with that being said, I think you also have to begin the shift and change the culture.

The fact that the matter with violence has been with us since the beginning of time, but it has escalated and we have to find a way to de-escalate the violence, and what triggers the violence, what is bringing on the violence, and so if we create more of a nonviolent culture, they are the less of an opportunity, and less of a desire for anyone to even use their weapons.

BANFIELD: Can I ask you with the -- the president invoked the words of your father last night, the urgency of now. And I want to get your perspective as we -- well, it was not last night, I think it was when he made the announcement last week, but I wanted to get your perspective as we approach the significant holiday weekend in honor of your father about how those words from him resonate in today's world. This is a very different world today than it was then.

KING: Well I do think that there's urgency now so with so there are so many different issues and that's one of the reasons and tomorrow we're having conversation called the race factor, and rights versus responsibilities at the King Center here in Atlanta, Georgia, starting 10:30, because these are very pressing issues that we've got to begin to be honest about, and have frank discussion with some ground rules of course. But we cannot continue to avoid it. And we are in a crises state and I'm afraid for the lives and the future of our young people. And so, you know, I think all of us need to really look within, and see what is it that we need to be doing now that shift and change our culture.

BANFIELD: And Bernice King, it is an honor to talk to you. Thanks so much for being part of the show today.

KING: Thank you.

BANFIELD: And also coming up on the next hour here on CNN. The president of the American Firearms Retailers Association is going to react to President Obama's executive action on guns. In case you missed it, you can watch President OBama's entire Town Hall. It was hosted by my colleague Anderson Cooper as they talk about guns in America. We're reairing tonight at 9:00 P.M. right here on CNN.

(COMMERCIAL BREAK)

[12:47:51] BANFIELD: One family is upset and considering legal action after the death of a woman who was ordered to leave a Florida hospital.

I want to walk you through what happened to Barbara Dawson. She went to the hospital complaining of abdominal pains. She was examined by the staff there. And then she was discharged they said her signs were fine, but she refused to leave.

And after she refused to leave several times, the hospital called the police. The police came in to remove her, but as they did so, she collapsed in the parking lot. The dash cam audio captures the hospital staff and the arresting officer talking to Ms. Dawson as she lay on the ground.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Ms. Dawson? You're going to jail, OK.

UNIDENTIFIED FEMALE: For somebody who can breathe -- that can't breathe without the oxygen, you're putting it off that much longer.

UNIDENTIFIED MALE: So the best thing, the easiest thing to do is for me to just comply with us and get in the vehicle.

We gave you every opportunity. We're trying to be as nice as we can. We surely don't want to hurt you. But you are going to go to jail one way or another, OK? So either you can help us and help yourself or we can do it the hard way.

(END VIDEO CLIP)

BANFIELD: Ms. Dawson would eventually be brought back into the hospital. But she died. And she died just a short time afterwards, too.

The medical examiner says the cause of her death was a blood clot in her lungs.

The officer in the case says he thought that Ms. Dawson was faking it. In the meantime, the hospital had this to say, "A pulmonary embolism is often immediate and fatal, and it is difficult to detect and can be impossible to the treat."

Ms. Dawson's family attorney Daryl Parks is live with me now from Tallahassee, Florida, and he is seated beside Martha Smith Dickson who's a close relative of the Dawson family.

Thanks so much to both of you for being with me. Ms. Smith Dickson, if I can ask you, first I know you spoke with your aunt as she was on the way to the hospital for the abdominal pain. But I want you to take me now through what your family is going through after having seeing this video and hearing these reports?

[12:50:02] MARTHA SMITH DICKSON, CLOSE RELATIVE OF THE DAWSON FAMILY: Well, I really can't explain the hurt and disappointment on their faces. We are so upset. We're so -- I mean, we're just hurt. I guess, it's hard to explain. I mean, they're not getting any sleep at night, I mean they're crying constantly. And they just so disappointed in the hospital staff and the police department in Blountstown Florida because the hospital is supposed to save lives. The police department is supposed to pr protect and serve.

None of this was done for Barbara. All Barbara's rights were taken away when she died and collapsed out there by the police car.

BANFIELD: Mr. Parks, I'd like to ask you about what's next?

I know that there was talk yesterday, you met with the family members, will there be civil action filed? And if so, will it be against the hospital or the police department or both? Any additional players?

DARYL PARKS, DAWSON FAMILY ATTORNEY: Well, Ashleigh, I think you have an interesting situation here where both of the parties, both the hospital and the police department both played a role in this situation, and without question, both professionals totally did not properly manage the situation that they found themselves in.

Obviously, the hospital should not have tried to kick her out, since she was sick and totally she was sick. But also once the policeman came, he didn't have to just do what the hospital told him to do. He should have also managed the situation to determine what would be best.

There comes a point, that a law enforcement officer should pick the life of the person over throwing them in jail. There is a tendency as it relates to some people that putting you in jail is my number one issue more so than preserving your life, and that's a big issue that we have been seeing time and time again.

BANFIELD: Let me ask you, Mr. Parks, and that is -- this is difficult, I am always trying to the put myself in everyone's shoes in these very difficult circumstances.

As I understand it, Ms. Dawson had been to this hospital several times before there had been disturbances, before she had been asked to leave and had the police had to be called several times before, and she had been removed. So it's not a first-time sort of incident for any of the parties.

And then in the focus of the police, they say that they're not the medical professionals, they rely on the hospital and the hospital was intermittently checking Ms. Dawson throughout.

So with all of those contours now, it gives a different picture, do you have grounds for a lawsuit, and are you going to be suing?

PARKS: Well, Ashleigh, let's put it in the context here, and timing because very important. Remember Barbara Dawson comes to this hospital shortly before 11:00 the night before. She is dead within seven or eight hours of coming to the hospital. There is nothing wrong. We see it everyday in the emergency rooms where people are observed to see how they are doing. It is important that the medical professionals though, when a person is complaining of something, regardless of the vitals may show, if a person is telling you, they know their bodies, I'm having a problem, there was nothing wrong with letting her sit there for a few hours to see if there was anything really wrong with her.

We now know within 30 minutes she's on a medical emergency, and she was right, there was something going on with her.

BANFIELD: I do have to wrap it there, but I do hope that there is going to be a legal action that we get a chance to speak with both of you again. And may I just say Ms. Smith Dickson, I'm very sorry your lost, this is tragic. Anyway you look at it, regardless of litigation and I hope you'll pass that on the rest of your family for us.

PARKS: Thank you.

SMITH DICKSON: Thank you.

BANFIELD: Daryl Parks, thank you Martha Smith Dickson.

Coming up next, the so called affluenza teen is still in Mexico. But his mom isn't. She's in Texas, where she just had a big appearance you don't want these one folks, you don't want to face down judges, facing what she is facing.

[12:54:01] We'll let you know what happened.

(COMMERCIAL BREAK)

BANFIELD: This morning the mother of the so-called affluenza teenager Ethan Couch appeared in court in Texas, and that's what she wore, a yellow jail jumpsuit.

This was her arraignment, because she is being charged with hindering the apprehension of a felon and that felon is her son Ethan. He was on probation for killing four people in drunk driving crash back in 2013. It happened when he was 16-years-old. But last month he went missing and so did she. Then that sparked an international manhunt that ended with both of them being found in Mexico.

Ed Lavandera is in Fort Wood Texas, just outside the courthouse, a reminder to our viewers that Ethan Couch is cooling the heels in a jail cell down in Mexico, fighting the extradition back. But Tonya came back when she was in Texas.

Any drama from the judge or from Tonya this morning?

ED LAVANDERA, CNN CORRESPONDENT: Well, Ashleigh, as, you know, this is supposed to be a routine matter. But when it comes to this story, there's always a little twist that leaves you raising the eyebrows.

A couple of things, Tonya Couch appeared in the courtroom essentially by herself, her attorney showed up late, she did not enter a plea, her attorney later told us that she would eventually plead not guilty.

The most pressing matter for Tonya Couch at this point is this million dollar bond that she is facing. The attorney has requested that that bond be reduced, there is a hearing on that issue scheduled for next Monday. The judge did say that if that bond is reduced that she would be or she's able to meet the million dollar bond, that she would be forced to wear an ankle, monitor obviously a great deal of concern that Tonya Couch might indeed try to escape once again.

The judge said that she had been on the run since December 11th of last month. And as you mentioned Ethan Couch is still down in Mexico fighting that extradition.

And then afterwards, Ashleigh, we spoke with the sheriff, who told us that since Tonya Couch arrived back here in Fort Worth yesterday afternoon when she was "Has expressed a slight bit of anger about the conditions in her jail cell," namely complaining about the bright lights and constantly being watched.

So again that coming from the sheriff here in Fort Worth and again one of those twist that just kind of leaves you shaking your head in the story.

BANFIELD: To get a lot worst too, if she's actually indefinitely in a jail cell at least for a term.

All right, thank you, Ed Lavandera, appreciate that thank you.

I also, I want to draw your attention folks to little box on the right hand side of your screen.

The Philadelphia officials are going to hold a news conference at the top of the hour or shortly or whenever they can get their materials together but this is interesting because Jesse Hartnett was an officer who was effectively, there was an attempted assassination if you believe what the police chief was saying on his life.

He was shot while at a -- an intersection, he is surviving at this point. But we're going to get an update on all the details.

[13:00:03] My colleague Wolf Blitzer is going to take over the helm right now.

WOLF BLITZER, CNN ANCHOR: Hello. I'm Wolf Blitzer. It's 1:00 p.m. here in Washington --