tv Legal View With Ashleigh Banfield CNN May 12, 2015 9:00am-10:01am PDT
. hello, i'm ashleigh banfield. welcome to "legal view." we begin with the tragically sad story, nepal rocked by another deadly earthquake. a 7.3 magnitude quake striking some 11 miles deep and this time near the border with china. at least 48 people are reported dead in nepal now. 17 more in india. and one more in tibet. more than 1200 people have been injured. the moment it struck was caught
on video, sheer panic setting in as people start to scramble, trying to find any safe stable ground. the video from parliament. and then there's this -- >> the power of the quake moving massive rock and earth that created this landslide that threaten the people and homes in the village below. i'm sure you don't need the reminder less than three weeks ago, nepal was hit with a massive quake. that death toll is higher than 8,000 people and injured more than 10. closing in on 20. joining me on the phone is manesh and via skype kiteny a specialist in earthquake reconstruction both in kathmandu. if i can begin with you, what is the latest in terms of the casualties and trying to find those who are missing?
>> can you hear me? >> yes. >> i think we -- we're having trouble. i'm not sure if you can hear me. we're having trouble hearing you. while we get your connection fixed i want to go to kiteny, if i can. can you hear me? >> i can hear you. >> all right. i'm going to ask you to do a little bit of manesh's job and help us with some of the reporting in that what you have seen as a structural engineer being there to do the job of figuring out how to deal with the structural issues from the first quake, what are you seeing as a result of this second quake? >> well, i think it's shocking to everyone, and i was in earthquake and around maybe 3:00 p.m. or so and the ground started shaking. i was in the office and being an structural earthquake engineer i knew it was an aftershock and i needed to stay still. everybody ran out to the street
and just sheer panic. i mean it's something really scary, no control over it, and it's definitely the aftershocks, something expected. we may see bigger ones still. >> so kit, are you seeing a lot of evidence in the street of what we can only assume is happening, that is people are just running for their lives and afraid to be in any building, anywhere, at this point in this country? because these aftershocks and quakes are happening in a lot of places? >> that is true. the -- actually the -- i was right after the earthquake, i was headings to the integration office because i have -- immigration office because i have to extend my visa, in the private sector for reconstruction, but the immigration office is closed and i went through the whole building and assessed the safety for the officers for them and fortunately they were in the office so i could get the extension of the visa.
this is something that is really scary, no control, but kathmandu is actually very calm today right now, but destruction is outside. it's just unbelievable amount of destruction out there. i know thousands of people exposed to the monsoon and this is something one country alone cannot do that. they definitely need international support. >> and the kind of support that you're giving, having left america to go to help in the structure and then being there for the second quake. i'm going to ask you to stand by. i think we have manesh on the phone. if you can hear me i wanted to get an update from you, can you add to what kit told me and give me the latest in hows the country is handling the second quake on top of the first catastrophic one? >> we do not yet know the extent of the destruction. the destruction yet. but there are villages which
initial reports say are totally wiped out like villages were wiped out in the april 25th quake. now, these are remote areas and the highways to these areas are blocked totally because of landslides. i was talking to police and government officials earlier today and they have no the -- they do not know the extent of the damage. so far as of right now 50 people are already reported dead, but government officials, the police, expect this number to rise constantly, but did not want to give a figure. they have not yet been able to get to the remoter parts of these most affected district, o these districts are east of kathmandu and has lost more than
3,000 lives in the quake, and just like in the district, there are villages completely wiped out. that is what authorities are saying. now, these places is a big question mark. only have to be done with two helicopters and we do not have enough helicopters. >> so manesh, we're seeing new video into cnn where you were reporting where we could see some of the structures falling during or after this latest quake and it's harrowing to see them come down so quickly and destructively. made me wonder about the places where all of those injured people now mounting towards 20,000 are being treated. are the structures like hospitals and clinics where the injured are, are they safe, moving the injured? what are they doing about the integrity of these buildings and those already so vulnerable?
>> yeah. i was there today at the national trauma center after the earthquake next to the national trauma center is our biggest hospital in the country, the oldest hospital in the country, and what happened was, these patients in the hospital were all brought out after the quake and once the quake stopped, they were again being shifted in. so there is -- there was chaos out there. and we know that in the earlier quake, so many schools were -- school were totally destroyed, so many airports in the villages were destroyed. there is a -- i know our doctors will rush back to hospital to their work as soon as they heard of the quake and people started being brought in. but these people, when it was just around kathmandu, i do not know the extent, we coudo not k the extent of injuries.
people say 1200 people are injured but we got to remember, when the april 25th quake hit, the injuries mounted as the days went by. injuries are going to mount and will [ inaudible ] and just going to be helicopters which have to ferry them to the nearest town because the roads are blocked completely and they will not -- because of the landslide, so it is a big stress for the whole -- for the whole country, for the whole system at the moment. we will do things clearer tomorrow. the extent of the damage. it's already night here. >> this video, sometimes just the sounds are as harrowing as the pictures. you can hear in the background. oh, my lord. manesh, reporting for us, our producer in nepal there to cover the original earthquake and now
is finding himself in the middle of this secondary and massive 7.3 magnitude earthquake. our thanks to manesh and kit who is there. also, you know, in the aftermath of the first quake, to work on the structural engineering aspect of the buildings that survived quake number one, kit, you have your work cut out for you. thank you for taking the time to speak with us. manesh, thank you as well. we want to let you know if you want to help those affected by the earthquake in nepal, visit our website, cnn.com/impact. again cnn.com/impact. a lot of ways that you can help out as well. in other news, six months now after a 12-year-old boy with a pellet gun was shot and killed by the cleveland police, there's still no word about charges. filing them against the officer who fired the fatal shots. police have not even released tamir rice's body to his family. they cannot bury him. few minutes ago we finally got
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see car insurance in a whole new light. liberty mutual insurance. in the nearly six months since a cleveland police officer shot and killed a 12-year-old boy as he was playing with a pellet gun in a playground, police have said almost nothing. and tamir rice's family hasn't been able to get his body back to bury him. the investigation has been dragging on. last hour, however, the cuyahoga county sheriff finally broke his silence but offered little more than a timeline on the
investigation. >> my investigators have poured over thousands of pages of documents and conducted numerous search warrants and interviews with witnesses. we also reviewed any and all surveillance from sour rounding area and connected a 3d measurement scan at the rec center. so as you can see, we have been tirelessly working on this investigation, all of which brings us to today. while a few more withins need to be interviewed, and more forensic evidence need to be collected, the majority of our work is complete. >> a lengthy investigation for what to some seems like a fairly simple case because this shooting was even caught on camerap. and before we go on, i do want to give you a warning, we're going to play the silent surveillance video of this shooting. if you don't want to see it or perhaps if you have children in the room, going to ask you if you can make adjustments for the
moment. we thinks this is important to the case so you can see just how quickly this fatal encounter took place. i know that's probably difficult to make out, but the entire tape was about 23 seconds. the firing of those fatal shots was just within two seconds of the officer getting out of the car. no charges have been filed against that offer who pulled the trigger. his name is timothy loehmann. with no resolution in the case, the family has gone ahead and filed two lawsuits against the
cleveland p.d. police department. one of them is a wrongful death case and the other one is a federal civil rights case. i want to bring in two of our legal an analysts to figure out why this delay. legal analyst danny cevallos and paul callan to talk about the case. on the sur face it seems deplorable that a family would have to wait five to six months to bury their baby. is there something i'm not seeing here, paul? >> it's absolutely shocking because most of these cases they're complex fact patterns a lot of moving parts here. this is a simple, straightforward case you can see it on the video or so it seems. >> so it seems. >> the so it seems part is that when you have a criminal investigation of police officers, they always take quite a while. look at what happened in ferguson and the statten island and chokehold case. >> couple months. >> the family has filed a civil rights action and part of that may be a wrongful death case as
well, so you have parallel cases going on and it makes it much more complicated and they take longer. >> danny, i'm going to give one to the cops because the police department turned all of this over to the sheriff and they only did that three months ago. the sheriff has said, look, i got this in my lap and started in earnest three months ago. if you want to be fair about this, that person who updated us today has had this case on his desk for three months. sounding like it's a little more realistic? >> it's an interesting thing. once a criminal case is filed, the constitution requires that you be brought to trial within your speedy trial time. but there really isn't a whole lot of constitutional guidance about how long an investigation can or should take. so it's very interesting in cases like this and as many people have observed when law enforcement is involved, that the investigation takes a lot longer than some of the other run of the mill, civilian
involved shootings i should say. in cases like this, it's -- i think the family has a point that while we should not be made to wait in definitely while the investigation proceeds and the police have said speedy trial requires these defendants be brought to trial within a certain period of time. that's a little disingenuous. that clock only begins running after someone is charged. >> for people who don't have law degrees, this stuff can be tricky and i do recall in the casey anthony case, all that civil activity had to wait until that murder trial was over. but in this case, we're seeing all the civil activity getting active before we're even seeing a potential criminal investigation. does that mean that the cops are having a tough time handing out the subpoenas, getting the interviews of the witnesses they need because they may be busy over with other people's lawyers who have held them for, you know, their purposes and it's making it more complicated.
i'm trying to play the devil's advocate for the process. everyone knows the legal process is sluggish. >> back in the old days, when -- before we had such a run on these horrible cases, these police shooting cases, usually if you bring in a civil case you wait until the criminal case is over because if they prove beyond a reasonable doubt that cops are guilty, boom, you're going to win your civil case. you've won the issue of liability and have to get damages. >> the standard is lower when you get to the civil court. >> people have so much distrust in the system now these lawyers are coming in and filing the civil cases and then you're right, witnesses are being interviewed twice, you're getting conflicting possibilities of evidence, and it's going to cause problems for the civil case and problems for the -- >> in cases like this, to build on what paul is saying, it is entirely at the discretion of the judge, the cour, in whether or not to stay proceedings or allow them to go forward. each case is a case-by-case basis. >> and then this mood, everybody
feels as though, you know, you're under a microscope if you end up in this litigation you better not screw it up. cities can burn over this stuff. stick around. another case capturing the attention of america, it involves another detainee, again this detainee died in custody and again, after being put in a police van. this case is indiana where state police are investigating the death of 19-year-old kyler myers after booked in the johnson county jail he was taken to the hospital. the sheriff says he walked himself into the van but by the time they arrived at the hospital, he was unresponsive and later died. an autopsy report is expected some time later today. we'll keep you posted. we also have this update on the case of the two police officers killed in mississippi. investigators say even though four suspects have been charged in connection with the killing, just one of them is really the
one accused of pulling the trigger and they've reduced the charge of the female suspect from two counts of capital murder to accessory after the fact. up next, after weeks of uncertainty and protests, a decision is about to come down in madison, wisconsin, on whether a police officer will face charges in the shooting death of an unarmed teenager. .
biracial teenager like if he's going to be charged or not in that case. friends and family and community members who knew tony robinson are gathering in madison awaiting word from the prosecutor this afternoon. it comes after two months of questions and simmering tensions there. the killing triggered days of large but peaceful protests, some supporting law enforcement, and others claiming excessive force. robinson's mother was emotional when she described her son. >> my son was the kindest, most lovi lovingest, most playful kid. he played games all day long. he loved his family. he loved his friends. he was never -- never hurt a person. never. my son was a very tall, big boy, 6'4", 220 pounds, but never fights. >> cnn's ryan young is live in
madison right now. we should point out, it's very different, but this case is being investigated not by the police department but instead by an outside agency and this is sort of one of the first in the nation kinds of laws. it doesn't apply everywhere but applies here. where are we with this case and while you're at it, give me background as well and remind people how we got here, ryan. >> certainly, ashleigh. this law was passed in 2014, you have the independent force looking at this. but this is the street where the shooting took place. in fact, if you look across the street at that door, you can see the number 8, where the shooting sort of happened. the officer arrived, heard some noise behind that door. wanted to go inside because they knew somebody may be in trouble. when he got inside he was faced with tony robinson. there was a struggle. three shots fired, tony hit three times and died. we have a 911 call from that night that we'll play for you right now.
>> look for a male black light skinned tan jacket jeans outside yelling in front of cars 19 years of age, name is tony robinson. >> now tony robinson was unarmed and his family believed he was on drugs, shot three times, like i said before, once in the head and chest and in the arm. in the days after this shooting, the family really called for calm and peace. there were several marches going on. young folks took over the capital at one point. making sure their voices were heard. that same thing is going on. several people in this community believe the officer will not be indicted and they're preparing for that. we're told there will be a massive march on wednesday. this community in terms of the young people really got behind this cause especially with so many of them knowing tony robinson. he was 19 years old and had just graduated from high school. people knew of this young man and didn't believe he should be shot. in terms of the officer some were questioning why not use a stun gun. well in this state if you don't
have backup you don't use your stun gun. he did suffer a concussion and he opened fired. >> that was the thing i wanted to make sure, you know, in fairness to this officer, he reported that he -- he suffered a blow to the head in whatever happened behind that door. he went in there having been told that robinson had been acting erratically, jumping in front of cars, assaulting people and ultimately said he was hurt and i believe he might have been treated for this concussion. but is that maybe, ryan, quickly, if you can wrap it up, tamping down and keeping people peaceful until they hear the fact of the case as the investigation finds them? >> i think it's a combination of a lot of things, the police department, family an community have been talking since this incident, all have been asking for calm and it seem to be an organization between all three really to make sure things don't get out of hand. on top of all of that a lot of questions in terms about what happened behind that door. people want to hear the evidence, which they're hoping to hear this afternoon, so they can make some conclusions on
their own, including us. >> ryan young, including us, everybody, hold tight until you hear the facts of the case, doing great job, thank you for that. don't forget, cnn will stay on this story live. we'll have that coverage for you as soon as they release the prosecutor's report. expected to come out at 3:30 eastern time. so stay tuned for that as well. coming up next, what on earth is going on at georgia's chat ham county jail in three weeks after one inmate died there, another violent confrontation captured on tape involving some of the same officers who have since been fired. show you the tape.
we've got some new video ins to us of sheriff's deputies in chat ham county, georgia, they are voy lently restraining an inmate who had come out of a restraint chair. want to give you a warning this is pretty disturbing video but also very telling. two of the deputies in the video happen to be the same deputies who were recently fired for their part in the confrontation that led to the death of a 21-year-old man named matthew arc jubati. this is not matthew. he was arrested in january, but this video taken 23 days after the death. and you can see this very violent confrontation the sheriff deputies taking that man down. they went back for the inmate and according to work sav opened the door without telling a
supervisor. that's a violation. confrontation turned violent. third delivers a knee blows to the inmate's head. not protocol either. a female deputy ended up being involved as well and she brought out her taser. she had the taser close to him and the report said that inmate was tased while in full restraints. cnn law enforcement analyst sed crick alexander, with us live. also with me is cnn commentator mel robbins. first to you, you've seen the video, had a chance to look at it. i often start off by saying, let's remember, folks, these guys are not in those circumstances because they were singing too loud in church. they are often violent, often difficult, they bite, spit, punch, hurt, even if they're in restraint. with that said, is an officer allowed to use all that kind of force to restrain a bad guy? >> well, there is a justification for using force in
certain situations, and be what we just saw in that video, there's more to that video, a second confrontation where the same officer that rockets the guy in the head with the knee does the same move to another guy who's doing nothing. >> spitting or yelling or something. >> spitting. here's the problem, in a correction facility it's very different than being a police officer on the street, you actually have a controlled environment. you also have background on the inmates so you know exactly what they've done or been accused of, whether or not there's a mental health history or they're on meds. >> no. you would hope -- >> lots of officers -- >> this is intake. these guys have not been sitting in the cell for a long time. >> but they have complaints and in this particular situation, we're talking about a situation that didn't turn violent, we're seeing on videotape a situation that officers created using violence. so you don't see any -- like you don't see anything happening with that inmate -- >> i see him taking a shoulder to the bigger officer. i see the bigger officer also,
you know, like you say gave him the rocket kick to the head with his knee. cred rick alexander,' circumstance for officers like that to use any means necessary with their body, for instance, if they're not holding a taser, if they can't tase this guy and he is violent, can they knee kick him to the head, can they use their own bodies to stop him any way they can. >> you know, every agency, i'm quite sure in this agency as well, too, inside a correctional facility, you're going to have policies which you have to abody by, even when it comes to takedowns such as this case as well too, but it's hard for me because in some ways we can see what is going on, but some ways we cannot. so without me being speculative about this, ashleigh, one thing that's going to be critically important in this particular case, considering the lift of a previous case, 23 days ago, is going to be the outcome of the investigation and i'm quite sure that is going to be conducted or
is currently under investigation. i think in there, we're going to get more to the truth that is going to corroborate with that video and maybe some that will not. certainly it is not a video in which i would say the officers in some kind of way felt that they were in threat for their lives and they needed to go beyond what they would typically go beyond. but this clearly is a case that's going to require some more review considering the history. >> considering its history, matthew ajubati is dead. this is 23 days later, evidence of guys who were let go. i have to leave it there. we're going to continue to watch this case. mel, you were fascinated by the people who were watching, the administrators were somewhat not interested in what they were witnessing. as always, thank you. good to see you. thank you. coming up a shot fired at one george zimmerman, the george
zimmerman, the man who shot and killed trayvon martin. shattered glass but mr. zimmerman survived and we have the 911 call but wow, this makes a long list of incidents george zimmerman's been involved in. we'll update you next. you know our new rope has actually passed all the tests. we're ready to start with production. ok, are you doing test markets like last time? uh, no we're going to roll out globally. ok. we'll start working on some financing options right away. thanks, joe. oh, yeah. it's a game-changer for the rock-climbing industry. this is one strong rope! huh joe? oh, yeah it's incredible! how you doing team? jeff you good? [jeff] i think i dropped my keys. [announcer] you work hard to build your company. wells fargo will work right alongside you, bringing the expertise your company needs to move forward. wells fargo. together we'll go far. nobody's hurt,but there will you totstill be pain.new car. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car?
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manage service appointments and find answers to your questions. you can even check your connection status on your phone. now it's easier than ever to manage your account. get started at xfinity.com/myaccount i think this goes without saying, george zimmerman seems to be a magnet for trouble. wherever he goes, problems seem to follow him. and yesterday, proof positive because zimmerman was involved in a violent confrontation in florida. this time it wasn't zimmerman pulling triggers. he was the one who was shot at and hurt. he was hit in the face with car glass and debris. he only suffered minor injuries and moments ago, the lake mary
police gave an update on the investigation, saying that charges for either men have not been ruled out. >> our detectives are working diligently to have a very thorough investigation that's impartial and so they are doing it methodically and that will take some time and at this point in the investigation, they are not ready to say whether or not there are any or if there will be any charges filed. it's still an active investigation. >> are you confident you are going to get statements of both of them -- >> the warrant has been issued. it has not been ep acted. >> can you say why the delay? >> the detectives are just working and the amount of time, the best time they can, that will happen, as soon as they're ready to do that. >> either of the men could be charged. earlier this morning, part of the 911 call from a man who was at the scene of yesterday's
shooting. that call was released to the publicly and some of the call was withheld for the investigation, but here's some of it for you. >> how can i help you, sir? >> yeah. i guy said he had to pull a gun on a guy. a guy here said he had to shoot at someone through his window so he wants police to come. >> he saw shoot somebody out of his window? >> what? >> you -- okay. say that again. saw what? >> he had to shoot at somebody. >> is he there with you right now? he's with you right now, sir? >> yeah. the guy, yeah, he said he had to shoot -- >> what is -- >> he's kind of outside on the street standing out here. >> what kind of car is he driving? >> he's driving an infinity. he said it was george zimmerman. >> that sounded confusing but you get the idea, two guys, going at it and a shot gets fired. i want to take a look back for a
moment at some of george zimmerman's legal troubles. stay with me here. start in february 2012, fatally shoots trayvon martin, july 2013, pulled over for speeding, november 13, arrested on aggravated assault and domestic violence battery. september 2014 threatens to kill a man during a road rage incident. january 2015 arrested on domestic violence complaint, may 2015 involved in a shooting. now it's -- it would be unfair to just leave you with that list because some of those things actually ended up being dropped, some of those domestics ended up being dropped and recanted and he cleared the rap for some of them as well. that's a pretty long list of stuff, just stuff. want to bring in our legal analyst jeffrey toobin and mel robs. the kind of thing in a court of law you're not allowed to bring up prior bad acts unless there's a pattern, i'm not sure if that's a pattern or horrible luck. what do you think? >> i'm going to take my legal
hat off and tell you what i really think. >> go for it. >> he's either a criminal that got away with murder and continues to engage in criminal activity or a putz of the highest degree attracting a ton of trouble. my personal opinion is that this guy is major trouble, that he's instigating a lot of these and i wouldn't be surprised if we see them bring a charge he was brandishing a weapon or somehow instigated this. >> there is that claim that george had a weapon and that other shooter was afraid and shot because of that. but then there's also history. this is not a one-time event, not a one road rage incident. these are two guys that have been at it and calling the police on each other and following each other and confronting each other. does that make any difference in the incident yesterday? >> it might. my only favorite person in this whole controversy is the 911 operator. what? what? what did you say? he had to shoot someone. i mean, i think to put it mildly the circumstances of what
happened are unclear. and who did what to whom and started it, i -- you know, people should not be firing guns through car windows. i don't care who's on the other side, george zimmerman or anyone else. so, you know, obviously george zimmerman is a troubled person, had a very troubled past, but this other guy, should not be given some sort of free pass if -- just because george zimmerman is a troubled guy. >> he fired a weapon. >> yeah. >> bring attempted murder charges at him. seriously, if george zimmerman is driving a car and if the facts bear out he had no weapon and this guy has an ax to grind and he drives up next to him and fires at a car knowing full well -- >> we know george zimmerman does carry weapons. that's not unheard of. >> that doesn't mean he showed it. >> doesn't mean he showed it. >> he's not a convicted felon so he has a right and florida has loose rules on who can have a weapon. i think the situation is murky to say the least, but george
zimmerman, as you said at the beginning, is a magnet for trouble and this is not the last thing. >> some have said that he's a magnet for trouble because of what he went through, that he was destroyed by the process of the trayvon case against him and others have said this is the guy he was going into that case and unless you know him and you walk in those shoes, i don't think anyone of us should claim to have that. >> i certainly don't. >> thank you. coming up next, tom brady, his hope for the slap on the wrist, deflated and the qb and the patriots hit hard by the nfl. for tampperring with footballs and they're not done fighting yet either. there's still so many questions coming up next. the volkswagen golf was just named
super star quarterback tom brady sacked, well kind of anyway, a little bit, by the nfl. the league's hammer coming down hard on the super bowl mvp and his new england patriots handing out really unprecedented penaltity for the deflate gate controversy. but the team is standing by their man, the owner, robert kraft, saying brady, quote, has our unconditional support. and how is this for an example of standing by your man. this is the patriots' new profile on its twitter account, brady can sure use the supports right now. look at that, big old 12.
the four-time super bowl winner was suspended for the first four games of this upcoming season and in the 16-game season that's a big sentence if you think about it. his team fined a million dollars and worse, the patriots will forfeit two draft picks including a first rounder next year and in football talk, that's a big deal. on the surface extremely harsh punishment. i want to bring in cnn sports agent rachel nickels and lee steinberg live in california. rachel, given what deflategate ended up being and whether allegations were truly proven in the reports that came out, how do you gauge this punishment spot on the money, too much, overcompensation for not doing enough in other cases? >> well, it follows exactly along league rules, ashleigh, kind of what you got to look at here. the standard of evidence for these kinds of integrity of the game investigations issues is
comparable to a civil court, preponderance of the evidence, 50% plus one, so that's what the investigation was looking to show, whether or not there was a preponderance of the evidence. that's why the language in the report was more probable than not. that was very specific and purposeful to meet the league standard. once that league standard is met, once you have crossed that threshold of preponderance of the evidence, the punishments are very harsh and they don't judge on how much more than 50% you've crossed that standard. it's whether you've crossed it or not. they take integrity of the game very seriously in all professional sports and feel like if you don't have that as a building block what do you have as fans trusting the games that you're going to watch. it doesn't surprise me that once the wells report said hey, these are the guilty parties, and showed that standard of evidence, that the nfl came down big here and they said two things. they said, a, you crossed our standard in terms of integrity of the game, and b, you did not cooperate with the
investigation. >> you weren't helpful. >> you weren't helpful. >> that was a big part of this. >> okay. >> the nfl doesn't have subpoena power. that's an important thing especially your viewers on "legal view" they can't force anyone to tell them anything. the only thing they can do is bully people into it, threaten them. >> part of our club, you should talk to us, right, you're a part of our club. lee, on that same vain that rachel went after, i want to read for you being a famous agent yourself, i want to read for you brady's agent what he released after this, he called the punishment, quote, ridiculous, the discipline is ridiculous and has no legitimate basis. the nfl lacks standards or protocols with respect to its handling of footballs prior to games. this is not the fault of tom or the patriots. we will appeal. but lee, do you think ultimately that a lot of this punishment for tom brady is exactly as rachel said, for his intransigents, for failing to turn over some of his devices an not helping the matter? >> had tom brady simply said
back at super bowl time, i like to throw balls which a little underinflated, i'm a competitor, i push the staff to give me that type of ball, if that broke some rule, i'm very sorry, this thing would have ended. instead, by being intransigent they almost pushed and provoked the nfl into protecting the integrity of the game. let's remember that reason that fans have confidence, spend money to go to games, watch on television, 40 million play fantasy football, is the thought that the games are played on an even playing field, same rules, same equipment, and what happens on the field is really the determinant. this issue hit a third rail of public opinion. it wasn't just press. people were really outraged by the concept that the games might
not be honest. appealing would be the worst, last thing i would ever suggest to a client because what happens is, that tom brady's had a pristine reputation, been a golden boy, bob kraft's an awesome owner, it's not like the commissioner wanted to do this, but every single time this issue is brought up, it's going to conflate brady cheating, brady, cheating, in every headline. it does more harm. >> i say you're right, don't go ahead and fight this or, you know, appeal. sue, tom brady. go ahead and sue in court, because then you're going to be compelled to turn over all that discovery and all those devices and texts. rachel, i need to ask you about the two guys who got fired. what happened to standing by your man, their little man? >> yeah. look, that's part of the domino here people saying if the patriots suspended these guys
without pay, it seems like they may know that they did something wrong and then that kind of wrecks the rest of their case where they said they did nothing wrong. that's a lot of supposition. we don't know that. a lot of people around the league who say look, they had to treat the patriotses the same way they would treat any of the other 32 teams and this is what's dg going to happen if you cheat. this is a message to everyone. >> nice to see you my friend. thanks for that. lee, always good to see you. thanks for doing this. >> pleasure. >> appreciate both of you. thanks for watching. my colleague and friend wolf blitzer starts after this break. "what ya doing? "checking my free credit score at credit karma. when's the last time you checked yours? "your credit... ...is fly!" "aren't you curious what it is right now?"
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this is cnn breaking news. >> let's get to the breaking news. a country still reeling from a major earthquake gets hit again. take a look at this video just in from nepal. it shows a building collapsing into a pile of dust and rubble. >> wow. today's magnitude 7.3 trembler comes less than three weeks after a devastating earthquake killed thousands of people. as the ground shook once again, traumatized residents scrambled to try to get to safety. >> all of the buildings in the area that i was driving through where we ended up stopping, just emptied, literally hundreds of people, mom with their kids close to their vests, men, young