tv Anderson Cooper 360 CNN November 30, 2011 1:00am-2:00am EST
>> best of luck with it. looking forward to the movie "answers to nothing" dane cook. that's all for us tonight. " ac 360" starts now. we begin with new word from mike lang, one of three accusers making sex allegations against bernie fine, syracuse university's fired associate men's basketball coach. he spoke to our gary tuchman who joins us shortly. also tonight, keeping them honest, new revelations about what might have been done when first accuser called police with his allegations but wasn't done. it's a procedure followed in other big cities but not in syracuse. the accuser's name is bobby davis, a former su ball boy who is now 39 years old. he told espn the abuse started in 1984 when he was 12 and continued for more than a decade. he waited until 2002 to phone syracuse city police who told him they couldn't pursue charges because the statute of limitations had expired. the city's police chief admits they could have done better. >> in 2002, it appears as though we could have done more with this case.
let's just face it, right? and now in 2011, i want to make sure that whatever it is that we're required to do by the victims, the people making allegations i want to make sure the proper thing is done. >> he says new procedures effective today will mean any such allegation will be logged into a computer database. back then they did next to nothing. not only did they not pursue charges. they never started an investigation or filed a report. no paperwork at all. we wanted to know, is that unusual? the new york police department tells cnn's susan candiotti that its own investigators are required to document any and all interview with alleged victims. even if the statue of limitations is expired. one reason sex abuser rarely stop at one victim. if the allegations against bernie fine are true -- and right now that is a very big if -- he hasn't been charged with anything yet, but if the allegations are true, he was also abusing daiquiri tomaselli. allegedly in a pittsburgh hotel room in january of that year.
again, that's only annual allegation. we should point out coach fine denies all of the allegations again him. the police say they could have done better. they're saying that now. the university on the other hand is defending its role in the case. >> let me tell you that we've been very straightforward and candid about this whole process. we've gone through our due diligence. new things came up and we felt that it was important both for bernie fine and for the university to move forward. >> that's university chancellor nancy cantor this afternoon. back in 2005, the school conducted an internal investigation and concluded there was no wrongdoing on the part of coach fine. but keeping them honest, syracuse university has neither released the report to the public nor discussed it in any detail beyond a one-page statement on the 17th. the bottom line, if any evidence or corroboration of the allegations had surfaced, we would have terminated the associate coach and reported it to the police immediately. keeping them honest, sex abuse allegations even highly credible ones rarely come with corroboration. though in this case coach fine's
wife admitted on tape in a phone conversation with bobby davis in 2002 that her husband, quote, had issues. and according to a transcript of the recording in the "syracuse post standard, "davis asked her, you think i'm the only one he's ever done that to? and she replied no. this is laurie fine talking to bobby davis in 2002. we should point out syracuse university did not have access to the tape when they conducted their internal investigation. but we have yet to hear from the university whether they spoke to mrs. fine in the course of that investigation. in fact, we have no official idea who they talk to at all. the report remains off limits to the public. according to mrs. fine in that same taped phone conversation, we hear her say her husband thinks that he's above the law, which remains to be seen federal authority are looking into zach tomaselli's allegations which involve crossing state lines which could be a federal crime. we'll have more on that angle shortly. first gary tuchman up in syracuse with more on the investigation and accuser number two. gary?
>> reporter: well, anderson, accuser number two is bobby davis' step-brother mike lang. mike lang is 45 years old, he's the older brother. he was a syracuse university ball boy for 15 years starting when he was in junior high school. he kept quiet about these allegations because he felt helpless and was embarrassed. now he's speaking out to authorities, and he talked to me today. when you saw the penn state story break, how did it make you feel? >> well, i was sitting here in my house all alone and it just -- my stomach just turned. and all i can think of is what me and my little brother went through, and it's happening all over again. >> initially what did you think of bernie fine? >> i thought he was a great guy. and he would bring me to every practice, he'd bring me to all the games, he brought me to the big east tournament. i thought he was a great guy. >> you would go to bernie fine's house. >> every day. >> why would you go there? would he invite you, ask you to go there? >> it was like my home.
i can go there any time i wanted to. >> so you'd be at his house. would his wife be home? >> sometimes. she'd be doing whatever she did and he'd be in there watching the games, making phone calls to recruits or -- it was like a home to me. it was like my home. >> he'd invite you to his house and you would hang out there. >> right. i'd go over there every day. >> and most of the time you would just watch tv or would you just study? >> watch tv, rake his lawn, do whatever i wanted to do. it was like my house, you know? >> so you considered him like a fatherly figure? >> yes, absolutely. >> but when did you realize that there was something wrong with what he was doing, what did he do to you? >> he touched -- he kept touching me. >> so where, though? where did he touch you? >> in my leg and my penis. >> did you say something to him? >> yes. i said, bernie, please stop this because i'm not that kind and i won't tolerate it. if you don't want me to come over here no more, i won't come over here. but if you keep doing it, i am not going to come over here.
>> you were a kid and you knew this was wrong and here's this grown-up man doing this to you. when you said this to him, stop doing that, what did he say to you? >> he wouldn't say nothing. he'd move his hand, then wouldn't do it for that night. >> do you have any idea, mike, how many times bernie fine touched you inappropriately? >> at least 20, 30, 40. i mean, when do you stop counting? >> did you tell him to stop doing that on another occasion after he did it the first time? >> yes. it continued to happen. then i told him, please don't do that no more, but you couldn't tell him no. it was hard to say anything because you think you're with a god, you know. just hard to come out and say anything to anybody about it. >> so you regarded bernie fine as this exalted figure. >> well, a father figure, you know? yeah, everybody did. >> but later you introduced your
brother to be a ball boy and your brother started making similar allegations, right? >> when i got back from college, yeah, that's what i heard. >> when your brother told you this, when your brother bobby told you this, you must have thought to yourself -- did you tell him this had happened to you also? >> not really. not at first, i don't believe i did. >> were you embarrassed? >> yes, i was. i blamed it on myself because i was the one that brought him along after me. and now i got all this guilt feeling to live with now, you know? >> what do you hope happens? >> i just hope that this -- no other kids get abused. and that's the main reason why i came out and said what i had to say and what happened to me is because i don't want this to happen to anybody else. >> mike lang has two teenaged sons. his younger son was the same age he was when he started as a ball boy. he tells us that he just told his son what he told us today just last week. the first time his son found out about this.
anderson? >> syracuse had a big game tonight. you were in the dome for the beginning of the game. what was the atmosphere like there like? >> yeah, it was very interesting, anderson, because a few days ago syracuse had a game before bernie fine was fired. they left an honorary seat on the bench for him. today there was no honorary seat left for him. jim boeheim, the head coach, got huge applause when he walked out on to the floor, but there was absolutely no mention whatsoever of bernie fine. >> gary, appreciate the reporting. let's bring in jeffrey toobin and sunny hostin out of "in session" on our sister network trutv. sunny specialized in prosecuting sex crimes. jeff, does it strike you as odd the syracuse police did not create any reports after they were first alerted of the aelthss back in 2002? >> somewhat, but i have to say i'm less outraged perhaps than i should be about the conduct of the syracuse police. based on their report, they did not have a victim report. they had a friend of a victim who said something -- that fine
did this. but the victim did not come forward. so i mean, that's not an absent of corroboration. that's an absence of evidence. and so, yes, they should have kept a record but should they have prosecuted? should they have proceeded with that state of evidence? i don't think they did anything wrong. >> i'm going to disagree with jeff. the way i read it the victim came forward later and called the detective contact. that he was given, once he told his story, the detective said the statue of limitations has run and there's nothing we can do unless you come forward with other witnesses and other victims. he did give them the names of other people. they felt that the accusations didn't warrant an investigation, didn't warrant documentation. and i think they had enough at that point to, at the very least, anderson, document what they were told. at the very least perhaps to follow up at syracuse. at the very least to do something more than what they
did. and i think now the chief of the syracuse police has acknowledged that. he said now that i'm the chief of police, i'm changing the procedures. the procedures that were followed in this case, in my view, having prosecuted these kinds of cases, were woefully inadequate and inappropriate. >> jeff, if it's true that there was later contact, do you agree that they should have -- that it makes sense to have a record on file? >> yeah. they should have. i wasn't clear. they had no witness where they could conceivably have prosecuted anything. i mean, there was nothing within the statute of limitations that syracuse could have done. certainly they could have done more to get the information to syracuse. i mean, that's the thing that is so troubling, is that even if you don't prosecute, you can do something to protect children. and that's what the real failure here was, not the failure to prosecute. >> the secret service is now the
lead -- doing the lead investigation on this case. >> that's right. >> in the wake, i guess, of the third person who has come forward, zach tomaselli, because the possibility of crossing state lines. >> that's right. apparently his abuse allegedly occurred in pittsburgh. so the secret service taking the lead on the investigation tells me that the federal government is certainly looking at it. the u.s. attorney's office probably looking at it as well. that tells me this has become a federal investigation, as it should be, if these allegations are true, if children were trafficked across state lines for sexual purposes, if abuse happens in more than one state. >> right. >> that's a federal area. >> jeff, how did it change if it becomes a federal case? >> well, syracuse police department is a -- you know, it's a city, but it's a small city. you need really specialized expertise to take a computer and look and see if there's evidence of trafficking of kiddie porn of e-mails that might suggest that there was some sort of activity going on.
that's the kind of thing that only a -- usually. i mean, not something like the new york city police department. but you really need the feds to have that kind of expertise. i think it only makes sense for them to be involved at this stage. >> i'd like to mention, under the federal statute, the statute of limitations would not have run. and that's really what's important. because if you look at the federal guidelines, they have until the victim turns 25 or up to ten years after the alleged abuse, whichever is longer. when you look at it like that, now the federal government has a second chance of going after bernie fine if this is in fact true. >> is there a federal statute of limitation. does that affect the statute of limitations? >> there is a federal statute of limitations but it hasn't run yet. if the allegations happened in 2002, 2003. >> i think there's a chance they haven't run yet. >> that's right. >> that's the thing. we don't know exactly when these alleged actions took place. if they were in the '80s, even the federal statute has run. but if they were 2002, 2003 there's a chance for federal prosecution. >> that's right, that's right.
>> and it does seem, jeff, one of the tragedies here is that a number of people seem to have known about these allegations for year, the university, the police, espn, the local newspaper, but no one could or did put it together because they seem to have different pieces of the puzzle? >> that's what's so maddening about this story. is if the cops had the espn tape or if -- there were individual pieces of very apparently incriminating evidence, but no one entity had enough information. >> i also don't understand why the first accuser, if he had this tape which he apparently made, why not hand that over to police? >> well, you know, i have to say the behavior of the accusers here is somewhat peculiar. it's very important to point out that being a victim of sexual abuse, if that's what happened, is extremely traumatizing, extremely embarrassing, it is
not like reporting your car was broken into. it's something very difficult to come forward -- >> the argument is that he might say that the -- he had been told that the statute of limitations had expired and he felt the police weren't interested. that would be one argument. >> that would be the argument, but you would also hope that they'd be concerned about the possibility of future abuse in other victims and that they should have come forward. >> we'll continue on. sunny hostin, jeff toobin. thank you very much. let us know what you think. follow us on twitter @andersoncooper. i'll be tweeting tonight. coming up "raw politics" herman cain talking tonight, but is he saying anything about the affair allegations against him? allegations of a 13-year affair. we'll hear from the accuser's attorney tonight. i spoke to him moments before we went air. later for first time a view from inside syria's most dangerous city. through the eyes of a western reporter who was smuggled in. witness wad is increasingly an
armed resistance against the government taking shape. let's check in right now with isha and see what she's following. >> gary giordano the american held almost four months in aruba is a free man tonight. he was arrested in connection with the disappearance of robyn gardner but was never charged with a crime. will police be able to solve the case now that their prime suspect is headed back to the u.s.? that have more when "360" continues. that's why i take doctor recommended colace capsules. i have hemorrhoids and yes, i have constipation. that's why i take colace. [ male announcer ] for occasional constipation associated with certain medical conditions there's colace capsules. colace softens the stool and helps eliminate the need to strain. stimulant-free, comfortable relief. no wonder colace is the #1 stool softener brand recommended by doctors. say "yes" to colace! [ male announcer ] go to colacecapsules.com for savings.
"raw politics" tonight herman cain denies he's had an affair with an atlanta woman but admitted he's reassessing his campaign in light of the allegation. speaking tonight in michigan he made no mention of the story which he says is taking a toll with his family, and he admits his fund-raising. whether it is hurting his poll number is still unclear. he's dropped out of first place since allegations of sexual harassment involving four accusers have come to light. the latest cnn/orc poll has him at 17% behind mitt romney and front-runner newt gingrich. in a moment we'll talk to the ed buckley, the attorney for ginger white, who says she had the long-running affair with cain. but first tom foreman at how he got to this point. >> love ya!
>> reporter: a tea party favorite, herman cain was a little known longshot for most voters when he entered the race. a former head of godfather's pizza, a radio host, and previously unsuccessful candidate. >> herman cain. >> reporter: then the debates began, and suddenly his wit and simple approach to complex issues like reworking the tax code had everyone talking. >> 9-9-9. >> reporter: in october, cain's poll numbers rocketed past perry, gingrich, paul, bachmann, nearly overtaking romney, but then came the stumbles on the occupy wall street movement. >> i don't have facts to back this up, but i happen to believe the demonstrations are planned and orchestrated to distract from the failed policies of the obama administration. >> reporter: on planned parenthood -- >> planned parenthood was trying to put all these centers into the black communities because they wanted to kill black babies before they were born.
>> yes. >> you still stand by that? >> i still stand by that. >> reporter: on illegal immigration -- >> we'll have a fence, 20 feet high, barbed wire on the top. it is going to be electrocuted, electrified. and there's going to be a sign on the other side that said, it will kill you. >> reporter: later he said he was joking, but the controversies have added up. aplong them, he said as president he 0 would negotiate terrorists and then he backtracked. he said china was trying to develop nuclear weapons even though the chinese have had them for decades. his campaign manager appeared in an ad smoking, infuriating health advocates. amid all that comes the accusations of sexual harassment, infidelities, cover-ups involving women cain allegedly knew or worked with. for a long time. >> i was aware that he was married and i was already aware i was involved in a very inappropriate situation, relationship. >> did you know her for 13
years? >> yes, but did not have an affair. >> reporter: so far he's repeatedly denied doing anything wrong. >> i have never acted inappropriately with anyone, period. >> reporter: but his numbers are plunging and with them perhaps his chances of ever taking the white house. tom foreman, cnn, washington. again, herman cain denies the harassment allegations and the allegations he had a long-running affair with ginger white. shortly before air time in a "360" exclusive, i spoke with ms. white's attorney edward buckley. herman cain sent a message to his supporters today. here's what he had to say about your client. he said and i quote, as you probably heard yesterday a troubled atlanta businesswoman used national media outlets to promulgate a fabricated story about a 13-year affair with me. i'm writing to you today to assure you that this woman's story is completely false. he also said that she made it
clear she was abusing their friendship. what's your reaction to that or your client's reaction? >> i think that's a mouthful, and i'm very surprised at how aggressive that is. and very sorry that mr. cain has chosen to take that approach. >> your client stands by her story? >> she has consistently. >> herman cain's lawyer confirmed for us that they've not ruled out a defamation suit against your client. is that something you had considered before, is that something you take seriously? >> i think that would be a very bad idea for a variety of reasons, and i think that -- well, i just think that that would be a very, very bad idea. >> his lawyer also says that there's no documentation out
there that could prove or disprove this story, that it was all going to come down to he said, she said. your client has spoken about trips, about flights, about dinners, which is all, i guess, verifiable information. do you or do your client plan to release any more documentation to back up her claim? >> we have some additional phone records, which we'll release. as far as tickets and that sort of thing goes, those are the sorts of records that, you know, airlines might have. she did not retain any of those. and so she doesn't have that, no. >> but is there anything to -- any evidence that she had of souvenirs she collected or anything, photos that were taken over the course of 13 years? >> no, no photographs. and i think that that was, you know, a matter of choice that
there weren't photographs. so no, she doesn't have anything like that. >> we saw the phone records of your client already released, allegedly showing text messaging between herself and herman cain which he hasn't denied. does your client have any of those actual text messages? >> she does have some of them. >> would she consider releasing them? would there be anything in those text messages that would be further documentation? >> i think that's something that she's considered and neither ruled in nor ruled out at this point in time. >> how does she feel about how herman cain has responded to all this? and is there anything about his response that would lead her to want to now release whatever other information or messages she has? >> i don't think that -- i think she's saddened by his response, but i don't think it was completely unexpected, and i think that she expected that she
would be spoken of in a disparaging way, and she was disappointed in the way that he spoke about some of the other women who have -- who have made concerns known and so she expected the same. and i don't think that her point of view is that she should respond tit for tat. i don't think that's the kind of person she is. >> ed buckley, i appreciate your time tonight. >> thank you, sir. still ahead, the syrian government still not letting journalists into the country. but a few have been able to sneak inside including the bbc's paul wood, smuggled across the border from lebanon with volunteers running guns to the opposition. we'll talk to him about what he saw, next. tonight "crime & punishment" an angry judge throws the book
at dr. conrad murray, saying he's dangerous and has no sense of remorse. the question is, are he serve his full sentence? our legal panel weighs in, coming up. tdd# 1-800-345-2550 let's talk about fees. tdd# 1-800-345-2550 there are atm fees. tdd# 1-800-345-2550 account service fees. tdd# 1-800-345-2550 and the most dreaded fees of all, hidden fees. tdd# 1-800-345-2550 at charles schwab, you won't pay fees on top of fees. tdd# 1-800-345-2550 no monthly account service fees. tdd# 1-800-345-2550 no hidden fees. tdd# 1-800-345-2550 and we rebate every atm fee. tdd# 1-800-345-2550 so talk to chuck tdd# 1-800-345-2550 because when it comes to talking, there is no fee. [ woman on radio, indistinct ] ♪ bum-bum ♪ bum-bum, bum-bum, bum-bum ♪ ♪ ai, ai, ai ♪ bum-bum ♪ bum-bum, bum-bum ♪ [ ice rattles rhythmically ] ♪ [ imitates guitar noise ] the redesigned, 8-passenger pilot. smarter thinking. from honda.
[ slap! slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum tum tum tum tums ah, agents, i don't know if you've heard, but our training organization was recently named the "best in the world." nice little pat on the back. ahhhh! [ chuckles ] ah...that's good, that's good. that's, uh, that's...fun. it is, after all, a celebration for all of us. [ male announcer ] we are insurance. ♪ we are farmers ♪ bum, ba-da-bum, bum, bum, bum ♪
the report is based on interviews with victims and witnesses, u.n. observers were not allowed into the country. the syrian government has also kept reporters out. but the bbc's paul wood just managed to get in. he was muggled into syria from lebanon with volunteers running guns to the opposition. i'll speak to paul in just a moment. but first a look at what he found. >> reporter: syria's border with lebanon. we're traveling with men taking in guns to a growing insurgency. they enter syria. the area's heavily mined, and full of army patrols. a man was captured here just hours earlier. into homs. the syrian army is all around. they'll probably shoot if they spot us.
the suburb. the people are hemmed in by the security forces. the fear is suffocating. >> remarkable dangerous assignment. paul wood from the bbc joins me from london. you were there when a small number, five or six, syrian army soldiers, low level army soldiers, actually did defect. what did they say about why they defected? >> i mean, it was a story we heard all the time from whenever we met free army people, they would say we were told by our officers we would be fighting terrorist groups, then we came to homs and found that we were firing on our own people. more or less every single day we saw these defections. it is not an easy thing for them to do. typically you'd hear gunfire and
that would be people literally having to fight their way out of their bases. in homs one evening we saw a firefight with tracer arcing over the buildings. this was five men who had made it out. the sixth had not. he was shot trying to do that. a very difficult thing for them to achieve. and, of course, once they do that, they're out with their weapons and they become part of the armed opposition. >> what is it like being in homs? i've seen it through cell phone videos of people being killed by syrian security forces. it's been under siege. what's it like actually being there? >> it was difficult to get in, first of all. the city is ringed by checkpoints. and they have built a large berm with a ditch, which is supposed to stop the motor bikes that the opposition and the free army, as it calls itself, is using to run guns and medicine into homs and bring the wounded out. first, you have to sneak in on foot. there's random and unexplained gunfire. we were taking a tour with some of the activists and passed in
front of a checkpoint and we heard automatic fire going over our heads. did a quick u-turn, took shelter behind a building, then a few minutes later a teenaged boy was rushed past in a car with very ugly looking wounds to his knee. there's a feeling of constant siege, constant pressure, constant tension. a feeling that the army will come in at any moment and kick down the door. and one of the very sad and upsetting things that happened while we were there was that a 6-year-old boy was shot dead by a sniper while he was playing on his doorstep. of course, that is a very narrow view of the sunni protesters in one part of homs. homs is an ethnically divided city. i should say that while we were coming out, state television was showing a christian mother who said that her child, a 9-year-old, had been shot dead in similar circumstances. people who remember the balkan wars, it felt like sarajevo, atmospherically, the kind of images we were getting. and that always in the
background, that sectarian question hanging there rather malignantly and pointing the way to what might happen in the future in syria. >> a very troubling comparison. paul wood, thank you for being on. extraordinary work. thank you. we'll check in with other stories. isha is back with the 360 bulletin. >> britain is serious consequences after iranian students stormedite embassy in tehran. they caused extensive damage according to britain's foreign secretary. they blasted iran for failing to protect the embassy as international law requires. days after iran's parliament voted to expel him. in egypt's tahrir square at least several people were hurt in nighttime clashes between protesters and vendors. at least a dozen gunshots were reported. the violence came on day two of historic parliamentary elections that will continue over the next several months. vice president joe biden is in iraq.
his surprise visit comes as the last american troop there's get ready to depart by the end of the year. the casey anthony trial was the number one searched news story of 2011. that's according to microsoft's search engine bing. they released a top ten list. osama bin laden's death was number two followed by hurricane irene. do you know the number one most searched celebrity? >> no. who? >> pretend you care. >> let me guess. does the name begin with k? >> no. >> okay. who? >> if i say the words baby, baby, baby, will that give you a clue? >> oh, justin bieber? >> there you go. >> see that? not the kardashians. >> you never know when fame will find you. for nicole harris of el paso, texas, who was at the gym on a treadmill, this is going viral so we call her dancing queen. she started treadmill dancing when she hurt her knee and heard that sideways walking on the treadmill can help that.
>> she's got moves. >> i would find that distracting running on the treadmill it if she was doing that next to me. >> i find running on the treadmill fairly distressing anyway. so maybe that would be -- >> that's kind of cool. yeah, i definitely would be distracted. i would then be looking at her and i'd fall off the treadmill which is always painful. >> then you'd end up on "the ridiculist." >> wouldn't be the first time. >> no it wouldn't. >> we'll collect in with you later on. serious stuff ahead. dr. conrad murray's sentence in the death of michael jackson. the judge threw the book at him. but it doesn't mean he'll be in jail long. our legal panel weighs in on that, mark geragos and marcia clark. also coming up, a major development in the case of robyn gardner, the american woman missing in aruba, presumed dead. the only suspect in the case no longer in custody. we'll tell you why he was let go, ahead. [ woman ] my boyfriend and i were going on vacation,
some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates. try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first, it's been re-engineered with micro-particles. second, it enters the bloodstream fast, and rushes relief to the site of your tough pain. the best part? it's proven to relieve pain twice as fast as before. bayer advanced aspirin. test how fast it works for you. love it, or get your money back.
the other office devices? they don't get me. they're all like, "hey, brother, doesn't it bother you that no one notices you?" and i'm like, "doesn't it bother you you're not reliable?" and they say, "shut up!" and i'm like, "you shut up." in business, it's all about reliability. 'cause these guys aren't just hitting "print." they're hitting "dream." so that's what i do. i print dreams, baby. [whispering] big dreams. agents, what did we learn here today? that lint balls are extremely flammable...
...that's why it's important to regularly clean and inspect your vents. correct. [ male announcer ] we are insurance. ♪ we are farmers ♪ bum, ba-da-bum, bum, bum, bum ♪ will be giving away passafree copies of the alcoholism & addiction cure. to get yours, go to ssagesmalibubook.com. "crime & punishment" tonight. a judge threw the book at dr. conrad murray, sentencing him to four years in jail for the death of michael jackson. the maximum punishment. jackson hired murray to be his personal physician. he trusted murray with his life. instead murray violated the trust, became involved in a, quote, cycle of horrible medicine, that's what los angeles county superior court judge michael pastor told the courtroom today. he spent 30 minutes explaining why he was issuing the harshest sentence possible. here's some of what he had to say.
>> the court has determined that the appropriate term is the high term of four years imprisonment. i do so because, once again, i find that dr. murray abandoned his patient. dr. murray repeatedly lied, engaged in deceitful misconduct. he has absolutely no sense of remorse. absolutely no sense of fault. and is and remains dangerous. >> here's the thing, though. murray will likely serve less than half of his sentence. let's talk about that with mark geragos and marcia clark, who is also the author of "guilt by association." so, marcia, your reaction to today's sentencing? >> i have to say, it's no surprise. we were all predicting that he would max out, conrad murray, at
the top term of four years. and also because of the realignment sentencing laws now, he's not going to go to state prison because he's not considered a violent felon under the laws that have now been enacted. so he's remanded to the custody of the sheriff which means l.a. county jail and perhaps house arrest. >> is that just? >> that's it. that's all that we can really do. and of course, don't forget, involuntary manslaughter only carries four years. and it always has been allowed to be given what we call halftime, good time work time credit of 50%. in that sense the sentence is exactly what the charge is, you can't ask for more than that. but the actual place he does the time, that's because california's prisons are bursting at the seams. >> you can hear the anger in the judge's voice. he was angry about the recording the doctor made when he was barely conscious. do you think this was a fair
ruling? do you think he should have received the maximum sentence? >> well, there's a bunch of questions in there. number one, did i expect it to be four years? absolutely. did i think it was a fair ruling? given the fact -- i mean, there is this backdrop that he could have been charged with what we've discussed before, anderson, implied malice, second degree murder, where he would have faced a life sentence, so he got a break that way. would somebody else have received this sentence or been prosecuted to this extent? i don't think so. i think but for michael jackson, he wouldn't have had the resources that were expended. was this judge frustrated? i think that he actually was and i think you can hear it. his voice betrayed the fact that he was disgusted by what happened here. and so i'm with marcia, i don't think that there was anybody who was around the court system who thought for a second that he was going to get a minute less than four years.
>> conrad murray attorney said that maybe his appearance on the "today" show in a documentary were not a very good idea. do you think that's an understatement? do you think those appearances hurt him? >> talk about an understatement, anderson, really, you think? yeah, horrible idea. why would you do something like this? it really just kind of underlines his self-centeredness, his remorselessness, his sense of entitlement, his sense that he did nothing wrong. it underlines every bad thing that you can imagine of what a judge looks at in sentencing. and one of the primary factors that a duj look duj judge does look at sentencing of liability and responsibility and remorse. and what he did in doing the documentary and making these appearances and these denials of culpability, he shows no remorse at all. any judge will be frustrated with that. >> a sense of remorse can have an impact on sentencing? >> yeah, absolutely. one of the things you always here is there is no remorse or there is remorse.
if somebody pleads early on, if somebody accepts responsibility early on, if somebody says yes, i did it, what i call confess and avoid. that's the whole nature of the term confess and avoid, you embrace it, you say i did it. that's something that's a huge factor under the rules of court and it goes a long way with judges, and to some degree it mollifies people who have been wronged, gives them -- i know the favorite word now in the victim's right movement is closure. nobody ever gets closure if there's no remorse. >> mark geragos, marcia clark, i appreciate your perspectives tonight. thank you. up next, another case we've been following closely. a man held in connection with the disappearance of robyn gardner, he's a free man tonight. we'll tell you why. the latest on the lotto drama in connecticut. are these guys the true winners? that's ahead 37. you name it. i've tried it. but nothing's helped me beat my back pain. then i tried this. it's salonpas. this is the relief i've been looking for.
salonpas has 2 powerful pain fighting ingredients that work for up to 12 hours. and my pharmacist told me it's the only otc pain patch approved for sale using the same rigorous clinical testing that's required for prescription pain medications. proven. powerful. safe. salonpas. is all the wrapping a gift needs. wait a minute...i... [ laughs ]
here's some other stories we're following in our "360 business bulletin." jim boeheim gave his first news conference since bernie fine was fires sunday. he's not worried about his job status. police investigating child molestation accusations against his former assistant. when asked whether they regretted speaking out in support of fine when allegations surfaced here what happens boeheim said -- >> i supported a friend, that's what i thought i did.
i'm proud that i did. i think if you've known somebody and worked with somebody for -- worked with them for 36 years, known them for 48 years, you went to school with them, i think you owe a debt of allegiance and gratitude for what he did for the program and that's what my reaction was and so be it. >> gary gee dan know held in connection with the disappearance of a maryland woman in aruba is now a free man. he's never been charged in the case, and the judge rule head can no longer be kept in custody. as for the missing woman robyn gardner. she was last seen in august when she went snorkeling with giordano. joran van der sloot, the man long suspected of murdering natalee holloway in aruba has filed a lawsuit against authorities with the chilean and peruvian government and the father of the woman he is accused of killing in lima. he's reportedly seeking $10
million, claiming his rights were violated when he was nabbed in chile and hauled to jail in peru. a new jersey man suspected in death of his 2-year-old daughter was arrested today inization by atask force. the fbi issued a nationwide man hunt. american airlines parent company has filed for bankruptcy reorganization. the airline posted a profit in only one quarter since 2007 and has lost nearly $5 billion over the same time period. anderson, there's lotto drama in connecticut. the day after three asset managers claimed the largest powerball jackpot in the state's history, a pr executive acting on their behalf is denying that there's a fourth win wore wanted to be remain anonymous. the men netted a payout of 103.5 million. google maps, android
launched today. it has a new feature that lets you figure out where you are and the way you might want to go inside buildings they've mapped. google has partnered with more than 25 major businesses that handle large crowds, including airports and retailers. the feature lets you switch between full plans for different levels and most important, it can locate bathrooms and atms. anderson? >> "erin burnett outfront" at 11:00. >> we're going to continue talking with latest on herman cain, whether he's making a decision on getting out of the race in the next couple of days. the niece of martin luther king is our guest tonight. she's known herman cain for the past 11 years, she spoke with him today what he's thinking and she's has a specific reason believing him. an amazing story of forgiveness and redemption. the oklahoma city bombing, which claimed hundreds of lives, a
woman tonight who lost both-of her grandchildren, she's been corresponding for the past seven years with terry nichols who is in jail and she talks about why she chose to forgive him. that's coming up at top of the hour. coming up, a guy in vermont makes t-shirts in his garage and threatened by a major fast food corporation. time now for the ridiculist. congratulations. congratulations. congratulations. today, the city of charlotte can use verizon technology to inspire businesses to conserve energy and monitor costs. making communities greener... congratulations. ... and buildings as valuable to the bottom line... whoa ! ... as the people inside them. congratulations. because when you add verizon to your company, you don't just add, you multiply. ♪ discover something new... verizon.
[ slap! slap! slap! slap! slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium rich tums goes to work in seconds. nothing works faster. ♪ tum tum tum tum tums nothing works faster. usa prime credit... this peggy... hi, i'm cashing in my points... peggy? no more points - coupons now. coupons? coupons. coupons? next, you convert coupons to tokens. tokens?
then you trade tokens for credits. and then i get the cash? then you call back. bye bye. peggy? hello? what just happened? want rewards that make sense? switch to discover. america's #1 cash rewards program. it pays to discover. ♪ you want to save money on car insurance? no problem. you want to save money on rv insurance? no problem. you want to save money on motorcycle insurance? no problem. you want to find a place to park all these things? fuggedaboud it. this is new york. hey little guy, wake up! aw, come off it mate! geico. saving people money on more than just car insurance.
time now for the ridiculist. tonight we're adding a david and goliath story we call chick-fil-a versus the t-shirt guy. in this corner chick-fil-a with more than 1500 locations and sales totaling more than $3.5 billion. in this corner, bo muller moore, a guy in vermont who makes t-shirts in his garage. some of his t-shirts read eat more kale. and chick-fil-a does not like that, no, sir, not one bit. the company is threatening to shut the guy down because it says that eat more kale is too close to its eat more chicken slogan and will confuse customers and dilute its brand. >> this is ridiculous. >> couldn't have said it better myself, t-shirt guide. he sells his t-shirts on his webside and also emblazoned with words like cheese, compost and free range. he says it is all about eating healthy and supporting local
farmers. and he tells new england cable news that chick-fil-a's argument doesn't make a lot of sense. >> t-shirts and chicken sandwiches. apples to zebras. >> you've never sold a chicken sandwich if your life? >> i have not sold a chicken sandwich, and will not. >> this is a chick-fil-a chicken sandwich and this is kale. now, i don't know, you can make the call. i don't even know what kale, frankly. on his web side bo said he's one man with one squeegee and that's how he likes it. chick-fil-a states its corporate purpose to glorify god by being a faithful steward of all that is entrusted to us. and it's true, the company has been entrusted with the care of a whole herd of cows with dubious spelling skills. ♪ you notice at the end there chick-fil-a's other slogan, we didn't invent chicken, just the
chicken sandwich. they invented the chicken sandwich? really? i think maybe the earl of sandwich might have had a little something to say about that. unfortunately, he's been deceased since the late 1700s. maybe chick-fil-a can go after him as well and start using a new slogan, i sue dead people. in any event thank to al gore's invention, the internet, there's a petition to support the t-shirt guy. currently has 10,000 signatures. in the petition t-shirt guy says this isn't the first time that chick-fil-a has come after him. in 2006 he got a cease and desist letter from the company demanding that he stop using the eat more kale logo and send the company all of his t-shirts. back then he got his own lawyer and the company backed off and he said he's willing to do it again. >> it is not going to be an easy fight and it's not a done deal, and it's going to cost me a lot. hopefully it won't cost me my business. >> keep fighting the good fight, t-shirt guy, because when it comes to epic battles involving esoteric trademark law, we'll root for a man with just a squeegee and a dream.