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tv   CNN Presents  CNN  January 28, 2012 5:29pm-5:52pm PST

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i embedded myself with the dea. >> the dea is fighting an uphill battle. how do they feel about it in terms of resources? >> obviously they'd like to bring more resources tos fight. it's a very tough, very professional organization but the power of these cartels which are effectively operating as multi-national corporations with supply chains and distribution seas cente centers, the head of the cartel was on the forbes list. these are very, very powerful organizations and they're very hard to combat. >> that's frightening. i learned a lot, though. i'm glad you're back safe and sound. >> great to see you guys. >> up next, was it murder or miscarriage of justice? the story of two families torn apart by a deadly shooting. they want a big hat...ike ...'scuse me... ...or a big steak...
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i'm don lemon. here are your headlines this hour. police have arrested some 19 protesters at a massive occupy oakland protest. the occupiers called this move in day. they were trying to take over a vacant building but police ruled it an unlawful assembly and moved to contain that crowd. police did use smoke and tear gas on the crowd. we're following the story very closely for you. >> a medical mystery of of leroy, no. a number of students are
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servicing from uncontrollable twitching and verbal outbursts. now environmentalist erin brock vich is getting involved. she is conducting her own investigation and believes the bedrock and ground water could be contaminated. those are your headlines this hour. we're going return to "cnn presents" right after this. c'mon dad! i'm here to unleash my inner cowboy. instead i got heartburn. hold up partner. prilosec can take days to work.
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try alka-seltzer. it kills heartburn fast. yeehaw!
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our criminal justice system is based upon the promise of a fair trial. >> but what if a trial isn't fair? what if the prosecution has stacked the deck against you unfairly? >> we bring you the story of a man who is now sitting in prison, maybe for life, even after the trial that put him there was found bay judy a judge full of holes. >> i was convicted of second degree murder with depraved indifference in 1997 and i was sentenced to 20 years to life. >> new york city police officer richard served 11 years in prison before a judge tossed out his conviction and he was sent home. his friends and family celebrating his release. >> when you walked out --
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>> it was surreal. i couldn't believe it. my ankles weren't shackled and i was like, wow, this is real. >> a free man, he spent two years rebuilding his life. he got a job, an apartment, a wife. then just as suddenly in a twist of the criminal justice system, it was all taken away. >> i still cannot adjust being back here. it is difficult. it is difficult. >> richard's bizarre journey began here, dobbs ferry, a charming village 30 minutes outside new york city. on october 3rd, 1996 the small community was rocked by a deadly shooting, triggered over this parking space. the shooter was off duty new york city transit officers richard, the victim, charles cam beshlgs an amateur boxer who worked with underprivileged kids.
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his older brother called him chaz. >> he was a wonderful athlete, wonderful person, he was a christian. loved kids. loved people. all people. >> is it started around 5:00 on a clear autumn day. richard was working behind the count irv his family owned deli. he stopped by to help his brother-in-law and father, richard, sr., who suffered a heart attack. they owned the building and say tenant himself been withholding rent to protest the lack of open spaces. wells, charles didn't know about the issue when he pulled into open spot and went across the street to get a piece of pizza. richie's father remembers that day. >> i asked if i am if he could please move to the other lot. he refused to do it. >> so the deli own did what the
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police told him to do, put a sticker on the wind. here what's they say happened when campbell saw the sticker on his new car. >> listen, i need a cop over here. a fight just broke out. >> he was in the store. he saw him come running across the street. i was like this, he came behind me and he stepped like this and heap put his hands up like this and heap said there's no need for this. >> and then -- >> he hit richie in the face. >> it was like getting hit with a hammer. they were hammer blows. he just was out of control. he was somebody who didn't want to listen to reason or anything like that at the time. >> the fight spilled into the middle of the parking lot as father, son and brother-in-law wrestled campbell to the ground. >> when i went to put my hand underneath his head, he said that's it, i've had enough. so i said to richie, i said it's
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over. we let him up, now whenever i had a fight when i was a kid, it was over, it was over. >> but the fight wasn't over. and what happened next changed everything. charles campbell outnumbered three to one went to his car, but rather than leave he pulled out a bat. this man with a bat in his hands, how much more of a threat did that make him to your father? >> it made him a deadly threat. >> back in the store rich said he saw campbell strike his father not once but twice with a metal bat. >> i just saw him up with the bat and he started to swing. that's when i reached for the gun. >> the off-duty officer grabbed the gun from under the cash register and raced outside, firing three times, hitting charles campbell in the middle of his chest.
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>> somebody was shot. >> from the time that bat came out until the time the incident was over, it was a matter of four seconds, five seconds. and my training just kicked in. >> he doesn't remember the moments immediately after the shooting. only that one of the responding officers handed him the gun and asked for help removing the bullet clip. then he, his father and brother-in-law were taken to the police station. >> we want what? >> justice! >> rumors spread like wildfire that the shooting was racially motivated, confirmed in part by the district attorney. >> there were racial epithets that the victim was cursed at the time just prior to the shooting. that information has been confirmed. >> did you ever use any racial slurs? >> we never used a curse word, we never used a racial -- any racial word at all. none. >> campbell's brother, william,
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was not there but describes events as he came to understand them. >> he's going to probably try to work around to get to his car. that's when richie came out and i think he came out from behind the truck and he said die, nigger die and shot him three times. >> this man said he saw the bat aimed at the elder man. >> full force swings hitting him at least in the legs and almost the head. you could hear the smacks like a block away, that's how hard he hit him. you see your father getting beat with a bat, you're going to do something about it. it self-defense what i saw. >> i remember at one point watching dillan on television saying you see your father getting beat, you got to do something, it was strictly self-defense and i remember saying oh, thank god for this witness. >> we brought murder charges -- >> but that same night district attorney perro charged richard
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with intentional murder around murder with depraved indifference. >> i was like how is this murder? i don't understand it. >> so this is the first time you killed a man. how heavily does that weigh on you? >> i don't think about it. i believe i saved my father's life that day. >> coming up, the trial that outraged a judge. >> was this a miscarriage of justice? >> i believe it was a miscarriage of justice. progressive saved me so much money on car insurance, this baggage fee is on me. did you check that bag? houston? well, welcome to savingsville. did you pay $25 for that bag fee? -yeah. -you did? with all the money i saved on progressive car insurance, i'll take care of that bag fee. you're so kind! thank you! you guys just landed in savingsville. [laughs] yes, we did! you made my day.
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i understand you need a little help with your mortgage, want to avoid foreclosure. candy? um-- well, you know, you're in luck. we're experts in this sort of thing, mortgage rigamarole, whatnot. why don't we get a contract? who wants a contract? [honks horn] [circus music plays] here you go, pete. thanks, betty. betty: we're out of toner. announcer: if you're facing foreclosure, talk to the right people. speak with hud-approved housing counselors free of charge at...
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in the case against a former nypd officers, did prosecutors suppress crucial evidence that could have changed the jury's verdict? one judge was convinced that's exactly what happened. >> richard diguglielmo, sr. is consumed by the verdict that sent his son to prison to serve 20 to life. >> i wish my son was never
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there. whether i got killed or not, it doesn't make any difference to me. what do i have now? my family is torn apart. literally torn apart. where's my son? >> we wanted to talk about the shooting to both the dobbs ferry police department and the then west chester county district attorney jannine perro. repeated interview requests were denied. in her book she says no question the shooting was racially motivated. race dominated the headlines but never came up at trial. instead prosecutors claimed diguglielmo shot charles campbell in a murderous rage. assistant district attorney patricia murphy telling the jury, quote, this is a case about revenge. had is a case about retribution. this is a case about payback. prosecutors argued the father, son and son-in-law ganged up on campbell so that campbell had no choice but to grab a bat from his car.
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>> i know chaz. when he grabbed that bat, the idea of getting that bat was to just show, all right, y'all, back on up, you know, i'm not trying to start nothing here but i will finish it. they kept charging him. so he swung i think once

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