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tv   CNN Newsroom  CNN  February 28, 2012 12:00pm-1:00pm PST

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>> who better to cast a thief than a thief himself, in character only, of course. it doesn't hurt for the fbi to use a little star power to put the spotlight and raise awareness on some very real financial crimes. so what the fbi has done is chosen gordon gekko aka michael douglas to do a little public service announcement that you just played for us. douglas is talking and he says it is movie is fiction but the problem is real, and the problem he's talking about is insider trading. and although it's glorified in the movie "wall street," the psa reminds people that insider trading is illegal, and he asks viewers to report any suspicious insider activities, and it's relieving to see him do a whole turncoat thing in this ad. brooke? a lot of news happening. watch this.
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just minutes from now, ohio's school shooting suspect, t.j. lane, will be in court, and we now know just in the last hour we have found out that the weapon used in the shooting was a ..22 caliber handgun, and authorities said he told authorities he stole the gun from his uncle. more on that in a moment. witnesses say teenager t.j. lane has shot five people in the chardon high school cafeteria. this was monday right around 7:30 a.m. students daniel parmentor, russell king and demetriu demetrius hewling were killed. two other kids are still in the hospital. >> we don't know where the shooter is. there is a four one down in room 200. >> i want to bring in ted rowlands. he's just outside that courthouse and will be seeing
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this young man appear in less than half an hour. tell me, do we know specifically what the purpose of today's court appearance is? >> i'm sorry, brooke, i think you asked about the hearing coming up, and that is expected to be very short. the purpose of the hearing is to check the status for this young man, his detention status, whether or not he will be held, and then the question of will he be treated in the eyes of the law as a juvenile, he is 17 years old, or will he be treated as an adult? we suspect the prosecution will ask for him to be treated as an adult given that he is 17 years old. >> you alluded to the weapon this accused gunman used. not only do we now know he told authorities he stole it from his uncle, but we know where they found it. >> yeah, we're getting a much better picture about the weapon
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that was used yesterday morning, and this is coming from a law enforcement source from tnn's seu susan candiotti. it was basically aa 22-caliber handgun. the weapon was reportedly stolen from his uncle. that is what t.j. lane apparently told investigators, and the key there is he is apparently talking to investigators and is giving them information, so we may find out even more in the next few hours when this court proceeding happens, and then at a 4:30 eastern news conference where the prosecution and sheriff investigators say they will be taking questions and do plan to provide more information to us. so we're getting a much more
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clear picture of the actual crime here, and specifically about this gun. >> ted, stand by for me as we're getting new information. we actually now have a photograph. i want to show this. this is t.j. lane, this is a photograph from our cleveland affiliate wews. it's a photograph that shows t.j. lane and what appears to be three members of local law enforcement escorting him inside that juvenile courthouse. as we sit and look at this picture, and this is the first image we've seen of him after this entire ordeal from yesterday morning, ted, it strikes me as odd that they are allowing a camera inside this juvenile court appearance. >> reporter: yeah, you know, it is a bit odd. the judge, though, has signed off on this, and we have our camera and we'll serve as the information. this photo was taken just recently outside the building
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we're at right now. he was being transported through this building from another facility, and i can tell you the security was very heavy in and around this courthouse. they had deputies everywhere, and this is a desperate shot you're looking at right now of a young man, t.j. lane, being escorted into the building for his upcoming hearing which will take place in about 25 minutes. >> and just to let our viewers know, as you mentioned, we do have a camera inside that courthou courthouse, but we will be watching what happens in the next couple minutes as far as when we see him, what exactly happened, protocol, et cetera. we'll bring that to you live as we have crews, of course, inside the courthouse, ted rowlands standing by outside. ted, and let's pull up the plain dealer's picture. they have this die gram. as far as what you gleaned of exactly what happened when this student caulkwalked inside this cafeteria. it was study hall, apparently, and it looks like, as eyewitn s
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eyewitnesses said, he appeared to be targeting this group. >> it's from the surveillance videotape and from the witnesses we've talked to coming forward. we're getting a clear picture of specifically what happened. if you look at that die -- diagram, you can see he walked into the cafeteria, then he reached into a backpack, pulled out a gun and went directly to the table on that die gram. he then shoots them at point blank range, and we now know that three of those four young men have died from their wounds. he then walked outside the area, starts going toward the exit, and apparently on this tape we see him shoot another victim, a
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female victim, and at that point, he is being chased out by the teacher we've heard all about, mr. hall. on this tape you can apparently see him then shoot at the teacher as he is walking swiftly out of the room. clearly they have the evidence in this case. that is not the problem. what we really don't know, though, is the motive. what led this young man to do this yesterday morning and change the course of so many lives in this town. >> as far as the why, as far as the motive, ted, i know it's 4:30 eastern time they're going to be holding a news conference. prosecution will be talking and perhaps that will shed a little light on the motive. in the meantime, ted, we won't let you get too far as we'll bring up those live pictures as soon as we see t.j. lane inside that courthouse. ted rowlands, my thanks to you. this community, it's just absolutely beyond belief. three people now killed in this
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school shooting. listen to the superintendent. >> chardon is a special place. many of you got to see that today and yesterday. and you'll see it some more in the days to come. this has touched a lot of people, a lot of families. i happen to be a graduate of chardon high school. i met my wife here. most eerie feeling in the world was walking down the halls yesterday, running down them, in response to the incident we had. the ems, fire and law enforcement were well prepared, well planned and executed. they carried out the plan.
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now we move to another important phase. and while the investigation continues and we still look for the why and what and who, we now deal with a community looking to heal. my five-year-old grandson last night wanted to call my niece, a chardon high school student. he asked her, are you okay? simple words from a five-year-o five-year-old, are you okay? and she said, yes and started to cry. we have a community asking, are you okay? we need to get that message out.
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chardon, geauga county, ohio is rallying like nothing we've ever seen before. the hope and encouragement has been unbelievable. >> as i said yesterday, and i mean it from my heart, hug your kids. kids, hug your parents. you news media, when you get the chance to get home, do the same. we're not just any old place, chardon. this is every place. as you've seen in the past, this can happen anywhere, proof of what we had yesterday. again, i thank law enforcement. i thank my good friend dan mcclellan, the sheriff, good friend glen mckenna, the police chief, and everybody else who
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works with them. the people are too numerous to talk about right now, and to be honest, i can't remember a lot of their names right now, but as i said, please take this home with you. talk to your children. don't text them, don't facebook them, talk to them. this is a wake-up call for all of us. many of you are parents that have cameras in front of you. please take it to heart. i mean it from my heart. >> just a quick reminder, we should be getting a live signal inside the court in a matter of minutes, so stay with us for that as we will be seeing the suspected gunman t.j. lane inside this county juvenile courthouse. meantime, just in, this story out of the pentagon here. again, pictures of this young man who has been escorted inside. as far as the pentagon goes, we're told some of the remains of the people who died on 9/11, they were sent to a landfill. back after this quick break. to get my profile out there.
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the pentagon today has just revealed that some of the remains of some of the 9/11 victims ended up in a landfill. i want to go straight to the pentagon to chris lawrence. chris, a landfill? how? how did this happen? >> brooke, here's how it happened. these are remains that were either so small they couldn't be identified or so burned they could not go through dna analysis. so what happened was they were cremated. after the cremation, they were put in steel containers and then handed over to a medical waste contractor. that medical waste contractor basically dumped them with some other medical waste and incinerated them. what was left was then taken and dumped at a landfill, and that
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is what we are hearing for the first time. we knew about the problems with some of the servicemembers' remains, but this was the first time the pentagon has publicly admitted that the victims who either worked in the pentagon were on the plane that struck the pentagon, or were on the plane that struck shanksville, pennsylvania, were also some of the remains that ended up in the landfill as well. >> we talked about arlington national cemetary, other va cemetaries. are we learning about this because of that story? >> reporter: you're exactly right. all of this was precipitated by the investigation of what happened to those servi servicemembers' remains. basically they had already admitted that between 2003 and 2008, the remains of nearly 300 servicemembers ended up in a landfill. again, these were unidentified remains of these servicemembers, but the families were not told
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that this was happening, and the investigation came about because the military wanted to get to the bottom of some of the problems that go over and how this could happen. >> what is the pentagon saying? >> reporter: well, pentagon officials got before microphones just within the last hour and seemed totally taken aback, saying they had no idea about these 9/11 remains. it was the first that they were even hearing about it, and really wouldn't even talk about it much. would just say, we haven't had time to look at the report, so for some reason they seemed very, very caught off guard by this revelation. now, as to the actual investigation into the problems at dover, the general who was in charge of looking into that investigation spoke out earlier about how the pentagon has to own this problem. >> the chain of command and command oversight was not properly conducted. technical oversight was almost
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nonexistent, rules, regulations, et cetera were not properly understood. >> reporter: just to a quick point, in 2008 gilbert sort of changed his policy, so any remains from that point on that are identified, they are then buried at sea. but this new revelation about these 9/11 victims obviously is going to open up another, you know, entirely new set of questions about how this could have happened. >> beginning with the conversation we're going to have about this, chris lawrence, at the pentagon. chris, thank you. i want to get back to our breaking story out of ohio, the teenager here, this is t.j. lane. this is an image that was caught by our affiliate wews of cleveland as he was walking in. he has this juvenile court hearing, this initial appearance in a matter of minutes. we will see live pictures. cnn has a camera inside. five victims, three have died, two are injured.
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all right, any minute now, we'll have live pictures inside the geauga county juvenile court. t.j. lane is a suspected gunman who we now know three people have died, two are in the hospital injured. here's a picture courtesy of our affiliate wews. we have ted rowlands outside the
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courthouse, we have someone inside listening as this young man makes his initial court appearance. we also have our legal analyst sunny hostin standing by. when we're talking about juvenile court, and i guess perhaps the question down the road will be if this young man is charged as an adult. for now he's in juvenile court. is it not strange that they're allowing a camera in the courtroom? >> it depends on the state you're in. ohio, as a matter of law, requires a judge to agree to have cameras at a public proceeding, and that includes juvenile proceedings, brooke, so in ohio, this isn't odd at all. they do have a victim witness opt-out, which means during a trial, a victim or witness can say they do not want to be photographed, they do not want to be taped, and they can opt out. but other than that, these proceedings are public in ohio, and so you will have cameras in the courtroom. >> what is -- i don't know if this is a correct word to use --
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the advantage if a judge rules, yes, let's have a camera inside this courthouse. this is obviously a huge, huge case inside this small, tight-knit community. why agree to this? >> the judge doesn't really have a right not to agree because the law requires the judge -- >> got it. >> -- to have these cameras in the courtroom. it's almost out of the judge's hands. but i will say this, we've sort of been talking a bit about whether or not he will be charged as an adult. i've looked up the ohio law, and my research tells me that he will indeed be charged as an adult, because any child over the age of 14 can be tried as an adult and over the age of 16 or 17, using a firearm while committing a felony, that person is transferred to adult court. so i believe today we will see that put into motion, and he will be tried as an adult. he's 17 years old. >> what charges -- and to be
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clear, he has not been charged yet at all -- what charges might he face? >> well, at last report, correct me if i'm wrong, we have two dead and additionally one brain dead. so that's three, and so that tells me he's looking at three murder charges, and let's remember that ohio is a death penalty state, and so he could very well be looking at those very serious charges in this case. >> two questions, one being the big one, the why, the motive. we don't know yet the answer to that and i know in about an hour from now, the prosecution will speak at a press conference, so we should have a better idea as to the why. the other question is, has t.j. been cooperating with law enforcement? we got the news minutes ago that according to a source of susan candiotti's, he has told law enforcement that he did, indeed,
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steal this gun from his uncle. are we to glean that, yes, he is cooperating if he's giving them that information? >> that's what that tells me. typically when you have someone in custody, you have to read them their miranda rights. they have the right not to cooperate and ask for an attorney, so if he is giving that kind of information, perhaps he is cooperating. many people, brooke, are wondering, well, what comes of this after -- if there are any criminal charges, which i suspect there will be, what about his uncle who perhaps wasn't careful enough with his gun, what about other things? incompetent we need only look at the columbine shooting case, it's sort of become a case study and what happens in these kinds of katsz, and dozens and dozens of civil lawsuits came as a result of that, so i think we're going to see litigation in this case for a long time to come.
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>> let's go ahead and pull this up as we're waiting for this live signal inside the juvenile court. we have this image from wews, and this is our first image we have seen of t.j. lane. here's the information we have as far as the weapon goes, and this has really just broken thanks so sources like susan candiotti in the last hour. we know he dropped his gun -- this shooting around yesterday morning around 7:00. he dropped the gun, was based from this guy. six shots total were fired. this is the image from the cleveland plain dealer. this is from the surveillance video. we see two together and one what appears to be down a hallway. those are the victims. the four, one of whom i spoke to
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yesterday, said this man seems to be targeting four upper classmen, we're waiting for the wid fifth victim, to hear word on him. we'll be right back. every day, millions of people choose to do the right thing. there's an insurance company that does that, too. liberty mutual insurance. responsibility. what's your policy? is this where we're at now? we just eat whatever tastes good? like these sweet honey clusters... actually there's a half a day's worth of fiber in every ... why stop at cereal? bring on the pork chops and the hot fudge. fantastic. are you done sweetie? yea [ male announcer ] fiber one.
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all right, minutes from now, we should be seeing the suspected gunman, t.j. lane, inside this courtroom. these are the live pictures we have been waiting for. this is the geauga county juvenile court. it looks like deputies in there. we do not see the 17-year-old suspected gunman. when we do, we'll be talking about it, i'm sure. we do have a reporter in that courtroom as well as ted rowlands standing outside. our affiliate flashed a quick photograph of t.j. lane as he was being escorted inside. ted, do me a favor and set the
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scene for me. i imagine security is tight as this is a high priority case. >> reporter: yeah, i was just up in the courtroom area. it is a very small room. the judge has allowed some members of the media, and as you can see, there are investigators and some sheriff's deputies, also the folks that are outside the courtroom have not walked in yet. but we're going to see in here, more importantly, is this first appearance by t.j. lane, and when we do, we'll get an indication pretty early on, i suspect in this hearing, of whether or not -- a couple things will be decided. the first one will be detention. clearly he's not going to be let out on bail but that will be dealt with. then the question of whether or not in the eyes of the law will this young man, a 17-year-old, be treated as an adult or a juvenile, and we do expect that the prosecution will ask this judge to treat him as an adult.
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>> so we do suspect this suspected gunman, we will know, ted, by the end of this court hearing whether or not they will try him as an adult? is that what i'm hearing? >> reporter: we may not know whether or not the judge decides one way or another, but we should clearly hear the prosecution will plan to go that route. i suspect the judge will ask and the prosecution will respond with a yes in terms of do you want to pursue moving this proceeding to adult court. now, whether or not the judge will make a decision from the bench, that will have to wait and see. he may issue a decision in the coming days and allow the defense, if you will, in this case, the attorney representing the young man to respond in writing as well. what i do expect, we won't get an indication on where this is going in terms of the prosecution request. >> ted, do me a favor and stand by. i want to bring sunny back in.
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sunny, i'm being told your shaking your head over this. why is that? >> only because -- and perhaps ted has information specifically to this case, but my understanding of ohio law, brooke, is that he must be tried as an adult because of the allegations here. i mean, he's 17 years old, he used a firearm while committing allegedly several murders, and so under the law, a transfer is imminent. i don't think that the judge has discretion in terms of whether or not to try him as an adult. but perhaps ted has -- he's on the ground, so he may have information that is pertinent to this case. >> ted, quickly, t.j. lane, do we know where he is at this moment? is he just in a holding cell somewhere off this room? >> reporter: i could not see where there would be a holding when i was up on that floor.
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you saw that picture. he's obviously in the courthouse right now. he arrived here probably about 45 minutes ago, so he's being held somewhere inside there. i did see what appeared to be some family members, some people that were obviously distraught. they were ushered in by sheriffs' deputies and put into a separate area away from the media waiting area. they were brought into a back room. i don't know for sure, but looking at their faces, and i've attended these hearings before, it look. and they just want to see this initial court appearance. ted, do you have an eta of when this court appearance will get going? >> reporter: we anticipated it would start right about now, but as you can see, they are not ready to do so, so they're still
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bringing, whether they live a few minutes away for a more significant one, it's real hard to tell. it's going to have to be in the next few minutes, people don't want to be sitting alone and waiting. >> let me get you, ted, to go back to the news as far as this weapon, this .22-caliber handgun. it shows maybe he is cooperating if he told law enforcement where he got the gun, and two, where the gun was found. >> what law enforcement officers told cnn that it's a .22 semiautomatic handgun, and he shot at least five rounds with this shotgun. he apparently told investigators
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that he stole this gun from his uncle. if he told them that, he likely is cooperating on some level which really will make a big difference in terms of getting to the question. these devastated people want to know why. what led these people to do what they did. we also know at this point, there are additional. things were purchased legally a few years ago in this area. >> i know, ted, you're on the ground, you're talking to people. we talked to a young man who is 15 years of age. danny helped me calm here, how
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he focused on this alleged shooter. >> it was clear to me he was aiming right at them. he was two feet away from me and he was shooting at them. he wasn't randomly shooting anywhere, he was directly aiming at the four of them. >> he said he appeared to be directly aiming at the four of them, ted. you know a little more as far as what exactly happened during that study hall hour, that 7:00 a.m. hour at that particular high school. what do you know? >> well, this rings true with when he was going there and targeting a specific group when he actually pulled a gun in the cafeteria. we're getting more information as well from are reviewed some surveillance tape.
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according to the sheriff and the police chief, they have a very good surveillance tape from inside the school which actually shows what transpired. and according to this witness that had seen the surveillance tape and talked to the cleveland plain dealer, the main newspaper in cleveland, they say that this shooter, this young man, came into the cafeteria, sat down, pulled out a gun and walked directly to a table where these four young men were sitting, at very, very close range. >> let's look back at those live pictures. it looks like perhaps an indication that t.j. lane's appearance is imminent. sunny hostin, what should we expect at this appearance? this could very, very.
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>> it must be your range, and we're going to find out whether or not he will be detained or whether it will where u three potentially, premed tatd murder charges, and that would expose him to the death penalty because we are talking about ohio. so while it could be a very quick hearing, this is going to be a very important hearing, because we will get a sense of where the investigation is headed, what they believe he did. >> sunny hostin and ted rowlands, stand by. if we do see the 17-year-old come out that door, we'll break at the break, bring you back live. . [ tom ] we invented the turbine business right here in schenectady.
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back here with breaking news. we are looking inside the geauga county juvenile court, the gunman accused of shooting five people inside the chardon local high school. three have died. we have three today killed, students danny parmentor, russell king, demetrius hewling.
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we are awaiting the appearance of t.j. lane inside this juvenile court. we have ted rowlands outside the court, another reporter inside. people are tweeting me and saying this is a young man, and again, he hasn't been charged, but we're talking about the death penalty and he is a minor. could a minor face death? >> certainly, especially if he's transferred to an adult court, and i suspect that's what will happen here. he's a juvenile, he's 17, but under ohio's system, there is no question that there are certain exceptions that sort of automatically require a transfer to an adult system. and i believe this would qualify for that. we're talking about three victims, murder, 17 years old, using a firearm.
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you know, it's clear to me that this will never be tried in a juvenile court. this goes through adult court, and in that sense, yes, it would make him eligible for the death penalty. >> sunny, i've got one eye on you and one eye on these live pictures here as we're seeing more people come inside the courtroom. ted mentioned he saw some family members outside. i don't know if some of these victims families are allowed inside the courtroom or not, but as we wait for 17-year-old t.j. lane to appear, we'll keep our eyes on the others. could he face charges that -- he lived with his grandparents, he says he got this handgun from his uncle. could those other people somehow be implicated here? >> you know, i think the case study in this kind of case has been columbine, the 1999 columbine shooting. people also look at virginia
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tech, and at least in columbine, brooke, so many civil lawsuits came out of that case. i mean, the three people that were found to have provided the guns in the columbine shooting, two of them, i believe it was over a $2 million settlement was reached. the parents of those shooters were also sued as well. the school district was sued. so there is exposure all around. i mean, the question in these sorts of cases typically is, how does someone get that gun? how does a child get the gun? and also, could the school district have done more? and of course we're not placing blame on the school district, we're not placing blame on the grandparents here, but these are questions, i believe, that will be explored if not criminally, certainly, certainly civilly. >> as far as the law goes in ohio, and again, i'm getting these questions why show these images? how come a camera is allowed
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inside this juvenile court, this young man is 17 years of age. you explained that eloquently. please do so again. >> sure. this is a public proceeding, and in ohio, and there are certain states that don't allow cameras in the courtroom, but in ohio cameras are required by a judge in a courtroom. now, some folks, there is an opt out. there is a witness and victim opt out, but the assumption is that these cases will be televised. they will allow cameras in the courtroom absent some sort of objection. so perhaps if t.j. lane's family had objected, the judge would have put in discretion, but the presumption is that in ohio these proceedings are public and cameras are allowed in the courtroom. we've covered a lot of cases out of ohio involving juvenile, and those cases as well have been televised. >> sunny, thank you.
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sunny, stand by. we have a crew inside this courtroom and we have. and ted, i don't know if you're able to see the image that we're all seeing, but can you tell us who these people are? >> yeah. well, they are some that are law enforcement there, the media is in the back of the room. you can see art savinger there. and we believe the defendant in this case is sitting at the far send, if you see those empty chairs. . it more of, like, a conference room when the bench is much
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higher and it's separated from both sides in the jury box. this is a more intimate, very small room as you just stau from the image and what you see there. >> ted, you mentioned you saw family members outside. i'm presuming family members of victims? >> i saw. i saw nnemkadi just inside and outside -- i just saw them inside and outside, and they ushered them away. they gave them a room to be in. whether they will be allowed to be in this proceeding, i don't know, but they were absolutely being taken care of by law enforcement and sort of separated from the rest of us, if you will. it appeared to me, just looking at their faces, that these people indeed were stakeholders,
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they had lost somebody in this or were severely affected by it. >> you bring up a point i would love to pose to sunny hostin, and that is, would that be allowed, to have, potentially, family members and some of the victims sitting inside this room. >> absolutely, no question about it. this is a public proceeding. they would be allowed to be there. this defendant, i suspect, will be heavily guarded by the courtroom deputy in the courtroom. that's something that you often see when you have a high-profile case like this, and there are going to be very emotional people involved in a case like this. but there's no question they will be allowed in this courtroom. >> and again, ted, just to recap again, as we're watching these pictures and waiting for the
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suspected gunman here, t.j. lane, as sunny mentioned, very heavily, heavily guarded. what more do we know as far as procedurally what will happen here in the coming minutes? >> reporter: we're not sure exactly what will transpire is that a couple questions will be answered. the question will be answered, could this they're sending be eligible for any sort of bail, and i think it's clear that the answer would be absolutely not. and it appears as though it's a foregone conclusion whether or not the judge would make a formal ruling on that or just take that information, but at the end of this we'll get a better idea on how the law will treat this young man, either as
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a juvenile or adult. it appears obviously it will be considered because of the type of crimes. >> what more do we know about this 17-year-old other than the fact he lived with his grandparents. do know what his relationship like was with his parents? we know he was being bussed to the school, so this school where this happened wasn't where he attended. >> reporter: yes. by all accounts this young man has had a tough go of it in terms of his life at home. he has endured an issue with his parents that involved both domestic violence, both his mother and father have been arrested for domestic violence. hi father has incarcerated for domestic violence. in talking to people that knew him, this was the thing that people knew about t.j. i talked to one young girl who
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said she had become friends with him and she actually brought it up to him, was sort of curious about his home life, and he didn't want to talk about it. he changed the subject, but he lived with his grandparents, and his mother on and off, but clearly this young man had difficulty. another one of his male friends said he used to be one of the gang in middle school and elementary school and over the last four, five years he became more of a loner. but the other thing that everybody said is he seemed to be a nice guy, where he would engage in conversation and was a pleasant guy, quiet but pleasant. that's why this community and the people are so shocked. >> forgive me for interrupting. everyone rose. the judge has seated everyone let me saw and see if we can hear everything. >> i do not want any photographs taken of the juvenile until we've had a discussion about the issue of media participation.
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so i would ask that the media please refrain from photographs the juvenile until we've had that portion. i will let you know when you then may and what type of photographs you can take, if any, so please respect that order of the court. as soon as we have the juvenile here, we will start the proceedings, but i want to not have those photographs taken. i believe he's coming down now.
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given. we're in the case of 12 jd 102. present in the court today representing the state of ohio is the prosecutor, david joyce. prosecutor joyce, would you please either yourself or have the folks representing the state please introduce themselves to the court? >> thank you, your honor. russell -- assistant nick berlin, chief from the police depend, and sheriff daniel mcclelland and sharon schroeder from the department.
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>> robert mfarinacci filed with the court today a notice that he is representing t.j. lane, the alleged defendant child in this matter. mr. farinacci is present in the court. mr. farinacci, would you and mr. lane please stand. would you introduce yourself for the court. >> thank you, your honor. may it please the court, standing beside me is the defendant, t.l., to his right is aunt nancy rooney, grandfather and legal custodian jack nolan and aunt gilda spencer. >> mr. farinacci, would you please, either you or mr. lane tell us his date of birth for the record. >> september 19th, 1994. >> september 19th, 1994. mr. farinacci, would you confirm that t.j. is a resident of geauga county, ohio?
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>> yes, your honor, he is. >> the purpose of this hearing is a detention hearing purnell to juvenile rule 7. a detention hearing is required after a jewel has been placed and the hearing has to be held within 24 hours of the placement. the court will note that t.j. was placed in detention at 1645 hours yesterday february 27th, 2012, and this hearing has been conducted within the 24-hour period. before the court will be the issue of whether or not until the rule that the child taken into custody shall be placed -- continue to be placed in detention or shelter care, or if not considered to be a threat returned to his home. before we get to that specific issue, i believe there are other discovery and other issues pending to come before the court. the court will recognize prosecutor joyce. do you have a motion?
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>> yes, your honor, i'd like to move this honorable court place an order refraining all participants from this matter in discussing this case any further with the open media. >> thank you, mr. joyce, mr. farinacci, do you have any objection to that motion? >> no objection. >> the court will note that the motion made be the stay, governs the court admonition to the lawyer. before i issue that order, i do want to also note in a minute we'll talk about the media's access to the proceedings as they go forward and that the court understands the serious nature and the right of the media to cover this proceedings, but the court would admonish the media to try to be careful of the accuracy of facts as they are portrayed to the public, for our ultimate goal is to make
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sure the public understands the truth of the action, but we do not want the proceedings to be used to mislead the public. that having been said, the court issues the following order. the defense counsel and prosecuting attorney are hereby restrained from issuings in public comments about the pending status of this case. the court will enforce it with the criminal and civil orders. pending further order of the court. it's my understanding that there are two exceptions. one exception is that prosecutor joyce will be having some explanation after these proceedings, and i have talked with attorney farinacci that if he feels inaccuracies have been stated by the media, that he will submit to the court a response for the court's in camera review. if the court thinks it's appropriate to keep the facts
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straight in this matter, the court would authorize such release of information. is that correct, mr. farinacci? >> that is correct. >> is that correct, mr. joyce? >> that's correct. >> one other issue before we get to the detention issue. multiple media sources, i believe we're up to 47, have asked to participate or appear during these proceedings. the court is well aware of the case law on this issue, including the case that involved this court 12 years ago. members of the media should have received a copy of the order that the court issued this morning, february 28th, 2012, that spells out the rules for media participation in the court as well as should have filled out a form, an application and received a copy of the court's local rule 13. under the order that was issued today, first of all, the court has determined that the media will participate in the proceedings subject to the limitation of that order.