im to say all of that? no, he's right though... >> thank you so much for joining me today. i'm carol costello. cnn newsroom continues right now. hello, everyone. i'm ashleigh banfield. i want to go to tampa, florida, whose couple's grandchildren were snatch and whisked off to cuba are about to speak live to reporters. earlier today those boys, chase and cole's alleged kidnappers, their own parents named josh and sharon hackin, appeared in court. it was via video teleconference from the county jail. a jail that they're not going to be leaving for at least a few more days, and possibly a lot longer than that as well. i'm joined now by cnn's viktor blackwell who has been on this story all weeklong. as well legal commentator danny

sovalis. >> i understand we may actually see the children along with their grandparents at this live news conference that's scheduled to happen at my moment. >> yeah. any moment right now. we've been told by the sheriff's office here in hillsborough county that the children will not speak. we've been asked not to ask them questions. only the grandfather, robert hauser, will be taking questions. patricia, his wife, won't even speak. joshua broke into the home, as he is alleged, and took those two children, and we know they ended up in cuba. what happened between we're still trying to figure that out, and that will likely come out in court where those two parents were today. >> we're looking at some of the video as those parents were brought back, and brought in to custody for the first time. this first appearance, what exactly happened?

what was laid out? >> you notice they're in red jumpsuits, and behind them they're in orange. we know the red jumpsuits are because they're segregated from the general population. the charges were not read today. neither joshua headachin or his wife, sharon, spoke. this was just about assigning a public defender. they both have the same public defender. chuck trana, and also special prosecutor here and moving forward. there is a pre-trial detention hearing scheduled for monday in which they will be actually transported to the courthouse to determine if they'll be allowed to bond out, but considering the charges, unlikely. ashlei ashleigh. >> my next question exactly. given the fact that they have a history buying a boat and addingly ab skonding with children, the flight risk issue would be quite an issue. let me bring in danny on that. you and i were just talking within the last 48 hours that we didn't think this would even happen, that we would see them perhaps in a u.s. jail, but what

do you think the odds that those parents will get bail? >> you said it already. bail is not supposed to be a punishment. it's designed to insure that people come to their trial. are they a risk of flight, or do they pose a danger to the community? well, it would be a hard argument to a judge to say, hey, these people who may have helped someone out with a shotgun allegedly and taken kids from them, and then absconded, not to another state. to another country which we have no extradition treaty. it's going to be hard not to argue that the safety of the community is at issue or these two are not a risk of flight. however, one thing that concerns me at this stage is the appointment of public defender to both. we may see one party saying, hey, i was just as much a victim as the kids. i was scared for my life.

we may see that. i would be interested to see what could happen if he or she can continue to represent both defendants. >> yeah. danny, just the notion that we're waiting to hear the salgs the grandmother was tied up in order to facilitate this kidnapping and trip to cuba. in that respect they are still parents of sharon hauser. do we know if they will be able to work with prosecutors and have a say in how justice actually is carried out? >> we don't know. their primary role is, as we know, where parents -- parental rights are terminated, those parents -- the original parents they don't have any superior rights. they have no rights anymore. i know it sounds very hard for people to believe, but if you have your parental rights

terminated, the grandmother, whoever the new custodian is, has superior rights. she will be a complaining witness to the prosecutor and will absolutely maybe whether or not it's her desire to testify against her daughter or not, whether or not it's her desire to to so, she may be compelled to do so by the government or by the prosecution in this case because she is the chief complainant. she's a critical witness. not only because she was tied up at gunpoint, but machine two, because the children that were taken were under her primary care. >> it's such a tricky area when you fwet into family law. victims have say. they do work in conjunction with prosecutors. >> do we have any idea about how they feel about their granddaughter and her husband in this case? >> when they spoke on tuesday

night when the couple was arrested and the boys were on their way back, they read a statement that wasn't very long, and they thanked all the law enforcement officials, even the authorities in cuba and those praying for them. they have not spoken specifically about how they feel about their daughter and their son-in-law. they were just happy that the boys were back home. >> let me just ask you, viktor. i'm want sure anybody knows the answers to this question right now. as we look at the charges that are being laid out against both sharon and josh, sharon is facing kidnapping, interference with child custody, and child neglect at this point. josh has additional charges of false imprisonment, battery, and grand theft auto. do we know about any kind of charges relating to the flight leaving the country with those kids? >> there was a federal charge of flight to avoid prosecution. we've asked questions and are

still waiting to get the answers. if that was in reference to the charges in this case that had been filed against joshua or if they were related to a case in louisiana in which joshua is charged with going to a foster home where his children were held in july of 2012 with a gun trying to take them back. we're still getting the answer to that. so far this is the list of charges. we're working to get filings that happened in the last hour and a half ago because of this proceeding this morning. >> let me interrupt as we continue to watch for the parents of sharon to take the microphone and address us outside of their home in tampa. i want to switch gears as well to irving, texas. we have breaking news. i have very little information. let me tell you what i do know. that traffic incident that you are seeing there courtesy of our affiliate wfaa is actually an overturned bus. there are reports that we've been getting there may be some people trapped in that bus, and

it's hard to make it out. you really have to sort of look in the midst of all of those emergency response vehicles that have -- that come -- that have come to the scene. it's on president george bush turnpike. if you know the dallas area well, irving, texas, is just slightly north of the downtown area of dallas. it's also where the cowboys used to play. it is an extraordinarily busy -- the freeway system all around north of dallas and going into the irving area is an extraordinarily busy freeway area. it also takes you out to dfw airport too. there is frequently a lot of traffic in that area, but here we have -- again, i can't tell you anything else i know about this turnpike wreck, but we do know that there may be some people trapped in that bus. let me just ask quickly if we know if there is a tourist bus or if it was a transit bus. do we have that information? we don't have that yet. we're going to continue to scour our sources as well through the thats area. let's go back to tampa where the grandparents are now coming out of their home. bob and patricia hauser taking

to the microphone to address us after being reunion i'd with their grandchildren. >> good morning, everybody. thai for coming. i've had a bad cold also this week, and i do not have much voice today so, i will try to shout as loud as i can. we, again, would like to thank the hillsborough county sheriff's office and all the law enforcement and government agencies that worked so tirelessly around the clock to bring our grandsons home. we really don't appreciate all that they do until we need them, and all the sacrifices they and their families make for us. they took such good care of us that we feel we just made a bunch of new friends, and i want

to thank them all. they're all right behind us. >> thank you. couldn't have made it through without their support. we also, again, would like to thank the state department and the cuban government for working so quickly to bring our grandsons home. had he called us from cuba and let us talk to the boys before the plane even left, and, believe me, many tears were shed in that room from us and this group you see here. then we just became elated ask could not wait for that plane to land many tampa. the many prayers and expressions of care and concern from our family, our friends, our co-workers, our neighbors, and

complete strangers. are what got us through this, and we thank you all. we would also like to thank all the people who diligently looked for sightings and calling in tips. and, of course, we thank you, the media, for getting out the manufacturings. keeping the story out there. i personally appreciate your patience with me. i know you are all concerned about me and wanted to hear from me, but i could only concentrate on finding my grandsons. as you can see, i am doing fine. as you know, they were able to rescue the boys' family dog also. naty is a 15-year-old rat terrier. we had her checked out

yesterday. excuse me. she was suffering from dehydration and ear problems. along with ailments related to old age. we wanted to bring you out and let you see her, but she's on medication resting comfortably, and we do hope she'll be fine. we didn't want her to hear all of this and see all of this. at this time we choose not to answer questions about the ongoing investigation, nor to dabble in any speculation. we will not be doing any more press conferences, interviews or making any public appearances. we appreciate all your concern and good wishes, but we would like the phone calls, messages and knocks on the door to come

to an end. we are trying very hard to shield the boys from media coverage and we want them to get back to their normal everyday schedules and just be carefree little boys again. they were evaluated yesterday and have been well cared for on their journey. only experiencing several bug bites. we thought you would like to meet them and see for yourselves. they will not be answering any questions, nor making any comments, but you can take photos if you want provided they cooperate. they have been told that everyone heard about their sailboat trip to cuba, another country, as they called it, and their airplane ride back to america, and that everyone wants to take their picture. we ask that there be no mention

of any events of the past week. thank you so much for your cooperation. we will now take a few questions and then we'll bring out the boys. thank you. you're welcome. >> can you tell us a little bit about what the boys have told you about the trip? >> we have not asked the boys anything about the journey. they have been briefed. we are just letting them tell us as things come out if they feel like talking. we are just treating it as they went on a vacation. >> what's the first thing you said to them when you actually -- did you give them a big hug? did you tell them i love you? >> all of that. all -- it was a big group hug. everybody had big group hugs and kisses, and they were so happy to see us too. >> the moment that you realized that you would be seeing them again, what was that like for both of you? what were you saying? what were you doing? >> we were just smiling from ear to ear and hugging each other and just couldn't wait for that

plane to come. then we came and saw all you guys. >> what are their personalities like? >> cole, the old one is very bubbly, talkative, will talk to anybody, loves to sing, and the other little guy salgts more laid back because he is a little younger, but he is also very talkative, and they're just like little boys. they're very active, love to play, love to play with their cousins. >> how do you move forward? >> we just move -- we just go forward. that's all you can do. we're just going to go back to our normal lives and do everyday things that we always did and treat it like another adventure, just as we did on the trip to louisiana. >> what's the plan going forward now? you have custody of the boys, correct? >> we have custody of the boys. neglect forward will be done -- >> is that an adoption or anything beyond -- >> we really have -- it just

happened, and we really need to get the state of louisiana. we don't know what's coming forward. any more? >> what's going forward as the boys get older and -- have you thought about how you will talk to them about this experience and where their parents are as they get older? >> we haven't got that far yet, but i'm sure that we will have plenty of professional help. >> is there a picture of the dog that you can maybe share with the media later on? >> we'll work on that. >> we'll work on that. we can maybe get a picture taken. >> how do you feel about having two little boys in the house again? >> you know, these are just two wonderful boys. we saw them very frequently before all of this started. you know, we're very close to them. we've always been very close to them. while initially it was a little

bit of change of lifestyle for us, having the boys here is just amazing. i come home from work at the end of a bad day, and the two of them will come running up hugging and kissing me. bubba is home. bubba is home. it's just wonderful. we wouldn't trade it for anything. we love these two kids. >>. >> well, i think that's -- as my wife said, you know, we still put the plan together for what we're going to do moving forward, and working with the state of louisiana and the state of florida as to the procedures and the process. i never realized it was so complicated. >> you're also getting a real education right now, right? >> i'll tell you, i have repeated a number of times that you never expect something like this to happen to you, but i'll

tell you, going through it, you just take one step at a time. our focus has been on getting those boys. now our focus is making sure that they can go forward and they can lead a normal life. in the meantime, we've met a lot of new friends. i've northeast -- i guess it's a good thing -- never had any dealings with the hillsboro county sheriff's office. i'll tell you, they're amazing. just amazing. i think living in this county, we're blessed to have, you know, such a great sheriff's department and all the other people we've met from all the agencies has been phenomenal. >> what can they tell you to try to keep your ears and your panic down while you're waiting to learn the fate of your grandkids? >>. >> i think they were just there for us.

they were understand and knew what the situation was. when you are in the middle of a nightmare, it's hard to do a whole lot, but they were right there with us the whole way. all the prayers and support that we received from people, from neighbors, friends and family and co-workers and people we don't even know, that was a comfort also. you know, we found that very comforting, and we knew it would get to them. >> you are one set of grandparents. have you spoke tony joshua's father at all? what are his thoughts on all of this? >> we have spoken to the other grandparents. i don't know. you would have to talk to them. >> okay. >> you mentioned thatture not asking them a lot of questions, but when they talk about their vacation, is there anything that they are fondly remembering? anything that they particularly talked about? >> no. >> did they say what the plane ride back was like? i know they were sleepy. >> they slept most of the way. >> they haven't said anything.

>> did they like to see their parents? >> we haven't discussed it. >> what are they like to you? what are they like in your eyes? >> they are a 2-year-old and a 4-year-old. they're both very, very smart kids. it's amazing how smart they are. you know, they have the toes. they love their toys. the youngest one loves his little trucks and plays with them all the time. you know, the older one is into more, you know, 4-year-old games and playing and, you know, they're just typical 4-year-old boys. >> go get the boys now so you guys can get some photos. >> they are going to go get the kids and bring them back. please be respectful of your photographers beside you. they're going to bring the kids up here. of course, they're going to be running around, so don't get crowded up in here on them, and that way you guys will all have an equal shot on it. they'll be out here in just a

few minutes. >> so a couple of things to highlight for you as we wait for bob and patricia hauser to bring out those two boys. chase, age 2, and cole, age 4. she highlighted these men and the people that are with them and essentially said right off the bat i think i've just made a whole bunch of new friends. the law enforcement agencies, the sheriff's department, and all those people who worked tirelessly to bring those children back and bring back their parents, joshua and sharon who are now facing a littany of charges. a couple of rules that we were told as media outlets before this news conference was agreed to. no questions for the kids. that was just clear and obvious. let's listen to some of the -- you're not going to hear questions, but let's hear some of the natural sounds of the boys as they come out.

sfwroo this is cole. say hi. >> hi. >> hi. >> thanks for coming out to see us. >> thank you. >> what do you think of all the cameras? pretty cool? >> yes. >> you said your grandson likes to sing. is there the next "american idol" right there? >> could be. grandpa is teaching him all the old songs. puff the magic dragon and stuff like that. [ laughing smchlt [. >> you're going to pose now. >> want silly pictures?

you silly, huh? >> lay down? >> what do you guys think of all these cameras and big microphones? pretty crazy, right? >> they got little cameras. they love to take pictures. >> is that mater you have there? what truck is that? is that mater? >> you have mater. >> all right. what's that guy? does very a name? >> just a car. >> just a car. all right. mater and just a car. >> okay. say bye to everybody and say thank you for taking our picture. >> thank you. >> bye. >> bye-bye.

>> good job. >> thank you. >> thank you so much. >> thank you all very much. >> really appreciate it. >> thank you. >> god bless you all. >> all right. as we watch the hausers heading back into their home with little chase and cole, chase, age 2, cole, age 4. they do not get cuter than that, folks. my lord. they look healthy. that's what's critical there. very kind of the hausers to give the media a look at those boys because one of the critical issues here was that perhaps these boys would be mistreated. they lost the parental rights, their parents. that was an issue. it was such an issue that we were told that when that plane was sent down to pick up those boys in cuba, there was a medic on board. those boys were checked out by a

medic before they even landed on u.s. soil, and you heard their grandmother, patricia hauser, say, you know, everything seemed to be pretty good, but for a couple of bug bites, which if you are on a trip to cuba on board a boat, you might get a couple of bug bites. here they are just moments ago being brought out hand in hand with their grandparents bob and patricia hauser. they are so young. it is hard to know what these children can possibly know about the ordeal that they have been through. they probably just know they were on a vacation to cuba at this point. if they even knew about cuba, but right now simultaneously their parents are wearing bright orange jumpsuits and are being processed at the hillsboro county sheriff's department at the jail there, having made a first appearance in court, and facing a littany of charges that could see them put away for the rest of their lives.

all before the trip to cuba. after this international incident, in which, thank god, these kids are okay, that is going to be a tall order if they ever do, you know, clear any kind of very lengthy sentence. i want to go to viktor blackwell, who is standing by outside of the hillsboro county sheriff's department with some other news. viktor. >> we just got an update in which we got it to see these two young boys. the pretile detention hearing that was scheduled for monday has now been moved up. it is tomorrow at 10:00 a.m. it will determine if the couple will be allowed to leave the jail here in hillsborough county before their trial or not. again, as our legal expert has said and as many people will probably expect, it's unlikely considering the charges in this case. one other thing, we mentioned the federal charge that have been filed of a flight to avoid

prosecution. that has been dropped in an effort to streamline the case. they're deferring to the state charges and kidnapping charges two for each joshua and sharon. they could spend the rest of their lives in prison just on those two charges alone. >> it doesn't get more serious than this. just ask o.j. simpson. this was the exact scenario that o.j. simpson faced in nevada, and he was put away for i think upwards of 26 years. i might have plus or minus four years there, but if i can bring you in on that, danny. the possibility that even more charges can be added to the extraordinary roster they're already facing. that is real, isn't it? >> oh, sure, it is. a prosecutor can amend charges and just based on what we've heard so far, you don't even immediate to know the florida code to than there would have to be other potential charges that these two are facing. again, like i said, look for in the next few weeks for one of the parties, mother or father, to claim that they were at the -- they were at the mercy,

hostage themtsz, and that will be -- that leeblg will be one defense. as far as charges we haven't seen the beginning of them, and at this stage the prosecutor is not bound with any charges this they levy against them now. they can always amend later on as long as they do so well before trial. >> all right. danny, thank you for that. viktor blackwell is continuing to follow this story as well. now as he is reporting, we'll have a hearing tomorrow. that's what you call quick justice. >> there were reports of people being trapped in an overturned bugs on the troy. apparently we're being told that this was a bus en route to some of the casinos north of dallas.

this is the area that's not far from the old texas stayed wrum why the cowboys used to change. traffic in both directions has been shut down for all of these agencies who are responding to handle. you can see what a disaster that looks like. initially reports had come in that several people were trapped on this bus. a local cbs report had come out that there were 34 people on the bus. another remarkable fact that was emerging from this breaking story was that 15 of the people according to cbs, who were on board that bus were actually transported via air ambulance. there are a number of hospitals even within a five to ten minute freeway drive of thestein you are looking at right now. you can imagine the severity of those injuries if they had to

airlift that many of the people on board that bus to a hospital. a lot of agencies on scene. we'll keep you posted on washl a lot of breaking news. we're going to scour our resources and get you updated with even more after this break to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ we know the value of your at ueducation of phoenix is where it can take you. [now arriving: city hospital]

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. >> just wanted to keep you updated. these pictures coming to us considerate si of our affiliate ktvt in dallas, texas, just north of the dallas downtown area. >> it's an area called irving, texas. there's a whole labyrinth. this is on one of the freeways. an overturned private tour bus. >> apparently they were in serious condition according to cbs, and 15 apparently taken by air ambulance to local area hospitals and dozens of responders in that area. traffic in one of the busiest -- i have to say having driven that area for four and a half years,

one of the busiest systems of freeways i have seen in my megalopolis, and that would cause quite a difficulty for the people of dallas and irving and also halves apparently a tour bus that was headed north to oklahoma. headed for the casinos. this was a bus owned by cardinal coach line just south of the dallas area. again, headed to the casinos up in oklahoma. we're going to continue to follow that story as well. and just as we didn't have enough breaking news, we are also watching a live shot of the u.s. senate, which is right now trying to take up a gun violence bill that's inspired by the horrors in newtown, connecticut. prospects for overcoming a gop filibuster on that bill, that threat, well, the prospects got a lot better today. this time yesterday when a gop senator stood with the democrats to unveil a compromise on gun buyer background checks. if supporters of the measure that also include a gun

trafficking ban and school security funds can muster at least 60 votes, 60, the magic number, then the senate can actually get on the debate and vote on the bill i was and the numerous amendments that will follow. we're watching for that magic number to be reached. that's cloture, folks. it means -- let's go live. they're going to announce some of the results. >> majority leader. >> i appreciate everyone's cooperation. >> you don't even need to hear it. you can see it on your screen. yeahs 68. that means they have achieved that important number to move on, move on and get on with it congress and go ahead. there will be no filibuster if what i see on my screen is accurate. we'll continue to watch that story as well. since we're talking about it, since we're talking about gun legislation, probably appropriate to talk about gun violence. in the united states it's in the news every single day.

i am getting very sick of it personally. the united states outpaces every other country in the developed world in gun related murders. countries like israel and turkey and chile and britain, and every one of these shootings has a story behind it. a story to tell. they've got victims and families and friends and co-workers. everyday here on this show we are now going to be committed to telling you those stories about the real gun violence. our crime and justice correspondent joe johns is kind enough to join me now with a couple of these stories. first, joe, if you could just lay out for me to start with, you know, it's hard to -- now we're at two hours. to give awful the details behind these stories, but start with your first one. >> that's true. ashleigh, you know, good morning. these reports that we see coming through here are staggering. they're frequent. it's a problem americans are witnessing firsthand. both in major urban areas as well as small towns, and while

police officers face gun violence daily, guns aren't ordinarily what the citizens or first responders expect to see on the job. take a look at this first story. you probably heard about the case in metro atlanta within the last 24 hours. a gunman in apparent financial ruin took four firefighters hostage. we now have the radio communication between when the firefighters alerted their dispatchers that there was a problem. listen. >> we're in a situation where we have a -- an armed person, and he is requesting a certain -- certain utilities to be turned back on at his house, and he is armed, and we are in the room with him. >> oddly calm and sort of matter of fact there after several

hours and growing fears that the guy with the gun might harm the firefighters. law enforcement officials ended up shooting and killing the suspect, and hishz a story about a chicago store owner fighting back against would-be robbers. it's all caught on video. two bad guys have a very bad day. they tried to hold up a chicago souvenir shop and they shot the owner in the leg, but he fought back. 62-year-old grabbeded a bat and started swinging. one of the suspects accidentally shot his accomplice in the leg. he limps out of the store. the gunman jumps over-the-counter. the owner's brother-in-law throws a chairty other robber and chases him with a fire extinguisher. the owner is recovering from his injury. police are still looking for those guys. what a scene to catch on video. ashleigh. >> oh. i can't take my eyes off that video. >> yeah. it's just unbelievable. >> for one thing, look, if

anyone finds themselves in a circumstance facing down a gun, while that may be extraordinarily brave, it can also get you killed. >> yeah, for sure. >> a baseball bat is just no match. thank god. yeah, joe, thank god he is okay. my lord that is violent. let me turn to something violent but just remarkably tragic in the nature of little children being involved now and gun violence. what do you know about this next story? >> right. this is just a truly tragic story out of toms river, emergency new jersey, the new jersey star ledger reports today that the families making funeral arrangements tomorrow for 6-year-old brandon holt. he was shot earlier this week by a 4-year-old neighbor as the two boys played a pretend shooting game. the 4-year-old reportedly goes into his house returning a few minutes later with a loaded .22 caliber rifle that had been left unlocked and within reach of the toddler. the neighbors are just still trying to make sense of this

tragedy. >> they were just here for easter dinner, and always smiling, always laughing. the cutest, cutest little boy. >> this is, you know, something that shouldn't have happened. i mean, it's horrible. >> brandon was shot from 45 feet away and died later in the hospital. the star ledger says the young shooter's family had recently moved into the neighborhood. now the prosecutors are looking into this case to determine whether or not any charges are going to be filed, ashleigh. >> joe johns, thank you. i'm sorry that task is morbid and difficult, but it is important. it's important for people to know what is happening in this country daily. joe johns reporting for us, and i want to take you back live now to irving, texas. there's a news conference that's getting underway with details of that overturned bus. let's listen in. >> we have two that are confirmed deceased right now. the passengers have been taken

to hospitals throughout the metroplex. we have agreements with several fire, police, ems, that kind of thing. they're working to get the folks triaged. that's what you have seen in the live shots. that big yellow tarp that's out there, they're assessing injuries, determining who has the most serious injuries and then shipping those folks off to various hospitals depending on the severity of their injury. >> we were told that it's a cardinal coach out of mansfield, is that correct? >> i don't have any information on the name of the coach or carrier or anything yet. that will all come out in the investigation. they were headed to one of the casinos. i do know that. other than that, that's all i have for now. >> do you know where they picked everybody up this morning, where they started? >> i don't have negotiation as to whether they picked everyone up or initiated. we're still on the emergency management kind of a stage while we're tending to those injured. investigators will talk to the witnesses, the injured parties, and such. >> what happens now? i mean, this is a major freeway, 161. this is a tollway and 161 merges. it looks like it's all toll road, but it's actually -- this seconds is a texas state highway

because it was built before the toll road. what happened now? how long does it stay closed? what would you advise drivers bho don't want to use this to do? boo we're going to keep the roadway closed until we have the investigation complete. we'll come out and do what he this call map the scene. they're going to take very specific measurements so we can figure out what happened and where every was at the time of the crash. we would encourage everyone if they're planning to take this home for a lunch meeting or something this afternoon, stay off of 1 of 1. it's going remain closed for some time. it's going to be closed for a while. >> the two people you say are deceased, were they taken to the hospital? did they die en route? >> i don't have that information as of right now. aye just been informed that there are two deceased. >> where is the ambulance taking the almost two dozen other people? >> the other folks are transported in the command staff for the fire department and ems to make a determination as to

the severity of the injury, where the people are trrd transported. they're being taken to various hospitals throughout the metroplex. they determine whether it goes via ground ambulance ory ambulance depending on the severity of the injury. >> do you know how many went by air or ground? >> it's way too early for me to have that. they're still down there, when i came up to meet with you folks. they were still down there assessing injuries and getting people transported. they had ambulances lined up. i can't tell you that right now. that will come out later. >> i understand dart was president to service bringing the bus out here to remove people. were they going to hospitals or taking the less injured back to where they started? do you know what the function of the dart bus was? >> i don't have that information. if it's going to be a medical issue, that's probably going to be taken care of, but if we have people that were uninjured, that's where we call on the assistance of the dart folks to get people to a safe location. >> how important was it to have a mass casualty plan in place and to have all this -- all these other -- sorry. looking for the word. >> we're fortunate here in the

metroplex to have a very well trained fire, police, ems organization. they train well together and train together routinely for mass transit accidents, hoping it never happens. if it happens, like this afternoon, they've been trained and they're doing their job really well. >> did this they do that here many this instance? did it go according to plan when they found out the severity of this? >> we are working with what they call a mutual aid agreement, and when that happens everybody comes running. that's, again, we're very lucky here in the metro area to have the help of the police, fire, ems, everybody working together. >> sergeant, thank you very much for your time. we are out here live still for this accident. again, we have fatalities here. an unknown number at least at this position. an unknown number of people who have gone to local hospitals. some in critical condition, we're told. two of the people have been transported -- one was transported by helicopter. the rest have gone by ground

according to sergeant. this highway is closed right now, and because of the fatalities, it's going to take a long time to do the investigation. it's likely to remain closed most of the day. we will certainly be here to keep people manufactured of what's going on, and bring you the very latest as we try to get our arms around the enormity of this tragedy out here in irving. live in irving, i'm bud gillette, cbs, 11 news. >> again, bud gillette reporting for us from our affiliate ktvt. we're also getting additional picture from wfaa. you can see the significance of this accident and you have also heard after now two dead, several injured, and i believe that statistic was one taken by helicopter to one of the local area hospitals. the significance of these thoroughfares being closed down is nott a small issue. north and east of dallas, text teshgs that is an extraordinarily busy series of freeway arteries, and you heard

that trooper say they will remain closed until this investigation is done, but if you have ever been in that area near texas state, the former text technical stadium, the tollway and 161 where they merge, it is going to be a very difficult day for those in dallas, texas, to be able to get around and obviously families waiting to hear about the conditions of their loved ones who were injured in this crash in two tragic stories of those two who are deceased as well. more weighs get it. meantime, a call from the defense secretary to overhaul the court-martial system that's been in place in this country since the 18th century. we're going to look at what the changes would mean, why it all came about, and changes for the accused and the victims of sexual violence in particular. before local farmers and employees became secret ingredients... before rock star chefs were playing to packed houses every night... two restaurateurs sat down with our banker

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zimplt lieutenant colonel james wilkerson was sprung from a military prison last year. he pleated only four months of a year-long sentence for an aggravated sexual assault. how did the dangerous offender get out so soon? a fellow general dismissed his conviction. tossed it out completely. there was absolutely nothing illegal about that. because it turns out there's a strange little exception in military justice. it allows a commander to have some extraordinary powers that date back to the british empire. now that power may be crumbling. in a new push to overhaul the entire court-martial system. joining me now is steven raiser,

a defense attorney and a former prosecutor and a judge advocate general, we all know now as a jag. i thought of you because the first thing i was trying to try my head around why it is something called a convening authority, which is essentially a commander, has such extraordinary power. why in the first place does that exist? >> well, he's tasked with the responsibility of creating an atmosphere of control and discipline in the military. so in other words the buck stops with him. and he wants to make sure that his command is under his control. and there is literally nobody in that system that can override his opinion as to what the case requires. >> totally legitimate argument, however there is still a series of things you have to do in order to exact justice. we don't do summary justice in civilian courts. we don't do summary justice in military courts, but that's a summary justice. >> in a way it only screams that way in one direction because what happens is he decides whether or not the case goes forward to begin with.

the case goes forward and then it goes -- it's in part out of his hands. once the trial begins, he's no longer part of it. so the trial begins and then a verdict is reached not by the commander but by a panel, a jury in essence. >> and then he can come in at the very end and say, you know, i'm not too fond of that outcome. >> that's exactly right, however he cannot change the verdict from a not guilty to a guilty. but he can modify the sentence, and he can modify the verdict downward. >> so he can downwardly depart from what the jury of the peers decided in that action? >> correct. >> in that process. >> yes. >> and that is a bit similar to civilian justice, isn't it? don't judges also have the authority to downwardly depart from not only verdict but sentences? >> well, a judge can't depart from a jury verdict. the jury verdict stands. the only time there's some narrow exceptions to that -- >> well, i'm just thinking off the top of my head. the british nanny accused of shaking the child in her care, the judge actually said no to the jury verdict. >> well, that's right.

that's something that can be done. it is extremely rare. and it is based upon a review by the judge that would be subject to appellate review which indicates that the evidence was so sparse that no jury could have found a guilty verdict in that particular case. what's interesting in this case though first of all the military does not work that way. the commander does not need to give any justification and certainly not justification such as that. in fact, in the commander's justification in this particular case he indicates that there was in essence a prima facie case. in other words, the prosecution if you believe their theory of the case, they proved their case. he just felt that there wasn't enough evidence. so in essence -- >> so juries are the finders of the fact, you know. >> he overruled that. that's the problem. that's what screams for changing the system. >> you have to come back because if what, you know, the pentagon now wants to do is such a huge overhaul and stop this from happening, i want to see what it

looks like. will you come back? >> absolutely. >> steve raiser, thanks very much. i appreciate it. i'm cutting you off early because i have updated information on the bus crash in irving, texas. we're being told 36 people in total were taken to the hospital after that bus overturned. and i also know from the trooper interviewed live by bud gillette, the reporter f eer fo affiliate that just did that for us, at least two died. they did not survive their injuries. we're continuing to watch for updates on that as well. we also know that the helicopter flights were enacted as well to get people closer and quicker to the area hospitals even though ambulance traffic would have been fairly quick from that particular location. going to take a quick break and update you when we return. ess d. and she's not exactly tidy. even if she gets a stain she'll wear it for a week straight. so i use tide to get out those week old stains and downy to get it fresh and soft. since i'm the one who has to do the laundry. i do what any expert dad would do.

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these cool sliders. what's this one do? i dunno. ♪every rose has it's thorn score planner is free to everyone. free score applies with enrollment in freecreditscore.com bret michaels slider still in beta. in colorado the larimer county sheriff's office is in a bit of a pickle stemming from a marijuana bust that they thought they were doing the right thing. the trouble is there was absolutely nothing illegal about caleb young's pot plants. he was licensed to grow medical marijuana. even though he provided documents proving that, they took away all of his plants. to make matters worse, they let those plants die while they were being held in evidence. and now caleb wants the next

best thing to his plants back, he wants the sheriffs to pay up to the tune of nearly $250,000. i want to bring in attorney rob corey representing caleb young. rob, thank you for being with me on this. first and foremost, in any case evidence is gathered, is the issue that the sheriff gathered it and he was acquitted? or is the issue that the sheriff gathered the pot plants and didn't look after them while they were being held in evidence? >> the issue is that the sheriff destroyed the value of the property before they got a conviction against the man they were trying to prosecute. and they never got a conviction, obviously. a jury exonerated mr. young completely, found he did nothing illegal. so at that point normal principles of justice say the person gets a not guilty verdict, the person gets all of his or her property back and everyone moves on. in this case the property was destroyed and the value of it was destroyed prematurely. so we're asking for

compensation. and the numbers that we're using are law enforcement's own numbers for the value of these plants. >> okay. about $5,000 a plant, right? >> that's what they say. >> do the math. >> that is correct. >> let me ask you this, i don't think anybody would argue that the evidence was destroyed and it was destroyed in the possession of authorities. the only issue i want to ask you about as the defense attorney here is the federal law says that you're not allowed to grow pot plants. and that would effectively ask the sheriff deputies to be growers if they were supposed to sustain those plants, they would have to break federal law, isn't that right? >> no. that's not a legitimate argument. federal law also says it's illegal to possess marijuana. so obviously the police possess marijuana. they took marijuana into their possession. but the bigger issue is local law enforcement has an outright exemption from federal law in the performance of their duties.

so the performance of their duties if it is to acquire evidence then they won't be prosecuted under federal law. and in all of the tens of thousands of marijuana seizures that have happened in this country by local law enforcement authorities nationwide not once ever has a local law enforcement officer been prosecuted by the federal government for possession of marijuana even though police take possession of marijuana every day all over the united states. >> rob corry, thank you. fascinating case. i look forward to finding out how you prevail. you'll have to come back and update us and join us. thanks very much. >> i'd love to. thank you. >> that's all the time i have. unfortunately i'd love to talk to you forever, but i have to pause now because "around the world" is coming up next. welcome to "around the world." i'm suzanne malveaux. >> and i'm michael holmes. hello everyone.