Skip to main content

tv   CNN Newsroom  CNN  May 20, 2013 8:00am-9:01am PDT

8:00 am
hello, everyone, i'm ashleigh danfield reporting live in phoenix at the maricopa courthouse. where in just hours, jodi arias and jurors are set to return. they can find out in as early as a day whether they want to see her die for the crime of killing travis alexander in a most cruel way. we are watching the proceedings here. we are also watching a story in new york. a tragic story of a young and upcoming hofstra university student killed by a police
8:01 am
officer. a police officer who was trying to save her from a potential killer. it is a tragic set of circumstances and so much more to find out. we are on that story for you as well. also, one of the largest payouts in lotto history in this country and still we do not know who it is. who has the one winning tick. we will take you directly to the source and slow you just how close we may be to finding out who the luckiest person or lottery pool in this country just may be. but to the breaking story here at the maricopa county courthouse. every morning jodi arias gets on her stripes and is bussed to this building where she faces a jury. it is getting more and more serious and her days may be numbered in just how long she comes to this courthouse, how long she may be in a cell, how long she may by a live on this planet. because now, it is literally the
8:02 am
life and death question, ted rowland has more. >> she's right here. this is the girl right here. >> reporter: eight men and four women will decide if jodi arias should die. he know what is it feels like. >> i will tell you first hand sitting on a jury trial involving the potential death sentence is a humbling experience. it's almost sometimes beyond comprehension. >> reporter: he sat on a jury last year that decided the fate of david anthony. anthony was convicted of killing his wife donna and stepchildren. their bodies found by a construction crew had been partially dissolved in acid. >> none of us took this potential outcome lightly during the deliberation process. believe me, we were in there deliberating for several days. >> reporter: he says deciding on a death sentence for anthony was
8:03 am
difficult. several jurors initially didn't want to and the vote had to be unanimous. >> there were actually four of them, then three, then two, that really had second thoughts about sending somebody to their death. >> reporter: eventually, he thinks they will all agree. he thinks it may be more difficult because they spent four-and-a-half months in a courtroom with her, including her 18 days on the witness stand. >> i think it could be problematic. i really do. i'll tell you why. she's as articulate as she can be. she's a bright young lady and all it take, as you know, is one. >> our lives will never be the same. we can never get him back. >> reporter: jurors have already heard from the sal sander family. next up, the friends after jodi arias. the last statement is expected to come from ja di arias, the woman whose life is in their hands. >> reporter: i am joined live now by cnn ted rowland and beth
8:04 am
karas. beth, to you, first, we have covered death penalty cases where there is no shortage people will stand up for their friend, their sister, their daughter, their lover. but in this case, we had only heard about two. we may not have that many. what exactly is going on? >> well, because it's televised, because so many people are watching, there is a backlash. there are reports now that patty womack a childhood friend of jodi arias who was supposed to speak today in front of this jury possibly has backed out. what we do know for sure she will not be on live television inthafs so concerned about that. the judge last week issued an order saying when she is talking to this jury, the people watching this trial will not be seeing it. there has been tremendous backlash for anybody supporting jodi arias. that is going to be a factor. if, indeed, this woman doesn't testify, that can be looked at
8:05 am
on appeal. the bottom line is there aren't those pem coming forward for jodi arias the high school teacher, the people you see in death penalty case, people that plead for the life of these people. we just are not seeing it with this woman. >> beth karas, are you a former prosecutorment i am sure you know well if a witness doesn't to be to appear because she afraid of backlash from a televised trial. i think that's a ripe appeal. what is the alternative, perhaps that witness does not want to stand up for jodi aria regardless of cameras or anonymity the judge can give her. that's not an appeal issue, is it? >> no. if she withdraws an certainly if jodi arias doesn't fight it and consent itself to it, i don't see it as an issue. we did see her in court last week. she presumably went home. she doesn't live in this area. i know there are reports that patty womack won't be b.c. but she has made appearances during this case on networks.
8:06 am
she did appear on hln by telephone. she has spoken out in support of jodi arias. why she's not doing it today, if that is indeed the case, i don't know. because she is out there already and her image is out there. >> and, ted, when we get to this point in any trial, a defense has an obligation to do literally everything in its power to try to save a client, even if the client doesn't want to be saved. in that respect, this defense has put forth a motion to the judge that the prosecutor shouldn't be allowed to bring forth any witness to testify in this particular phase? first of all, why? and second of all, is there a shot at this? >> reporter: well, basically, they're saying because juan martinez hasn't identified potential witnesses that he should be barred from bringing on a rebuttal witness if, endodi, he wants to after we hear from jodi's friend, now,
8:07 am
from the prosecution's side, they likely don't know who they want to bring on. because they haven't heard what these people are going to say. so if the next person gets up and says jodi did this, well, then they want the ability to refute whatever that person said. that will be up to the judge. a motion has been filed asking the prosecution not to be allowed to bring rebuttal witnesses. we haven't gotten a ruling on that. it's possible. we have to wait to see. we can't predict anything in this trial, ashleigh, because it is day-by-day, things change by the hour. >> it's just been a wild ride. i have to say. i've seen a lot death penalty cases. this one takes the cake. ted rowland, beth karas, i will ask you to stand by. court will be in session today. it starts at 1:00 eastern. as soon as jodi arias john boehner to speak, we're going to bring you her allocution. it could be testimony. she could be on the stand, more than that, an allocution, an
8:08 am
unchallenged comment. we will bring that back to you live. i will be live from 2:00 to 4:00 p.m. eastern to give you this story and give you the breaking elements. believe me, daily, there is some right angle thrown at us at this courthouse. i want to bring you the story out of the south. one person dead now, entire neighborhoods flattened and more tornadoes now may be on the way with severe weather, possibly all the way from texas up to michigan. at least two dozen twisters reported across five different states yesterday, about 300 homes have been damaged or destroyed and in one state alone, oklahoma. another twister touched down in missouri this morning. i want to take you live now to meteorologist chad myers who has been tracking this for us. where is the biggest threat nor anyone watching right now, living in that tornado belt and on the fringes of the tornado belt, who needs to be most cautious today, cad?
8:09 am
>> if you have sunshine right now. if you have a lot of humidity in the air. can you go out and feel your hair frizz and if are you east of a line from let's vacancy city to oklahoma city, anywhere in this area right through here, this is where the humidity is. what i'm kurnr concerned about the morning is it is sunny. you think, it's sunny? that's a great thing. no, that is not good as all. when it is sunny, that means the air is heating up. when it's warm and hot, then all of a sudden it goes straight up in the air with a cold front and some dry air to the west, wanting to push it farther into the sky, so oklahoma city, back towards shawnee, paul's valley, eastward, henrietta, south of there, up into ford smith. that's our danger zone today, probably more tornadoes today than yesterday. we had seven thunderstorms producing 10/20 or so tornadoes. we haven't counted them up yet. some were skipping. there is your zone, there is springfield, tulsa, oklahoma city, wichita falls, down to the
8:10 am
river. we'll be here all night, ashley. >> okay. chad, inow you will keep an eye on that all throughout the day. bring us updates as soon as you know them, please. we would appreciate that. chad reporting live for us. a young college student killed in her own home, shot during a robbery. not shot by the home intruder. instead, shot by a police officer. we're going to tell you how this unravelled, why it happened and what is happening with that officer now. the act of soaring across an ocean in a three-hundred-ton rocket doesn't raise as much as an eyebrow for these veterans of the sky. however, seeing this little beauty over international waters is enough to bring a traveler to tears. we're putting the wonder back into air travel, one innovation at a time. the new american is arriving.
8:11 am
a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week.
8:12 am
but with advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announcer ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free and save on refills at advaircopd.com.
8:13 am
...and we inspected his brakes for free. -free is good. -free is very good. [ male announcer ] now get 50% off brake pads and shoes at meineke. a graduation ceremony is not often a place where it's quiet and thoughtful. instead, it's usually a time of joy, but a moment of silence instead was observed during sunday's graduation at hofstra university. the students and the faculty there were remembering one of their own, andrea rebello. she is the student who was shot and killed this weekend by a police officer's bullet. all a terrible, terrible accident. it happened as she was being held in the grips of a gunned intruder who had a gun to her
8:14 am
head. deborah feyerick is live in new york. deb, if you could restep how this unfolded and how quickly it all happened, so the viewer foe what is the circumstances happened before this woman died. >> reporter: yeah, it happened in a matter of minutes. for a police officer, this is one of their worst fears. this is a hostage situation that end in tragedy, speaking to the nassau county police, a serial criminal walks into the off campus home that andrea rebello shares with her two sisters an two roommates t. intent is going to rob them. thinking quickly, one of the roommates says she will go get cash in the atmt. perp, the alleged gunman says, okay, if she is not back quickly, he will hurt her friend. she leave, calls 911, two officers arrive, one enters the home t. gunman dalton smith is holding a gun to rebello's head. he is using her as a shield as he tries to leave by the back
8:15 am
door. as he tries to leave, he points his gun apparently at the officer and that's when the officer opens fire, not only fearing for his life but trying to save the life of andrea rebello. well the officer fired seven bullets. they hit the perpetrator. one hits the teenage the co-ed. both of them are killed and we did speak with anthony cortez' son john, john was in the house during the ordeal, take a listen, ashley. >> i believe that the perpetrator was about to kill a lady. so the police officer tried to save her life after saving my son's life t. police officer saved my son's life. i owe a great deal of gratitude to the gentleman. >> reporter: the words of praise for the police officer, who police have refused to identify. he is on sick leave and apparently, he is inconsolable. but the real question, ashley; why was a man like dalton smith with a long criminal record
8:16 am
robbery with a gun, he was vielth parole, why was he out on the street? that is the real question today, ash leak. >> and without question, i think that is something that will be parced and investigated, but at the same, deb, you cannot investigate what happened in andrea's house, so at this point with the despond ent, what are the police saying about what they're going to do about this. >> reporter: well, clearly now, this is all under investigation because the firearm was discharged. so they always look at it. it was used. two people died, so clearly, it's under investigation. but right now, police are saying the officer followed protocol t. call came in. it was not a hostage situation, it was a robbery. so the response was different. that, too, will be uninvestigation. why wasn't the tactical team that usually deals with the hostage swigs, successfully,
8:17 am
historically, why weren't they brought in, why were two police officers sent to a location where there was a hostage situation in play, ashleigh? >> right. a lot of questions still to be answered. deb feyerick on the story reporting live, thank you, deb. a split-second decision as you heard deb report, life and death consequences and that is what was facing this police force when an officer decided to enter andrea rebello's home. i want to bring on legal panel, defense attorneys. brian, i want to begin with you, if i can, look, there are a lot of questions we still need to answer to what the police knew before they went into the home. but at this point if they only knew there was a robbery and they didn't know there was a hostage, did this officer do anything wrong? >> well, ashleigh, if the officer thought it was only a robbery, i think there are still solace specs of the apprehension an shoot tag are questionable. first of all, two police officers arriving at a scene, they should never separate from
8:18 am
each other, no. 1. they should be communicating. there should be a primary officer and a secondary aefrs e officer. they're there together to progressive conservative one another. so when one officer goes into the house, the other officer stays outside the house, you are escalating this situation and potentially increasing the peril inside the house. so that is a problem. and that once the officer gets inside the house, realizes, okay, this isn't a robbery, this is a hostage situation, then at that point the officer needs to take a position of cover, never reveal himself exactly where he is with respect to the assailant and try to maybe have a discussion with the assailant before shots are fired. >> i mean, look, i have never been through police training, so i don't know how skilled they become in making all these remarkable decisions under so much pressure and fear in mere seconds, but i can tell you this, any officer who goes into a home knowing there is an armed robber inside is pretty heroic.
8:19 am
i'm just wonder figure there is any aspect. maybe you can weigh in on this. if that officer and his account that is accurate that this assailant pointed his gun directly at him, his only option was to fire, why eight times? does that change the dynamic here, that he fired eight times? >> it might change the dynamic, but i think what we're all discussing is accurate. the minute he saw that that assailant came down the stairs with that woman, he knew immediately that the game had changed. however, if a gun is pointed at him and he feels, fears for his life, he fears that he's going to be imminently harmed or danger or what have you, yes, he had to react, the qui is, what sort of e -- the question is, what sort of training did he have, it was improper to unload eight directions in the direction of the assailant as well as the hostage at the same time. so you have to look into whether or not this guy had training to
8:20 am
deal with this situation and whether or not what he did went along with proper protocol. >> yeah, i think there will be a lot of questions a lot of people will have to answer about this. a lot of legal fallout as well thank you both for your insight on this i want to add one last note about this very, very sad story. andrea rebello is set to be remembered. her funeral has been organized for wednesday. and another story, a jury in total agreement, unanimous, robert red, a man who murdered his house guest. they said it was murder. but the judge disagreed. it is a rare move. it's a courtroom move. our legal experts will explain this one and tell you why it could happen in your jurisdiction, too. a heart heal. that's true. ...but you still have to go to the gym.
8:21 am
♪ the one and only, cheerios make a wish! i wish we could lie here forever. i wish this test drive was over, so we could head back to the dealership. [ male announcer ] it's practically yours. test drive! but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a jetta. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card.
8:22 am
great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card. welcome back. how was london? [ female announcer ] when people talk, great things happen. i
8:23 am
. as murder cases go, prosecutors in southern california were pretty darn convinced they could not lose this case. and at first they didn't and then they did. in a very rare move, the judge
8:24 am
reduced robert redd's murder conviction to voluntary manslaughter instead. it happened last week. then redd was sentenced to just ten years in prison. all of this despite the fact that a jury, a jury of his peers unanimously decided that he was guilty of fatally shooting a house guest in the head no less and then for god measure burying him in back yard. the l.a. sometimes times reports that redd ordered that man to leave the home after he failed to pay rent in the form of meth. so the story gets a little uglier. redd claimed the house guest threatened to kill him. that's why he had to kill him right back. the judge accepted redd's contention he was, in fact, in fear for his life. again, despite the fact the jury said no. joining us are defense attorneys. i think a lot of people might be surprised to find out a jury of
8:25 am
your peers doesn't always have that final fate. can you explain that? >> i think you are right. what people don't often recognize is judges who are actually there throughout the entire duration of the trial, listen to all the evidence, sometimes act not just as a referee and umpire to the calls made during the trial. sometimes they act as a safety net. so if the jury kind of misinterprets the law or is unable to in the judge's opinion render a decision he feels or she, you know, falls along with the facts, then they, themselves, can redouse that conviction him now, it's rare and it should be rare, right? because we all want to maintain integrity of the justice system. we want jurors to feel that their decision that is reached and the hard work they've done is something of value an something that will hold water. but it with does happen, but rarely. >> i would think it would be very unsatisfying to have sat on a panel, gone through all that, only to have the judge say you got it wrong. however, brian, maybe this is
8:26 am
where you can come in. in this particular case the judge sort of downwardly departed from where the jury decide, is there any circumstance where a judge can go up from what a jury decides, say, if the jury says manslaughter, can the judge say, no, first degree? >> well, i think a judge can, ashleigh, but if i might comment on what happened here, you know, i think this sends a bad message to the community. jurors come into a courtroom. they hear this evidence. they make a determination of the fact in the case and a judge usurps that and defies what the jury said. in this case, it has to be a reasonably objective standard on whether mr. redd feared for his life. my understanding of the facts is the zoesed was simply cleaning a gun in a private home. that's not even a crime. they even threatened to kill mr. redd. mr. redd shoots and kills him. clearly, i think this is a bad
8:27 am
message and sends a wrong message to the commune. it undermines our jury system. >> like i said, if i were sitting on that panel, i'd by a sound theed, but it is what it is, right, every jurisdiction is a little different. thank you to both of you. i want to remind you, here in arizona, we're about 90 minutes or so away from the court proceedings getting under way where jodi arias is expected to stand up and speak. we're going to carry it live right here on cnn. who knows whether she's going to beck for her life or beck for her death. it is a very strange dynamic. a true mystery that will only be revealed when that woman appeals to this jury risks what will they do, though, with her word? we will take a look, if they decide to put her to death, who will her new roommates be on death row? that's next.
8:28 am
8:29 am
8:30 am
>> i'm ashleigh danfield reporting live at the maricopa
8:31 am
county courthouse where jodi arias can stand up and address her jury today, all in a last-ditch effort to save her own life. that is if she decides to ask for leniency. we are unsure whether she will. we are in the last phase. it is could the penalty phase, where the jury decides if she should get the death penalty for her murder or if she, instead of being sentenced to death, gets life, either natural life, never leave him or life with some kind of a mix of parole, which is also very tough in this state. if she does get the death penalty, though, she'll have three roommate, really not roommates, because it is a very solitary existence on death row, but there are three other women on death row in arizona, wendy and adriano was sentenced to death in '04 for poisoning her husband and stabbing and beating him to death. there is also debra millke. she was sentenced to death back in 1991 for sending her
8:32 am
4-year-old son off with two of her accomplice, who then promptly shot and killed that child. her case is right now under review because her conviction was thrown out just earlier on this 84. we covered right here on the program. and shana ford is an anti-immigration activist who was sentenced to death just back in 2011 for the shoie shooting of his father. i am joined by legal analysts. it is important to the note one of those three ladies have been sitting on death row for more than two decades. with that in mind, with all of the challenges with all of the questions about whether when you can go ahead and execute, whether you have exhausted all appeal, beth, i'm start with you, how long could jodi arias possibly sit on death row before being executed? >> well, the average time in arizona is about 12 years. however, there are three different areas of review and
8:33 am
appeals for our jodi arias. if she gets death, there will be a lot of scrutiny. she goes automatically to the arizona supreme court. if she loses there, she can ask for a post-conviction relief, with i is kind of an investigation of her case. it could take years. if she loses there, she could go into the federal system on a habia which says i'm being held unconstitutionally and come up with a constitutional question why she could get a few trial or a new sentence of life, not death. that's what debra millke succeeded in getting earlier this 84 t. new trial is ordered. it's on review. se had been on death row since 1990 her kroim was in 1989. if she gets this new trial ordered in 2013. so we're talking more than a decade if she gets death, maybe 15/20 years. unless she withdraws her appeal,
8:34 am
timot timothy mcvey did. unless somebody thinks that is frustrating, annoying, it angers them. we have to remember if we, as a society, we are going to kill someone an sanction that killing, we better get it right. we have many examples of where we got it wrong. so, now, beth karas the big question is, if jodi stand up today. we don't know if she's going to do this orb not, one of the pivotries here, and and says, she has to have an automatic appeal or not if they sentence her to death? >> yes, all, straight to the arizona supreme court. in fact the clerk of courts here has ten days to file the notice of appeal. that's basically her intention to appeal. she will get new counsel because she's indigent will be assigned to her. there are four different agencies in maricopa county which have staffs of attorneys or will farm out like her krnt
8:35 am
lawyers. her current lawyers doan won't do it. that will begin her odyssey and it will go on for a long time. >> okay. jean casarez, one of the women we pointed out in the three potential roommates on death row if this jury sentences jodi to death was prosecuted by juan mart martinez, so he has some history in the particular area, doesn't he? >> he definitely does. you know, an amazing thing about the factual scenario in that particular case is this is a woman who poisoned her husband and stabbed him twrae times. there is some factual issues here that are so similar to this case at hand. now, she's been on death row since 2004. here's what i find so interesting, debra milke, whose case was overturned this 84, currently she is on death row, may, in fact, get a new try. ashleigh, it took 23 years to have it overturned.
8:36 am
it was turned based on information the defense did not get if regard to the star witness for the prosecution, but 23 years him although the exhibit of correctionings here in arizona says it's 12 years when that automatic appeal starts, to when the execution can take place, it appear, as though in reality, it is much longer. >> jean casarez, beth karas, you are both astounding courtroom lawyers and you are great lawyers. you willb hard at work following this, court will be in session starting at 1:00 eastern. as soon as jodi arias john boehner her testimony or her aloindication, one gets challenged, the other one doesn't. we will bring it to you live. again, we don't know if she will ask the jury to spare her or kill her. it is a bizarre turn that's about to happen in this courtroom. i will be on from 2:00 to 4:00 eastern live here in phoenix, arizona, a death penalty case like very few others i have seen in this country.
8:37 am
believe it or not. i want to take you to cleveland now where police officers who rescued three women who have been held in a house of horrors for a decade, they're now sharing their emotional story. i mean, it took eeverything to hold myself together. >> this officer describing what he calls one bombshell after another. [ female announcer ] there's one thing dave's always wanted to do when he retires -- keep working, but for himself. so as his financial advisor, i took a look at everything he has. the 401(k). insurance policies. even money he's invested elsewhere. we're building a retirement plan to help him launch a second career. dave's flight school. go dave. when people talk, great things can happen. so start a conversation with an advisor who's fully invested in you. wells fargo advisors. together we'll go far.
8:38 am
wells fargo advisors. i am an american i'm a teacher. i'm a firefighter. i'm a carpenter. i'm an accountant. a mechanical engineer. and i shop at walmart. truth is, over sixty percent of america shops at walmart every month. i find what i need, at a great price. and the money i save goes to important things. braces for my daughter. a little something for my son's college fund. when people look at me, i hope they see someone building a better life. vo: living better: that's the real walmart. ♪ [ male announcer ] the parking lot helps by letting us know who's coming. the carts keep everyone on the right track. the power tools introduce themselves. all the bits and bulbs keep themselves stocked. and the doors even handle the checkout so we can work on that thing that's stuck in the thing. [ female announcer ] today, cisco is connecting the internet of everything. so everyone goes home happy.
8:39 am
8:40 am
>> you cave vr saved us. those are the first words initial knight said to the police officers for ending the abuse for not only herself by amanda berry and regina dejesus. those officers are now speaking out. they're doing so in great detail
8:41 am
about that dramatichen they freed the three women. >> she called her car, 2 adam 23 for a code 1. i responded. you know, go ahead. that we got a female on the line stating that she's amanda berry. >> help me, i'm amanda berry. >> do you need police, fire or ambulance? >> i need police. >> what is going on there? >> i have been kidnapped. i have been missing for ten years. i'm here, i'm free now. >> as soon as we pull up, my partner was driving, so she came to the driver's side and he looked at me and he was like, it's her. just the emotion from that point of him confirming it was amanda, it was overwhelming. my partner immediately asked her, you know, is there anybody else inside? and she said, yes, gina dejesus
8:42 am
around another girl. it was like another bombshell just with overwhelming force just hit me. as we were going up the steps, they were so quiet, like peaceful, almost as if, you know, i started thinking, okay, all we're going to do is clear this top floor, nobody is going to be there and just leave and then you hear this scuffling, you know, something going on in this room. and, you know, i'm looking that way, just waiting to see what's going to happen and it was michelle, she kind of popped out into the doorway and paused there for a second. within moment, she came charging at me, she jumped on to me, she's like, you saved us, you saved us. and i'm holding on to her so tight and within a few seconds i see another girl come out of the bedroom.
8:43 am
i just look at her, you can immediately tell who it is, just thinner and again i just needed confirmation. and i asked her, what's her name and she said, my name is jorgy georgina dejesus. it was very overwhelming. it took everything to hold myself together. you know, i have michelle in my arms, then you got gina coming out. and it was like one bombshell after another. that's when i brought cast in, we found them. we found them. >> it's just overwhelming to see a reaction from a police officer like that.
8:44 am
these guys are pretty hardened to the crimes they deal with every day. but this is unlike any other and, by the way, about thattime crime, an indictment against ariel castro, the one and only suspect in all of this is expected to come down any day now, rape, kidnapping, so far, so far, the charges, but you can expect, there could be so many more. in fact, hundreds and hundreds of charges and as soon as we hear about that, we're going to bring you that news. up next, though, an unusual story, an herbal supplement to heal what ails you. cancer and ms patients spending more than a million dollars only to discover it's nothing more than snake oil. but now the doctor behind it is going to be locked up. we'll explain in a moment. .
8:45 am
8:46 am
8:47 am
>> there is no other way to describe in doctor other than a snail snake oil poison. she was found guilty of fraud and other charges for selling a haiku herbal cure for cancer, diabetes and multiple sclerosis. as it turns out, the patients were turning their backs on traditional treatments that could have saved them, so they could instead use a concoction with beef extract and sun tan lotion.
8:48 am
charles, first of all, i'll start with you, the doctor bilked the patients out of a million dollars. there was all sorts of charges related to wire fraud and tax evasion, witness tampering, where is the manslaughter here? if someone actually died, because they rejected a traditional treatment that could have saved them. i am at a loss. >> i mean, i really am, apparently, this is the season for whacky doctors getting in trouble. as you know, kermit gosnel was recently convicted, the abortion doctor. i can't believe a doctor held in high esteem and high regard that people entrust their lives and health to would go to such great lengths to kind of defraud so many people, particularly since these people were at the most fra juvenile points of their illnesss. many were in late stages of cancer, multiple sclerosis, so these were people already incredibly weak and, therefore,
8:49 am
susceptible to her fraud. that's what makes it all the more despicable. >> so, brian, let me get this straight, now we know manslaughter isn't an option in the sentencing here, let me be very specific about what she can be sentenced for and could have been sentenced for. four counts convicted on mail and wire fraud, six counts of tax evasion, one count of witness tampering. she could have been sentenced to 150 years. she could have been fined $5.5 million according to l.a. times. instead, she got 40 years. does that make sense given the range of facts in this courtroom? >> actually, it doesn't make sense, here's why. the u.s. attorney should have charged her with second-degree murder for homicide. there was a 22 woman with lymphomarasch league and it was curable. this poor young lady refused to get radiation or chemotherapy
8:50 am
because dr. daniel told her. you don't need that, use my herbal treatmentment opinion s been second-degree murder. the u.s. attorney should have brought in an oncologist saying that had the patient received traditional treatment, she would have survived. that would have been enough evidence to convict her of second-degree murder and she would have been spending a lot more time in jail then. >> well, if there's any silver lining here, anybody who's sentenced to the federal clink usually spends the entire sentence because federal guidelines are pretty clear and you don't get a lot of time off for good behavior or anything else. so she'll probably spend the bulk of the 15 years. midwin charles and bri brian claypool, thanks for your insight on this one. we are waiting to see who it is that's going to come forward and claim the biggest powerball jackpot in the history of the good old u.s. of a.
8:51 am
the legal steps they need to take now before they come out and greet the world if they ever should even come out and say hello to us. it's coming up next. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed much is the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪
8:52 am
♪ the one and only, cheerios
8:53 am
one winner, one powerful, powerful winner. the powerball $590 million ticket, one winning ticket.
8:54 am
so how big is the payout if you're the guy who has the ticket? it was actually purchased at a florida publix store. you can bet your bottom dollar that $165 million more than mel gibs gibson's divorce settlement would be what you get in your jeans. even after uncle sam's take tgs enough to cover the entire production costs for "spider man 3," one of the most expensive movies of all time. it's a lot of money. who's going to get it? and what's that person or pool going to do with all that money? joining me now is sarah ganim. is there any hint of who it is, a pool, a person, if they're in that tiny community or not. what are you hearing? >> yeah, ashleigh, you know, that is the one thing in this town you can bet on today is everyone wants to know who that winner is. is it a person, a group, someone local? i just talked to the mayor of
8:55 am
zephyrhills. he's really hoping, i'd be happy for anybody but i really hope it's somebody from this town. this town about 13,000 people here. this is a neighborhood grocery store. people are really hoping that it's someone among them. he said it's turned into kind of a murder mystery, you know. people around town are watching their neighbors, they're watching their driving habits, who's going to work, who's not going to work, is anybody acting funny. so far in this town where secrets are very rarely kept, this has stayed a very well kept secret, ashleigh. >> well, sara, i can tell you this from my very little expose yur to the law in the united states, the number one thing whoever the winner is, get yourself a team, even before you call your mom and say we won. it's just a no-brainer. sara ganim, keep your eyes out. let us know if you hear anything about who the person is
8:56 am
everybody's new best friend i'm sure. sara ganim reporting live for us. we are back after this break. it's monday. a brand new start. your chance to rise and shine. with centurylink as your trusted technology partner, you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile. and with responsive, dedicated support, we help you shine every day of the week. it's delicious. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. [ robert ] we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side.
8:57 am
our seafood dinner for two for just 25 dollars! first get salad and cheddar bay biscuits. then choose from a variety of seafood entrées. plus choose either an appetizer or a dessert to share. offer ends soon at red lobster! where we sea food differently. has a lot going on in her life. wife, mother, marathoner. but one day it's just gonna be james and her. so as their financial advisor, i'm helping them look at their complete financial picture --
8:58 am
even the money they've invested elsewhere -- to create a plan that can help weather all kinds of markets. because that's how they're getting ready, for all the things they want to do. [ female announcer ] when people talk, great things can happen. so start a conversation with an advisor who's fully invested in you. wells fargo advisors. together we'll go far. wells fargo advisors. oh, hi thehey!ill. are you in town for another meeting? yup, i brought my a-team. business trips add up to family time. this is my family. this is joe. hi joe! hi there! earn a ton of extra hhonors points with the daily grand promotion and feel the hamptonality. there are fewer and fewer mornings now that jodi ann arias is being awakened in the astoria jail being dressed in prison stripes and bussed over. that's exactly what's happened this morning and her days are now numbered. in the courtroom anyway. we are waiting to find out what
8:59 am
exactly miss arias is going to do in this courtroom in less than an hour. she has an opportunity to try to save her own life and appeal to these jurors as to why she is a life worth saving. called mitigation, folks. and it is never easy. it's made even tougher when you don't know if the client is going to say save me or kill me. and at this point we don't know what jodi is going to tell this jury. in a death penalty case it does not get more serious, but we just don't know what this woman is going to do. herm mitigation is going to konlt. like i said less than an hour now whether she testifies or -- i'll be back live with you here at 2:00 p.m. eastern for continuing coverage of the maricopa county courthouse. i'm ashleigh banfield reporting live in phoenix. "around the world" is next.
9:00 am
welcome to "around the world." i'm suzanne malveaux. >> and i'm michael holmes. happy monday. well, they were taking in the sights from the sky when their hot air balloon hit another. and you see what happened. we're going to have the latest from turkey. >> then, tornadoes wreaking havoc across the midwest and southern plains. we are live from oklahoma. >> and, will it be life or death for convicted murderer jodi arias? we're going to have a look at what the penalty could be. >> brace yourselves, more brutal weather might be on the way. we are looking at a repeat possibly of the rash of tornadoes they ripped through the nation's heartland, really quite amazing. >> did a lot of damage. we're talking hundreds of homes damaged or destroyed in state after state. we're talking about oklahoma, kansas, illinois, iowa and missouri, all with reports of tornadoes overnight. >> get back here. we got to go! >> look at this massive -- look at those pictures. unbelievable massive torna