tv Sanjay Gupta MD CNN February 15, 2014 1:30pm-2:01pm PST
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coming up at the top of the haur, the father of a shooting victim upset at a law make thaer said perhaps the gunman had a 100-round magazine. he's going to join us live. plus the latest on the trial in florida of the shooting because of loud music. we'll have live news at the top of the hour. the recent death of philip seymour hoffman brought attention to a frightening trend of heroin use across the country. this week federal officials announced a new push to equip first responders with a drug that can save people from overdosing. watch this incredible video and see it in action. >> reporter: what you're watching is shocking. a heroin addict named liz overdosing. that night she was with adam and louise. they volunteer with the program that provides clean needles and other assistance to addicts.
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>> she seemed to be pretty unresponsive. we were noticing a blueing of the lips, lack of oxygen. her breathing became shallow. >> when someone is not breathing and responding to any stimulus. you give them e breaths and at that time, i usually administer the drug. >> reporter: watch what happens next. >> we gave her 60 units. >> reporter: the drug can reverse an overdose from heroin and other drugs liex objection codone. another rub and another shot of the drug. >> giving her the rest. >> reporter: and finally liz begins to come around. >> you okay? you went out. we're giving you mouth to mouth
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resuscitati resuscitation. you overdosed. can you sit up? >> yeah. >> all right, come on. >> i can't believe that somebody cared about me enough or loved me enough to bring me back. >> reporter: the drug gave liz a second chance. she's headed to rehab. liz's story is all too familiar, though, as many cities report a surge in heroin use. the federal government says the number of addicts has doubled since 20 o 02. half begin by abusing prescription drugs. >> there are pill mills on prescribers. there's education in a lot of states so doctors aren't prescribing pain medication as easily as they used to. the result is people are transitioning to heroin. >> reporter: a quarter of those who use become addicted. many like liz and joe from middle-class families.
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as a young child, joe dreamt of being an olympic gymnast, but by high school, being perfect turned him. >> the gates of heaven opened up. this was my religion. i knew -- this was going to sofl all my problems. >> reporter: by the time he entered college, he was out of control. >> i was drinking and using prescription drugs and a lot of cocaine. >> reporter: and soon enough, heroin. joe wrote about his struggles in a memoir. it's a book worth reading. he joins us now. thank you. how are you doing? we have talked several times over the past couple years. how are you feeling? >> good actually. >> you're back to your training routines and all of that. you shared with me the first time we spoke just how many substances have been a part of your life. you have been addicted to many substances, but it was heroin in
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particular that really did you in as you say. what is it about heroin? is there a way to describe what it feelslike? >> i felt like i was on fire. i felt safe. i felt loved in unity. it was like i didn't need life because i had this other substance that brought it to me. >> i have talked to people who are alabamaed a ticks and they describe that warm, safe feeling. that's a very desirable feeling. what was the turning point for you to start getting away from it? >> the turning point happened right away, actually. my addiction was very textbook. i was sniffing it for two years and then i was an intravenous drug addict and i knew i had to stop because i became physically addicted quickly. what a lot of addicts or people who are just coming to use heroin or other opiates don't think they are going to be physically dependent so quickly. and that's the lie. we actually become physically
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sick quicker than we imagine. >> if you stop taking it, you would feel sick. can you describe that? >> it was horrible. it was like one of the worst flus i have ever had. the most difficult aspect is you can't take cold medicine to feel better. you know there's one thing out there that's going to make this go away. now the problem we seem to have is that we -- we have jobs and stuff we have to go to. you can't be dope sick and go to work. it creates a vicious cycle that you have to use in order to be a part of life again. >> you were worse off if you weren't using than if you were. when you hear about philip seymour hoffman, he was clean he s says for a long time. maybe 20 years. then relapsed. did that surprise you? does it make you worry about yourself even? >> it didn't surprise me. it's extremely heartbreaking and this happens every day actually. we have a chronic fatal and progressive disease, which we
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have been trying to explain that for a long time. people are always asking me, do you have to be vigilant even after almost seven years. the answer is yes. it is chronic. it has to be treated every day. something i like to say is yesterday's shower won't keep me clean. every day i have to wake up with my disease and i have to treat it. >> treating it means being vigilant. i was interested in this. you had surgery for which a lot of people would have taken pain medications afterwards. you couldn't do that. if you had taken a pain medication for this surgery, what were you worried about? >> i was worried that even though i may not have become physically dependent because the duration of the use would have been shortened, that it would have create the desire to use.
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what a lot of nonaddicted people don't understand is we have this obsession that's almost other worldly. it's depressing and all you can think about. so taking an opiate to relieve my pain, it would have made me right back on the track. i have seen this happen so many times. >> people you know who go for an operation get a dose after the surgery and suddenly the beast has been awakened. it's a scary thing. i'm glad you're well. we hear about these stories when things don't go well. we wanted to share your story. you have inspired a lot of people through your book and being on the show before. i appreciate that. also you're going to school to be a p.a., physicians assistant. i wish you luck there as well. >> thank you. up next, we're going to move on to the olympics. we decided to give you a unique look at what goes into making a
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developing news happening right now in florida. this is in the courtroom. we just saw michael dunn walk back in just moments ago. the judge in this trial said the jury had a couple questions. at least one question. let's listen in and then i'll be back with you. >> four of the five countries we are unable to reach a unanimous verdict on count one or any of the lesser included offenses. given the way that note is written, i believe that at this point it's time to give them the alan charge, which is another jury instruction that is
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required to be given to tell the jurors some additional information that they need to consider and then basically they are sent back into the jury room to continue the deliberations. i have for the attorneys copies of the jury instruction, which is jury instruction 4.1 jury dead lock. i'm going to have a copy for each one of the 12 jurors because this is part of jury instruction. after i read it to them, i will give the 12 copies to the bailiff, who will be able to distribute to the jurors in the jury room. i think that will do it.
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you can have a seat. after receiving your note indicating that you had reached a verdict on four of the five counts and are unable to reach a unanimous verdict on count one or any of the lesser included offenses related to it. that then -- under that kind of a situation and in that circumstance, i am required to read to you an additional jury instruction. i'm going to read that instruction to you now, and then i will provide a copy of it to each one of you when i'm finished reading it. i know that all of you have worked hard to try to reach a verdict in this case to each of the counts. it apparently has been impossible for you so far. sometimes an early vote before discussion can make it hard to reach an agreement about the case later. the vote, not the discussion, might make it hard to see all sides of the case. we are all aware that it is legally permissible for a jury
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to disagree. there are two things a jury can lawfully do. agree on a verdict or disagree on what the facts of the case may truly be. there's nothing to disagree on about the law. the law is as i told you. if you have any disagreements about the law, i should clear them up for you now. that should be my problem, not yours. if you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved. i have only one request of you. by law, i cannot demand this of you, but i want you to go back to the jury room then taking turns, tell each of of the other jurors about any weaknesses of your own position. you should not interrpt each other or comment on each other's views until each of you has had a chance to talk. after you have done that, if you simply cannot reach a verdict, then return to the courtroom and i will declare this case
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mistried as to that count and will discharge you with my sincere appreciation for your services. thank you, ladies and gentlemen. you may now retire for further deliberations and we'll provide you with a copy of this instruction. >> okay. you were just listening to judge russell heely down in florida. he's saying the jury has reached a verdict on four of the counts. but on count number one, they cannot reach a verdict at this point. he is giving instructions for what is called the alan charge to tell the jurors more information and he has asked them to go back into chambers now and try to come up with a verdict. otherwise, he's going to declare a mistrial. i want to go to mark o'mara.
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explain to us what just happened. >> well, they were very close to a hung jury. but it's interesting the way they phrased it. here's what they said. that we've go come to a jury decision on 4 of the 5 counts. cannot for count 1. count 1 looks like they are going to be hung on it. >> hang on, standby. mark, count 1, that's the murder charge, right? >> correct. that's correct. >> okay. go on. >> so here's what i think is happening. i think that they have decided that they cannot decide whether or not it was in self-defense as to jordan davis. as for the other counts, they made a decision, but they can't make a decision on the lesser. if i had to give a guess, and this is a horrible thing to do
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because we don't know what they are thinking, it's sounds like he's not guilty of the attempted murder count, but they can't decide what he is guilty of for the lesser of the other counts. so it looks like we may have a hung jury on count 1, the murder charge regarding jordan davis, and they decided nonguilt as to the other counts but may believe at least some of the jurors are saying he's guilty of lesser included on the other counts, but they can't decide. >> okay. here they have to come to a decision on everything, otherwise it's going to be a hung jury. explain to us about this alan charge. >> the alan charge is the judge's attempt, the only way we can do it is to say please go back and try again. talk about your own position and tell the other jurors the weaknesses of it. open your mind up because we really want you to try to make a
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decision. now if after they do that they go back for a minute or an hour, they come back out and can't do it, then the judge will decide a mistrial. now if they had decided guilt on one, two or three case, they can come back and say we found him guilty of whatever count, but we can't decide on others. there will be a retrial on those counts that they can't decide on, but the verdict on the counts they can't decide on will stand. >> wow. so it just depends on what happens now that once they have gotten these instructions from the judge what they come back with. i know you can't predict this. he's asking them to go back in and try again. we don't know how much longer, right? >> well, yeah, and again it's so difficult to say, but i will tell you that after they have done this for 26 or 27 hours, they know their positions. they will probably listen to the
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judge and go back there and start talking about the weaknesses. but generally speaking, after 26 or 27 hours, people are not going to change their minds and i think within an hour or so and either they move the one or two jurors that may have been holding it up, or it's going to be hung. they will retrial the first degree case and may retry them all if they can't come up with any decision on the other counts as well. >> okay. standby, mark o'mara. i want to tell your viewers. if case you're just tuning in, we have just gotten information from the judge in the michael dunn case down in jacksonville, florida. accused of killing and is on trial now for killing a 17-year-old teenager, jordan davis, because she was upset about how loud the music was. . you heard what his fiance said. he got into an altercation with
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these teens, four of them. he is accused of killing one and then also the attempted murder of the other three, even though they were not injured. we just got information from the judge. you see it on the bottom of your screen. the jury said we have reached a verdict on 4 counts. but we are unable to reach a verdict on count 1. count 1 is the big charge. that's the murder charge, which is life in prison. the judge then instructed the jury to come back into the courtroom and charged them with what is called the alan charge, where he gave them additional information and additional instructions. told them to go back in and try to come to some sort of decision. if they could not come to a decision on this, this is a mistrial. that's what the judge said. mark o'mara is joining us. martin savage is down there as well. but the legal angle on this is
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so important i want to get back to mark o'mara. the judge said, hey, listen, if you don't come out whatever time you go back in there and decide, but if you can't decide, this is a hung jury. and they have to start all over again. >> absolutely true. the whole nation and the davis family and the dunn family go through all of this again. the interesting thing is why they came out and said they have a verdict on four counts. if they had a verdict of guilty on 4 counts, they would not be considering the lessers. only if it they had a verdict of not guilty would they be saying we have to consider lesser. so that's really intriguing to me when they say verdict on four counts, it has to be not guilty or why would they be considering lessers. >> mark o'mara, standby. here is the judge giving those instructions just moments ago. >> we have reached a verdict on
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four of the five counts. we are unable to reach a unanimous verdict on count 1 or any of the lesser included offenses. >> that was just moments ago at the duval county courthouse in jacksonville, florida. michael dunn is on trial for killing jordan davis. on that charge of killing him, that murder charge, count 1, that's the count they can't come to a consensus on. mark o'mara is our legal analyst here on cnn. he knows florida law very well having defended george zimmerman down there in a trial they are comparing to the george zimmerman and trayvon martin trial. martin savage has been reporting on this from the beginning. martin, we'll go to you now. so this is unbelievable. you're standing outside the courthouse. what is the reaction there? >> reporter: well,s that demonstration that you're hear in the background. they have been here all day.
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these are not the kind of demonstration sizes we saw during the george zimmerman trial. it's a saturday also so that's allowed more people to come out. for most people it's been just waiting. because the courthouse is closed with the exception of what's going on in the courtroom, they have all been sitting on the courthouse steps beneath a giant american flag. most of this day has been with the sense of what is taking so long? everyone out here demonstrating is in support of jordan davis, his family and hope iing there would be a guilty verdict. certainly a verdict before now. to a lot of people in this area, it was thought this case was pretty much open and shut and that a decision would be made in a matter of hours. no one thought it would go to four days. nobody ever believed it was going to end up as it appears it may with this e dead lock, especially over the murder charge. as you point out, that's the most significant charge.
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that's pertaining to the daelt of 17-year-old jordan davis. if the jury is dead locked on that, perhaps it means there could be lesser charges coming. we'll have to wait and see. it looks like we'll be doing this all over again. >> martin, as you said, it is surprising to most people especially to the layperson, it seems like an open and shut case. the george zimmerman trialed that way. but this one seemed even more so. especially in light of no physical evidence of a gun according to michael dunn. he said i saw a gun. i was in fear of my life. they have so far not been able to find a gun. no one else said they have seen a gun. so lack of that evidence, most people thought this was open and shut. now it appears, not so. >> reporter: it was the fact that he fired ten shots into an suv with four people inside and that those shots were fired over a series of three, in other words, three different times. he got out of his vehicle as
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that suv was speeding out of the way and he fired again from a crouched position. then he never made a call to police to report what happened. that's what many people really saw as a guilty kind of decision here. this is a man who didn't even tell authorities what he had done. given all those factors, and we're look at it from the media because we have seen and heard everything. the jury is supposed to render their verdict on what was heard inside the courtroom. apparently the defense was effective in pointing out some holes here. trying to plant the seeds of questions. it would appear that the defense did that. exactly where those question marks are has to do with self-defense and the fact that michael dunn says he saw a weapon and felt threatened. he acted based upon his fears. >> standby. we want to get to jeff.
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talk about the emotional toll that this has had not only on the people who knew the teen, but around the country. there was the emotion involved with the trayvon martin case. now this emotion as well. if this is a hung jury and we have to go through this again, my goodness. >> not just that, that it could be a hung jury on this, but that martin is right. this is taking so long. a lot of people thought this would be an open and shut case. we saw that there was a lot of aggression. was this about a stand your ground law or what we, a lot of people think, lay people think that it was a don't disrespect me law because it became a situation of where dunn got involved with the fourteens and felt that they were giving him lip that they were disrespecting him and then at some point he felt that he was threatened. let's remember, his car pulled up to theirs. he didn't have to say anything. they hadn't said anything to him. >> this is florida.
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there are gas stations on every single corner. >> absolutely. so people are really frustrated with this. first george zimmerman and now this. even if they reach a verdict, they are going to say, wait a minute. why did it take so long and why wasn't a guilty verdict given right from the beginning? >> standby. here's what the jury told the judge. we have reached the verdict on four counts. we are unable to reach a verdict on count 1. the judge gave them the alan charge. sunny hostin was there. this is a stunning turn. you were inside the courtroom. take us inside. >> reporter: i will say that when the jury came back in, don, they looked exhausted. they looked frustrated, very frustrated. when the judge gave them the alan charge, which essentially is a pep talk, this charge was different than the ones i used to get when i was a prosecutor.
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he basically told them to go back and go around the room and for each person to explain the weakness in their own position. that was a very interesting charge. as the judge was explaining this to them, there were several of them that looked down, nodding their heads. some up and down, some back and forth. i also had the opportunity to just look at the davis family. they were heads bowed, holding each other. they looked pretty upset when they learned it was count 1, the count related to their child's death that the jury was hung on. while they seem to be optimistic, they looked very, very concerned. i also had the opportunity to see that the government, the prosecutors were walking away with the davis family. it seemed that they were discussing what the implications of this were. it was extremely tense in the courtroom and also packed.
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we were shoulder to shoulder with each other. i haven't seen the courtroom quite that packed. but it was an electric moment in the courtroom just now. >> i can only imagine. standby to all of our analysts and guests. it's the top of the hour. breaking news out of jacksonville, florida. you're looking at pictures of the duval county courthouse. jurors in the loud music murder trial sent a note e to the judge saying they have reached a verdict in 4 of the 5 counts against this man, this is michael dunn. but they say they are dead locked on the charge of first-degree murder. dunn is charged with the murder of 17-year-old jordan davis. after an argument over loud music.
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