richard herman is here with me. we've got a halloween story for you, richard, right? we're ready. >> we're going to talk about batman, the cape crusader and how he got hung up and in legal trouble. we'll have much more from our legal guys straight ahead, richard and avery. [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. >>> we're having conversations here. we're going to talk about lots. lawyers for michael jackson's personal doctor are presenting their case to the jury, and our legal guys are back to talk about that. avery friedman in washington and richard herman right here in the studio just in time for halloween weekend. all right, gentlemen. really a tough testimony this week may have changed things. the dynamics of the sentiment for the jurors, right, richard? >> my, has the worm turned in the conrad murray case. >> how do you see it? >> everybody was ranting and raving how great the prosecutors were like in the casey anthony case. all of a sudden the defense case be

our legal guys, avery friedman and richard herman.arguing he had diplomatic immunity with regard to the civil case. why didn't he make the argument during the criminal phase as well, avery? >> because it doesn't apply. there's no diplomatic immunity. he held a position with international monetary fund. that's not a sovereign state. again, he's going to advance creative arguments. at the end of the day he's looking for procedural ways to beat the case before the case ultimately has to go to trial. >> okay. richard, he and his team are saying i had diplomatic immunity. did he? would he? as the imf chief at the time? would he have diplomatic immunity if he's on a trip on personal business paying for his hotel with personal money and not imf money? help us understand who has diplomatic immunity, who has it, does he? >> his side is arguing he does. united states courts to rely on customary international law which would grant diplomatic immunity to him. the united states will not grapt it to him. trust me, fred, if there was any chance of h

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richard herman is with me a criminal defense attorney. so this proposed amendment goes beyond abortion. certainly would impact birth control, fertility, treatment as we heard right there from mary. so this could potentially be precedent-setting if, indeed, it is passed? >> don't know what kind of cool aid is being distributed in mississippi but here a fertilized seg deemed a person. if you're responsible for killing that egg you're charged with murder. that's how the statute reads. >> how did it come to this. people can vote on this. two other contenders for governor are also in favor of this initiative. >> very political. both republican and democratic candidate running for governor are supporting this proposition, obviously for pure political reasons. it's a religiously based movement here in mississippi. it's -- even if it passes you want will be struck down immediately. there will appeals. >> because the state wouldn't be able to make this kind of amendment or impose this kind of law especially as it pertains to roe v wade which is a

avery friedman, richard herman in las vegas. you first, lindsay lohan didn't show up.bation officer and morgue said she didn't show up in time for community service. she says she did but there was a communication error. so what did this bring her? >> it brought her what she wanted. she's getting no publicity. she's not in magazines. she can't sing, she can't ac, she can't do anything. she has to thumb her nose at the law and that's what she did. she's back in the limelight, new wardrobe, new everything. she's going to go to jail. as crazy as it is in california, they are going to put her in jail, probably a day or two and let her out again. it's the biggest, ridiculous thing eve seen. she continues to ignore the law. she's out of control. she's in the morgue now supposed by doing community service. that's where she's going to end up obviously soon. it's just ridiculous. >> avery, this does seem like a broken record. i feel like we have these conversations often involving lindsay lohan. how is it this keeps going object and on and on. this is kind of a broken record. ho

i talked to richard herman and avery freeman about amanda knox's chances of getting out, especially with prosecutors arguing that she and her ex-boyfriend should spend more time, not less, in prison. >> i think it is kind of hard for them to seriously make that argument when three-quarters of their case was thrown out by the appellate court. they claimed it was contaminated and degraded and not useful. it is grandstanding to say, we want to put her in forever. i think there is going to be a reduction. 50% of these cases that go on appeal in italy result usually in some decrease in prison time. i think she is going to get a decrease but i don't believe at this point that on monday, she is going to have a ticket to fly home. i just don't think it is going to happen. >> i think she has got a shot for a breakout. much of is it is dna being blown up. we have a different defendant. during the trial, she was flippant. she was younger. i think that 15 minutes that she presents on monday will have a profound effect on these judges and jurors together. i agree we are going to see substantial reduc

. >> and richard herman, criminal defense attorney and law professor in las vegas with our other crewut there. soon, richard, we know you're going to be in the studio as well, when your calendar allows. >> shreabsolutely, fred. >> the prosecution is just about to wrap up its case, avery, did they do a job? how is the defense going to come out swinging? >> they did a spectacular job. they will end this case monday with three extraordinary experts. the first was a cardiologist, the second a sleep expert. it will crescendo to monday with one of the superstars dealing with propofol, in fact, he's delivering a paper this weekendh a death in the family, will be back on monday to talk about propofol that's dr. steven shafer. >> it's significant a lot of this testimony we've seen, the defense is changing its approach to propofol, whether michael jackson ingested it orally. now they are ruling that out. whether he injected it himself, all as a result of the witnesses that the prosecution brought on? >> it was a little sign of weakness to abandon the decision he may have ingested it orally. but

richard herman in the house. a real life batman ordered to hang up his costume.s, we'll wear our own halloween costumes, next. >>> this halloween we revealed earlier that batman was on the list as one of the most popular costumes that people would be enjoying. not for mr. mark wayne williams, known as batman to his fans. he's been wearing his costume for a long time. recently he got arrested in michigan because he was not only kind of hanging out, he was dangling from the roof -- >> stuck. >> yeah. of a building. apparently he was allegedly carrying weapons, a canister of chemical ir stant pray, all that stuff, so he is no longer allowed to wear this costume. that's not the toughest thing that's been imposed against him. >> well, they charged him with weapons possession -- >> maybe it is -- >> he was hanging from a side of a building, dangling. they had to rescue this guy. they found a batton and chemical sprays and everything on him. they took him -- they took his mug shot in his costume. got to do that in his costume. >> that's the last time he will get a chanc

. >> one of our great legal minds, richard herman. usually you see him out of vegas.torney. all right. this is a really peculiar case, is it not because giordano and his camp thought perhaps he'll gate chance to be released, they haven't charged him with anything yet. they have been holding him since summer. how long can they hold him without the evidence to charge him >> shades of natalee holloway, an unbelievable criminal justice system one aruba. they can hold him for 30 more days. give the time for the prosecution, the authorities to do more investigation. and if they come back with some kind of evidence or any more evidence, they present that to the judge and the judge could extend this another 30 days. >> this can go on and on and on every 30 days once expires another could pick up if prosecutors feel they have reason to keep searching. >> if they can persuade the judge they are making progress. they have some kind of evidence to link him to the crimes. but at this point one time, incredibly they have no evidence linking him. they have nothing. so that's why the

earlier today i talked to richard herman about testimony in this case. >> the judge will instruct thed an expert, the jury has the right to either accept or reject the testimony. some jurors, fred, there's going to be some juror nullification in this case, that tape recording of michael jackson showed what kind of shape he was in. some people, many people believe he was a ticking time bomb, it was just a matter of time before he died, and they're not going to blame conrad murray. >> but what is at the root here is negligence. >> gross negligence. >> defense has to come up with either a good explanation to counter all that they've heard, or in addition actually put conrad murray on the stand. they don't have to. but do they need to at this point? >> that's one of the big questions that ultimately no one knows the answer to. to be honest with you, i think it would be suicidal to put that guy on. when you've heard the kind of things we've heard from the emergency technicians, from the security, on what conrad murray did, put that guy on the stand, i think it would be crazy. on the other

richard herman is here in the house. a couple of months ago we had avery freeman here.re going to talk about, holy smokes, this guy who wears this batman outfit on a regular basis, but he got himself into some trouble because not only was he wearing the batman out fit but apparently he was carrying some weapons as well. now he's banned from wearing the outfit. it's a very sorted, strange, kind of halloween -- >> he thought he was a real superhero. >> no long can he wear that. >> you're talking about the economy. >> the government has come out with an incentive for people whose homes are underwater. it doesn't apply to everybody. it might apply to you if your home is underwater, and you've been making all your mortgage payments. there's incentive to keep your moem and keep your finances in check. with our healthy living segment, dr. bill lloyd is along with us. insomnia can be a real disruption in your life if you can't sleep, but it can be a serious health matter and cause serious health matters as it pertains to your heart, heart attacks. he's along to tell us all what

. >> richard herman. >> your guy. >> our new york criminal defense attorney who is most often in lasll connected. we will see him today during the noon eastern hour, he and long with avery friedman. you know the case of casey anthony. high-profile cases, jurors like the idea of their identities being protected for a long time. in this case the judge made the decision he's going to keep the identity of the jurors private until a cooling off period is to arrive. next tuesday the names of those jurors is going to be made public. our legal guys are going to talk about that and really what's at stake for high-profile cases when the jurors want anonymity, can they get it, does a court try to extend that to them. what happened when that anonymity goes away. >> should they get it, you know? >> yeah. >> some news organizations have gone and argued togs them release. >> we're going to see how that plays out. what richard and avery think about that. 2:00 eastern online fix, banking, set up your personal savings, pay your bills. we're going to have an expert that's going to be along with us to t

. >>> i talked to our legal guys, richard herman and avery freeman about amanda knox's chances of getting she needs to say to convince the jury to let her go. here's what they said yesterday. >> she has to be pristine when she speaks to these people and pray basically plead with them to let her go. but i don't think it's going to be enough. i think there is enough evidence to keep the conviction. >> avery, how much time does she need to spend on that night of her recollection of what did or didn't happen? >> well, she's the only one who really knows at least at this point. rudy guede is in the penitentiary. his term was reduced. he actually was convicted on substantial evidence. that's going to be a focus. the other thing that these jurors and two judges have to see is the sobriety by which she is presenting herself. she's going to demonstrate to them that, look, i've done everything. i've always been a good student. i've always been a responsible person. these circumstances are being used by the prosecution who basically called her names, fredricka, instead of dealing with the evidence.

richard herman is here. richard, nice to see you in person here. >> finally. >> yes, absolutely. the prosecution says that it is the doctor who actually gave the fatal dose of propofol and that it was negligence that michael jackson died. the defense is saying that's not the case, that michael jackson gave that fatal dose. have they provided the kind of evidence needed to make that argument? >> i think what they've provided is an alter yor explanation in contrast to the prosecution. we've heard dr. murray is a womanizer, that he was wreckless. didn't care. all he cared about was money. and now, we hear another side. we hear the defense case. we hear he was a hard working guy, that he saved lives, that he was not driven by money and that the amount of propofol that dr. murray says he delivered could not have killed michael jackson. so, if the jury's getting confused and you've got to be they're getting confused at this point in time. when chernoff stands up and says, if you are confused, if you're not sure, 25 milligram, 100 milligram, if you're not sure, then you must acquit. if

. >> criminal defense attorney richard herman joins us from las vegas.ow learning from the audio tape from dr. murray? what kind of specifics about jackson's drug use, for instance and propofol? >> well, good afternoon, suzanne, we're learning a lot about michael jackson's drug use. and all of these self-serving statements coming in during this prepared interview, i say it's prepared because he went in with his lawyers knowing this would be recorded. at this time, at the time of his interview, sigh suzanne, this was simply a death case, not a homicide investigation. murray did not know that anybody would be pointing fingers at him as the reason for the death. so he's there. he's giving this interview and telling us information he learned about the drug use, about the propofol and about dr. klein and demerol addiction. but we're also hearing an explanation for applying cpr on the bed because he said the bed was hard. he says he was only out of the room for two minutes, so he's pinned down now to two minutes where he left the room to go to the bathroom and

joining me from las vegas is criminal defense attorney richard herman. richard, good to see you.rosecution here. i understand they could rest today with their final witness? >> they will rest today. as soon as dr. shafer finishes his testimony in the cross-examinations are done, the state's going to rest their case. suzanne, i don't believe the case could have come in any better for the prosecution. it really boxed the defense into a corner right now, because they're going to ar gue in summation whether you believe michael jackson injected himself with propofol or lorazepam or whatever he did, or you think dr. murray did it. the mere fact that dr. murray abandoned the patient, walked out of the room with those meds in the room, knowing michael jackson's propensity for drugs, that is gross negligence. and you must find him guilty. that's going to be the prosecution's argument, summation. pretty powerful argument. >> richard, is it likely we might hear from michael jackson's son, prince? could he actually testify? there's been some talk around that. >> again, suzanne, the case came

good morning, richard. >> good morning, chris. yeah, hermann may be the october surprise of 2011, or so the polls are starting to show. he had the largest jump in the quinnipiac poll out four hours ago. in just three months he jumped 12 points to 17% in the republican showdown. cain's rise could be a sign of perry's weakness. perry gave back a big portion of his august gain. tea party conservatives perhaps not so confident after his debate performances and stances on immigration. he falls to 14%. it gets worse, though. michele bachmann fades big time, now down to 3%, the second lowest in this poll of nine candidates. front runner like mitt romney seems to be waiting for his competitors to tire out. he's regained momentum, moving up to 22% after a drop a month ago. so with christie out and not a choice in this poll it's up to romney to scoop up that energy. prime hunting grounds, the number two spot, the don't knows and no answers at 18%. cain is right behind as you can see right here. a cbs poll in fact saying that he's tied for first with rom

. >> now, richard and michael i showed herman cain and what he had to say, but let me show you another candidate, willard mitt romney. let me show you what he said. he said, i think it is dangerous this is class warfare. how is it when working class people are saying we need to deal with unemployment, with el need to product or benefits whether they get loopholes and all kinds of tax cuts, that's fine but if the working class won, it's class warfare. >> we're in a first-grade classroom that used to have 22 kids in it, now 32 or 34. those children are being hurt. if we're standing up saying these policies that created this or allowed wall street and the banks, if this is hurting children, then so be it. we're going to stand up for the kids that we serve every day. but at the same time, let's be clear here. whatever happened on wall street, no one was held accountable. they got bailed out and the rest of us got sold out. now it's the kids being hurt because of it. if myoromney wants to say that, i say why not come to new york city and talk to us about the real people actually dealing wit

courtesy of "the omaha world herald" "imagine there is no pizza" by former godfather's ceo herman cain. >> richardt of the world thinking when they see these things? >> he's the front runner. >> you can laugh but the message is spot on. do you want to live in a world without pizza? >> absolutely not. >> yes, i do, actually. especially when they inject the crust with cheese. seriously. >> good tv. >> i cannot wait for a medieval cookie, cinabon, hot yellow cool-aid and save a pretzel for the gas jets. >> your arm wouldn't defend you. it's better not to do it. when i buy stickers for folks in prison i bring milk not back yard meth. it's a prison party. >> so those are the previous from bad lip reading.com. rick perry, michele bachmann, and now today mitt romney. >> yes. >> i was happy and then your sister threw a sea fish at my tv. >> how are you? cookies. can i take one? hey, thank you for the bench. don't commit suicide. if madonna had a wooden statue, she just gobbled that sardine. i'm freezing out here. got to get away. happy step child. i told you to check it out. oh, hey. this is for the cow.

richard looks bored. hermanmore vile negative word than the n-word and for him to leave it that long before i hear they finally painted over it is just plain insensitive to a lot of black people in this country. >> governor perry's spokesman responded to cain's comments saying, mr. cain is wrong about the perry family's quick action to eliminate the word on the rock, but is right the word written by others long ago is insensitive and offensive. that's why the perrys took quick obsce it. controversial remarks made on military intervention. now we have news here. speaking to voters in new hampshire on saturday, the governor said he would consider sending u.s. troops to mexico to combat drug-related violence. >> i'm curious. he wants to invade mexico and people said for years that they were concerned that the texas governor had a camp that was called such an offensive name. >> correct. >> you don't think that's news? >> i do. >> with the washington post talking to state legislators and lobbyists who say we'd go to

i had an interview with richard lowry, his economic adviser and said why should herman cain who is worthrs not have to pay taxes on what is a pub stashl portion of his overall income? he said look, if somebody wants to work hard like herman and be successful like herman cain, they can reap the same benefits and that's fairness. that's what he said to me. whether that is the kind of argument this will play with voters is really -- we will see. it comes off and can come off as harsh. >> yeah. i understand you uncovered questions about rick perry's money and herman cain's money. who is next? >> well, i'm not quite sure what you are referring to. >> i'm referring to whether you deconstructed both in terms of their financial backgrounds. who is the next target? >> whoever -- they are all running. everybody running including the president would fit into that category. rick perry has not filed his financial disclosure yet. he asked for an extension and people want to take a look at that. mitt romney has and he is worth hundreds of millions of dollars. they are probably the two wealthiest indivi

stay right where you are, richard l ushgui will pick thin. >> coming up next, herman cain tweets hisy is expected to pitch next week, and who is in the republican race to win it and who is in it to build up their brand. just one phillips' colon health probiotic cap a day helps defends against occasional constipation, diarrhea, gas and bloating. with three strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health. riding the dog like it's a small horse is frowned upon in this establishment! luckily though, ya know, i conceal this bad boy underneath my blanket just so i can get on e-trade and check my investment portfolio, research stocks, and set conditional orders. wait, why are you taking... oh, i see. hey max, would it kill you to throw a guy a warning bark? [ dog barks ] you know i wanted a bird. [ male announcer ] e-trade. investing unleashed. well... 'cause i could pay a little at a time... but actually we do -- and my kids would be like, "awesome, mom!" oh! i did not see that. [ male announcer ] layaway's back fo

mentioned steve jobs that's a great example of presidential candidate herman cain likes to talk about his story but what about richard people who literally drip with wealth you know their families for generations have been wealthy in so many countries it seems that wealth is not flaunted in the way that it is here people might have money but they don't necessarily you know buy several yachts are over fancy cars now is the case here do you think richard that in this country who are wealthy are looked down upon by the masses are they hated or are they just admire it. well you know i think it's changing and i think that one of the reasons that the liberal wealthy as you call them were able to get so many tax breaks and so many other privileges over the last few decades has been because the culture kind of idolized them you know one oliver stone made his movie with gordon gekko the michael douglas character he wrote him as a villain any and he says he was horrified because i was on wall street then and all the guys there thought he was a hero because he didn't care about anything except making money and he thought it was

richard wolf. thanks for being with us. >> thank you, lester. >> herman cain is now out in front. his candidacy is being taken seriously. has he adjusted his campaign to deal with the reality of being the front-runner and what comes with it? >> well, he's adjusted a little bit. you're seeing more of a presence on the campaign trail. previously he had been concentrating on media. but he doesn't have the ground game that you really need in these early states. if his candidacy is going to prove real, he needs to organize with the iowa caucuses where he now also has a lead. it's too early to say whether or not he'll survive as a front-runner for very long. but he's gathering together some of the trappings that you'd expect from a front-runner right now. >> and when you're a front-runner, suddenly everything you say and do comes under a different kind of scruti scrutiny. nine-nine-nine is his montra. now that it's under scrutiny, how does it hold up? >> well, not very well. and also, it's not just the plan itself. remember, for a start, he's saying that the plan is neutral in terms of

herman cain unplugged. he may be his own worst enemy. back to richard. >> farrah fawcett's judge faces a judge today.as a bigger baby bump and beefis and butt head are back. let's get the scoop from courtney where would you like to start? >> redmond o'neal. he years of trouble and finally today she should be facing a judge to find out sentencing in that case, stemming from heroin and gun charges. there was an altercation where he turned himself in for the most part saying that he had relapsed of some sort and he faced the judge then. he was sent back to jail with the sentencing to be today. he could go back to rehab. the judge said listen, i don't understand how this happened at a rehab facility. it sounded as if there might be sympathy or leniency when the time for sentencing came. we will be watching to see what happens in sell today. ryan o'neal's son griffin pled not guilt to changes stemming from drug and firearm charges from a car accident that took place about two months ago i believe it happened in august. we will be following up with that story about sentencing for that as well. >> we have t

richard wolffe, and mara, thank you for your time tonight. remember, candidates, we're watching, so be an honest abe, not a blago. >>> ahead, herman contain goeser wall street protesters again. russell simmons responds tonight. stay with us. the postal service is critical to our economy-- delivering mail, medicine and packages. yet they're closing thousands of offices, slashing service, and want to lay off over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem ? a burden no other agency or company bears. a 2006 law that drains 5 billion a year from post-office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it. with professional-grade research. and some of the most powerful, yet easy to use trading tools on the planet. it's investing with intelligence and cold hard conviction. e-trade. investing unleashed. her morning begins with arthritis pain. that's a coffee and two pills. the afternoon tour begins with more pain and more pills. the evening guests arrive. back to sore knees. back to

many people who have regurgi--reviewed your book--he's a richard hofstadter fellow in american history at columbia university--he says, 'arthur herman's ten--tendentious joseph mccarthy represents what one can only hope will be the nadir of this trend'--he's talking about a trend of--of describing that period--'a model of muddy thinking, the book contends that just because some us officials spied for the soviet union, as we now know definitively, mccarthy's campaign against communists in government was, ipso facto, a force for good.' later he says, 'herman forges beyond balance to exonerate the senator whenever possible. he even employs the contradictory arguments in the senator's defense.' is this a normal kind of a review that you've gotten? >> guest: yeah. well, you know, it's very interesting. the--the professional reviewers who have read the book -- including the professional historians--really don't know what to make of it. they have never really read a book quite like this, because it doesn't take the sort of obvious sides in the case. it doesn't repeat the kinds of conventional pieties about either joe mccarthy or about the 19

herman cain. is this all posturing? what are they trying to say? >> richard, there is a lot of posturing.re likely to be the front-runner. mitt romney in 2008 and rick perry securing an endorsement from governor brian sand vol which can make him a player there. given that the candidates may not end up winning they are trying to occur favor in new hampshire, which is the first in the nation state and proclaim that they love new hampshire so much they are willing to boycott this nevada contest. it is all in an effort to increase their standing in the granite state. >> talk about posturing here, mark. santorum said that romney is probably to blame for the early nevada date moving to january 1437 how could romney make such a decision. >> bob list was saying that some folks wanted the romney camp to be able to move once florida moved to january 31, you saw south carolina move to january 21st. the former governor of nevada was quoted as saying that and that got all of the other campaigns in a tizzy saying, look, romney's folks are trying to manipulate the calendar here. it was expected that nev

richard in blackfoot, idaho. we're asking you to post your comments about herman cain's 9- 9-9 plan on facebook and twitter. viewer says -- now to kentucky, david, democratic caller. caller: the 9-9-9 plan puts an end to the payroll tax and that is what funds social security. social security and medicare and would automatically be stopped. in kentucky we pay 6% sales tax. that would put us at 15%. you can imagine going out to buy a car or something, what that would do. host: the call for national sales tax under his plan is not sitting well with new hampshire voters or likely not to sit well with new hampshire voters according to this piece this morning. they say the call for national sales tax that takes away limited government that he would need to capture as defeat mitt romney. fort lauderdale, florida, john, democratic caller. caller: good morning. the last caller is right on target. it is such a joke to have a 9-9-h a ke this man 9 plan. the only people who will be paying taxes are poor people and the middle class. these are the people that buy most of the products. these are the people that support mc