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LEGAL VIEW WITH ASHLEIGH BANFIELD

Details on the Situation in Ferguson, Missouri; Marijuana and Midterms; College Athletic Injuries Examined

Aired October 31, 2014 - 12:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


ASHLEIGH BANFIELD: As for the chief of police, he is still insisting that he is not going anywhere and that's not something that we picked up from the grape vine, Chief Thomas Jackson told us that himself.

(BEGIN VIDEO CLIP)

THOMAS JACKSON, CHIEF OF POLICE, FERGUSON, MISSOURI POLICE DEPARTMENT: I report to the city manager, period. And as long as he and the council support me, then I intend to stay. I certainly have the support of the police department and the community. I have a lot of support in the community, and I think this is my job to complete.

UNIDENTIFIED MALE: Whether you have support in the community, I think we can agree that that's debatable. There are number of people in the community who say, "It's time for a change. It's time for you to step down." Why stay?

JACKSON: I do have a lot of support in the community and as I said, this is my job. This happened on my watch and I intend to see it through. I think I'm very capable of doing that and I have a lot of people behind me that believes so as well.

(END VIDEO CLIP)

BANFIELD: We're going to talk to Cedric Alexander who is the president of the National Organization of Black Law Enforcement Executives. Not only that, he happens to be also the director of public safety in DeKalb County, Georgia here in Atlanta.

So you just talked to the chief actually within the last couple of hours. Would have loved to be the fly on the wall to here that conversation. Can you paraphrase anything that you talked about.

CEDRIC ALEXANDER, PRESIDENT, NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES: Well, let me a share a little piece with you. And we did talk about a couple of hours ago. And one thing that Chief Jackson did share with me, he and I become pretty good acquaintances and friend over the last few months. We had a number of conversations as it relates to Ferguson and how things there going to have to change.

But one thing he did convey to me this morning, very clearly, was the fact that the comments that he had made to you all about two days ago, he's beginning to go back and rethink and come up with nay be some other ideas that I think that he's processing in his own mind in regards to what he needs to do going forward.

BANFIELD: Are you saying that the absolute intransigence is what is going to be mitigated or are you saying he might step down.

ALEXANDER: Well, I think it's hard to tell, Ashleigh, from the conversation. I think you probably can interpret it a number of different ways, but having been in conversation with Chief Jackson over the last number of months, and talking with him, as friends, very confidentially sometimes in regard to many of the challenges that he's been confronted with, and wearing (ahead) as a noble person as well too. He's processing all of this and I think he's going back, he's taking a look and rethinking the conversation that he had with you all. And I think over time in his own process, he's going to do what he -- you know, what he's feel is best for him, you know.

BANFIELD: Is that because the absolutely no is painful for some people to hear? I mean words matter, whether he means it or not.

ALEXANDER: Right.

BANFIELDS: Words matter and they fall heavy on that community. Is that what you're talking about, just sort of rollback his absolutism just to soften things for now?

ALEXANDER: I think that's one way to interpret that, but I think the other thing is at the end of the day, Tom Jackson is going to have to decide for himself what he wants to do because he and I have had conversations, and I'd be very honest with you, we've had conversation about him (separating). And I have been very straightforward with him in regards to it would be a benefit to that community maybe if he did step aside.

BANFIELD: You feel that way?

ALEXANDER: Yes. Absolutely.

BANFIELD: You do.

ALEXANDER: And if he step aside and give that community an opportunity to begin to heal with some other leadership...

BANFIELD: Whether he's right or wrong? Whether he's a terrific officer? Maybe he's a terrific chief?

ALEXANDER: Right.

BANFIELD: It's the sacrificial lamb that's needed just to stop the insanity?

ALEXANDER: Well, I don't think it so much that. I think, you know, if we look at this case of what we know in its entirety, what has happened in that community, a tension that had recede across the country. And the call for that community to say, "Hey, Chief Jackson, I want you to step down." That's a decision that he has to make. Of course he say he has the support of his leadership, his city council, his mayor, his city manager. And that's fine, but I think at the end of the day, Ashleigh, he has to make that decision and I think he's pondering what he needs to do best for himself.

BANFIELD: And by the way, I don't know if he's the best police chief around because I do not walk in those shoes and I do not live in Ferguson and I am not out on those streets and I am not black, so I don't know. But one thing I do know is that facts matter, words matter...

ALEXANDER: That's right.

BANFIELD: ... and we got a problem. You know, it's always good to see you and I'm so glad I could see you in person...

ALEXANDER: Good seeing you. Absolutely.

BANFIELD: Thanks for coming to New York.

ALEXANDER: Absolutely. Thank you for having me. All right.

BANFIELD: Thank you. Cedric Alexander joining us live.

In four days, voters in several states are going to get to decide if marijuana should be legal. Where people are going to see those ballots measures and the impact that it could have on you even if you don't live there. Coming up next.

(COMMERCIAL BREAK)

BANFIELD: If you are planning not to vote next week -- really? That is a big old mistake. There are so many races that are so close that it is impossible to predict who's going to win. And I'll tell you what, the stakes couldn't be higher this time either. This is no ordinary midterm folks. This election could actually determine the control of your government.

CNN's Tom Foreman joins us with the virtual look at what to watch for coming this Tuesday.

(BEGIN VIDEO CLIP)

TOM FOREMAN, CNN CORRESPONDENT: There are three key things we're watching in this midterm and the first is right here in the U.S. Senate. The Democrats have been in charge. We're showing them here in blue, along with the two independents who concurs (ph) with them in purple. The Republicans are expected to gain some seats here, the Democrats are expected to lose some but control of this chamber is going to come down to nine or 10, very close races and the Democrats have to win six or more of them of they want to remain in the power here.

On the other side of the rotunda, the second thing we're looking at, which is the U.S. House of Representatives. The Republicans have had the majority here, that is not expected to change. The question is will they lose some seats or more likely will they pick up some. And if so, how? If they do it with Tea Party help, that could setup divisions within the Republican party that the Democrats might be able to exploit even from their minority position, which brings us to the third thing we're looking at which is the White House reaction to all of this.

If the President comes out swinging over a big loss and he completely alienates the Republicans, they have a perfect excuse then to say, "We're going to make you the lamest of lame Presidents with control of both chambers." If however, he's too conciliatory towards the Republicans, he could dispirit his own party and that could make it very tough for any other Democrat who wants to win the White House in 2016.

(END VIDEO CLIP)

BANFIELD: Tom Foreman, like you always do. Thank you, excellent work. You know, there will be more than just the House and the Senate seats on the ballots next week. Election day this year could be a very a critical one for the weed movement, legalizing marijuana. A recreational pot is going to be on the ballot Tuesday in Alaska and Oregon and Washington D.C. Yes, the nation's capital.

In Florida, the voters are going to decide whether to allow medical marijuana to be sold in their state, not the recreational stuff in the other three states. And you may recall that Washington and Colorado already legalized recreational weed. So, is the ballot starting to roll? Joining me to talk about both sides of the weed debate, CNN legal analyst, Danny Cevallos, and criminal defense attorney and civil trial attorney, Midwin Charles.

First and foremost, if you're in Alaska and Oregon, sure, this matters. This is your backyard. So you're going to be thinking a lot about that. But if you're in, say, I don't know, New Mexico or Georgia, do their ballot initiatives really matter to you, Danny, especially when it's something like this?

DANNY CEVALLOS, CNN LEGAL ANALYST: They do, because constitutionally, our country is designed so that states become literally the laboratories of new laws. So, the fact that something is being legalized, even as far away as Alaska, is an example of that laboratory taking effect. They're going to try out this law and see if it works. And many, many changes in popular notions about law have started with a single state, whether it'd be far away or heavily populated.

BANFIELD: Gay marriage, California.

CEVALLOS: Gay marriage and in fact end-of-life decisions about terminating physician-assisted suicide. These have all started out not in many states but usually with just one bold state who comes out as an outlier.

BANFIELD: There's a weird D.C. thing going on here. When you think about the districts of Columbia, it's a district. It doesn't have a state governance. It doesn't have a state legislature. This is so much just a D.C. issue because the federal government is their government.

MIDWIN CHARLES, DEFENSE ATTORNEY: Right, and that's where it can get tricky. I mean, Danny is right in the sense where these states sort of become laboratories. And when states start to differ with respect to what the law is, then it goes up to federal court and the supreme court will sort of decide the law. But here, when it comes to D.C., you're talking about perhaps 71, Congress is going to step in and sort of review the law and have to approve it so...

BANFIELD: Wait a minute, you mean, all those federal congressmen are going to have to actually weigh on an itty-bitty ballot initiative? They actually have that 60-day rule when...

CHARLES: Congressional review for 60 days. And I think that that's what makes it a little bit different and I think everyone is sort of watching what's going to happen in Washington D.C. because that sort of sets it apart from what's happening in all the other states.

CEVALLOS: Has there ever been a law so openly flouted by the states, like marijuana criminalization, so that the federal government eventually is going to have to say we give?

BANFIELD: By the way, my producer, Stephen Samaniego, is a total politics nerd. And he said, "Most of the time, they just don't look at this law." They let the 60-day period go and it just becomes law just, you know, to the fact of a thing. On this one, all eyes are going to be on them.

CHARLES: Well, in this (inaudible) politicize as well. Yes.

BANFIELD: Your congressman, by the way folks, they're going to have to weigh in on legalizing pot, whether it's in your state or not (inaudible) great. Danny Cevallos, Midwin Charles, happy Halloween.

CHARLES: You too.

BANFIELD: Thanks for being here. Right after this.

(COMMERCIAL BREAK)

I've got some breaking news about that nurse up in Maine who had a bike-ride scene around the world, exercising her right to get out of her house. And you know what? It may just have worked, a judge temporarily lifting the nurse's quarantine. Our Jean Casarez, a lawyer herself, live on the story in Kent, Maine joining me. So, what happened? Was it the bike ride, was it the pressure, or is she just fine?

JEAN CASAREZ, CNN CORRESPONDENT: I think it's the argument from her defense team. A preliminary, temporary order has just been signed by the chief judge in the state of Maine, in essence, lifting any type of home quarantine for this nurse. And what the judge said in the order was that the state of Maine had to prove by clear and convincing evidence that there was a necessity to ensure the conditions mandated by the federal CDC for someone that's possibly could become infected, by clear and convincing evidence that she could have the Ebola virus in her or get it in this 21-day period.

The defense arguing she's asymptomatic, she's not sick. So, here's in plain language what it is. She can walk out that door. She can go into town. She can go to a restaurant. She can go shopping. She can get on a commercial jetliner. But here's what she has to do, she has to do direct active monitoring everyday. And we know that Maine's CDC comes once a day, we've seen one today, to monitor her, take her temperature, look for symptoms, hear from her how she's feeling. She also has to coordinate with public health authorities and she wants to take a commercial jetliner, any type of commercial transportation.

And beyond that, that's basically what she has to do, monitor herself. But, Ashleigh, I've got to tell you, the judge ended this by saying there is a lot of fear out here that is not based on medical science and medical fact, and you as a professional need to be aware of that fear and understand it.

BANFIELD: Yes, and maybe show boating isn't the best way to make your neighbors feel better about all of the scene. Hold on for a minute. Great reporting. Danny and Midwin, I grabbed you back just as you were leaving the set because I want to know what happened? Ms. Hickox by the way is masterful at saying no, no, and no. Now, the CDC is supposed to come to her house and check her out as Jean just reported. What happens if she says no now? Do we have a roadmap on this?

CEVALLOS: So each state has its own rules, like Texas and all of these other states that have had to deal with Ebola. And (inaudible) substantial power to the local health official to confine people to their home using law enforcement if necessary. The paradox there is that they recognize that, well, you can use law enforcement. But taking someone to jail who may have an infectious disease is also not desired. So any effective quarantine...

BANFIELD: But she wasn't in jail, she was at home.

CEVALLOS: Right. Any effective quarantine ultimately requires the cooperation of its citizens. No matter what the legal penalties are.

BANFIELD: Well, indeed, it has been a very frustrating story, a million ways. And I'm sure that the people of Kent are far more frustrated than the rest of us. Danny and Midwin, now you're definitely free to walk (inaudible). Thank you.

Again, happy Halloween.

CHARLES: Happy Halloween to you too.

BANFIELD: So, a football player sharing a story about how his NFL career ended before it really even got started.

(BEGIN VIDEO CLIP)

SARA GANIM, CNN CORRESPONDENT: He said "My neck is hurting." And they just said "Go out there and play."

STANLEY DOUGHTY, FOOTBALL PLAYER: Right. "We need you, Stan and the team needs you and be supportive."

GANIM: So, that's what he did. He was supportive. And he says now "He (inaudible) he could actually end up paralyzed. This story next. (END VIDEO CLIP)

(COMMERCIAL BREAK)

BANFIELD: Bunch of former athletes are trying to keep future football players alive or at the very least keep them out of a wheelchair. This is all about a lawsuit that filed against college football -- college football being accused of not doing enough to protect their players from injuries and creating a culture of what's considered to be walk it off.

Some players have been hurt badly, and others have actually died. They've been spinal injuries and concussion. A former standout player who was hurt so badly, he couldn't play in the pros. CNN, Sara Ganim, have coaches just forced him to play hurt.

(BEGIN VIDEO CLIP)

GANIM: At both times, where you pretty scared?

DOUGHTY: Basically, you know, I was real scared, you know, how would you feel if you (inaudible) and you couldn't move.

GANIM: Stanley Doughty, remembers twice getting hit very hard while playing for the University of South Carolina.

DOUGHTY: I can hear voices but I couldn't actually move.

GANIM: When it happens the first time, it was 2004. Doughty says the university took him to a specialist in Charlotte who told him not too worry about his injury. A year later, came another violent hit during a game. He was taking to the locker room and told to get back on the field.

DOUGHTY: You got to be tough. You're a football player.

GANIM: Couldn't feel your legs?

DOUGHTY: Correct.

GANIM: And all they did was take you into the locker room and tell you "You had to be tough?"

DOUGHTY: Correct.

GANIM: They didn't say you need to see a doctor? Even though, this had happened before? You said "My neck is hurting," and they just said, "Go out there and play?"

DOUGHTY: Right. We need you, Stan and the team needs you and be supportive.

GANIM: The team's injury report for Doughty shows he did have a nerve injury at the cervical spine. The school's response was that Doughty had suffered what in football is called a "Stinger." Or a temporary numbness and it's common practice to send the player back into the game after symptoms subside.

The team cleared Doughty. He continued playing the rest of the season.

Rolling up (inaudible) in tiny Amite, Louisiana, Doughty lives and breathes football. He was a local star.

DOUGHTY: Two all star games, (inaudible) all star, and I made a player the year Louisiana. I had about 35 all first.

GANIM: In his 3rd year at South Carolina. Even before finishing his degree, he was signed by the Kansas City's chief. A lifelong dream to go pro finally realized. But after his first medical exam according to his lawsuit, the chief had trainer said, "Doughty was too injured to play."

DOUGHTY: Basically, they told I could be paralyzed from the knee (ph) down.

GANIM: So the chief are telling you -- the chief doctors are saying, this is a really big deal. In fact, Carolina says, "No, it's not."

DOUGHTY: South Carolina, I don't need exist.

GANIM: South Carolina disputes that Doughty injuries were serious. They say he didn't seek further medical treatment. And that the university provided appropriate and extensive medical care including treatment by team athletic trainers, physicians, and out-of-state specialist.

DOUGHTY: Whenever I hold my head back, I feel tingling down my trouser (ph), right coming down my shoulders.

GANIM: Doughty says, he's unable to work and he's finding it hard to cope. He thought he'd find justice in a class action lawsuit that just reach the preliminary settlement. $75 million, but the money is going to screening and research. Doughty won't get a dime.

The lawyers will get paid and other players in the class action can file individual lawsuits, but Doughty case falls out outside the statute of limitations.

So with no college degree, no financial payment and needing surgery, Doughty now feels betrayed by so many.

DOUGHTY: But I go to pain everyday, but I'll try not to think about it, I just try to keep pushing. So, that's the life of Stanley Doughty.

(END VIDEO CLIP)

BANFIELD: It's heartbreaking to see this young man. What is the -- what are the colleges think? Like, where is lawsuit? What's their position in all of this?

GANIM: So the NCAA physician is very hand off on this. You know, I just want to show you this. This is their rulebook. This is more than 400 pages when it's printed out. There is one rule in here when it comes to concussion that school simply have to had some kind of plan for dealing with them.

But as part of our investigation, the NCAA told us that they don't enforce health and safety rules, they leave him up to the schools to deal with them on a case by case basis. They only enforce the academics. And the immature in an issue which -- they (inaudible) very critical of the NCAA, their response to this lawsuit that Stanley was a part of was that we don't have a legal obligation to protect the health and safety of our teen athletes.

BANFIELD: How was Stanley? How he was doing?

GANIM: You know, Ashleigh, he's really struggling. He actually told me that he was happy this year just to make it to the 30th birthday. He really wants to go back full with the University of South Carolina told him, he has to reapply. There is a group in Washington that is called positive strive is trying to help him raise the money for a surgery that he believes he needs. Was he poor, he has no degree, and he can't...

BANFIELD: Well, he has you. And you highlight of it. Sara Ganim, excellent work as always, days and days on and thank you. And thank you everyone. Wolf starts right now.