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tv   Legal View With Ashleigh Banfield  CNN  November 8, 2013 8:00am-9:01am PST

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nischelle turn you are, you get the last word. >> i just think that this is a very interesting situation here, carol. and i'm concerned about all of the players and current and former that have come out and say can you really be bullied and not taking this so seriously? i think this is a serious issue. and for someone of jonathan martin's stature to come out and say this is happening, that takes a lot of strength so i think we need to listen to his words and listen to them seriously. >> thank you for joining us today. "legal view" with ashleigh banfield starts now. hello, don lemon in for ashleigh. it is november th and this is "legal view." we're going to start with breaking news. what we know about this monster typhoon that is tearing its way through the philippines right now. what we don't know may be even
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worse. and that is the true scope of the damage, death and misery inflicted by one of the strongest storms in recorded history. one of the strongest storms in recorded history, maybe the strongest. super typhoon haiyan hit lands at 195 miles per hour. the strongest known hurricane to hit the u.s. was camille, that was back in 1969 with top winds of 190 miles per hour. andrew, in 1992, had 165 mile an hour winds. ka treenia, 125. just to give you some comparison there. the confirmed death toll stands at three with seven people hurt. but still, they have to assess the damage. sadly, the figures are assured to rise as authorities re-establish contact with the islands. and i want to bring in chad myers. i want you to see and hear super
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typhoon haiyan for yourself. listen. >> oh. [ wind noise ] >> [ speaking foreign language ]. [ wind noise ] [ wind noise ]
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so that's the camera pointing out of window. now you can see the expressions on people's faces. these are people being res accused after two barges colighted. these crews are rescuing these guys. take a look at this, they're trying to get them over the sea wall to safety. but the winds are so high, the waves are so high, waves up to 20 feet high, if not higher. and they're trying to get them to safety. again, this is two barges that collided. and this is one of the strongest storms ever recorded on earth. can you imagine being these people being rescued from the sea here? again, only three people confirmed dead so far as we
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start to get the new imagines ii -- images in. and sadly, officials are telling us the death toll will probably ride. and in the meantime, let's go to manila. tell us what you're seeing and hearing from where you are and from other places, paula. >> reporter: the further south has been hit badly by the typhoon. and quite frankly, they don't know how bad it has been. they have no communications with many areas in the central part of the philippines. communications are out. electricity is out in many of these areas. black joults as wem. and the local time is midnight. at this point, sts very difficult for them to have a real grasp of just how big this disaster is. it's been called a potential calamity by officials, people in
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power. there are real concerns that this was going to hit the country very hard. many of these areas in central philippines are not very built-up areas. they're significant cities, but many areas are small villages. there are many poor areas and they are not substantial homes that the people are living in. we know more than $700,000 people were evacuate the. they were taken away from the low-lying areas because there were going to be storm surges. but at this point, we just don't know if they have evacuated enough people if that evacuation was significant enough. many of the roads as well are down because the sheer force of the winds actually brought down a number of trees. and so at first light, rescue crews are going to have to clear the roads before they get to some of these areas. the military is on stand by for first light to try to get in the areas and see what people need. >> paula, let's continue on and
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talk as we get the new pictures in at every moment here on cnn from this monstrous typhoon here. can you talk to me about the infrastructure there. can it sustain these types of winds and, probably more important, the storm surge? >> reporter: what we're talking about is two-thirds of the philippines. this is an enorm muss area we're talking about. some areas will have proper infrastructure. we know there's around 600 shelters that have been opened up in about 29 different provinces. people would have gone to the shelters. and the hope is the shelters were strong enough to withstand these significant winds. but many areas are poor in the fill peejz. it's not a rich country. and many of these areas would have been -- people would be have been living either in shacks and we know in some areas people were living in tents
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because that's where there was an earthquake just recently and tens of thousands of peoples that had lost their homes there. and there is a concern that there are those who have been vulnerable to this very heavy wind and rain and the hope is that they manage to evacuate in time. >> and last month the country was hit by 7.1 magnitude earthquake that killed 222 people. we're still getting pictures in. paula, i want you to stand by and i want our chad myers to stand by as well. again, these images are just coming in to cnn. many of them from super typhoon highian. our severe weather expert is tracking it all for us. the newest information, right after this.
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nthat's why they deserve... aer anbrake dance. get 50% off new brake pads and shoes. welcome back, everyone. don lemon. the breaking news here on cnn is one of the strongest storms ever recorded on this planet. i want you to take a look at these satellite images. it is typhoon hayian, also known as typhoon yolanda. chad, give us an idea about its scope as we look at these satellite images. >> we will never know, don, how big and high the winds were with this storm. there's not going to be one wind vane that will survive long enough to get up to 1935, if that's where it was.
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people out in the eastern parts of the pacific there, they don't fly into these storms. we would know what this storm was because we would have our ac -- c-130s in there looking a what the storm has done. this is the size of the storm right here from top to bottom. over here, this is the size of india. it would cover up the entire country of india. and when the small eye is a bad thing. think about a figure skater bringing her arms in as she spins on the ice with one foot and how fast she spins when sher arms are in as opposed to when they're out. a wide eye would have been much better. but it tightened up right over the islands. i'm really very happy that we got in contact with our reporter out there, because we lost contact with him for quite some time. you can't imagine what a 195
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mile per hour wind would be like. i've been in nothing like this. >> i want you to listen to this with me and you and i will talk about it. this video just into cnn. these people are being resuced from a barge when two barges collided. let's listen to it real quick, chad. >> as seen off the coast. one barge, which was carrying tons of limestone was tossed around under the fierce waves. the other barge tilted. from the port, we could see the crew members frantically waving and shouting for help. shortly after rescuers arrived. they initially planned to use a
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rope to reach the barges. but they were forced to retreat due to the big waves. as rescuers approached, crew members jumped one after the other. they all struggled to stay afloat for nearly an hour fighting the current. almost all of them were able to make it back to the port safe and sound, but one remains missing. >> my goodness. and we were saying, i said earlier waves as high as 20 feet high. looks higher than that to me. >> definitely. it was for 50 foot waves forecasted on the eastern shore of the island. and that wasn't even close to the eye. but you saw it wasn't nearly as bad a what some experienced that got close to the eye. we won't be able to get pictures out of it. wind gusts estimated at 235 miles per hour. that's faster than an indycar
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goes at the indianapolis 500. and you get hit by winds or waves or boards or shingles coming off the roofs. there's a lot more damage but we can't show you because we don't have the pictures yet. >> category 5, that's the highest. but this is probably a lot higher than that? >> it's like saying my car can't go more than 120 because that's where my speedometer says. catsgoer 5 starts at 1 56 and goes up. we're 40 miles per hour over what a category 5. we're talking about ef-4 tornado that was ten or 20 miles wide, that ripped a swath right across the country. and then around that ef-1, 2 damage as it came across the country. the winds are important. the wind speeds knock almost everything down. i don't know what in america
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could survive 195. and then we're talking about a sea surge. 12, 13 feet in new york harbor with sandy? this is going to be triple that because it's that much bigger than what sandy ever was. >> we're going to talk to a reporter who is out in manila right now. beal get to her after the break. if you want any developments, how you can help, whatever you need, go to these new images are being gathered. we'll be back right after this break. ♪ [ female announcer ] to bake. or not to bake. that is a silly question. bake the world a better place with nestle toll house.
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breaking news here is the people of the philippines in the middle of a super typhoon, possibly the strongest one ever recorded on earth. went to get to a reporter who is in the middle of it. what are you seeing and hearing there? >> don, earlier chad myers was doing a great job trying to explain the power of this storm and explaining how wind vanes would not withstand it. and i can tell you the houses that are here are also not the type of houses that would withstand these type of storms. and here, the structures are much worse than in america. the evacuation shelters themselves are struggling to --
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and there's been a report -- and begin because the roof was ripped right off of a shelter. and this is all happening after last month. one of the areas thaft hit had a bad earthquake, 7.1 magnitude earthquake. those people were living in tents. and then this typhoon came along. add to that the strength of the winds knocking over power lines and communications, and government authorities are having trouble trying to reach their counterparts to even assess the damage. and that's why we're hearing that the death toll stands at three. but the fear, of course, is as the communications are restored and that information starts to trickle through to the aid vances and government authorities that that death toll is expected to rise. >> we're talking about a country that has 97 million people. and according to chad meyers,
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this typhoon is as big as a country. it cut through a wide swath of this country. and as you say, we don't know and have no idea just how bad it is. and it may take days, possibly weeks to figure that out. >> that's right. it's passed midnight and it's on or obviously very dark. and of course, as i keep saying, the communication lines are cut to these areas that have been hit. the philippines is no stranger to typhoons. we get about 20 typhoons a year here. but even for the philippines, this is stronger than many can remember. as we keep hearing, the strongest typhoon likely around the world this year. >> i want you to hang with me. and producers, if we can get the rescue video back. because i want to talk to kathy about that. we have the rescue video, two barges collided. and it's unbelievable to watch these people in the middle of the sea trying to be rescued and get to a retaining wall and to
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safety. are you hearing about rescues? what are you hearing about rescues? >> well, there was a warning earlier in the week. fortunately the forecast was that the storm was going to be bad. the president got on tv the insight before the storm hit to warn people and heed the evacuation orderers and leave their homes. a lot of people did do just that. but of course in any disaster like this you will have the people who refused to leave their homes and have to call for help. we are hearing of those people who are having to call for help. of course, the communication situation is going to be difficult for those people to reach out for help. and those are halt a lot of the people that authorities will be concerned about. and along the coastline, the video you're describing there, we're hearing of fishermen who depend on these boats for livelihoods and their boats have
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been swept out to sea. >> make sure you stay safe there. we appreciate your coverage. there is a super typhoon swallowing up the fill peens. 97 million people, if not more, in its path. so far, it has created death and destruction. we're following it all for you. chad myers on the other side of the break with new details and new images for you as well.
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ask your doctor about non-insulin victoza®. it's covered by most health plans. breaking news here on cnn. imagine if this was happening in the united states. it's happening in the philippines and it may be the strongest storm ever recorded on the planet earth. it is hayian, speeding east to west across the philippines with sustained winds now clocked at 155 miles an hour. and when it first hit land, they were at 195 miles an hour. and chad myers said it may have been more than that. and so far, only three people are confirmed dead. confirmed. emphasis on that the philippines
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is made up of islands and contact with the islands is nonexistent right now. making matters worse, just last month one of those islands was ravaged by a 7.1 mall any tud earthquake. thundershowers of people lost their homes and were living in tents when hayian struck. first i want to go to paula hand dock. she joins me now with the very latest from manila. >> reporter: don, at this point it's half past midnight. it's very difficult for officials here to get any kind of idea of how bad and how widespread the damage is. now, what they're basically having to do is wait until first light and then the military will start getting helicopters in the air and getting some aerial views of the situation so they can see that exactly which areas are the hardest hit, which areas
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need food, water, medicine and then they will start to coordinate. now, of course, that the fact that the communications are down, they can't talk to local officialness these areas because the super typhoon has knocked out communications. it means that the organization of the certainly and rescue effort is being postponed. they have to wait until they have eyes on to see exactly who needs the help first. it's making things very difficult. many roads are blocked as well because of the amount of trees that have been brought down due to the heavy winds. that will be one of the first jobs at first lied is trying to clear the roads so that the aid organizations can get through to take the necessities to those who need it. the hope at this point is that many people heeded the warnings and evacuated. and that many people got to the
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shelters and tried to sit out the storm there. and officials don't know how bad the damage is at this point. >> don't go anywhere. i have more questions for you as well. chad myers, listen, chad, you heard paula talk about rescuing people and about assessing the damage. is it too early for that? are people putting themselves in more harm and danger if they try to get out there and do it now? >> not really. especially in the the first hit areas. it's moved far enough away from that area that the winds have calmed down. probably down to 40. you can get things picked up at 40 miles per hour. but the problem is we don't have any idea how bad the areas that are hit are. we don't have a picture of something in the eye. all of our pictures are away from the eye. and when we get pictures of what the devastation happens in the eye of the storm itself, i think we'll all have our jaws on the floor. this is going to be a devastating picture of all -- no
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matter where you live in the world, you're going to say, how can this happen? how can there be something so strong on planet earth that can could knock down everything. it will strip the bark off the trees. we showed you this picture an awful lot. i'm going to show you a different picture of the storm. this is the too much the philippines. this is where most of the people live, to be honest. the storm was about 150 miles south of the big population center. but now let's move this storm over the u.s., just to give you an idea of what this storm would look like from florida all the way north into canada. that's the size of the storm. that's the same picture here superimposed over the u.s. just to give you the scope as to how large from north to south this storm truly is. >> and as i said, imagine if this was happening in the united states. paula hand cox, i want to have one more question for you. we have been reporting that there are three confirmed dead.
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any updates on casualties or injuries to report? >> reporter: no updates at this point. but unfortunately, don, nobody thinks that that's going to be the last update we have. everybody assumes that the death toll is going to rise. it autos just a hope that it's not going to rise too much. >> paula is in manila. chad myers is at the cnn severe weather center. paula, make sure you stay save. >> if you want to help, go to web/impact. year not going far away from this. we're keeping an eye on that. and this as well. just when you think you've seen enough of toronto mayor rob ford, another video surfaces. and this time he's talking about getting in the ring with mike tyson. we're going to tell you the story next. [ nurse ] i'm a hospice nurse. britta olsen is my patient. i spend long hours with her checking her heart rate,
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take a seat. i want you to watch this. just when you thought the crack-smoking mayor scandal couldn't get any worse, along comes a new video showing a ranting, swearing rob ford threatening to kill someone. comes days after he admitted to smoking crack cocaine. it's jaw-dropping footage. here it is.
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so there's more where that came from. but it's so intelligible that it -- we couldn't show it to you. we don't know the full context of this video. mayor ford tried to explain his behavior saying he was drunk at the time. >> i hope none of you have ever or will ever be in that state. and that's all i can say. >> can you tell us what it was about, mayor? >> can you give us some context, mayor? >> obviously i was extremely, extremely inebriated. >> well, the mayor's mother and sister declared that i public support on toronto's cp-24. >> he is not a drug addict. i know, because i'm a former addict. and as an alcoholic, if you want
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to consider ding drinking every three months and you get totally plastered and you make a fool out of yourself, fine. it's not acceptable behavior. >> he is the mayor of the city. he knows that better than anyone. >> you say he's not going to resign? >> no. >> he's going to tough it out. >> yeah. he did what he did. he made a mistake. he's admitted to the mistake. not a nice one, but he's done it. but he has -- he's been to work every single day. he has not -- i mean, people want to say that, oh, my goodness, he's ignoring the -- he's ignoring his job at city hall. he isn't. >> despite the controversy, ford says he won't step down. his behavior is now raising concern about not only his work but his life.
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paula newton is in ottawa right now. to many, most people think he needs help and he should go get it and stun down while getting that help. why has he not resigned? >> reporter: he has not resigned because he says that he's continuing to do his job as mayor of toronto as best he can as everything is business as usual. and you have from him, saying, look, even from that terrible rant that he just heard from, he doesn't know the context of that rant. he says he can't remember it. everyone around him is right now encouraging him to at least step down for a little bit of time. and his lawyer this morning said right now the mayor is finally considering some type of counseling. i think many people even point the finger at his family as we just heard from him say, look, he's not an addict but uniteds counseling. and at the same time suggesting that he has breathalyzer
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instruments in his car. i think everyone is questioning whether the judgment around him was skewed and right now it's hurting the city of toronto. >> can you give us the back story on this video? what do you know more about this video? >> reporter: we know the mayor doesn't know where it came from and he can't really remember. it was several months ago. he says the words "mike tyson." it themes from what some people suggested to me that he was just fooling around. he certainly didn't mean to say or intend that he was specifically killing anyone specifically or wanted to kill anyone specifically. it was really just fooling around. we have not heard from at least two other people who were in the room at the time. but again, it shows a mayor oust control, don. the points is, he said when he apologized a couple of days ago, that he have nothing left to hide. clearly, that's not true. and many people saying, look,
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this is not the end of it. there is more. >> paula newton in ottawa. thank you very much. we're trying to figure out where people are and how many people died and how many are injured in the philippines. we're following possibly the strongest storm to ever hit the earth. they are using technology to try to find and rescue people. our meteorologist chad myers on top of it with new information. great. this is the last thing i need.) seriously? the last thing you need is some guy giving you a new catalytic converter when all you got is a loose gas cap. what? it is that simple sometimes. thanks. now let's take this puppy over to midas and get you some of the good 'ol midas touch.
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map featuring the path of the typhoon, evacuating centers and more. how might they use technology to help and find people here? >> for a very long time, no one in that country, at least along that swath is going to be internet service, no power, phone lines or any of the resources they need. google has set up this, finder/2013 yolanda, you can look for someone or have information about someone. even when they get one cell tower back up, everybody is going to try to be on it. the best way to get around the internet or get any information out is to be texting, not trying to call. text takes a little bit of time, but all of a sudden they get sent. this is how they're going to have to start putting the pieces back together. we don't have pictures of the
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bad spots yet. and we may not for a while. you're going to have to fly into those areas because the roads are completely shut off as well. getting in and out of this damage path is going to be a nightmare for weeks to come, don. >> i see the radar up on the screen to the bottom right, left he depending on where you're looking. here is the thing, track it for us. who is getting hit the hardest and who is out of the woods? >> this is as close as it's getting to manila. there's one more outer ban here. we always try to use the angles to figure out where we are. the storm was probably 3450 mils away from manila when it made land full. eventually it gets out into the south china sea and then into vietnam. what you're seeing is what you're going to get.
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it's not going to get worse for you. everybody else, they're still trying to pick up pieces through here. about -- i'll say 20, it could be 20 to 30. a 30-mile wide f-4 tornado sat over your house for 30 minutes as the eye rolled from one side to the other. that's what these people dealt with. even in america, an f-4 tornado goes by and hits your house for eight seconds and it's gone. this was a lumbering storm over these areas not just for ten seconds but more tens of minutes. once you lose a board and a shingle and another and another. and there will be little standing in this damage path. >> thank you very much. chad myers following the image and the storm's track. if you would like to help, go to we're going to keep an eye on those images over there. a young woman gets into a car, goes to a -- gets into a
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this story is gaping more national attention by the
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moment. and a funeral is going on right now in michigan for 19-year-old renisha mcbride. she was in a car accident last saturday at 1:30 a.m. sometime later she showed up on the front porch of a nearby home. the woman's family says she was looking for help, but the homeowner shot her in the face. he reportedly told police he thought she was trying to break in and his gun went off by accident. our senior international correspondent nic robertson is in detroit. nick? >> reporter: don, a lot of details in this case remain unclear, although the police say the alleged gunman told them the shooting was an accident that he discharged his shotgun directly into the face of mcbride, the family angry, upset. their attorney told us they're willing to put their faith in the moment in the justice system but the attorney saying how can this have been an accident. no shots were fired through the
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front door of the property. we visited the property. it's a very small porch area where the shooting took place. the lawyer makes this point. if he was afraid, why did he come out of his house. how could this be an accidental shooting. how could it have happened in this way. the few details we do know is that renisha mcbride drove her car, was involved in an accident hitting a stationary vehicle. she left her vehicle, perhaps as many as several hours later, according to the police. she then approached this -- approached the house of the alleged gunman. what happened then, we're not clear. the neighbors have told us this alleged gunman is in his mid 50s. that he was a quiet man living alone, going to work every day. they say he caused no problems in the neighborhood. the family's attorney told us that the alleged gunman does not have a criminal record. so there are many unanswered questions, in particular, what happened. those hours between the
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accident, the car accident that renisha mcbride was involved in and her approaching the house. certainly this day a very, very sad time for her family, don. >> all right. nic robertson, thank you, nick is in detroit. i want to get more information on this, dig deeper. i want to bringing in legal and nis paul callan and joey jackson. paul, the homeowner has not been identified, hasn't been charged. michigan is a castle doctrine state which means if you believe you're in danger of death or bodily harm, you can use deadly force. >> it goes beyond that. the law assumes that you had a legitimate reason to -- and it makes an assumption that you acted properly. but of course, he has to be in fear, and if the police are able to prove that he was not, he can be charged. >> is that a reason? he has been questioned and many people will say, as we saw in
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the trayvon martin thing, why hasn't he been arrested just to figure out what's going on. >> sure, what happens is, there's an investigation and there should be an investigation that's fair and that are row. it turns on his reasonable belief. now, don, that's not a question that you can answer, that paul can answer, that's a jury question. ultimately, it will be up to, if he is charged and brought before a jury of his peers, he would have to answer the question, was he in imminent fear? did he really believe she posed a threat and a danger. if the answer is yes, he's exonerated. no, he's convicted if charged. >> so the family is saying and many in the family are saying he saw a black woman on his porch and therefore, he shot her because for a number of reasons, because she's black, what have you. it's not as cut and dry as one would like to believe, depending on your pesh perspective, because she had an accident, it was 1:00 in the morning. two or three hours later she shows up on his porch. what happened between that time?
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that's what investigators are looking into, right? >> absolutely, don. what will happen is, he's going to say the defendant, if he becomes a defendant, that can loo, it's 3:00 in the morning. all right? people generally don't bang on my door at 3:00. i had a reasonable belief that i was under attack. then do you address that attack? do you stay in your house? what were the circumstances? was it an accident? did he actually pull the trigger? >> he undermines his defense. >> by saying that it was an accident, would he have been on better legal ground had he said i just shot her? >> i think he would be. now he's saying it's an accidental discharge. if he was defending himself against a burglar, he's got the right to use deadly force. it sounds like he's hedging his bets by saying i didn't fire accidentally. they'll do pull tests to see how hard it is to pull the trigger and discharge that weapon. so it's it's kind of hard to accidentally fire a shotgun.
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i don't know how far he'll get with that defense. >> what about the racial profiling? can we look at this as racial profiling? >> you want to look at everything, of course. but you know, at this point, it would be premature to say that because you have to look and say, was it light outside? could he discern whether the person was african-american or otherwise? was he of the mind-set? did he know? all of that will come into question and it should come into question. you can't at this point just say you know what, he's african-american. as a result of that, it was profiling. a lot more needs to be investigated before we can come to that conclusion. >> you have someone who is killed in your yard, what is the difference whether it was racial profiling or if you were negligenting? do you understand what i'm saying, legally? >> in the end, there might not be a difference because if it was a reckless or negligent shooting, even if you were racially profiling and intened to shoot the person but didn't do it intentionally, it was just
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an accident, you would get the benefit of the defense. racial profiling totally complicates the situation and puts the homeowner in big trouble. >> it goes to animus. if you determine it's profiling, it goes to to whether or not you were acting for that purpose. >> appreciate that. and thanks for watching. we're tracking the typhoon over the philippines right now. around the world with suzanne around the world with suzanne malveaux. -- captions by vitac -- welcome to our international viewers around the world. this is the biggest storm of the year hitting the philippines right now harder than any storm has ever hit anywhere. just take this in. this is super typhoon haiyan. the view from space monstrous. its cloud cover alone takes up two-thirds of the each asian island. haiyan first roared into


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