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tv   Legal View With Ashleigh Banfield  CNN  November 10, 2015 9:00am-10:01am PST

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demands, she was tasered. meanwhile, the officer walked a away from the incident with minor cuts and bruises. >> it was pretty wild. it is amazing that he didn't get injured, severely. >> unbelievable. well, that suspect is now charged with assault and battery with a deadly weapon an dui and several charges. thank you so much for joining us at this hour. "legal view with ashleigh banfield" starts right now. banfield" starts right now. have a great day. -- captions by vitac -- www.vitac.com hello, everyone. i'm ashleigh banfield and welcome the "legal view." we are getting word now on what started the police chase that led to the shooting death of a 6-year-old boy in louisiana. little jeremy mardis had autism, and jeremy could not speak, and he was defenseless as he sat in the front seat of his father's truck and shot by police five
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times in the head and chest. now, a source close to the case tells cnn that the two officers started their pursuit of the boy's father after they witnessed an argument between chris few, the father, and his girlfriend in front of a local bar. our nick valencia is live in marksville, louisiana, for us today. and so, what is it that the apparently the officers saw that set in motion this deadly chain of events? >> well, the source close to the investigation characterized it as a domestic di put, and whether it was a verbal confrontation or the physical confrontation is unclear, but chris few did leave the scene and what the marshals saw was enough to pursue his vehicle. that ultimately ended in a dead end and 18 shots fired into the vehicle. chris few was injure and still in the hospital, but it was his little boy fatality shot hit five times in the head and the
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chest, and ashleigh, today is one week since the shooting happened and it is unclear why the authorities used e lethal force and because of a gag order issued by the e local judge h e here, the answer to that may not come any time soon, ashleigh. >> and yet, we are getting some answer answers albeit in dribs and drabs from the players joining the case, and were not present, but an attorney in the case representing the father says that there is body cam video clearly showing that this father had his hands up when the shots were fired. is that true? >> well, there is some discrepancy in that reporting being told to the associated press. we don't know if the attorney the has seen the tape, but we are told that it is a few people, a judge and another local official who have seen the tape. we have reached out to the toerngs a attorney, and he said that he did not want to comment on that, and ashleigh, it is a small community and five people in marksville, louisiana, and people want to have a reputation
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and tied into each other, and the district attorney here has recused himself from the case, because the assistant district attorney, his son, for tnorris greenhouse is one of the deputy marshalls that is charged with the murder of the 6-year-old. we we spoke to the mayor yesterday and he is nonchalant when he talked to me about the suspicion of corruption, and he say stls a division of the police force and he, himself, has had a negative account with derrick stafford, one of the deputies charged in the murder, and listen to me to what he had to say about himself in the community in marksville. >> it is a close-knit community and he has friends in high places. we tried to go ahead and i tried to talk to the previous chief about it. you know, nothing was done. that is why at the time that i had a problem that i wanted to get rid of the chief, because of some of the issues not getting addressed. so we hired another chief.
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>> so you can hear him there talking about wanting to get rid of derrick stafford, the marshal here locally charged in the murder. we can tell you that greenhouse and staff theford were transferred here 40 miles away to alexandria, l.a., and they y that the jail system is better suited to the handle the two individuals. ashleigh? >> nick valencia, reporting live, and thank you for that. the other big story here on "legal view" out of texas and the first potential break in the ambush shooting of the long time judge. police in houston are questioning a man who is said to have some sort of conm menectio the judge. her name is julie kocurek, and apparently the person questioned is picked up on a warrant in an unrelated case, yet has this connection to the judge. cnn's ed lavandera is joining the case, and he joins us live as well. do we know the connection of
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this person has and what kind of questions they are asking? >> well, we have not been able to nail down the specifics of all of that, and just exactly how investigators came to focus in on the person, and what exactly does it mean by the connection, and obviously, a lot of friends and colleagues here in austin, texas, have been telling us for several days that they are convinced through the judge's work here through the thousands of cases in the years that the perhaps there is someone in there with a judge and that is where the investigators are looking, and that is is how the friends and colleagues are convinced that this connection and the targeted attack might stem from something in the caseload here working as a judge in texas. but this law enforcement source, ashleigh, tells us that this person was arrested and is being questioned on unrelated fugitive warrant, and this is executed late last night. so exactly what has happened since this person was taken into custody, we are not exactly
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clear. austin police department is not offering or making any public statements about this person being taken into custody, and the family of the judge is not saying much either, and although the family is saying that the judge is steadily making improvements in her recovery and expected to make a full recovery. ashleigh? >> and ed, this notion that you are reporting from austin and the arrest was made in houston and any fact that there are two cities and the communications between them and why that person was in houston and anything to be made of it? >> it is would be total speculation at this point exactly, and there is a lot of, you know, suspicionings and swirling around. obvious ly, the talk of the courthouse here, and obviously, this person being picked up in houston which is a good three-hour drive away from austin is raising more questions, so, you know, we are trying to dig into that as much as we can.
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>> thank god judge kocurek survived the shooting. ed lavandera when we know more, please bring it to us. thank you for that. i am happy to be judged by a colleague of judge kocurek, and this is the president of the austin bar association who happened to work with judge kocurek, and judge, thank you for joining us. >> thank you for having me. >> and can you tell us anything, sir, that we don't already know about this extraordinary mystery of the shooting of your friend. >> well, there's not much that is being said. it appears to have been some planning involved here. there appears to have been a trash can placed in the driveway and then the attack happened shortly thereafter. so they appeared to have planned it fairly specifically to get to julie. >> judge shepperd, it is not lost on anyone who is following this story that the judges have to make real tough decisions all
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of the time, and at least 50% of the courtroom is somewhat unhappy about the decisions, and your colleague has been on the bench for a long time. she was a prosecutor for a long time, and that would amount to a lot of cases to go through to find a nexus to the shooting, and what work is being done in that avenue? >> i had a friend speaking to the prosecutor in the court the other day, and they were talking about the cases they are going through, and there are thousands of them literally and she said essentially, it is like trying to find a needle in the haystack. so there are thousands of cases that she has been through and thousands of cases that she has been through, but they are all doing the work, and it is tragic and everybody loves judge kocurek >> again, you don't expect it to happen. yet, in texas, in your state, it has happened and it is has been happening and i have reported it on this e show, east of dallas several shoot inings of the peo in texas jurisprudence and it makes me wonder if the bar
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association which you are the head is doing anything differently to protect the members. i would direct that question towards members like prosecutors and not so much the defense attorneys, but the prosecutors and the judges who do have to make the tough decisions. >> well, whenever an incident like this takes place, you try to assess where the security is and how to make the security better. that is happening now, and the administrative judge, judge livingston is going through with the law enforcement personnel to make sure that whatever we can do to make sure that we get better security, we are going to do. that is some of the things that are going on. the bar, itself, it is not really a part of the discussion, but because i am a judge, i am a part of the discussion, and we will continue to focus on the law enforcement agencies here doing a great job, and the sheriff's office and the police department and the constable office are all participating to make sure that everybody is safe and secure in not only the
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criminal courthouse, but the civil one as well. >> do you have any protection given you have a role just like hers? >> well, they are looking to what to do, because the additional protection is part of a package to deal with. i think they will come up, and we don't talk much about what is going on and i may change my route a little bit or be more vigilant in how i look around my surroundings, and all of the judges are now on a high alert at this time, because basically, you are trying to be sure that if you see something out of the ordinary or see something unusual you will make sure that you will take a few extra precautions to make sure that you are safe and the family is safe. >> and judge shepperd, there are is so much chatter about the cases going on and is there chatter around your courthouse where there are certain cases where where you have a suspicion, and somewhere where perhaps the focus is more intense or are you all absolu absolutely bewildered? >> that happens almost everyday.
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i mean, i don't think that we are bewildered and that is why they are going through the cases that she has had over the course of time. all of us are sharing information of how to do it, and what to do and to make sure that our surroundings and making sure that the surround inings and if there is anything out of the ordinary, we notify the police officers and make sure it takes place. it is a tough situation. we all tend to get a little bit of comfortable where where we are walking and dealing. in fact, i got driven down here today and i would usually walk downtown, but we are all taking a few more precautions to make shure that we are safe. an attack on judge kocurek is an attack on the entire legal community and we can all do better to make sure that we are aware of our surroundings, and appropriately report them to the law enforcement personnel. >> and she works for us, and so it is an attack on society.
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i thank you, and we don't often get judges on the program and it is a treat to talk to you, and so i am sorry it is under these circumstances, and we hope that you get to see your friend and give us our well wishes. thank you, judge. >> i sure will. thank you. >> judge eric shepperd, texas county judge. and also, tonight, will trump turn on carson and rubio? and can jeb turn the tide? will they all turn on the media? it is the gop debate night, and we will tell you what to be on the lookout for coming up. with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in.
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every chance he can to attack the frontrunner ben carson about the allegations that he is effectively redeemed himself after what he says is a violent childhood. listen to what trump said. >> you stab somebody, and the newspapers say that you didn't do it. and you said, yes, i did. i did it. no, you didn't. yes, i did. i stabbed him and it hit the belt. and they said that you didn't do it. if they said that i didn't do it, i'd be so happy. >> it is kind of weird, isn't it? upside down this year. >> and then this from jeb bush who was asked about of all things adolf hitler. have a look. >> if you could go back in time to kill baby hitter, and i need to know. hell yeah. >> even if he was cute. >> look, you have to step up,
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man. >> it is supposed to be tongue and cheek, but who knows. tonight's debate in milwaukee is the first time that these candidates have gone head and head and looking at the list, eight of them will be taking part on the main stage this time, and not the whole pack. i want to bring in cnn's media correspondent brian stelt seltz is live at the debates. and i wanted to know about who is getting tout the kevlar, and this is a fox business debate, and you would think it is all about the money and the economy, but such strangeness going on right now. where to you expect the debate to be ggin and ultimately end? >> well, starting to get a little bit busy here, and even though it is many hours to go before the debate tonight. what we will see is a tone set at the beginning about the economy, and about business issues, but we will see where the candidates end up taking this, and the candidates may be
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more interested in the rivals and the attacking of them personally than the ideas. i talked to one of the moderators maria bart rbartarom she said that she wants to keep to business, but it becomes more about personalities and what donald trump says about the rivals and how they the respond. the rules are 90 seconds to the answer 0 seconds if they are mentioned, so there is more time for them to talk about policy, and issues that we are hearing about. and ashleigh, i do believe this is a hitler-free debate though. >> such a weird question. let me ask you about the suggestions on how the format is one thing to give a certain amount of time for responses, but then the notion that you can set up questions to have candidates responding to each other directly or answer to each
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other or defending each other or not. and have these moderators given any clues as to what they plan to do to mix it up a little? >> well, for one thing, they want it to be the anti-cnbc debate. they want to draw a sharp contrast to the rival cnbc since that was so poor a few weeks ago, but we will see the encouragement of the debate much like cnn's debate, and it feels like so many debates, and there has only been four, and that is because the last one was a couple of weeks. and so if you don't stand out tonight, a n your candidate is not doing well, the next one is not for five weeks. and so that is something to pay close attention to. and the fact of a eight candidates as opposed to ten is a real difference, because you will have more. and thet a junior varsity debate, four candidates erl kwer in the night, but so far, a candidate has not come out to
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impress. and carly fiorina has made it of course, but not many people are talking about her. and lindsey graham was the last bett eter performance, but he i not even in the debate. after this one, it is five weeks. >> five weeks? >> yes. >> that is going to be tough. i had just the answer. thank you, brian stelter. and by the way, we have more post debate commentary with my guy anderson cooper right there. and he is going to give you the high points and the low pointser and everything else. coming up we will hear from the republican party chair mman reie priebus. and then you heard what brian
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said, you will have to wait five weeks if you nisz one or if you are so keen on the debates the next democrats' debate is saturday in iowa. make the plans and get the babysitter. this as a new poll is coming out in a key southern state, south carolina. it shows that hillary clinton is the lead with 69% of the vote conducted by monmouth university. the strength is coming from clinton's huge dom mans of the black democratic voter demo. among the black voters clinton has 77% to sanders' 12%. she also has a double-digit lead among the white democrats as well. coming up next, a funeral this hour that should not be happening, because the little boy is just 9 years old who is being remembered. he is the victim of a crime that
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to chicago where a community marred in violence is shocked over a brutal and senseless tragedy lt the funeral is being held at this hour, and these are live pictures outside of the church. inside, 9-year-old tyshawn lee is being eulogized. police say he was lured into the alley, and shot almost point blank range multiple times in a gang retall atiation.
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gang retallation. the allegations being that since his father had gang ties, this was something to get backt at dad. chicago's police superintendent calls this the most cowardly unfathomable crime that he has witness ed witnessed in the 35 years of policing. ryan young is outside of the church where that funeral is taking place. ryan, this is the kind of funeral that galvanizes a communi community, and even a community that sometimes lives by a code of silence, and that is is what the police say is after foot here, a code of silence where nobody is talking, even the father of the dead child won't work with the police. is the funeral to your knowledge making any headway at breaking that code? >> tough question, and one that you almost don't want to answer in anger to a certain extent. first, we set the scene here. you can see the officers surrounding the the area, and
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there are dozens of areas surrounding the church. the families on the inside, and the service has started. you talk about the code of silence and the idea that maybe the community would galvanize around behind us, but we have not seen the community galvanize, and people thought that there would be large crowd, but it is mostly family members arriving to remember tyshawn lee. and on this program, it is him wearing sponge bob and square pants, and look at the life in there, and one thing inside of here, he loved the sour patch kids. this kid liked candy and basketball and no reason out here talking about a funeral and talking about gang violence, but that is what it has come to, and people are talking about the code of silence that exists here, and there is a $50,000-plus reward being offered right now for tips from the community to help do this, and that is not happening. some community activists are very angry about what is happening here in the community.
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>> i just left up out of this church, saw a 9-year-old boy lying in the casket. where is the black lives matter? black lives has to matter more when the cops are involved, but when black kill black, we need to see black lives matter here in chicago. >> so we have the mayor on the inside, and we know a congressman is inside of the funeral, and there is a larger conversation about the idea of when is this community going to be fed up. a 14-year-old was shot days later after the 9-year-old, and a lot of people are looking for answers in a city where over 2,000 people have been shot so far this year. >> it is just so distressing -- what you just held up, you know, this is only a few days after he was out for halloween presum bli. ryan young, thank you for that. come up next, the growing belief that bomb brought down the russian airline r. it could bring significant
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brought down jet 9268, and prospect unproven, but strongly suspected by u.s. and british intelligence is focusing on what one official calls the back window of aviation security. that is airport workers. in the united states, airport worker workers are vetted once when they are hired. and they are hired by tsa contractors who work for the
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individual airports. the standards are just about the same as for say you or me if we applied for the tsa pre-check program that lets us kind of not skip the line, but we don't is have to take our shoes off, and the line is a little bit shorter. after that, the workers come and go at will in some of the most sensitive areas of airports and hane hangars and tarmacs and anywhere a plane goes. rep nay marsh joins us from washington. rene, the obvious kwi is, wow, is that changing now that we are talking about the 99.9% certainty that brought down the plane in the sinai by a bomb, because we had the intelligence in 9/# # 11 and why would it take something like this in egypt to pull us up by our bootstraps if we are even doing this? >> well, ashleigh, the issue of the potential insooider threat
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something that i am hearing a lot about from a lot officials, specifically, those that are very involved in the aviation security right here in the united states. i spoke with one congressman who has been looking at this issue for quite some time, and he says, look, we just do not know enough about the close to 1 million airport workers who have this access to the most secure parts of the airport. he is really focusing on the vetting process right here in the united states. he has some concerns, and i can tell you that he has authored legislation that would number one increase the number of background checks that happen when these a airport workers are hired. so beyond the hire date, there would be reoccurring background checks. this legislation would also call for increased physical screening of these individuals as they show up for work at these various airports. just to make sure that things
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are on the up and up. and even the tsa will make sure of the concern of the trusted population and they have unfettered access and you just do not know when things will go wrong. it is really hard to tell when someone is going to make that turn. that is the tsa's number one concern at this point. ashleigh? >> all right. rene, thank you for that. rene marsh reporting from washington, d.c. on paper it is solid the airport op erator collects the applican data and then a tsa contractor reviews and hands it off to the fbi. and the fbi runs the fingerprint and the background cheblg,ck, a what could possibly go wrong? let's think it through with the next guests who say plenty. david soucie is a safety analyst, a nd paul kruk shank i
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a terror analyst. so guys, i was looking through the stuff that travelers don't usually know about from the folks working at the airport. david, i will start with you. the airports use the tsa contractors to do the background check, and the terrorism basis, and the criminal histories and all of that, but effectively, the tsa is relying on the airports and their systems. we all sort of thought that it had to be the federal government or the homeland security or somebody who is serious at the helm of the extraordinarily important security stuff. >> you know, ashleigh, it is going to be coming down again to money, adds it always does, but the tas if they take responsibility for that, they have to take responsibility for it and they need limits, and we will do it, but it is on your budget and your time, and that is first part of the problem starts. the second part is that they may do the criminal history record
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checks hen they are hired and as was mentioned just earlier, they are going continue to do these, which is the plan going forward, but the problem is that tsa does not have the authority to say what is the litmus test? they can do the records check and say it is wrong or that is bad or good guy or bad girl or guy, and that is, let's get rid of that and say that there is a limit, but tsa does not have the authority to say that, and to say who can be and can't be approved. they say we did the check. >> and it is sort of defying logic when i saw that the tsa is not authorize ed d to receive af the categories of the terror watch list which seemed oodd to -- seemed odd to me, but paul, anybody can be radicalized at any stage of his or her life as we have witnessed here in the united states and it has happened, and if you get the prechecker, it is the all-clear and two or three years later,
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you are working at the airport job and you read some bad propaganda, shouldn't it come down to going through the magnetometers that is more stringent than the passengers. they are going right into the belly of the plane and into the ka catering area, and all over the plane, and why not just very, very secure at the airport regardless of the background check says about you. >> ashleigh, that is exactly right. they will be taking another look at who gets access to what parts of the airport, and obvious ly, first the people coming into the airport, security perimeter there and then different lay yalayers, and then more after you get to baggage handling after the screening, and so that is more sensitive, but they will be taking a a look at all of it. and in the past in the uk in 2010, uk intelligence agencies u
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uncovered evidence that the baggage handles at heathrow were s sympathetic to al qaeda and also some of the the screener, and al qaeda in yemen were looking to leverage that to perhaps plot an attack. so we have seen it in the west befo before, and they will be take a look at all of the security aspects, ashleigh. >> all right. paul cruikshank, and david souc soucie, thank you as well. it is is hard to believe that the u.s. is considered the gold standard when it comes to this kind of security around the world. >> and now, coming up, now that 6f,000 inmates are suddenly back into society because of president obama's push for early release, where do they turn and how do they fit in? how do they find work? how do they find their way? at l t lolot of interesting infn is coming your way.
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more than 6,000 nonviolent offenders are getting acquainted with society. many are headed to texas and florida, and under the new guidelines of reducing sentences of federal drug el felon, and again, not violent. and jean casarez has spoken to one man who got his freedom but he is having trouble disk
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disconnecting with the past. >> reporter: for many of the inmates released, it is a number of motions. >> fear, happy and so many. >> reporter: he gained his freedom last week end. he was convicted with planning to distribute 500 grams or more of cocaine. >> was it easy money? it was not that easy. i went to jail for i. >> sentenced to 51 month nors f the non-violent felony. he went to drug treatment. >> reporter: when you went to prison, did you make a decision of what type of life you would lead when you got out of jail? >> i made the edecision the moment i was sentenced. >> reporter: michael fitzpatrick is the chief probation officer for the southern district of new york, the largest probation office in the country. he is in charge of over 100 probation officers who are
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supervising the release of offenders into the community. >> how is the adjustment so far? >> reporter: a job they don't take lightly. >> we have a group of talented probation officers who are helping them in the transition back to the community. >> reporter: nationwide, an additional 148 probation officers have been hired and a mere 2% increase. >> you are trying to e teach them the skills and how the to make better decisions. >> i made poor decisions, and i think that the main reason for getting involved is straying away from positive lifestyle, and hanging around the wrong people. >> reporter: and those old associations have come calling. l let's say some people from the old gang find out that you are out. >> oh, they know i am out. they see me. and it is about the way you carry yourself. if i carry myself as if i miss this place or i miss being around them, then they are going to invite me, but once they see
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that they already see that i am past that, it is about staying a away. >> reporter: staying a wway fro the bad and being grateful for the good. but despite all of the good comes one extremely big hurdle. walker was convicted in the past of what some may be surprised to know is a violent felony, possession of an unlawful firearm. >> i hope that does not hinder me in my movement forward. i have no victims. >> reporter: although walker knows it may present challenge, his passion and priority is to be given a chance to earn a living and then chart the course for his 5-year-old son. >> my way of breaking the cycle is to be there for him, and that way i feel like i put morals in him at a young age, and he is a better decision-maker than i was. >> jean casarez, new york. >> coming up next, two years after cnn had the documentary "blackfish" on the air highlighting killer whales suffering in captivity, sea
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world says they are going the end the orca entertainment shows and what is really behind this move? 40,000 sets of eyes, or a million sleepless nights. whether it's building the world's most advanced satellite, the space station, or the next leap in unmanned systems. at boeing, one thing never changes. our passion to make it real. ♪
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with the news that killer whale shows are officially over at one of sea world's theme parks, the big question is what comes next? starting next year the company says that the theatrical shows will end, and something called a new orca experience will debut in 2017 with what is being called a strong quote conservation message. but for now, the theatrical shows will continue at sea world's other parks in orlando and san antonio. all of this coming after sea world faced abuse allegations, and tremendous backlash after the film "blackfish" aired on cnn showing how killer whales
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respond in captivity. focusing on an orca that caused the death of a trainer in orlando, florida. have a look. >> reporter: when you look into their eyes, you know that somebody is home. >> they are an animal that po sess great spiritual power not to be meddled with. >> all whales in captivity are all psychologically traumatized. >> if you were in a bathtub for 25 years, don't you think that you would get a little psychotic. >> the industry has the vested industry to spin this, because it sells a lot of shamu dolls the and tickets a at the gate. >> no record of a whale doing any harm in the wild. after the documentary aired, sea world's attendance drop and the stock prices fell, and the company battled back against the claims saying, quote, that
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blackfish is billed as a documentary, and instead of a fair and balanced treatment of a complex subject, the film is inaccurate and misleading. i want to bring in tim zimmerman who is an associate producer and writer of "blackfish" and notwithstanding the response from sea world after "blackfish" has aired, and they have vowed to scale back the programming of orcas. what do you make of it? >> well, it looks like the public believes "blackfish" more than sea world. it is not about captivity and breeding, but after spending millions to fight "blackfish" and shaping public opinion, sea world is noticing that they are turning away the classic shamu circus show. they are tweaking the show, and hoping that it will bring the crowds back, and if not, they
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will have to evolving the whole model, and in the u.s., the killer whale shows are will come to an end. >> we don't know what the new orca or more natural experience is to entail, because we don't have the details, but one thing for certain, and you are an expatriot, you can't take the whales and release them into the wild. what are you proposing is the best solution for these whales? >> well, that is true. that is the the 24 killer whales that sea world has in the u.s. are going to be spending their lives in sea world if they are not shipped abroad to asia or the middle east. when they say they stop captive breeding, that when we know they will give up on the idea of killer whale captivity, and that is what people are waiting to see that sea world will do under public pressure. >> some have said that the bert solution of keeping the whales in the facilities they have
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currently is to have a sea sanctuary or sea pen of some kind, and i am wondering, could they do that and theoretically get any revenue from the public, and anything that you can actually see if you wanted to sort of experience an orca hike a zoo-like learning experience and if there are so-called sea pens? >> well, in theory, they could do it, but organizing permits would be a nightmare. but sea world does not want to rid of the animals that are enormously valuable. i think that in san diego, it will be more like a zoo-like experience where they talk about populationsb and conversations. but for the whales, they don't believe it is going to change their existence. so for people who don't believe they should be in swimming pools or bathtubs, it is not going to be completely changing the model
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altogether. >> thank you, tim, for talking to us. >> sure. >> tim zimmerman is going to air "blackfish" saturday night at 8:00 p.m. eastern time, and watch the documentary this saturday. thank you for watching us, everyone. stay tuned. my colleague wolf blitzer is my colleague wolf blitzer is going to start right now. -- captions by vitac -- www.vitac.com hello, i'm wolf blitzer. it is 12:00 p.m. in milwaukee, wisconsin, and 1:00 p.m. in washington, and 8 :00 p.m. in jerusalem. wherever you are, thank you for joining us. we are just hours away from debate four from the republican presidential candidates, and the face-off tonight is critical for several of the candidates hoping to stop their fall in the polls, and stay within shouting distance of the two frontrunners, ben kar

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