Transcripts For CNNW Erin Burnett OutFront 20111208 : vimars

CNNW Erin Burnett OutFront December 8, 2011



"outfront" tonight arrested again. former penn state assistant football coach jerry sandusky arrested for the second time. police handcuffed him and charged him with sexually abusing two more boys from his charity the second mile. sandusky was arraigned in court and unable to post $250,000 in cash bail. he remains in jail tonight. sandusky is now charged with sexually abusing a tote ol of ten boys but he continues to deny all allegations. sara ganim is in state college tonight and has the latest on the story. thanks for being with us. >> other attorney told united states he's working on it overnight. he was arraigned too late in the day, that's what his attorney said it was a 3:00 hearing and by the time they could get something together, he was going to have spend the night in jail and hopefully post in the morning. it's $250,000 cash bail. he c put up property or put up cash. he has to post the whole amount not just a percentage. if he's able to post -- he is going to be out on an electronic ankle monitor which is going confine limb to his house. it's house arrest until trial. >> what can you tell us about these boys? >> well, these two additional victims are several years apart one of them, the prosecutor in the room said that he was the most recently abused victim about. his allegation is, is late as 2008, it's around the same time as victim one came forward. other one from 1997 and they both say you know, things very similar to the things that we've already read in the earlier grand jury presentment, which is, abuse over a long periods of time, inappropriate touching and one of them actually goes so far as to allegation rape. >> thank you very much, sarah. we have news about the syracuse assistant basketball coach accused of sexually abusing three young men. the case took a strange turn. no charges are being filed in this case. the district attorney said they would not prosecute bernie fine though the alleged victims were credible. >> in addition to considering the victim's over believability, the district attorney's office was able to interview a person on sunday, november 20th, with significant inside information about the fine household which left one with little doubt that an inappropriate relationship existed between bobby davis and bernie fine, and that lori fine was well aware of its existence. >> the d.a. said the victims' allegations would have resulted in the arrest of bernie fine. so why didn't they? because the statute of limitations expired. this got us upset. we don't know whether he is innocent or guilty. we were upset that if something really happened, a statute of limitations could mean a person guilty of great harm could go free. we wanted to get to the bottom of it. so we got the numbers. by our count, 19 states plus the district of columbia have statutes of limitations on sex abuse. most states give a victim until the age of 18 to report an instance of abuse. but every state is different. it's a damning situation considering that 45% of sexual abuse victims who do tell about abuse don't do it for at least five years and, of course, most people still never tell anyone. isn't a statute of limitations for crimes like these wrong? paul callen is a former nyc prosecutor. mark geragos is a defense attorney. i appreciate both of you being with us. let me start with you, paul. it does seem rather shocking. you look at state by state. i know this is complicated. but why would there be statutes of limitations in these cases? >> well, it exists for a good reason. the reason is that if you try to reconstruct whether a crime too place, it's not fair to go back so far in time. 20, 25 years. you're accused -- let's say you were accused falsely. >> why isn't it fair if you did it? >> what if you didn't do it? what if it's a false claim? where are you going to find your witness to support you? traditionally we've had statutes of limitations in everything but murder in the united states. and there's been a trend though recently, and this, i think, is legitimate. where children are involved, because they have an inability to report the crime themselves, most states have extended statutes of limitations to allow them to become adults and have a certain period of time after that to report it. that probably wouldn't have saved the syracuse case. i think he was in his 30s when he reported it. >> what do you by this this concept of statute of limitations? >> look, paul said it perfectly. what if you have the situation where somebody is innocent? how do you reconstruct, 10, 15, 20 years after the fact? it's extremely difficult to do. one of the more astonishing things though from this press conference from my standpoint though was as this d.a. went out of his way to say, look, there's this exonerating information. he called it brady material which is what the nomenclature we use when we're in court. he said this couldn't have happened basically in some of the accusation but was we're confident beyond any doubt that it happened in other accusations. the problem is that you've got a u.s. attorney who is sitting there, who is doing the investigation, who must be cringing when he sees his d.a. counterpart out there trying the case in public because that's not something that a federal judge is going to take cotton to later on. >> i want to follow up on this though. i know someone sexually abused and didn't deal with it, married, had a family and had his own problems, marriage broke up as a result of it. well beyond the statute of limitations and has no intent of coming forward. but what happens if he did? doesn't he have a right to come forward when his whole life and now ex-wife's life and children's lives are affected? >> it depends on what state. there is a national trend to extend the statutes of limitations. in pennsylvania, until you're 50 you can bring these things up. can you sue for money damages in many states. where criminal charges are involved, the statutes have traditionally been shorter. now, by the way, i think -- i agree that there should be longer statutes in some cases where children are involved. but we have to have a system where there is fairness where we're going to send somebody to prison for a long time. >> i understand both your points. but reconstructing after so many years, it clearly hurt. >> the other problem with this is the u.s. supreme court has already come out in a case that originated in california and said, well, it's fine if you want to extend these statutes of limitations. but you can't revive crimes where they've already expired. and a lot of the hala ba about the statute of limitations are people who are trying to do something that the supreme court has already said you cannot do. i just -- >> let me talk about one practical example. a case i had. i get a call, a catholic priest in his 50s. gets a telephone call from someone who says, i was with you in a camp 30 years ago and you sexually abused me. and the priest says, you know, son, i don't know what you're talking about. you know, if this is true, report it to the police. now we investigated it subsequently. and the person making this claim, it was, in my view, a totally false claim. but you know something? but if that statute had been extended, he could have been arrested on that charge. now is that fair after 30 years? the camp had burned down. there were no records of the camp as to whether they had even been there together. how do we reconstruct it? there has to be basic fairness in the system. >> and if the claims are untrue, it is something in a horrible way ruin the person being accused. appreciate it. still out front, the body of a 7-year-old found near a dumpster. a man who worked in her building arrested. and former illinois governor rob blagojevich sentenced today to 14 years for trying to sell president obama's senate seat. and we've got reports today that moammar gadhafi's son planned to sneak into mexico. his lawyer speaks to "out front" next.on radearchect. this is web-based trading, re-visualized. streaming, real-time quotes. earnings analysis. probability analysis: that's what opportunity looks like. it's all visual. intuitive. and it's available free, wherever the web is. this is how trade strategies are built. tradearchitect. only from td ameritrade. welcome to better trade commission free for 60 days when you open an account. trade commission free for 60 days fore! no matter what small business you are in, managing expenses seems to... get in the way. not anymore. ink, the small business card from chase introduces jot an on-the-go expense app made exclusively for ink customers. custom categorize your expenses anywhere. save time and get back to what you love. the latest innovation. only for ink customers. learn more at chase.com/ink americans love walmart. globally not so much. walmart was trying to tap into india's $450 billion retail market. indian leaders suspended the decision on letting foreign retailers come into the country thanks to resistance from citizens. this isn't just a walmart problem. this is an american problem. u.s. companies about a hard time breaking into the biggest markets in the world collectively called the bricks, brazil, russia, india, and china. and that brings us to our number to tight. 2,868,060,586. that is the estimated population of those four countries. 41% of the people on earth. and a group that analysts tell us that u.s. companies are desperate to reach. walmart's brazil and china operations had struggles. american tastes don't always fit that well into other countries. sometimes there are problems with local governments that don't welcome foreign and especially american businesses. and local companies often have the edge, no matter where they are. american companies need to get into the markets big time to keep being the world's biggest and best companies. so walmart's setback is something all americans should watch. all right. to chris christie right now. a live picture of him at a campaign event. obviously, he endorsed mitt romney for president. this is happening in west des moines, iowa. we're going to be watching this carefully for you. we're going to have more on this in a couple moments. we're monitoring every moment to see what he has to say. you remember when he was expected to make his decision on his own candidacy, he decided not to run but made his endorsement for mitt romney, who is trailing newt gingrich by double digits in national polls. this is a time for me to be strong for my children, be strong for patty, and this is also a time for patty and me to get home so we can explain to our kids, our babies amy and annie, what happened, what all this means and where we're going from here. >> well, what it all means is that former illinois governor rob blagojevich has 90 days left as a free man. after that he'll start serving a 14-year prison sentence, that's what he received today. he was found guilty of corruption after trying to make a profit of selling then-senator president obama's seat. cook county commissioner, thank you for coming out front. you say it's no secret. you're not a fan of the former governor. you called for impeachment. that said, do you think he got a fair sentence today? >> i think the sentence that came down today is harsh but justified. you know, let me be clear. i have sympathy for rod blagojevich as a father and husband but not a governor that tried to shake down a children's hospital and try to keep the state at a standstill and sell off the president's former senate seat. >> so he's now the second illinois governor who has been sent to jail. what does that send to the state's political community? i mean at first there were sort of jokes about the mafia-like atmosphere in illinois politics. but what does this mean? >> it's not just the second governor. he's the second consecutive governor to be sent away to jail. fourth governor to go away in four decades. when is enough enough? former governor george ryan got 6 1/2 years. that didn't send a signal. rob blagojevich ran on a platform of cleaning up corruption in politics. sure enough, he wound up taking it to an art form. hopefully a 14-year sentence will send a message loud and clear to other people that it's time for a change now. politics as usual in illinois cannot continue. voters can't put up with it anymore. our economy can't put up with it anymore. >> all that true. but he, you know, he -- you heard his apology the other day. he admitted that he had done something wrong. he said, i didn't think so at the time. it was sort of the first time he really admitted it. it was a plea to spend time with his family. you weren't won over at all? >> i've got to tell you what, when you're up there and for the first time that you actually accept any responsibility for your actions, is that the sentencing phase? i think it's too little too late. this is somebody that went on to the media constantly to take on the judge, take on the prosecution, and was very defiant until the end. if he believed he was innocent, then he believe he was innocent. for me to think that he had a revelation today, it's too little too late. now that being said, i think the fact he did do that today probably led to the judge taking a few years after of that sentence, keeping in mind for anybody that thinks this sentence is harsh, the prosecution asked for a 15 to 30-year sentence. the judge came down below that at a 14-year sentence. and there's no question, listen, that's a long time, even under federal guidelines he'll do just under 12 years. but that means his oldest daughter who is now 15, she'll be in her late 20s by the time her dad is out again. his youngest daughter will be coming out of high school. you know, that's the tragedy here. >> it is. all right. thank you very much, sir. we appreciate you taking the time. viewers, let us know what you think, fair or too much for the sentence nor rod blagojevich of 14 years. post your thoughts on our facebook page. reports that moammar cogadhafi's son tried to sneak into mexico and buy safe houses there. that's what mexico's interior minister announced today to the world. i spoke to sadi's lawyer who told me that he is still in niger, the country that has given him political asylum. he also told me that he has not tried to flee since he arrived in the country. here's his statement. he said, quote, the sensational nature of the mexican press conference was designed to discredit my client who since fleeing for his life has shown complete respect for the ung u.n. sanctions and the republic of niger. cnn's international report nick robertson met sadi. >> for sure he doesn't want to spend the rest of his life in niger and for sure he wants a better lifestyle. he's used to the cosmopolitan way of life, spending a lot of money, having a lot of money. having a decent lifestyle. he spent some time in hollywood. that is the kind of life and that's the kind of guy he sees himself being. absolutely he's going to try to get out from where he is right now. he's also the kind of guy that kind of things that he didn't really do too much wrong. hey, you should be accepted back into the rest of the world. >> saadi's brother was thwarted in his attempt to sneak into niger. he is captured and held in an unknown location. >> governor christie is stumping for mitt romney in iowa right now. we showed you he's speaking. will his endorsement be enough to turn it around and help romney get some movement again? and tom cruise scaling the world's tallest tower. it's a story you can't resist. 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