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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Dippolito Retrial Day One; Woman Attacks Ex-Boyfriend With Car; Peeping Tom Caught on Video; Video Shows Black Teen Running From Jeep Before Death; Georgia Police Officer Gunned Down Near College Campus; Sofia Vergara Sued By Her Embryos; 9-year old Boy Says He Was Body Shamed By Santa. Aired 8-9p ET

Aired December 7, 2016 - 20:00   ET

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


[20:00:00] (BEGIN VIDEOTAPE)

ASHLEIGH BANFIELD, HLN HOST: The moment Dalia Dippolito is told her husband is dead.

DALIA DIPPOLITO, CHARGED IN MURDER PLOT: Oh! Oh! Oh! Oh!

UNIDENTIFIED MALE: He`s been killed, ma`am.

BANFIELD: Such tragic news -- if it were true. And now it`s day one of her second trial as cops roll out more undercover video of her actually

hiring the assassin.

Police say she was drunk when she plowed through her ex-boyfriend`s yard, Christmas music blaring, screaming "Merry Christmas," and nearly hitting

his family.

Police say they finally busted a suspected serial perp for peeking up the skirts of Walmart shoppers.

A sickening video plays out in court, a teenager running for his life as a couple runs him down in their Jeep.

(END VIDEOTAPE)

BANFIELD: Hello, everyone. I`m Ashleigh Banfield. Welcome to PRIMETIME JUSTICE.

Testimony has just finished up, in fact, a short time ago on day one of the murder for hire retrial of one Dalia Dippolito. If you don`t remember

here, this might help. She was convicted back in 2011 for the whole hiring an undercover cop to kill your husband basically. And she got 20 years in

prison for it, too. But then an appeal actually was successful and that conviction was tossed.

So now the prosecutors are gunning for her again, this 34-year-old woman, trying to convict her on the charges that she hired a hitman to kill her

husband. And if you need a reminder of why this case is so darn fascinating, well, one, there`s the Internet. And then also, there`s all

of this undercover video of the whole process.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED MALE: We had a report of a disturbance at your house, and there shots fired. Is your husband Michael? OK, I`m sorry to tell you,

ma`am, he`s been killed.

DIPPOLITO: Oh! Oh! Oh! Oh!

UNIDENTIFIED MALE: He`s been killed, ma`am.

DIPPOLITO: Oh! Oh! Oh!

Oh, my God!

UNIDENTIFIED MALE: He`s alive.

DIPPOLITO: Come here, please. Come here. Mike, come here! Come here, please! Come here!

(END VIDEO CLIP)

BANFIELD: Surprise, he`s alive. That`s why it made such an Internet sensation.

And in court today, the prosecutor`s narrative was pretty straightforward. This is a simple case, murder for hire. But Dalia`s attorneys are planning

to prove something else, that she was instead the victim, the victim of police, yes, that she was the victim of the police because the cops were

trying to get famous by being on a TV show called "Cops." Follow me?

Terri Parker does because she was in court and she knows the story back to front. She`s an investigative reporter for CNN affiliate WPBF, and she`s

live with me now.

It almost makes me laugh every time I see that video. And I can laugh. Honestly, Terri, I can laugh because he did not die. It didn`t happen.

And so seeing her break down and seeing the cops all in on the game, knowing that this was all baloney, it`s almost delightful because it`s a

trap.

So work with me here and give me an idea of the feeling of this case, as we get those open (ph). And for our viewers, Terri, I`m going to play the

prosecutor because sometimes what the jury hears first is what sets the tone and sets them on their course for a verdict. So have a listen to the

prosecutor.

(BEGIN VIDEO CLIP)

CRAIG WILLIAMS, PROSECUTOR: What`s great about this case, it is based 100 percent on Ms. Dippolito`s words, her actions and her intent, 100 percent.

August 5th, 2009, the day of the hit, the police surveil her house in the morning. And of course, a little after 5:30 in the morning (INAUDIBLE) she

leaves to go work out at the gym, so her husband can get two bullets in the head and be murdered (INAUDIBLE)

(END VIDEO CLIP)

BANFIELD: Well, of course, that`s not. Right, Terri? There`s always the open for defense, as well. The defense says, No, this is all about the

police, and they`re the bad guys. So have a listen real quick to Brian Claypool, the defense attorney.

(BEGIN VIDEO CLIP)

BRIAN CLAYPOOL, DEFENSE ATTORNEY: This is a case about a rogue police department, the Boynton Beach Police Department. This department was more

dead set on generating an episode of "Cops" TV.

(INAUDIBLE) police department`s supposed to protect and serve? The evidence in this case will show this police department was deceiving and

manipulating for their own fame and notoriety.

(END VIDEO CLIP)

BANFIELD: Rogue, rogue, Terri, rogue police department. You were in there. How did the jury, you know, take all this in?

[20:05:00]TERRI PARKER, WPBF CORRESPONDENT: Well, it was interesting because this is the first time we`ve heard so much about this supposed

rogue police department that`s just hungry for fame and was just dying to be on this episode of "Cops," and they had this juicy story fall into their

laps. And the defense is trying to say, Hey, this is exactly what engineered this entire plot. It wasn`t her. You know, she was just going

along with the pressure and intimidation, and it`s this cop department they`re trying to allege that is behind it all.

And the jury, they`re kind of hard to read because, you know, at first, when the prosecutor came up, he was so cut and dried. He just had a little

graphic, and the poster was handwritten, and he did a timeline. And then it was the defense that came out was a bit more emotional. The jury didn`t

show too much reaction during that part.

BANFIELD: OK, so Jason Brodie is the divorce attorney for Michael Dippolito, who was, of course, the target of this hit that did not actually

happen. So we still have Michael Dippolito among us, thank God. He is not murdered, even though his wife was told he was.

Jason, what do you think about this, this whole notion that her defense is trying to suggest that the police department effectively entrapped her in

all of this?

JASON BRODIE, MICHAEL DIPPLOLITO`S DIVORCE ATTORNEY (via telephone): Yes, that`s where they`re going this time. They`re basically putting the

Boynton Beach Police Department on trial. They`re taking the spotlight off of Dalia Dippolito and what she did, which was try to hire a hitman to kill

Michael Dippolito, and they`re taking the spotlight and putting it on the Boynton Beach Police Department because there`s nothing they can do to

prevent all the tapes which show that she wanted him dead. She was 5,000 percent sure that she wanted him to die.

BANFIELD: Yes, 5,000 percent, those were her words, actually, on tape when they were trying to give her an out and she said, No, 5,000 percent, I`m up

for this.

So quickly, there is another player in all of this, the informant, who was a friend of hers, Mohamed Shihadeh. And there`s this video that played in

court today, and it is -- I mean, look, if you`re on the side of the prosecution, it`s just delicious, right?

She`s in a car, in the passenger`s seat, and Mohamed is in the driver`s seat, and they`re actually going through the plan on how to navigate how

this is all going to go down and how Mohamed`s actually going to get that hitman to make it all happen. Oh, it`s just great! Just have a look at

it.

(BEGIN VIDEO CLIP)

MOHAMED SHIHADEH, FRIEND: Honestly, you think it`s worth getting killed over that much money?

DIPPOLITO: It`s not even over the money (EXPLETIVE DELETED) money. Like, you don`t (EXPLETIVE DELETED) get it? Like, it`s not even about the

(EXPLETIVE DELETED) money. Like, you know that money, we`ll spend it in the (EXPLETIVE DELETED) blink of an eye. It`s not about the (EXPLETIVE

DELETED) money. Like, it`s about, like, his (EXPLETIVE DELETED) friends and all that other (EXPLETIVE DELETED).

Like, the thing is, like, OK, with his wife, like, she didn`t have anything. They were, like, rending, so, like, divorcing her, it didn`t

matter. Like, me going and (EXPLETIVE DELETED) filing for divorce, like, he`ll come after my (EXPLETIVE DELETED) ass, period.

SHIHADEH: This is all, he goes, OK, and like, you know you don`t contact him, he don`t contact you and he might tell you to get out of town or

something for a day, you know?

DIPPOLITO: Yes, but the problem is that I never go out of town. So now all of a sudden, this (EXPLETIVE DELETED)`s going to go down and I`m going

to go out of town? Like, I`ll go to Boca or I`ll go somewhere else, but, like...

SHIHADEH: You need, like, an alibi to be somewhere...

DIPPOLITO: Right. Right.

SHIHADEH: ... where they can verify when it happens.

DIPPOLITO: Yes, I`ll go get my hair doe or something, or I`ll be somewhere. But I mean, to go out of town? I never go anywhere. Right

away, everyone`s going to be, like, Oh, what a coincidence. You never (EXPLETIVE DELETED) go anywhere, and the day you leave, this (EXPLETIVE

DELETED) happens.

SHIHADEH: After he kills him, whatever, your mom and all of them are not going to -- like, his mom is not going to, like, be suspicious of you or

anything like that.

DIPPOLITO: Why me? Like, do you know what (EXPLETIVE DELETED) killing somebody is?

SHIHADEH: Didn`t you say that...

DIPPOLITO: Yes, but killing somebody? Come on. I mean, that`s (EXPLETIVE DELETED) -- you know, nobody`s going to be able to point a finger at me.

SHIHADEH: As soon as he brings you the paper, you know, he`s dead, you`re going to have to pay him.

DIPPOLITO: All right.

SHIHADEH: Seriously...

DIPPOLITO: What paper is he going to bring me? I`m going to know he`s (EXPLETIVE DELETED) dead. Like, the cops are going to come to my house.

SHIHADEH: Newspaper, whatever. As long as you got the proof, you know?

(END VIDEO CLIP)

BANFIELD: Nobody`s going to be able to point a finger at me, she says on tape. Guess she didn`t realize Mohamed was wearing a wire.

Terri Parker, I don`t know how you get past all this. Let`s just say for grins here that the cops wanted to be on "Cops." Let`s just say that the

cops loved the show "Cops" and that they were all into "Cops" and that "Cops" was rolling tape on a lot of this. It still doesn`t negate the

stuff that`s on tape, all that stuff that she said over and over, hours and hours of planning and -- it`s pretty damning stuff.

PARKER: Yes, how do they explain that? You know, he doesn`t say anything, Claypool, during the opening about that explanation. But they already --

they launch right into these, as you call them, damning videos of her -- she was laughing, she`s talking about her alibi, how she can`t be pinned

for this crime. She sounds so confident. She`s dropping the "f" bomb every five seconds, you know? It`s such brutal and cold and calculated

evidence against her that -- and where does she think these supposed cameras are that taping her for her, you know, big expose on TV or

whatever.

(CROSSTALK)

[20:10:10]BANFIELD: ... you know, round one. On her first trial, she said, Look, I thought it was all a big drama. I was just acting. None of

that`s actually true.

Jason Brodie, real quickly, the one thing she has in her court is that she says, at a Chili`s restaurant, she tried really hard with that same Mohamed

fellow, who was in the driver`s seat, to get out of this, to back out of it, and that he pushed her and pushed her to get back on the plan. And

then mysteriously, there`s no tape. The police say, Well, it was just -- it malfunctioned. But that`s awfully convenient and it`s wonderful, and

shall I say delicious for a defense attorney and ripe for highlighting to a jury. Does that worry you?

BRODIE: No. If she wanted out, she had every opportunity to get out. She had an opportunity every single minute. If she thought this was being

filmed, if she thought the police was involved and she wanted out, she could have gone right to the police and said, Hey, this is all a hoax,

let`s stop this. She never did that. She never said that this is all a hoax when the police were investigating her, when they arrested her. At no

time did she ever do that. This is just coming up now because she`s grasping at straws because she`s guilty.

BANFIELD: All right. Well, you know what? We`re only on day one, so we`ve got a long way to go on this one. Thank you, everyone, for that.

I`ve got some other news we`re following tonight. A survivor of the Charleston church shooting testified that Dylann Roof, this guy -- and

here`s the word that was used, quote, is "evil," Felicia Sanders`. Felicia Sanders` testimony coming on day one of that accused shooter`s trial. Nine

people were killed, several others were wounded in an attack during a Bible study group last year at Emanuel AME church. According to a courtroom

source, Roof`s mother passed out during the lunch recess, and there`s no word at this time on her condition.

In Tennessee, two juveniles are charged with aggravated arson for allegedly starting that deadly wildfire that swept through Gatlinburg, killing 14

people and injuring more than 100 other people. Authorities say the two are in juvenile detention, but they haven`t ruled out transferring their

cases to adult criminal court.

Remember, hundreds of homes and businesses were destroyed when that firestorm blew though the popular tourist resort, but the main business

district was not damaged. Officials say the city will reopen for business on Friday. But again, 14 dead, and now two juveniles facing the music on

this.

The ATF now says that that fire at the Ghost Ship warehouse in Oakland started on the first floor, trapping people who were upstairs. The agents

are looking into whether a faulty fridge or some other appliance may have actually been the spark that started it all. The fire broke out late

Friday night during a dance party, and in the end, 36 bodies were recovered after that blaze was extinguished.

The holiday season certainly can stir up a lot of emotion. Usually, it`s pretty good, right? But police say one woman`s Christmas wish was almost

deadly, and ended up with a mugshot. So here`s what happened. No, no, no, no. I`ll give you a hint -- holiday lights, loud music, fast car, lots of

damage.

I`ll explain in a moment.

(COMMERCIAL BREAK)

[20:17:18]BANFIELD: Police in Pennsylvania arrested a woman on charges that she tried to run down her ex with her SUV. But here`s what makes the

story kind of weird. The officers say Mary Jo Smith plowed through the front yard of her former boyfriend while he was setting up all the

Christmas lights and decorations with his wife and his adult daughter.

And apparently, Smith made several passes. Look at the evidence. That is what is left outside the front. That`s the yard now at the ex-boyfriend`s

house. And apparently, the witnesses say, all the while she was yelling "Merry Christmas" as that man`s yard was tore up real good, mailbox, too.

And to top it off, the troopers say that they actually weren`t dating for years. So it`s weird. So much of it is weird -- lots of damage to the

decorations, to the lights, and it got kind of scary.

Solomon Jones is the morning host of WURD radio in Philadelphia, also happens to have one of the coolest names I think in radio, Solomon Jones.

I have to say first and last name every time I talked to you, Solomon.

What happened here? What happened?

SOLOMON JONES, WURD (via telephone): You know...

BANFIELD: What was Mary Jo Smith doing?

JONES: This is a real-life episode of the show "Crazy ex-girlfriend." She shows up at his house -- she`s 47 years old, he`s 64. Like, these are

people who are old enough to know better.

And apparently, she`s still angry over something that happened 25 years ago. The man is married, he`s got adult stepchildren, he`s outside hanging

his Christmas lights, God bless him, and she shows up blasting Christmas music, running across his yard, and yelling "Merry Christmas" while she`s

trying to apparently seriously hurt this man over something that happened more than two decades ago.

BANFIELD: And you know what? It is serious. She`s facing aggravated assault, criminal mischief, DUI -- surprise, surprise -- simple assault,

reckless endangerment and driving.

Stefani Lucas is the Pennsylvania state police trooper who talked a little bit about this case. Let`s listen to her account of what happened there.

(BEGIN VIDEO CLIP)

STEFANI LUCAS, PENNSYLVANIA STATE POLICE: She proceeded to do a pretty significant amount of damage to the outside of the residence. Christmas

decorations were damaged. Other vehicles were damaged. Property was damaged, the home itself.

The ex-boyfriend did attempt to make contact with her at one point by coming out of the residence. At that point, she attempted to drive the

vehicle at him. He had to use the tree in the yard for cover.

She was able to be subdued by some of the other occupants that were there at the house at the time until we were able to arrive and take her into

custody.

(END VIDEO CLIP)

[20:20:05]BANFIELD: OK, so it might be funny, but the truth is the list of charges that she`s facing -- if you add everything up, and you go

consecutive on this, she could spend somewhere around 50 years in prison for this.

Paul Callan`s a former prosecutor. Jonna Spilbor is a defense attorney. She`s not going to spend 50 years, is she? Nobody got hurt. Let`s just

say lots of damage, crazy stuff going on, but no one got hurt.

PAUL CALLAN, FORMER PROSECUTOR: No.

JONNA SPILBOR, DEFENSE ATTORNEY: That`s shouldn`t save her. That shouldn`t save her. And the alcohol inducement (ph) will probably mitigate

-- believe it or not, will probably mitigate this a little bit. If she had hurt somebody, on that charge alone, the aggravated assault, she`d be

facing up to 20 years. But because nobody got hurt, that gets reduced to 10. Now, that`s still a lot. I don`t think she will see the inside of a

jail cell.

BANFIELD: Are you kidding?

SPILBOR: If she`s never done anything like this before. We don`t know what her history is. Twenty-five years is a long time to hold a grudge.

BANFIELD: Can we show that picture again, because there`s a tree in the yard I want to draw your attention to, in that front yard where all those

donuts are left behind with -- see the tree? Apparently, Mr. McCutcheon (ph) had to seek refuge behind the tree. He said she was coming for him.

I mean, there was -- I don`t understand why that`s not an attempted murder.

CALLAN: Well, my guess is you`re going to see a defense that maybe he deserved the attack because of some problem between the two of them, and

you`ll also find out that she has a long-standing alcohol problem.

BANFIELD: By the way...

CALLAN: And women are not often sentenced...

BANFIELD: ... so you see what`s scrolling? Look what`s scrolling.

CALLAN: Yes.

SPILBOR: Yes.

BANFIELD: There`s a rap sheet here.

CALLAN: Well, that`s from the alcohol problem. So in the end, I think I have to agree with Jonna. She might get a prison sentence, but if she

does, it`ll be a short one and...

BANFIELD: She needs the help.

CALLAN: Yes.

(CROSSTALK)

CALLAN: She needs help more than jail.

BANFIELD: And the whole "Merry Christmas" thing makes it worthy of TV, but in the end, if you`re that Mr. McCutcheon his wife and adult daughter, that

was pretty traumatizing stuff.

Speaking of traumatizing, I`ve not yet started my holiday shopping. I don`t know about you. And it is stressful enough, OK, without some creep

looking up your skirt. I am not kidding here. I`m going to show you video that will really freak you out. And if you think it is illegal, think

again. Really? Think again. It may not be where you live.

Back in a moment.

(COMMERCIAL BREAK)

[20:26:34]BANFIELD: Ladies wearing skirts, I hope you`re sitting down for this because there is an accused pervert running around a Walmart, looking

up women`s skirts while they`re just minding their business and trying to do their shopping. And most of them, many of them, don`t even know that

it`s happening to them.

Police have identified this man, Alan Ralph, and they arrested him after one of the victims identified him in a photo lineup. He`s been charged

with two counts of voyeurism.

But take a look at the video from the Florida Walmart and then you can decide if it`s just simple voyeurism. The lady in the green top doing her

shopping, and here he comes, just coming on by, but take a peek around, and take a peek up, and nobody saw him do it. Neither did she. And he just

goes about his business. He got away with it, moved on by.

And in another incident, found someone else. You can see him coming around. See that lady at the top of the spotlight? That`s the new one.

But he`s checking out to see if anyone -- oh, wow, we that traffic. I got to wait for them to pass. So I`m going to wait for that lady to pass, and

then I will steal my chance just the minute that lady bends over. And boom! This guy is practiced at this part.

Apparently, goes back to the same Walmart and does it over and over and over again. So here`s another one. He just kneels beside her, pretends

he`s looking at stuff on the lower shelf. And when she reaches up to find something on the higher shelf, he gets his chance! Doesn`t matter that

that`s someone going by! He still so brazenly got a look. And in the same shirt, just cruised on past the camera...

(LAUGHTER)

BANFIELD: ... unaware we can see you! We know who you are now. There he is pulling up the shorts. He`s about to do it again. This is the lady on

the left. He waits a little bit because there`s some other guy in the frame, but apparently, that didn`t matter. The other guy did not matter

one hoot because this fellow decided time is right, I`m going to get my chance and I`m going to get my peek, and that lady`s not even going to see

me do it. Creepy, with a capital C!

Paul Callan, Jonna Spilbor back with me, and Misty Marris is joining me, as well, defense attorney. So here`s what I am astounded -- voyeurism, that`s

it, voyeurism. It`s a misdemeanor. This guy might get a fine, slap on the wrist and be -- he`s pretty practiced at this!

CALLAN: He might even have a defense here because...

BANFIELD: What? Paul!

CALLAN: Well, here`s the defense attorney. The defense attorney is going to say he was going for bargains on the lower shelves.

BANFIELD: Stop it!

(CROSSTALK)

CALLAN: ... he has an interest in shoes and he was just checking the brands of shoes that they were wearing. Ashleigh, I`m only half being

facetious on this because...

BANFIELD: Are you really?

CALLAN: Well, yes, because in order to prove this -- think about how difficult it is to prove. You see, under these statutes, you have to be

able prove that he`s doing that for his own personal sexual gratification, as opposed to something else, and a lot of these things get thrown out by

the courts as unconstitutional.

BANFIELD: Here`s what drives me bananas. I have been looking at these cases -- there`s a case in Georgia, there`s a case in Massachusetts where

they used photograph that -- you know, used their cell phone to photograph up women`s skirts. You would think right away I have a right to privacy.

I have a right and expectation of privacy under my skirt. Apparently not so much!

[20:30:05] SPILBUR: Not in every state. Isn`t that insane and I`m disqualifying Paul from the conversation, because I have it on good

authority you don`t wear a skirt. But we do. And I can`t imagine that it`s not illegal in every single state. But some judges have held

depending on where a woman is fitting and how they are sitting, that they do not have an expectation of privacy under what they`re wearing, and it is

insane and we need to catch up, because that is not ok.

BANFIELD: So it`s really not the court situation, it is the way the laws are worded, a public place is a public place, and the fact that you have to

be wearing a skirt in one of them is your problem.

MARRIS: Right, the high courts are saying hey, listen this might make you a creep, but it does not make you a criminal. That is insane. It`s

another case of the law not catching up with the technology, these days with camera phones and recording devices. And guys like that who are so

brazen. They don`t fear anything. Ashleigh, he was laying on the floor.

BANFIELD: I`m not going shopping anytime. I`m doing my shopping online.

MARRIS: Keep your whit`s about you. You know what? Keep your whits about you, if you are out shopping.

BANFIELD: You saw the evidence. You saw what to watch out for.

UNIDENTIFIED MALE: I was only kidding about what I said at the beginning of the segment, ok.

MARRIS: Likely.

(CROSSTALK)

BANFIELD: In the make-up room, getting all beautified, fancies for your TV appearance, me and my producers are hard at work watching surveillance

videos, we go through, like hours and hours of video surveillance working on this show. But sometimes we have the funny ones, like that lady with

the holiday lights and others, and then we find other ones that make us really angry. The next one that you are going to see is one that makes you

angry. It is a teenager`s final moment before the police say a couple in a jeep chased him down and killed him, and they think it might be because he

was black, back after this.

(COMMERCIAL BREAK)

[20:36:10] BANFIELD: Some new surveillance video has been released showing a black teenager sprinting away from a speeding jeep just moments before a

white couple crashes into him, killing him. Russell Cordier and his passenger, Colleen Hunt, are facing murder and hate crimes charges stemming

from this incident which happened near Portland, Oregon. Police say it all began as an argument outside of a 7-eleven. Moments later that teenager

was dead. So I want to walk you to the surveillance video that we have and it came out during a court hearing, but it really sort of tell the story.

You`re about to see a parking lot, three people walking through the parking lot. The one in the red on the top is Larnell, the other two are

witnesses. Larnell walks off to the left and out of the parking lot, the two witnesses walk away. But you are going to see that jeep come flying

through in the direction that Larnell Bruce was walking. The next thing you are going to see is the intersection. He is in the top right hand

corner it is hard to see, but he is up there. That jeep in the headlights comes barreling right past him. Then he runs across to the sidewalk. The

next shot, the jeep flying after him, the sidewalk is on the right hand side of your screen. Larnell is going to come through there. It`s hard to

see, but he will be followed right behind by that jeep.

It`s frozen there. Because the next thing that happened is the jeep just rammed him over and killed him. So the video is being seen, because one of

the people who were in that jeep had a hearing. And so that video was played during the hearing, but there`s still a lot of evidence that we

don`t have in this case. Jim Ferretti is a reporter at FM News KXL in Portland, Oregon. Jim, why did this end up being a hate crime. What do we

know about it?

JIM FERRETTI, FM NEWS KXL: The local newspaper, the Portland, Mercury, was actually the first to report this back in August. He is a member of member

of a gang that is pretty rampant in Oregon prisons. Cordier is a member of the European Kindred White Supremacist Gang, it is a gang that is pretty

rampant here in Oregon Prison and it was just about a week after that paper report came out the (inaudible) District Attorney were indicted Cordier and

Hunt with hate crime counts. On top of the charts, they are already faced. Now his record includes seven felonies, four misdemeanors convictions, and

40 prison violations during his time serve a series of incident where Cordier was given probation and dropped charges. Even when the police find

out that he was shooting a gun outside his car window back in 2011, bashing his fiance`s head into a car windshield in 2012.

There`s a lot of evidence on this guy.

BANFIELD: Well there is certainly a lot of evidence about his past and about his memberships but there`s still that curiosity about the incident

itself. Maybe to that end, Larnell Bruce`s father might have more information. Larnell Bruce joins me live now from Portland. Sir, I`m so

sorry that we`re talking under these circumstances. But as this begins to hit a courtroom, do you know why at the time of the incident police are now

saying this was a hate crime? Aside from the membership to an organization that apparently, you know, he belonged to, Russell Cordier belonged to, is

there something that happened at the actual moment that leads them to believe it was a hate crime against your son?

LARNELL BRUCE, FATHER OF THE VICTIM: Actually, they`re not really sure what started the fight. They know there was an argument, and there was a

fight that took place and I believe it was because my son got the best of him, and it made him -- just kind of driven him over the edge and made him

do what he did.

BANFIELD: In that fight, Mr. Bruce, was there -- were there racial epitaphs, were people saying things that were race related? Did they yell

things that had a racial connotation to them, before they actually struck your son?

[20:40:03] BRUCE: Actually no, I didn`t hear anything that was said like that. I guess most of it was just probably coming from the fact that maybe

he had just got in a confrontation with a young black male and it didn`t go very well for him. He did have his girlfriend with him. I`m sure that was

pretty embarrassing to him.

And not to mention probably took a big blow to him that he was a White Supremist being beat up by a young black man. Probably didn`t go over so

well. So on top of being angry for losing the fight, I`m guessing the fact that, you know that he really didn`t care for non-whites just drove him

over the edge and he did what he did. Not to mention that he was very a very violent guy.

BANFIELD: Mr. Bruce, stand by for moment. Paul Callan and Jonna Spilbur are still with me, I`m so curious Ms. Marris is also with me, I am so

curious about the way that hate crimes are prosecuted. It`s not enough, is it, to just have evidence that he belongs to a white supremist gang or that

he has affiliations. Doesn`t something have to happen at the time of the incident to indicate that this is a hate crime?

CALLAN: There would have to be an indication that this particular crime was motivated by racial hatred. So usually it`s a racial epitaph or

something like that. And I will also say, from what we have seen in this footage, this clearly appears to be an intentional act of murder, in which

case it may in fact be irrelevant whether it is a hate crime or not, because the penalty is going to be so severe.

BANFIELD: What would change if they were convicted, these two, of murder or hate crimes with the added -- murder with the added hate crime?

SPILBUR: To be honest, nothing. A hate crime will elevate something that is much smaller that you can`t get any worse than murder, right. So the

sentence is not going to be any more enhanced. I think if they were to find that the murder was sparked by the hate, and in this case, you`re

going to have a difficulty -- the prosecution will have difficulty, because there was a violent altercation immediately preceding this person running

over that victim, and my heart goes out to the family and the father, too. I don`t think they`re going to be able to make the connection between the

hate crime and that act.

BANFIELD: Just really quickly, if anyone says I was afraid for my life in that confrontation, do they have the right to then run to a car, turn the

ignition on and chase down someone who is running from them?

MARRIS: In a self-defense case, you have the obligation to retreat. In this particular case, that defense is not going to hold water. He could

have driven away, if he was fearful for his life. So that is going to be a hard sell. Although you will probably hear the defendant brings that up as

an argument.

BANFIELD: And the girlfriend is reported to have said "run him over, get him, baby." that is not going to be easy to fight that in court.

CALLAN: It`s going to make her an accessory.

BANFIELD: No more question. All right, thanks, to all my guests.

I want to update you on a manhunt for a man police say shot two officers, killing one and critically injuring another in America`s Georgia. Police

say that Lambrix shot the officer who is responding to a domestic call in an apartment complex near Georgia, Southwest State University, apparently

it happened this morning. There`s a $20,000 reward for information leading to his arrest. Just a short time ago, police identified the officer who

was killed. This is America`s officer, Nicholas Smar, just 25 years old. So far at least 136 officers have died in the line of duty this year across

the United States, hearts, minds, thoughts, prayers, all with the officer`s Smar`s family tonight.

(COMMERCIAL BREAK)

[20:43:09] BANFIELD: Well, Paul, Jonna and Misty are still with me, we got a couple of roundtable discussions that I have to get you to weigh in.

Sometimes we get these videos that blow our minds. I would not want to be a police officer these days with the danger and violence that they are

confronted with every day, one case, in point, Waukegan, Illinois, where a police officer gets dragged, by the stolen car. Watch this.

(BEGIN VIDEO CLIP)

(POLICE SIREN)

BANFIELD: They break the glass on this one, trying to get them to get out of the car. And then after this video was shot, another video shot very

quickly where you can see the driver takes off with the officer still at the actual window and stuck.

UNIDENTIFIED MALE: Aww. Oh, my.

BANFIELD: Yeah the guy said, oh my god, the guy who is videotaping, so this is a -- apparently they`re looking for a gray four-door 2005

Volkswagen. If they catch the other one, they got one guy. But they`re looking for someone name Santos Martinez, 18 years old, 5`9", and 190

pounds. If they catch him, what is he facing?

(END VIDEO CLIP)

CALLAN: The one who dragged the cop with the car?

BANFIELD: Yeah.

CALLAN: Well that is a reckless endangerment, it is a felony charge and you can go to prison for that. I suppose you could even take a shot at

something like attempted murder, but I think it is going to be more of a serious attempted assault charge.

BANFIELD: So they said, they`ve got warrants for aggravated battery to a police officer and resisting arrest. But it seemed to me it was liken

close to an attempted murder if you`re going to drag somebody like that at that kind of speed.

SPILBUR: I would be surprise if they didn`t. They usually charge as much as they possibly can they can, as you know then they are going to plea

bargain it down to something more realistic, but to me that is an attempted murder.

BANFIELD: They`re still looking for that suspect out there, by the way, folks, don`t forget if you are up on that area in Illinois. So Juan Santos

Elmer Martinez, you`re not going to have a good Christmas. You are underground fellow, they`re looking for you.

{20:50:00] BANFIELD: Ok, Sophia Vergara is probably one of the prettiest people on the planet, and she is embroiled in this very ugly dispute. This

guy, Nick Lobe, has been involved in a lawsuit over embryos they created together. They split up, and these two embryos are still there, he wants

them. She says no. We are not together anymore, we signed a document saying unless we`re together you don`t get embryos. And now, weirdly, the

embryos are suing her. You heard me right. The embryos are suing Sophia Vergara. Somebody get me off the ledge and tell me how this works.

MARRIS: Ashleigh, this is a Hail Mary. He knows his lawsuit is not going to be successful, because the contract really speaks for itself. It is

both parties have to consent. So he is trying to go this convoluted way, bringing the case in a state that is super pro life and seeing if there is

some way that he can salvage these embryos. It is not going to happen.

BANFIELD: He also said, he wants, he actually named some, he has given like, Em and Isabela, this frozen embryos. They have a trust. I need some

words to give millions.

CALLAN: He has found a state though, that is, you know warm to this kind of a lawsuit. Louisiana has this strange law that essentially says embryos

have the right -- they describe them as juridicial persons, like...

BANFIELD: Say that again.

CALLAN: Juridicial person which a corporation is that. It`s an entity that is created and has legal rights that is not yet human.

BANFIELD: So can those embryos sue?

MARRIS: Well it is a standing in this state Ashleigh, which is odd, but will this case be successful? I`m not thinking --

(CROSSTALK)

CALLAN: So the embryos are being stored in California.

SPILBUR: Embryos cannot sue. They are persons for the sake of facility cannot sell them on eBay or destroy them on their own, but embryos cannot

be pointless, I will hang my hat on that, eventually this has to go to the Supreme Court.

CALLAN: These embryos are in California, and this law we`re talking about is in Louisiana law. So he sets up a trust in Louisiana, so he gets access

to the Louisiana law, which is really a strange --

BANFIELD: How is there jurisdiction there?

(CROSSTALK)

MARRIS: Exactly.

BANFIELD: It does seem a bit wild. I think its super interesting, because there are a lot of cases like this, where couples are together, then all of

the sudden they`re not. And it doesn`t mean their science has caught up with them. So I think it will be fascinating to watch what happens. You

know how Christmas is coming up, right guys?

CALLAN: Aha.

BANFIELD: You know that whole bad Santa movie?

MARRIS: What the...

(LAUGHTER)

BANFIELD: Could we have the real thing?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Marcus, get this kid off me before he pisses on me, all right.

UNIDENTIFIED MALE: Your beard`s not real.

UNIDENTIFIED MALE: No (BEEP).

It was real, but I got sick and all the hair fell out, so I have to wear this (BEEP) thing.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[20:57:02] UNIDENTIFIED MALE: Next. Oh, good. What do you want?

UNIDENTIFIED MALE: What are you doing? God (BEEP).

UNIDENTIFIED MALE: Nintendo Deer Hunter 3.

UNIDENTIFIED MALE: (BEEP) that is what you want, blowing snot all over everybody?

(END VIDEO CLIP)

BANFIELD: Just nothing better than that. You know every holiday season a little "Bad Santa" just gets you in the mood. But in North Carolina, that

kind of thing that you just saw sort of actually played out. An actual Bad Santa who fat shamed a 9-year-old boy when he came to sit on the big man`s

lap. And tell him what he wanted for Christmas. So the little kid is Anthony, and apparently, he was very upset with the Santa after he told him

what he wanted, an iPod touch and a drone, and Santa said, lay off the hamburgers and french fries. That is apparently what the Santa said to the

little 9-year-old boy named Anthony. Lay off the hamburgers and french fries. So Santa has apologized, Paul, Misty, Jonna, Santa not only

apologized to the little boy, but also apologized to the supervisor. This was a town event. This isn`t a mall, this is a town event. But the family

is very upset. Do they have any recourse here?

SPILBUR: Want me to start? No, they don`t. This is very, very sad and nobody likes to make any children cry, but the mother has to realize, this

is not Santa, this is a hot, sweaty, angry man in a Santa suit who is probably having a very long day. But my solution, my unlegal solution to

this is Santa should buy either the drone or the iPod and gift it to the young man and all will be well.

CALLAN: Santa should also look in the mirror, because he has a weight problem himself.

(CROSSTALK)

BANFIELD: Right.

CALLAN: My advice is, Santa, lay off the burgers and fries yourself. Leave the kid alone.

MARRIS: I don`t know if there`s necessarily legal recourse, but I think you could put pressure on him. This guy should not be playing Santa. I

mean you`re taking away the Christmas spirit of these little kids. Leave some cookies and milk around the holidays.

BANFIELD: That Santa isn`t working anymore for the town. Again, this is a town event. It wasn`t even a mall or anything. So it`s not like there`s

huge, deep pockets unless you consider the town as your deep pockets, but looks like little Anthony is going to be ok, and he got his justice in the

end, I guess. Thanks, guys, I appreciate it. Thank you, everyone, for watching. It is so nice to have you with us tonight. Hope you`ll be back

8:00 tomorrow night for "PRIMETIME JUSTICE." In the meantime we love to have you on Facebook and the twitter, we do. The Facebook and the Twitter,

I am Ashleigh Banfield for Facebook and PJJusticeHLN for Twitter. Stick around "FORENSIC FILES" starts right now.

END