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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Abuse Victim Defends Abuser Caught on Tape; Bio Dad Fights to Reverse Adoption of 3-Year-Old; Caught in the Middle; Classroom Outrage; Call for Help; Cartwheel Drama; Caught on Video; School Bus Fight; Wiping Out Hate. Aired 8-9p ET

Aired February 6, 2017 - 20:00   ET

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


(COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

[20:06:39]ASHLEIGH BANFIELD, HOST (voice-over): Caught on tape, a man`s vicious assault on his California girlfriend.

UNIDENTIFIED MALE: You`re judging me by what you see on the video?

BANFIELD: But who could imagine she`d defend him like this?

UNIDENTIFIED FEMALE: He`s being falsely accused.

BANFIELD: And she`s not only defending him...

UNIDENTIFIED FEMALE: I love Dorian dearly. I mean, you know, we plan on being married.

BANFIELD: Just 3 years old and at the center of a colossal tug-of-war...

UNIDENTIFIED FEMALE: I love you!

BANFIELD: ... her adoptive parents ordered to give her up to a dad just sprung from jail.

UNIDENTIFIED MALE: I don`t understand how you can do this to a child!

BANFIELD: Trouble is, Dad is a complete stranger.

UNIDENTIFIED FEMALE: I`m going to look at her and say, I`m sorry, baby girl, but I can`t be your mommy anymore.

BANFIELD: An autistic teenager desperately upset, ignored over and over. The answer to his despair, an off-camera slap and a cruel joke.

UNIDENTIFIED FEMALE: I think my daddy`s (INAUDIBLE) drunk!

BANFIELD: A tiny voice from the back of a car.

UNIDENTIFIED FEMALE: Daddy, stop the frigging (ph) car!

BANFIELD: Her father is at the wheel.

UNIDENTIFIED FEMALE: I know my dad is drunk, and he`s the only one driving.

BANFIELD: Cops catch their man, but will an 9-year-old have to testify against her dad?

Shots ring out at a Walmart. Can a shopper take the law into his own hands and gun down a shoplifter?

Hateful signs from an ugly past, swastikas scrawled on a New York subway.

UNIDENTIFIED MALE: Who wants to see that?

BANFIELD: But the hate turns into a carload of love...

UNIDENTIFIED MALE: We can get through this.

BANFIELD: ... as riders rise above the racism.

UNIDENTIFIED MALE: We can fight this. We can resist.

(END VIDEOTAPE)

BANFIELD: Hi, everyone. I`m Ashleigh Banfield. This is PRIMETIME JUSTICE. Our apologies for a little bit of technical problems off the top

of the show a few minutes ago.

I want to get right down to business. I want to talk about some serious business. After the private punches are thrown and the secret kicks land

their mark, the aftermath of domestic violence can sometimes be seen in pictures, disturbing images of the battered and bruised faces that are

usually taken at a hospital after the abuser`s been pulled off and the police have been pulled in. It`s very, very rare that you see what happens

before those photographs make us wince.

But tonight, there is a case out of Chula Vista, California, that happened at a very, very public place with security cameras rolling at a hotel

parking lot, and it is a peek behind a curtain that is usually drawn very tight. Police say Dorian Anguiano -- that`s him coming out of the car on

the other the of the car, driver`s side, coming around to the passenger said and kicking his girlfriend full force in the back. Not done, though,

gives her a second kick to the head and she appears unconscious on the ground.

And if she wasn`t unconscious before, I can think you can safely say what you`re seeing right now -- she`s pretty much appearing to be completely

unconscious, especially as he`s trying to drag her lifeless body and stuff her lifeless body in to the car. He finally does do it, though, drags her,

shoves her in, and that limp person is driven away after this.

[20:10:08]So you`ve seen it with your own eyes. Mr. Anguiano pleaded guilty to this and he`s been sentenced to seven years. But if you think

that her testimony helped this guy to go behind bars, think again. She did the opposite. She got up on the stand and she told the court this was all

a misunderstanding, that she was never unconscious, even though we clearly saw what happened with our own eyes on that videotape.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This whole case has been really misunderstood. If anything, we`re victims of alcohol. I love Dorian dearly. I mean, you

know, we plan on getting married.

(END VIDEO CLIP)

BANFIELD: You heard what she said. This whole case is a misunderstanding, she called it. A misunderstanding.

Forgive me here. That woman is a victim. I saw it. You saw it. The videotape does not lie. But to her, this is a misunderstanding. And if

you need a better example of how she felt about this whole incident and about the man who took the boots to her while she was lifeless and on the

ground, have a listen to what she says about the guy she says is Dorian, love of her life.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I do not think that this is fair at all. Dorian is a good person. He`s a loving person. The system is supposed to help us, not

break us. He was aiming towards my purse that night, and you know, he was intervening because the problem is alcohol. But he is not this bad person.

I justify it that he had a moment of insanity because of my addiction.

(END VIDEO CLIP)

BANFIELD: He was aiming for my purse that night. He was aiming for my purse, she says. And this is all about alcohol. This isn`t about someone

who has a violent penchant to kick a woman in the head, in her face, in fact, when she`s down on the ground, seemingly to us unconscious. She says

she`s not unconscious.

Tom Perumean is the editor of Theadvocacyreport.com. He joins me from Los Angeles. Tom, did the judge in this case care a hoot about what that

victim said on the stand about that man?

TOM PERUMEAN, THEADVOCACYREPORT.COM: Well, this clearly is a domestic violence case, and there are a whole number of issues regarding this

woman`s plight. She, of course, has said that she`s struggling with alcoholism and that Mr. Anguiano is the only one that seems to have been

able to help her with her alcoholism. That`s why she, you know, wanted to stay with him, wants to marry him, and what have you.

But the judge wasn`t having it. Mr. Anguiano pled to -- you know, to a plea agreement. He took the seven years. Then he has tried to say, Well,

no, I want to pull my agreement and start all over again.

So you know, we`ve got kind of an interesting Romeo and Juliet meets Stockholm syndrome play out going on here.

BANFIELD: Yes, I think closer to Stockholm syndrome than Romeo and Juliet. You mentioned the "M" word, marriage. And I actually want to let he

explain what she thinks about her future with Mr. Anguiano. Have a listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: This whole case has been really misunderstood. If anything, we`re victims of alcohol. I love Dorian dearly. I mean, you

know, we planned on getting married.

(END VIDEO CLIP)

BANFIELD: We plan on getting married. Tom, is he not going away for seven years? And did I not hear the judge add on to that 10-year restraining

order, whether you like it or not. You may not see this woman, and madam, you may not see this man, according to this court.

PERUMEAN: Absolutely. There`s a -- the court system has stepped in and said, You`re officially divorced, basically. This man is going away. He`s

going to serve time in a state prison, and they are not to contact each other for 10 years.

And also, a little background on this. Chula Vista police say this is not the first time Mr. Anguiano has been in trouble with the law with a

domestic violence issue. Now, we`ve done a little digging around, trying to find what the other past issues were. I haven`t been able to uncover

anything as yet, but Chula Vista police are on record as saying he`s had problems in the past, so...

BANFIELD: I`m not the least bit surprised that you just said that, Tom. I don`t think when you see someone that violent that it`s the first time.

Hold your thought for a moment. I want to bring in Randy Zelin and Jonna Spilbor to talk this over. You heard her say on the stand, This is a

misunderstanding, I love him, I wasn`t unconscious.

(LAUGHTER)

BANFIELD: Can we roll the video again of her lying almost face down on the concrete of a parking lot with her purse? I think we even have a spot

where you see how far her purse is away from her. And this is how conscious that woman was. Look at her. She can`t even move to brace

herself for that kick, and she`s saying he was kicking at the purse. She`s saying he was kicking at the purse.

[20:15:06]The facts are the facts, and domestic violence isn`t just against her. It`s against all of us because there may be another her, or she may

end up dead. And isn`t that the issue when it comes to judges saying to these women on stand who protect their abusers, Too bad?

RANDY ZELIN, DEFENSE ATTORNEY: Well, I think it`s something more than that because we have to remember that in a criminal case, she`s not the

plaintiff. She`s not a party. She is a witness.

BANFIELD: Hostile.

ZELIN: It is the people of, it is the state of, that is the party. So therefore, the prosecution -- and a judge has every right to override her

own personal feelings and say, Listen, I appreciate what you`re saying. I`m the law.

BANFIELD: And the facts are the facts. I mean, we have the video! Jonna, we are not idiots!

JONNA SPILBOR, DEFENSE ATTORNEY: Yes.

BANFIELD: We can look at that with our own eyes and say, How can you say to this court that you were not unconscious?

SPILBOR: I know. And that...

BANFIELD: And by the way, can I just add one more fact -- this is from the police -- where they found that woman. She was found unconscious and

bleeding in that car at his home because the hotel staff witnessed this. The cameras witnessed this. She can`t even stand up, and he`s shoving her

into the car. He can barely even do it because she is dead weight. These are facts, Jonna!

SPILBOR: Right. And what we`re witnessing is the mentality of a woman who is a domestic violence victim. And what they do and she`s doing,

unfortunately -- and I`m so glad the judge stepped in. She thinks that once this is over, he`s going to apologize and they`re going to love each

other again, and then, boom, it`s going to happen one more time. And then he`s going to apologize, they`re going to be in love and then it`s going to

happen again!

And that`s why this judge did the exact correct thing. And the fact that he`s getting seven years for this tells me this was not his first rodeo and

the judge knew that, too.

BANFIELD: And a 10-year restraining order that I dare say that one of them may try to violate, and who knows what will happen then.

SPILBOR: Oh, yes.

BANFIELD: I sure hope that young woman stays alive.

We have a very messy custody battle involving a 3-year-old girl. Her biological dad has never met her, never seen here. But apparently, he

wants to raise her. Her adoptive parents don`t want her taken from the only family, the only parents that she has ever known.

Does the fact that that biological dad was just sitting in jail for the last several years when she was born -- does it forfeit his parental

rights, or does he deserve to have this little girl? And what does she deserve?

And then there`s this.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Hello? Is this 911?

911 OPERATOR: Yes, it is. How may I help you.

UNIDENTIFIED FEMALE: (INAUDIBLE) my dad, he`s (INAUDIBLE) drunk!

(END AUDIO CLIP)

BANFIELD: A dad allegedly driving drunk, two little daughters in the back of the car, terrifying one of them so much so, that`s what she did. She

called 911.

(COMMERCIAL BREAK)

[20:21:06]BANFIELD: For the past three years, a South Carolina couple are really the only parents that little Braelynn has ever known. Tammy and

Edward Dalsing came into this beautiful little girl`s life when she was just 3 weeks -- 3 weeks. They were her foster parents before they

officially adopted Braelynn in 2015. According to court documents, the girl`s biological mother gave up her parental rights while her father was

in jail. So a judge ended up terminating his rights, too.

After he was released, that father appealed the decision and a judge agreed with him, basically vacating the Dalsings` original adoption order, saying

he`s the parent, not them. And that decision floored this family.

(BEGIN VIDEO CLIP)

EDWARD DALSING, ADOPTIVE FATHER: (INAUDIBLE) I don`t understand how you can do this to a child!

TAMMY DALSING, ADOPTIVE MOTHER: The judge was so clear on her order. She was so clear on why she chose us and why she did not choose, you know, the

biological father.

E. DALSING: Blood and biology does not make a mother and a father. Love does.

(END VIDEO CLIP)

BANFIELD: The Dalsings have requested a rehearing with the state court of appeals, and that new decision could come at any time. Edward and Tammy

Dalsing join me now live from Charlotte, North Carolina. Thank you both for being on the program tonight.

I suppose the first question I have for you is, how were you notified that this was even happening since he just got out of prison in November?

E. DALSING: Well, the other side went ahead and did their appeal, and it came through our lawyer that the appeal was happening. And then we had --

the appellate court saw the case, and we went into a waiting game. And then right before December, this Christmas, we got the word.

BANFIELD: And the word came in the form of an order. I mean, it`s just sort of -- it`s very palpable. There is one order from the first judge

saying you`re the parents, and then there`s a second order from a new judge saying he`ll be the parent. I`m not -- I don`t understand this disconnect.

And what was it that the new judge said that gave the rights, the parental rights back to that biological father?

T. DALSING: Well, he vacated our adoption, and by doing that, it basically gave the father his rights back. The father`s rights were terminated not

because he was actually in prison but because he didn`t do what was necessary in order to maintain those rights.

BANFIELD: And Edward and Tammy, is it true that this biological father, while incarcerated, never once reached out, never once wrote a letter or

made contact or asked how this little baby, whom he had never seen, never even witnessed the birth of -- did he ever try to find out how she was?

T. DALSING: Not at all. He sent one letter when she was 11 months old, and that was the only letter. But that wasn`t even to us. That was

through his attorney. He has never contacted us at all and asked us about her, how she`s doing, nothing. Not -- nothing.

BANFIELD: Does Braelynn know anything about this? I mean, I can`t imagine trying to have a conversation with a 3-year-old about such an adult topic.

But being in the litigation tug-of-war that you`re in, are you looking to slowly accommodate what could be a change with her, or are you waiting

until you know for sure what the outcome of your efforts is going to be?

[20:25:05]T. DALSING: Oh, we`re definitely going to wait until we know what the outcome is going to be. We don`t want to confuse her. We don`t

want to make her not understand. And she`s only 3 years old. She`s going to be 4 soon. So we just think we need to wait and see what`s going to

happen because -- but now, if something did come up that we needed to do a transition, we would definitely do that. We want what`s best for Braelynn.

BANFIELD: Do you know if the efforts at the rehearing -- I mean, as I understand it, you`re going to fight this. This is your baby. I mean,

you`re going to fight this all the way to the Supreme Court.

T. DALSING: Absolutely.

BANFIELD: Is time -- have your attorneys explained to you if time is on your side, meaning if Braelynn stays in your home and this becomes a long

and pitched battle, she becomes more ingratiated in to your home and thus, you know, the best interests of the child becomes more and more entrenched

with you as parents. Has your lawyer said that that`s a fact in this case, of is it not a fact at all?

E. DALSING: Well, it should be a fact. I mean, he -- her best interests should come first. And she`s already been in our home her whole life. If

she was removed from our home now, she would be removed from her entire world, her brothers, her sisters, her pets, her dance class, everything,

her mommy, her daddy, her church, co-op. We home school, so she goes to co-op. Everything that she knows, everything that she does will be stopped

all of a sudden, and everything would change.

BANFIELD: She is just so incredibly beautiful and delightful. We`ve been showing some pictures of Braelynn while we`ve been talking, and I can

imagine how you are so connected to this gorgeous little face.

Edward, do you have any idea what your chances are? Have your attorneys laid this out in black and white and given you an idea of where you stand

and what the possibilities are?

E. DALSING: Well, obviously, nothing is black and white. It should be. I mean, I still remember giving the notice that we won, we were her adoptive

parents, and crying while walking down the hall at work. And now, I mean, even our world has turned upside down. We don`t know. The rehearing could

come back at any time, and we just don`t know what the Department of Social Services is going to do at that time.

T. DALSING: We know what they said they would do in a letter.

BANFIELD: And that`s as far as they got, a letter, and it`s literally an ink (ph) case for them and it is a heart-wrenching emotional case for you.

I want to stay in touch with you and I want to see where this goes and follow what happens with your case. I hope you`ll be back with us.

T. DALSING: Absolutely.

E. DALSING: We would love it if people could be a voice for Braelynn and put -- go to Web site. It`s www.Savebraelynn.com. Sign our petition. Let

South Carolina know this is wrong. And be a voice for Braelynn!

T. DALSING: Absolutely. Please.

BANFIELD: Well, Edward and Tammy, I thank you for being with us. I know it`s not easy, and I do appreciate you telling your story.

I do have a question for Randy Zelin on this. Best interest of the child is how I have always understood this, best interest of the child. How

could it be in the child`s best interests at 3 years old to be handed over to a man she has never met who has just spent 3 years-plus, I believe, in

prison?

ZELIN: Maybe there are three things in life that are really permanent, death, taxes, and also the termination of your parental rights. What we

don`t know -- and by the way, just because this is happening, that does not mean that these parents are going to lose this child. What it very well

may mean simply is that the father was entitled to what`s called due process. He was entitled to be heard. He was entitled to show the efforts

that he`s made to make contact because being in jail in and of itself does not mean that you`ll lose your child. So it may simply be, let`s give the

father the right to have a lawyer, a right to be heard, and then look at the best interests of the child and maybe...

BANFIELD: But Jonna, that judge made a ruling on his behalf. They said this child goes to him!

SPILBOR: I know, and...

BANFIELD: That`s not being heard. That`s winning.

SPILBOR: But now there is an extra step. And look, let me take his side for a minute. Here`s a father -- apparently, in South Carolina, when a

mother has a child and she`s not married, she really drives the bus in terms of parental rights. If she terminates hers, by osmosis, or operation

of law, the father`s parental rights are terminated, too. He could have been in jail at the time and found out and said, Wait a minute. This is my

biological offspring, and I want a chance to be a father.

[20:30:00]

Now, let me just tell you one other thing that`s special about this case. Because my heart is breaking for these two parents.

BANFIELD: That`s unbelievable.

SPILBOR: We have a case here of where two families are fighting to love a child. As opposed to so many other circumstances when a child is not loved

by anyone.

BANFIELD: I just have to put in record again, that this man while in prison had a pen and paper every single day in a whole lot of time in which he

could have written untold numbers of letters to these people asking how is Braelynn? Send me a picture. How is she? I`m just dying to know. Not one

word, not one overture, not one contact.

No payment. Not even from whatever job he was doing in that jail. He didn`t give one penny to these people. He made no effort to say, I have a daughter

and I love her and I can`t wait to see her when I`m out. Instead, he never seen this girl, he gets out of the pokey, and he go ruins their family.

ZELIN: I also think it`s nothing to do with being a parent.

SPILBOR: If I were these parents, I don`t know if I wouldn`t been too keen on sending him pictures of the child that I want.

BANFIELD: Well, they never got that chance, and he sure never asked, that`s for sure. There is this other story that we`re looking in today. It`s very

disturbing. An autistic student who was hit by a teaching assistant. And all because he was terribly, terribly distressed, possibly about a smoke

detector going off.

[20:35:00] (COMMERCIAL BREAK)

BANFIELD: When you send your son or daughter to school, you hope that the teachers are looking out for them and have their best intentions at heart.

And when that child is special needs, autistic, we all really want to make sure that those kids are taken care of.

(START VIDEO CLIP)

BANFIELD: But in one classroom in North Carolina, that student right there in the red, with autism, 15 years old, was getting more and more agitated

because of a monotonous-speaking sound possibly that was going on in the class. That person in the stripes, that`s the teaching assistant.

After repeatedly telling the 15-year-old to be quiet and sit down as the teacher manhandles him and puts him repeatedly into that chair, rather than

helping him deal with what he was so upset about, she just kept saying, stop it, stop it, stop it. And then came the teaching assistant with the

solution, at least his solution. And here is what happened.

CAROLINE BORKEY, FORMER CMS TEACHER: Hey! No bite. Stop it! You need to stop and sit down. Stop. Sit down. Stop it.

WILLIAM GATES, FORMER CMS TEACHING ASSISTANT: You know what I want. Give me that back boy. You have been branded.

BANFIELD: You have been branded. Both of the teachers involved are no longer working for the school system. They have both been charged. The

assistant, William Gates, who are you looking at, he pleaded guilty to assaulting a disabled person. The teacher, Caroline Borkey, has been

charged with failure to report it. Her case hasn`t made it to court yet.

(END VIDEO CLIP)

BANFIELD: The family of that 15-year-old teenager says that he has not been the same since that incident and that he`s become more aggressive and even

violent against his own mom. What you should know about that was that the camera view actually moved instantaneously right before the strike, right

before that child was smacked on the back, branded. His words, not mine. The camera moved away. Very deliberately.

Our "Primetime Justice" producer, Justin Freiman, has been working on this story all day. Justin, when I watched this tape from start to finish, it

was so difficult because this 15-year-old boy was whimpering.

(START VIDEO CLIP)

BANFIELD: And his hands were at his head for most of it. He didn`t seem to be bothering anybody. He just didn`t seem to be able to sit in his chair.

And there was that constant smoke alarm battery beep that was going on. Is it possible that that is what was making this child so distressed?

JUSTIN FREIMAN, "PRIMETIME JUSTICE" PRODUCER: It is possible. They haven`t said exactly what it is. But you can tell something was bothering the

child because he gets up multiple times and approaches the teacher`s desk. And he`s in some type of distress. The teacher as you can see goes and

manhandles him back to his desk multiple times.

BANFIELD: And then he`s manhandled to the back of the room. His shirt is pulled up. And right before the hit, the camera swings away. See? It is

such a deliberate moment and then the camera swings back and the comment is made, you`ve been branded. So, Jonna and Randy, I want to bring you in.

(END VIDEO CLIP)

BANFIELD: You cannot strike a child no matter what. But in this particular circumstance, it`s even more egregious. This is a disabled child. This is

the child with autism. This is a child who needs not this kind of behavior, that needs someone to help him when he`s in distress.

But I don`t see any charges for that. I see failing to report for the teacher and then assaulting the handicapped person for the assistant. But

nobody is neglecting him. Like there is no charge of neglect for this special needs student.

SPILBOR: Well, I think the assault charge will cover that, what the teacher aide did. And slapping and purposefully lifting up this child`s

clothing.

(START VIDEO CLIP)

SPILBOR: So that the slap would hurt more. I mean, that`s what he did. Although we can`t see it. Let`s just surmise. A jury will be able to

surmise that.

BANFIELD: You can hear the slap plain as day.

(END VIDEO CLIP)

SPILBOR: It`s terrible.

BANFIELD: It`s recorded on audio. It`s just that they were very quick to move the camera. Deliberate moving of the camera, do you think that`s the

evidence of failing to report? I mean, not only failing to report, but making sure that there wasn`t, you know, video evidence.

ZELIN: Apparently, you`ve got three actors here. You`ve got the teacher`s assistant who did the actual striking. You`ve got the teacher who is

charged with the failure to report because she is a mandated reporter as a teacher.

BANFIELD: No one said a word.

ZELIN: And then you have the graduate student. I find it fascinating that the graduate student was not charged because that purposeful moving away.

[20:40:00] BANFIELD: It`s possible the graduate student was not in the room and that the teacher was the one who moved the camera. We can`t tell who it

is.

(START VIDEO CLIP)

BANFIELD: But the graduate student actually didn`t know about it until viewing the tape much later. So it`s possible the grad student wasn`t even

there as this camera was rolling.

ZELIN: And if in fact that is the case, good for the graduate student. But the teacher and teacher`s assistant are in a world, world of hurt. It`s

horrible.

(END VIDEO CLIP)

BANFIELD: I would think so.

SPILBOR: It`s hard to -- I mean, special needs children require special needs teacher.

BANFIELD: Care. And this is my issue. There was not one iota of care.

(START VIDEO CLIP)

BANFIELD: . for this 15-year-old who wasn`t doing anything bad. He was just upset. I mean, his whimpering was so palpable and his holding of his head

was so obvious. And I don`t even have this training. And they are supposed to have it.

ZELIN: You drop off a child at school, any child, and you`d like to think that during the school day your child will be safe. A special needs child?

It`s incomprehensible.

BANFIELD: A Georgia dad is facing some very serious charged right now.

(END VIDEO CLIP)

BANFIELD: . after his 9-year-old daughter in the backseat called 911 on him while they were driving.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: Daddy, stop the frigging car! Stop the car! Pull over somewhere. I don`t want my dad to go to jail, officer. But he`s drunk!

(END VIDEO CLIP)

[20:45:00] (COMMERCIAL BREAK)

BANFIELD: Imagine you are nine years old sitting in the backseat of the car, your dad is at the wheel, you know something isn`t right. But would

you have the guts to do what this little 9-year-old girl did in Georgia? She picked up the phone and she called 911 on her dad and said, he`d been

drinking. I want you to pay close attention to her voice, specifically the fear in her voice during the call.

(START VIDEO CLIP)

UNIDENTIFIED MALE: What`s your emergency?

UNIDENTIFIED FEMALE: Hello, is this 911?

UNIDENTIFIED MALE: Yes, it is. How may I help you?

UNIDENTIFIED FEMALE: I am a kid and I think my dad is driving drunk.

UNIDENTIFIED MALE: Is there someone else there I can speak to?

UNIDENTIFIED FEMALE: No. The only person that`s there is my dad and he`s drunk. My dad is drunk. Help me! Help me please!

UNIDENTIFIED MALE: I can`t help you if I can`t understand you.

UNIDENTIFIED FEMALE: Help me! Help me! Please, officer, please help me! I don`t know where we`re going. He`s driving really fast. He`s driving. I

don`t know where he`s taking me. I think I`m going to get into a wreck.

BANFIELD: Police say Wesley Burgner was on a 300-mile drive through Georgia when the police stopped them. He`s now been charged with DUI, endangering

children while driving under the influence, and reckless driving as well. Jonna and Randy, I felt -- listening to that, the proof was in the pudding.

(END VIDEO CLIP)

BANFIELD: It`s a slam dunk case. Only to have you tell me not so fast.

ZELIN: First of all, the most important thing I would do as a defense attorney is make a motion to keep that tape out.

BANFIELD: You`re not gonna win that.

ZELIN: It`s ridiculously prejudicial. The child is available to testify. The tape is here safe. You got to keep the tape. It`s over.

BANFIELD: Jonna, is the prosecutor going to put that 9-year-old on the stand in order to question that 9-year-old?

SPILBOR: If the prosecutor has to. This is a pretty egregious example of the father driving drunk in in fact the father was driving drunk. They`ll

get that tape in, they`ll have to put the 9-year-old on the stand to ask, was your daddy smell of alcohol? Was there alcohol in the car? Did you see

your daddy drinking? It would be horrible exam but it has to happen.

BANFIELD: This tape was 17 minutes. This tape went on while this child was in the back of the car, terrified with her 2-year-old sister beside her,

calling 911.

ZELIN: The only thing she ever says about operation is speeding.

BANFIELD: I`m terrified he`s gonna crash it.

ZELIN: He`s speeding.

BANFIELD: I want you to play a little bit more so we can hear just how much she says about him speeding and driving recklessly and that she`s fearing

for her life, and my dad is drunk, my dad is drunk, my dad is drunk, he`s the only one driving. Have a look.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: I know my dad is drunk and he`s the only one driving and I think I am going to get into a wreck because he is the only one

drives.

UNIDENTIFIED MALE: Okay. Your dad is drunk and he`s the only one driving. Where are you right now? Are you in the car with him?

UNIDENTIFIED FEMALE: Yes. And he`s driving really fastly. And I think I`m going to get into a wreck and kill myself. I don`t know where I am right

now. Daddy, stop the frigging car! Stop the car! Pull over somewhere. I don`t want my dad to go to jail, officer! But he`s drunk! Pull over, daddy.

Pull over.

(END VIDEO CLIP)

BANFIELD: Okay. So she also told the police a couple of other choice little nuggets and that was that daddy had two bottles in the car that said

alcohol and that daddy has a breathalyzer device on his ignition that he knows how to manipulate to read zero. That`s got to be a problem.

SPILBOR: Which means daddy has a prior DWI conviction.

ZELIN: Which also never committed to trial.

SPILBOR: . and could be the reason why he had the ignition interlock device. The jury hears that.

ZELIN: Different violation but there is no evidence of operation other than speeding and speeding in and of itself does not go to driving as a result

of being intoxicated because lots of straight people speed.

SPILBOR: A 9-year-old being testified to operation.

BANFIELD: Well there is the issue right there, Jonna, and that`s what I want to get at. Do you take a little girl who said, I don`t want my daddy

to go to jail, up on the stand, to put her dad -- at 9 years old, you know what you`re doing when you`re on that stand, you know you`re putting your

daddy in jail.

SPILBOR: She doesn`t want her daddy to go to jail but I don`t want her dead.

(CROSSTALK)

ZELIN: . she`s got to testify against her dad.

BANFIELD: That little voice breaks my heart to hear it. Some people. All right. Hold the phone.

[20:50:00] There is this teacher, choir teacher, but not the kind that you usually think of as choir teacher.

(START VIDEO CLIP)

BANFIELD: She showed a whole lot more in that cartwheel and she has landed in some big trouble for it. All caught on videotape. And then there is

this. This is a fight caught at a fast-food restaurant and look at the size of the child involved in kicking that person while she`s down. Do you think

she may have seen this happen before?

(END VIDEO CLIP)

[20:55:00] (COMMERCIAL BREAK)

BANFIELD: Okay. I want to take you to Tulsa, Oklahoma because there is this choir teacher who did a cartwheel in front of her students. But she wasn`t

wearing any underwear and they saw everything. And so now she --

(START VIDEO CLIP)

BANFIELD: -- Lacey Sponsler has been charged with indecent exposure. So indecent we had to fuzz it out. Randy, can you say that she didn`t intend

for that to happen?

ZELIN: The intoxication and I would argue nobody does that whose not drunk or stoned, would negate the element of knowledge and intent.

BANFIELD: I think it`s real stupid. She knew darn well she wasn`t wearign underwear and she did a cartwheel for heaven`s sake.

(END VIDEO CLIP)

BANFIELD: Wow! That`s a serious charge. I want to go to this fast-food videotape. It was in a restaurant. We believe that it was in Brooklyn, New

York, but it`s not confirmed and the police don`t know for sure.

(START VIDEO CLIP)

BANFIELD: There was this fight in a fast-food restaurant and what was so upsetting about it was not that the woman was going after the lady in the

pink hat, it`s that that little child was following behind, and I want you to see what happens when the victim ends up on the ground and what the

child does. Just unbelievable to me.

Jonna, the first thing I thought, was that if a child behaves that way, it`s probably not the first time, that the child has been involved or seen

behavior like this. You had something else to say that this is actually a charge.

SPILBOR: This is a charge. The mother should be charged with endangering.

(END VIDEO CLIP)

SPILBOR: . the welfare of that child, for allowing the child to participate in a fight. And how about that crowd egging everybody on?

BANFIELD: Is that a charge as well, inviting violence?

ZELIN: Well, it`s not a riot. But certainly you might argue the abetting and importuning is the word I was looking for.

SPILBOR: I`m picking that child up and I`m scooting her out of harm`s way not egging her on.

BANFIELD: I want you to meet this other child named Gavin, 12 years old, from St. Louis, Missouri, likes a red hat with "Make America Great" on it.

(START VIDEO CLIP)

BANFIELD: And decided to wear it to school. And I want to you listen what happened on the bus.

UNIDENTIFIED MALE: At one point, he just got so frustrated that he pushed me and then he kept hitting me and backing me up to, like, my window of the

bus. And so I had to just push him out.

BANFIELD: So basically, the kid wearing the "Make America Great" hat again, got into it. With other kids on the bus. One kid videotaping. The

other kid you see in the foreground here mad saying, you want to build an (inaudible) wall?

I`ll tell you about the (inaudible) wall. And then they fought. And then this kid, you know, ended up endangered. And I just now see how politics

has become dangerous for kids. No matter what you believe at this point.

ZELIN: It becomes dangerous for adults.

(END VIDEO CLIP)

ZELIN: So, I think the lesson is parents, are you teaching your children tolerance, and listening, and the importance of everybody having ideas or

keeping that at a political debate?

BANFIELD: I`m wondering if the kid should not have worn the hat just -- I was thinking not because of what he believes, but because mom should think

this could cause a problem.

SPILBOR: It`s a shame. You can`t support our president by wearing a hat? This is a school bus version of what these grownups are doing. You`ve got

one kid (inaudible) the president, you`ve got other kid beating him up. Walk out in the street, the same thing is happening that happened on that

bus to grownups.

BANFIELD: I find that so sad. By the way, all three, the videographer, the hitter, and the kid wearing the hat who also threw the punch, they all got

suspended for that.

Now, I want to take you to New York subway because you probably don`t ride it enough, right? We all do and we love it. Something awful happened inside

one of the subway cars.

(START VIDEO CLIP)

BANFIELD: Somebody decided to take a sharpie and write some really despicable things, Jews belong in the oven with a swastika. Yeah, there is

the closeup of it. Destroy Israel with another one. And hale Hitler was another expression. And it was all over the car.

But Jared Nied -- I hope I`m getting his name right, said -- he stood up and he said to the whole car, hand sanitizer gets rid of sharpies. And he

said he was shocked at what the reaction was. Have a listen to what he said about it.

JARED NIED, SCRUBS GRAFFITI FROM SUBWAY: Who wants to see that right now? If we all come together and, you know, pull what we have, we can get

through this, we can fight this, we can resist.

(END VIDEO CLIP)

BANFIELD: Jared Nied. He got everybody up, digging in their bags and their pockets for hand sanitizer, and they all cleared it off. The subway car got

up together and all did it together. So a subway car full of hate turns into a subway car full of love. That certainly overcame everything. I just

wanted to end on the better story.

Thank you, Randy and Jonna. Thank you all for watching. I`m Ashleigh Banfield. See you back here tomorrow night 8:00 for PRIMETIME JUSTICE.

[21:00:00] Don`t go anywhere. "HOW IT REALLY HAPPENED WITH HILL HARPER" is going to take a closer look at the O.J. Simpson case. It begins right now.

END