Paris Hilton in Courtroom for Hearing on Sentence; Mary Winkler to be Sentenced; Fight in Alabama State Senate
NGUYEN: All right, here's another live look. We are on Hilton watch this afternoon, outside the courtroom there. We have a reporter inside as well. So, we'll get that news just as soon as it's available. Paris Hilton back in court today. The judge has ordered her to be there in person. In fact, there was some word that she was going to do this via phone, but the judge said oh, no, no, you will show up. In fact, he sent a sheriff's deputy out there to pick her up at her home. She spent just about what -- three days in jail this week and was let out early on home confinement with an electronic monitoring bracelet under the assumption that she had some kind of illness that prevented her from serving her sentence in jail. The judge of course, is going to find out indeed what that illness is. And as soon as we learn more about the case, we will bring it straight to you.</s>HOLMES: All right, we are of course getting a lot of e-mails in response to this particular story.</s>NGUYEN: Oh, yes.</s>HOLMES: Betty.</s>NGUYEN: And we're not sure what upsets you more, Paris getting out of jail or the fact that we're even covering this story. Sometimes, yes, we scratch our heads about it, too, but let me just tell you this. Mike writes, "I am sick of hearing about Paris Hilton. She should be serving her jail time in the general jail population like any other prisoner. I want to hear about our heroes serving in the military not about a spoiled rich brat!"</s>HOLMES: All right, and a lot of folks agree with B, who writes to us. "Why are you participating in making Paris Hilton a celebrity for doing absolutely nothing but breathing? Get over yourselves" -- I think talking to us, Betty, me, me and you ...</s>NGUYEN: We're just doing our jobs, we're just doing what we're being told.</s>HOLMES: "Get over yourselves and stop making a fool of this ridiculous person as well as yourselves" -- again, me and you, Betty. "Nobody beyond puberty cares."</s>NGUYEN: Well, Dan had some fun with it, and he says this, "If Paris Hilton does in fact serve her time under house arrest, maybe the judge should take her passport. If not, she might end up being Michael Jackson's roommate in Bahrain!" I can't believe what people are saying. All right, keep those e-mails coming. We hear you, we hear you, but we're still covering it because this is news today, and of course we will keep you up to date on what is happening inside that courtroom because there are a lot of implications. In fact, we have some more guests coming up dealing with the legal ramifications of all of this.</s>HOLMES: All right, well, we will turn from Paris Hilton now to some politics, a fight in politics. A physical fight in politics. Story of a state senator who put the bam in Alabama. Tensions boiled over during a final day of this year's legislative session. And Eileen Jones of CNN affiliate WSFA has the blow by blow.</s>UNIDENTIFIED MALE: ...giving a little, it's our way or the highway.</s>EILEEN JONES, WSFA REPORTER (voice-over): The dispute between the minority group that's made up mostly of Republicans and the majority group, of 18 Democrats continues through this, the last day of the regular session.</s>UNIDENTIFIED MALE: I really -- I get tired of getting damn run over. Then I get unreasonable.</s>UNIDENTIFIED MALE: Hey, we need to cut that kind of talk out, fellas. You know better than that.</s>JONES: So senators could regroup, they voted to take a recess, but that's when emotions flared.</s>CHARLES BISHOP, (R) ALABAMA STATE SENATE: And he called me a son of a</s>JONES: And this is what happened. The two seemed to be in a heated discussion when Bishop hauled off and hit Barron. Security and other senators rushed in and pulled Bishop away. And afterwards, Bishop had only one regret.</s>BISHOP: No, I'm not apologizing for that at all. I'll apologize for it happening out here.</s>JONES (on camera): But you're not apologizing -- I'm sorry. What is it you're not apologizing?</s>BISHOP: I'm not apologizing -- if he calls me that again, it'll happen again.</s>JONES (voice-over): Senator Barron says Bishop hit him on the neck and he says it was a hard punch.</s>LOWELL BARRON, (D) ALABAMA STATE SENATE: He used real provocative language at me and I did not call him what he said I did.</s>JONES: The Democratic senators then asked the Senate to expel Bishop for the rest of the session.</s>VIVIAN FIGURES, (D) ALABAMA STATE SENATE: I do fear for my safety here in this body. And I should feel safe when I come here.</s>HANK SANDERS, (D) ALABAMA STATE SENATE: We are removing him from this floor so he won't hit anybody else. We are removing him from this floor so we won't have another incident that embarrasses all of us.</s>HANK ERWIN, (R) ALABAMA STATE SENATE: I am not going to lay all of the blame on Senator Bishop because it's been going on on both sides. And there has been in the backs of people -- backstabbing. There has been what I call abusive language on both sides.</s>BISHOP: I love every one of you. Most of all, I love this chamber. I'm going home. And y'all have a good day.</s>HOLMES: All right, the Democrat didn't hit him back. I mean, they say Democrats are weak on defense but that was ridiculous.</s>NGUYEN: Oh, come on,</s>T.J. HOLMES: OK, that was Eileen Jones of CNN affiliate WSFA. May not be the end of this incident, actually. The senator who was hit has not ruled out filing charges, and again, he was the Democrat. I'm just saying what they say.</s>NGUYEN: I hear what you're saying, but we're going to move on to this story.</s>HOLMES: All right, we're letting that go.</s>NGUYEN: Yes, we are, for your sake. Mary Winkler's sentencing is under way in Selmer, Tennessee. She is the mother of three who is convicted of voluntary manslaughter in the shotgun slaying of her minister husband. We want to take a listen to the sentencing as it's taking place right now.</s>UNIDENTIFIED MALE: ...spousal abuse. Thus, the defendant contends this factor should imply to the sentencing, both at trial and at this hearing, the defendant presented testimony regarding her mental condition at the time of the commission of the offense. This court has considered the extensive testimony presented by the Dr. Saiger (ph) at trial and additional testimony and argument offered by counsel at sentencing hearing and finds this factor should apply. However, this court finds to give some credit to the testimony of Dr. Saiger at trial. Dr. Sager indicated both at trial and at sentencing that she found the defendant suffers from a mental illness and is in need of treatment. Thus, this court has considered the defendant's condition in its sentencing determination. The next consideration for mitigation is whether the defendant held a sustained intent to violate the law for the circumstances of this offense are such that it is unlikely that the defendant was motivated by a sustained intent to violate the law. Additionally, the court finds the defendant has had no prior criminal history. Therefore, the court finds the lack of criminal history or record and gives great weight to this mitigating factor. The court finds the defendant has complied with the rules of her release status and gives weight to this mitigating factor as well. The defendant's supervising probation officer has testified that she's been fully compliant, has met with her at all appropriate times and has maintained decorum. Thus the court finds that the presence of these two enhancing factors, the crime involved the use of a firearm and the defendant has a history of criminal behavior two mitigating factors, those being that the defendant has had prior criminal history and the defendant complied with conditions of release. Therefore, upon weighing the enhancement and mitigating factors, the court finds that the appropriate sentence is to be within the range of three years. With regard to judicial diversion, the defendant seeks judicial diversion for code annotated 4035-313. After reviewing the defendant's request, arguments of counsel and testimony presented at trial, this court does not find the defendant to be a suitable candidate for judicial diversion. According to law, a person is eligible for judicial diversion if he or she is found guilty or pleads guilty to a class C, D, or E felony and has not been previously convicted of a prior felony or class A misdemeanor. Thus it appears preliminary that the defendant meets the statutory criteria to be considered eligible for diversion. However, it is within the trial court's ...</s>NGUYEN: All right, we're going to have to break away from this just momentarily as he continues to read through the list there because Mary Winkler has not been sentenced as of yet. We're getting to it and as soon as it happens, of course, we'll bring it to you. But Mary Winkler again sentenced on -- convicted of voluntary manslaughter. Her sentence taking place right now. And as soon as we get word of that, of course, CNN will bring it to you. We'll have much more to come. You are in the CNN NEWSROOM.</s>HOLMES: Taking you back to Los Angeles. Live picture at the courthouse where Paris Hilton is in there, we assume, trying to explain why she had a medical condition that convinced the sheriff's department to let her out three days into her 23-day sentence. We've been watching this really spectacle for some time this afternoon. The judge sent sheriff's department authorities to her house to pick her up. There she is in handcuffs, being picked up by sherrif's authorities. Taken to a hearing that she wasn't scheduled to appear at, was just going to phone in. The judge said that wasn't going to work. This is one of the latest pictures we have there, certainly a distraught Paris Hilton being driven on the courthouse. But the hearing is going on now. We're keeping an eye on the hearing waiting to see if, in fact, she will be sent back to jail to finish out that sentence. When we get word, we'll bring it to you.</s>NGUYEN: We are watching another hearing today in Tennessee, that one of Mary Winkler. A sentencing hearing is taking place as we speak. You're looking at a live picture right now. Mary Winkler has a voluntary manslaughter conviction in the shotgun slaying of her minister husband. We will find out what that sentence is shortly. When we do, of course, we'll bring it back to you. I just want to tell you one other thing about today's hearing. Mary Winkler did address her husband's family, saying, quote, I understand you're angry with me but saying she prays for them every night to have peace. She has also asked the judge to let her go home today and be with her children but has said whatever sentence she receives will never punish her enough. So, as soon as we get word of that sentence, we will bring it to you live here on CNN. You are in the NEWSROOM. Don't go anywhere. We are following a lot of stories today and you don't want to miss them.