Affluenza Teen Remains in Mexican Custody
WHITFIELD: All right. Three days after being extradited from Mexico, Tonya Couch, the mother of that affluenza teen, could be looking at 10 years behind bars for helping her son flee the country. Tonya Couch is back in the United States with bail set at $1 million. She faces charges of hindering the apprehension of a felon. Her son, Ethan, was serving probation for the DUI deaths of four people in Texas. Ethan Couch is still in custody in Mexico because his lawyers filed to seek protection and block deportation. The two led U.S. Marshals on a manhunt that ended after authorities traced their cell phones to a resort town in Mexico. I want to bring in my legal guys, Avery Friedman, a civil rights attorney and law professor in Cleveland, and Richard Herman, a New York criminal defense attorney and law professor, back with us from Las Vegas. All right, good to see you guys, again. All right. First to you, Avery, what an incredible case, huh? Tonya Couch selling their $343,000 family home a few months ago. So how would any kind of pre- planning, if there was such a thing, influence how this case moves forward?</s>AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Well, I think it would make a big, big difference, Fredricka, because she sold the house, by the way, last August. And it seems to me that if there was a plan to take off and head for Puerto Vallarta, they would have done that in August. They did it in December. So I'm not sure that there's a connection, but in any event, they took off, they knew -- both the mom and Ethan, the kid, knew that there was a hearing before their PO, the probation officer. I'm not sure actually how she hindered in the apprehension because they caught both the kid and the mom in the same way, by monitoring the cell. They found out they ordered a Domino's Pizza. They found out where they were, as soon as they found out, they got Mexican officials and they were both arrested. Mom was sent back. The kid is fighting deportation. I'm not sure why the mom didn't do that. But that's kind of where it is right now. She's heading back to Texas on, as you mentioned, a $1 million bond.</s>WHITFIELD: Right. And so, Richard, it is confusing as to why they both wouldn't, I guess, have made the same kind of legal moves so that neither could be -- you know, could be taken out of Mexico, but even then, back to that, how is it that he, Ethan, has this kind of protection so that he would not be extradited when Mexico and the United States do have, you know, an extradition agreement?</s>RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Fred, remember when we were little we played that game time bomb where you wound the thing up and you passed it around in a circle and eventually it goes off? Ethan's mom --</s>WHITFIELD: Hot potato. I remember it as hot potato, maybe. OK. But go ahead.</s>HERMAN: It's just a matter of time. He's coming home. The mother has to come home. They can't stay in Mexico. We have treaties with Mexico. He's coming home and here's what he's going to face when he comes home. He's going to face maybe 120 days if this case gets moved to adult court or an expiration of his probation when he hits 19 years old. That's it. As for the mother, she's a first-time offender here. As a reset, the facts may be a little favorable to her. She is not going to get 10 years in prison. I'd be flabbergasted if she got a year in prison.</s>WHITFIELD: Really?</s>HERMAN: I think she's going to get only 12 days. And you know, that's how this case is winding up here.</s>WHITFIELD: As highly publicized this has become and the kind of outrage that has followed, whether it be his, you know, 10 years' probation or whether it be fleeing the country with your mother?</s>HERMAN: Well --</s>HERMAN: The judge who gave him the probation, that's where the outrage should be. But if he comes home and the case gets removed to adult court, he's going to get hit with 10 years further probation.</s>FRIEDMAN: That's not going to happen.</s>HERMAN: So you're going to have this moron ends a kid is going to violate that. And when he does, he'll be subject to 10 years of prison per death. So the story's not over.</s>WHITFIELD: OK. Avery?</s>FRIEDMAN: Yes, yes. The part I agree with is, he's under the jurisdiction of the juvenile court. I don't know how prosecutors are going to get this to an adult case where he's subject to criminal justice. This is a juvenile case. On April 11th of this year, the probation expires. He's done. So bottom line, this kid, again, has pulled it off. This is a family with obviously little if any values that they've instilled in him, but it doesn't matter. He's responsible for it. I think mom does have some trouble if they can show that -- if law enforcement can show that they hindered this investigation. But, you know, Fredricka, I think this is going to be a tough one and, you know, if they can establish it, I think she's got big trouble.</s>WHITFIELD: All right. Richard, last word?</s>HERMAN: I don't think so, Fred. I think that the society has looked at this and looked at this spoiled brat kid, who actually was -- whatever he was drinking or whatever he was doing, he killed four people and he got a slap on the wrist.</s>WHITFIELD: Right.</s>HERMAN: You want to focus anger, you look at the judge who sentenced him to that probation. And they should go back into that scenario and see what influences may have impacted that judge's decision to give this kid probation.</s>FRIEDMAN: Don't agree.</s>WHITFIELD: All right. All right. Gentlemen, we'll have to leave it there. Hey, have a great, happy new year. Thanks for being with us twice today. What an extra treat. We love that. All right. Richard, Avery --</s>FRIEDMAN: Happy new year.</s>WHITFIELD: Thank you. Bye-bye. 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