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CNN Wolf Blitzer Reports
Verdict Announced in Inglewood Police Beating Trial
Aired July 29, 2003 - 17:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: And we are following two breaking stories.
First, chilling new details on a possible plot to use airplanes as weapons before the end of the summer.
Also, the possible target the East Coast of the United States.
We're also tracking a breaking story from California, at any moment two police officers accused in a controversial arrest will learn their fate. Watch it happen right here on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)
KAGAN (voice-over): Cops caught on tape and brought to trial, now the verdict is in.
Saddam on tape a new recording on his sons and his sorrow.
SADDAM HUSSEIN (through translator): Thank God for what he has destined for us that he honored us with their martyrdom.
KAGAN: Troops on tape, why they're closing in. We're on the scene as a dawn raid hits Saddam's home turf.
And, tale of the tape, Mike Tyson caught fighting outside the ring, will it help or hurt his case?
(END VIDEOTAPE)
KAGAN: It is Tuesday, July 29, 2003. Hello from CNN Center in Atlanta, I'm Daryn Kagan reporting today. Wolf Blitzer is off.
An out of control cop or a reasonable force, California jurors reach a verdict in the Inglewood police beating caught on tape, a White police officer assaulting a handcuffed African American teenager during an arrest last year.
Donovan Jackson was his name. He was 16 at the time. He was arrested for resisting arrest but he was never charged with a crime. Former officer Jeremy Morse is charged with assaulting Jackson.
Morse's former partner, officer Bijan Darvish charged with filing a false police report. We are standing by live for the verdict. We will bring it to you once it happens. First, though, there is some frightening new news to tell you about, new details about the latest terror warning going out to airlines including word of a possible hijacking plan this summer.
Our Jeanne Meserve is following developments. She is in Washington -- Jeanne, hello.
JEANNE MESERVE, CNN CORRESPONDENT: Hi, Daryn.
Planning could be underway for hijackings this summer in the U.S. or against U.S. interests abroad. A Department of Homeland Security advisory was sent out to the aviation community and state and local officials. It also was obtained by CNN.
It says, in part, that attack venues may include the United Kingdom, Italy, Australia, or the East Coast of the United States due to the relatively high concentration of government, military, and economic targets, that the hijackers may use flights that transit the target countries to avoid the need for visas.
That the plan may involve the use of five man teams that would attempt to seize control of an aircraft near takeoff or landing precluding the need for flight trained hijackers. That the hijackers could try to calm passengers and make them believe they are on a hostage, not a suicide missions.
That the hijackers may attempt to use items carried by travelers, such as cameras, modified as weapons. The information was gleaned over the last several weeks from interrogations of high level al Qaeda detainees and electronic intercepts, sources say.
There is no plan, officials say, at this point to ramp up the threat level from yellow but the aviation community is being asked to review security and make upgrades paying particular attention to passengers transiting the U.S. without a visa -- Daryn.
KAGAN: Jeanne Meserve, thank you for the latest on that.
For more on this breaking story let's bring in our CNN Justice Correspondent Kelli Arena who is also in Washington. Kelli, this report seems to suggest that al Qaeda is alive and kicking and very much making plans to attack once again.
KELLI ARENA, CNN JUSTICE CORRESPONDENT: Well, we did hear today from FBI Director Robert Mueller about al Qaeda and how it's scattered across the globe and still remains a very viable threat.
When I asked a senior U.S. official today about the credibility of this information, I told him on a scale of one to ten tell me where this fits and he said I'd put it at about a six to seven and that's because there has been some corroboration of this information.
It not only came from detainees being held by the United States at various locations but there were also, we're told by sources, electronic intercepts that seem to complement the information that was coming from the detainees and whenever you have corroboration of information that does put it a little bit higher on the concern scale.
However, on the alert itself that was obtained by Jeanne Meserve, the government clearly states that there are some questions about the viability of this plot and, again, you know seven out of ten doesn't mean ten and so there are some questions about whether or not this is something that is in the works.
There's no information to suggest that any operatives have been tasked with pulling this off or that any funds have been sent toward an operation so no information whatsoever regarding an actual plot just that this has been discussed at this point.
KAGAN: So, let's bring Jeanne back in. Jeanne, it seems like there's a very high stakes psychological game being played here as well with officials saying to al Qaeda out there we are listening and we know what you're planning to try to do.
MESERVE: And that is certainly part of the game here. They're hoping that if they put the terrorists on notice, hey, we know what you're planning that that could short circuit the plans.
Al Qaeda like any organization would aim for success and if the U.S. knows this much about what they're planning they could decide to abort their plans so that is part of the game that's going on here.
But, in addition, the issuing of this advisory is intended to put the aviation community on its toes. They want them to be on the lookout, to be looking for any new possible techniques that terrorists might be using and also encouraging, as I just reported, to put some new random security measures in place that might catch something going on.
KAGAN: And, one more question for Kelli, the question that this would indicate that they're planning on using airplanes yet again. You would think that perhaps they would try a new tactic or a new type of target.
ARENA: Well, Daryn, as several officials have said to me over recent months why not use aircraft? They were very successful on September 11 as eerie as that is but they were very successful using aircraft.
We have seen repeated bulletins. As you know, every Wednesday the FBI puts out an intelligence bulletin to its state and local partners and we have obtained most of those and many time we have seen warnings about small aircraft or commercial aircraft and just being aware of people traveling.
So, this has been a concern very high on the priority list since September 11. The intelligence officials that I have spoken to have always said that they believe that al Qaeda, and other terror organizations, maintain a high interest in using aircraft in possible terror plots so this unfortunately is nothing new to the people who cover this every day.
KAGAN: As you well know, Kelli Arena and Jeanne Meserve, both of you know that covering it day in and day out. Ladies, thank you for that information, appreciate it.
Now, we need to get back to California, two Inglewood police officers on trial for a controversial arrest that was caught on tape. We have complete coverage of the verdict. You're looking at a live picture of the courtroom. Once the jury comes in and that verdict is read you will see it live right here on CNN.
Meanwhile, while we wait for that verdict to come in, let's bring in our Dan Lothian. He's outside the courthouse. We also have National Correspondent Frank Buckley in Inglewood with reaction there and preparation to keep the city from losing control and we'll also hear from our Legal Analyst Jeffrey Toobin.
Dan, we're going to start with you outside the courthouse.
DAN LOTHIAN, CNN CORRESPONDENT: Hello, Daryn.
Well, we are outside of the courthouse now and I just want to kind of set the scene for you. What's happening here to my left we have a group of activists who are calling themselves "Peace After the Verdicts," and just a few minutes ago we heard them chanting peace after the verdicts.
What they're trying to point out is that no matter what happens, whatever this verdict is, they don't want a repeat of what happened in 1991. They don't want any violence taking place out on the street.
They simply want peace. They obviously have some concerns about this incident which was caught on videotape but the bottom line is that they want to have peace.
On my right here, you can see it's kind of packed in here. We have almost two dozen cameras, reporters waiting for that verdict to come down. The jury reached the verdict at 9:35 Pacific Time this morning. It was a little more than a half hour after they returned for the fourth day of deliberations.
This case, of course, involving two defendants, Jeremy Morse and Bijan Darvish who were working with the Inglewood Police Department caught on videotape slamming then 16-year-old Donovan Jackson onto the back of a police cruiser. Security here at the courthouse is tight as everyone awaits the verdict.
(BEGIN VIDEOTAPE)
LOTHIAN (voice-over): Is this the picture of an out of control police officer carrying out street justice or a display of law enforcement using reasonable force in an unpredictable situation?
JOHN BARNETT, DEFENSE ATTORNEY: Lifting hands to approximately shoulder level, slamming him down forcefully on top of the car.
LOTHIAN: In Los Angeles, California, those were some of the questions before a jury. Seven days of testimony in the videotape beating case of then 16-year-old Donovan Jackson, former officer Jeremy Morse, charged with assault under the color of authority and his ex-partner Bijan Darvish charged with filing a false police report.
It happened a little more than a year ago at this Inglewood gas station. Jackson, handcuffed, slammed onto a squad car and punched. What started out as a suspicious car registration inquiry ended up in a controversial beating, videotaped by a guest at this hotel across the street. The community was outraged. Jackson, his father said then, was left terrorized.
UNIDENTIFIED MALE: They wake up like screaming. He's scared of police now. He's scared to go outside by himself.
LOTHIAN: Morse, through his attorney, has maintained he punched only after he was grabbed in the groin area. And, in trial, the defense presented a use of force expert and other witnesses who concluded the actions taken that day were reasonable.
UNIDENTIFIED MALE: Officer Morse followed policy and he was within that policy.
LOTHIAN: But prosecutors presented their own witnesses who said just the opposite and put Jackson on the stand who testified he never resisted. In a community still angry, there have been fears about unrest.
UNIDENTIFIED MALE: Our message is we want everyone to be calm, cool, and collected and, really, we want to make sure there's no violence.
ACTIVISTS: No guilty, no peace. No guilty, no peace.
(END VIDEOTAPE)
LOTHIAN: Right now you're taking a look at the courthouse. The clerk and some other court officers are in place. The judge has not yet returned to the courtroom and neither have the jurors but that is expected shortly for them to enter the courtroom which is on the eighth floor of this courthouse to read the verdict.
And to my left, once again, the noise that you are hearing we have some activists from the community who are saying that no matter what happens, whatever this verdict will be, they want peace after the verdict. That's the very latest from the courthouse -- Daryn, back to you.
KAGAN: All right, Dan, thanks and good job filtering out all the noise and all the different things taking place there. Once again, we will go live inside the courtroom when the verdict is read.
Meanwhile, let's head into the community to Inglewood. Let's bring in our National Correspondent Frank Buckley who can tell us more about those efforts to try to keep peace in the community no matter what the verdict will be -- Frank, hello.
FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Hey, Daryn. We are at the Soul Food Kitchen and this is where people -- one of the places where people will be watching the verdict live when it comes in later today on local television.
And Adolf Dulan (ph) who is the owner here has been kind enough to let us come in and take a look. In fact, I'd like you to look at the kitchen and some of the wonderful food here as I tell you about some of those efforts that are going on here in Inglewood.
It's largely been organized by a group called Stop the Violence, Increase the Peace Foundation. They call it a proactive peace effort. They want Inglewood to be prepared for any verdict whether it's a popular or an unpopular verdict so they've done things like train 1,500 so-called peace ambassadors.
They will have churches open throughout the city, 15 different what they call peace sanctuaries where people can go to have dialogue on whatever the verdict may be.
So, they've done a lot here with the coalition that is involved, the police, the city of Inglewood, the federal officials, churches, block captains. They're doing a lot to make sure that the reaction to this verdict is a peaceful one or whatever they can to hope that it's a peaceful reaction.
I wanted to talk to a couple of the patrons here. This is D. L. Treadwell (ph). D. L. what do you think, first of all what are your feelings as we are about to hear this verdict?
UNIDENTIFIED MALE: Well, I believe strongly that you got to trust in the 12 citizens who allow themselves to become jurors, take on the responsibility, and believe they got all the facts and the information and whatever they make is a decision they make based on the knowledge that they have.
BUCKLEY: And, do you feel like the city of Inglewood and the Increase the Peace Foundation the efforts that they've undertaken, what do you think of that and how will that prepare the city?
UNIDENTIFIED MALE Well, I think definitely that we learned from our last experience and, therefore, getting the people out and in force and pushing the message will either hinder or minimize that best.
BUCKLEY: OK, thanks D. L.
I want to go to Corin Fuller (ph) real quick. Corin, what about you? You live here in Inglewood. Are you concerned about today or do you believe that the city is prepared for this verdict whatever it is?
UNIDENTIFIED FEMALE: It is prepared for this. I think they've done everything possible to enlighten everyone about the possibility of the different outcomes and I think everyone, everything is going to remain very peaceful.
BUCKLEY: OK, well thank you both very much. We appreciate your insight. That's the view here at the Soul Food Kitchen and we'll be here for the verdict when it happens -- Daryn.
KAGAN: All right, Frank, thank you very much for that. We will check back with you.
Right now to give us a take, the legal side of the take, let's bring in our Legal Analyst Jeffrey Toobin, Jeff hello.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Daryn.
KAGAN: First of all we have two police officers on trial right now at the same time but one is facing a lesser charge.
TOOBIN: Right. They are very different charges. One, Officer Morse, is charged with abuse of force. He's the one who banged young Mr. Jackson into the car, the fellow right there you can see on the screen. He's charged with abuse of his authority.
His former partner, Darvish, is charged with filing a false police report. Interestingly, the same penalty, maximum penalty applies to both, three years in prison but, certainly, if there are convictions Officer Morse is looking at a much more serious penalty than his former partner is.
KAGAN: Interesting some things that did not come up during the trial. First of all, race was never mentioned and yet if you look at the victim here and the people who are on trial you can't get away from it especially in the history of Los Angeles.
TOOBIN: Of course, you know, the unspoken name and, it's funny, I was listening to our earlier reports. No one actually said the name Rodney King although, of course, that's what all of us are thinking about here.
You know that was the videotaped beating of a Black motorist by White cops. The trial was moved from Los Angeles to Simi Valley, a predominantly White area where the officers were acquitted and that, of course, set off the awful riots.
There are parallels, of course. There are also important differences between the Rodney King case and this one. Here the trial was not moved. The incident took place in Inglewood and it's being tried in Inglewood so there was no sense of the case being taken away from the community.
Also, it just simply got a lot less publicity than the Rodney King case. This is a lower profile event and also the preparations taken by the community are far greater than anything that was done in Los Angeles and so I think that's why everyone is anticipating, as well as hoping, that there will be calm reaction to the verdict whatever it is.
KAGAN: All right, Jeff, we'll have you stand by with us. We're waiting once again for that jury and the verdict to come in. You'll watch it with us live right here on CNN. We'll get your take on the verdict after it's read, appreciate it.
TOOBIN: Sure.
KAGAN: Saddam Hussein allegedly speaks out again. You're going to hear what the fallen dictator is saying about the death of his sons.
Plus, profiting on terror predictions, wait until you hear this one. The Pentagon is reacting to the outrage over plans to set up a betting Web site.
And, Mike Tyson caught on tape, the Tyson brawl. You're going to see surveillance video of the boxer's latest run-in.
(COMMERCIAL BREAK)
KAGAN: You're looking at a live picture from Los Angeles. That is officer, former Inglewood Officer Jeremy Morse on trial in the attack and the arrest of teenager Donovan Jackson.
We're waiting for the verdict which should be taking place any minute since the defendants are entering the courtroom. We're waiting for the jury. When it's read, you're going to see it live right here on CNN.
While we wait for that to get going, let's turn now to Iraq. Even as U.S. forces say that they are tightening the noose on Saddam Hussein, a new audio tape has surfaced. It purportedly is from the former Iraqi leader mourning the death of his two sons.
Let's go live now to our Senior International Correspondent Nic Robertson who is in Baghdad -- Nic, hello.
NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT: Hello, Daryn.
This is the fifth tape and like the last four tapes here it was handed into an Arab broadcasting network in Baghdad, Al-Arabiya airing at about eight o'clock in the evening in Baghdad. The message to the people of Iraq from somebody who is either Saddam Hussein or pretending to be him telling them that his sons are martyrs.
(BEGIN VIDEOTAPE)
ROBERTSON (voice-over): Recently released coalition pictures of Uday and Qusay following their death the latest message purporting to come from their father notes their passing and praises them as martyrs for Iraq.
HUSSEIN (through translator): Your brothers Uday, Qusay, and Mustafa, the son of Qusay, have all stood a great fight as believers in Mosul. After a hard fight against the enemy lasting six full hours, the enemy could not get to them after surrounding them with all its equipment until they fired missiles via airplanes.
ROBERTSON: Coalition authorized pictures showed only Uday and Qusay. The new audio tape indicating the former president's grandson, Mustafa, died along with them, the man sounding like the former Iraqi leader thanking God for what he called their jihad.
HUSSEIN (through translator): Thank God for what he has destined for us that he honored us with their martyrdom. We pray to him that he will make them happy in the hereafter.
ROBERTSON: Little in this the fifth such broadcast that seemed to please those listening to it.
"Saddam is nobody these days" this man says. "He has no power, no army, no friends. What can he do?"
(END VIDEOTAPE)
(BREAKING NEWS)
KAGAN: And with that, we want to take you back live to Inglewood, California, the verdict about to be read in the trial of former Inglewood police officers Jeremy Morse and Office Bijan Darvish, the jury coming to a verdict for both officers. Let's listen into the courtroom.
All right, while we wait for this verdict to be read, let's bring in Jeffrey Toobin to help us recap exactly what the officers are facing. Once again it's two former officers of the Inglewood Police Department, Jeremy Morse and Officer Bijan Darvish, one facing the charge, Jeff, of assault under color of authority, the other one with a lesser charge of filing a false police report.
First, explain to us what that kind of convoluted term is assault under the color of authority.
TOOBIN: Well, what it means is it's an assault by someone who has some legal authority under normal circumstances, a police officer, someone like that and filing a false police report that's pretty straightforward. The maximum penalty for each crime is three years, although certainly Officer Morse, the one charged with assault, is looking at a more serious penalty if he's convicted.
KAGAN: And, just so people understand the difference, Officer Morse on the left part of the screen and then former Officer Darvish on the far right side of your screen.
Interesting arguments on behalf of the prosecution and the defense, the prosecution trying to paint Officer Morse as an out of control cop using his own form of street justice, the defense tried to contend, yes, it was caught on tape but really it was not as bad as it looked.
TOOBIN: Well, interestingly, the argument for the defense was very similar to the argument by the defense in the Rodney King case. It was a meticulous frame-by-frame reconstruction of each action that the officer took trying to say that he was justified, that he was grabbed that he was just defending himself.
KAGAN: Jeff, let me just jump in here for a second. I want you to hold that thought because just as we were going to it the judge had an important comment to make so let's listen to what the judge said. We have tape and then we'll talk about that.
JUDGE WILLIAM HOLLINGSWORTH, JR.: I've received the following jury notice as follows: Judge Hollingsworth, after three days of deliberations plus the weekend we're deadlocked on Count 1 and I see no further change in alignment. We have reached a decision on Count 2. I suppose I should bring them out and inquire whether in further deliberations they might reach a verdict and then if they -- if I...
KAGAN: All right and now we go back to the courtroom. This is Judge William Hollingsworth, Jr. Let's listen to him.
HOLLINGSWORTH: Has the count remained the same?
UNIDENTIFIED MALE: The count changed by one this morning.
HOLLINGSWORTH: And that's the only change?
UNIDENTIFIED MALE: That's correct.
HOLLINGSWORTH: Is there any member of this jury panel who feels that with some further deliberations or further re-reading of testimony or further clarification of the law that you might be able to reach a verdict in this matter, any, just raise your hand if you think that's a possibility. No hands.
Now could -- now without telling me which way, what is the breakdown in the vote on Count 1?
UNIDENTIFIED MALE: You mean a numerical breakdown?
HOLLINGSWORTH: Numerical breakdown.
UNIDENTIFIED MALE: Seven, five.
HOLLINGSWORTH: Okay and you're convinced, no possible way we can reach a verdict in this matter?
UNIDENTIFIED MALE: I am.
HOLLINGSWORTH: Anybody feel differently than that? No hands. Therefore, on Count 1, I'm going to declare the jury is unable to reach a verdict and further deliberations would not resolve that problem so I'm declaring a hung jury as to Count 1.
Now, do you have the verdicts and the verdict forms with you?
UNIDENTIFIED MALE: I do.
HOLLINGSWORTH: All of them, both the signed and the unsigned ones?
UNIDENTIFIED MALE: Well, the verdict on Count 2 is here. The one that was on Count 1 was given to the bailiff.
HOLLINGSWORTH: Oh, he already has that, OK. Would you give to my bailiff both the signed and the unsigned verdict form regarding Count 2?
I'll ask the clerk to read the verdict please as to Count 2.
COURT CLERK: In the Superior Court of California, County of Los Angeles, the people of the State of California versus Bijan Darvish, we the jury in the above-entitled action find the defendant Bijan Darvish not guilty of the crime of filing a false report in violation of Penal Code number 118.1 as charged in Count 2 of the information, signed this 20th day of July, 2003, Juror #4 as foreperson.
Ladies and gentlemen of the jury, is this your verdict, so say you one, so say you all.
JURY: Yes.
HOLLINGSWORTH: Do you wish the jury polled?
UNIDENTIFIED MALE: No, Your Honor.
HOLLINGSWORTH: All right, let me go back to Count 1 for a minute, could you now disclose how the voting was on Count 1, how many for guilty and how many for not guilty?
UNIDENTIFIED MALE: Seven for guilty, five for not guilty.
HOLLINGSWORTH: Thank you. Members and alternate members of the jury, you have now completed your service as jurors in this case. On behalf of the Superior Court I want to thank you for giving your time and effort...
BAILIFF: Gentlemen, keep it down in the courtroom.
UNIDENTIFIED MALE: Don't worry I'm leaving. There's no justice in here for our people. There's no justice here.
HOLLINGSWORTH: All right, let's keep it quiet. On behalf of the Superior Court I want to thank you for giving your time and efforts to the administration of justice in this community. You have the absolute right to either discuss or not to discuss the juror deliberations or verdict or your inability to reach a verdict with anyone; however, be advised that:
Following discharge of the jury, the defendant or his or her attorney or representative or the prosecutor or his or her representative may discuss the jury's deliberations or verdict with any member of the jury provided that the juror consents to the discussion and the discussion occurs at a reasonable time and place.
Any unreasonable contact with a juror by a defendant or his or her attorney or representative or the prosecutor or his or her representative without the juror's consent must be immediately reported to me the trial judge.
Any violation of what I've just told you will be considered a violation of a lawful court order and shall be subject to reasonable monetary sanctions. It is hereby ordered that the Court's record of personal juror identifying information, including names, addresses, and telephone numbers is sealed until further order of this Court.
In the event that any petition for access to the sealed information is set for hearing by the Court, the affected juror or jurors will be given written notice of the time and place of the hearing. At the hearing, any affected former juror...
KAGAN: As we listen to Judge Hollingsworth talk to the jury about their instructions about what they can do now, let's go back and look at the two verdicts or the lack of one verdict at least, a fascinating end to this trial for Jeremy Morse.
He is the officer, the White officer who was seen on the videotape slamming the teenager, Donovan Jackson, into the back of that police cruiser almost a year ago. The jury deadlocked on the count against him.
It was seven in favor of going for guilty and five in favor of not guilty so that is a hung jury on that count. The other officer on trial, Bijan Darvish was found not guilty on the charge of filing a false police report.
What this means for the community, what it means legally, we're going to talk with Jeffrey Toobin in just a moment. He'll help us break that down. But let's go right into Inglewood and get some immediate reaction from our Frank Buckley who is standing by -- Frank.
BUCKLEY: Again, Daryn, we're at a place called Soul Food Kitchen where people have been watching the verdict live very quietly, thoughtfully, just watching the verdict. We're here with Willie (ph), one of the people who has been watching. Your reaction?
UNIDENTIFIED MALE: My reaction is I believe that the worst jurors are the ones who don't know the facts in the case. I'm not 100 percent on the facts in the case. All that I've seen is the videotape. What I see in the videotape is clearly a misconduct of police officers.
BUCKLEY: There has been a lot of concern about how the community will react to this if it's an unpopular verdict. Do you believe -- you are one man -- do you believe this is an unpopular verdict, and, if so, what will happen?
UNIDENTIFIED MALE: I'm going to give it like a medium popular. I mean, for me, it's like if you do the crime, you know, you do the time and I just -- I don't believe anybody is going to go too crazy about the verdict.
BUCKLEY: OK. Thank you very much. That's one man's opinion.
Let's move here and get one lady's opinion, if you don't mind. Ma'am, what is your name?
UNIDENTIFIED FEMALE: Mary Thompson (ph).
BUCKLEY: And what did you think of the verdict? UNIDENTIFIED FEMALE: I felt like I told the other lady. I think, you know, it was, like, a racial thing. And I didn't think it was going just like it like it came. And then I don't think he had a (UNINTELLIGIBLE) but, hey, it's in God's hands. He'll take care of it.
BUCKLEY: OK. Thank you very much.
Let's move over here and talk to Mr. Treadwell (ph), with whom we stalked to before. And, well, you've seen the verdict now. What do you think?
UNIDENTIFIED MALE: Well, the second one I'm not surprised. I mean, how do you convict the partner if you can't come to a conclusion on the first? And I don't know, maybe a draw is a good thing. You know, that way nobody wins, nobody loses.
BUCKLEY: It doesn't disturb you? We were talking to one person who was saying that the video seemed clear to him that it was misconduct. Have you seen that home video and what did you think?
UNIDENTIFIED MALE: Well, but I also hear that there was a video camera in the gas station which showed a different point of view and until they release all the evidence, I can't make a decision either way.
BUCKLEY: OK. Thank you very much.
All right. Just some of the opinions here at one restaurant from just a handful of people. As we say, Daryn, this is a community that is prepared for any verdict, popular or unpopular. A lot of effort has gone into making sure the community, whatever the verdict is, has a peaceful reaction to this verdict and now we will see -- Daryn.
KAGAN: All right. Frank Buckley in Inglewood. We will check back with you for more community reaction.
Let's go ahead and bring our legal analyst Jeffrey Toobin Back In.
Jeffrey, very interesting end to this trial. First, the hung jury. Seven in favor of a guilty verdict, five going for not guilty. That's just about as close as you can get to split down the middle without literally splitting down the middle.
TOOBIN: You know, that was a real hung jury. You actually -- that's fairly unusual for hung juries. Usually you get 10-2, 9-3. Seven to five is really a hopeless hung jury and it's completely understandable why the judge did not ask them to go back and keep deliberating.
KAGAN: And then on the other count, I actually think we might want to check in with the guy on the cafe. He had a very good legal point, I thought. It's kind of hard to convict the other officer of filing a false police report when you can't even make a decision on the guilt or innocence of the other police officer. TOOBIN: Absolutely, and that case is now over. I mean, there is nothing more that's going to happen regarding Officer Darvish. Now the interesting question before prosecutors is what did they do? Do they retry Officer Morse? That's one option in a hung jury. Another thing that often happens after a hung jury that a plea bargain is reached on somewhat lesser charges. Obviously that will be considered as well.
It really puts the prosecutor in the hot seat there to decide what to do at this point because now, just when you think the case is over, there are a lot more decisions to have to make.
KAGAN: Well, especially since the prosecutor will have to go back and look what they came up with that convinced 7 people but did not convince 5. What about like in the Rodney King case when it went to federal charges?
TOOBIN: Well, that's possible after the state charges are resolved. But here the state charges are not resolved. The prosecutor is fully within his rights to be able to empanel -- you know, start another trial tomorrow. That obviously doesn't happen that quickly. But in hung juries, many times there are simply retrials.
So in theory, it is possible that the case could move on to federal court. But usually the policy of the federal government is to wait until the state case is completely resolved before any federal intervention is -- takes place.
KAGAN: All right. Thank you so much, Jeffrey Toobin.
Let's go back to the courthouse in Los Angeles. Dan Lothian standing outside for more reaction to the verdict or lack of verdict -- Dan.
LOTHIAN: Daryn, I'm -- standing here with me is Najee Ali, a community activist who has been involved not only in this case, attending every day of the trial, but also being involved in keeping the peace in the community.
First of all, your reaction to the verdicts or the nonverdict in one case today?
NAJEE ALI, COMMUNITY ACTIVIST: I'm outraged and I'm very upset. These officers were both guilty, and they should have been found guilty. So it's a slap in the face. And this is really Rodney King all over again. Here we go again.
LOTHIAN: What do you think was the confusion for some members of the jury that they were not able to see what you saw or what you think you saw on that videotape?
ALI: It shouldn't be any confusion. But I say white America sees things differently than black America. This is Rodney King all over again, where the whole world saw Rodney king beat on tape and Donovan Jackson beat on videotape. Yet once again we see things differently with two different verdicts.
LOTHIAN: Were you surprised, though, that they couldn't even reach a verdict? Because it seemed to me that the pulse of community activists early on throughout this trial was that the prosecution was not really presenting a strong case and that this was a slam dunk for the defense.
ALI: Well, I'm not surprised as far as Bijan Darvish because the prosecution's efforts were weak and they made no effort to really even try this man. So we sat through the last few days wondering why this guy even down here if he's not going to be prosecuted?
LOTHIAN: Where do you go from here as a community activist? There is certainly anger. But what is the next level that you feel in your mind you can receive justice?
ALI: Well, it's not over with. This case is not over with. We want to demand that Steve Cooley retry this Officer Morse. We want to make sure that he is retried by competent prosecutors that he's brought to justice because he beat that kid and was really crazy.
Mitchell Crooks is the only one that was put in jail, the man that shot the videotape. He's a hero. And the criminal was found not guilty by a hung jury.
LOTHIAN: Now, obviously, throughout this anger and these feelings that you have right now, you also want to send a clear message to the community. You've been doing that throughout this trial. And what is that message?
ALI: That -- let not one bottle or brick be thrown. You can be angry. But let's be angry in a controlled manner and make sure that we keep the peace. So we're not going to tear our own neighborhoods up. We're going to get justice, though. We're going to keep fighting.
LOTHIAN: Can we talk to Mitchell Crooks? Mitchell, you shot the videotape. If it wasn't for that videotape, we probably would not be here today. Your thoughts?
MITCHELL CROOKS, SHOT VIDEO OF BEATING: I'm not surprised by the outcome at all. I knew that the prosecution was blowing the case. They didn't ask me to testify. They didn't ask the 20 people on the videotape to testify. They didn't ask the 20 people that Jeremy Morse beat up before this tape came public. So I just knew what the outcome was going to be. I knew by the way that they handled my situation that they were not serious about trying this case.
I'm not surprised at all. I don't regret it. We still brought the issue of police brutality to the public, and it ain't going away. People are going to go out there with their cameras and they're going to film police because it's the most nonviolent way to get your point across.
LOTHIAN: I'm wondering, when you caught what you got on videotape, did you think that once this went to trial with that videotape, that it would pretty much be a slam dunk case? That it was on videotape, so there was only one way that people could judge it.
CROOKS: I knew that the public knew. I knew that the media knew. I knew that people all around knew and they saw that videotape worldwide. So I know that they all could see for themselves what he did.
The boy was in handcuffs. He was in handcuffs and he was subdued already and he was not resisting arrest. And, I mean, I'm not surprised. I'm just not surprised. I knew the outcome.
LOTHIAN: Najee, once again, there's a lot of media presence here. We see a lot of security. Police are circling around in helicopters.
But I know, more than anything else, and you've mentioned this before, that you want everyone to contain whatever anger that they have. What would be your message to people, not only in the Inglewood community, but in other communities around here who might be upset, what they perceive to be injustice in these verdicts?
ALI: Well, they have a right to be upset and they should be angry. I'm very angry. But I'm going to control my anger and make sure it's not in a destructive manner. We're going to make sure that we stay viligant (sic). We're going to make sure that we demand that Jeremy Morse is reprosecuted for his crime of police brutality.
LOTHIAN: Thank you very much for talking with us. Back to you.
KAGAN: Dan Lothian in Los Angeles, thank you for that.
Now it's your turn to weigh in on the story. Our "Web Question of the Day" is this -- "Do you agree with the verdict or the lack of verdict, how it all ended in the Inglewood police beating case?" We're going to have the results later in this broadcast. A very unusual ending to this trial. Just go to cnn.com/wolf to vote.
And while you're there, we'd like to hear from you. You can send us our comments and we just might read some of them at the end of this program. That's also, of course, where you can read our daily online column, cnn.com/wolf.
The Pentagon blasted for a plan that is called both immoral is unbelievably stupid. Find out what's happening now to the futures market on terror.
Also, the news media get a stern warning in the Kobe Bryant case. Find out why the judge is threatening sanctions at this point.
And it's the elephant versus the tourist. Find out who won this safari showdown.
(COMMERCIAL BREAK)
KAGAN: Welcome back to CNN. Let's take a look at the latest headlines.
(NEWS BREAK)
(COMMERCIAL BREAK)
KAGAN: We'll get those Web results in just a minute.
First, boxer Mike Tyson says he acted in self-defense during a New York hotel brawl that took place in June. Prosecutors argue though, that a security video of the fight tails different story. Our Jason Bellini reports.
JASON BELLINI, CNN CORRESPONDENT (voice-over): About 5:00 a.m. June 21 at a Brooklyn hotel, two men and a woman ask Mike Tyson for an autograph, and he refused. Tyson's lawyer claims the men were drunk and threatened him by saying they had guns and that Tyson thought one was reaching for something in his belt.
The men's lawyer denied that, saying Tyson lost control, and they all were arrested. Part of the incident was caught on the hotel security camera. If you watch the lower right-hand corner of the screen, you see Samuel Valez in white pants, and Tyson hit him. All you see is the follow-through of the first right-hand punch received by Valez, who immediately goes down.
Next, Valez's wife steps in to try to help him get up. Tyson pushes her into the (UNINTELLIGIBLE). She comes back and tries to hold her husband up. Tyson then goes off screen for about 30 seconds. As soon as Valez is up again, Tyson re-enters the picture, hits Valez with a left-right punch. Valez again goes down. Next, you see Tyson cross the lobby, jump over the reception desk and chase Nestor Alvarez Ramos.
The rest of the incident happens off camera. The criminal cases against all three men are pending.
(END VIDEOTAPE)
KAGAN: Well, joining us now from New York with his take on all this, Earl Brown, he is the attorney for the two men that Tyson was fighting with. Earl, thanks for being with us.
EARL BROWN, ATTORNEY: Thank you for having me.
KAGAN: Do you think that that videotape help or hurts your clients?
BROWN: Well, I certainly believe it helps my clients, frankly. The charges against my clients are menacing, and part of the claim by the people is that my clients actually started this entire situation.
KAGAN: Well, just to be clear, we should say the charges are menacing and disorderly conduct, so people understand that. Is it true or not true that your clients did start this by saying to Mike Tyson, "you've got fists, we've got guns," and then motioned to their waistbands?
BROWN: Again, that's certainly untrue, and with regard to discussing the particulars of the pending case, obviously I can't go very far into that, but suffice it to say that I think the video itself reveals that at the very least, Mr. Tyson and my clients were arguing, engaging in some type of conversation, and Mr. Tyson becomes animated, and the rest follows.
KAGAN: Once this is all wrapped up on the criminal side, do you intend to file a civil suit against Mike Tyson? Are dollars behind this?
BROWN: Well, we certainly aren't going to avoid that opportunity as it presents itself later on down the line. But we want to address the criminal issues presently.
KAGAN: All right. So you see a lawsuit against Mike Tyson to be an opportunity?
BROWN: Well, opportunity in the sense of my clients have a right to pursue that route. But, again, they are more focused on the criminal issue right now. They want to address that with all of their intentions.
KAGAN: All right, Earl, thank you for joining us. Let's get the other side of the story now, and for that, we have Mike Tyson's attorney, Mel Sachs.
Mel, I'll start with the same question that I started with Earl. Do you think the tape helps or hurts Mike Tyson in this case?
MEL SACHS, TYSON'S ATTORNEY: The tape certainly shows that Mike Tyson did everything properly, and everything that he did is recognized by the law. He was justified in his conduct. He was acting in self-defense. He was provoked by these two men, who were intoxicated. Heated words were exchanged, and he was told that "you have fists, we have guns." There are witnesses who heard and saw what had happened. Mike Tyson is innocent. The charges against him will be dismissed.
KAGAN: Now, let's just be clear about this...
SACHS: So on that and on law...
KAGAN: Let me just ask one question. The tape doesn't have any sound on it. So from the tape we don't know what was said. The tape just shows pictures kind of in a halting, delayed manner.
SACHS: Yes, that's true. What we have are witnesses hearing what exactly was said. And what was said was justification for Mike Tyson's conduct. Also, they reached in their waistbands, he had every reason to believe they were armed with guns, and he did everything to subdue these two men.
This is a -- there are cases in court. There are good cases, bad cases, strong and weak cases. This is a bad, weak case. Mike Tyson acted properly. He did everything in accordance with the law, and the case against him will be dismissed in its entirety. KAGAN: I think it's kind of interesting that both attorneys on either side of this think that the tape actually helps each one of their clients. How is that?
SACHS: Well, this tape certainly helps Mike Tyson, because if you look at it, you see that all he did was subdue each one of them. He doesn't do anything excessive. He doesn't hit anybody when they are down at all, and Mike Tyson has the ability to (UNINTELLIGIBLE)...
KAGAN: But he leaves -- now, he leaves and he goes off camera for about 30 seconds and he comes back. If he didn't really mean anything malicious, why didn't he just leave the scene?
SACHS: He doesn't have any duty to leave the scene. He doesn't have to retreat. When he's being told that we have guns, he has every reason to act in the way he acted. Not only that, he acted with discipline and restraint. Frankly, he should be commended in the way he acted on those early morning hours when these two intoxicated men came over to him, provoked him and caused this problem. He has a right to be (UNINTELLIGIBLE).
KAGAN: It clearly sounds like you are saying that your client, Mike Tyson, is getting a raw deal here.
SACHS: He certainly is. There's no basis for him to be...
(CROSSTALK)
KAGAN: And if this was one isolated incident, Mel, I think you might have some more sympathy. But, come on, it's Mike Tyson. It seems like every other month we're hearing about some kind of conflict that he had, whether it's somebody with a car accident or a fight like this. Does not a history of incidents like this not work out that well for your client when he's trying to make the argument that he's being provoked?
SACHS: See, what we have to do is look at the facts and circumstances here, instead of extracting things out of context, magnifying them out of proportion. We have to recognize the fact that here he was, wanting to be left alone. He never had any problems with people in public. He's normal with...
KAGAN: He's never had any problem with people in public? He's Mike Tyson!
SACHS: People coming up to him, asking him for an autograph, wanting to shake his hand. He's had other problems, but nothing like this. This is aberrational. This was an isolated incident, and this tape, the witnesses prove overwhelmingly that he didn't do anything improper and he was justified in his conduct.
KAGAN: And it's your intention to see that the charges are dropped. But you heard Earl Brown talking, there will be a civil suit that follows it. I thought it was interesting the language that he used, "we won't pass up this opportunity." Mike Tyson, he must realize that he is a target for things like this. SACHS: You know, there's an endemic problem with professional athletes. I just represented David Wells, the pitcher on the New York Yankees. He was in a restaurant in the early morning hours where he also was provoked and he was attacked...
KAGAN: Mel, I'm sorry. I just have to interrupt you just because we have to go back to Los Angeles. No fault of yours, but this is a lawyer for Donovan Jackson, this is the teenager, the 16- year-old at the time that was being arrested by the two officers. Let's listen to her, what she has to say.
All right. Well, it looks like we just missed it. If you missed it, the top of the newscast there, these verdicts against one police officer, against Jeremy Morse, it was a hung jury, seven in favor of a guilty verdict, five not guilty. So he escaped that charge for right now. The other officer, Bijan Darvish, was found not guilty on the charge of filing a false police report.
Let's go back -- we actually have that attorney for Donovan Jackson. We have her on tape. Let's go ahead and listen to what she had to say just a few minutes ago.
(BEGIN VIDEOTAPE)
CAMRYN STEWART, ALLEGED VICTIM'S ATTORNEY: We do think this case should definitely be retried, and we will look forward to that on September 29. We are hopeful that this next time around, that justice will be served. And we in the meantime will proceed vigorously with a civil lawsuit. Bijan Darvish and Jeremy Morse will be deposed in a civil case, and they will testify at trial in that case.
Thank you very much.
(END VIDEOTAPE)
KAGAN: That was the attorney for then 16-year-old Donovan Jackson. He was the young man who was being arrested for resisting arrest back in July of 2002. That arrest was videotaped, and that's what led to the trial and the verdict today. As you heard that attorney say, she does plan to file a civil suit on behalf of Donovan Jackson, and she intends to have the former officer, Jeremy Morse, have to testify and to give a deposition during that civil lawsuit.
More on that story just ahead. Our apologies to Mel Sachs for having to cut him off there, but thanks to him and also to Earl Brown for the discussion of the case against Mike Tyson.
We did mean to bring you a story on U.S. prisoners of war in the first Persian Gulf War. Unfortunately because of the breaking news we've had with the verdict out of Los Angeles, we were unable today to bring you that story. But it will run today on "CNN'S HEADLINE NEWS," and that's coming up at 6:10 p.m. Eastern.
Now, here's how you're weighing in on our Web question of the day. Remember, we've been asking you this about the verdict in the Inglewood police beating case -- what did you think of that? Well, 22 percent of you said, yes, you do agree with how the verdict or lack of verdict worked out, but 78 percent said no. You can find the exact vote tally and continue to vote, by the way, on our Web site, cnn.com/wolf. As always, it's the time of day where we remind you it's not a scientific poll, just a place to express an opinion.
A reminder, you can always watch WOLF BLITZER REPORTS weekdays this time, 5:00 Eastern. I'll be here again for Wolf tomorrow. Until then, thanks for joining us. "LOU DOBBS TONIGHT" begins right now.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired July 29, 2003 - 17:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: And we are following two breaking stories.
First, chilling new details on a possible plot to use airplanes as weapons before the end of the summer.
Also, the possible target the East Coast of the United States.
We're also tracking a breaking story from California, at any moment two police officers accused in a controversial arrest will learn their fate. Watch it happen right here on WOLF BLITZER REPORTS.
(BEGIN VIDEOTAPE)
KAGAN (voice-over): Cops caught on tape and brought to trial, now the verdict is in.
Saddam on tape a new recording on his sons and his sorrow.
SADDAM HUSSEIN (through translator): Thank God for what he has destined for us that he honored us with their martyrdom.
KAGAN: Troops on tape, why they're closing in. We're on the scene as a dawn raid hits Saddam's home turf.
And, tale of the tape, Mike Tyson caught fighting outside the ring, will it help or hurt his case?
(END VIDEOTAPE)
KAGAN: It is Tuesday, July 29, 2003. Hello from CNN Center in Atlanta, I'm Daryn Kagan reporting today. Wolf Blitzer is off.
An out of control cop or a reasonable force, California jurors reach a verdict in the Inglewood police beating caught on tape, a White police officer assaulting a handcuffed African American teenager during an arrest last year.
Donovan Jackson was his name. He was 16 at the time. He was arrested for resisting arrest but he was never charged with a crime. Former officer Jeremy Morse is charged with assaulting Jackson.
Morse's former partner, officer Bijan Darvish charged with filing a false police report. We are standing by live for the verdict. We will bring it to you once it happens. First, though, there is some frightening new news to tell you about, new details about the latest terror warning going out to airlines including word of a possible hijacking plan this summer.
Our Jeanne Meserve is following developments. She is in Washington -- Jeanne, hello.
JEANNE MESERVE, CNN CORRESPONDENT: Hi, Daryn.
Planning could be underway for hijackings this summer in the U.S. or against U.S. interests abroad. A Department of Homeland Security advisory was sent out to the aviation community and state and local officials. It also was obtained by CNN.
It says, in part, that attack venues may include the United Kingdom, Italy, Australia, or the East Coast of the United States due to the relatively high concentration of government, military, and economic targets, that the hijackers may use flights that transit the target countries to avoid the need for visas.
That the plan may involve the use of five man teams that would attempt to seize control of an aircraft near takeoff or landing precluding the need for flight trained hijackers. That the hijackers could try to calm passengers and make them believe they are on a hostage, not a suicide missions.
That the hijackers may attempt to use items carried by travelers, such as cameras, modified as weapons. The information was gleaned over the last several weeks from interrogations of high level al Qaeda detainees and electronic intercepts, sources say.
There is no plan, officials say, at this point to ramp up the threat level from yellow but the aviation community is being asked to review security and make upgrades paying particular attention to passengers transiting the U.S. without a visa -- Daryn.
KAGAN: Jeanne Meserve, thank you for the latest on that.
For more on this breaking story let's bring in our CNN Justice Correspondent Kelli Arena who is also in Washington. Kelli, this report seems to suggest that al Qaeda is alive and kicking and very much making plans to attack once again.
KELLI ARENA, CNN JUSTICE CORRESPONDENT: Well, we did hear today from FBI Director Robert Mueller about al Qaeda and how it's scattered across the globe and still remains a very viable threat.
When I asked a senior U.S. official today about the credibility of this information, I told him on a scale of one to ten tell me where this fits and he said I'd put it at about a six to seven and that's because there has been some corroboration of this information.
It not only came from detainees being held by the United States at various locations but there were also, we're told by sources, electronic intercepts that seem to complement the information that was coming from the detainees and whenever you have corroboration of information that does put it a little bit higher on the concern scale.
However, on the alert itself that was obtained by Jeanne Meserve, the government clearly states that there are some questions about the viability of this plot and, again, you know seven out of ten doesn't mean ten and so there are some questions about whether or not this is something that is in the works.
There's no information to suggest that any operatives have been tasked with pulling this off or that any funds have been sent toward an operation so no information whatsoever regarding an actual plot just that this has been discussed at this point.
KAGAN: So, let's bring Jeanne back in. Jeanne, it seems like there's a very high stakes psychological game being played here as well with officials saying to al Qaeda out there we are listening and we know what you're planning to try to do.
MESERVE: And that is certainly part of the game here. They're hoping that if they put the terrorists on notice, hey, we know what you're planning that that could short circuit the plans.
Al Qaeda like any organization would aim for success and if the U.S. knows this much about what they're planning they could decide to abort their plans so that is part of the game that's going on here.
But, in addition, the issuing of this advisory is intended to put the aviation community on its toes. They want them to be on the lookout, to be looking for any new possible techniques that terrorists might be using and also encouraging, as I just reported, to put some new random security measures in place that might catch something going on.
KAGAN: And, one more question for Kelli, the question that this would indicate that they're planning on using airplanes yet again. You would think that perhaps they would try a new tactic or a new type of target.
ARENA: Well, Daryn, as several officials have said to me over recent months why not use aircraft? They were very successful on September 11 as eerie as that is but they were very successful using aircraft.
We have seen repeated bulletins. As you know, every Wednesday the FBI puts out an intelligence bulletin to its state and local partners and we have obtained most of those and many time we have seen warnings about small aircraft or commercial aircraft and just being aware of people traveling.
So, this has been a concern very high on the priority list since September 11. The intelligence officials that I have spoken to have always said that they believe that al Qaeda, and other terror organizations, maintain a high interest in using aircraft in possible terror plots so this unfortunately is nothing new to the people who cover this every day.
KAGAN: As you well know, Kelli Arena and Jeanne Meserve, both of you know that covering it day in and day out. Ladies, thank you for that information, appreciate it.
Now, we need to get back to California, two Inglewood police officers on trial for a controversial arrest that was caught on tape. We have complete coverage of the verdict. You're looking at a live picture of the courtroom. Once the jury comes in and that verdict is read you will see it live right here on CNN.
Meanwhile, while we wait for that verdict to come in, let's bring in our Dan Lothian. He's outside the courthouse. We also have National Correspondent Frank Buckley in Inglewood with reaction there and preparation to keep the city from losing control and we'll also hear from our Legal Analyst Jeffrey Toobin.
Dan, we're going to start with you outside the courthouse.
DAN LOTHIAN, CNN CORRESPONDENT: Hello, Daryn.
Well, we are outside of the courthouse now and I just want to kind of set the scene for you. What's happening here to my left we have a group of activists who are calling themselves "Peace After the Verdicts," and just a few minutes ago we heard them chanting peace after the verdicts.
What they're trying to point out is that no matter what happens, whatever this verdict is, they don't want a repeat of what happened in 1991. They don't want any violence taking place out on the street.
They simply want peace. They obviously have some concerns about this incident which was caught on videotape but the bottom line is that they want to have peace.
On my right here, you can see it's kind of packed in here. We have almost two dozen cameras, reporters waiting for that verdict to come down. The jury reached the verdict at 9:35 Pacific Time this morning. It was a little more than a half hour after they returned for the fourth day of deliberations.
This case, of course, involving two defendants, Jeremy Morse and Bijan Darvish who were working with the Inglewood Police Department caught on videotape slamming then 16-year-old Donovan Jackson onto the back of a police cruiser. Security here at the courthouse is tight as everyone awaits the verdict.
(BEGIN VIDEOTAPE)
LOTHIAN (voice-over): Is this the picture of an out of control police officer carrying out street justice or a display of law enforcement using reasonable force in an unpredictable situation?
JOHN BARNETT, DEFENSE ATTORNEY: Lifting hands to approximately shoulder level, slamming him down forcefully on top of the car.
LOTHIAN: In Los Angeles, California, those were some of the questions before a jury. Seven days of testimony in the videotape beating case of then 16-year-old Donovan Jackson, former officer Jeremy Morse, charged with assault under the color of authority and his ex-partner Bijan Darvish charged with filing a false police report.
It happened a little more than a year ago at this Inglewood gas station. Jackson, handcuffed, slammed onto a squad car and punched. What started out as a suspicious car registration inquiry ended up in a controversial beating, videotaped by a guest at this hotel across the street. The community was outraged. Jackson, his father said then, was left terrorized.
UNIDENTIFIED MALE: They wake up like screaming. He's scared of police now. He's scared to go outside by himself.
LOTHIAN: Morse, through his attorney, has maintained he punched only after he was grabbed in the groin area. And, in trial, the defense presented a use of force expert and other witnesses who concluded the actions taken that day were reasonable.
UNIDENTIFIED MALE: Officer Morse followed policy and he was within that policy.
LOTHIAN: But prosecutors presented their own witnesses who said just the opposite and put Jackson on the stand who testified he never resisted. In a community still angry, there have been fears about unrest.
UNIDENTIFIED MALE: Our message is we want everyone to be calm, cool, and collected and, really, we want to make sure there's no violence.
ACTIVISTS: No guilty, no peace. No guilty, no peace.
(END VIDEOTAPE)
LOTHIAN: Right now you're taking a look at the courthouse. The clerk and some other court officers are in place. The judge has not yet returned to the courtroom and neither have the jurors but that is expected shortly for them to enter the courtroom which is on the eighth floor of this courthouse to read the verdict.
And to my left, once again, the noise that you are hearing we have some activists from the community who are saying that no matter what happens, whatever this verdict will be, they want peace after the verdict. That's the very latest from the courthouse -- Daryn, back to you.
KAGAN: All right, Dan, thanks and good job filtering out all the noise and all the different things taking place there. Once again, we will go live inside the courtroom when the verdict is read.
Meanwhile, let's head into the community to Inglewood. Let's bring in our National Correspondent Frank Buckley who can tell us more about those efforts to try to keep peace in the community no matter what the verdict will be -- Frank, hello.
FRANK BUCKLEY, CNN NATIONAL CORRESPONDENT: Hey, Daryn. We are at the Soul Food Kitchen and this is where people -- one of the places where people will be watching the verdict live when it comes in later today on local television.
And Adolf Dulan (ph) who is the owner here has been kind enough to let us come in and take a look. In fact, I'd like you to look at the kitchen and some of the wonderful food here as I tell you about some of those efforts that are going on here in Inglewood.
It's largely been organized by a group called Stop the Violence, Increase the Peace Foundation. They call it a proactive peace effort. They want Inglewood to be prepared for any verdict whether it's a popular or an unpopular verdict so they've done things like train 1,500 so-called peace ambassadors.
They will have churches open throughout the city, 15 different what they call peace sanctuaries where people can go to have dialogue on whatever the verdict may be.
So, they've done a lot here with the coalition that is involved, the police, the city of Inglewood, the federal officials, churches, block captains. They're doing a lot to make sure that the reaction to this verdict is a peaceful one or whatever they can to hope that it's a peaceful reaction.
I wanted to talk to a couple of the patrons here. This is D. L. Treadwell (ph). D. L. what do you think, first of all what are your feelings as we are about to hear this verdict?
UNIDENTIFIED MALE: Well, I believe strongly that you got to trust in the 12 citizens who allow themselves to become jurors, take on the responsibility, and believe they got all the facts and the information and whatever they make is a decision they make based on the knowledge that they have.
BUCKLEY: And, do you feel like the city of Inglewood and the Increase the Peace Foundation the efforts that they've undertaken, what do you think of that and how will that prepare the city?
UNIDENTIFIED MALE Well, I think definitely that we learned from our last experience and, therefore, getting the people out and in force and pushing the message will either hinder or minimize that best.
BUCKLEY: OK, thanks D. L.
I want to go to Corin Fuller (ph) real quick. Corin, what about you? You live here in Inglewood. Are you concerned about today or do you believe that the city is prepared for this verdict whatever it is?
UNIDENTIFIED FEMALE: It is prepared for this. I think they've done everything possible to enlighten everyone about the possibility of the different outcomes and I think everyone, everything is going to remain very peaceful.
BUCKLEY: OK, well thank you both very much. We appreciate your insight. That's the view here at the Soul Food Kitchen and we'll be here for the verdict when it happens -- Daryn.
KAGAN: All right, Frank, thank you very much for that. We will check back with you.
Right now to give us a take, the legal side of the take, let's bring in our Legal Analyst Jeffrey Toobin, Jeff hello.
JEFFREY TOOBIN, CNN LEGAL ANALYST: Hi, Daryn.
KAGAN: First of all we have two police officers on trial right now at the same time but one is facing a lesser charge.
TOOBIN: Right. They are very different charges. One, Officer Morse, is charged with abuse of force. He's the one who banged young Mr. Jackson into the car, the fellow right there you can see on the screen. He's charged with abuse of his authority.
His former partner, Darvish, is charged with filing a false police report. Interestingly, the same penalty, maximum penalty applies to both, three years in prison but, certainly, if there are convictions Officer Morse is looking at a much more serious penalty than his former partner is.
KAGAN: Interesting some things that did not come up during the trial. First of all, race was never mentioned and yet if you look at the victim here and the people who are on trial you can't get away from it especially in the history of Los Angeles.
TOOBIN: Of course, you know, the unspoken name and, it's funny, I was listening to our earlier reports. No one actually said the name Rodney King although, of course, that's what all of us are thinking about here.
You know that was the videotaped beating of a Black motorist by White cops. The trial was moved from Los Angeles to Simi Valley, a predominantly White area where the officers were acquitted and that, of course, set off the awful riots.
There are parallels, of course. There are also important differences between the Rodney King case and this one. Here the trial was not moved. The incident took place in Inglewood and it's being tried in Inglewood so there was no sense of the case being taken away from the community.
Also, it just simply got a lot less publicity than the Rodney King case. This is a lower profile event and also the preparations taken by the community are far greater than anything that was done in Los Angeles and so I think that's why everyone is anticipating, as well as hoping, that there will be calm reaction to the verdict whatever it is.
KAGAN: All right, Jeff, we'll have you stand by with us. We're waiting once again for that jury and the verdict to come in. You'll watch it with us live right here on CNN. We'll get your take on the verdict after it's read, appreciate it.
TOOBIN: Sure.
KAGAN: Saddam Hussein allegedly speaks out again. You're going to hear what the fallen dictator is saying about the death of his sons.
Plus, profiting on terror predictions, wait until you hear this one. The Pentagon is reacting to the outrage over plans to set up a betting Web site.
And, Mike Tyson caught on tape, the Tyson brawl. You're going to see surveillance video of the boxer's latest run-in.
(COMMERCIAL BREAK)
KAGAN: You're looking at a live picture from Los Angeles. That is officer, former Inglewood Officer Jeremy Morse on trial in the attack and the arrest of teenager Donovan Jackson.
We're waiting for the verdict which should be taking place any minute since the defendants are entering the courtroom. We're waiting for the jury. When it's read, you're going to see it live right here on CNN.
While we wait for that to get going, let's turn now to Iraq. Even as U.S. forces say that they are tightening the noose on Saddam Hussein, a new audio tape has surfaced. It purportedly is from the former Iraqi leader mourning the death of his two sons.
Let's go live now to our Senior International Correspondent Nic Robertson who is in Baghdad -- Nic, hello.
NIC ROBERTSON, CNN SR. INTERNATIONAL CORRESPONDENT: Hello, Daryn.
This is the fifth tape and like the last four tapes here it was handed into an Arab broadcasting network in Baghdad, Al-Arabiya airing at about eight o'clock in the evening in Baghdad. The message to the people of Iraq from somebody who is either Saddam Hussein or pretending to be him telling them that his sons are martyrs.
(BEGIN VIDEOTAPE)
ROBERTSON (voice-over): Recently released coalition pictures of Uday and Qusay following their death the latest message purporting to come from their father notes their passing and praises them as martyrs for Iraq.
HUSSEIN (through translator): Your brothers Uday, Qusay, and Mustafa, the son of Qusay, have all stood a great fight as believers in Mosul. After a hard fight against the enemy lasting six full hours, the enemy could not get to them after surrounding them with all its equipment until they fired missiles via airplanes.
ROBERTSON: Coalition authorized pictures showed only Uday and Qusay. The new audio tape indicating the former president's grandson, Mustafa, died along with them, the man sounding like the former Iraqi leader thanking God for what he called their jihad.
HUSSEIN (through translator): Thank God for what he has destined for us that he honored us with their martyrdom. We pray to him that he will make them happy in the hereafter.
ROBERTSON: Little in this the fifth such broadcast that seemed to please those listening to it.
"Saddam is nobody these days" this man says. "He has no power, no army, no friends. What can he do?"
(END VIDEOTAPE)
(BREAKING NEWS)
KAGAN: And with that, we want to take you back live to Inglewood, California, the verdict about to be read in the trial of former Inglewood police officers Jeremy Morse and Office Bijan Darvish, the jury coming to a verdict for both officers. Let's listen into the courtroom.
All right, while we wait for this verdict to be read, let's bring in Jeffrey Toobin to help us recap exactly what the officers are facing. Once again it's two former officers of the Inglewood Police Department, Jeremy Morse and Officer Bijan Darvish, one facing the charge, Jeff, of assault under color of authority, the other one with a lesser charge of filing a false police report.
First, explain to us what that kind of convoluted term is assault under the color of authority.
TOOBIN: Well, what it means is it's an assault by someone who has some legal authority under normal circumstances, a police officer, someone like that and filing a false police report that's pretty straightforward. The maximum penalty for each crime is three years, although certainly Officer Morse, the one charged with assault, is looking at a more serious penalty if he's convicted.
KAGAN: And, just so people understand the difference, Officer Morse on the left part of the screen and then former Officer Darvish on the far right side of your screen.
Interesting arguments on behalf of the prosecution and the defense, the prosecution trying to paint Officer Morse as an out of control cop using his own form of street justice, the defense tried to contend, yes, it was caught on tape but really it was not as bad as it looked.
TOOBIN: Well, interestingly, the argument for the defense was very similar to the argument by the defense in the Rodney King case. It was a meticulous frame-by-frame reconstruction of each action that the officer took trying to say that he was justified, that he was grabbed that he was just defending himself.
KAGAN: Jeff, let me just jump in here for a second. I want you to hold that thought because just as we were going to it the judge had an important comment to make so let's listen to what the judge said. We have tape and then we'll talk about that.
JUDGE WILLIAM HOLLINGSWORTH, JR.: I've received the following jury notice as follows: Judge Hollingsworth, after three days of deliberations plus the weekend we're deadlocked on Count 1 and I see no further change in alignment. We have reached a decision on Count 2. I suppose I should bring them out and inquire whether in further deliberations they might reach a verdict and then if they -- if I...
KAGAN: All right and now we go back to the courtroom. This is Judge William Hollingsworth, Jr. Let's listen to him.
HOLLINGSWORTH: Has the count remained the same?
UNIDENTIFIED MALE: The count changed by one this morning.
HOLLINGSWORTH: And that's the only change?
UNIDENTIFIED MALE: That's correct.
HOLLINGSWORTH: Is there any member of this jury panel who feels that with some further deliberations or further re-reading of testimony or further clarification of the law that you might be able to reach a verdict in this matter, any, just raise your hand if you think that's a possibility. No hands.
Now could -- now without telling me which way, what is the breakdown in the vote on Count 1?
UNIDENTIFIED MALE: You mean a numerical breakdown?
HOLLINGSWORTH: Numerical breakdown.
UNIDENTIFIED MALE: Seven, five.
HOLLINGSWORTH: Okay and you're convinced, no possible way we can reach a verdict in this matter?
UNIDENTIFIED MALE: I am.
HOLLINGSWORTH: Anybody feel differently than that? No hands. Therefore, on Count 1, I'm going to declare the jury is unable to reach a verdict and further deliberations would not resolve that problem so I'm declaring a hung jury as to Count 1.
Now, do you have the verdicts and the verdict forms with you?
UNIDENTIFIED MALE: I do.
HOLLINGSWORTH: All of them, both the signed and the unsigned ones?
UNIDENTIFIED MALE: Well, the verdict on Count 2 is here. The one that was on Count 1 was given to the bailiff.
HOLLINGSWORTH: Oh, he already has that, OK. Would you give to my bailiff both the signed and the unsigned verdict form regarding Count 2?
I'll ask the clerk to read the verdict please as to Count 2.
COURT CLERK: In the Superior Court of California, County of Los Angeles, the people of the State of California versus Bijan Darvish, we the jury in the above-entitled action find the defendant Bijan Darvish not guilty of the crime of filing a false report in violation of Penal Code number 118.1 as charged in Count 2 of the information, signed this 20th day of July, 2003, Juror #4 as foreperson.
Ladies and gentlemen of the jury, is this your verdict, so say you one, so say you all.
JURY: Yes.
HOLLINGSWORTH: Do you wish the jury polled?
UNIDENTIFIED MALE: No, Your Honor.
HOLLINGSWORTH: All right, let me go back to Count 1 for a minute, could you now disclose how the voting was on Count 1, how many for guilty and how many for not guilty?
UNIDENTIFIED MALE: Seven for guilty, five for not guilty.
HOLLINGSWORTH: Thank you. Members and alternate members of the jury, you have now completed your service as jurors in this case. On behalf of the Superior Court I want to thank you for giving your time and effort...
BAILIFF: Gentlemen, keep it down in the courtroom.
UNIDENTIFIED MALE: Don't worry I'm leaving. There's no justice in here for our people. There's no justice here.
HOLLINGSWORTH: All right, let's keep it quiet. On behalf of the Superior Court I want to thank you for giving your time and efforts to the administration of justice in this community. You have the absolute right to either discuss or not to discuss the juror deliberations or verdict or your inability to reach a verdict with anyone; however, be advised that:
Following discharge of the jury, the defendant or his or her attorney or representative or the prosecutor or his or her representative may discuss the jury's deliberations or verdict with any member of the jury provided that the juror consents to the discussion and the discussion occurs at a reasonable time and place.
Any unreasonable contact with a juror by a defendant or his or her attorney or representative or the prosecutor or his or her representative without the juror's consent must be immediately reported to me the trial judge.
Any violation of what I've just told you will be considered a violation of a lawful court order and shall be subject to reasonable monetary sanctions. It is hereby ordered that the Court's record of personal juror identifying information, including names, addresses, and telephone numbers is sealed until further order of this Court.
In the event that any petition for access to the sealed information is set for hearing by the Court, the affected juror or jurors will be given written notice of the time and place of the hearing. At the hearing, any affected former juror...
KAGAN: As we listen to Judge Hollingsworth talk to the jury about their instructions about what they can do now, let's go back and look at the two verdicts or the lack of one verdict at least, a fascinating end to this trial for Jeremy Morse.
He is the officer, the White officer who was seen on the videotape slamming the teenager, Donovan Jackson, into the back of that police cruiser almost a year ago. The jury deadlocked on the count against him.
It was seven in favor of going for guilty and five in favor of not guilty so that is a hung jury on that count. The other officer on trial, Bijan Darvish was found not guilty on the charge of filing a false police report.
What this means for the community, what it means legally, we're going to talk with Jeffrey Toobin in just a moment. He'll help us break that down. But let's go right into Inglewood and get some immediate reaction from our Frank Buckley who is standing by -- Frank.
BUCKLEY: Again, Daryn, we're at a place called Soul Food Kitchen where people have been watching the verdict live very quietly, thoughtfully, just watching the verdict. We're here with Willie (ph), one of the people who has been watching. Your reaction?
UNIDENTIFIED MALE: My reaction is I believe that the worst jurors are the ones who don't know the facts in the case. I'm not 100 percent on the facts in the case. All that I've seen is the videotape. What I see in the videotape is clearly a misconduct of police officers.
BUCKLEY: There has been a lot of concern about how the community will react to this if it's an unpopular verdict. Do you believe -- you are one man -- do you believe this is an unpopular verdict, and, if so, what will happen?
UNIDENTIFIED MALE: I'm going to give it like a medium popular. I mean, for me, it's like if you do the crime, you know, you do the time and I just -- I don't believe anybody is going to go too crazy about the verdict.
BUCKLEY: OK. Thank you very much. That's one man's opinion.
Let's move here and get one lady's opinion, if you don't mind. Ma'am, what is your name?
UNIDENTIFIED FEMALE: Mary Thompson (ph).
BUCKLEY: And what did you think of the verdict? UNIDENTIFIED FEMALE: I felt like I told the other lady. I think, you know, it was, like, a racial thing. And I didn't think it was going just like it like it came. And then I don't think he had a (UNINTELLIGIBLE) but, hey, it's in God's hands. He'll take care of it.
BUCKLEY: OK. Thank you very much.
Let's move over here and talk to Mr. Treadwell (ph), with whom we stalked to before. And, well, you've seen the verdict now. What do you think?
UNIDENTIFIED MALE: Well, the second one I'm not surprised. I mean, how do you convict the partner if you can't come to a conclusion on the first? And I don't know, maybe a draw is a good thing. You know, that way nobody wins, nobody loses.
BUCKLEY: It doesn't disturb you? We were talking to one person who was saying that the video seemed clear to him that it was misconduct. Have you seen that home video and what did you think?
UNIDENTIFIED MALE: Well, but I also hear that there was a video camera in the gas station which showed a different point of view and until they release all the evidence, I can't make a decision either way.
BUCKLEY: OK. Thank you very much.
All right. Just some of the opinions here at one restaurant from just a handful of people. As we say, Daryn, this is a community that is prepared for any verdict, popular or unpopular. A lot of effort has gone into making sure the community, whatever the verdict is, has a peaceful reaction to this verdict and now we will see -- Daryn.
KAGAN: All right. Frank Buckley in Inglewood. We will check back with you for more community reaction.
Let's go ahead and bring our legal analyst Jeffrey Toobin Back In.
Jeffrey, very interesting end to this trial. First, the hung jury. Seven in favor of a guilty verdict, five going for not guilty. That's just about as close as you can get to split down the middle without literally splitting down the middle.
TOOBIN: You know, that was a real hung jury. You actually -- that's fairly unusual for hung juries. Usually you get 10-2, 9-3. Seven to five is really a hopeless hung jury and it's completely understandable why the judge did not ask them to go back and keep deliberating.
KAGAN: And then on the other count, I actually think we might want to check in with the guy on the cafe. He had a very good legal point, I thought. It's kind of hard to convict the other officer of filing a false police report when you can't even make a decision on the guilt or innocence of the other police officer. TOOBIN: Absolutely, and that case is now over. I mean, there is nothing more that's going to happen regarding Officer Darvish. Now the interesting question before prosecutors is what did they do? Do they retry Officer Morse? That's one option in a hung jury. Another thing that often happens after a hung jury that a plea bargain is reached on somewhat lesser charges. Obviously that will be considered as well.
It really puts the prosecutor in the hot seat there to decide what to do at this point because now, just when you think the case is over, there are a lot more decisions to have to make.
KAGAN: Well, especially since the prosecutor will have to go back and look what they came up with that convinced 7 people but did not convince 5. What about like in the Rodney King case when it went to federal charges?
TOOBIN: Well, that's possible after the state charges are resolved. But here the state charges are not resolved. The prosecutor is fully within his rights to be able to empanel -- you know, start another trial tomorrow. That obviously doesn't happen that quickly. But in hung juries, many times there are simply retrials.
So in theory, it is possible that the case could move on to federal court. But usually the policy of the federal government is to wait until the state case is completely resolved before any federal intervention is -- takes place.
KAGAN: All right. Thank you so much, Jeffrey Toobin.
Let's go back to the courthouse in Los Angeles. Dan Lothian standing outside for more reaction to the verdict or lack of verdict -- Dan.
LOTHIAN: Daryn, I'm -- standing here with me is Najee Ali, a community activist who has been involved not only in this case, attending every day of the trial, but also being involved in keeping the peace in the community.
First of all, your reaction to the verdicts or the nonverdict in one case today?
NAJEE ALI, COMMUNITY ACTIVIST: I'm outraged and I'm very upset. These officers were both guilty, and they should have been found guilty. So it's a slap in the face. And this is really Rodney King all over again. Here we go again.
LOTHIAN: What do you think was the confusion for some members of the jury that they were not able to see what you saw or what you think you saw on that videotape?
ALI: It shouldn't be any confusion. But I say white America sees things differently than black America. This is Rodney King all over again, where the whole world saw Rodney king beat on tape and Donovan Jackson beat on videotape. Yet once again we see things differently with two different verdicts.
LOTHIAN: Were you surprised, though, that they couldn't even reach a verdict? Because it seemed to me that the pulse of community activists early on throughout this trial was that the prosecution was not really presenting a strong case and that this was a slam dunk for the defense.
ALI: Well, I'm not surprised as far as Bijan Darvish because the prosecution's efforts were weak and they made no effort to really even try this man. So we sat through the last few days wondering why this guy even down here if he's not going to be prosecuted?
LOTHIAN: Where do you go from here as a community activist? There is certainly anger. But what is the next level that you feel in your mind you can receive justice?
ALI: Well, it's not over with. This case is not over with. We want to demand that Steve Cooley retry this Officer Morse. We want to make sure that he is retried by competent prosecutors that he's brought to justice because he beat that kid and was really crazy.
Mitchell Crooks is the only one that was put in jail, the man that shot the videotape. He's a hero. And the criminal was found not guilty by a hung jury.
LOTHIAN: Now, obviously, throughout this anger and these feelings that you have right now, you also want to send a clear message to the community. You've been doing that throughout this trial. And what is that message?
ALI: That -- let not one bottle or brick be thrown. You can be angry. But let's be angry in a controlled manner and make sure that we keep the peace. So we're not going to tear our own neighborhoods up. We're going to get justice, though. We're going to keep fighting.
LOTHIAN: Can we talk to Mitchell Crooks? Mitchell, you shot the videotape. If it wasn't for that videotape, we probably would not be here today. Your thoughts?
MITCHELL CROOKS, SHOT VIDEO OF BEATING: I'm not surprised by the outcome at all. I knew that the prosecution was blowing the case. They didn't ask me to testify. They didn't ask the 20 people on the videotape to testify. They didn't ask the 20 people that Jeremy Morse beat up before this tape came public. So I just knew what the outcome was going to be. I knew by the way that they handled my situation that they were not serious about trying this case.
I'm not surprised at all. I don't regret it. We still brought the issue of police brutality to the public, and it ain't going away. People are going to go out there with their cameras and they're going to film police because it's the most nonviolent way to get your point across.
LOTHIAN: I'm wondering, when you caught what you got on videotape, did you think that once this went to trial with that videotape, that it would pretty much be a slam dunk case? That it was on videotape, so there was only one way that people could judge it.
CROOKS: I knew that the public knew. I knew that the media knew. I knew that people all around knew and they saw that videotape worldwide. So I know that they all could see for themselves what he did.
The boy was in handcuffs. He was in handcuffs and he was subdued already and he was not resisting arrest. And, I mean, I'm not surprised. I'm just not surprised. I knew the outcome.
LOTHIAN: Najee, once again, there's a lot of media presence here. We see a lot of security. Police are circling around in helicopters.
But I know, more than anything else, and you've mentioned this before, that you want everyone to contain whatever anger that they have. What would be your message to people, not only in the Inglewood community, but in other communities around here who might be upset, what they perceive to be injustice in these verdicts?
ALI: Well, they have a right to be upset and they should be angry. I'm very angry. But I'm going to control my anger and make sure it's not in a destructive manner. We're going to make sure that we stay viligant (sic). We're going to make sure that we demand that Jeremy Morse is reprosecuted for his crime of police brutality.
LOTHIAN: Thank you very much for talking with us. Back to you.
KAGAN: Dan Lothian in Los Angeles, thank you for that.
Now it's your turn to weigh in on the story. Our "Web Question of the Day" is this -- "Do you agree with the verdict or the lack of verdict, how it all ended in the Inglewood police beating case?" We're going to have the results later in this broadcast. A very unusual ending to this trial. Just go to cnn.com/wolf to vote.
And while you're there, we'd like to hear from you. You can send us our comments and we just might read some of them at the end of this program. That's also, of course, where you can read our daily online column, cnn.com/wolf.
The Pentagon blasted for a plan that is called both immoral is unbelievably stupid. Find out what's happening now to the futures market on terror.
Also, the news media get a stern warning in the Kobe Bryant case. Find out why the judge is threatening sanctions at this point.
And it's the elephant versus the tourist. Find out who won this safari showdown.
(COMMERCIAL BREAK)
KAGAN: Welcome back to CNN. Let's take a look at the latest headlines.
(NEWS BREAK)
(COMMERCIAL BREAK)
KAGAN: We'll get those Web results in just a minute.
First, boxer Mike Tyson says he acted in self-defense during a New York hotel brawl that took place in June. Prosecutors argue though, that a security video of the fight tails different story. Our Jason Bellini reports.
JASON BELLINI, CNN CORRESPONDENT (voice-over): About 5:00 a.m. June 21 at a Brooklyn hotel, two men and a woman ask Mike Tyson for an autograph, and he refused. Tyson's lawyer claims the men were drunk and threatened him by saying they had guns and that Tyson thought one was reaching for something in his belt.
The men's lawyer denied that, saying Tyson lost control, and they all were arrested. Part of the incident was caught on the hotel security camera. If you watch the lower right-hand corner of the screen, you see Samuel Valez in white pants, and Tyson hit him. All you see is the follow-through of the first right-hand punch received by Valez, who immediately goes down.
Next, Valez's wife steps in to try to help him get up. Tyson pushes her into the (UNINTELLIGIBLE). She comes back and tries to hold her husband up. Tyson then goes off screen for about 30 seconds. As soon as Valez is up again, Tyson re-enters the picture, hits Valez with a left-right punch. Valez again goes down. Next, you see Tyson cross the lobby, jump over the reception desk and chase Nestor Alvarez Ramos.
The rest of the incident happens off camera. The criminal cases against all three men are pending.
(END VIDEOTAPE)
KAGAN: Well, joining us now from New York with his take on all this, Earl Brown, he is the attorney for the two men that Tyson was fighting with. Earl, thanks for being with us.
EARL BROWN, ATTORNEY: Thank you for having me.
KAGAN: Do you think that that videotape help or hurts your clients?
BROWN: Well, I certainly believe it helps my clients, frankly. The charges against my clients are menacing, and part of the claim by the people is that my clients actually started this entire situation.
KAGAN: Well, just to be clear, we should say the charges are menacing and disorderly conduct, so people understand that. Is it true or not true that your clients did start this by saying to Mike Tyson, "you've got fists, we've got guns," and then motioned to their waistbands?
BROWN: Again, that's certainly untrue, and with regard to discussing the particulars of the pending case, obviously I can't go very far into that, but suffice it to say that I think the video itself reveals that at the very least, Mr. Tyson and my clients were arguing, engaging in some type of conversation, and Mr. Tyson becomes animated, and the rest follows.
KAGAN: Once this is all wrapped up on the criminal side, do you intend to file a civil suit against Mike Tyson? Are dollars behind this?
BROWN: Well, we certainly aren't going to avoid that opportunity as it presents itself later on down the line. But we want to address the criminal issues presently.
KAGAN: All right. So you see a lawsuit against Mike Tyson to be an opportunity?
BROWN: Well, opportunity in the sense of my clients have a right to pursue that route. But, again, they are more focused on the criminal issue right now. They want to address that with all of their intentions.
KAGAN: All right, Earl, thank you for joining us. Let's get the other side of the story now, and for that, we have Mike Tyson's attorney, Mel Sachs.
Mel, I'll start with the same question that I started with Earl. Do you think the tape helps or hurts Mike Tyson in this case?
MEL SACHS, TYSON'S ATTORNEY: The tape certainly shows that Mike Tyson did everything properly, and everything that he did is recognized by the law. He was justified in his conduct. He was acting in self-defense. He was provoked by these two men, who were intoxicated. Heated words were exchanged, and he was told that "you have fists, we have guns." There are witnesses who heard and saw what had happened. Mike Tyson is innocent. The charges against him will be dismissed.
KAGAN: Now, let's just be clear about this...
SACHS: So on that and on law...
KAGAN: Let me just ask one question. The tape doesn't have any sound on it. So from the tape we don't know what was said. The tape just shows pictures kind of in a halting, delayed manner.
SACHS: Yes, that's true. What we have are witnesses hearing what exactly was said. And what was said was justification for Mike Tyson's conduct. Also, they reached in their waistbands, he had every reason to believe they were armed with guns, and he did everything to subdue these two men.
This is a -- there are cases in court. There are good cases, bad cases, strong and weak cases. This is a bad, weak case. Mike Tyson acted properly. He did everything in accordance with the law, and the case against him will be dismissed in its entirety. KAGAN: I think it's kind of interesting that both attorneys on either side of this think that the tape actually helps each one of their clients. How is that?
SACHS: Well, this tape certainly helps Mike Tyson, because if you look at it, you see that all he did was subdue each one of them. He doesn't do anything excessive. He doesn't hit anybody when they are down at all, and Mike Tyson has the ability to (UNINTELLIGIBLE)...
KAGAN: But he leaves -- now, he leaves and he goes off camera for about 30 seconds and he comes back. If he didn't really mean anything malicious, why didn't he just leave the scene?
SACHS: He doesn't have any duty to leave the scene. He doesn't have to retreat. When he's being told that we have guns, he has every reason to act in the way he acted. Not only that, he acted with discipline and restraint. Frankly, he should be commended in the way he acted on those early morning hours when these two intoxicated men came over to him, provoked him and caused this problem. He has a right to be (UNINTELLIGIBLE).
KAGAN: It clearly sounds like you are saying that your client, Mike Tyson, is getting a raw deal here.
SACHS: He certainly is. There's no basis for him to be...
(CROSSTALK)
KAGAN: And if this was one isolated incident, Mel, I think you might have some more sympathy. But, come on, it's Mike Tyson. It seems like every other month we're hearing about some kind of conflict that he had, whether it's somebody with a car accident or a fight like this. Does not a history of incidents like this not work out that well for your client when he's trying to make the argument that he's being provoked?
SACHS: See, what we have to do is look at the facts and circumstances here, instead of extracting things out of context, magnifying them out of proportion. We have to recognize the fact that here he was, wanting to be left alone. He never had any problems with people in public. He's normal with...
KAGAN: He's never had any problem with people in public? He's Mike Tyson!
SACHS: People coming up to him, asking him for an autograph, wanting to shake his hand. He's had other problems, but nothing like this. This is aberrational. This was an isolated incident, and this tape, the witnesses prove overwhelmingly that he didn't do anything improper and he was justified in his conduct.
KAGAN: And it's your intention to see that the charges are dropped. But you heard Earl Brown talking, there will be a civil suit that follows it. I thought it was interesting the language that he used, "we won't pass up this opportunity." Mike Tyson, he must realize that he is a target for things like this. SACHS: You know, there's an endemic problem with professional athletes. I just represented David Wells, the pitcher on the New York Yankees. He was in a restaurant in the early morning hours where he also was provoked and he was attacked...
KAGAN: Mel, I'm sorry. I just have to interrupt you just because we have to go back to Los Angeles. No fault of yours, but this is a lawyer for Donovan Jackson, this is the teenager, the 16- year-old at the time that was being arrested by the two officers. Let's listen to her, what she has to say.
All right. Well, it looks like we just missed it. If you missed it, the top of the newscast there, these verdicts against one police officer, against Jeremy Morse, it was a hung jury, seven in favor of a guilty verdict, five not guilty. So he escaped that charge for right now. The other officer, Bijan Darvish, was found not guilty on the charge of filing a false police report.
Let's go back -- we actually have that attorney for Donovan Jackson. We have her on tape. Let's go ahead and listen to what she had to say just a few minutes ago.
(BEGIN VIDEOTAPE)
CAMRYN STEWART, ALLEGED VICTIM'S ATTORNEY: We do think this case should definitely be retried, and we will look forward to that on September 29. We are hopeful that this next time around, that justice will be served. And we in the meantime will proceed vigorously with a civil lawsuit. Bijan Darvish and Jeremy Morse will be deposed in a civil case, and they will testify at trial in that case.
Thank you very much.
(END VIDEOTAPE)
KAGAN: That was the attorney for then 16-year-old Donovan Jackson. He was the young man who was being arrested for resisting arrest back in July of 2002. That arrest was videotaped, and that's what led to the trial and the verdict today. As you heard that attorney say, she does plan to file a civil suit on behalf of Donovan Jackson, and she intends to have the former officer, Jeremy Morse, have to testify and to give a deposition during that civil lawsuit.
More on that story just ahead. Our apologies to Mel Sachs for having to cut him off there, but thanks to him and also to Earl Brown for the discussion of the case against Mike Tyson.
We did mean to bring you a story on U.S. prisoners of war in the first Persian Gulf War. Unfortunately because of the breaking news we've had with the verdict out of Los Angeles, we were unable today to bring you that story. But it will run today on "CNN'S HEADLINE NEWS," and that's coming up at 6:10 p.m. Eastern.
Now, here's how you're weighing in on our Web question of the day. Remember, we've been asking you this about the verdict in the Inglewood police beating case -- what did you think of that? Well, 22 percent of you said, yes, you do agree with how the verdict or lack of verdict worked out, but 78 percent said no. You can find the exact vote tally and continue to vote, by the way, on our Web site, cnn.com/wolf. As always, it's the time of day where we remind you it's not a scientific poll, just a place to express an opinion.
A reminder, you can always watch WOLF BLITZER REPORTS weekdays this time, 5:00 Eastern. I'll be here again for Wolf tomorrow. Until then, thanks for joining us. "LOU DOBBS TONIGHT" begins right now.
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