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Jury Reconvenes for Arias Death Penalty Phase; Controversies Not Hurting Obama Ratings; Morehouse College Commencement Shows Turnarounds for Students; New England Patriots Gives Newtown Kids Day to Remember; Cleveland Officers Emotional After Rescue.

Aired May 20, 2013 - 13:30   ET

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


WOLF BLITZER, CNN ANCHOR: Thanks to Katy Blakey of our affiliate, KOCO, for that report.

Now back to the Jodi Arias trial and this crucial question, will she get life or death? The jurors deciding her fate get back into a Phoenix courtroom this hour. But we have a little preview of what Arias herself might prefer. In an interview she gave to a local TV station in Phoenix right after being convicted of first-degree murder. She also talked about whether the jury will consider what are called mitigating factors when making their decision. Listen to this.

(BEGIN VIDEO CLIP)

TROY HAYDEN, KSAZ ANCHOR: Do you know what your mitigating factors are going to be and how you're going to play that?

JODI ARIAS, CONVICTED OF MURDER: Well, I've been told I don't have any mitigating factors.

HAYDEN: By who?

ARIAS: My attorney.

HAYDEN: Kurt Nurmi said to you, there are no mitigating factors for you in terms of arguing against the death penalty?

ARIAS: Nothing that is what you typically see in a case like this.

I said, years ago, that I would rather get death than life and that still is true today. I believe death is the ultimate freedom. So I would rather just have my freedom as soon as I can get it.

(END VIDEO CLIP)

BLITZER: It's a pretty extreme statement. Jodi Arias saying she'd rather die than spend life in prison. Of course, it's not up to her.

Let's talk a bit more about this final phase in the case, the penalty phase.

I'm joined by Paul Callan, a CNN legal analyst. Paul, they've just resumed their deliberations there. It's not often if ever you aren't sure if the defendant will beg for her life or for death. What's your take?

PAUL CALLAN, CNN LEGAL ANALYST: Well, it's highly unprecedented, although we have to think back to Gary Gilmore in 1977. I don't know if you remember that one, Wolf, but he was convicted in Utah of multiple homicides. And he wanted to be killed by the firing squad. And he refused to appeal his cases. He's famous for his last words of, "Let's do it," before the firing squad opened fire on him and killed him. So people have asked for the death penalty in the past.

And I think she's going to get on the witness stand and ask for the death penalty. She said it a year ago. She said it most recently to that affiliate post-conviction. Sounds to me like she's going to ask for the death penalty.

Now, is that because she wants it or because she's manipulating the jury into thinking, well, if that's what she wants, let's give her life because obviously life is a greater punishment to her. Hard to say whether it's an act of manipulation or genuine desire for the death penalty.

BLITZER: She could take the stand, as you point out, make her case. Or she could simply make a statement to the jury and not have to go through cross-examination. What do you think she's going to do?

CALLAN: I think she's going to opt for simply making what we call an allocution to the jury. It's a speech pleading whatever position she may be advocating, either death penalty or mercy. I don't think she wants to subject herself to another one of those grueling cross-examinations by prosecutor, Martinez. So that's how I think this is going to play out.

And what's really interesting is they were in chambers a few minutes ago having a closed door meeting with her and with the defense attorneys. The prosecutor wasn't allowed in. I know from trying murder cases myself as a prosecutor what that means is the defendant and the attorneys are having a fight about something. And the judge has to try to resolve it. And I'm betting the attorneys are saying, judge, she's going to ask for the death penalty and we disagree with that. And we want to be relieved as counsel in the case. There's something like that going on in chambers. I can't say that's precisely it, but it's obviously something serious if the prosecutor was excluded from the in chambers hearing.

BLITZER: It's interesting because do the lawyers automatically have to try to spare her life even when the client says she prefers the death penalty?

CALLAN: Very hard question. Normally, in a case including death penalty cases, an attorney has to follow the basic instructions of the client. And the client in fact can fire the attorney, go pro se, plead her own case. I'm a little surprised she hasn't tried to do that if she's sincere about her efforts for the death penalty. Most lawyers, however, tend to feel, on this one issue, on the death penalty issue, that they're ethically bound to seek life for a client, even a client who seeks death.

We're seeing a pretty bare bones defense here. This thing is going very, very fast. Usually, in the mitigation section, you see lots of witnesses, psychiatrists, psychologists, a detailed examination of their childhood to look for a place to find mercy. And this thing is moving, you know, like a freight train going down the track at high speeds. So it's an unusual death penalty case.

BLITZER: And I take it she's not going to -- her lawyers aren't going to say she was mentally ill and that's why she really didn't know what she was doing. It's too late for that, right?

CALLAN: Well, I think they've already put that on the table with the jury because, I mean, what's unusual about this case is that she was on the witness stand for so long. I happen to think she might have been -- might have been the longest testimony by a defendant in American history, but it's certainly close to, if not the number one. And she told an extensive story. And we heard psychologists testify about her suffering from post-traumatic stress disorder and a variety of other disorders that might have contributed to her committing the crime. The jury rejected that obviously. And I think Jodi Arias understands that, that the jury's not buying into that defense. So they're really scraping to find witnesses to come forward and say she deserves life.

BLITZER: We should know soon enough. And we'll stay on top of it.

Paul, thanks very, very much.

CALLAN: Nice being with you.

BLITZER: Paul Callan, CNN legal analyst.

The top lawyer for Michael Jackson's concert promoter will be the star witness in Los Angeles today.

(BEGIN VIDEO CLIP)

(SINGING)

(END VIDEO CLIP)

BLITZER: Jackson died after this final rehearsal back in June 2009. It's week four of the wrongful death trial. His family is suing AEG Live, the promoter, for billions of dollars. They say the promoter's responsible because it paid the salary of Jackson's doctor. That man, Dr. Conrad Murray, is in prison for manslaughter after giving Jackson Propofol to help him sleep.

Last week was a rough one for President Obama, but with not one but two and three actual controversies. Did he take a hit when it comes to public opinion? Gloria Borger is reviewing our new poll numbers. Standby.

(COMMERCIAL BREAK)

BLITZER: A week spent dealing with one controversy after another has not taken a toll on President Obama's approval rating, at least not so far. Some called it the worst week of the Obama presidency. He was confronted with problems at the IRS and the Justice Department, as well as the fallout from the terrorist attack in Benghazi, Libya. But a brand new CNN/ORC poll shows the president's approval rating holding steady. In fact, it's actually up slightly to 53 percent. The increase within, though, the sampling error. The president's job approval rating was 51 percent in April, 47 percent in March.

Let's bring in our chief political analyst, Gloria Borger.

Is this trend sort of surprising to you, Gloria?

GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: I think it is a little bit surprising, Wolf, particularly giving all the turmoil we've seen at the White House regarding Benghazi and the IRS.

If you dig into the numbers, what you see is this is a president who remains polarizing as he always has been. Overwhelming majorities of Democrats approve of him and overwhelming majorities of Republicans disapprove of him. People also, and this occurred during the campaign, Wolf, they give the president the benefit of the doubt here. They like him. And so that also helps his numbers.

And when you look further into our poll, you'll also find that a majority of Americans do not believe the president himself had anything to do with the targeting of the IRS. And about 50 percent say he did not intend to mislead the public on Benghazi. So there you have the public again giving him the benefit of the doubt.

BLITZER: I assume, Gloria, and I assume you also agree that his popularity is helped by the fact that some of the institutions involved going after him aren't very popular.

BORGER: Yeah, you could say that. He's very, very popular particularly compared to the people who are involved in these controversies. So we went and looked at the popularity of the IRS and of the Republican leaders in Congress. That speaks for itself, Wolf. We also looked at the popularity of the Democratic leaders in Congress. And that's not much better. It's at about 35 percent. I was actually surprised the IRS was as high as it is.

But when people watch these things play out, particularly regarding the IRS, they're looking at this story and they don't have anyone to root for, because they don't like anybody who's involved in particular. So the president does well by comparison -- Wolf?

BLITZER: Gloria Borger, I'll see you later in "The Situation Room," 5:00 p.m. eastern.

BORGER: You will.

BLITZER: Thanks very much.

The New England Patriots give hundreds of Newtown, Connecticut, kids a day they will never forget. Our "Bleacher Report," that's next.

(COMMERCIAL BREAK)

BLITZER: In Turkey, a day of hot air ballooning went horribly wrong. People were shocked when they looked up and they saw this. Two hot air balloons collided mid-air and this one was caught on video as it was going down. According to witnesses, one balloon hit the basket of another causing a tear in the fabric. Two Brazilian tourists were killed and 23 other people were hurt. It's a major tourist attraction in Turkey, famous for its volcanic rock formations.

We have an update now on the Boston Marathon bombings. The university of Massachusetts Dartmouth campus, the school where one of the suspects, the younger brother, Dzhokhar Tsarnaev, attended, is setting up a public safety task force. The chancellor says, and I'm quoting, "The terrible events of April 15 will linger and leave sorrow in the hearts of Americans for a long time. Our campus like everyone mourns for those killed and injure while remaining strong and resilient in support of the great city of Boston and this entire commonwealth." The chancellor has asked the task force to complete its work and issue a report in August.

Now, for a story about turning your life around. Genarlow Wilson was 17 when he was charged with sexual molestation for having consensual sex with a 15-year-old girl. He was convicted and served two years of a 10-year sentence before the Georgia Supreme Court ruled his punishment was too harsh. It's been more than five years since he walked out of prison and he's made a complete turnaround, including a major milestone Sunday in Atlanta. He was part of the graduating class at Morehouse College where President Obama gave the commencement address. He says he's not looking back.

(BEGIN VIDEO CLIP)

GENARLOW WILSON, MOREHOUSE COLLEGE GRADUATE: I just look back at myself back then and I just say, you know, I can't believe I exhibited that kind of behavior because I don't condone that behavior. But it's something that happened. And I just had to fight for what I believe was right. I knew there would be some people who may feel like I don't deserve a second chance or an opportunity, but we all make mistakes.

(END VIDEO CLIP)

BLITZER: Wilson is not only a graduate, he's engaged, has a 2- month-old daughter. Congratulations on his college degree.

Newtown, Connecticut, continues to try to heal from the school shootings six months ago. And the New England Patriots are doing what they can to help.

CNN Sports' Andy Scholes has that and more in the "Bleacher Report."

ANDY SCHOLES, CNN SPORTS: Good afternoon, Wolf.

The kids of Newtown, Connecticut, have definitely been through a lot over the last six months. But this weekend, they got the chance to just be kids again and play a little football. Rob Brankowski (ph) along with 30 other members of the Patriots franchise were on hand Saturday at Newtown's high school stadium to hold a football and cheerleading camp. The field was packed from sideline-to-sideline as youngsters got a chance to learn from the pros and play some games as well. Over 500 kids attended the one-day camp.

What do you get a star NFL quarterback for his wedding? If it's Robert Griffin III, apparently, you can go to bed, bad and beyond. RG3 and his fiance are set to tie the knot on July 6th and Redskins fans have been hitting up their online registry, fulfilling all sorts of orders. RG3 tweeted, "Thank you," to the fans. There's a pic of him laying on top of all the empty boxes. Griffin says he didn't tell Redskins Nation about the registry, the fans found it on their own.

This may be the best non-home run catch by a fan all season. At the Cubs-Mets game yesterday a home run heads for the bleachers. This guy goes for the ball while trying to protect his wife. Not only does he not get the ball, his wife pours her beer on his head. In an interview after the game, she said she got mad because he bumped her, causing her to spill beer on herself. So it was only fair that he got beer spilled on him. Doesn't seem fair to me.

That will do it for today's "Bleacher Report."

Wolf, back to you.

BLITZER: Andy, thanks very much. That's what happens at ball games.

These officers were the first on the scene in Cleveland when three women, held captive for years, were rescued. They were overcome with emotion as they describe what it was like to help these women.

(BEGIN VIDEO CLIP)

OFC. ANTHONY ESPADA, CLEVELAND POLICE: It took everything to hold myself together. You know, I have Michele in my arms and then Gina coming out. It was like one bombshell after another.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

BLITZER: There has been an intriguing development in the Jodi Arias trial, the final phase.

Ted Rowlands is in Phoenix on the scene for us.

What just happened, Ted? TED ROWLANDS, CNN CORRESPONDENT: Well, Wolf, we're expecting two witnesses to testify on behalf of Jodi Arias and one of those witnesses, Patricia Womack, says she could not do it because of witness intimidation, saying she felt she was under too much pressure, too many threats against her, so she withdrew. At that point, the defense asked for a new trial. The judge denied that request. Then the defense asked to be removed from the case. The judge, again, denied that request. The defense said we can't give you the full picture if we don't get these witnesses in. The judge denied their request. And at that point, the defense said, all right, well, then we have no witnesses at all for Jodi Arias, we're going to move on. They took a quick break.

It is unclear at this point whether Jodi Arias will address this jury. But at this point, no witnesses will be taking the stand for Jodi Arias. Clearly, they are setting up an appeal in this case. The defense basically throwing their hands up and saying, for -- we quit, we don't -- we're not doing any more here. We can't have our witnesses up here, we're done.

BLITZER: Because I thought, Ted, there were two witnesses that were going to testify on her behalf, an ex-boyfriend and her former friend. The friend apparently now saying she's intimidated, she doesn't want to do it, she's scared. But what about the ex-boyfriend?

ROWLANDS: Darryl Brewer is here, presumably, at the courthouse and ready to testify. But the defense counsel, in the wake of the judge's ruling that they were not given a mistrial, their strategy has been to throw in the towel and say, all right, well, we're not bringing Darryl Brewer in either because we don't feel the full picture is being developed for this jury, for our client, and she is not getting a fair trial. So their strategy here is to basically say, OK, no witnesses, we're not going to put up a defense, we would like to leave the case. The judge has denied the motions. So they are moving ahead, but there will be nobody testifying on Jodi Arias' behalf as this jury of eight men and four women get ready to deliberate whether or not she should live or die.

BLITZER: Let's see what happens next.

All right. Fascinating new development. We'll stay in close touch with you.

Ted, thank you very much.

We'll take a quick break. More news right after this.

(COMMERCIAL BREAK)

BLITZER: You remember the three women who were enslaved in the Cleveland home. Well, the police officers who saved them, they are now speaking. And their stories are very emotional, especially that of one Officer Anthony Espada. Listen to him explain what happened as he entered the home to help rescue two of the victims.

(BEGIN VIDEO CLIP) ESPADA: Something going on in this room. And, you know, I'm looking that way, just waiting to see what's going to happen. And it was Michele. She kind of popped out into the doorway and paused there for a second. Within moments she came charging at me, she jumped on to me, she's like, you saved us, you saved us. I'm holding on to her so tight. And then within a few seconds I see another girl come out of the bedroom. I just look at her. I -- you can immediately tell who it is, just thinner. And, again, I just needed confirmation. And I asked her, what's your name? She said my name is Georgina Dejesus.

(END VIDEO CLIP)

BLITZER: What an emotional moment that was for Anthony Espada. Thank you.

Cleveland Officer Barbara Johnson, by the way, says one of the women jumped into her arms saying, "Please don't let me go," repeatedly.

A massive meteoroid crashed into the surface of the moon. The explosion was so bright it could be seen with the naked eye. Happened back in March, but if you missed it, don't worry, NASA has just released video of it. The meteoroid was about the size of a boulder. It was traveling -- get this -- at 56,000 miles per hour when it slammed the surface of the moon. It ignited into the brightest lunar explosion ever recorded. It was the equivalent of five tons of TNT. According to NASA, the moon's been hit more than 300 times since 2006. That's it for me. Thanks very much for watching. I'll be back, 5:00 p.m. eastern in "The Situation Room."

Ashleigh Banfield picks up our coverage. She's live in Phoenix. She starts right now.