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New Day

Targeting An American Terrorist?; Shirley Temple Black Dies; Will The Shooter Take The Stand?

Aired February 11, 2014 - 07:30   ET

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

UNIDENTIFIED MALE: I think the courts are going ask if they finally take up this issue, well, if you have months to make this determination, why isn't there more due process given to the individual, to the American citizen.

CHRIS CUOMO, CNN ANCHOR: Look, you know, those who want to do the research can see that you are one of the early litigants on this issue as attorney general. A lot of those decisions went against you from the Supreme Court. So this is a debated area between government and the courts, one that we're going to have to keep developing and understanding about, Judge.

Because it seems like, as you say, it will become a larger part of our political practice. So thank you for the perspective this morning. And again, for you, if you're interested in this topic and I don't see why wouldn't be, it's an easy Google search. You can search for Judge Gonzalez and you'll understand his history here on the issue as it frames up. Because Kate, this is something we're going to deal with more, not less.

KATE BOLDUAN, CNN ANCHOR: You're absolutely right, Chris. Let's take another break.

Coming up next on NEW DAY, new autopsy photos and medical examinations revealed in what's being known as the loud music murder trial, but will the evidence help or hurt Michael Dunn as he argues that he shot an unarmed teen in self defense?

(COMMERCIAL BREAK)

MICHAELA PEREIRA, CNN ANCHOR: Welcome back to NEW DAY. Let's take a look at your headlines at half past the hour. America's little darling, Shirley Temple Black has died. She was perhaps the biggest child star ever. Shirley Temple rose to fame back in the 1930s in movies like "Curly Top" and "Bright Eyes" where she first performed her signature song "On The Good Chip Lolly Pop." She later served as U.S. ambassador to both Ghana and Czechoslovakia. She said among her greatest achievements was being a mother, grandmother and great grandmother. Shirley Temple Black was 85.

Hoping for the best and bracing for the worst. A snow and ice storm could be even worse than the one that paralyzed the city of Atlanta just two weeks ago. Deep South is now preparing for the deep freeze. More than 900 flights already canceled today because of the weather. States of emergency have been declared in Georgia, Alabama and Mississippi.

Small businesses are getting a reprieve from Obamacare's employer mandate. The administration announcing that companies with fewer than a hundred workers will get a one-year break and now have until 2016 to start providing coverage. The mandate deadline was already pushed back for all businesses until 2015.

Developing this morning, officials are trying to figure out what exactly caused an explosion at a New Hampshire plant that shook walls and shattered windows. Fifteen people were taken to the hospital. All indications are the explosion was an accident. The plant manufactures high tech parts for the aerospace industry.

Well, it would appear the ice age has arrived in one Chicago neighborhood. Look at this. Near zero temperatures and a burst water main more than a week ago has turned at least one street and the car parked there into a frozen mess. No matter hard they try, even using ice picks and axes frustrated drivers just can't free their cars.

I saw some people trying to get their cars out of New York parking spots. This one is frozen, not for the faint of heart -- Chris.

CUOMO: It's tough, Mich. Some of the conditions are so bad they should probably leave the cars where they are as long as they possibly can.

All right, let's move on now, closing arguments could come as early as today in the so-called loud music murder trial. Michael Dunn is charged with killing a 17-year-old after a dispute over loud music playing in the kid's car. The big question, will he take the stand today. So far, the defense has done little to prove self defense basically limiting evidence to family and friends defending Dunn's character.

So we have CNN legal analyst Sunny Hostin on the ground down there, a former federal prosecution. She's been in the courtroom in Jacksonville, understands the situation. Sunny, thank you for joining us. First important question --

SUNNY HOSTIN, CNN LEGAL ANALYST: Good morning.

CUOMO: I have been doing my analysis this week on the basis of the interrogation tapes and the letters that Dunn has written on this, what of that information is before this jury?

HOSTIN: Absolutely none of that information is before this jury, Chris. And I think that was a tactical piece, sort of a tactic done by the prosecution because they've learned from the Zimmerman case. In the Zimmerman case, George Zimmerman did not have to testify on his own behalf because all of that information had been put forth before the jury by the prosecution.

So this time, they didn't make that crucial mistake. If Michael Dunn wants to claim self defense, if the jury is to instructed on self- defense, he has got to take the witness stand. And I think that is going to happen today. Let me tell you this, Chris. I stayed in the courtroom after the crowds had left yesterday when the attorneys and the judge were going over jury instruction.

The defense asked to go over the self-defense jury instruction. Angela Corey, the prosecutor stood up and said he doesn't get this instruction just based on his opening statement. And so everyone recognizes in the courtroom that there will be no self defense claim unless Michael Dunn gets on the witness stand.

CUOMO: Great stuff. Let's unpack it a little bit for you at home. Remember, Angela Corey, Sunny just mentioned her name that's the prosecutor from the George Zimmerman case. When Sunny is saying prosecutors learned from the last time, also remember very unusual for prosecutors to not want interrogation tapes to come into a trial. They are usually very helpful to them about what you said before certainly in this case.

So it's a big gamble for them betting that they're going to have to force Dunn to take the stand. Now, of course, he doesn't have to, but the last point you made, Sunny, you do not get the benefit of self defense if you do not put on evidence of self defense. They have not done that yet. Theoretically, Dunn is the only one that could do it. So if he takes the stand, what does he need to do to beat this case?

HOSTIN: He really has to explain to this jury that he was in reasonable fear of imminent danger or even death. We know that during the interrogation tape. He said that he felt that he saw either the barrel of a shotgun or some sort of stick, some sort of bat. Fearing for his life, he then got out of the car and shot into the car, we know now, about ten times, three of those bullets striking Jordan Davis.

I will tell you though, Chris, even if he says that, on cross- examination there are reams of information for cross-examination. We're talking about letters that he wrote from jail that have sort of racist overtones. We also know he made hundreds of phone calls from jail. I think on cross-examination, this is going to be very, very difficult for Michael Dunn. But again, if he wants self defense, he's got to get on the witness stand.

CUOMO: And remember Sunny said earlier, wait, that stuff didn't get in so why would he have to worry about it because the prosecutors can use him on cross-examination to prove prior inconsistent statements. If they asked him something, how do you feel about rap music, do you not like it? He says, no, I love rap music, they can say no, that's not what you said earlier.

That's not what you said in this letter. So that's why it becomes important. All right, so then a couple bad facts that I want you to measure for us before I let you go, Sunny. He says I was reasonably afraid that this man was going to try to kill me. Didn't they put on evidence from a forensic expert who says they believe the victim was leaning away inside the car as opposed to showing some sign of exiting to come toward Michael Dunn. Is that true, and if so, how big?

HOSTIN: Yes, you know, the medical examiner did a pretty good job on the witness stand explaining the entry and the exit wounds. She indicated even with her own body that he would have been sort of leaning away. She also did say it would be difficult to really tell with complete accuracy what his position was in the car.

But I will tell you this, one of the most difficult points for the defense is that after shooting, he gets into the car, drives away to his hotel room, has pizza, has a drink rum and Coke, watches a movie and goes to sleep.

Never call 911. I actually think that's even a worse fact than this other fact about the body positioning. I hear today they're going to call what's called an acute stress reaction expert to explain away that kind of behavior. I've never heard that kind of expert, Chris, but I guess I'm going to hear from him today and we are all going to hear from him today.

CUOMO: Yes, there's a high potential factor when it comes to this expert whether the jury's going to believe it or not. It's something you have to take into consideration. Doesn't mean it's going to be that compelling to the jury. This behavior goes to common sense more than it goes to forensics.

Sunny, thank you very much. More people monitoring this trial, no question it's a big one. It keeps getting compared to George Zimmerman. The defense had such a stronger case with George Zimmerman than they do with Michael Dunn. It exceeds any kind of comparison. That was a totally different case to this one.

BOLDUAN: Big day today for that trial that's for sure. So let's take another break.

Coming up next on NEW DAY, more on the death of the incredible Shirley Temple. We'll look back at her life and her impact on film. That's going to be coming up next.

Plus, a new group of dogs making waves at this year's dog show so, how some mutts are finally getting their due.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY. Of course, we continue to follow the breaking news this morning. Shirley Temple Black has passed away at the age of 85. She was an iconic child movie star, America's sweetheart back in the 1930s. As an adult she devoted her life to a much different job, much different career, public service, including diplomatic posts as a U.S. ambassador.

Christopher John Farley, editor of the "Wall Street's Journal's" Speak Easy Blog is joining us now to talk more about why she is such an icon. It goes beyond her career, kind of speaks to what she represented during the time she was such a star, right?

CHRISTOPHER JOHN FARLEY, EDITOR, "WALL STREET JOURNAL'S" SPEAK EASY BLOG: You know, I mean, she obviously became a huge star during the great depression. She was a beautiful distraction from all the things that were happening, these long lines for jobs, for food. Franklin Roosevelt himself said she was an inspiration to people during a time people were going through tough times. She lifted people up so far at a time when they needed lifting up. PEREIRA: You know, it's interesting because that was such a brief period of time. When she looks back on her whole life, she counts other things as her greatest victories, being a mother, a grandmother, her time in the diplomatic community. It must be such a surreal thing for somebody to look back and know this is how they will be remembered.

FARLEY: She proved you can have a second act in movies. She was a great child star. It came to an end. They began to bind her breasts because they didn't want to show people she was a little girl anymore. She has a career as a diplomat, as a Republican fundraiser. She goes from a child star to something that was more serious, being part of the end of the cold war, a very big weighted issues and being someone as a player on the global stage.

CUOMO: When you compare her to the pressure that's on celebrities today, you can make an easy case that she is the best ever. And here's why. The metaphor value of what she represented, at the country's darkest hour -- what was put on her and that she not only survived it, but she thrived. We see so many of them fail with the pressure of success on them these days. She lived on. She led a full life. I don't know that we've ever seen her equal at that age. Any way you want to look at it, she was the best.

FARLEY: She also impacted her on-screen relationships. Here she was in the mid '30s appearing on screen. It was a time when people weren't used to seeing interracial couples on screen. It did lay the groundwork for doing that more and more in Hollywood. She helped create this whole industry of innocence I think. That's what I like to call it. On the Disney Channel, every few months there's any star. They seem to be getting into trouble. She managed to avoid that. She showed you can do something different with your years after you are done with being innocent.

BOLDUAN: You have to assume that she was aware of it, but do you have indication that she was aware of her impact at such a young age?

FARLEY: She was very aware. She tells a story that when she was 6, she stopped believing in Santa Claus because the department store Santa asked her for her autograph. You have an awareness of who you are and you become much more mature very quickly.

PEREIRA: And still getting bags of fan mail well into her 70s and 80s.

CUOMO: They're still the Shirley Temple the best thing that happened to Grena Deen.

BOLDUAN: Agreed.

CUOMO: You want to see what a kid can do at a young age. This is as good as it gets.

FARLEY: Ranked her the 25 greatest actresses ever in Hollywood, she's ranked against adult actresses. She ranked among the greats, compared to the greats. BOLDUAN: Passing away at 85 years old after a very long life and many acts in her career. Look at that adorable face. Shirley Bemple- Black, 85 years old. Christopher, it's great to see you as always.

FARLEY: Thank you.

BOLDUAN: Thanks so much.

CUOMO: All right, we're going to take a break on NEW DAY. When we come back, we'll play a theme on television. We did kids, and now we're going to dogs. They're going to pull out the welcome mat for mutts.

PEREIRA: My kind of dog.

CUOMO: That's what I'm talking about.

(COMMERCIAL BREAK)

PEREIRA: You've got our respect. Welcome back for the first time in more than a hundred years, mutts, I say that with all respect, competing at the Westminster Kennel Club Dog Show. They may not be eligible for best in show, but they're making their mark. Here's CNN's Jeannie Moos.

(BEGIN VIDEOTAPE)

JEANNIE MOOS, CNN NATIONAL CORRESPONDENT (voice-over): Finally mutts are back at Westminster. At least they're allowed in Westminster's new agility competition that takes place before the main event. But how do you separate the purebreds from the mutts?

UNIDENTIFIED FEMALE: Mutt or no mutt?

UNIDENTIFIED FEMALE: Neither is a mutt.

UNIDENTIFIED FEMALE: Mutt or no mutt?

UNIDENTIFIED MALE: She is an Australian shepherd.

UNIDENTIFIED FEMALE: Mutt or no mutt?

UNIDENTIFIED FEMALE: This is a --

MOOS: A question was enough to offend a purebred border collie. Out of 225 competing on the course, only 15 were mutts. Meet Sadie from Connecticut.

UNIDENTIFIED FEMALE: She's thrilled.

MOOS: Some of the mutts accidentally went around jumps or seemed to be slow running the weave poles compared to purebreds. Even the purebreds messed up. This one had to do a do over. The poles proved distracting. The purebred border collie, husky mix named Rue won for highest scoring mixed breed. They don't use the word mutt around here. (on camera): Does woody have anything against mutts?

UNIDENTIFIED FEMALE: No, not at all.

MOOS (voice-over): The purebreds competing without mutts for best in show were blissfully unaware of warfare. Pitta accuses Westminster of a master race. Don't tell that to the masters.

UNIDENTIFIED MALE: I've been kissed by worse.

MOOS: At least mutts don't deal with tongue twisting names.

(on camera): Say it fast five times.

(voice-over): It's enough to make a blood hound cover his ears.

(on camera): What's his wingspan?

UNIDENTIFIED MALE: I'm not sure. He's never been measured.

MOOS (voice-over): His grandfather made the genius book for having the longest years on a dog. Will the mutts have the equivalent of best in show? What about best in mutts?

UNIDENTIFIED FEMALE: No, got to have a standard.

UNIDENTIFIED MALE: I think they better keep it on the view.

MOOS: "The View" a wards the coveted fire hydrant to best in show. Some don't see breeds. They don't see anything. They hold invisible dogs as they practice their own run through the agility course. When it comes to best announcer, we're putting money on Woody.

UNIDENTIFIED FEMALE: Yes. Yes.

MOOS: Jeannie Moos, CNN, New York.

(END VIDEOTAPE)

BOLDUAN: Such an amazing movie, one of my favorite of all time.

PEREIRA: I'm up for the mutts. That's genius.

CUOMO: I like the wingspan.

BOLDUAN: A 14 inch ear? That's crazy.

CUOMO: Coming up on NEW DAY, concerns in Sochi over the half pipe. Athletes have said the course is dangerous. Has enough been done to make sure it's safe for competition? Flying tomato is going for three on the gold. We'll tell you about it.

(COMMERCIAL BREAK)