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Community in Relief as Cop Killer Arrested; Standoff Continues in Maine; Hagel Criticizes U.S. Policy on Syria; Suspect in UVA Student Abduction Faces Judge

Aired October 31, 2014 - 09:00   ET

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

CAROL COSTELLO, CNN ANCHOR: Happy Halloween to all of you too. And it's orange and black. You guys are fantastic. Have a good day.

NEWSROOM starts now.

(MUSIC)

COSTELLO: And good morning, I'm Carol Costello. Thank you for joining me. A community in relief as a 48-day nightmare ends and an accused cop killer makes his first court appearance right now in Pennsylvania. Eric Frein, one of the FBI's most wanted, was taken into custody Thursday by U.S. marshals outside of an abandoned airport. Frein was shackled with the very same handcuffs that belonged to the state trooper he's accused of gunning down.

And the symbolism does not end there. Miguel Marquez has more from outside the courthouse.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Carol, despite the drama associated with this search, it ended with a whimper, Eric Matthew Frein arrested out in the open, caught cold. When that team came up on him, he went to his team and gave up.

(BEGIN VIDEOTAPE)

MARQUEZ (voice-over): The manhunt finally over.

UNIDENTIFIED MALE: We have stated that early on we would not rest until his capture was made. Tonight we have made that major step down the path to justice.

MARQUEZ: After nearly seven weeks on the run, suspected cop-killer Eric Matthew Frein now in custody, facing a murder charge.

RAYMOND TOMKIN, PIKE COUNTY DISTRICT ATTORNEY: It is my intention to file notice to seek the death penalty for Eric Frein.

MARQUEZ: The 31-year-old self-taught survivalist was caught hiding in an abandoned airport in the Pocono Mountains. U.S. marshal special operations team was clearing the area near a hanger, spotted Frein walking across the airstrip, and surrounded him. According to law enforcement Frein, caught by surprise, surrendered hands up, identifying himself. He was apprehended unarmed but had two guns and knives in a hideout.

UNIDENTIFIED MALE: If he got out of those woods, we were very concerned that he would then kill other law enforcement, and if not them, civilians.

MARQUEZ: The search for the now captured fugitive began 48 days ago on September 12th, when Frein ambushes the Pennsylvania state police barracks in Blooming Grove, shooting and killing corporal Bryon Dickson and injuring trooper Alex Douglas.

Police investigate numerous possible sightings, discovering personal effects in various hideouts from pipe bombs to cigarettes to supplies, clues to Frein's whereabouts, but under the cover of dense woods, he evades capture. An enormous sense of relief for the community with Frein now behind bars, arrested in the very handcuffs that belonged to the officer he gunned down, and driven back to Blooming Grove in his police cruiser.

COMMISSIONER FRANK NOONAN, PENNSYLVANIA STATE POLICE: All of us in the state police and Governor Corbett just thought if we had that opportunity, that would be a very fitting tribute to Corporal Dickson and a message to all law enforcement we would never rest until this fugitive was apprehended.

(END VIDEOTAPE)

MARQUEZ (on camera): One of the weapons that they recovered in the stash inside that hangar after arresting Frein was a sniper rifle. And authorities tell us that that sniper rifle is consistent with the casings and the bullets they found at other locations where Frein operated, and they say they have a very, very strong case against him. Carol?

COSTELLO: All right, Miguel Marquez i's going to go into the courthouse, but just moments ago we got, in this video, this is what they call the perp walk. This is the accused walking into the courthouse in Blooming Grove, Pennsylvania.

(CHEERS AND APPLAUSE)

UNIDENTIFIED MALE: Yes! It's over! You wouldn't make it in the military! (WHISTLING)

COSTELLO: All right, you heard bystanders there calling him a coward and poking fun at him and most people would probably think that's very well-deserved. There ou can hear the crowd.

And it's interesting, I want to bring in CNN law enforcement analyst Tom Fuentes and CNN analyst Paul Callan. And, Tom, it's interesting. Police did that perp walk way out in the public for everyone to see. I'm sure they had a reason to are that.

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Sure, Carol, they wanted to put the public at ease and show them that it really was for real, that he was in custody and no longer a danger to the community. COSTELLO: Tom, it's also interesting Frein spent weeks taunting

police while in hiding and police chose to handcuff him with the officer's handcuffs that he's accused of killing. And they put him into the cruiser that belonged to the trooper he's accused of killing. Why did they do that?

FUENTES: Well, I think just for the symbolism of it, and to show -- pay homage to the deceased Officer Dickson. But it also tells me that the Marshal Special Operations tactical team, which is an outstanding unit, that made the arrest, it tells me that they had him surrounded. They had already had him in pocket, as we say, for a period of time, enabling them to deliver the handcuffs and that squad car to the scene of the arrest.

So they had him, they knew they had him. I'm sure they were waiting for him to be walking around without his gun so they could capture him without incident.

COSTELLO: And that indeed they did. Paul, what will happen inside the courthouse today?

PAUL CALLAN, CNN LEGAL ANALYST: Well, usually these arraignments are fairly quick at this point in time. He'll appear in front of a judge. There will be maybe some pro forma discussion about bail and discovery in the case. But of course there will be no bail; it's a murder case. And then it will be put over till another date. So I don't think you'll see a lot happening in the courtroom.

COSTELLO: Prosecutors say they'll ask for the death penalty. How would you defend a suspect like this, Paul?

CALLAN: Well, I was looking into Pennsylvania's laws and the death penalty. It was reinstated in Pennsylvania in 1976; only three people have been put to death by lethal injection in Pennsylvania since '76. although overall Pennsylvania has executed -- they're the third highest level of executions in the United States. So they have had a lot in the past.

When you kill a cop, this is classic death penalty case. And frankly, the only defense here would be I think an insanity defense and I think he'd have a hard time with it because he did so much planning and meticulous planning and hiding. It's hard to say that he could be viewed as insane under the law. So I think it's a real uphill battle.

What amazes me about the case is that he wasn't killed by the police. You know, you almost always in a case like this, where an officer has been killed and another seriously injured, and he taunted the police, I thought for sure that he'd be shot. So remarkable restraint and professionalism by Pennsylvania police in this case

COSTELLO: Absolutely. And, Tom, a last question for you, this guy just dropped to his knees and gave up. He truly is a coward.

FUENTES: Yes, he was a coward, he was a wannabe soldier that wasn't a real soldier. You see the video of him with his "Top Gun" sunglasses hanging off his shirt. I mean, he's not a real survivalist. He's not military trained. He read books about it. He was a wannabe. And, frankly, when the weather got cold and the food ran out, it was time to find shelter, find food, and we knew it was going to lead to his capture very soon as winter approached.

COSTELLO: All right, Tom Fuentes, Paul Callan, thanks for your insight. I appreciate it as always.

We're also expecting to hear from the district attorney later this hour. Of course we'll bring that to you when he steps up to the microphones.

Also just in to CNN, a hearing just wrapped up for Jesse Matthew. He's the suspect in the abduction of University of Virginia student Hannah Graham. But this hearing at the Fairfax Virginia courthouse is for a separate case, a 2005 sexual assault of another woman. Matthew was arraigned. He made no plea. CNN's Brian Todd will have a live report from outside the courthouse in just about 20 minutes.

Now to the tense standoff between Kaci Hickox and the State of Maine that's left a whole community on edge. Despite a defiant bike ride and a refusal to follow a 21-day Ebola quarantine, health officials say they still have not reached common ground. This morning, Maine's governor is slamming Hickox's actions and threatening to exercise his full power to make sure she stays put.

(BEGIN VIDEO CLIP)

GOV. PAUL LEPAGE, (R) MAINE: We're trying to protect her but she's not acting as smart as she probably should.

(END VIDEO CLIP)

COSTELLO: All right let's bring in CNN's Jean Casarez. She's in Fort Kent, Maine, this morning, outside of the home where Hickox is staying. Tell us more, Jean.

JEAN CASAREZ, CNN CORRESPONDENT: Well, there's a lot going on today, right, already here at this house. First of all, the police chief of Fort Kent, Maine, just moments ago came up to the house, went into the home, and so I called him and I asked him, why did you go to the house? and he said we've got a communication going and I really -- I wanted to see how they were today. He really cares. The police chief of Fort Kent cares about this couple behind me.

Now, also, a girl just left a bag at the front door, maybe food in it or something. They haven't gotten it. Nobody knows. Maybe the most important thing we heard today, and I don't know how to take this. You can take this a lot of ways. But Kaci's boyfriend, when asked what are you going to do today? His response? Nothing.

(AUDIO GAP)

(BEGIN VIDEOTAPE)

CASAREZ (voice-over): -- a bike ride making headlines around the country. KACI HICKOX, QUARANTINE NURSE: I'm not afraid.

CASAREZ: Fareless nurse Kaci Hickox defying authorities ebola quarantine putting some in a rural maine community on edge.

CASAREZ: Fearless nurse Kaci Hickox defying authorities Ebola quarantine, putting some in a rural Maine community on edge.

UNIDENTIFIED FEMALE: It's just fear.

UNIDENTIFIED FEMALE: It scares me.

UNIDENTIFIED FEMALE: I don't want to bring it home.

JIM MAJKA, NEIGHBOR OF KACI HICKOX: Until 21 days go by she's not absolutely positive so that mean no one else is.

CASAREZ: Hickox doesn't complete the 21-day isolation until November 10th. In fact is has only been a week since the nurse returned from treating Ebola-stricken patients in Sierra Leone.

UNIDENTIFIED MALE: The state police have their marching orders.

CASAREZ: The governor of Maine, Paul LePage says he is going to use the fullest extent of the law if she gets too close to the public.

LEPAGE: I don't want her within three feet of anybody.

CASAREZ: But LePage also wants to keep Hickox herself safe, ordering a police escort to keep guard 24-7.

LEPAGE: Tempers get flaring or people get scared. The last thing I want is for her to get hurt.

CASAREZ: Hickox says she has done nothing wrong, and her boyfriend says they rode in the opposite direction from the town and she hasn't even stepped foot inside a store. In fact, the pair ate in. Pizza was delivered to them.

TED WILBUR, BOYFRIEND OF KACI HICKOX: We are not trying to put anyone at risk. We're not trying to push any limits here.

CASAREZ: Maine is now one of nine states with quarantine measures beyond CDC guidelines. Whether or not stricter quarantine laws are the right move may impact midterm elections only a week away as several of the state's governors are running for reelection.

(END VIDEOTAPE)

CASAREZ (on camera): And that includes Governor LePage right here in Maine. He's in a highly contested re-election effort, but at the same note says he intends to exercise the fullest authority he can under the state law, under the public health law, as the governor of this state in this case.

Carol, let's see what happens. COSTELLO: All right, we certainly will and you'll keep us posted.

Jean Casarez reporting live from Fort Kent, Maine, this morning.

Still to come in the NEWSROOM, Defense Secretary Chuck Hagel blasting U.S. policy on Syria. The Pentagon chief sends a blunt memo to the White House. CNN's Michelle Kosinski is on that story this morning.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Right, this is another unpleasant leak coming from the top tiers of this administration, raising questions about what's really going on, on the inside. We'll have the latest coming up.

(COMMERCIAL BREAK)

COSTELLO: Defense Secretary Chuck Hagel, the man who leads the Pentagon, is blasting the U.S. strategy in Syria. As you know, the U.S. is bombing ISIS targets there without targeting Syria's President Bashar al Assad. Hagel argues Assad's continued presence could sink U.S. strategy.

Hagel wrote all of that in what's being described as a highly private and very blunt memo to the national security adviser Susan Rice.

CNN's Michelle Kosinski at the White House to tell us more. Good morning.

KOSINSKI: Hi, Carol.

Right. So, he has acknowledged writing this private two-page memo to national security adviser Susan Rice, a letter described by a senior official as very blunt and critical of U.S. strategy in Syria overall, stressing the need for more clarity on what to do about the Assad regime, questions surrounding which have come up before many times. You know, because the U.S. is fighting ISIS, and ISIS is fighting the Assad regime.

So, Hagel, when asked about this letter says look, Syria is complicated. The team is constantly assessing, reassessing and adapting its strategy there, and he said it's part of his job to speak honestly and directly.

We know, of course, that President Obama has faced deep differences of opinion within the administration on Syria in the past, look at this letter and the fact that it leaked out, and this is the second unpleasant leak we've seen at the top tiers of this administration in a week's time. Hagel said, you know, it's not so much there's this big disagreement. It's just that we're looking at things. We're assessing them.

It's raised questions, though, speculation about whether the team is really gelling or things are working on the inside, might there be a staffing change coming up, but by now, we've heard from Secretary of State Kerry, the spokesperson for the Pentagon, the White House spokesman who faced questions about this letter and what Hagel said.

Secretary of State Kerry, for example, calls it gossip, the speculation surrounding this, and he said that the national security team is working extremely efficiently -- Carol.

COSTELLO: All right. Michelle Kosinski reporting live from the White House -- thank you.

Earlier this morning, the White House spokesman Josh Earnest pushed back against claims that the administration is at odds with the Pentagon when it comes to U.S. policy on Syria.

(BEGIN VIDEO CLIP)

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: It won't be surprising to you that I'm got going to spend a whole lot of time talking about private conversations between the president and his secretary of defense. The president's been very clear with every member of his national security team, including his secretary of defense, that it's important for important policy decisions like the ones related to Syria for his team to be very thorough and to constantly be assessing and reassessing the success of those strategies.

(END VIDEO CLIP)

COSTELLO: OK. So, let's dig a little deep we are CNN military analyst, General James "Spider" Marks.

Welcome, General.

MAJ. GEN. JAMES "SPIDER" MARKS (RET), CNN MILITARY ANALYST: Hi, Carol. Good morning.

COSTELLO: Good morning.

First of all, do you agree with Chuck Hagel?

MARKS: Absolutely. I think the administration's got a tough mission ahead of it and it's not done a very good job communicating what the desired new state needs to be and they certainly have galvanized a bunch of resources, specifically military, in order to accomplish a task to go after ISIS, and as we've discussed many, many times, clearly a strategy has to include all those elements of power. We don't see anything else that's really effectively engaging right now, certainly there are behind-the-scenes efforts diplomatically.

But the military effort is first and foremost, the one that's going to do the heavy lifting for the administration, and there's some challenges with what we see. We've got some issues in terms of targeting. We've got some issues in terms of how you control ungoverned space.

The military knows how to handle this. The challenge is how do you do it effectively and how do you get other parties involved? It's absolutely the right thing for the secretary of defense to go to the administration and talk openly and call each other out respectfully and say, look, we've got some challenges, let's step up.

So, I think the issue, Carol, would be to see what happens going forward, and if Secretary Hagel is now dismissed or is asked to leave or has to depart the scene, then it's really going to demonstrate the closeted nature of communications within this administration, which we all suspect to be very cloistered, nothing but good news, and we're, you know, it's all political all the time.

COSTELLO: Well, you're right about that, sadly. Chuck Hagel actually addressed the controversy yesterday. Let's listen to what he said.

(BEGIN VIDEO CLIP)

CHUCK HAGEL, DEFENSE SECRETARY: That's the responsibility of any leader, and because we are a significant element of this issue, we owe the president, and we owe the National Security Council our best thinking on this, and it has to be honest and it has to be direct.

(END VIDEO CLIP)

COSTELLO: Well, that is absolutely true, right, that's a good thing that Chuck Hagel is sharing what he really thinks with the national security adviser and then we assume the president of the United States.

MARKS: Absolutely, Carol. It needs to be done. In fact, he almost understated it very humbly. He said look, we're a significant factor in the administration's policy.

No, he's not. He's the factor. The military is the element that's engaged right now doing the heavy lifting for the nation in terms of how we're going to get this problem of ISIS under control and how much time it's going to take.

COSTELLO: General Spider Marks thanks for your insight. I appreciate it as always.

MARKS: Thank you, Carol.

COSTELLO: You're welcome.

Still to come in THE NEWSROOM, the suspect of the abduction of a University of Virginia student faced a judge this morning, but for a different case.

CNN's Brian Todd is outside the courthouse in Fairfax, Virginia.

BRIAN TODD, CNN CORRESPONDENT: Good morning, Carol.

Jesse Matthew just had his charges read to him from the case here in Fairfax, where he's accused of sexual assault and attempted murder. The charges were just read to him, he already may have a controversy within his own defense team. I'll have that story just ahead.

(COMMERCIAL BREAK)

COSTELLO: All right. You are looking at the man charged with the abduction of a University of Virginia student. He was in court this morning via video conference, not for the Hannah Graham case but for another case, a 2005 case. In this case, a Virginia woman was attacked from behind and sexually

assaulted while on her way home from the grocery store. The attacker in that case ran away when he was scared off by a passer-by. There is DNA evidence and a sketch, but until Graham disappeared, there were no suspects. So, Matthew is charged with this woman's abduction, her sexual assault and her attempted murder.

CNN's Brian Todd is outside the courthouse in Fairfax, Virginia, where the hearing just wrapped up. Tell us what happened.

TODD: It got very interesting in court, Carol. Jesse Matthew appeared in a baggie black and white striped prison jumpsuit with an attorney who has been helping him in Charlottesville, Jim Camblos.

That's where it got interesting. The formal arraignment then occurred. He was read the three charges against him -- abduction, attempted capital murder and sexual assault. He did not enter a plea because technically at that moment, when the judge read him those charges, he didn't have an attorney.

That's where it got interesting. Jim Camblos, the attorney helping him in Charlottesville in the Hannah Graham case said he wanted to be his sole attorney, even though public defenders from Fairfax had contacted Jim Camblos and said they wanted to help him with the case here. They made it clear Camblos didn't want them to be involved.

Camblos told the judge he didn't want anybody else involved in the case, he wanted to be the sole attorney. He said you can't have two chiefs in a case and not enough Indians. He wanted to be the only guy representing Jesse Matthew both in Albemarle County and in Fairfax.

But Judge Dennis Smith was having none of it. He said he's going to appoint two attorneys. He'll let Camblos handle Jesse Matthew's cases in Albemarle County in Charlottesville where he faces charges in the Hannah Graham case but he'll appoint a public defender to help him here in Fairfax because the judge wants to get things going quickly here in Fairfax.

He believes if Jim Camblos handles everything, it's going to slow things down. That Camblos will have issues in Charlottesville, that will slow him down up here. And they want to get this case going quickly in Fairfax.

Jim Camblos was not happy with that decision by Judge Dennis Smith. He shook his head. He made other comments about procedure but he was not happy with having to share the defense of Jesse Matthew with a public defender here in Fairfax County. So, that may arise as a potential issue in Jesse Matthews' defense.

One other significant thing in court today was that Jim Camblos, attorney representing him in Charlottesville, requested an evaluation for sanity, that's not necessarily an indication he's going to enter an insanity plea in this case, but he's going to want to have him evaluated. The judge did not accept that request right now. He said, I'll accept a motion on that later and I'll consider it later. But that's another significant development today in court, Carol. Jim Camblos, his attorney, requesting an evaluation for sanity for

Jesse Matthew.

COSTELLO: And no plea was entered in court today, right?

TODD: That's right. He did not enter a plea at the time because at the time the charges were read to him, he did not have an attorney, but then really just a few minutes later, the judge settled it once and for all, he said Jim Camblos, your attorney in Charlottesville, you're going to represent him there in Charlottesville, you will share representation with him in Fairfax with a public defender.

So, he now has two attorneys representing him for the moment, one here in Fairfax for the charges here, and Jim Camblos for the charges in Albemarle County two hours south of here. Clearly, Jim Camblos was not happy with that.

How effective Jesse Matthew's going to be if there's controversy between the two sides trying to represent him.

COSTELLO: All right. Brian Todd, you stay right there.

I want to bring in CNN commentator and legal analyst, Mel Robbins.

Good morning, Mel.

MEL ROBBINS, CNN COMMENTATOR & LEGAL ANALYST: Good morning.

COSTELLO: Let's focus on the 2005 case against Matthew. It could be the only win in this case because of the DNA evidence in this case and they have a living victim who could possibly testify against Jesse Matthew.

And the other case is, as far as we know, there's no DNA evidence in sadly, the two other women Jesse Matthew is accused of attacking were killed allegedly by him.

ROBBINS: Correct. So, here's the strategy, Carol. They're starting with the 2005 case, and just by way of reminder, this is a case where a woman was attacked from behind allegedly, dragged behind a gazebo, and then that's where the assault or the attempted sexual assault happened. According to the police reports, he also threatened to kill her, which is where the attempted murder charges come.

Now, he's facing a maximum of life in prison for these charges. And so prosecutors have brought this case first, because they have a witness, they have a much stronger case, and if and when they convict him, which it is my hope and based on what we've seen in terms of the facts of this case, they likely will, they will then have a guy who is a convicted sex offender.