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Alleged Cop Killer Eric Frein Faces Terror Charges; Bill Cosby Rape Allegations; Jesse Matthew Pleads Not Guilty; Dempsey to Recommend Ground Troops?; Interview with Rep. Vikcy Hartzler; Big Weekend in College Football

Aired November 14, 2014 - 09:30   ET

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

(COMMERCIAL BREAK)

CAROL COSTELLO, CNN ANCHOR: And good morning. I'm Carol Costello. Thank you so much for joining me.

We have new developments in the case of accused cop killer Eric Frein, who alluded an exhaustive seven-week manhunt in the dense woods of eastern Pennsylvania. Prosecutors have now filed terrorism charges against the survivalist saying his ambush of two state troopers was meant to trigger a revolution. More now from Peggy Lee of CNN's Scranton affiliate WNEP.

(BEGIN VIDEOTAPE)

PEGGY LEE, WNEP REPORTER (voice-over): Accused cop killer Eric Frein is now facing two counts of terrorism for the ambush at the state police barracks at Blooming Grove two months ago that left one trooper dead and another seriously wounded. The Pike County district attorney filed those new charges during a hearing at this magistrate's office near Holly, where Frein appeared by video conference.

RAY TONKIN, PIKE COUNTY DISTRICT ATTORNEY: This is the first time that I'm aware of that that charge has been used in the commonwealth of Pennsylvania.

LEE: The D.A. says those charges were filed based on a letter Frein reportedly wrote to his parents. According to the criminal complaint, that letter was found on a thumb drive taken from this hangar where police say Frein stashed his supplies. Police say that letter was created in December and last accessed on October 6th. In the letter, Frein reportedly wrote, quote, "our nation is far from what it was and what it should be. Only passing through the crucible of another revolution can get us back the liberties we once had. I do not pretend to know what that revolution will look like or even if it would be successful."

Frein goes on writing, "tension is high at the moment and at time seems right to spark a ignite a fire in the hearts of men. What I have done has not been done before and it felt like it was worth a try." He ends with, "I am sorry. You guys are great parents. I am just not a good son. I squandered so much opportunity and support, maybe this is just the final squander," end quote. The criminal complaint also states on the night of Frein's arrest, Frein told police he shot the troopers because he wanted a change in government and that the murder of a trooper was an assassination and taking that action would wake people up.

TONKIN: We believe, as detailed in the criminal complaint and the affidavit, that the evidence that we have uncovered supports that charge and that's why we have filed the criminal complaint with those two additional charges.

(END VIDEOTAPE)

COSTELLO: All right, let's talk about this with our legal panel. Joey Jackson is a criminal defense attorney and legal analyst for HLN, and Ann Bremner is also a criminal defense attorney, as well as a former prosecutor.

Welcome to both of you.

ANN BREMNER, CRIMINAL DEFENSE ATTORNEY: Thanks.

JOEY JACKSON, HLN LEGAL ANALYST: Thank you, Carol.

COSTELLO: OK. So, Joey, when a suspect writes this, "our nation is far from what it was and what it should be. Only passing through the crucible of another revolution can get us back the liberties we once had." It should be a no-brainer, right, terrorism charges, but it's really not that simple, is it?

JACKSON: Well, it's never simple, Carol. But, look, what you always do in criminal cases is you examine the state of mind, right? You evaluate what someone's thinking, what's their intention and, you know, what exactly do they want to do? And when you look at this instance and you see his writings and his musings and even, you know, what he was doing, survivalist, right, packing to be out in the woods, taking pot shots at police officers, killing one, leaving, you know, two children without a father, it's problematic. And why was he doing it, Carol? Because voting wasn't good enough. He didn't feel that through voting he could influence the policies of government. And so what the government did is say, OK, you're trying to influence and affect the conduct and policy of government, that's terrorism, because you're doing it through threat, fear and intimidation.

COSTELLO: So it wouldn't be terrorism if he just terrorizing a community, for example? He would have to have the government component and he would have to have some sort of evidence pointing to that.

BREMNER: Yes, but this is really a (INAUDIBLE) things. One is, Joey, that was excellent, as usual.

JACKSON: Thank you, Ann.

BREMNER: I think there are three things. One is, you try to terrorize, you know, civilians in general, the population, or government conduct or the government itself by an act, and usually it's murder as we see in these terrorist cases. So, I mean, just the community itself, even though it's terrorizing what he did, the fact that he was trying to influence the government, like Joey said, is what really gives him the terrorism charge.

COSTELLO: But here's what's confusing for people. So -- because our laws really don't seem to make much sense when it comes to who exactly is charged with terrorism.

BREMNER: Right.

COSTELLO: For example, last year a man targeted TSA agents at the Los Angeles Airport. According to "The Huffington Post," he was carrying a handwritten note describing himself as a "pissed off patriot." So why wasn't he charged with terrorism?

JACKSON: You're not trying to have me justify government conduct --

BREMNER: Right.

JACKSON: And, you know, all -- the inconsistencies that are applied here? It's tough, Carol. I mean, you know, it's always a case-by-case assessment and they look and they evaluate and say, does it make sentence in certain instances? Are they always uniform in the application of the terrorism rule? No, they're not.

BREMNER: No.

JACKSON: But I think in this case certainly they got it right, Carol.

COSTELLO: They got it right. So that's good. So will we see more of these kinds of charges, because we haven't been seeing much of them, right?

BREMNER: No, and we've -- you know, John Ashcroft said fighting terrorism domestic and otherwise is the most important thing we can do. Terrorism is terrorism. So, the TSA agent, I think he was upset about what happened to him, but it was more global. It should have been a terrorism charge. And we have to have equal treatment under the law. So why don't we charge that case, charge this case as a deterrent to other people. When people come in with domestic terrorists acts, killing police officers, you know, with this -- what he did was so reprehensible, it should have the death penalty and a terrorism, you know, charge against him, if not more.

JACKSON: And, Carol, on that issue, Ann's point, absolutely, because what you want to do is you want to deter the conduct, right?

COSTELLO: Right.

JACKSON: So that it doesn't apply again. And, of course, you know, you want to punish it. And, you know, in terms of rehabilitation, when you're that far off the reservation, it's really difficult to rehabilitate. So --

COSTELLO: I would say, yes.

BREMNER: (INAUDIBLE) the Kennedy (ph) defense. COSTELLO: Joey Jackson, Ann Bremner, thanks so much.

BREMNER: Thank you.

JACKSON: Thank you, Carol.

COSTELLO: I appreciate it. Thank you so much.

Still to come in the NEWSROOM, America's top general tells Congress he's leaving the door open for U.S. ground forces to battle ISIS. We'll talk to a Republican lawmaker, a member of the House Armed Services Committee, to get her take.

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COSTELLO: Rape allegations against iconic comedian Bill Cosby just won't go away. Despite Cosby's repeated denials over the past decade, alleged victims continue to come forward with horrified tales of being drugged and sexually molested by Cosby. Ted Rowlands explain how Cosby unwittingly reignited the allegations this week with his Twitter account. I should stress that CNN reached out to Cosby for comment, but so far we've not heard back.

(BEGIN VIDEOTAPE)

BILL COSBY, ACTOR: Hey!

TED ROWLANDS, CNN CORRESPONDENT (voice-over): An online publicity stunt is backfiring so badly on Bill Cosby, it is endangering the image he has spent a lifetime building. The 77-year-old comedic genius, who never swears on stage, and who played the wholesome Dr. Huxtable for years on "The Cosby Show" is causing years old sexual abuse allegations to resurface. On Monday, Cosby issued an online challenge to mem (ph) or caption a few classic Cosby photos, writing, go ahead, mem (ph) me, which people did.

"My two favorite things, Jell-O pudding and rape," was written over this photo of Coby smiling. "Look at this whacky shirt I'm wearing." Also, "I'm a serial rapist" tweeted another person.

The rapist label stems from allegations made years ago when several women came forward claiming they'd been sexually assaulted by Cosby. He was never charged with a crime, but the allegations have lingered for years and the subject was brought up last month in a standup act by comedian Hannibal Buress during a show in Philadelphia where Cosby's wholesome image was mocked.

HANNIBAL BURESS, COMEDIAN: I don't curse on stage but, yes, you're a rapist, so --

ROWLANDS: The most detailed allegations against Bill Cosby appeared in a lawsuit filed in 2005 by a Temple University employee who claimed she was drugged and assaulted by Cosby. Police investigated but did not charge Cosby due to lack of evidence. The civil suit was settled confidentially. The same type of story was alleged by Tamara Green, who went public with her story nine years ago on the "Today" show. TAMARA GREEN: You know, he had gone from helping me to groping me and

kissing me and touching me and handling me and, you know, taking off my clothes.

ROWLANDS: Cosby's representatives said they don't want to respond to old, resurfacing allegations. Over the years, Cosby, through his attorneys, has repeatedly denying sexually assaulting anyone.

COSBY: And you teach him and say -- you say now go, check that tree, bite it.

ROWLANDS: Cosby has a new series with NBC that's supposed to debut next year. It's unclear how, if at all, this new look at old allegations will affect not only that show, but also the lasting image of a comedy icon.

Ted Rowlands, CNN.

(END VIDEOTAPE)

COSTELLO: One of Cosby's accusers is Barbara Bowman, who has gone public with her allegation. She told her story to our Michaela Pereira this morning on CNN's "New Day." Bowman says she was a 17-year-old aspiring actress when Cosby took her under his wing.

(BEGIN VIDEO CLIP)

BARBARA BOWMAN, CLAIMS COSBY SEXUALLY ASSAULTED HER AS A TEEN: He zeroed right in on my vulnerabilities, which was, I had no father figure, so there was no man to come knocking on his door to find out what's going down.

MICHAELA PEREIRA, ANCHOR, CNN'S "NEW DAY": Rescue you.

BOWMAN: And when these things started happening, I wasn't silent. I told my agent what was going down.

PEREIRA: What was the reaction?

BOWMAN: She did nothing. I believe she's as culpable as he is because, in my inside, I believe she did know what was going on. So her doing nothing was a protective measure on her part.

PEREIRA: Did you tell other people?

BOWMAN: I didn't tell her. I told her, but I didn't really talk about it much because nobody was believing it. And it was just -- I was in a situation, I was in New York. My job was to work hard, go to classes, don't ask questions, just be grateful for this amazing opportunity. Don't mess it up. So when things would come up and he would start making me uncomfortable and I knew something was going on, I would start asking questions and he'd say, you know what, you don't trust me? You've got to trust me. And, by the way, you were drunk. And I didn't drink. And I certainly wasn't doing anything but exactly what I was supposed to do, (INAUDIBLE).

PEREIRA: So we have a couple of things at play here. We have America's favorite dad.

BOWMAN: Right.

PEREIRA: And a lot of people will say this does not square up with Mr. Cosby that we know from TV.

BOWMAN: That's exactly right. So what happened was I just gave up because it was very clear to me, he said it right to my face, point blank, I'd better never, ever see your face or hear your name again.

PEREIRA: Why -- if there are this -- if this is happening repeatedly, why is there no action?

BOWMAN: Well --

PEREIRA: I think so many of us are struggling to understand.

BOWMAN: Yes, and I -- it's a great question and I get asked that all the time. And I think that one of the issues is that, in 2005, when this case was going to court, and we were testifying, she settled out of court. So that meant that all 13 women were not going to testify. So that just shut it down.

It's a subject that people don't want to talk about. The mainstream media does not want to deal with it. It's just now becoming important enough for worldwide attention.

(END VIDEO CLIP)

COSTELLO: Once again, CNN has asked Cosby's representatives for reaction to these disturbing allegations, but so far we've not gotten anything back.

I'm back in a minute.

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

COSTELLO: A bit of breaking news to pass along to you now. The suspect in the disappearance of a University of Virginia student has just appeared before a judge. Jesse Matthew is facing charges in an unrelated 2005 sexual assault case. We understand he has pleaded not guilty.

CNN's Brian Todd was in the courtroom. He's in Fairfax, Virginia, with more for us. Good morning.

BRIAN TODD, CNN CORRESPONDENT: Good morning, Carol. Just moments ago, Jesse Matthew did, in fact, plead not guilty to all three counts he faces here in Fairfax County, Virginia. Judge Dennis Smith confronted Jesse Matthew in the courtroom a short time ago.

Jesse Matthew came in in a dark prison green jump suit. His voice was so low when the judge addressed him that the judge had to ask him to repeat himself. The judge read the first charge against him, attempted capital murder, and asked him how he pleaded. And when Jesse Matthew said not guilty, the judge asked him to repeat himself. He did that.

And then before he could plead to the other two counts, his defense attorneys said, "Judge, we don't need to you read the other two counts. We'll plead not guilty to all three."

Another point, in court today, Carol, was a trial date was set for March 9th. That is when Jesse Matthew will go to trial in Fairfax County. The charges against him: sexual assault, abduction with the intent to defile, and attempted capital murder. Those three counts against him here in Fairfax County.

He also of course faces charges in Albamoro County, Virginia, of abduction with the intent to defile University of Virginia student Hannah Graham, whose body was found last month in Charlottesville, outside Charlottesville. Jesse Matthew is charged in that case as well. We're waiting to see if he faces additional charges in that case.

But the highlights today: Jesse Matthew pleads not guilty to all three counts. A trial date is set for March 9, and a judge was assigned to this case, Judge David Shell. Carol?

COSTELLO: All right, Brian Todd reporting live from Fairfax, Virginia, this morning. Thank you.

President Obama has repeatedly said he would not order U.S. ground forces to fight ISIS in Syria or Iraq, but once again the message from the president's military top advisors is not so definitive. Already nearly 3,000 American troops are to be deployed in an advisory role in Iraq.

Here's what Joint Chiefs Chairman General Martin Dempsey told a House committee yesterday about the possibility of inserting U.S. combat troops into the conflict.

(BEGIN VIDEO CLIP)

GEN. MARTIN DEMPSEY, CHAIRMAN, JOINT CHIEFS OF STAFF: I'm not predicting at this point that I would recommend that those forces in Mosul and along the border would need to be accompanied by U.S. forces, but we're certainly considering it.

(END VIDEO CLIP)

COSTELLO: Perhaps that possibility becomes a little more likely now that it appears ISIS leader Abu Bakr al-Baghdadi was not killed in a U.S. air strike after all. An audio recording believed to be that of Baghdadi taunts the United States. He urges his followers to, quote, "erupt volcanoes of jihad everywhere".

So are U.S. ground forces inevitable even if the administration is not willing to make that commitment yet? With me now, Congresswoman Vicky Hartzler, a Republican member of the House Armed Services Committee, where Dempsey and Defense Secretary Hagel, Chuck Hagel, testified yesterday.

Welcome.

REP. VICKY HARTZLER (R), MISSOURI: Thank you, Carol.

COSTELLO: Is it your sense after yesterday's hearing that boots on the ground are a foregone conclusion? Especially if ISIS and al Qaeda really do join forces?

HARTZLER: Well, I don't think it's foregone conclusion, but it's certainly -- that is a possibility. And this president sadly has taken things off the table and keeps projecting to our enemy what we will and will not do, and I don't think that is a very sound strategy on his part.

It became clear yesterday in the hearing that the president has mishandled this have from the very beginning, including an early withdrawal from Iraq. General Dempsey testified we left things undone, including we didn't set up an apparatus for intelligence or close air support. And I think that's contributing to the problem we're having today finding adequate targets for our air strikes.

We've done over 5,000 sorties into the area, but only about 580 air strikes, and that translates to about eight a day. And when the first 75 days of the Afghanistan conflict, we were averaging 86 targets hit a day. And because we don't have that intelligence, because we left too soon. And the president continues to mishandle this.

COSTELLO: Right, so what needs to be done now? Because we're there. We're conducting air strikes right now. We're intimating that, oh, maybe ground forces will be needed at some point. We don't want to do that, but we're not ruling anything out. So what needs to be done right now to take care of ISIS?

HARTZLER: Well, I think first of all we need to encourage more of the people who live in that area to get involved. We have Turkey that has the second-largest number of ground troops in NATO, over two million military soldiers. And yet they've failed to help. And so that's where we need to have Secretary Kerry being very strong and advocating that others in that area, who live with the very real threat of ISIS, put their troops on the ground.

COSTELLO: I think Syria is the real problem here. We have allies willing to help us out with Iraq, right, but not so much with Syria. So what should be done? Because every expert you talk to say Syria and Iraq are linked, and if you want to defeat ISIS, you've got to do something about Syria as well.

HARTZLER: You really do. I mean, ISIS has taken over a territory the size of Maryland. And they're so brutal. We have got to address them. So that's where we need to put pressure -- on the nations who live nearby, get them involved in this.

And we have to be decisive in our strategy. Our coalition partners have to believe that our president is serious, that he wants to win, and that he has a comprehensive strategy and it's not -- COSTELLO: How do we get it are of Bashar al Assad? Because a lot of people say he's muddying the waters there, and until he's out of office, ISIS will not be defeated. So how does the United States do that?

HARTZLER: Well, we should have acted a lot sooner in that case and not let it fester to this point where it's a huge mess. We do need to reach out and try to help the moderate Syrian forces there who are just trying to protect their families and villages, who aren't aligned already with al Qaeda. But the strategy that the president put forth is inadequate. After a year, they testify they're going to --

COSTELLO: Well, what strategy should we have?

HARTZLER: -- have 5,000. Well, they're going to have 5,000 people trained, and right now ISIS has over 30,000 people, troops, in their brigades.

So we need to ramp it up. And we need to first of all show a commitment that we are going to do everything possible. We should not telegraph what we are and are not going to do, like our president has. And we need -- the president needs to listen to the people at the Pentagon and work with our military.

We have two very glaring examples of when that has not occurred., when he allowed the National Security Advisor Susan Rice in July to send a letter to the speaker asking to rescind and repeal the authorization of use of military force, which he didn't even talk to the Pentagon about it, and now that is --

COSTELLO: I do -- I hear what you're saying. I just -- you say we should ramp it up. What do you mean by that? How should the United States ramp things up to defeat ISIS?

HARTZLER: Well, we need to be diplomatic, to firsthand, like I said, reaching out to those countries like Turkey and others and encouraging them to put the boots on the ground. And we need to commit the resources that are needed to get this done. And we may need to have more American troop there in advise-and-assist role, to target or provide some close air support. But the president needs to come out with that strategy, make it clear to the American people about why that's needed, make it clear to Congress, and ask us for that help. And he has been leading from behind. He needs to start leading from the front.

COSTELLO: All right, Congresswoman Vicky Hartzler, thanks so much for joining me this morning. I appreciate it.

I'm back in a minute.

(COMMERCIAL BREAK)

COSTELLO: I don't have to tell you, but it's a big weekend in college football with rivalry games in do-or-die battles for teams in the playoff hunt. Brian McFayden is at the University of Georgia in Athens. Oh, I envy you. BRIAN MCFFAYDEN, CNN SPORTS: Can you see this, what I have right

here, Carol? This is the UGA cheer team and this is the Georgia paint line. These guys are braving the elements because it's super cold here in Atlanta, Georgia.

But, yes, just like you said, Carol, tomorrow is a huge day in college football. I'm here in Athens, Georgia, home of the 15th ranked Georgia Bulldogs. They're playing long time rival, ninth-ranked Auburn. They've been playing since 1892. Both these teams have everything to play for. Georgia and Auburn still with the chance to make this year's college football playoff. But they need to win tomorrow's big game here in Athens to stay in the hunt. And Georgia's chances of winning drastically improved recently when they learned their star running back Todd Gurley be eligible to play tomorrow. The NCAA suspended Gurley for four games after he admitted to signing autographs for money, making more than $300,000 over a two year span. The former Heisman front-runner hasn't played since October 4. He'll be a big boost to the Bulldogs in this game.

The marquee matchup of the weekend has to be Mississippi State at Alabama. Mississippi State is the number-one ranked team in the nation, but they're going in to Tuscaloosa to face the fifth-ranked Crimson Tide. Both teams are vying for a playoff spot. Mississippi State might be the top-ranked team right now, but Alabama is favorite to win by odds makers.

And, Carol, this is why the regular season in college football is so exciting. Huge weekend for a lot of teams around the country, and I'm going to be with these guys for the next two days.

(LAUGHTER)

COSTELLO: Start cheering, it's cold.

MCFAYDEN: It'll be a good time. Back to you.

COSTELLO: It'll warm you up. Thanks, Brian, I appreciate it.

MCFAYDEN: Yeah, go Dogs, right?

(CHEERING)

COSTELLO: Thanks so much, Brian. The next hour of CNN NEWSROOM starts now.

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