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Cop Charged with Murder in North Charleston, South Carolina. Secret Service Supervisor Accused of Assault; Boston Bombing Trial Enters Sentencing Phase. Aired 9-9:30a ET

Aired April 09, 2015 - 09:00   ET

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


[09:00:01] CHRIS CUOMO, CNN ANCHOR: Veteran suicide. 22 vets take their own lives every day so the challenge is simple. Record a video of yourself doing 22 pushups, upload the video to social media, and make a donation if you can. They're doing this to raise awareness. People across the country like this vet have stepped up to the plate. Over 200,000 pushups have already been logged. I did mine, even though I was suffering from the after-effects of a stomach virus.

ALISYN CAMEROTA, CNN ANCHOR: Oh, yes.

UNIDENTIFIED MALE: My goodness.

(CROSSTALK)

CUOMO: We say we support the vets.

CAMEROTA: Wow. Yes.

CUOMO: So I issued the challenge here. You, you, you. Do any of you have what it takes to do it for the vets?

CAMEROTA: We'll do it. And does Carol Costello? It's time to get to "NEWSROOM" with Carol.

Hi, Carol.

CAROL COSTELLO, CNN ANCHOR: Does anyone believe that Chris Cuomo actually did 200 pushups?

CUOMO: 22, Carol Costello. Capping accurately.

COSTELLO: Oh, 22. I don't even --

CAMEROTA: Twenty-two.

COSTELLO: Twenty-two.

CUOMO: But I could do 200.

COSTELLO: Whatever. Thanks a lot. Have a great day.

NEWSROOM starts now.

And good morning. I'm Carol Costello. Thank you so much for joining me. We begin this morning in North Charleston, South Carolina.

We're awaiting the release of a key piece of evidence, that would be the dash cam video capturing the initial meeting between Walter Scott and the officer who would later shoot and kill him, Michael Slager. But as we look toward that release, the city is taking swift action, firing Officer Slager and vowing that every cop on the street will soon be equipped with a body camera.

Martin Savidge is following the latest developments for us from North Charleston.

Good morning, Martin.

MARTIN SAVIDGE, CNN NATIONAL CORRESPONDENT: Good morning, Carol. You know, by now we're all familiar with that horrific video that was taken by the bystanders that shows the shooting that triggered all of this event. But what many people are not aware of, and you've already alluded to, is the fact that there are a lot of other videos out there. Not a lot, but a number. And it's police video on their dash cams. And it will be very interesting to see what they show and tell, but as yet they have not yet been released.

(BEGIN VIDEOTAPE)

UNIDENTIFIED PROTESTER: No justice.

UNIDENTIFIED PROTESTERS: No peace.

SAVIDGE (voice-over): Days after the release of a shocking video, North Charleston now feeling the fallout.

UNIDENTIFIED PROTESTERS: Black lives matter.

SAVIDGE: Demonstrators gathered in front of city hall demanding the mayor resign and more officers be arrested as the investigation into the shooting death of Walter Scott by Officer Michael Slager intensifies.

MICHAEL SLAGER, FORMER NORTH CHARLESTON POLICE: Put your hands behind your back.

SAVIDGE: In the immediate aftermath of the shooting, Slager, seen here being debriefed by another officer, described a scuffle and playing through an attorney that the 50-year-old fought for his Taser and he felt threatened.

In an interview with NBC the man who shot the disturbing video says he did see the two struggling on the ground.

FEIDIN SANTANA, WITNESS WHO SHOT VIDEO: I started recording. They were down on the floor. I remember the police had control of the situation.

SAVIDGE: Scott's family says they first saw the video Sunday. They're horrified and believe the video captures an attempt by Slager to plant a Taser close to Scott's limp body. JUDY SCOTT, WALTER SCOTT'S MOTHER: The policeman is supposed to

protect the people, not try to frame them. They supposed to be honest people.

SAVIDGE: Slager joined the police department five years ago. In 2013 police records show he was exonerated following a complaint of improper use of force with a Taser involving a black man. North Charleston's mayor and police chief announced the 33-year-old accused officer has now been terminated, but the medical benefits for his eight-month pregnant wife would continue.

MAYOR KEITH SUMMEY, NORTH CHARLESTON, SOUTH CAROLINA: We think that is the humane thing for us to do.

SAVIDGE: The city leaders often interrupted by demonstrators and members of the public.

UNIDENTIFIED PROTESTER: No justice.

UNIDENTIFIED PROTESTERS: No peace.

(CROSSTALK)

SUMMEY: May I make one statement?

SAVIDGE: Wanting to know whether the predominantly white force was now ready to change.

SUMMEY: We received a grant to purchase 101 body cameras.

(APPLAUSE)

SUMMEY: Every officer that's on the street in uniform will have a body camera.

(END VIDEOTAPE)

SAVIDGE: But there are some, Carol, especially in minority communities who believe it's going to take a lot more than body cams to change this particular police force. And they raised this concern. They say, look, there were a number of officers -- other officers that were involved. Those were the ones that responded immediately after the gunfire and they made police reports and statements that do not seem to match their actions, and what they did or did not do to render aid to Walter Scott. And many want them held accountable, too -- Carol.

COSTELLO: So I'm also wondering about this dash cam video. Shouldn't police have already reviewed that dash cam video? And why hasn't it been released as of yet?

SAVIDGE: I would imagine that the department heads here have taken a look at that, however, remember now this is really all in the hands of a higher authority, and by that I mean a state-level investigation that is underway, and it's up to the prosecutor in that particular case whether or not to release the video since supposedly they're still being reviewed. It's anticipated they will be released, but now it's looking less and less likely it may be today.

[09:05:12] COSTELLO: All right. Martin Savidge reporting live from North Charleston, South Carolina, this morning.

The man who recorded the shooting on his cell phone has come forward. His name is Feiden Santana. He said he almost deleted the video because he feared retaliation from police. Listen.

(BEGIN VIDEO CLIP)

SANTANA: I even thought about erasing the video and --

UNIDENTIFIED REPORTER: Why?

SANTANA: I don't know. I felt that my life, you know, with this information might be, like I say, in danger. And I tried to -- I thought about erasing the video and just getting out of the community of North Charleston and living someplace else.

UNIDENTIFIED REPORTER: Leaving town?

SANTANA: Yes.

UNIDENTIFIED REPORTER: Because you were that scared?

SANTANA: Yes. I knew -- like I say, I knew that as soon as they saw the video, I knew that the cop didn't do -- didn't do the right way -- the right thing. And, like I say, I feel kind of scared about that.

UNIDENTIFIED REPORTER: But you decided instead of deleting the video, you decided to do what?

SANTANA: I decided -- I looked at the police report. You know, I went home after I finished working, I went home. Like I say, I was -- people went to the barber shop, you know, talking about what happened, and next to my house, it's right there, and I saw the police report. I read it. It wasn't like that.

(END VIDEO CLIP)

COSTELLO: Thanks to Mr. Santana we have that cell phone video, but there is other video the public has a right to see. We mentioned the dash cam video, right? The public also has a right to know if other officers at the scene tried to cover up a crime allegedly carried out by one of their own.

With me now to talk about discrepancies and things unsaid, CNN legal analyst Mel Robbins and civil rights attorney Gloria Browne-Marshall.

Welcome to both of you.

GLORIA BROWNE-MARSHALL, CONSTITUTIONS LAW PROFESSOR: Thank you.

MEL ROBBINS, CNN COMMENTATOR AND LEGAL ANALYST: Good morning, Carol.

COSTELLO: Good morning. And thank you for being here. Let's start with the car, this Mercedes. Now there was another man in Mr. Scott's car. Why haven't we heard about him?

ROBBINS: You know, I don't know. We don't know if he's witnessed anything. We don't know if the FBI is talking to him. I'm sure what I can tell you, though, Carol, is that we will be hearing from him as the investigation continues in this case, Carol. As we gather more video from the police dash cam, if there are other witnesses, we're going to see more and more as the days come, Carol.

COSTELLO: Well, let's talk about the dash cam video now, Gloria, because I would -- I would think that that would be one of the first things that investigators would look at is that dash cam video, yet police are reviewing it now and may not release it today after all.

BROWNE-MARSHALL: Well, just think, we're dealing with the Ferguson effect, which is we have police officers and police departments that are used to having a procedure that may not make any sense to the outside public and you start to see the flaws in it. And because of what happened in Ferguson and in Staten Island, they're reviewing their procedures, their process, and actually letting this evidence be unveiled to the public.

Just think, prior to this they might not have even told the public that these videos existed or allowed them to see them.

COSTELLO: Well, Mel, let me ask you this question about the dash cam video. If we never had cell phone video of how this incident went down, would police even bother to release the dash cam video?

(CROSSTALK)

BROWNE-MARSHALL: Well, this is --

ROBBINS: Maybe not. You know, I --

BROWNE-MARSHALL: In my book race law --

COSTELLO: No, go ahead.

BROWNE-MARSHALL: I'm sorry. In my -- in my book "Race Law in American Society," I have laws and cases going back involving police officers in my criminal justice chapter. They go back to these issues of what was happening when black witnesses' credibility was questioned just because they were black or not allowed to testify. So we have this continuum from eyewitness testimony to the dash cam or videos and then we'll question as in the Eric Garner case the person who was taking the video, when the video began, when it ended.

At the end of the day this idea that we have to have all of this extra evidence when it comes to a police officer shooting of a black man that we wouldn't normally require in a shooting between two civilians. Yes, I'm glad we have the dash cam, but on the other side of this, there is still a lot more we need to do in addition to cameras.

COSTELLO: OK. So -- but let me just ask that question to you again, Mel. If we never saw video from this cell phone, would police even bother to release the dash cam video? (CROSSTALK)

BROWNE-MARSHALL: Probably not.

ROBBINS: Probably not. I think it's through public pressure --

COSTELLO: I'm talking to Mel. Go ahead, Mel.

ROBBINS: It's through the public pressure that this stuff is getting released. And as Gloria said, the Ferguson effect. And you know, first of all, the video that we've all seen is so egregious, so disgusting, so insanely wrong that the police did the right thing. They released it. They responded. They went to the family. They fired the police officer. They charged him with murder.

[09:10:15] And even if, Carol, and even when we see the dash cam video, there's almost nothing on that video that -- that would justify the actions of the officer. You know, unless -- unless, you know, Mr. Walker actually pulled a gun on the police officer during the initial confrontation and the police officer was chasing somebody that was a, quote, "immediate and significant" threat to either the officer or the community at large, he is not justified under federal law, under our constitution by the Supreme Court, to shoot at any one that's fleeing.

And so even -- you know, I don't think the police would have witnessed it. They might not have even investigated this as thoroughly as they're going to. I think that's what's upsetting so many people beyond just the awful nature, the -- just stomach churning nature of this video that you watch. It's this -- this idea that, holy cow, if we didn't have the video, what would have happened?

And I think a lot of us feel like nothing would have happened because you have an officer that's able to, what appears, like he was doing, which is throwing the Taser near the body of a man he just shot as he was fleeing with no justification because he wants to cover up what he had just done. And so this video is critical. Having video and body cameras on officers is critical both for officers and also for the people that they're interacting with and, you know, it will be interesting to see what happens as the days roll forward, Carol.

COSTELLO: Certainly will. Well, Gloria Browne-Marshall, Mel Robbins, thanks to both of you. I appreciate it.

Still to come in the NEWSROOM, a supervisor at the Secret Service is put on the "do not admit" list and stripped of his gun and badge.

CNN's Michelle Kosinski is following this for us.

Good morning.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Right, Carol. How could this be another allegation of misconduct with a high-ranking member of the Secret Service? We'll have all the details coming up.

(COMMERCIAL BREAK) [09:15:48] COSTELLO: Again? The Secret Service is dealing with another scandal. A female agent saying a senior supervisor made unwanted sexual advances towards her. He's now on indefinite leave, his security clearance suspended.

CNN White House correspondent Michelle Kosinski is following the story for us.

Tell us more.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hi, Carol.

Right. This is senior supervisor within the security clearance of the Secret Service. But now, his security clearance has been taken away. According to reports, he had to turn in his gun and his badge. He's on administrative leave.

This is now being investigated by the police as well as the inspector general. But, you know, there's something about after hours parties at the Secret Service because this is now the second time in just a couple of weeks that a top ranking member of the Secret Service has gotten into trouble after one of these parties.

Now, according to details that were broken by the Washington Post, details that are not being disputed by the Secret Service, he was at his own party. He was being promoted, in fact.

According to the reports at that party, he told his subordinate that he was in love with her and then what she told police was that later on when they got back to Secret Service headquarters, he made sexual advances toward her. He tried to kiss her. He grabbed her arms and there was a scuffle. He finally let her go.

So, she reported this about two days later to the Office of Professional Standards within the Secret Service. They then turned that over to the police. So, this is all under investigation, but it's just one more incident of this.

So, the Secret Service wanted to -- they didn't exactly get out ahead of this one. I mean, this was, again, first reported in "The Washington Post" but they did take the steps to immediately put him on leave.

Here's what the new Secret Service director said about this. "Secret Service is an agency that demands our employees conduct themselves with the highest level of integrity. These allegations as reported are very disturbing. Any threats or violence that endangers or employees in the workplace is unacceptable and will not be tolerated."

But, you know, Congress has had a field day with these incidents one after another. Not incidents that are very similar to this, but it's been kind of a wide range of embarrassments for the Secret Service involving prostitution, drinking, an agent passed out drunk in the hallway of his hotel while he was out on assignment. One after the other culminating really in the White House fence jumper late last year where that jumper was able to get inside the White House. But, you know, just a few weeks ago we saw the incident of the agents

who were accused of driving through a crime scene and, you know, that's under investigation. There are allegations that they might have been drinking there, too. So, clearly, they need to at least cut down on the after hours partying.

But, you know, we don't know exactly how this is going to turn out, but at least the Secret Service this time, they wanted to get this straight to an investigation and take action immediately because you know they --

COSTELLO: Right.

KOSINSKI: -- can't want another one of these embarrassments, Carol.

COSTELLO: Michelle Kosinski reporting live for us this morning. Thank you.

Still to come in the NEWSROOM, mixed feeling in Boston. Should Tsarnaev's life be spared?

Alexandra Field is outside the courtroom.

ALEXANDRA FIELD, CNN CORRESPONDENT: Good morning, Carol.

The jury reached their verdict more than 12 hours coming to their consensus pretty quickly. The next phase of this trial could be a lot more complicated for jurors. We'll talk about it coming up after the break.

(COMMERCIAL BREAK)

[09:23:06] COSTELLO: The Boston marathon trial about to enter phase two now, the death penalty phase, the sentencing phase. Now, the jury will decide, as I said, if Dzhokhar Tsarnaev lives or dies.

The trial has been heart-wrenching for survivors. For some, the verdict is a step towards -- closure, I guess. Others finding no peace at all.

(BEGIN VIDEO CLIP)

REBEKAH GREGORY, SURVIVOR: I don't believe there will ever be justice brought to this no matter if he does get the death penalty.

(END VIDEO CLIP)

COSTELLO: The question, should Tsarnaev's life be spared?

Well, "The Boston Globe" surprisingly is saying yes this morning. "The Globe" siding with the defense writing in an editorial, quote, "For jurors who believe execution should be reserved for the worst criminals, the lawyers laid out a clear path to conclude that Dzhokhar wasn't even the worse of the Tsarnaevs."

Alexandra Field is outside the courtroom in Boston to tell us more. Good morning.

FIELD: Good morning, Carol.

In the next phase of this trial, the prosecution will vehemently argue against that idea. They'll try to convince jurors that the death penalty is the right penalty. But, first, the jurors had to come together. They have to make their verdict in the first part of this case.

They came to the consensus pretty quickly. Fewer than 12 hours spent deliberating then they were back in the courtroom with Dzhokhar Tsarnaev who listen as he was pronounced guilty some 30 times.

(BEGIN VIDEOTAPE)

FIELD (voice-over): His life now in a jury's hands. Dzhokhar Tsarnaev showed no emotion as a court clerk read the verdict, guilty on all 30 counts against him.

Survivors of the Boston bombing waited nearly two years for justice, jurors handing down their decision after less than 12 hours. The chaos at the finish line witnessed firsthand by the city's acting mayor that day.

He spoke to CNN's Jake Tapper after the verdict.

STEPHEN MURPHY, FORMER BOSTON CITY COUNCIL PRESIDENT: I'd like to pull the switch myself because I believe he's guilty and, you know, probably he should forfeit his life, but I think that feeds right into their warped sense of what they believe is important.

[09:25:07] FIELD: In court, jurors, survivors, and family members, some of them moved to tears listening in silence. Dzhokhar showing no sign of remorse.

KAREN BRASSARD, BOSTON BOMBING SURVIVOR: Throughout this whole thing he's been, to use my word, arrogant walking in and out of the courtroom and completely disinterested.

FIELD: Soon, the jury of seven women and five men who found Tsarnaev guilty of the attacks that left four dead and hundreds injured will decide whether the defendant lives.

UNIDENTIFIED FEMALE: And I solely speak for myself. I want the death penalty.

FIELD: Rebekah Gregory survived the bombing. She said there will never be closure.

REBEKAH GREGORY, BOSTON BOMBING SURVIVOR: I may be standing on one fake leg but I'm standing here stronger than ever because someone tried to destroy me and he failed.

FIELD: The 21-year-old's attorneys will soon fight for his life, arguing he was a pawn of his older brother who masterminded the attacks.

(END VIDEOTAPE)

FIELD: The next phase of this trial could start as early as next week. New witnesses will be called to provide new testimony and, Carol, that's the evidence that the jury will have to consider when they deliberate, again, on the question of the death sentence.

COSTELLO: All right. Alexandra Field reporting live from the courthouse this morning.

My next guest hailed a hero after the bombing. Robert Wheeler was crossing the finish line moments before that first bomb went off. He was one of the first people on the scene helping to save a man's life. You see him there.

Robert, thank you for joining me this morning. I appreciate it.

ROBERT WHEELER, BOSTON MARATHON FIRST RESPONDER: Thank you.

COSTELLO: Guilty on all counts. Has justice been served?

WHEELER: Well, justice hasn't been served yet but, you know, we're on our way to seeing justice, sure.

COSTELLO: In your mind, what is justice for Tsarnaev?

WHEELER: That's something I've thought about a lot since 2013 and, you know, defining justice versus vengeance here. You know, we are talking somebody who is not just a murderer but, you know, committing a terrorist act to commit murder. In making sure that that person does, you know, see justice and proper punishment not in a tortuous way but punishment is a fine balance. I really, you know, something I've thought about a lot since 2013 for sure.

COSTELLO: It sounds like you're conflicted over the death penalty in this case, am I right?

WHEELER: I often pondered about, you know, whether a life imprisonment, ponder over these things is better or, you know -- better over death or, you know, which one is going to be more enjoyable for him or whether a quick end is going to be not justice, but, you know, you aren't really going to be able to justify the -- you know, be able to bring justice for, you know, the three -- three Bostonians, three people, three citizens that were killed that day and the hundreds other that were injured and the things that myself and many others live with and have to live with, the memories we have.

It's -- you aren't really going to find real justice in that sense, you know, but to -- I will say that I think life is a precious thing and, you know, letting him continue to have life even in a prison cell is -- you know, can be a wonderful thing in itself. Does he deserve that is something that I trouble myself with a lot.

COSTELLO: Right. As the guilty verdicts were read in court, Dzhokhar Tsarnaev showed

absolutely no emotion. When you hear that, what goes through your mind?

WHEELER: It's -- some people are sick. You know, not to know -- I really can't be inside of his mind. I don't know, but, you know, it's -- many people believe things religiously and follow them religiously. In his own twisted sense, you know, reading what he wrote on the side of the boat and -- it, you know -- other aspects of the case really show that --

COSTELLO: Right.

WHEELER: -- it wasn't something that, you know, he really had a lot of remorse for. And all the more reason why, you know, giving this person life in prison isn't going to be much of a punishment with that said.

COSTELLO: Judy Clarke, Tsarnaev's attorney, is going to try to prove that his brother, Tamerlan, was really the mastermind of this and Dzhokhar was just this 19-year-old kid, he was sort of a drug addict, he was a person who would easily follow someone stronger. Is there any witness who could sit on that stand and make you believe that?

WHEELER: You know, that -- true or not, we are responsible for our own actions. The moment we stop believing that is -- it's just chaos. I mean, to say that the person who built the gun is responsible for killing the person is -- is -- you know, is foolish. You know, he knew what he was doing.