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Prosecutors Will Not Retry NC Police Officer Who Shot and Killed Unarmed Man; Hillary Clinton Takes Aim at Donald Trump; Remember Hurricane Katrina After 10 Years. Aired 3:30-4p ET

Aired August 28, 2015 - 15:30   ET

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

[15:31:33] BROOKE BALDWIN, CNN HOST: This is CNN. I'm Brooke Baldwin.

Prosecutors will not retry a North Carolina officer who shot an unarmed man, killing the man, hot him ten times. A judge last week declared the trial a mistrial on the manslaughter case against police officer Randall Kerrick who was back in 2013, Kerrick opened fire against Jonathan Ferrell, a Florida man, who was looking for help after getting a car accident.

Prosecution said in the statement they will no longer pursue charges against the police officer. We've now heard from the North Carolina attorney general Roy Cooper. He held a press conference in the last hour explaining why not.

(BEGIN VIDEO CLIP)

ROY COOPER, ATTORNEY GENERAL, NORTH CAROLINA: Our prosecutors believe unanimously that a retrial will not yield a different result. We as a state need to learn from this tragedy. More consistent and better training for our law enforcement officers can save lives. But most of them also understand that officers must be held accountable when they do not follow their training as happened here with tragic results.

(END VIDEO CLIP)

BALDWIN: I'm going to bring in civil rights attorney Areva Martin who is live in Los Angeles with me.

Areva, thank you so much for coming on. You know, hearing from the AG, says a retrial would not yield a different result, how can he definitively know that?

AREVA MARTIN, CIVIL RIGHTS ATTORNEY: Well, typically, Brooke, once there's been a determination that the jury can't reach a unanimous decision in a criminal case, the prosecutor has to make the determination, the decision whether they are going to retry the case and they do that by looking at a variety of things, starting with the jurors' own statements.

They will poll the jurors and find out, what was compelling to them about the evidence that was presented and what wasn't persuasive. They will look at the evidence that was presented. They will look at the charges and they will use all of that information to determine whether they can, in fact, get a different result with the same evidence that they have available to them.

I can tell you from reading statements from the family's attorney and the family, they are very disappointed in the decision not to go forward with a retrial. They had their hopes up really high that there would be a conviction in this case. And now, to learn that the attorney general is not going to retry the case has caused some degree of disappointment for them.

BALDWIN: How rare, Areva, is this, a, to have a mistrial and, b, for the attorney general to say, totally dropped?

MARTIN: Neither are rare in our criminal justice system. You often will have jurors unable to make unanimous decision. Look, getting 12 people to agree to anything can be complicated particularly in a case like this where you have this dash cam video and you have the prosecutor. And the defendant telling very different stories --

BALDWIN: They represent him on, right?

MARTIN: Absolutely. Jonathan was just there trying to get help and you have the defense saying no, he was tackling, he was rushing, he was going after the police officers. So two very different stories were painted about that evening. And jurors could not decide which story to -- you know, which was the most credible story. They could not get 12 jurors to convict this police officer.

So it's not uncommon that you get a mistrial. And this, really, not uncommon that a prosecuting attorney will decide not to retry a case. I think this case, though, has to be looking at in terms of a larger narrative that we have been talking about in terms of unarmed African- American man who was shot by police officers and it just raises the question about whether something could be done to deescalate this situation on an alternative method used if that officer believed he was in danger rather than killing this young man who apparently was just trying to find help because of this car wreck that he was in.

[15:35:14] BALDWIN: You heard part of the case. One of the officers pulled out a taser and obviously, it was Kerrick pulled out a gun and shot him ten times.

Areva Martin, thank you so much.

MARTIN: Thanks, Brooke.

BALDWIN: Coming up next, done the political beef today, Hillary Clinton taking direct aim at Donald Trump, addressing his claim that he would be better for women. What she said about a potential debate with this man to the left. That is next.

(COMMERCIAL BREAK)

[15:40:10] BALDWIN: In Minneapolis today, the Democratic National Committee meeting happening, the summer meeting. You see here Bernie Sanders speaking. We heard Hillary Clinton and Martin O'Malley earlier today. Let's dip in for a second.

SEN. BERNIE SANDERS (D), PRESIDENTIAL CANDIDATE: Politics as usual and they stay home. That's the facts. And let me be as clear as I can be. In my view, Democrats will not retain the White House, will not regain the Senate or the U.S. house, will not be successful in dozens of governor races all across this country unless we generate excitement and momentum and produce a huge voter turnout.

BALDWIN: All right. Bernie Sanders there. We did, as I mentioned, hear from the Democratic front-runner Hillary Clinton earlier today. Here's what she said.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: Mr. Trump also insults and dismisses women. And by the way, just yesterday, he attacked me, once again, and said I didn't have a clue about women's health issues. Really? I mean, you can't make this stuff up, folks. Trump actually says he would do a much better job for women than I would. Now, that's a general election debate that's going to be a lot of fun.

(END VIDEO CLIP)

BALDWIN: We'll circle back to that in a second. Obviously, Hillary Clinton in the literal spotlight. But vice president Joe Biden, he is stealing some of it even though he's not actually at the DNC. As you know, he's yet to announce if he's running for president but the buzz is certainly building.

Let me bring in our senior political reporter Nia-Malika Henderson and also with us CNN politics reporter, Jeremy Diamond. So great to have you both on.

Nia, first to you. Listen, obviously today Hillary Clinton generating some laughs, a bit of humor in aiming some of her arrows towards Donald Trump. Working for her, it looks like.

NIA-MALIKA HENDERSON, CNN SENIOR POLITICAL REPORTER: Yes. And she was clearly having fun there. That was her element. The crowd received her very well there. She is likely to be the next head of Democratic Party if polls go the way they go.

And so, yes, I mean, she sees in Donald Trump a very big target. She calls him the flamboyant front-runner and has tried to essentially tie him to the rest of the party. She said in that speech that it used to be the party of Lincoln, the Republican Party, and now, it is the party of Trump.

Also, she, I think this is (INAUDIBLE) hear from her and I think on the other hand, you have Republicans obviously trying to distance themselves from Trump. But obviously Hillary Clinton there and other Democrats essentially trying to say that Donald Trump represents this party and she named other Republicans, too, Jeb Bush and essentially said all of their policies are the same in terms of immigration and in terms of women's issues as well and she clearly wants that fight. I talked to some of her aides and they know that this fight on women's issues. They know that this is often times, she's strongest on these issues and polls reflect her as strong on these issues. Something like two-thirds of women think she would be strong on these issues.

BALDWIN: Well, Donald Trump is definitely not one to stop, not firing back. I believe he called her comments earlier in the week disgusting.

He, of course, Jeremy Diamond as you well know, the front-runner on the Republican side and he is also come forward and talked about potential tax policies saying, yes, that he would raise taxes on the wealthy which, of course, would include himself. Here's what he said on MSNBC.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: We have to simplify the tax code, take away some of the deductions and hedge funds guys have to pay up. Now, I'm going to lower taxes but these hedge fund guys are making a lot of money. I mean, I can tell you that I have friends that laugh about how little they pay. And it's not fair to the middle class and the middle income people and the middle class, we're destroying that. That's what built this country and we are destroying the middle class in this country. So I will have a plan, the hedge funds won't be happy but pretty much everybody else is going to love it.

(END VIDEO CLIP)

BALDWIN: Well, Jeremy, according to a Gallup poll this spring, showing that only 29 percent of the Republicans agree with higher taxes for the rich. Can you tell me what about this do you think Donald Trump thinks, you know, will help him win Republican votes?

JEREMY DIAMOND, CNN POLITICS REPORTER: Yes. I mean, listen. He is certainly tapping into a populous anger in the country and this is a part of that. Listen. It's going to be a hard sell to conservatives if he says that he's going to raise taxes on the wealthy across the board. But let's be clear, here he is talking about raising taxes on hedge fund guys. Some conservatives who we've talked to in recent days have said that there might be a way that Trump could do that. You know, hedge funds are taxed with capital gains, with carried interest taxes which is a lower rate. So if he finds a way to perhaps eliminate that special category or, as Grover Norquist yesterday told CNN, if he could dramatically cut other taxes, then, you know, there might be some wriggle room there. It's really going to be defend on how he can spin this and how he can really pitch it to the conservative base of this party.

[15:45:29] BALDWIN: Jeremy Diamond, Nia-Malika Henderson, thank you two very, very much.

DIAMOND: Thanks.

BALDWIN: A woman who broke her own cycle addiction being in and out of prison, wanting to help other women with similar struggles, here is CNN hero Kim Carter.

(BEGIN VIDEOTAPE)

KIM CARTER, CNN HERO: When I was 17 years old, I had my first hit to crack cocaine. I didn't know then that that I was going to lose the next 12 years of my life. I was recycled in and out of the system. I stayed out on the streets. I wanted to change. What I needed was a place to change at.

This guy Joe.

UNIDENTIFIED FEMALE: Yes. Had no shoes, no food, no nothing, nowhere to go.

CARTER: You're strong. And you're ready and you're willing because you wouldn't have came here if you wasn't.

We help homeless women and children to reclaim their lives.

UNIDENTIFIED FEMALE: I've been homeless almost six months.

CARTER: We meet women where they are. We'll pick them up and put them into an environment where they can heal.

When a woman transfers from myself to program to our permanent supportive housing, they stay connected with us.

UNIDENTIFIED FEMALE: It's beautiful.

CARTER: A lot of women come in very traumatized. We have licensed counselors that work with women on some of the deep issues.

UNIDENTIFIED FEMALE: It's OK to be angry.

UNIDENTIFIED FEMALE: I left with nothing. I got my two girls and left. I worked so hard to not lose them and then I lost them.

CARTER: Any mother that comes to us who doesn't have her children, we help get her children back.

UNIDENTIFIED FEMALE: It's been a long journey fighting for them, trying to get them back.

UNIDENTIFIED FEMALE: Thank you, Miss Carter. Thank you.

CARTER: Homeless women, children, I call them individual people because we pretend that we don't see them, but I see them. And I know there's something that we can do.

(END VIDEOTAPE)

BALDWIN: How awesome is that. To nominate a hero, go to CNNheroes.com.

Next, tomorrow is officially the ten-year anniversary of hurricane Katrina and ten years ago one woman was at the hospital having a baby. She joins me now with her now 10-year-old to tell me what it was like to evacuate with a newborn.

(COMMERCIAL BREAK)

[15:52:18] BALDWIN: Ten years ago, right now, highways across the south were crammed with families trying to outrun hurricane Katrina. Now, the nation is pausing to honor the resilience of the people all along the gulf coast.

Earlier today, President Bush there and his wife visited a New Orleans high school, one of dozens of campuses that was just absolutely destroyed.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES: Hurricane Katrina is a story of lost beyond measure, it's also a story of commitment and compassion. I hope you remember what I remember, and that is 30,000 people were saved in the immediate aftermath of the storm.

(END VIDEO CLIP)

BALDWIN: Well tonight at 9:00 eastern, New Orleans plan to pay tribute to the first responders who saved so many of them from that great flood. President Obama describing Katrina as quote "a natural disaster that became a manmade one, a failure of government to look out for its citizens."

And staying on Katrina and remembering ten years ago, you know, there's an old wild tale that a hurricane can induce labor. That the drop in biometric pressure can trigger a new baby's arrival just as one of Mother Nature's violent phenomena is heading its way. Well, ten years ago as Katrina churned towards New Orleans, my next guest felt those first pains of labor. Her son wasn't do for another week, but journalist Katie headed to the hospital, as it turned out delivering her baby boy would be the easy part.

Katy Rackdahl and her son, Hatcher Campbell who turned ten today join me live from New Orleans, awesome having both on, and Hector, happy, happy birthday.

HATCHER CAMPBELL, BORN DURING KATRINA: Thank you. Thank you very much.

BALDWIN: You're so welcome.

Katy, to you first, I know you, you delivered Hector early that Sunday, about 24 hours before those federal levies failed, can you just remember for me and for all of us, what it was like in the hospital, no air, no lights, and at what point you were separated from your newborn.

KATY RACKDAHL, SON BORN IN NEW ORLEANS ONE DAY BEFORE KATRINA: Right. So the lights went out, just as the storm was hitting, about 24 hours after Hector was born. And there was actually no electricity fairly quickly, one of the generators had failed, and he was down the hallway pretty quickly in an air-conditioned area where they thought the newborns would be safer.

BALDWIN: Did that make you nervous being so quickly, having to be separated from him?

RACKDAHL: It did. And we also had been -- there was a woman across the hall from us who got a phone call just as the storm was blowing in, and she started streaming and hung up the phone. And it turned out that her mom was on the roof of the lower ninth ward. So we knew something was wrong very early. We knew that we weren't -- even though we were pretty safe in the hospital which is a brick building that there was something going on outside that wasn't right.

[15:55:16] BALDWIN: Something going on that wasn't right was a huge, huge catastrophe. At what point in time, Katy, did you realize what was happening outside of this hospital?

RACKDAHL: I think we found out because Hector's dad is a cigarette smoker, and he would go and smoke cigarettes with people from the hospital who were coming in and out. And they were actually able to tell him, it's flooded all the through certain wards or it's flooded all through certain neighborhoods and it's getting worse.

On Monday we were hearing that and we were really alarmed. We didn't know it was going to go beyond the lower ninth ward which flooded during Betsy. We really were concerned that we wouldn't even be able to get out of the city.

BALDWIN: Katy, I have more for you, but let me turn to the birthday boy who, obviously, was too young to remember any of this happening.

But Hector, you know, you're a big ten-year-old now, and I'm sure you've heard all these stories of how your mom had you and all these years later in New Orleans now, just such a special city, what do you understand happened?

CAMPBELL: Well, I understand that the levies broke and people were, most, most of the people got out, but some people that didn't have cars or transportation didn't, didn't -- just stayed there. And they had to go through the water, like with the oil and stuff, with the trash and stuff to like the superdome where -- like, they had to stay on the roof or something. Like some people saved other people that, like their neighbors -- or either other people that was, that were in the -- that was in New Orleans.

BALDWIN: You got it.

CAMPBELL: So people wandered around.

BALDWIN: You got it.

RACKDAHL: You knew --

BALDWIN: He did great. He understands. And you know, I think what's also incredible, Katy, is the fact that he's going to, the Dr. Martin Luther King charter school in the lower ninth ward, obviously, an area that was absolutely destroyed. Hector, let me stay with you, how were you all at school talking about

Katrina?

CAMPBELL: Well, well our teacher lives in the east, so she -- so, like she, like she heard about, the lower ninth ward, like it was, like it was just in certain places, like, there was so many, breaches in the -- in New Orleans from the levies and stuff. So that's pretty much what we talked about for like half of the session.

BALDWIN: Mom, you want to jump in?

CAMPBELL: He asked questions and stuff.

RACKDAHL: Yes, I mean, so you talked about for half the day today?

CAMPBELL: Yes.

RACKDAHL: That's a good summary, I think. I think the hard part was that, I mean the lower ninth ward where hector goes to school, there are still stoops that sit on the lots there from houses that floated away. And that's like its own little personal reminder of what happened. Every day we take him to school, I see that. And I know that they do talk about it in school, it's almost like it lives around them because through the, the lots that are, remain high grass and the stoops that sit there from people who've never come back.

BALDWIN: Katy, just final question to you, I've got about 60 seconds left. You know, beyond, I'm sure, birthday cake maybe in Hector's future, you know, it is a significant time for a lot of people in New Orleans, how will you be, I don't know, commemorating, honoring, remembering, moving forward?

RACKDAHL: Well, I think that -- I always am so glad that, given Katrina I had something wonderful to carry out. And it sustained me through those times after Katrina. And he still does. So that's how that works.

BALDWIN: Hector, any final words from the birthday boy? I love the kiss from mom.

CAMPBELL: I pretty much, like it was a very bad scene of the, of New Orleans, and like, other, other people were very, very, like, their lives changed forever because they had to move to different places.

BALDWIN: They sure did. Forgive me for cutting you have, I have to send it to John Berman. But I just want to thank you both so much. It's a special city in New Orleans.

Katy and Hector, thanks so much.

I'm Brooke Baldwin. John Berman in "The LEAD" starts now.