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Baltimore Judge Denies Motions in Freddie Gray Death Trial, Protesters Demand Justice; Second Video Shows Gilbert Flores with Knife; Manhunt Called Off for 3 Suspected Cop Killers; Photo of Dead Boy Shows Plight of Migrants. Aired 2:30-3p ET

Aired September 02, 2015 - 14:30   ET

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


[14:30:00] BROOKE BALDWIN, CNN ANCHOR: Breaking news now out of Baltimore. A judge today denied motions to throw out charges against the six police officers accused in the death of Freddie Gray. Those charges range from murder and manslaughter to second-degree assault. None of those officers was in court today. They all waived their right to appear.

Outside the courthouse, emotions running high here. Protesters and activists demonstrating and demanding justice. Police there lined up and making just one arrest, we're told. Thus far, it has been peaceful.

Freddie Gray died back in April while in police custody. And let's just take a moment to look at how Baltimore got here.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh, my god. His leg is broken and you're dragging him like that.

UNIDENTIFIED CNN CORRESPONDENT: Investigators say his neck broke during a ride in a police van.

UNIDENTIFIED MALE: Until his death one week later.

(CHANTING)

MARILYN MOSBY, BALTIMORE STATES ATTORNEY: No one is above the law.

UNIDENTIFIED CNN CORRESPONDENT: And ranged from second-degree murder to misconduct in office.

UNIDENTIFIED MALE: No justice.

CROWD: No peace!

JEANNE MOOS, CNN NATIONAL CORRESPONDENT: From the chaos in Baltimore --

UNIDENTIFIED MALE: You looted. You stole medicine from old people and everything. Guys, we're doing this the wrong way.

UNIDENTIFIED MALE: Do you turn this into an ugly event and ugly day? For the most part, people did what they were supposed to do.

UNIDENTIFIED FEMALE: This is one of our darkest days as a city, and I know that we're much better than that.

UNIDENTIFIED FEMALE: Would you all please, please stop the violence. Freddie Gray would not want this.

MOSBY: As our investigation has continued, additional information has been discovered.

UNIDENTIFIED MALE: This is about getting results and getting answers.

UNIDENTIFIED FEMALE: It's too important not to get this right.

(END VIDEOTAPE)

BALDWIN: And now to today. To Jean Casarez outside of that courthouse.

And we know the judge heard the two motions and headlines that this trial is going forward. It will be prosecuted by Marilyn Mosby.

JEAN CASAREZ, CNN CORRESPONDENT: That's the headlines, you're right, the important fact that came out of the hearing this morning. Want to let everyone know they are back in session this afternoon behind closed doors, you could say, because the judge is not allowing any e- mail transmissions but the issue being argued right now is whether the six defendants should be tried together? Should they be tried separately, in groups?

And in that packed courtroom 150 people about are in there, there's over 12 defense lawyers on one side, over seven prosecutors on other side but the defendants are not there. They all waived their appearance. They are not in the courtroom for this very important day in this case, but the attorney for Cesar Goodson Jr, one of the former police officers charged with murder, his attorney argued that the prosecutor, the state attorney elected by the people was reckless and unprofessional when she stood on the steps on May 1st announcing the charges.

Remember, she read the probably cause statement, and the attorney said it was like it was a pep rally and there wasn't an inference of innocent until proven guilty. There was an inference of guilty now, and he said that is not right. A potential jury pool is watching that. The prosecution shot back and said, well, there is every reason in the world for her to read the public probable cause statement, and judge agreed. However, the judge did say that at one point where she was saying no justice, no peace -- and Marilyn Mosby said that several times that day -- she said he became an advocate at that point, not the state attorney, but this is not the proper venue in the courtroom to look at that issue. It is the office that deals with attorney complaints, and that is where the defense should go.

Meanwhile out here, there were peaceful protests. We heard there would be, and about four blocks away near the waterfront, which is really a high pressure socioeconomic area, there were protesters arm in arm. One was arrested. Furthermore than that it's been rather peaceful -- Brooke?

BALDWIN: A good thing to hear.

We'll bring you back when we know about those officers and whether they will be tried separately or together.

Jean Casarez, for now, in Baltimore, thank you.

More on the search now for three suspected cop killers in Illinois. This is expanding now, the manhunt. Up next, we'll talk to the men leading this disparate search. This is CNN's special live coverage.

(COMMERCIAL BREAK)

[14:38:42] BALDWIN: All right. More breaking news out of Bexar County, Texas. Authorities investigating the deadly police shooting of a man near San Antonio. We now know that there is a second video of this incident. According to the sheriff, who we just heard from, that video shows the suspect, Gilbert Flores, holding a knife in one of his hands. Thus far, though, that video, that second video, has not been made public.

Joining me now, the Bexar County district attorney, Nico LaHood.

Nico, thanks so much for taking the time.

Just heard from the sheriff. She detailed -- well, she didn't detail it. We know she has seen, and gave rough details about the second video, which is described as being more clear and has a much longer bit before the shooting, of the confrontation. Have you seen it? Tell me what it shows.

NICHOLAS LAHOOD, BEXAR COUNTY DISTRICT ATTORNEY: Yes, ma'am, I have seen the video, and I will agree with her that the second video gives us a better angle and a closer viewpoint of the incident so it's much more helpful in an evaluation on the legal standard that we'll be looking at once the case is handed over to us.

BALDWIN: Who took that video, Nico?

LAHOOD: I'm not at liberty to say. I'm telling people it's a lay person, a non-law enforcement person, and a non-family member to Mr. Flores.

BALDWIN: So we could call that person a witness. Somebody in the neighborhood?

LAHOOD: Yes, ma'am.

[14:40:05] BALDWIN: Can you tell what led to the shooting? Any details about the verbal exchange back and forth as part of the confrontation?

LAHOOD: There are some details, and at this point, I don't want to compromise the investigation the sheriff and her office are conducting right now. I'm going to reserve comment on that. They were called out for a family disturbance. It escalated obviously from that point. And then at that point in time -- and when we look at this, we'll look at a snapshot in time of when those officers decided to use force that ended up being deadly force when we make our determination in what the next steps are.

BALDWIN: What has that officer told you all as far as what sort of threat or immediate threat he felt whatsoever in those moments?

LAHOOD: We have not spoken to both deputies. They gave statements, which is part of the sheriff's investigation, that will be handed over to us when they finish their investigation. Under Texas law, we're going to make an evaluation of whether it was a reasonable belief that those deputies were in apparent danger. And then there's a third component to that, which is called immediacy, which means immediate. So basically, was it reasonable, their behavior? Were they in apparent danger? And was that apparent danger immediate? That's the legal analysis we're going to be looking at when the case comes to us and when we look at that snapshot in time.

BALDWIN: Nico, help me understand what these deputies were walking into. I understand it was a domestic call. What more can you share?

LAHOOD: I think it's been out there by now that there were statements, allegedly by Mr. Flores, the deceased, that there would be some type of suicide by cop or something of this nature. It was a volatile situation. But again, you have to look at snapshots in time when force and the escalation of force were being used by a law enforcement officer, and we'll do that. And that's why what told a lot of people, it's premature for me to make a conclusion right now or to make any conclusionary statements until I get all the evidence, our office gets all the evidence from the sheriff and they close out their investigation. We have been told -- and I won't hold you to a specific date -- that if could happen at the end of this week. If it doesn't happen by the end of this week, of course, next week will be reasonable but it's going to be relatively soon.

BALDWIN: Nico LaHood, out of Bexar County, Texas, thank you so much for the time. Appreciate it.

LAHOOD: Yes, ma'am. Thank you, ma'am.

BALDWIN: Thank you, sir.

Coming up next, more on our breaking news in the search for those three suspected cop killers. The search zone is now expanding. Up next, we'll talk to the man who is leading this desperate hunt. Stay with us.

(COMMERCIAL BREAK)

[14:46:57] BALDWIN: Tonight, we know that there will be a vigil for police lieutenant, Joe Gliniewicz, who was just 52 years of age, one of four police officers killed in the nation just in the past nine days. Gliniewicz was murdered early Tuesday morning as he was investigating suspicious activity in the Fox Lake area of Illinois. It's about 90 minutes northwest of Chicago. Moments ago, police gave us an update on the search for the

lieutenant's killers, saying more than 400 officers searched every single structure in this two-mile perimeter. And now we know they are expanding the focus.

I have on the phone with me now, I have Chief George Filenko, of Round Lake Park Police, who is also commander of the Lake County Major Crime Task Force; and also I have with me on the phone, Lake County sheriff detective, Chris Covelli.

Gentlemen, thanks so much for hopping on the phone.

I'm sorry for the loss in this community of who sounded like an extraordinary man, a month away from retiring.

Chief Filenko, let me start with you. I know the perimeter in Fox Lake is no longer. Can you tell me where the search stands right now?

GEORGE FILENKO, CHIEF, ROUND LAKE PARK POLICE & COMMANDER, LAKE COUNTY MAJOR CRIME TASK FORCE (voice-over): Well, right now we've got over 100 investigators, both task forces. We have investigators from the U.S. Marshall's Office and the ATV assisting us. And we're going neighborhood-to-neighborhood doing a canvas/search operation for any potential witness or anybody who may have heard or seen anything the morning of the murder.

BALDWIN: Chief, I understand there is a major highway around the Fox Lake area and saw train tracks as part of the search yesterday. How do you search for three individuals who could have been long gone?

FILENKO: Well, there's a process in place with any homicide. I mean, unfortunately, this one involves one of our brother officers, but first and foremost, you know, we're going to get a lot of information hopefully from the crime scene itself. Waiting for some of the autopsy results to come in. As is common practice nowadays, most businesses and even private homes have some enhanced video systems so we're hoping to retrieve, and we've already begun retrieving video from the area. And then also, just as in any situation, not just a home side, but any crime, we rely on general public to provide us information.

BALDWIN: On that last note, Detective, let me follow up on that with you. You know, with regard to any potential surveillance video, and these days, you know, this seems to be cameras everywhere which hopefully in this case will serve you all in finding these three, why not release any kind of video? Why not get it out to the public, you know, saturate the airwaves so people can hopefully I.D. these guys?

[14:50:00] CHRISTOPHER COVELLI, DETECTIVE, LAKE COUNTY SHERIFF'S DEPARTMENT (voice-over): We're still going through and analyzing all the video right now, so, I mean, it's a process. It does take time, but as things develop and things progress, you know, we definitely could be looking to the public for help.

BALDWIN: Do you have any clear pictures of these three?

COVELLI: Not as of this time, we do not.

BALDWIN: OK.

And then, chief, you mentioned the autopsy has been completed on this officer. The scene has been processed with the forensics. What exactly could you all use from those two to determine, to get clues to figure out who these three are?

FILENKO: Well, with regards to the autopsy, obviously that's going to give us some details as to the extent of the injuries. Any other -- any other issues or evidence with regards to the clothing the officer was wearing is with regards to the crime scene itself, that speaks for itself where there's, you know, there's potential for recovery of certain materials that may have been inadvertently dropped by the suspects. There's the potential to recover personal items. This is a fairly vast area, and we have recovered some clothing and specific parts of this area. We're not sure whether it's related to this incident. But, again, forensic evidence is going to be key in telling us at least some of the story of what happened here.

BALDWIN: Chief Filenko and Detective Covelli, thank you so much. Best of luck. I hope you find these three very soon.

Coming up next, heart-wrenching images here. Families desperate for a better life, willing to risk it all for their children, and some of the smallest travelers, sadly, do not make it. Their stories, next.

(COMMERCIAL BREAK)

[14:57:09] BALDWIN: I'm Brooke Baldwin. Here in America, police are in the headlines, the presidential race, the stock market, and rightfully so. I just want to take a moment to shine a spotlight on a crisis unfolding before the world's very eyes, and today, the most disturbing reminder that life is so valuable. Before I show you this piece of video, an image you will not soon forgot, I want you to know this. Half a world away, cities lie in ruin. Suffering, slaughter is all too common. Thousands of innocent people, families -- moms, dads, brothers, sisters, grandparents, babies -- are desperate to escape war, Terrorism, crushing poverty, desperate to escape places where life is uncertain. They are running, tired and hungry and weak. They are heading for Western Europe, sometimes without knowing where they are going at all. Some live to tell their stories of survival and others do not. Some escape in trains, others in boats. Many of them Syrians, called migrants and refugees.

Which brings me to the picture I'm about to show you. It is an extremely disturbing image, but it's an image that tells the story not of migrants but of people, young ones.

This little boy. We don't know his name. We don't know his family. But we know he is one of a dozen people who drowned when two small boats, en route to a Greek island, sank. His body right there washing ashore on the sands of a resort where people vacation. You see him, face down, lifeless. They carried this little boy away because he didn't live to tell his story. So today, we must.

Our senior international correspondent, Arwa Damon, has been following this devastating story and is live in Budapest right now.

Arwa, for those who do survive, what help are they getting?

ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Very little at this stage, Brooke, and that's really part of the problem. I mean, if the world is not moved by that image of that little child having washed ashore, if they are not moved to try to do something to help the plight of the people, it's hard to see what else is going to.

We've been here at the train station in Budapest where there are hundreds if not upwards of 1,000 people, mostly from Iraq and Syria, most who did survive that treacherous journey across the Aegean or across the Mediterranean and then began their trek throughout Europe, but they have been stuck here in Budapest, unable to move forward, unable to reach western Europe's wealthier nations, which is where they are trying to go.

They are going there because they don't believe that they have a chance at life back home. They are going there, because as so many parents have told us and this is why they do take the risk with their children, they believe if they stayed pack in their respective homelands of Syria and Iraq they would end up dead anyway so many, yes, make that phenomenally impossible decision to put their children through this very perilous journey because they want to give them a future, any sort of future.

Now at this stage, so many of them unable to move on, ending up living in the streets here in Budapest, here in the strain station, because the authorities at this stage are not permitting them to board the trains onwards to Germany. They are caught in limbo and the mess that is E.U. law and regulation, and so desperate for anyone to help them at this stage, especially all that they have been given through -- Brooke?

BALDWIN: Please continue to shine a light on what is happening there.

Arwa Damon, thank you.

ANNOUNCER: This is CNN breaking news.

[14:59:57] BALDWIN: We continue on. Hour two. You're watching CNN. I'm Brooke Baldwin.

Breaking news from the suburbs northwest of Chicago. The ground hunt there for those three suspected cop killers has closed in one area, but the search -- having just spoken with the chief and a detective there -- that is far from over.