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Chicago Officer Charged with First-Degree Murder; Russia: Jet Shootdown "Planned Provocation"; Belgian Police Identify New Terror Suspect Aired 9:30-10a ET

Aired November 25, 2015 - 09:30   ET

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


[09:30:00] DANNY CEVALLOS, CNN LEGAL ANALYST: Short period of time. A matter of seconds. The fact that this person has a knife, is a weapon, and that is what he's going to - he's going to say that this movement led me to believe that I needed to use lethal force. But then we get into the problem. That may justify shot number one. It may justify shot number two. But what about shot 15 and 16 when this individual is laying prone on the ground? Those shots, those final shots, must also have justification. And that will be very difficult given what we see on this video.

CAROL COSTELLO, CNN ANCHOR: Elgie, the most disturbing part of this perhaps is that this police officer that's been charged with this shooting has - well, he has been complained about a lot in the past. Eighteen citizen complaints filed about this single officer and he's never been disciplined for any of them. How can that be?

REP. ELGIE SIMS (D), ILLINOIS STATE REPRESENTATIVE: Carol, I think that's what your - what you're articulating is what many in the community are feeling are problem - are having problems with today. They're having problems with the fact that there did not seem to be any action about or regarding this officer to stop this - to stop this incident. There were numerous charges beforehand, but there did not seem to be any action taken against this officer.

And additionally, after the incident, he still remained employed by the Chicago Police Department. And many want answers for that. They want to know why this officer remained on the - on the Chicago police employment role until yesterday. But those - so those are very difficult questions we're going to have to answer and the Chicago Police Department has answered those and they took action yesterday. But many in the community still feel that more could have been done. And it took a long time to get action on this - against this officer and justice for this family and justice for the community. And I think most feel that that took too long.

COSTELLO: So, Danny, of course the police department was aware of this officer's record, right? They were aware of this terrible video. So why did it take them so long, almost like 399 days or 400 days or something to finally file charges?

CEVALLOS: Carol, as a defense attorney, I'm always surprised that everybody gets so angry when charges are not filed right away. If anything, the delay enures (ph) to the benefit of the prosecution. Consider, for example, a defendant's speedy trial rights. If you file charges, you have 120 days in Illinois to bring your case to trial. And if you don't, you've violated the defendant's speedy trial rights and you run the risk of having your entire prosecution dismissed. If you instead wait, remember, we all know that the statute of limitations for murder is, there is no statute of limitations for murder. So then, if you wait, take your time, collect all the evidence - and this was a joint investigation, federal and state, you marshal all of your evidence from all the agencies and you take your time because you have no statute of limitations. Once you know you have a case, you can file. And then you don't have to worry about running afoul of speedy trial rights.

To those people who complained, who cried foul when there isn't a prosecution brought immediately within a month, you're not beating the right drum. If anything, you should be thrilled that the prosecution is taking their time, investigating, so that when they feel they have an airtight case, they file it and they believe they can win.

COSTELLO: Elgie, I don't think many members of the community would be comforted by that.

SIMS: Danny, I appreciate that but - well, yes. And, Carol, again, I appreciate Danny's perspective, but in all due respect, I think most would feel that 400 days is too long and we - we have the evidence. What -

CEVALLOS: Why? Tell me why. Just tell me why is what - cite what authority that 400 days is too long?

SIMS: Well, let me - well, let me finish.

CEVALLOS: Go ahead.

SIMS: Well, if you - if you'll let me finish. I didn't cut you off. Let me finish. Most folks would feel that you have to have the opportunity. You have the video. While there was the opportunity - and this was a joint investigation. You just mentioned, 120 days is the standard. But what happened on day 121? So we've gone over - we've gone 400 days before - without having action taken on this. And I agree, we want this case to be prosecuted effectively. And we want the case to be airtight. But you've got - you've got a set of facts before you. Investigate them appropriately and then move forward from there. And that's - that's -

CEVALLOS: That still doesn't answer my question. That's the problem.

SIMS: That fuels - that fuels the - it fuels the feelings of some in the community that there is a cover up going on. Not that I'm suggesting that there is a cover up going on, but that fuels - that fuels it and the fact that -

CEVALLOS: I think you are suggesting it. But the difference is -

If this were someone else, charges would have been brought swiftly. And i think --

SIMS: If this - if this were - if this were a (INAUDIBLE) - CEVALLOS: So you're - you're making my point for me.

SIMS: If this were - if this were someone else - if this were someone else, charges would have been brought swiftly. And I think that's what you're seeing (INAUDIBLE).

CEVALLOS: If things were different, it wouldn't be the same, Elgie. If things were different, they wouldn't be the same.

COSTELLO: All right.

CEVALLOS: So, in other words, your demand -

SIMS: (INAUDIBLE).

CEVALLOS: Your demand for justice swiftly is just you feel like it should be done. So you're making my point for me.

SIMS: No. No.

CEVALLOS: I understand that sentiment. But if prosecutors want to win, they have to take their time.

SIMS: No, I'm not. I'm not (INAUDIBLE) at all.

[09:35:00] And I - and I, again, I agree that we want this case prosecuted effectively. We want this - we - it - what - from based on what we've seen, we want a conviction done swiftly and done effectively, but we want it done right. But it - it - I think that's (INAUDIBLE) 400 days was too long.

CEVALLOS: That's exactly what I was saying, Elgie.

COSTELLO: And in fairness -

SIMS: I agree.

COSTELLO: And in fairness, Danny, the city of Chicago settled with the family a long time ago.

CEVALLOS: That doesn't have anything to do with the statute of limitations for murder. As a strategic consideration, if the prosecution wants to win, they put themselves under incredible time constraints if they charge a case too early. This is for the prosecution's benefit. I understand the sentiment that 400 days feels like a long time to wait. But strategically, it enures (ph) to the benefit of the progression. No question about it. Elgie, you know that's right. And that's just strategically the fact.

COSTELLO: I'm going to have to leave it there, but thanks. It was an interesting discussion.

SIMS: Well, again, Danny, I agree. But by the same token, you - this is - this is a different case. If there were a case of garden variety murder between two public citizens, or two private citizens, that would be one thing. But this is someone who was engaged or empowered with police powers. They are a public servant. They have - they have the ability to make a decision about someone's life or death. And that person - that person is held to a higher standard. And I think you heard the superintendent say that yesterday.

COSTELLO: All right, I have to leave it there. Elgie Sims, Danny Cevallos, thanks to both of you.

Still to come in the NEWSROOM, Russia lashes out, accusing Turkey of planned provocation. How Vladimir Putin is spinning the downed jet to Russians, next.

(COMMERCIAL BREAK)

[09:40:57] COSTELLO: A "planned provocation," that's how the Russian foreign minister is describing the shoot down of a warplane by Turkey yesterday, as it prepares to send antiaircraft missile defense systems into Syria and accuses Turkey of supporting ISIS. But despite the aggressive rhetoric and military actions, Russia says it has no intention of waging a war against Turkey. And for its part, Turkey is also urging calm.

To help us understand the conflict from inside Russia, we're joined by Anissa Naouai. She is the host of "In The Now" on Russia TV, a state- run news organization. And she is their senior political correspondent.

Welcome, Anissa.

Can you -

ANISSA NAOUAI, HOST, "IN THE NOW": Hello. Thanks for having me.

COSTELLO: Oh, good. Oh, good. I was just making sure you could hear me.

Turkey claims this Russian plane was inside its air space. Russia says that's not true. This, of course, is creating tension in the war on ISIS. So you're an American living in Russia and you report on Russia TV. What is the feeling inside Russia as to what happened?

NAOUAI: I think mostly a feeling of shock, really. When you look at - at the escalation, it kind of came out of nowhere and the reaction from NATO, at least seen from inside Russia, was kind restraint and seems like they feel like this is really something that Turkey and Russia need to work out. Just over a week ago, Putin was an anchor at the G-20, shaken hands with the Turkish prime minister. And then about 10 days later, a Russian jet is shot down and a Russian pilot dead. So this is most certainly an escalation.

Both sides are urging calm. But this is seen as something completely out of the blue essentially from Turkey. And a lot of questions are being asked here, like you said, by the foreign minister, by other officials here in Russia as to what Turkey's goal is in terms of security in the Middle East when a Russian jet is shot down, which essentially is trying to take out ISIS in the area, to take out terrorists, and why are they not working together as opposed to against each other.

COSTELLO: We understand that the Turkish embassy in Russia has been egged by citizens there. I don't know if you know that, but we just got word that that happened inside Russia. There are pictures of it right now. So Mr. Putin says he doesn't want to escalate tensions, but with the Russian people very concerned about this, do you think -

NAOUAI: But people are egging the Turkish embassy. I haven't - yes, I haven't heard about that. But I think that it's probably a dangerous thing to take the egging of a Turkish embassy, if that's true, as interpretation to Russia's reaction to a very, very serious geopolitical incident.

COSTELLO: All right, Anissa Naouai, thank you so much for joining me this morning.

OK, we just heard a little bit of the Russian perspective. Now let's talk about this from an American perspective. With me now, CNN military analyst, Lieutenant Colonel Rick Francona.

Welcome.

LT. COL. RICK FRANCONA, CNN MILITARY ANALYST: Good morning.

COSTELLO: OK. So Russia says the downing of its fighter jet was a planned provocation on the part of Turkey. Was it?

FRANCONA: I don't think so. I think it was a reaction to a series of provocations by the Russians. The Turks are very sensitive about that boarder and they're very sensitive about that particular area. Just to the south of that border inside Syria is the home of the Syrian Turkman. They're ethnic Turks. And the Turks have protected the Turkman minorities in different countries around the - around the region. So they're very sensitive to any - any Russian bombing of that area. And I know the Russian line is that they were bombing ISIS targets, but there are no ISIS targets in that part of Syria. What they were bombing were anti-regime Turkman Syrian rebels and the Turks watched this provocation. There were actually two orbits, two penetrations of their air space and they decided they were going to react. So I don't think it was planned. I think it was just falling into the Turkish rules of engagement.

[09:45:00] COSTELLO: So, Vladimir Putin keeps saying that Turkey is aiding ISIS. Is that true?

FRANCONA: Well, that - that's his opinion of it. And the Turks, if you look at their bombing campaign inside Syria, you could wonder, because they're really not striking ISIS targets either. Neither the Russians nor the Turks are doing anything against ISIS. The Russians are focused on anti-Syrian regime rebels. The Turks are focused on the Kurds who they believe are supporting the PKK, the Kurdish separatist movement. So they are both a little guilty here.

COSTELLO: So Russia is going to bring this missile system to protect its planes into Syria. Why is it doing that? Because ISIS doesn't have aircraft. FRANCONA: But the Turks do. They are very concerned about this

incident repeating itself. And they are also concerned about the other air forces operating over Syria. Now you have the U.S.-led coalition and they are very concerned these kind of events may happen again. So they have already moved the guided missile cruiser Moskva into the area right off of Turkey and that has an air defense system on it. They are bringing their state of the art air defense system, the S400, which is a pretty capable system. The Russians build great air defense systems. They are just doing what we would do. They are protecting their deployment to Syria.

COSTELLO: So we shouldn't look upon that as an escalation between Russia and Turkey.

FRANCONA: I wouldn't, Carol. I think that they are just being prudent military planners. If I was running this deployment I would have already had air defense missiles there. It is just part of the package you would bring when you deployment forces. We have air defenses where we go.

COSTELLO: OK. Lieutenant Colonel Rick Francona, thanks for your insight as always.

Still to come in the NEWSROOM, European authorities on the hunt for a new suspect in the Paris terror attacks seen at a gas station with one of the other terrorists just two days before.

(COMMERCIAL BREAK)

[09:51:23] COSTELLO: Brussels, Belgium, remains on the highest terror alert today even as the city tries to return to normal. Schools reopened today. Much of the city's metro system has resumed operation. The entire capital, though, was on lockdown for days in the wake of the Paris terror attacks. In the terror investigation, French and Belgian police are now hunting for this man. He's a suspected accomplice in the Paris attacks. His name is Mohamed Abrini. Authorities say he drove a car that was later used by the suicide bombers at the national stadium in Paris.

CNN's Alexandra Field is in Brussels with more. Hi, Alexandra.

ALEXANDRA FIELD, CNN CORRESPONDENT: Hey, good morning, Carol. They have Mohamed Abrini's picture but they are still, of course, looking for their man. There's an international warrant out for his arrest. His picture was taken by a camera at a gas station just two days before those attacks in Paris. With Abrini in those pictures, Salah Abdeslam. Both of them were seen headed from Brussels to Paris. Again, they were in the car that was used by the attackers who unleashed those suicide bombs at the stadium in Paris.

While this hunt continues for these men, the interior minister here in Belgium says that operations are certainly continuing to be ongoing to find anyone who is connected to the cell that carried out these attacks in Paris. That's why this city has been in lockdown for the last four days. But the lockdown is being lifted today. You've seen schools open, and we've seen the metro system open up again. People are bringing their children to school. They're out on the streets. They're returning to work. But life is not exactly back to normal here in Brussels, Carol. That's because you've got hundreds of military personnel who are securing the metro system. You've also got hundreds of police officers who are out in full force on the streets today as parents drop their children off at school.

We did speak to some parents. They say they did have some anxiety about letting their kids go back to school, getting back out on the streets. But really at this point, they feel they have no choice. They've got to let the authorities continue to do their investigation. At the same time, they're putting their trust in public officials that when the officials say it's time to open up the metros and schools, that they'll adhere to that and they'll try to resume those routines, carol.

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

Still to come in the "NEWSROOM," a newborn left abandoned in a church manger. The remarkable discovery next.

(COMMERCIAL BREAK)

[09:57:55] COSTELLO: Checking some top stories for you this morning at 57 minutes past.

ISIS is claiming responsibility for an explosion that hit a bus carrying members of Tunisia's presidential guard, killing 15 people. Authorities now investigating the blast as a terror attack and the capital city remains under a state of emergency.

The U.S. airstrike on Doctors Without Borders hospital in Afghanistan was the result of human error. The U.S. commander in Afghanistan today briefing reporters on last month's deadly incident. General John Campbell said a U.S. gunship misidentified the hospital as a Taliban compound several hundred meters away. 22 people died in the hour-long assault.

(VIDEO CLIP PLAYING)

As you can well see, this demolition of a smokestack in Alabama did not go as planned. So the man in charge took a piece of heavy equipment to finish the job. That didn't exactly go according to plan either. Tons of bricks came crashing down directly on top of him. Incredibly, he walked away dirty but unhurt.

(BEGIN VIDEO CLIP)

TIM PHIFER, DEMOLITIONS EXPERT: At that point, I had brick hanging. It's going to have to come down one way or the other. Stay in the ho (ph). The cab is made for that thing to turn over on top of it. You know, and I was safer inside the cab than coming out of it.

(END VIDEO CLIP)

COSTELLO: Hey, for someone who just cheated death, he sounded remarkably nonchalant. Maybe he's used to it after 20 years of blowing stuff up.

And in New York City, a church janitor finds a newborn baby in a manger. The baby was abandoned, left bundled in towels, the umbilical cord still attached. Police are now looking for the mother, hoping she's okay.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I believe that when this woman who came in with this child saw this empty home, this home in which will welcome Jesus in just a few short weeks, I believe she found in it a home for her child.

UNIDENTIFIED FEMALE: To hear something like this totally shocked me. I've never hear anybody giving (ph) a newborn -- And I've been here for 25 years. To me I call him baby Jesus already. A child is born. That's the way I look at it. In the manager of Holy Child Jesus Church.

(END VIDEO CLIP)