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New Day Sunday

Colorado Springs Mourns Slain Officer; First Freddie Gray Trial Begins Monday; New Look at Tamir Rice Shooting. Aired 7-7:30a ET

Aired November 29, 2015 - 07:00   ET

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

[07:00:06] CHRISTI PAUL, CNN ANCHOR: We are so glad to have you with us this morning.

VICTOR BLACKWELL, CNN ANCHOR: Always good to be with you. A lot ahead on the next hour of your NEW DAY and it starts right now.

(MUSIC)

(BEGIN VIDEO CLIP)

BLACKWELL (voice-over): New details this morning out of Colorado. Hear what the man accused of killing three at a Planned Parenthood clinic told police moments after laying down his gun. There is new information emerging about a possible motive.

PAUL (voice-over): Plus, a new look at the Tamir Rice shooting. We have enhanced images of the moments leading up to the death of the 12- year-old boy.

BLACKWELL: And his campaign is struggling, but now, Chris Christie gets a big boost for his White House run. Will this endorsement keep his presidential dreams afloat?

(END VIDEO CLIP)

PAUL: We are so grateful to have your company. I'm Christi Paul.

BLACKWELL: I'm Victor Blackwell. Good morning to you.

And we are start with these disturbing new details about a possible motive in the attack at the Planned Parenthood clinic. Three people killed there as you remember. Nine others injured.

PAUL: Sources tell CNN that the accused shooter Robert Dear mentioned, quote, "baby parts," expressed anti-abortion views and anti-government statements to investigators. But officials cautioned it is just too early to be certain what his intent really was there.

BLACKWELL: CNN also learned that propane tanks were found near the suspect's car which may have been intended to spark an explosion.

PAUL: We are also getting a new look where dear lived. He reportedly moved to Hartsel, Colorado, about a year ago. Neighbors describe the area and you can see it for yourself, off the grid.

(BEGIN VIDEO CLIP)

ROBERT DAIRYMPLE, LIVES IN HARTSEL, COLORADO: We have a lot of recluse, out in the middle, nowhere out here. If you drive around, there is little shacks and trailers and campers. He could have been in any one. I don't know who he was. He didn't frequent the bar or we probably known who he was.

(END VIDEO CLIP)

BLACKWELL: We will talk about that suspect in a moment.

But, first, we want to show you the police officers and community members who have come together to honor and mourn the three people killed in this siege. Last night, there was a vigil held for Officer Garrett Swasey. While the attack was going on, he heard the radio call for backup and then rushed from his post at a campus there in Colorado Springs, the University of Colorado. He rushed over to help.

Yesterday, his colleagues remembered him as a devoted officer, devoted husband and father.

(BEGIN VIDEO CLIP)

CHIEF BRIAN MCPIKE, UCCS POLICE: Garrett stood for something. Garrett stood for our American flag. He stood for justice. He stood for our university. He stood for our law enforcement brethren. Garrett was an amazing, amazing individual.

She knew Garrett. She knew Garrett would not -- not go. She knew.

And she said to me that he knew. He knew the risks and he loved what he did. He dedicated himself to being here. He dedicated himself to this profession and there's no way -- there's no way I think I could have done anything different to make him a better officer.

(END VIDEO CLIP)

BLACKWELL: Our Stephanie Elam is live there in Colorado Springs, with more on the first responders in this situation.

Stephanie, good morning.

STEPHANIE ELAM, CNN CORRESPONDENT: Good morning, Victor.

You hear how they are remembering Garrett Swasey. It's also important to remember that there were other officers and other people that were also injured. We won't know the names of the two other civilians that died on Friday until likely Monday and that is after the autopsy results are finished.

But we are learning more about what transpired and we now know that one of the officers that was hurt was SWAT officer Dan Carter. We have the audio of when he is calling in the fact that he has been shot. It's almost a little hard to listen to because you can hear the panic and the -- how upset he is in the moment. Take a listen.

(BEGIN VIDEO CLIP)

OFFICER: I've been shot. I've been shot.

DISPATCHER: Where at?

OFFICER: On the south side of Planned Parenthood.

DISPATCHER: Copy, on the south side of Planned Parenthood, been shot.

OFFICER: Shots! I'm under fire. I'm shot! I'm hit.

DISPATCHER: Where was he shooting you from? Where's he at? Fifty- three, go ahead.

OFFICER: Right there in the parking lot, I was shot in the leg.

(END AUDIO CLIP)

ELAM: And we now know as well that of the nine people that were hospitalized, that we understand that five people still remain hospitalized. So, some people recovering enough to go home, that's the good news. But still a devastated community here in Colorado Springs -- Victor.

BLACKWELL: Certainly. We see there by the flashing lights behind you this morning that the investigation likely at the scene continues.

Stephanie Elam for us there in Colorado Springs, thanks so much.

PAUL: Before becoming a six-year campus police veteran, one of Officer Swasey's first love was ice skating.

[07:05:00] He was actually skating partners with former U.S. national champion Nancy Kerrigan. The two were childhood friends growing up in Massachusetts and she says she is just heartbroken by his death, saying he was like a little brother to her.

(BEGIN VIDEO CLIP)

NANCY KERRIGAN, FORMER TRAINING PARTNER OF OFFCER SWASEY: A true friend, just very loyal, and loving, caring person. Good listener. He was sort of passionate about everything. Everything was done with great big giant smile and he had fun in life. So sad. He's got two young kids that they literally run to him every time he comes in the door.

(END VIDEO CLIP)

PAUL: So, the investigation is ongoing into Friday night's attack. The FBI, we understand, is conducting their own examination as to what happened to determine whether federal charges should be filed here.

I want to bring in criminal Pat Brown, though. She's the author of "Killing for Sport: Inside the minds of serial killer." I want to make it clear we are not defining the killer as a serial

killer. But this is Pat's field of study and her expertise.

And, Pat, I know that a neighbor says the suspect gave him an anti- government flier. Let's listen to what this neighbor had to say about the suspect.

(BEGIN VIDEO CLIP)

ZIGMOND POST, NEIGHBOR OF ACCUSED SHOOTER: They were nice, really nice guy, you know? Talking to us and everything. Gave us some anti- Obama flyers, little pamphlets and I didn't even really read them. I just -- I think I used them to start the fire in our camp fire that night.

(END VIDEO CLIP)

PAUL: Again, there are reports that he did say some things that seemed to indicate an anti-government view to investigators since his arrest. What does that specifically -- you know, that background on him tell you, if anything?

BROWN: Well, I'm a little disturbed because I made an agreement with CNN to appear this morning only under the condition that we do not talk about the particular shooter, use his name, or show his face. Not to talk about the particular mass murder. I do not do that. I took a stand three years ago not to talk about individual mass murderers because I believe we in the media are increasing the number of mass murders.

It has tripled in the last decade and it's my belief that the notoriety we give them does this. I came on this morning to talk about the media's role and responsibility in stopping, talking about the mass murders. We don't need to that. They are the same mass murderer all the time.

All we need to say is this: attention seeking psychopathic loser has created a crime and not talk about any minimum more. The motive is always the same, power, control, and attention in the media and what we are giving him every time we talk.

We need to stand down as a country and say we don't need to hear any more about these mass murderers. We are going to stop talking about them. We are not going to name them and we are not going to show their face and we're not going to sit here and discuss forever and ever and ever what his motive is because it doesn't matter.

He's a horrible criminal. He has committed a heinous crime. Put him away and that is the end of it.

PAUL: OK, I understand that. And I respect your views on that, surely. But we certainly can talk about the investigation into what is happening, can we not?

BROWN: No, we cannot. I specifically said I will only come on if we don't talk about this individual mass murderer. We do not need to do that.

That is my stand for three years. And I was surprised actually that I got to come on this morning --

PAUL: OK.

BROWN: -- because in three years I've given the same statement and turned down three years and I was so happy that CNN was going to let me come on and talk about the media's role and responsibility and the increase of mass murder so thank you for that but I'm sorry we didn't stay with the topic I came on to talk about.

PAUL: I understand and I respect your views. I thank you for coming on.

BROWN: Thank you.

PAUL: Absolutely.

BLACKWELL: Let's be clear and let me read from the e-mail from Pat Brown. Here is the quote. "Is my segment free of any photo or name of the mass murderer?" That segment did not have any photograph nor use the name of the suspect and we held to that agreement.

Moving on. Six Baltimore police officers charged in the death of Freddie Gray. The first trial starts about 24 hours from now. What we know about the charges, the jurors, and the evidence. That's next.

Plus, who could forget the image of the little 2-year-old Syrian boy who drowned off the coast of Turkey a couple of months ago? You remember he was there on the beach fully dressed? Well, today, new details today for the country offering refuge for that child's family.

Protests and rallies around the world this hour as the climate change summit is set to begin in Paris. We'll take you there.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: No major governments around the world is legislating near enough to do something.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[07:12:49] PAUL: Well, jury selection begins tomorrow in the trial of William Porter, the first of the six Baltimore police officers to stand trial in connection with the arrest and death of Freddie Gray, an incident that sparked protests, remember, and rioting.

Here is CNN's Miguel Marquez taking a closer look at this case.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Murder, assault, misconduct, they are among the charges six Baltimore police officers face in the wake of Freddie Gray's death. Prior to the court issuing a gag order in the case, CNN confirmed key details about the defense's strategy.

ANDREW ALPERSTEIN, CNN LEGAL ANALYST: The defense for the officers that are going to be related to what happened in the van.

MARQUEZ: The van in that 40-minute ride Gray took after his arrest. The defense tells CNN it will contend Freddie Gray's death was tragic but an accident, that it was Gray, himself, who handcuffed and shackled and struggled to his knees when the transport vehicle came to a normal stop and Gray lost his balance and pitched forward falling with all of his weight and causing the injuries that eventually killed him.

Defense medical experts expected to testify and hammer away at the Baltimore medical examiner's finding of homicide as the cause of death.

Andrew Alperstein has represented Baltimore police officers and knows the defense attorneys involved.

ALPERSTEIN: They're going to argue exactly that. That this was a normal stop or maybe he just fell down on his own while the vehicle was moving.

MARQUEZ: But different officers face different charges. First to face trial, William Porter, 25 years old, on the force since 2012, charged with involuntary manslaughter, second-degree assault, misconduct and reckless endangerment. He made statements potentially incriminating other officers. He told the van's driver Caesar Goodson, who faces the most serious charge of second-degree murder, that Gray might need medical attention.

The key question -- did Porter ignore Gray's life-threatening injury?

Miguel Marquez, CNN, Baltimore.

(END VIDEOTAPE)

BLACKWELL: All right. Joining us now for more, CNN law enforcement analyst Art Roderick, and CNN legal analyst Danny Cevallos back to talk about this.

Danny, I want to start with you.

[07:15:00] As we just heard from Miguel, Caesar Goodson faces the most charge here, second degree murder. So, why start with William Porter?

DANNY CEVALLOS, CNN LEGAL ANALYST: One of -- I think one of the biggest victories for the defense here started before the trials began with the severance of all of these defendants, because what's going to happen is we are going to get a view of why this defendant is charged first, what, if anything, he offers as testimony against his brother officers. But most importantly, the prosecution, instead of trying a bunch of people together and allowing the jury to just sort of mold all of their actions into one concerted effort, instead they are going to look at one piece of the pie, one piece of what one officer did and be left trying to piece together whether that particular officer's contributions rise to the level of the crimes for which he is charged.

I think the severance of these defendants is a major plus for the defense and I think even with that, looking at the video too and asking -- asking a jury, I think of -- in closing arguments, saying to the jury, what you see in this video, can you attribute all of that to this particular officer? And I think that is a difficult case to make, but certainly not insurmountable.

BLACKWELL: All right. Let's talk about this van, art. The judge in this case, judge Williams, reported ruled that jurors could look inside the van, but banned the inclusion of evidence that gray was not belted in and that it was negligence. What's the value here you see?

ART RODERICK, CNN LAW ENFORCEMENT ANALYST: Well, obviously, when you put something in the back of a cruiser, standard operating procedure is to belt them into the seat, to make sure that if the cruiser is involved in a traffic accident or comes to an abrupt stop, that the individual isn't pushed up against the screen or the plate between the front seat and the back seat.

Obviously, that's a huge bit of information. I think here, this is, obviously, a very complex case. I agree with Danny that due to the severance of this case, the jury really is going to have to put pieces together that they are not going to hear about in the trial as to what other law enforcement officers were doing and I think that is where the confusion can come in as to what -- you know, is a reasonable -- reasonableness involved and what the officers did individually as opposed to a group.

BLACKWELL: Important detail, Danny, reported by "The Baltimore Sun" this weekend that the judge in this case previously work for the Department of Justice prosecuting police misconduct. I mean, is that helpful to the state or are we just talking about a judge here who knows the field and knows what he is talking about?

CEVALLOS: Judges have to come from somewhere and not surprisingly, many of them are former prosecutors, whether federal or state. And, of course, some of them are prior defense attorneys and public defenders.

If you ask defense attorneys especially, I think the general consensus is that even a judge who is formerly a prosecutor might actually be tough on prosecutors and vice versa. A former public defender or defense attorney turned judge might be particularly intolerant of his brother defense attorneys when he is on -- he or she is on the bench.

So, while there is some general sort of mythology about judges and their prior lives, there are just as many examples of judges who take a very -- take a converse view of their former profession.

So, I mean, look, judges all come from somewhere. They were obviously attorneys in former lives, and of those jobs many were former U.S. attorneys or former prosecutors. So, that isn't much of a surprise. It may give you a bit of an inkling, but just as with jury selection, that is engaging in a bit of astrology.

BLACKWELL: A jury selection here, I'm not going to ask you to put on your legal hat, Art, but I wonder, with such a high profile case, the impact there on this community, I'm sure you've worked in communities where there have been high profile cases and the impact on not the community, but also the police department.

RODERICK: I mean, I think we all recall what impact this whole case had on the city -- the riots, the looting, the law enforcement officers who were hurt. I'm just kind of surprised. You know, it's going to be difficult, I think, to find a jury pool that doesn't know anything about this in this particular jurisdiction.

So, I think it's going to be very difficult and as always, I think Danny will comment more on this, since I've been in law enforcement for 40 year, I spent a lot of time in federal court, but jury selection is going to be the key to a lot of these cases.

BLACKWELL: All right. We got to wrap it there. Art Roderick, Danny Cevallos, thank you both.

PAUL: It is a new look at the shooting of Tamir Rice. Prosecutors now releasing enhanced images of what led up to the 12-year-old boy's death by the Cleveland Police Department. Can it help us better understand what happened here.

[07:20:00] BLACKWELL: And the family of a refuge toddler who drowned off the coast of Turkey is being offered asylum today. We will tell you which country is offering him.

(COMMERCIAL BREAK)

BLACKWELL: Prosecutors in Ohio release new evidence in the police shooting of 12-year-old Tamir Rice. Actually, it isn't new. They just stitched together 326 still images of the video we have seen, building a frame-by-frame analysis of the boy's death a little more than a year ago. Rice was shot outside of a recreation center after police say he reached for a gun which turned out to be a toy that was there in his waistband.

PAUL: In Pennsylvania, a 20-year veteran police officer was killed while responding to a domestic dispute call last night near Pittsburgh. Investigators say 31-year-old Ray Shetler, Jr., shot Officer Lloyd Reed and ran from the scene. Police later arrested Shetler after a manhunt that lasted more than five hours.

BLACKWELL: Protests continued in the streets of Chicago over the death of the investigation into the shooting of Laquan McDonald. Peaceful protests and they want top city officials to now step down. Many also allege a year-long cover-up with a graphic video showing McDonald's death. The video appears to show an officer opened fire after shortly arriving there on the scene, 15 bullets in 16 seconds.

PAUL: Israeli police shot a Palestinian man who stabbed a border officer in the neck. Now, the officer's wounds were moderate. Hours later, a second Palestinian stabbed a Filipino woman in the back while she was waiting on the bus. The attacker ran from the scene.

[07:25:00] But these are the latest in a nearly daily attacks in Jerusalem in the past two months.

BLACKWELL: Do you remember the 2-year-old boy, Syrian boy who drowned off the coast of turkey? It was September and his body washed up on the shore and it spurred the outrage that became the rallying cry to help the Syrian refuges. Well, now, that toddler's aunt says Canada has responded by granting asylum to the boy's extended family.

PAUL: And another rally cry from around the world. Leaders gathering in Paris right now for the much anticipated summit on climate change.

BLACKWELL: And as the leaders of more than a hundred countries arrive for the summit, see how security levels are increased and the precautions being taken.

(COMMERCIAL BREAK)

PAUL: Well, President Obama is set to head to Paris in a couple of hours and is said to be -- this is said to be a make or break time for world leaders when it does come to climate change.

CNN's Phil Black is live for us in Paris with more.

Phil, we know a lot of eyes are on this conference and we know that the goal is to secure a global deal on limiting greenhouse gas emissions. How likely is it that that might happen?

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: Well, there's some reason to be optimistic here, Christi. On one hand, the shadow of the recent terror attacks here in Paris looms all over this. And for President Obama in the coming days, you're going to be hearing, seeing words, gestures of solidarity with the French people, words of defiance, talking about the fight against ISIS. That's going to happen at the highest levels.

But at the same time, the primary reason for President Obama and 146 other heads of state coming here is the fight against climate change.