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Arraignment Soon of Michigan Uber Shooter; Is Trump Nomination Inevitable; Uber Shooter Arraigned. Aired 2:30-3p ET

Aired February 22, 2016 - 14:30   ET

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


[14:30:00] PAMELA BROWN, CNN ANCHOR: Ryan Young is here with more on today's hearing.

Really hard to make sense of any of this, Ryan, but is there any insight as to why Dalton just drove around, apparently, allegedly, randomly gunning down innocent people?

RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Really just a scary situation, and everyone here's still baffled by that. We believe police have some sort of motive in their minds. But they're not sharing that just yet.

My producer's just standing off to the side monitoring the courtroom because we believe in the next five minutes or so they'll have the first arrangement.

Of course, he shot and killed six people and there were eight people total shot. That first shooting happened with a mother who was with her children. Her children actually watched her get shot several times. She survived. Then he went on, four hours later, to that car dealership where he opened fire on that father and son. That son, just 17 years old. We know his girlfriend was there at the time. Witnessed this shooting and dove into the car to avoid being shot herself. And then 15 minutes later, he went to that cracker barrel restaurant and was there and shot two groups of women in two different cars. Four in total shot and killed. And then a 14-year-old who was shot. They, at first, thought she was dead but now we're told she's in critical condition. This has really shaken this community.

The idea not only could he just randomly shoot people, they made it clear he deliberately and sometimes even walked up and shot these people and then picked up Uber passengers. You heard that one guy talk about getting that phone call. They have confirmed to us he did talk to somebody during the shooting.

So, Pamela, a lot of questions still out there. We would love to know from the investigative side just about what they've been able to figure out.

BROWN: Can't wrap your head around this.

Ryan Young, thank you. We'll check back with you when he appears in court.

Up next, after his big win in South Carolina, many inside the GOP are wondering, is a Trump nomination inevitable? We will discuss.

Plus, Apple CEO Tim Cook with a letter to employees. He says granting the FBI's request to unlock the San Bernardino terrorist iPhone would be opening Pandora's Box.

Back right after this.

(COMMERCIAL BREAK)

[14:36:44] BROWN: Donald Trump's sweep of New Hampshire and now South Carolina are causing political observers to wonder if that means a nomination is not only possible but inevitable. Trump telling CNN unequivocally yes.

(BEGIN VIDEO CLIP)

DONALD TRUMP, (R), PRESIDENTIAL CANDIDATE & CEO, TRUMP ORGANIZATION: Bernie's not going to make it, in my opinion. Hillary won't make it. Frankly, if she gets indicted, that's the only way she's going to be stopped. I think it's going to be between Hillary and myself. They say it will be the largest voter turnout in the history of the United States elections.

(END VIDEO CLIP)

BROWN: So the headlines speak for themselves. Is there any stopping Donald Trump? Is he inevitable? If Trump can't stop Trump, who can?

Joining me now to discuss, Michael Medved, nationally syndicated radio talk show host and best-selling author.

Michael, thanks for coming on.

Here we are, back-to-back wins for Donald Trump. Trump won about the same share of the vote in New Hampshire and South Carolina, two vastly different states. Are you surprised how Trump has performed since Iowa? Because if I recall correctly, you were a little bit of a doubter, right, that Trump has this momentum?

MICHAEL MEDVED, NATIONALLY SYNDICATED RADIO TALK SHOW HOST & AUTHOR: Yes, again, it's the same -- similar percentage of the vote. It's below -- just above one-third in South Carolina and in New Hampshire. And what it still means is that there is the grape bulk of Republicans who can't stand him and won't support him. There's a ceiling. If you have two-thirds of the party that's voting against you consistently, that's not great. The one thing that's striking to me is if you talk about national approval ratings, Trump is 31 points negative, according to the new "Wall Street Journal" poll. Hillary's only 13 points negative. That's not a good situation for Republicans who actually want to win an election in November.

BROWN: But just lay it out for us. What is going on? Because people hear you say that, but yet the numbers tell a different story. Trump won by a pretty wide margin in South Carolina and New Hampshire. He was second in Iowa. What is this divide here? Where is this coming from? MEDVED: Well, it's very simple. If you take Marco Rubio's votes in

South Carolina and you add to them Jeb Bush's votes and the votes for Kasich, Rubio would have creamed Trump, he would have been seven points ahead almost. The truth of the matter is, Trump has been winning because of a divided field. That field is going to be less divided. I think if Rubio has a very good performance, a strong second place finish or even winning in Nevada, which is possible tomorrow night, they'll be enormous pressure on Governor Kasich to drop out, just as governor Bush did, and I think you can begin having a real and meaningful choice.

Donald Trump is very far away from persuading a majority of Republicans and this is not just a question of the so-called mythical establishment. This is a question of grassroots ordinary Republicans who I talk to all the time. It's what I do for a living. People poll call in, and lots of people who won't support Trump under any circumstances. And don't mean for just the nomination. I mean even after a nomination. That's a problem for a party that is starved for a victory against Hillary Clinton.

Look, Pamela, the Democrats in their Nevada caucuses showed they want to win. They may have a heart for Bernie. They may have a heart for more Socialist approaches. But they want to win. And they're sticking with Hillary. I think it's about time Republicans who really want to win this election actually have our voices heard.

[14:40:21] BROWN: You're saying as the field continues to slip down on the Republican side, that those votes will go to perhaps a Rubio or a Cruz. But Trump is saying, you know, the exact opposite, that he's going to take in those votes. And in fact, the field was almost slimmer during South Carolina and he did win by a pretty large margin. Why don't you think he's going to peel off some of those votes?

MEDVED: Well, again, he won with a third of the vote, which means two-thirds of the people voted against him. That was really -- that's what the election became. It became a referendum on Trump. And most Republicans voted no and I think will continue to vote no.

The question here also, Pamela, I think this is a very real possibility, something I've been talking and writing about for several months actually. I think it's entirely possible that Trump will amass the most delegates but will have less than a majority on the first ballot. If we go to a convention, and there is no first ballot majority -- it would be the first time at a Republican convention since 1948 -- then I don't think he has any chance at all of prevailing at the convention. And then you have an open convention, which is unpredictable.

Could even turn to someone else who isn't a candidate, who hasn't been dinged up by this entire process. Though I think that's unlikely because there appears -- even today, you can hear it and you can see it, a consolidation of the party behind Marco Rubio, who is a strong candidate. He and his victory statement in South Carolina -- Senator Tim Scott, the only Republican African-American Senator in the U.S. Senate, got up there and he said, we're going to turn the grand old party into the grand opportunity party. That's the kind of message I think that younger Republicans and, again, Republicans, who want to build the party, not just send a message, but build a party for the future and for future victories can rally behind.

BROWN: OK, Michael Medved, thank you very much. Appreciate it.

MEDVED: Thank you.

BROWN: Up next on this Monday afternoon, what is becoming a huge battle between the Justice Department and one of the world's most powerful companies. Apple's CEO Tim Cook telling his employees the FBI's request to unlock the San Bernardino's killer's iPhone is about much more than just one device.

(COMMERCIAL BREAK)

ANNOUNCER: This is CNN breaking news.

[14:46:42] BROWN: Jason Dalton, the Kalamazoo suspect charged with shooting and killing six people at random this past weekend, is now before a judge for arraignment. Let's take a listen.

UNIDENTIFIED JUDGE: Court calls the case of State of Michigan versus Jason Dalton.

Are you Jason Brian Dalton?

JASON DALTON, ALLEGED MURDERER: Yes.

UNIDENTIFIED JUDGE: This matter is scheduled for arraignment this afternoon. It is alleged by the people of state of Michigan that on or about February 20, 2016, that the following 16 offenses occurred. Count one, which is alleged to taken place February 20, 2016, in the township of Texas County, state of Michigan, that the defendant did murder Mary Lou Ney (ph). If guilty of this offense, punishable by a sentence of life in prison.

Count two of the complaint alleges on February 20, 2016, in Texas County, state of Michigan, that the defendant did carry or have in his possession a firearm, to wit, a pistol at the time he committed or attempted to commit the felony of open murder. If guilty of this offense, it too is a felony, punishable by up to two years consecutive with any attempted murder conviction.

Third count alleges on February 20, 2016, in Texas County, state of Michigan, that the defendant did murder Mary Jo Ney (ph). Guilty of this offense, it is a felony, punishable by life in prison.

Count four alleges on February 20, 2016, in Texas Township, Kalamazoo County, state of Michigan, that the defendant did carry or have in his possession a firearm or pistol at the time he committed a felony. If found guilty, punishable by up to two years consecutive with.

Count five alleges that on February 20, 2016, in Texas Township, Kalamazoo County, state of Michigan, the defendant did murder Barbara Hawthorne (ph), guilty of this offense, it is a felony, punishable by life in prison. Count six alleges that on February 20th, 2016, in Kalamazoo County,

state of Michigan, Texas Township, that the defendant did carry or have in his possession a firearm, to wit, a pistol, at the time he committed or attempted to commit a felony of murder. If found guilty of this count, it is a felony, punishable by two years consecutive.

Count seven, that the defendant did murder Dorothy Brown (ph). Guilty in this offense, it is a felony, punishable by life in prison.

Count eight alleges that at the same time taking place, the defendant did carry or have in his possession a firearm, to wit, a pistol, at the time he committed or attempted to commit the felony of open murder. Guilty of count eight, it's a felony punishable by up to two years consecutive with and preceding any term of punishment imposed for the felony or attempted felony.

[14:50:21] Count nine, alleged on February 20, 2016, in the city of Kalamazoo, Kalamazoo County, state of Michigan, that the defendant did murder Richard Smith (ph). If guilty of this offense, it is a felony, punishable by life in prison.

Count 10 alleged that the defendant did carry or have in his possession a firearm, to wit, a pistol, at the time he committed or attempted to commit a felony. If guilty of this offense, it's a felony punishable by two years consecutively with and preceding any conviction.

Count 11 alleges that on or about February 20, 2016, in the city of Kalamazoo County, state of Michigan, that the defendant did murder Tyler Smith (ph). Guilty of this offense, it is a felony, punishable by up to life in prison.

Count 12 alleges at the same time, the defendant did carry or have in his possession a firearm, to wit, a pistol. Guilty of this offense, punishable by up to two years in prison consecutive with and preceding any charge for attempted felony or felony conviction.

Count 13 alleges that on February 20, 2016, in Texas County, Kalamazoo County, state of Michigan, that the defendant did make an assault on A.K., a minor child, with intent to commit the crime of murder. If guilty of this offense, punishable by life for any number of years.

Count 14 alleges at same time defendant did carry or have in his possession a fire arm, a pistol, at which time he committed or attempted to commit a felony, that being assault with attempt to murder. If guilty of this offense, it's a felony punishable by two years consecutively with and preceding any term of punishment imposed by the felony or attempted felony conviction.

Court 15 alleges o February 20, 2016, in Kalamazoo County, state of Michigan, that the defendant made an assault upon Deanna Carruthers (ph) with the intent to commit the crime of murder. It's punishable for life or any number of years.

Count 16, alleges at the same time the defendant did carry or have in his possession a firearm, to wit, a pistol, at the time he committed or attempted to commit a felony, that being assault with attempt to murder. If guilty of this account, it is a felony punishable by up to two years for any term of punishment imposed for the felony or attempted felony conviction.

Do you understand the charges being made against you, with the maximum sentences I just stated?

DALTON: Yes.

UNIDENTIFIED JUDGE: You have the right to the assistance of an attorney and the right to be represented by an attorney in all subsequent proceedings in this matter. If you are indigent and cannot afford an attorney, the court will appoint an attorney at represent you at the public's expense. Remain silent. Anything you do say orally or in writing can be used against you in court. You have the right to have an attorney present during any questions to which you consent.

If you do you intend to retain a private attorney or do you want the court to appoint an attorney for you at this time?

DALTON: (INAUDIBLE)

UNIDENTIFIED JUDGE: You have the right to have a probable cause conference within seven to 14 days and the right to have a preliminary examination five to seven days there after. Those have been scheduled. The next court appearance will be a pre-exam conference is scheduled for Thursday, March 3rd, 8:30 a.m., in courtroom M of Michigan Avenue courthouse. Preliminary exam itself is scheduled for March 10, 2016, 1:30 p.m. here in courtroom M of the Michigan Avenue courthouse.

With regard to bond, is there anything you wish to tell the court at this time concerning your connections with the community?

DALTON: (INAUDIBLE)

UNIDENTIFIED JUDGE: Very good.

Court exercises its discretion under MCR6.106, B-1, A-1, to deny bail at this time and ask the defendant to be charged with murder.

You will receive a copy of the notice to appear.

That concludes today's hearing.

UNIDENTIFIED ATTORNEY: Thank you, Your Honor.

BROWN: That was Jason Dalton in his first court appearance since being charged with six murder charges, just gunning down six innocent people over the weekend in Kalamazoo, Michigan. The judge asked him, do you have anything you want to say about these allegations, and he said, I'd prefer to remain silent.

Joining us, Paul Callan, CNN legal analyst, to talk more about this. He didn't say much here, Paul, which I guess is no surprise, but I

can't stop thinking about the fact he allegedly randomly killed these six people and then in between was picking up Uber customers. How will that hurt his case?

[14:55:] PAUL CALLAN, CNN LEGAL ANALYST: Well, it's truly bizarre conduct. Usually, in a case like this, with serial killings taking place, there's a clear motive. You know, you usually have a mental disturbed person involved or maybe there's a link between victims.

In this case, it appears to be random killings by someone who doesn't have a history of this behavior. It's really bizarre and suggests to me you're going to see an insanity defense here, because just looking at his reaction during the arraignment, also, sort of that blank look on his face and it suggests to me you'll see an insanity defense at some point down the line.

BROWN: So -- because I was thinking about it when I was watching this, it would be likely that would be his defense, but yet, he was sane enough to be able to, you know, look at his Uber app and take in customers. You know, I would think that would hurt that defense in a sense.

CALLAN: You would think so and you may be correct. Under Michigan law, to prove insanity, you have to prove you have a mental disease or defect that so impairs your capacity to understand the difference between right and wrong that you should be found not guilty. They also have a not-guilty by reason of insanity plea that can be entered into Michigan.

By the way, there's no death penalty in Michigan. They eliminated it in the 1800s. So the maximum he's facing is life in prison if convicted of these charges.

BROWN: Just chilling to see him in the video, so stoic.

Paul Callan, thank you so much.

We'll be right back.

CALLAN: Thank you.

(COMMERCIAL BREAK)

[15:00:07] BROWN: Top of the hour now. I'm Pamela Brown, in for Brooke Baldwin. You're watching CNN.