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Report: Incoming NC Governor Sues to Get Power Back; New Video Raises Questions in Texas Shooting; Parents of Journalist Missing in Syria Speak Out; Trump Tweets Putin "Very Smart"; British PM Criticizes Kerry on Israel; Deputy Shot in Baton Rouge Improving.

Aired December 30, 2016 - 15:30   ET

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


[15:30:00] FREDRICKA WHITFIELD, CNN ANCHOR: Emergency legal steps being taken in North Carolina right now. The incoming governor, a Democrat, is suing the state's general assembly over plans to limit his powers once he takes office. This comes after Roy Cooper had a bitter fight to win the governorship in the first place. The Republican incumbent refused to concede for weeks and state GOP lawmakers struck back by vowing to strip Cooper of his executive powers. CNN correspondent Polo Sandoval joining me live right now. Polo, what's going on?

POLO SANDOVAL, CNN NATIONAL CORRESPONDENT: Fred, this is a political back-and-forth that has gone on in North Carolina. Today it went on in a state courtroom where a judge essentially blocked a senate Republican laws that were signed about two weeks ago, that pretty much curbed the authority of the governor. Today that temporary restraining order was approved by the judge and now the incoming governor Roy Cooper is set to take the oath of office one minute into the new year.

WHITFIELD: Polo Sandoval, thank you so much.

A newly released dashcam video is raising questions about a shooting in Texas. Police say officers shot a man they misidentified as a suspect. The man survived but is paralyzed. Officers said they thought he had a pistol and was pointing it at them. But the man's attorney says you can clearly see the man walking away. CNN's Nick Valencia joining me now with this. Walk us through it, Nick.

NICK VALENCIA, CNN CORRESPONDENT: It's a case of mistaken identity that could have been fatal. We have to take you back five months ago, to July, 2016, the initial 911 call was about an apparent robbery. The suspects, two black teens and the officers that responded, both were off duty working a private security detail, one from Tarrant county, the other from Fort Worth police department. That's when the video picks up. They pull into an apartment complex and say they mistake David Collie, the man you see spotlighted on your screen, for one robbery suspect.

They say what you don't hear in this dashcam video are the demands from the officers to comply, to drop what they say was a silver object in his hand. The police would say it was a box cutter however the attorney of David Collie says that wasn't his client's and his client never posed a threat. Also, in this police report which we have asked for the officers apparently say Collie lunged at them and what adds questions to this whole thing is in that video you can't see Collie lunge at the officers at all.

You see him walking away from the officers. To add insult to injury, for 61 days David Collie was handcuffed to his hospital bed as he waited for a grand jury to decide whether or not to indict him on aggravated assault charges against the officer. That didn't happen, a rare move by the grand jury to not go forward with the recommend charges. David Collie and his attorney say they may have charges of their own pending against the Fort Worth police department for the officer who fired the shot. For now, the attorney for Collie says Fort Worth police department must do better.

(BEGIN VIDEO CLIP)

NATE WASHINGTON, ATTORNEY FOR DAVID COLLIE: We don't live in a police state. And officer does not have the right to stop and detain anyone is. An officer is supposed to be the person who deescalates. The officer is the professional. The officer is the one with the training and the officer is the one with weapons strapped to his hip. The officer has to be better.

(END VIDEO CLIP)

VALENCIA: There that attorney for David Collie giving his perspective. The Fort Worth police department releasing their own statement which read in part "we saw what you saw, we heard what you heard, we have received your phone calls, e-mails, tweets, messages, reviews, your concern over what occurred and your demand for answers and actions, we do hear you." The officers have not been named and apparently, this internal investigation by Fort Worth police department lasted two days. The officer was immediately out back on the streets again after being cleared of wrongdoing but this still could be taken to a grand jury. The district attorney has the case right now and is deciding whether or not to bring that case to face charges for these officers.

WHITFIELD: nick, what do we know about why this video was released now?

VALENCIA: Five months later, we talked about this happening this summer. A big part is what happened recently with the Fort Worth police department. There was a woman TASERed by one of the officers there, a video that was viral, viewed over a million times earlier this month. The attorney for David Collie, the man in this case, said that's not an isolated incident and what happened to Collie shows there are more problems, systemic problems within the Fort Worth police department that need to be addressed. Fredricka?

WHITFIELD: Nick Valencia, thank you.

[15:35:00] Up next, the British prime minister is slamming secretary of state John Kerry for his comments on Israeli settlements. We'll tell you what she said. Plus, parents of an American journalist who went missing in Syria are speaking out. What they hope the incoming Trump administration will do to help find their son. You're watching CNN.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back, I'm Fredricka Whitfield. Breaking news, President-elect Donald Trump weighing in moments ago, on Putin's response to Russian sanctions, tweeting "great move on delay by V. Putin, I always knew he was very smart." That tweet from Donald Trump. This after the U.S. hit Russia with some of the toughest sanctions ever imposed and to many people's surprise, Putin announced he would not retaliate but would instead wait to see what Trump does once he takes office in 21 days.

Britain's prime minister is the latest world leader to attack John Kerry for his speech this week condemning Israel's settlement program. A spokesman for Theresa May says May does "not believe it is appropriate to attack the composition of the Democratically elected government of an ally." The prime minister's stance is drawing surprise from Kerry's state department and confusion over where Britain stands on the issue of Israel's push for settlements. Sara Sidner is in Jerusalem.

[15:40:00] SARA SIDNER, CNN INTERNATIONAL CORRESPONDENT: More diplomatic fallout after the U.N. security council vote that condemned Israel for the settlement activity saying it is a real hindrance to the Palestinian-Israeli peace process. Now we're hearing from the British Prime Minister Theresa May who has criticized Secretary John Kerry for his comments after that vote and particularly about the Israeli-Palestinian conflict saying she believed he focused too heavily on settlements. Well, they have basically clapped back. We're talking about the U.S. state department reacting to that saying hold on a second.

They're surprised to hear this conflict saying she believed he focused too heavily on settlements. Well, they have basically clapped back. We're talking about the U.S. State Department reacting to that saying hold on a second. They're surprised to hear this from May whose government has wholly supported the U.N. security council resolution 2334 this condemned Israel for settlements and that it's long been their standing policy that settlements are an impediment to a peace deal here.

We're also hearing, of course, from Benjamin Netanyahu after the speech and resolution. He was very angry with the United States who actually abstained from the vote. The UK voted for the resolution but saying basically he feels like it's all about Israel's security and that, again, he pushed back saying he believes that the peace process, there's more to it than just settlement activity, that this is about Israel trying to defend itself all the time against Palestinian attacks. The Palestinians have responded and they said look, we like what we're hearing from Mr. Kerry. We like this U.N. resolution, we feel settlements are a huge impediment and as soon as settlements stop we'll come back to the table to try to resolve things.

All in all, there has been a lot of talking back and forth and some diplomatic rows over this very issue but, of course, a lot of folks here realize there is a strong relationship between the UK, the U.S. and Israel. But there's a lot of talk going on now and this administration here in Israel is hoping things will be better and has said things will be better when the next administration in the United States comes in and that is Donald J. Trump. Fredricka?

WHITFIELD: Sara Sidner, thank you so much. Meanwhile, in Syria as the cease-fire there holds, parents of a journalist who went missing during the war in that country are speaking out. They haven't heard from their son but the U.S. government says there is reason to believe he is still alive. CNN's Brian Stelter sat down with Austin Tice's mother and father and how they hope the Trump administration will work to find their son.

(BEGIN VIDEOTAPE)

BRIAN STELTER, CNN HOST: Fred, reporters in Syria have been killed and kidnapped and vanished. That's what happened to Austin Tice, an American journalist in Syria reporting on the conflict. One day he disappeared and his parent have never heard from any captors, any group holding him, any group demanding ransom but Debra and Marc Tice remain optimistic they will be reunited with their son. And the U.S. government says it has high confidence that Austin Tice is still alive in Syria. I spoke with his parents about what this means to see the end of another year without their son and why they're hopeful that the income Trump administration will continue to work as the Obama administration has in trying to find Tice and bring him home to the U.S.

DEBRA TICE, MOTHER OF MISSING JOURNALIST: We've had no credible report ever since Austin was taken that he is alive. We have hung on to those messages.

MARC TICE, FATHER OF MISSING JOURNALIST: His captors have not reached out to us, we have no way of completing this solution to bring him home because only half of the equation is working here and that half is, you know, the efforts that we've done, the efforts of the United States government and all those people and organizations that have been supporting us but it was extremely comforting and -- uplifting.

DEBRA TICE: Uplifting.

MARC TICE: To hear and for the office of the special Presidential envoy and the United States government to hear that they say their assessment is he's alive, we have every reason to believe he's reasonably well so we continue to press that there's every reason to do everything possible, keep doing everything possible to bring him home.

STELTER: So, hard to imagine what these past four plus years have been like for those parents. They know the statistics all too well. According to the committee to protect journalist, once again in 2016 Syria was the deadliest place in the world for reporters. That's been true for five years in a row. These parents hoping for a much happier outcome for their son, hoping 2017 can be the year they will be reunited. Fredricka, back to you.

(END VIDEOTAPE) [15:45:00] WHITFIELD: All right, thank you so much, Brian Stelter.

Coming up, what the U.S. Senate is planning to do in response to cyber threats and Russia interfering with the U.S. election. This as Trump and Russia continue to exchange volleys on twitter. We're back in a moment.

(COMMERCIAL BREAK)

WHITFIELD: Welcome back, I'm Fredricka Whitfield. Back in the 1950s they said rock 'n roll was just a passing fad. Tell that to legendary rock group Chicago. On New Year's Day, CNN trace's the band's windy city roots all the way to the top of the charts in the new CNN film "Now More Than Ever, The History Of Chicago." Here's a sneak peek.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MEMBER OF ROCK BAND CHICAGO: I will say one thing that I got that I remember and I remember Jimi told me and I forgot this, we were in Indianapolis with Hendrix, 20,000 people there and they're yelling "bring on Hendrix, bring on Hendrix." I got so fed up, I got on the mike and said "shut the bleep up and listen."

AM radio was still a baby. You know, it was top 40, but it was bubble gum stuff. They weren't ready for what we were doing. FM radio was commercial free in those days and played whole albums. And A.M. radio still hadn't played one of our songs. We released "Beginnings" we released "does anybody know what time it is" and they wouldn't play it because they said we hadn't had a hit. Catch-22. How the hell are you going to have a hit if you don't play something?

There was a certain amount of frustration because the singles this had been released and weren't successful, besides the fact that we were doing a fair amount of drugs and partying and being young musicians on the road and young musicians will burn the candle.

(END VIDEOTAPE)

[15:50:00] WHITFIELD: Joining me right now, the director of new CNN film. Peter, you have toured with Chicago before for a previous project. Did you learn anything new or surprising through this historical documentary?

PETER PARDINI, DIRECTOR, "NOW MORE THAN EVER, THE HISTORY OF CHICAGO": Yes, I did. You know, I learned that -- I learned what it took to be successful for 50 years.

WHITFIELD: Did you learn anything new or surprising through this historical documentary?

PARDINI: You know, I learned what it took to be successful for 50 years. And I see so many people who don't -- who are trying to figure out the keys to success and I was able to watch these guys night in and night out perform and the audiences reacting the same way no matter where we are. And it really inspired me to want to be as good as them one day in terms of their work ethic. WHITFIELD: And, you know, I was in the audience one of their shows

last year. They toured with Earth, Wind, and Fire. Incredible. Just that, people of all generations, particularly those who remember them from 50 years ago. You know, we're wondering like what is the secret of their sauce, that they're able to continue to play together, sound so amazing, impeccable, even though the band has gone through a lot of changes over the years?

PARDINI: Absolutely. I mean, they've gone through so many changes but the music's remained the same. It's the same thing people tell me when they see the shows that they're not only remembering the song and the lyrics but they're remembering events from their life that, you know, they heard the songs at so, whether it's their wedding or their prom. Like my mom said she remembers hearing "Color My World" at her prom. There's personal stories behind each song.

WHITFIELD: So, one of the moments that, you know, really did deeply affect the band, original guitarist Terry Kath dying from an accidental gunshot wound. Do some of the members open up about that in this documentary?

PARDINI: They do open up about it. That was a very difficult question to ask because you don't know, they've been asked about it so many times before, but you want to be, you know, very sensitive to how to ask that question. But I think people are going to see, you know, a different side to Chicago in this movie and they'll be able to see especially how important Terry was to the first 11 years of their career and how someone like Robert Lamm says he still thinks about him every time he performs "Saturday in the Park."

WHITFIELD: Thank you so much. Do not miss it, folks. CNN film "Now More Than Ever: The History of Chicago," Sunday night 8:00 eastern time only here on CNN.

So, from Bowie to Prince, 2016 lost quite a few music legends. Here's a look back at some of the greats.

(BEGIN VIDEO CLIP)

PRINCE, MUSICIAN AND SINGER: A bright sunrise will contradict the heavy fall that weighs you down the good time's really over for good purple rain, purple rain purple rain, purple rain love is all, love is all you need oh, oh hallelujah, hallelujah.

(END VIDEO CLIP)

[15:55:00] (COMMERCIAL BREAK)

WHITFIELD: A South Carolina judge is ordering Charleston church shooter Dylann Roof to undergo a second competency evaluation before his sentencing. It comes a day after Roof, who will represent himself in the penalty phase, said he would give an opening statement but not call witnesses or submit any evidence. The competency hearing is set for Monday. Roof faces the death penalty for killing nine black parishioners at a Charleston church last year. In this week's "Beyond the Call of Duty," Nick survived being shot in

Baton Rouge back in July and his recovery is nothing less than miraculous. CNN's Ed Lavandera has the remarkable story of the deputy's struggle to heal from his injuries and his family's hope about his future.

(BEGIN VIDEOTAPE)

NURSE FOR NICK TULLIER, DEPUTY SHOT IN BATON ROUGE: Head forward to the right for yes and for no. Show me no. Good. Keep going. Real big.

ED LAVENDERA, CNN CORRESPONDENT: Five months after the sheriff's deputy was shot three times by a lone gunman, this is where he is now.

NURSE: Follow the mirror.

LAVENDERA: But when you consider how far he's come you'll understand why this image is astounding.

NURSE: Great job, nick.

LAVENDERA: The sounds of a vicious ambush pierced through the heart of Baton Rouge on a quiet Sunday morning in July. A gunman killed three officers, but as the story faded from the headlines, Nick, one of the officer who is rushed to the scene, was left fighting for his life.

JAMES TULLIER, FATHER OF NICK TULLIER, DEPUTY SHOT IN BATON ROUGE: We believe in him. He believes in himself. He's not ready to go.

LAVENDERA: He was in a coma for four months, emerging in mid- November. He survived more than a dozen surgeries after he was shot three times, once in the head and twice in the abdomen.

His heart stopped four times in the E.R. and so they brought him back four times.

LAVENDERA: His father, James, says doctors first told him his son wouldn't survive the day. Then it was two days, then five. Now he's awake, fighting. He's defied every odd.

NURSE: All the way up.

LAVENDERA: He can't speak yet, but he's moved from Baton Rouge to TIRR Memorial Hermann Hospital in Houston, the same rehabilitation facility where U.S. Representative Gabby Giffords was treated. He undergoes four hours of physical speech and occupational therapy every day. Doctors say he will never completely recover, but his family says the progress so far is amazing.

JAMES TULLIER: He's the fighter. He's the strong one. And he's pushing. He's pushing through hurdles. That's how he's done in life.

LAVENDERA: But his son struggles with the questions that have no answers. [16:00:00] TRENT TULLIER, SON OF NICK TULLIER: What's going to happen

in the future? Like am I still going to have a father that's going to be able to, you know, have conversations with me? Are we going to be able to hang out anymore and just, you know, chat?

NURSE: There you go. Keep going.

LAVENDERA: Nick Tullier is literally learning to write his name again but for his family and friends, these are the initials of a superhero. Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

WHITFIELD: See you again tomorrow beginning 11:00 a.m. eastern time.