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Second Night of Protests after Police Killing of Daunte Wright; Defense to Begin Their Case Today in Killing of George Floyd; Virginia A.G. Launches Civil Rights Probe of Army Officer's Traffic Stop. Aired 6-6:30a ET

Aired April 13, 2021 - 06:00   ET

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


ANNOUNCER: This is CNN breaking news.

[05:59:13]

JOHN BERMAN, CNN ANCHOR: Welcome to our viewers in the United States and all around the world. This is NEW DAY. It is Tuesday, April 13, 6 a.m. here in New York. I'm John Berman. Poppy Harlow here with me all week. Nice to have you back this morning.

POPPY HARLOW, CNN ANCHOR: Nice to be here.

BERMAN: All right. Why is Daunte Wright dead this morning? We know he was shot and killed by a police officer, but why? What does it tell us about race and law enforcement in America? What does it tell us about what has been learned the last year, ten years, 100 years in this county?

The county medical examiner has ruled Daunte Wright's death a homicide after police claimed that the officer who shot him appears to have accidentally fired her gun, thinking it was a Taser. That is what the police say. We'll show you the body camera video of that deadly confrontation coming up.

There were protests overnight in the streets of Brooklyn Center, Minnesota. Some clashes with law enforcement. Officers deploying tear gas and flashbangs to enforce a curfew across four counties.

HARLOW: And remember, all of this is happening right on the border of Minneapolis, just ten miles away from where the prosecution is expected to rest today in the Derek Chauvin murder trial. The defense will then begin to present its case.

The judge denied the defense's attempt to completely sequester the jury and question them about that police shooting, the shooting that killed Daunte Wright this week. It is not clear whether the developments overnight will impact the judge's decision, but it does not seem that way.

We begin with the breaking news. Our Adrienne Broaddus again this morning, live on the ground there in Minnesota on all that has happened since yesterday.

ADRIENNE BROADDUS, CNN CORRESPONDENT: Poppy, good morning to you.

The unrest boiling over here in Brooklyn Center. You see as water behind me from the sprinkler system fills this Dollar Tree, the water is still not enough to dampen those hot spirits that are here in Brooklyn Center.

A lot of people -- this unrest fueled by people being upset after they saw that video and heard the chief call Daunte Wright's death, essentially an accident.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Don't shoot. Don't shoot.

UNIDENTIFIED MALE: Don't shoot. Don't shoot.

UNIDENTIFIED MALE: Don't shoot. Don't shoot.

BROADDUS (voice-over): Here in Brooklyn Center the fatal police shooting of Daunte Wright fueling a second day of protest, with demonstrations going late into the night, well past the town's 7 p.m. curfew.

Police firing off tear gas and flashbang grenades into the crowd, and some looters also breaking into stores. More unrest in a region already under distress, all as the trial of the officer charged with killing George Floyd is happening ten miles away.

MIKE ELLIOTT, MAYOR OF BROOKLYN CENTER, MINNESOTA: Our hearts are aching right now. We are in pain right now. And we recognize that this couldn't have happened at a worst time.

BROADDUS: Authorities releasing this body camera footage showing the final moments of Wright's life before he was shot and killed by a police officer during a traffic stop.

OFFICER KIM POTTER, BROOKLYN CENTER, MINNESOTA: I'll Tase you.

BROADDUS: But instead of a Taser, the officer fired a handgun into Wright's car.

POTTER: Taser, Taser, Taser. Holy (EXPLETIVE DELETED), I just shot him.

BROADDUS: The Hennepin County medical examiner is classifying Wright's death as a homicide, saying he died from a single gunshot wound to the chest. Officer Kim Potter is on administrative leave while authorities investigate why the 26-year-old Brooklyn Center police officer shot Wright Sunday. The police chief calling the shooting an, quote, "accidental discharge."

CHIEF TIM GANNON, BROOKLYN CENTER POLICE DEPARTMENT: It's my belief that the officer had the intention to deploy their Taser but instead shot Mr. Wright with a single bullet.

BROADDUS: But for Wright's family, that terminology is unacceptable . UNIDENTIFIED MALE: Y'all call it an accident. We don't see it as an

accident. We -- I lost my little brother, somebody that I looked out for day in and day -- day and night.

KATIE WRIGHT, DAUNTE WRIGHT'S MOTHER: My heart is literally broken into a thousand pieces. And I don't know what to do or what to say, but I just need everybody to know that he is much more than this.

BROADDUS: His aunt pleading for justice for her 20-year-old nephew, who leaves behind a young son.

NAISHA WRIGHT, DAUNTE WRIGHT'S AUNT: She needs to pay for what she did to my family. My family's blood is on their hands.

BROADDUS: The attorney for Wright's family calling the shooting, quote, "entirely preventable."

BENJAMIN CRUMP, ATTORNEY FOR DAUNTE WRIGHT'S FAMILY: Whatever they trying to offer to justify this unjustifiable shooting is unacceptable to us.

BROADDUS: Earlier, President Joe Biden sending this message from the White House requesting, quote, "peace and calm."

JOE BIDEN, PRESIDENT OF THE UNITED STATES: The anger, pain and trauma that exists in the black community in that environment is real. It's serious. And it's consequential. But it will not justify violence and/or looting.

(END VIDEOTAPE)

BROADDUS: Indeed, the pain is real, and this physical damage you're seeing this morning is a result of outrage, frustration and anger.

But we want to make sure we keep the focus on why this is happening. This is all happening because of the death or the killing of Daunte Wright, and his name is written here in spray paint. There's graffiti all over these buildings. But Daunte's name is appearing on some buildings here in Brooklyn Center.

And, John, this is all happening at a time when the relationships between members of the community and the police is teetering on the edge -- John.

BERMAN: All right. Adrienne Broaddus for us in Brooklyn Center, Minnesota. Adrienne, thank you so much for being there for us.

You heard Daunte Wright's aunt in that piece. Well, she spoke with Don Lemon overnight and about the police department's explanation of her nephew's killing.

(BEGIN VIDEO CLIP)

[06:05:09]

N. WRIGHT (via phone): You don't mistake a stun gun from a gun. You don't mistake that. If I made a mistake like that, I'd be in the jail cell. They would be trying to put me under it. That's not fair.

We got several police officers in all of our family. I don't have nothing bad to say about them, but what I got to say is she needs to pay for what she did to my family. My family's blood is on their hands. My brother, my sister is hurting. How do we put life back together after this? Some people say, oh, it's God's plan. That was not God's plan.

(END VIDEO CLIP)

BERMAN: Joining us now CNN political commentator and attorney Bakari Sellers. Also with us, Cheryl Dorsey. She's a retired Los Angeles Police sergeant and author of "Black and Blue: The Creation of a Social Advocate."

Friends, look, I know -- we will ask the question how could a police officer make a mistake? Is that even possible?

But Bakari, before you even get to that question, the fact of the matter is Daunte Wright is dead this morning. Daunte Wright is dead. And I just want you to reflect on what we saw yesterday, what we saw overnight and the entire reaction and explanation to this point.

BAKARI SELLERS, CNN POLITICAL COMMENTATOR: Yes. That's a really good question, John. But it's more than just Daunte Wright is dead. It's, you know, a father is dead; a son is dead; a nephew is dead; you know, a young man who had, you know, 40, 50, 60 years in front of him is dead.

And so, yes, Daunte Wright's life was cut short for no reason. And even more importantly, when you peel back the layer of this -- this onion, the frustrating part, if we're going to level set and keep it 100, John, as we always do, is white folk who want to say, Well, why didn't he comply? Or he had misdemeanors. Well, none of those things are death penalty crimes.

I mean, we feel like we have to go through this over and over again. You lose Daunte, and then they try to sully his name in death. And you know, you think about what happened with our -- with our Army lieutenant, or you think about with what happened with Tamir Rice. Even if you comply -- or Philando Castile -- you still don't get the same benefits that other people in this country get.

And so, you know, this is a tough day, but I think that Ms. Dorsey will agree with me, that I think one of the first emotions that most black people in this country feel today is just one of pure exhaustion.

HARLOW: Sergeant, to you, obviously, the question is the one that John raised, which is how could that even happen? How could you shoot a gun and think it was a Taser?

But can we step before that Why was such aggression used in the first place? When they pulled him over, even if there's an outstanding warrant, why such aggression from the beginning that escalated into this? CHERYL DORSEY, FORMER LAPD POLICE SERGEANT: Because police officers,

by and large, have come to learn that there is not a consequent commiserate with their bad act.

The police chief is being intellectually dishonest and disingenuous when he tries to tell us that this was a mistake. This wasn't a mistake. It was murder.

As a 20-year veteran patrol officer, I can promise you, we handle our duty weapons daily to make sure that they're properly maintained as we put them in our holster for a number of reasons. And so it would be impossible, almost, to make that kind of a mistake, to not know your service weapon, your duty weapon from a Taser.

We know our weapons intimately, much like a mother knows her child's voice on a playground. And so I'm not buying any of this. They are trying to mitigate the civil liability that's coming.

BERMAN: Bakari, you mentioned exhaustion. And I can hear it in your voice. I can hear the exhaustion in your voice. We are -- you know, it's a year, not even a year since the killing of George Floyd, ten miles from where the trial is happening. And the question is how -- how could this be happening in the shadow of the trial less than a year after, when all these questions were raised then?

SELLERS: I mean, let me ask just an even different question, like you know, a lot of black folk have been saying this has been going on for a long period of time, but before body cameras. I mean, there are people who think that this just started happening with the emergence of body cameras.

[06:10:03]

But ask how many -- how many of these things happened prior to body cameras? How many lives were lost because of, quote unquote, "accidents"?

Now, I'm with Sergeant Dorsey here. It's an accident when you go to the Starbucks in the studio building, and they put "Jim Sciutto" on your coffee instead of "John Berman." Like, that's an accident. Like, you don't have an accident that ends up with a murder. That is just not something that happens.

When you're Taser and your service weapon are on different sides. IU mean, we know the history of that confusion, quote unquote, "confusion," from Fruitville Station. And we know the changes and the adoptions that were made since then.

But the question is, you know, when you have Derek Chauvin ten miles away from where you have this officer murdering Daunte Wright, what are we teaching law enforcement?

I mean, this is when you have people like me who push back on some of the fringes of my party and say that, you know, this is not an irredeemable -- you know, police are not irredeemable. We have to re- imagine what they should look like. And it's just so hard when you're going out there advocating for reforms, reforms that can save lives when you, quote unquote, "make mistakes" like this. This is just unacceptable. And the police chief's response is intellectually dishonest, as Sergeant Dorsey said, and it's unacceptable, as well.

HARLOW: Sergeant Dorsey, to the point that Bakari just made, Rashida Tlaib, Congresswoman Rashida Tlaib tweeted this overnight. And I'd like your reaction from the law enforcement position that you held for so long.

She writes this: "It wasn't an accident. Policing in our country is inherently and intentionally racist. Daunte Wright was met with aggression and violence. I am done with those who condone government- funded murder. No more policing, incarceration and militarization. It can't be reformed."

What do -- what do you say to her this morning and all who agree with her?

DORSEY: Well, I'm in total agreement. And listen, I believe the only reform and training that police officers need going forward is a conviction. Because they understand that. When there's a penalty that's commiserate, equal to what they do, when they understand that, Oh, my God, there was an officer just a couple of counties over who's doing time for this very thing, maybe they would show a little impulse control.

In the midst of all that's going on, officers still are not able to comport themselves in a way that's appropriate when they deal with black folks. We saw insurrectionists, armed, and they weren't met with the kind of resistance that we see unarmed black men on a day-to-day basis being met with and then excused away with, Oops, my bad.

BERMAN: Sergeant Dorsey, Bakari, thank you both very much for being with us this morning, as always. We appreciate your insight.

HARLOW: Thank -- thank you both.

And as we said, the killing of Daunte Wright happened right outside Minneapolis, ten miles from the courthouse where the Derek Chauvin murder trial is taking place and will begin in just hours. The defense will begin its case today.

The judge denied their request to sequester the jury and question members of the jury about the police killing of Daunte Wright. Our Josh Campbell is live at the courthouse in Minneapolis with more.

Josh, what can we expect today?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Well, what we're seeing, Poppy, is this convergence of these two high-profile cases here in the Twin Cities. The killing of 20-year-old Daunte Wright and, obviously, the killing of George Floyd.

That -- the topic of conversation yesterday in court, as the defense asked the judge in this case to sequester the jury because he was concerned that, because of all of this news and everything that's playing out here, that could be prejudicial to his client. Of course, the judge in the case denying that request.

But it just shows you how that is weighing heavily on the minds of the prosecution, the defense and, obviously, the judge in this case.

Now, we heard yesterday also emotional testimony from the brother of George Floyd. So much of the case thus far has been scientific in nature. We've heard from medical experts. We've heard from medical examiners.

But yesterday the jury got to hear the human side of George Floyd, his brother, Philonise Floyd, talking about what the loss of George meant to the family. Take a listen to what he said.

(BEGIN VIDEO CLIP)

PHILONISE FLOYD, BROTHER OF GEORGE FLOYD: He was one of those people in the community that, when they had church outside, people would attend church just because he was there. Nobody would go out there until they seen him. And he just was like a person that everybody loved around the community. He -- he just knew how to make people feel better.

(END VIDEO CLIP)

CAMPBELL: Just tragic, emotional testimony there. We also heard from another medical expert, a cardiologist who said something that has been the theme so far from these prosecution witnesses. And it was but for the actions of those officers, George Floyd would still be alive.

Now, at one point, the defense attempted to shift the blame back onto George Floyd, asking this doctor if Floyd had only complied, had he cooperated and gotten in the squad car, would he still be alive? That doctor doubling down and saying that, but for the way he was restrained, he would still be alive to this day.

[06:15:14]

Now as far as today, this will be a key day. We're expecting the defense to begin their testimony. The judge in this trial saying that he expects closing arguments could begin as early as Monday -- John.

BERMAN: all right. Josh, we'll be watching. Thanks so much for being with us.

Authorities in Georgia have identified 22-year-old Aaron Shelton as the suspect in a high-speed chase that left three police officers shot and wounded on Monday. Police say Shelton and his brother, who was killed, were traveling at speeds of more than 100 miles an hour before crashing their car into a school. The three injured officers were taken to hospitals. One has since been released.

Virginia's attorney general has now launched a civil rights investigation into the violent traffic stop seen in this body camera video. The lawyer for the Army officer in this police encounter joins us next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Take your seat belt off and get out of the car!

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[06:20:12]

HARLOW: Virginia's attorney general has now launched a civil rights investigation of a violent traffic stop involving a uniformed Army officer. The state A.G. is demanding the Windsor Police release personnel records of the two officers, one of them recently fired, but both accused of using excessive force against Second Lieutenant Caron Nazario.

The A.G.'s request is the latest development arising from a lawsuit filed by Nazario, who is a lieutenant again, and who is black and Hispanic.

Body camera footage shows two police officers pointing their guns at him. Then one pepper spraying him before pushing him to the ground during this traffic stop. This happened back in December.

The officer said they believed that Nazario's SUV was missing a license plate and carried out a high-risk stop, because their windows were tinted in this new car, and he delayed pulling over until he could find a well-lit area.

Nazario's suit says exactly that: he was looking for a brightly-lit spot to pull over. Police reports from the officer said Nazario was pepper-sprayed because he failed to comply with their orders to get out of the car and struck one of the officers when he tried to unlock and open his doors.

His lawsuit says those statements are false. There's no video evidence showing him striking the officers.

This is some of the body camera footage of the officers drawing their guns at him. And Nazario's own cell phone video shows him with his hands up, as ordered. We want to warn you, the video that we're about to roll is disturbing and hard to watch.

(BEGIN VIDEO CLIP)

2ND LT. CARON NAZARIO, U.S. ARMY: What's going on? I'm -- I'm honestly afraid to get out. Can I --

JOE GUTIERREZ, FORMER WINDSOR POLICE OFFICER: Yes, you should be. Get out now!

NAZARIO: I have not committed any crimes.

GUTIERREZ: You're being stopped for a traffic violation. You're not cooperating. At this point right now, you're under arrest for -- you're being detained. You're being detained for --

NAZARIO: For a traffic violation, I do not have to get out of the vehicle. You haven't even told me why I'm being stopped.

(END VIDEO CLIP)

HARLOW: CNN has been unable to reach the fired officer. That's Officer Gutierrez. The other officer, Daniel Crocker, who to our knowledge, has not been terminated, we haven't been able to reach him either or either of their representatives.

With me now is Arthur -- Jonathan Arthur. He's the attorney representing Second Lieutenant Caron Nazario. Good morning. Thank you for getting up early to speak with us about this.

You've known about this for months, obviously. This happened back in December. But you know, the life of your client, the lieutenant, changed even more dramatically over the last 48 hours, because now the world has seen what happened. How is he doing this morning?

JONATHAN ARTHUR, ATTORNEY FOR 2ND LT. CARON NAZARIO: I haven't spoken to him this morning. When I spoke to him yesterday, he was really, really grateful for all of the public outcry and support that he's received after his incident went viral. It's always a really daunting task, I think, when you wake up on a Saturday morning and one of the most terrifying moments of your life has gone viral.

But the outpouring and support from the community and from our leaders, it's meant a lot to him. So we thank you all.

HARLOW: We just mentioned what the attorney general of Virginia is calling for, and that is the personnel records of both officers to be released. Have you seen them at all?

ARTHUR: I have not.

HARLOW: When you talk about the basis of your case, you're -- you're basing it on the Supreme Court landmark decision in the '70s, Pennsylvania vs. Mims, and that is what dictated the precedent for, you know, whether an underlying stop is unlawful and what subsequently happens after that.

Can you explain to our viewers what it is that your client, the lieutenant, is hoping for here, because clearly, this is not just about monetary compensation cited in the suit. What does he want?

ARTHUR: You know, he wants -- he wants this to stop. He's -- no sooner did my client's issues with the Windsor police go viral than there was another young man murdered for a traffic stop, for a traffic violation. My client's goal is to get this to stop. It has to stop. We need -- our police need to be accountable. They need to be retrained. These senseless murders must stop. This senseless violence has to end.

HARLOW: It sounds like your client is seeking -- the lieutenant is seeking a conviction and not a settlement. Is that right? You want to see this through a jury trial? ARTHUR: So that's -- yes. Right. We want the precedent, as you were

discussing, to hold other officers accountable. We want the deterrence effect that having a group of strangers from Virginia speak out and say this behavior is unacceptable. We need that set in stone.

And for the preventive measures and for the deterrence -- deterrence against any other officers that may be inclined to behave like former Officer Gutierrez or current Officer Daniel Crocker decided to behave.

[06:25:13]

HARLOW: You bring up current Officer Daniel -- Daniel Crocker. And -- and people will remember that, in the video near the end of that video, when lieutenant says he is afraid to get out of his car to comply with the orders of the officers, it is Officer Crocker who responds, "You should be. You should be afraid."

ARTHUR: It was Officer -- it was Officer Gutierrez that said that.

HARLOW: OK. Thank you for that correction.

ARTHUR: Crocker -- yes.

HARLOW: OK. Thank you for that correction. My question to you is --

ARTHUR: That's all right.

HARLOW: -- have you had any indication as to why Officer Crocker is still with the police department or his standing in the police department and, importantly, what your client wants to happen to him?

ARTHUR: So we haven't heard anything from the Windsor Police Department apart from this press release that they put out, though I guess that may have been from the town of Windsor. So we don't know what Daniel Crocker's current status is.

What does my client want from him? Well, everyone is equal under the law. So my client wants the law properly applied to Officer Crocker. He's not above the law. He's there to uphold it, and it needs to be applied to him like it would be applied to everyone else.

HARLOW: Jonathan Arthur, the attorney for Second Lieutenant Caron Nazario, thank you for your time this morning.

ARTHUR: Thank you for having us. We really appreciate it.

HARLOW: Ahead for us, the White House is rejecting Michigan's request for more vaccine doses. That puts the president at odds with one of his top Democratic allies, the governor of Michigan. We'll talk about the details and who has the power here in that state on that front, next.

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