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Decision Expected on Charges for Officer Who Fatally Shot Daunte Wright; Defense Witness Testifies Chauvin 'Justified' in Pinning George Floyd; Biden to Announce U.S. Withdrawing All Troops from Afghanistan by September 11. Aired 6-6:30a ET

Aired April 14, 2021 - 06:00   ET

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

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: The police officer who shot Daunte Wright stepping down.

[05:59:44]

MAYOR MIKE ELLIOTT, BROOKLYN CENTER, MINNESOTA: I'm hoping this will help bring some calm to the community, full accountability under the law.

BENJAMIN CRUMP, ATTORNEY FOR DAUNTE WRIGHT'S FAMILY: Ten miles from where the Chauvin trial regarding George Floyd was taking place, that a police officer would shoot and kill another unarmed black man!

UNIDENTIFIED MALE: The beginning of the defense's case for former Minneapolis police officer Derek Chauvin --

UNIDENTIFIED MALE: I felt that that level of resistance exhibited by Mr. Floyd justified the officers in higher-level use of force that they chose not to select.

(END VIDEOTAPE)

ANNOUNCER: This is NEW DAY.

JOHN BERMAN, CNN ANCHOR: All right. Welcome to our viewers in the United States and all around the world. This is NEW DAY. It's Wednesday, April 14, 6 a.m. here in New York. I'm John Berman. Poppy Harlow with me here, as well.

We have a lot of news this morning.

POPPY HARLOW, CNN ANCHOR: A lot, yes.

BERMAN: All right. Former Officer Kimberly Potter could be charged today for shooting and killing Daunte Wright during a traffic stop in Brooklyn Center, Minnesota. Police are calling the incident a deadly mistake.

The attorney overseeing the case has not discussed the possible range of charges but, again, says they could come as soon as today. Potter and the department's police chief both resigned Tuesday.

Wright's death has been ruled a homicide.

There were more protests overnight, with some demonstrators clashing with police as they enforced a curfew. The protests were mostly peaceful throughout the day. At one point, demonstrators stopped and knelt for 9 minutes and 29 seconds to honor George Floyd.

HARLOW: The city of Minneapolis has been torn apart by deadly police shootings. Members of the Wright family and the Floyd family came together yesterday to meet, to offer comfort to one another.

This as the defense in the Derek Chauvin trial will call more witnesses today. On Tuesday their first witness took the stand. That witnessed claimed that former Officer Chauvin's actions were, quote, "justified" and also suggested that Floyd was struggling because he wasn't, quote, "resisting comfortably." One can do that on the pavement.

Much more of that ahead. We begin with our colleague, Adrienne Broaddus. She joins us again this morning in Minnesota with our top story. Good morning, Adrienne.

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

This case is moving fast. Two days after Daunte Wright was shot and killed, the charging decision for the officer responsible could come today. That is according to the prosecuting attorney in Washington County.

Meanwhile, yesterday Kim Potter submitted her resignation to the city, saying in part in that letter it's in the best interests of the community.

But the city's mayor has not accepted her resignation. Prior to that resignation, I heard from multiple sources that the city's mayor was planning to terminate Officer Potter, as well as the former chief of police, Gannon. John just mentioned the chief of police resigned yesterday also.

I asked the mayor about this, and he told me it was unclear whether or not former Officer Potter got wind about the impending termination.

Meanwhile, her attempt to quit is fueling more frustration here in Brooklyn center. Hundreds protested overnight. But those protests took a violent turn. People throwing bricks, fireworks, and other objects at police, police who returned mace and pepper spray.

And this unrest is all surrounding -- it's stemming from the death of that 20-year-old father, Daunte Wright. President Biden weighing in on the conversation.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: You know, Daunte Wright of Minnesota, that God-awful shooting resulting in his death and in the midst of an ongoing trial regarding George Floyd, and Lord only knows what's happened, based on what the verdict will or will not be there. And -- but we're in the business, all of us meeting today, to deliver some real change.

(END VIDEO CLIP)

BROADDUS: And when protesters filled the street overnight, many of them said they wanted Officer Potter changed criminally. Will that happen? We could learn today -- John.

BERMAN: All right. Adrienne Broaddus for us. Adrienne, thank you very much. Joining us now is Cedric Alexander. He's a former public safety director for Dekalb County, Georgia and former president of the National Organization of Black Law Enforcement Executives.

Also with us, CNN legal analyst Paul Callan. He's a criminal defense attorney and a former prosecutor.

Paul, I want to pick up where Adrienne just left off, the idea that the investigator and the prosecutor overseeing this case said the charges could come as soon as today. What possible charges do you expect to see?

PAUL CALLAN, CNN LEGAL ANALYST: Well, that's really an astonishing statement, given the fact that yesterday they were saying it was an accidental shooting, and the hints were that there would be no charges.

But under Minnesota law, the prosecutor makes the decision about whether to present a case to the grand jury or whether to go forward with charging information. So theoretically, the prosecutor in Washington County where the case has been transferred to can make that decision.

The charges, John, I think, might be very similar to the charges that were handed down in the Derek Chauvin case in the George Floyd killing. One of them is second-degree murder. There's a manslaughter charge. And there's -- there's a third charge.

[06:05:15]

They all basically relate to extreme recklessness or a depraved mind in using deadly physical force. I think it will be one of those charges that they would be looking at in Washington County.

HARLOW: And, Cedric, akin to former Officer Chauvin, Officer Potter had been on the force for 26 years. So experience, over and over again, knowing that you reach cross-body to grab a Taser, and it's your dominant side where you hold a gun. All of that will play in here in the charges consideration, correct?

CEDRIC ALEXANDER, FORMER PRESIDENT, NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES: Yes, absolutely. Well, but also, I think it's important to understand Chauvin had 19 years' experience, Potter is reportedly having 26 years of experience, which suggests to me, and I've always stated, it's not the number of years that you've been on the job. It's what you've gained over that time being on the job. Length of service doesn't mean anything in comparison to the maturity that comes over time.

And clearly, in both of these cases, neither one of them exemplified that type of extended professionalism that you'd think that they would have had.

BERMAN: Even more than that, in this case, perhaps, Cedric, which is that Officer Potter, former Officer Potter, was a training officer. She would train other officers how to do certain things. So I can see -- now, we're not in a courtroom yet, but I can see that coming up in a courtroom. This officer clearly knew better. This officer clearly knew the right procedures to take, knew how to avoid this type of accident if that's, in fact, what what it was.

ALEXANDER: Yes, if, in fact, that's what it was. But clearly, this is a clear case of negligence, no matter how you cut it. You know, there's a number of pictures that are going around showing a 9- millimeter weapon and then that of a Taser, which is bright yellow. And it really makes it hard for any person, police officer, lay person, anyone, to understand how you could confuse the two, particularly when, if you look at that video, she held that weapon there in her hand for a number of seconds before it was fired.

It was unfortunate for everyone that's involved. But it's going to be interesting today to see how Washington County is going to manage this and what charges that may come -- may be brought forth.

HARLOW: When you -- go ahead, Paul.

CALLAN: If I could just add, I think one of the interesting twists and tragic twists on this case, I think, is that, in Minnesota, there was a case called the Michael Noor case, where a police officer was charged with -- you may remember this case from last year, where a woman called in that she had been sexually assaulted, and she ran out to a police car, the car that was responding to the call, and she wound up being shot by one of the officers in the car, Michael Noor.

He was convicted of second-degree murder in that case. Now, his defense, of course, was that it was an accident. He thought -- he didn't realize that this was the victim who was approaching the car. But nonetheless, he was sentenced to ten years in prison, and the Noor case is now going up to the Minnesota Supreme Court.

It's a remarkably similar pattern to this case, I think, because you have an officer claiming it was an accidental discharge, and nonetheless, a jury found that it was such a reckless use of a weapon that it warranted very, very serious charges. So we'll have to see how the D.A. and possibly a grand jury will see this case.

HARLOW: Look, it's really important context on the fact that it happened in Minnesota a year ago. Perhaps more germane to what's happening right now than the Officer Grant situation, which we'll talk about. But that was in 2009, a very different time. A Taser versus a gun was the -- was the question there. Thank you both very, very much. Coming up, we will talk about the key moments from Derek Chauvin's

defense, what we saw in the courtroom yesterday, what's in store ahead, next.

(COMMERCIAL BREAK)

[06:13:24]

HARLOW: The Derek Chauvin murder trial will resume in just a few hours. On the first day of the defense, presenting their case, jurors heard an expert witness testify that Chauvin's use of force against George Floyd was justified, in his opinion.

Our Josh Campbell is live at the courthouse in Minneapolis with more. Good morning, Josh.

JOSH CAMPBELL, CNN NATIONAL SECURITY AND LAW ENFORCEMENT CORRESPONDENT: Yes, good morning to you.

The prosecution resting its case yesterday, the defense beginning his own. It's becoming now very clear what the defense strategy is going to be. They're not only trying to say the tactics that Derek Chauvin used that day here last May were within policy. They're also trying to shift blame away from Chauvin and onto George Floyd himself.

(BEGIN VIDEOTAPE)

CAMPBELL (voice-over): The defense began their case in the murder trial of Derek Chauvin, bringing a use-of-force expert to the stand, who told jurors the former Minneapolis police officer's actions against George Floyd were warranted.

BARRY BRODD, DEFENSE USE OF FORCE EXPERT: I felt that Derek Chauvin was justified, was acting with objective reasonableness, following Minneapolis Police Department policy and current standards of law enforcement in his interactions with Mr. Floyd.

CAMPBELL: Former Police Officer Barry Brodd said he did not consider it a use of force when officers placed Floyd in a prone control position.

BRODD: Police officers don't have to fight fair. They're allowed to overcome your resistance by going up a level.

CAMPBELL: Brodd also argued Chauvin and the other officers could have used more.

BRODD: I felt that that level of resistance exhibited by Mr. Floyd justified the officers in higher levels use of fraud that they chose not to select.

CAMPBELL: But in cross-examination, the prosecution slamming Brodd's testimony, asking him why he believed the use of force was acceptable, even though Floyd stopped resisting.

[06:15:09] UNIDENTIFIED MALE: What part of this is not compliant?

BRODD: So I see his arm position in the picture that's posted.

UNIDENTIFIED MALE: Right.

BRODD: And you know, a compliant person would have both their hands in the small of their back and just be resting comfortably, versus like, he's still moving around.

UNIDENTIFIED MALE: Did you say resting comfortably?

BRODD: Or laying comfortably.

UNIDENTIFIED MALE: Resting comfortably on the pavement?

BRODD: Yes.

UNIDENTIFIED MALE: At this point in time when he's attempting to breathe by shoving his shoulder into the pavement?

BRODD: I was describing what the signs of a perfectly compliant person would be.

UNIDENTIFIED MALE: So attempting to breathe while restrained is being slightly non-compliant?

BRODD: No.

CAMPBELL: The defense starting Tuesday's session showing body camera footage from when Floyd was arrested in 2019.

UNIDENTIFIED MALE: Put your hands behind your back.

CAMPBELL: With testimony from an officer who arrested him, as well as a paramedic who treated him that day.

UNIDENTIFIED FEMALE: I asked him why. He said it was because he was addicted.

CAMPBELL: Prosecutors pushing back against one of the defense's central arguments, saying Floyd's previous drug use played no impact in his death in 2020.

UNIDENTIFIED FEMALE: Mr. Floyd didn't drop dead while you interacted with him, correct?

UNIDENTIFIED MALE: No.

CAMPBELL: Outside the courtroom on the 12th day of testimony, an emotional meeting between the families of Floyd and Daunte Wright, a 20-year-old killed by an officer just ten miles away.

PHILONISE FLOYD, GEORGE FLOYD'S BROTHER: The world is traumatized watching another African-American being slayed. I woke up this morning with that on my mind. I don't want to see another victim. (END VIDEOTAPE)

CAMPBELL: Now, the judge in this case has instructed jurors to not watch the news, to not follow developments. Of course, that's easier said than done. The city of Minneapolis here is grappling with two tragedies at one time. The fallout from two black men killed at the hands of police. That shooting of 20-year-old Daunte Wright taking place just ten miles from where I'm standing.

Obviously, the city on edge, as we're watching both developments. Again, prosecution rested its case. The defense continues today. Additional witnesses called today.

We expect there will be fewer defense witnesses in this case. The judge said we could hear closing arguments, Poppy, as early as Monday.

HARLOW: And it was so striking, Josh, to see the families unite, to see the Floyd family leave the courthouse at one moment yesterday to console the Wright family that speaks to exactly what you're saying and what is happening in and around this city right now.

Thank you for that reporting.

Let's bring back Cedric Alexander. Also with us, CNN legal analyst Areva Martin. She's a civil rights attorney.

Areva, let me begin with you on this. Can you -- can you share what you witnessed watching the direct and then the cross-examination of that expert witness in terms of his full or not-so-full understanding of everything at play here?

AREVA MARTIN, CNN LEGAL ANALYST: Yes, Poppy. What I watched was a witness that was completely ill-prepared. He testified that he had not reviewed the very critical autopsy report. He did not review those photographs that showed the severe injuries to Mr. Floyd's body, the body that he used to try to breathe as he was lying prone, in that prone position by Derek Chauvin.

The witness was completely non-credible with respect to even his testimony relevant to the Minneapolis Police Department's policy. You remember that the defense attorney told this jury that they were going to establish that Chauvin followed Minneapolis Police Department policy and that his actions were reasonable and legal.

This witness didn't do that. In fact, he didn't even seem to know that under Minneapolis policy, that using the prone position is, in fact, a use of force. He tried to suggest that it wasn't a use of force, only if Mr. Floyd was in pain.

And clearly, the prosecution showed that he was not only in pain, but the pain was so severe that it was lethal. So this witness was completely non-credible. I don't think he did anything to help the defense in establishing that the use of force was either legal or justified in this case.

BERMAN: Barry Brodd was that expert. I hesitate to do air quotes, but I almost have to in this case. And he said two things, Cedric, that really were stunning.

No. 1, that George Floyd was non-compliant while he was in that prone position on the ground. He was non-compliant. And that it wasn't a use of force. That was the sworn testimony of Barry Brodd.

There's the issue of how the jury will perceive that. But just as an expert yourself, as a law enforcement officer, on the facts of his testimony, what's your assessment?

ALEXANDER: Well, it's very easy, you know. We all can just go back and look at that video for ourselves. I think that defense witness really did not do them any good whatsoever, as Areva just so well- articulated.

And when we look at the video, and we all see what occurred, and we all go back to the testimony made by the prosecution, what you saw was a man who was on the ground struggling to breathe. It still comes back to that.

[06:20:06]

And if that is considered resistance, because you're attempting to breathe, I think that jury and anyone else that's out here watching will pretty much conclude that that defense witness really did not make the mark for them in their case.

And one thing Areva just said that I kind of take a different view on was the fact that he wasn't prepared. I would say he was prepared, John, and that was the best that he was able to do, and that was unfortunate. And I think that speaks to the level of his expertise.

HARLOW: Areva, in terms of mistaking, if that is what happened -- that's what the police chief asserts -- a gun for a Taser -- if you go back to the 2009 shooting of Oscar Grant in the Bay Area, that police officer was eventually convicted of involuntary manslaughter.

But this -- this is a very different time. There is the case just a year ago, the Noor case in Minnesota that Paul Callan just brought up. I wonder if you believe, as we wait for charges to potentially come down today against Officer Potter, if this -- if this is different and if you think more serious charges will be brought.

MARTIN: I think so, Poppy. I think you're absolutely correct. We are in a different era today than we were in 2009 when Oscar Grant was killed by those Metro -- those transit police in Oakland.

America is tired. The African-American community, in particular, is tired of watching police officers kill unarmed African-American men and women and not be held accountable.

I think, even though we saw that former police chief stand up very quickly and say that this was an accident, many in the community, and particularly in the legal community, don't believe that that explains away the actions or that that, in any way, relieves her of her responsibilities, the responsibilities that she had as a 26-year veteran of that police department. I think we will see more serious charges. I think more serious charges

are warranted, and I think this is a moment we have to start asking ourselves, how many of these murders are we willing to allow to happen?

And we can't reform our way out of this. We have to transform policing in this country, and hopefully, these unfortunate deaths that we've witnessed over the last year or so begins that conversation about transformative policing that protects rather than harms individuals in black communities throughout this country.

BERMAN: Areva Martin, Cedric Alexander, thank you both for being with us this morning.

So a moment of huge historical significance. President Biden will announce today that America's longest war will soon come to an end, but at what cost? CNN has an exclusive report from Afghanistan about what life is like in a Taliban stronghold. That's next.

(COMMERCIAL BREAK)

[06:27:15]

HARLOW: A really significant moment about to happen today. President Biden will announce this afternoon his plans to withdraw all U.S. troops from Afghanistan by September 11, thus ending America's longest running war.

Our Nick Paton Walsh is live in Kabul with an exclusive look at how the Taliban will run the country as it gains power -- Nick.

NICK PATON WALSH, CNN INTERNATIONAL SECURITY EDITOR: Poppy, it will be important to hear the precise details from President Biden later on today, but already, his officials are saying this withdrawal is not conditions based. Essentially, it's going to happen whatever.

And that sends an important signal to Americans, who probably don't want to see the 20th anniversary of America being in Afghanistan later on this year.

To the Taliban, who are gaining on the ground there but keep saying they're not interested in the Istanbul peace summit that President Biden has also called. Maybe the idea of a withdrawal will get them closer to the negotiating table.

And it will also impact many Afghans, deeply concerned about what may happen if American forces, who often are holding back Taliban advancing on key towns, are no longer here.

We've been finding out, though, what life is like under places where the Taliban have been in control for a number of years. And one particular town you may have heard of, where many Americans fought and some died, Musa Qala in southern Helmand.

(BEGIN VIDEOTAPE) WALSH (voice-over): Now America is leaving Afghanistan after nearly two decades of blood and treasure lost. What world does the U.S. leave behind for ordinary Afghans?

Taliban stronghold Musa Qala is where many American and British soldiers died. Now, it's a snapshot of how the Taliban will run Afghanistan.

We asked six men living there, two on camera, anonymously, in safety, what it's like. In short, bleak for women, a few smartphones. But for all, Taliban justice and Taliban taxes.

UNIDENTIFIED MALE (through translator): There are consequences. If you don't pay, they beat you or imprison you.

WALSH: A broadly medieval society, then, considering all the billions spent. Except just recently, with the odd smartphone allowed. That's how we got pictures of the streets.

Taliban roamed the market U.S. Marines once patrolled ten years ago. The Americans were based here, a location you can see on these satellite images not far from the empty shop with the Taliban have their contemporary courts, which they call "the room," dispensing swift, brutal justice.

UNIDENTIFIED MALE (through translator): Punishments depend on what the other side wants. If the plaintiff forgives a murderer, the court might not give a death sentence, but if the relatives demand it, they may.

For example, around four years back, three thieves were hanged to death.