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Prosecution And Defense Rest Case, Closing Arguments In Chauvin Trial Monday; Ex-Officer Who Shot 20-Year-Old In Traffic Stop Appears In Court; White House: Sanctions, Diplomacy Could Lead To Better U.S.- Russia Relationship; Biden Imposes New Sanctions On Russia, Will Expel Russian Diplomats. Aired 12p-12:30p ET

Aired April 15, 2021 - 12:00   ET

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

[12:00:00]

JOHN KING, CNN HOST: Today, you'll have the judge's instructions to jury about the law what they should not consider. And then inevitably questions come up from the jury and the judges as they're trying to walk through there. This will be done in this COVID era and it'll be done by Zoom.

Just telling Mr. Chauvin you need to be available. You don't need to be in the courtroom every day, but you need to be available to us if we need you.

LAURA COATES, CNN SENIOR LEGAL ANALYST: And most importantly, here, the jurors are not going to be sequestered following closing arguments for the duration of deliberations, they were told to pack, pack for a long time, but hope for a shorter amount of time taking into consideration that we've had three weeks now of testimony.

But of course, the most memorable testimony is going to be what drives the jury's decisions here and the prosecution is going to have to do a phenomenal job in the closing arguments of really threading through all of the different aspects of this trial, using that star witness at the 9 minute and 29 second video.

Hearing from George Floyd himself, who although has now died, is still going to have his voice loomed very large over this entire thing. His statements are now about not being able to breathe the silence after he lost consciousness, the statements of the bystanders, the law enforcement officials who testified.

And of course, the last person we heard from was the dynamite pulmonologist expert, who also gave great testimony in the prosecution's case. If you balance that as a jury wrong this three day weekend, John, and now also what sticks in your mind is the prosecution's case, it had those moments, the defense case, really not memorable to move the needle.

So you got to wonder how the defense at their closing is going to try to undermine at their final bite at the apple, all the things the prosecution was able to accomplish in this trial.

KING: And the most dramatic things that happened today, the most significant things from a rule of law perspective or how the trial would go forward perspective happened with the jury, not in the courtroom, and that happened in the pre trial session this morning.

Chief and let's start with the defendants decision. It is his constitutional right. If you are on trial in the United States of America, you do not have to testify at your own trial. The burden is on the prosecution. We did not expect Derek Chauvin to testify, but you never know until the end.

And so in the courtroom this morning, first a conversation back and forth between Mr. Nelson his attorney and Mr. Chauvin proving to the judge that they had discussed this issue many, many times because of the defendants' rights and then Officer Chauvin talking directly to Judge Cahill about his decision not to testify, listen.

(BEGIN VIDEO CLIP)

PETER CAHILL, JUDGE: Is this your decision not to testify?

DEREK CHAUVIN, FORMER POLICE OFFICER: It is, Your Honor.

CAHILL: All right. Do you have any questions about your right to remain silent or to testify on your own behalf?

CHAUVIN: Not at this time? I don't.

CAHILL: All right. Does anyone promised anything or threatened you in any way to keep you from testifying?

CHAUVIN: No promises or threats, Your Honor.

CAHILL: Do you feel that your decision not to testify is a voluntary one on your behalf?

CHAUVIN: Yes, it is.

(END VIDEO CLIP)

KING: The Judge then accepts that the defendant's right not to testify. I want to hear both of your thoughts on this. Let's start with you Chief Ramsey. And I heard you earlier in the day saying this was - you expected this - the case because if Derek Chauvin gets on that stand, he is open to everything.

CHARLES RAMSEY, CNN LAW ENFORCEMENT ANALYST: Exactly right. And that would put him in a terrible position and would - I think go a long way toward him losing the case, as opposed to even having a slight chance of winning.

I mean, there's no justification for what he did. And I believe having watched the prosecution now for the last three weeks and how skillful they are at questioning witnesses; they would literally rip him to shreds. And so I'm not surprised he's not going to testify.

I think it's in his best interest that he doesn't testify. And so the only surprise would be if he said he was so I think he made a good decision for himself.

KING: And to that point, Laura, the potential value. We've heard the defense theory throughout, right? They are trying to make the case that there was a struggle beforehand, Officer Chauvin thought George Floyd might struggle again.

He knew he was under the influence of controlled substances. He was worried about that. At one point, Mr. Nelson has said repeatedly, the Officer Chauvin was starting to get worried about the crowd. And was he under threat from the crowd and maybe he became distracted and wasn't paying attention to Mr. Floyd's care and health.

To hear Officer Chauvin's perspective there could potentially be helpful to the defense. The problem is, and then the prosecution can say you went to all of your training, right where you were told not to do these things, right? You agree?

COATES: Absolutely. They've contemplated all of the different flowchart analysis here. If he were to say, look, I thought I was following my training. Well, we've heard multiple witnesses who said this was not the training. In fact, you were trained the opposite it because well, I had no idea he was under physical duress.

Well, we've seen from the video with our own eyes, and the jury has seen as well, 9 minutes and 29 seconds worth having this person be at least under physical duress, for the last four minutes or so no longer being conscious, and bystanders calling out imploring him to do something.

He could also say I waited for medical personnel to arrive before rendering aid. We know that in your - if you're in the police custody, you have a duty of care owed to provide and render CPR other services. Even if you don't think you were the cause of the physical duress.

And finally the idea of saying, well, look, the crowd was so distracting to me. I could possibly perform my duty here while the EMTs arrived and they were able to be nimble around this very thing.

[12:05:00]

COATES: So when you kind of go through and walk through the potential responses he could give all he's left with essentially is trying to appeal to one or more jurors to say, look, I made a mistake. I didn't mean to. It could have been used could have happened to anyone.

Then again, you have other officers on the scene and other people looking at this and saying, no, what would it take to move off this person's neck? And again, the final thing that normally is what officers get for the benefit of the doubt is the idea of having to make split second decisions, John.

They have - they don't want you to have the Monday morning quarterback and use your 2020 hindsight to now judge a split second decision. Think of how the prosecution started this case, 9 minutes and 29 seconds, and not a split second among them. This was contemplative, how will he answer that? It was a good decision, although the prosecutor and I would love to see him be cross examined and all these things, it was probably a prudent decision for him to stay off of that stand.

KING: The other dramatic thing this morning and your eyes always pop when you know it's the day the defense is going to rest. You know, you're getting to the point where you're at the end of the trial. And at the pre trial hearing this morning, you hear the words newly discovered evidence that is a shock at any point in a trial, but especially right at the end of the trial.

And what the prosecution was telling the judge is when the defense expert and medical doctor testified yesterday, he was raising these theories about carbon monoxide potential carbon monoxide poisoning in George Floyd that the medical examiner went back and looked at the references.

Oh, we found a test that directly refutes what that expert witness said. So the judge this morning said sorry, you were warned this theory you were one months ago, this theory might be raised by the defense medical experts. You should have looked then to find the test. And listen here when the judge said very clearly, any mention of this, and this is a mistrial.

(BEGIN VIDEO CLIP)

CAHILL: The late disclosure has prejudiced the defense; it's not going to be allowed. So Dr. Tobin will not be allowed to testify as to those lab results. If there's anything he wished to add about carbon monoxide as far as environmental factors. But if he even hints that there are test results that the jury has not heard about, it's going to be a mistrial pure and simple. This late disclosure is not the way we should be operating here.

(END VIDEO CLIP)

KING: Chief that was a back in your chair moment in the sense that the prosecution wanted to bring in the test result that said George Floyd's carbon monoxide level was 1.5 percent. They've had that evidence for months. They've had that evidence since May; the blood was drawn back after Mr. Floyd was killed in May.

The prosecution wanted to bring that in to say to the jury essentially pay no attention to Dr. Fowler, because what he said is a cockamamie theory. And we have the evidence to prove it wrong. But the judge said no, you should have done your homework back in February and March and April, as we were moving through the pre trial process. You can't bring it in.

RAMSEY: And the judge is absolutely right. I mean, for the first time in three weeks, we actually saw the prosecution actually on its heels a bit during that discussion. You know, the case like this at a high profile case like this, you would think that every single analysis would be conducted, and that it would be thoroughly reviewed by the prosecution. And if they had that information, then they should have brought it forward, especially since the defense did raise it with Dr. Fowler, where he raised that issue and on cross examination, the prosecution pretty much - it as if, you know, it was just foolish to even raise that particular issue.

And so, you know, I - it's - they were walking a real tight rope there with the rebuttal witness, Dr. Tobin, because if he had messed up, this would have been a mistrial. And that would have had huge ramifications beyond the courtroom.

KING: And to that point, Laura, as a former prosecutor that the prosecution in the State of Minnesota decided we're going to do it. We're going to bring Dr. Tobin back into the room, because there is a test A; that mostly makes the point.

They wanted to bring in test B, which directly refutes the testimony of Dr. Fowler, the judge said don't touch test B, do not touch test B. So they bring in the witness. And you know the trained lawyer knows I cannot say this, but I heard you speaking earlier about what about the witness, witnesses can sometimes just start to talk. Listen to Dr. Tobin and then on the other side of question.

(BEGIN VIDEO CLIP)

DR. MARTIN TOBIN, PULMONOLOGY EXPERT: We know in Mr. Floyd, that it was 98 percent saturated.

UNIDENTIFIED MALE: So 98 percent saturated with oxygen?

DR. TOBIN: With oxygen when they measured it in Hennepin County.

UNIDENTIFIED MALE: So in other words, as to the statement that his carboxyhemoglobin could have increased by 10 to 18 percent. In your view, that's not possible.

DR. TOBBIN: It's simply wrong.

UNIDENTIFIED MALE: And it was at most 2 percent.

DR. TOBIN: At most 2 percent.

(END VIDEO CLIP)

KING: Again, they have a test that says it was 1.5 percent. He just could not say that. So you're walking up to the line. And if as an attorney, you're holding your breath, asking the witness, please don't cross the line. Get right up to the edge, but don't cross. Did you do it?

COATES: He did it. And this was kind of an evidentiary thesaurus of sorts, right?

[12:10:00]

COATES: I can't mention this. What else can I use to describe this? I'll use what's already in evidence is oxygen related data to draw the inference of look, this must be true. If this is the oxygen level than the carbon monoxide level must be X; without actually putting your hand on that hot stove.

But I tell you, prosecutors always know you never want to ask that one question too many, because you invite already very chatty Cathy witnesses, whether they're talking about a level of expertise or otherwise, expert witnesses want to provide testimony. They want to speak, in this particular witness as well sat on the stands for hours.

And they asked him, why did you come to testify initially? And he said, well, I was asked him not to be helpful, and he volunteered his services. This is a red flag for prosecutors to know this might be somebody asked one question too many.

But Attorney Blackwell did a good job of really staying on the straight and narrow. And I would add, had the defense on cross open the door John, had the defense on cross raise that particular report, they no longer would have had the benefit of saying hey, well, you prejudiced us by even having this mentioned.

And you saw even Attorney Eric Nelson, sitting down very quickly because he did not want to lose whatever ground he would stand on. In the event he wanted to later raise this on appeal.

KING: That's one of the many remarkable moments throughout this trial. But in this final day of testimony again, the defense has rested the prosecution has rested closing arguments will be on Monday. The judge giving the jury a long weekend before they begin their very consequential deliberations.

Laura Coates and Chief Ramsey, grateful not just for your help and insights this morning, but throughout the past 14 days of testimony and we'll share your feedback with us on Monday. Up next for us another dramatic case and also in Minnesota, the Former Police Officer who fatally shot Daunte Wright today it makes her first court appearance.

(COMMERCIAL BREAK)

[12:15:00]

KING: A major court appearance slated for this afternoon in Brooklyn Center, Minnesota that the site of America's latest racial flashpoint. The Former Police Officer Kim Potter makes her first court appearance for a judge. That hearing will be held virtually.

Potter a white woman faces a second degree manslaughter charge after she's shot and killed 20 year old Daunte Wright. A black man over the weekend in a traffic stop turned fatal encounter. Let's get straight out to Brooklyn Center. CNN's Adrienne Broaddus, Adrienne what are we told to expect in this hearing this afternoon?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Well John, that hearing this afternoon which will happen via Zoom will likely be brief. The judge will read the criminal complaint against Potter, who has been charged with second degree manslaughter here in the State of Minnesota.

Second degree manslaughter carries a maximum sentence if convicted, up to 10 years in prison and or a $20,000 fine. Roles are reversing for the officer who spent a great deal of her career here at the Brooklyn Center Police Department. She started working here at the Department back in 1995.

The 48 year old according to the criminal complaint was training a rookie officer on the day she fired that shot a shot that ended the life of 20 year old Daunte Brown. The criminal complaint also tells us a BCA investigator examined the belt that carried Potter's gun and her taser.

According to the complaint, she pulled the gun with her right hand her nine millimeter handgun and pointed it at Wright before firing one round. The yellow taser with the black grip was on the left side of that belt holster.

So the big question that a lot of people in the community have asked how she mistook the two. We will hear what happens in court today. She's going to be in court local time in a few hours, John.

KING: Adrienne Broaddus on the scene for us, grateful for the live reporting. I know you'll stay on top of this case for us thank you Adrienne. And today the Vice President Kamala Harris adding her voice to this ongoing conversation about policing the body camera video, the case we just talked about there you hear Officer Potter shouting taser, taser, taser, before she just started the gunshot that killed Daunte Wright.

In an interview Wednesday, the Vice President says she wants accountability in this case, and she puts the burden on police training.

(BEGIN VIDEO CLIP)

KAMALA HARRIS, U.S. VICE PRESIDENT: Among the issues is the issue of training and, having law enforcement who carry both be very clear about the difference between the two because as we have seen, the consequences can be the loss of life. There has to be among other things on this issue. Serious training before someone is allowed to carry the two of those things.

(END VIDEO CLIP)

KING: Up next for us major international news, the White House officially blames Russia's intelligence service for a massive cyber attack and it imposes new sanctions as punishment.

(COMMERCIAL BREAK)

[12:20:00]

KING: The Biden Administration today slapping sweeping new sanctions on Russia including expelling Russian officials stationed here in the United States. This is a response both to the 2020 election interference from Moscow and the solar wind cyber attack that breached vital U.S. government agencies and private businesses.

The move escalates tensions with Moscow but the White House says President Biden is still hopeful to schedule a summit with Vladimir Putin sometime in the months ahead, later this year. Biden National Security Adviser Jake Sullivan telling CNN this morning, the administration is adamant that Russia be held accountable. But he says there also is an opportunity here.

(BEGIN VIDEO CLIP)

JAKE SULLIVAN, NATIONAL SECURITY ADVISER: We believe that all together both the actions we are taking today and that broader diplomacy can produce a better set of outcomes for us Russia relations.

(END VIDEO CLIP)

KING: CNN's Kylie Atwood joins us now live from the State Department, interesting perspective there Kiley that we're slapping some significant punishment, but we hope in the long run something better comes of it.

KYLIE ATWOOD, CNN NATIONAL SECURITY CORRESPONDENT: Yes, that's right. The administration essentially is making the argument that their response today is proportional in response to what Russia had done the malign actions that they had carried out that undermine the United States and Americans and America's allies.

So I want to kind of work through the tremendous costs that have been inflicted on Russia by the Biden Administration today.

[12:25:00]

ATWOOD: First of all they sanctioned individuals and government in the government and intelligence agencies that were involved in that solar winds attack on U.S. government agencies on private companies. They also went after individuals who were involved in the 2020 presidential interference efforts.

The other thing that they did was expel 10 Russian diplomats those are folks that are essentially are saying are spies of Russia. So they are kicking them out, they have to leave in 30 days. And then the third thing is that, you know, with an executive order, and with efforts by the Treasury Department, the Biden Administration is going after Russian sovereign debt.

That's a way to restrict the Russia's economy. This is an important area. I want to point out, John, because this is an area where the Biden Administration says that they can ramp up if they want to in that executive order, there's room for Biden to do more down the line.

Now, the question here, of course, with all of this is, you know, what gives? Will this make an impact? Is this going to change Russia's actions? Officials told me that they're not sure that it will. But the bottom line is that the Biden Administration is doubling down on its commitments to hold Russia accountable. And as you said, they're doing this alongside their efforts to try and open, maintain open communication with Russia. Russian President Vladimir Putin received a phone call from President Biden ahead of these actions that were taken today.

And on that phone call, Biden warned him that they were coming. He also proposed that the two leaders sit down. And he said that because you know, the Biden Administration is saying that we need to continue talking with Russia.

The other aspect here I want to point out, John, is that the Biden Administration is also saying that there are going to be on scene elements of their response to Russia. So not everything that we are seeing today is the totality of what they are doing in response to Russia's malign actions.

KING: Right. And often in cases like this, those unseen elements are they are being blamed now for a cyber attack on the United States with guest returning the favor, if you will, is the wrong terminology. But it's likely one of the things that happens here.

Kylie, stay with me for a minute because our colleague, our Chief White House Correspondent, Kaitlin Collins, just tweeting out the President Biden will speak to this at 4:30 later this afternoon. So four hours from now, we'll hear directly from the president.

It is an interesting balance. And we're seeing it not only now in the case of Russia, but also in China, the Climate Envoy Former Secretary of State John Kerry is talking to China about climate issues at a time the administration has some pretty strong policy differences with China. Can they do the same with Russia? Say that we disagree with this?

We're going to sanction you about that. But can we cooperate on say arms control or other issues?

ATWOOD: Important that this is their posture here. They're saying we're going to be tough, but we're going to be fair, essentially, we're going to hit back at you when it's necessary. But we're going to work with these countries that are adversarial to the United States, when it's in the interest of the United States.

And it's important to note that this Climate Change Summit that's taking part next week, virtually, with world leaders, the Biden Administration invited not only China, but Russia also to partake in that conversation. So the Climate Envoy, Secretary Kerry is, you know, working on that as he is in China this week.

And of course, we'll have to see which leaders show up to that effort and really take the opportunity to work with the United States in these areas where the Biden Administration is saying, hey, we have overlapping interest. Let's do something here.

KING: 85 days into the new administration, several international challenges front and center. Kylie Atwood, great - we're grateful for the reporting and insights there. Let's focus on another one right now.

The Secretary of State Tony Blinken is in Afghanistan today. That visit was announced and it comes just one day after President Biden announced he will withdraw all U.S. troops from Afghanistan by the 20th anniversary of the 9/11 attacks. This morning, Secretary Blinken saying after two decades, nearly two decades now of U.S. troops on the ground in Afghanistan, the worker head no longer a military effort.

(BEGIN VIDEO CLIP)

ANTHONY BLINKEN, U.S. SECRETARY OF STATE: There is no military solution to the conflict that remains here. The only path forward to a durable, lasting and just end to the conflict is through negotiation is through a political agreement.

(END VIDEO CLIP)

KING: President's plan is to begin drawing down those troops on May 1st, and that plan is getting mixed reactions from lawmakers up on Capitol Hill. Let's go straight up to Capitol Hill right now our Chief Congressional Correspondent Manu Raju. Manu, what is the fallout?

MANU RAJU, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Yes, actually mixed reaction from both parties. There's some on the Democratic side who are applauding what President Biden did. There are people like Chuck Schumer, the Senate Majority Leader who is supportive of what the move to withdraw troops from Afghanistan.

There are also some democratic critics like Jeanne Shaheen of New Hampshire criticizing the president also, the Bob Menendez the Senate Foreign Relations Committee Chairman raising concerns as well.

And also the Republican side overwhelmingly, there have been criticism from Republicans like Mitch McConnell.

[13:00:00]