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At This Hour

"Tulsa World": Volunteer Deputy's Training Records Falsified; Gyrocopter Operator in Court Today; Key Iraqi City Under Siege; Two More Murder Charges in Hernandez's Future. Aired 11-11:30a ET

Aired April 16, 2015 - 11:00   ET

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

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[11:00:37] KATE BOLDUAN, CNN ANCHOR: An explosive report that the reserve deputy who shot and killed an unarmed man was not certified to even be there that day. Were Robert Bates' training records forged? One of the reporters behind that story speaks out.

JOHN BERMAN, CNN ANCHOR: The most famous gyrocopter on earth. How on earth did it get to the lawn right next to the U.S. Capitol, evading all the security in one of the most secure airspaces on earth. Serious questions this morning.

BOLDUAN: I grabbed my children and ran. Thousands of families fleeing as ISIS closes in on a key Iraqi city. Desperate pleas for help to stop the crushing offensive threatening that city.

Hi, everyone. I'm Kate Bolduan.

BERMAN: And I'm John Berman. We have new developments in the shooting death of an unarmed black man by an Oklahoma reserve deputy. This report in the "Tulsa World", a newspaper, now claims supervisors were ordered to forge the training records of Robert Bates. Bates is a 73-year-old reserve deputy who says he accidentally shot Eric Harris when he mistook his gun for a taser. Now this new report is important and potentially devastating, because officials have claimed that Bates had all the training he was supposed to.

BOLDUAN: The newspaper also obtained copies of Bates training records, but the records may not provide a full picture of his qualifications, obviously, because authenticity of the records are now being questioned.

Ryan Young has much more of the details for us. He's joining us now. So, Ryan, what more are you learning?

RYAN YOUNG, CNN CORRESPONDENT: Well, Kate and John, a lot of people talking about this, obviously questions about the 73-year-old man who was a part of this detail. When you look at this video, you can actually hear him scream, "Taser, taser, taser." But instead of using that taser, apparently he fired that firemen. Later, the man would die.

Of course there had been questions about his training ever since then. And especially the fact that Bates had a close relationship with this sheriff's office. Over the years, he's donated five cars, some video equipment, and some money to the reelection campaign. But now these claims by the "Tulsa World" talking about the falsifying of records, the fact that three supervisors may have been reassigned because of not wanting to falsify the records, has everyone trying to question the record of not only his training but what was going on within this sheriff's office. We talked to his lawyer three days ago.

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SCOTT WOOD, ROBERT BATES' ATTORNEY: He's got the training. Every news outlet has checked with CLEET, the certifying agency in the State of Oklahoma. And everyone has been told he's a certified reserve deputy in the State of Oklahoma and has all the requisite powers that come with that. He's done the training. He's proven himself on the firing range.

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YOUNG: Now, Bates faces second degree manslaughter charges. His lawyer also told us he'd been on hundreds of operations like this one. But now all that is under question. Kate and John.

BOLDUAN: Ryan Young, thank you so much for laying it out for us. We're going to have much more on this later. One of the reporters who broke the story will be joining us later to discuss in this hour.

Also new today, a Florida mailman heading to court this afternoon to face charges after his I guess you call it a bizarre stunt, if you will -- a bizarre stunt to try to shut down -- that did shut down the U.S. Capitol for at least part of the day. Doug Hughes, he flew what we're now learning is called a gyrocopter.

BERMAN: Do not call it a helicopter.

BOLDUAN: Do not. Into restricted airspace. He landed on the West Lawn of the Capitol. The 61-year-old said it was a protest against the influence of money in politics. You're looking at some video right there of it.

BERMAN: He was carrying letters for every member of Congress, arguing for campaign finance reform. Whatever his reasons aside, he flew right through what is supposed to be some of the most restricted and protected airspace on earth. And this raises serious security concerns.

Joining us now to discuss this, very close to where that aircraft landed, our aviation correspondent Rene Marsh. Good morning, Rene.

RENE MARSH, CNN AVIATION & GOV'T REFORM CORRESPONDENT: Good morning John and Kate. It actually landed right in that green space that you see behind me, so very close because I'm right at the base of the actual Capitol building. So we're talking about just steps from there.

But later on this on this afternoon, this man, Hughes, will make his first court appearance. He will be before a judge to hear what he is charged with.

[11:05:00] It is unclear at this point exactly what the charges will be, but in addition to criminal charges, he could also face civil penalties.

We should note, and everyone knows by now, he was not authorized to fly in this airspace. The FAA has control of this airspace and they say that no one reached out to them to get special permission. So not only is the FAA investigating how this happened, but we do know today that the Senate Homeland Security Committee is also launching their own investigation. The chairman of that committee saying today that he is very alarmed by what happened here. He's concerned that someone was able to fly over an hour through some of the most restricted airspace.

And, really, that is the security question AT THIS HOUR. How is it that this happened? I spoke with NORAD yesterday and they said they didn't scramble jets because by the time they heard about it, it already landed there on the West Lawn. So we do know that there are agencies, along with the FAA, Secret Service, DHS, Capitol police, they're all monitoring radar 24/7 around the clock, eyes glued to this specific part of Washington, D.C., to make sure that no unidentified aircraft are flying through here. So if that's the case, how is it that NORAD didn't know about it until this gyrocopter landed? So that is the security question that's concerning many lawmakers here today as this man makes his first court appearance.

BERMAN: Rene Marsh, IF their eyes are glued to the airspace to see aircraft, how did they miss aircraft? Big question. Thanks for joining us, Rene.

BOLDUAN: Rene, thanks so much.

We're also watching this AT THIS HOUR, Hillary Clinton could be facing competition soon from another Democrat in the race for the Democratic presidential nomination. Former Rhode Island governor and senator and one-time Republican --

BERMAN: And Independent.

BOLDUAN: -- and Independent Lincoln Chafee. He might have let the cat out of the bag a bit early. He told John, Mr. John Berman, a little earlier this morning that he is running. He said that. He's running because of strong feelings about where the country is going. Listen.

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LINCOLN CHAFEE, FMR. RHODE ISLAND GOVERNOR: The flow in that argument is that I have a 30-year record to look at. And when they look at that 30-year record, they're going to see absolute consistency on fiscal responsibility, on the environment, on using the tools of government to help the less fortunate, on keeping us out of quagmires, on civil liberties, on a number of issues. Rock solid consistency.

(END VIDEO CLIP) BOLDUAN: Well, Chafee's spokeswoman later clarified that, despite what he said on CNN, Chafee has not formally declared his candidacy. He's still in the exploratory phase. He's expected to make some kind of announcement soon though.

BERMAN: All right, Chris Christie swears he is not done yet. He was in New Hampshire essentially campaigning for president, even though he, too, is not an official candidate. Right now he's pretty far back in the pack, which is a far cry from when he was seen as a potential front-runner. So the question is, is it over for him? Too late to have a chance? He says no way.

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GOV. CHRIS CHRISTIE (R), NEW JERSEY: Poll numbers go up and they go down based on your performance. And I am far, far from finished with my career. So you know, you have a chance to go back up again.

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BERMAN: In a recent poll, 69 percent of people in New Jersey say their governor would not make a good president. Just 41 percent say he's doing a good job running that state.

BOLDUAN: Sirens pierced the air today in Israel to mark Holocaust Remembrance Day and the 6 million Jews that were killed.

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BOLDUAN: You hear the sirens right there. Israelis pulled off the roads, stepped out of their cars, pedestrians stopped in their tracks to bow their heads two minutes in remembrance of those who perished at the hands of the Nazis during World War II. The names of all of those killed will be read aloud at parliament. President Obama marked the day, releasing a statement saying Americans must make real the words, "Never Forget, Never Again," and take a stand against bigotry and hatred.

BERMAN: Happening now, a key Iraqi city on the brink, perhaps, of falling to ISIS. The U.S.-led coalition is carrying out airstrikes right now over Ramadi, which is about 70 miles west of Baghdad. Iraqi government troops desperately trying to fend off an invasion essentially from ISIS militants.

BOLDUAN: The terror group has been attempting to seize government buildings and take over the city. Thousands of people are fleeing in fear that Ramadi could fall very soon to ISIS.

Let's bring in CNN's senior international correspondent Arwa Damon, who's live in Baghdad. Arwa, you were able to see firsthand those people running for their lives. What are they up against and what are then of course Iraqi forces up against as well?

ARWA DAMON, CNN SENIOR INTERNATIONAL CORRESPONDENT: Well, when it comes to the civilian population, it's quite simply being confronted with a level of fear and terror that we cannot possibly begin to imagine, seeing ISIS fighters storming into your neighborhood, taking over your home, especially given everything they have heard and in some cases even seen ISIS do in other areas that they have taken over.

[11:10:17] Those people that we met there absolutely terrified as they were fleeing. Many of them just bursting into tears at the thought of what was left behind.

Now, since we were there yesterday, ISIS did manage to move in from a number of different directions very close to the city center, overnight launching a complex attack on the government complex there. Iraqi forces did manage to keep them out. But the question is for how long. There have been ongoing calls for airstrikes, for additional troops on the ground. Those airstrikes actually materializing just a few hours ago. We are hearing from a local official in Ramadi saying that airstrikes took place on the outskirts of the city, effectively an effort to cut off the logistical and reinforcements coming into ISIS. Also some airstrikes in this city to try to prevent ISIS from advancing towards that government complex. But, at this stage, much more is needed, especially when it comes to troops on the ground to try to even begin pushing ISIS back.

BOLDUAN: Where those troops are going to come from, that's a huge question. Arwa Damon, thanks so much. Great to see you, Arwa.

BERMAN: All right, we got quite a story for you. Busted for allegedly trying to sell weapons to Mexican drug cartels, talking about two members of the Army National Guard. Officials call this downright brazen.

BOLDUAN: I'd say so. And another arrest in the alleged gang rape on a Panama City Beach that was caught on video. Authorities say, though -- this is almost worst part, folks -- that this was not unusual, this was not an isolated incident, with hundreds of people standing by when this alleged happened. Authorities say they're sick of it and how they are now planning on reining in the spring break.

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[11:15:23] BOLDUAN: Two Army National Guardsmen, they have been arrested for allegedly trying to sell weapons to Mexican drug cartels. Yes, that's true. The men were caught in a federal sting operation in San Diego and they're now set to appear in court today.

BERMAN: Yes, this is something. Officials say these guardsmen were so brazen that they actually wore their army uniforms during some of the sales.

Our justice reporter Evan Perez, he broke this story. Evan joins us now. Evan, this just sounds tough.

EVAN PEREZ, CNN JUSTICE REPORTER: It's remarkable. This is an investigation that took about eight months. These are two soldiers who worked at Army National Guard armory in Southern California near San Diego. Their names are James Casillas, he's 22 years old, and Andrew Reyes, 34 years old. They are now facing these charges of -- both of them are facing charges of dealing firearms without a license. And Reyes is additionally charged with unlicensed transportation of firearms across state lines.

Now this was an ATF sting run by ATF agents who told them, according to prosecutors in San Diego, told these two men that these weapons they were selling were destined for Mexican drug cartels. They were going to ship them across the border. And, apparently, according to prosecutors, they didn't seem to care. According to the charging sheet here, this is the arsenal they were selling, about -- at least seven firearms including AR -- four AR-15 rifles, an AK-47, an SKS rifle, a .40 caliber pistol, as well as thousands of ammunition that was stolen from the armory there in San Diego.

Again, this is something that the ATF says these men probably were doing well before they were approached by an undercover agent. And so now they're glad that they got them. They're appearing in court this afternoon. According to prosecutors, when these men were arrested, Casillas told the investigators that it was all Reyes' fault. So we'll see what happens in court this afternoon.

BERMAN: Sounds simply outrageous.

BOLDUAN: Brazen or stupid, probably both. Probably a mixture of both. Evan, great reporting. Thank you very much.

BERMAN: All right, check this out. From a $40 million contract with the New England Patriots to $0.50 an hour for making license plates. The new reality for convicted killer Aaron Hernandez. That's next.

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[11:21:19] BERMAN: Happening now, convicted killer Aaron Hernandez sits in a cell barely four miles from the stadium where Patriots fans used to cheer him on. He's in a kind of transitional prison center awaiting transfer to where he will serve his sentence, the high-tech, sterile, maximum security Souza-Baranowski Correctional Center in the town of Shirley, Massachusetts.

BOLDUAN: This sure isn't the end of the story for Hernandez, oddly enough. He is still facing very serious charges including, remember, two first degree murder charges. Authorities are claiming that Hernandez shot and killed two men near a Boston nightclub in July of 2012 a year before Odin Lloyd was killed.

Let's bring in to discuss the future for Aaron Hernandez, legal analysts Mel Robbins and Danny Cevallos. Danny, first to you. A lot of talk yesterday right after we go the sentencing that there will be an appeal by Aaron Hernandez' team. What does that appeal look like? What do you think the likelihood of success of that appeal would be? Let's start there.

DANNY CEVALLOS, CNN LEGAL ANALYST: People need to understand that appeals, when the lawyer comes out and says we'll appeal the verdict, it's not a de nova brand-new look at the case; it's anything but. Really the only thing the judge at the appeals level is going to look at is if the trial judge did something, really abused his discretion or did something wrong. And that means appeals by their nature, by their standard, are usually a long shot. Two items they may look at is the admission of cell phone data where

you may recall the judge made one decision on admissibility, and then changed her mind and allowed in the data to the detriment of the defense. That might be a point for appeal because it's highly unusual for a judge to say I've ruled on this motion; it's not coming in. I've changed my mind; now it's going to come in. That's highly unusual.

You might also see an appeal based on the motion to change the venue because of high publicity. That is not an easy motion to win. You need to show not only a lot of publicity, but some material prejudice. It has happened in the past, but it's an exceedingly difficult bar.

BERMAN: I mean, those jurors came out and spoke afterwards, they say they knew who he was, football fans. Is that in and of itself evidence post-facto, after the fact, that the venue mattered?

CEVALLOS: No, because you need -- the Supreme Court has said on this issue you need more than extreme pretrial publicity. The second prong you must prove is that pretrial publicity actually prejudiced the case. So you need a lot more than the mere existence of publicity.

BOLDUAN: So now, Mel, Hernandez is also facing, looking forward, more charges, including for a double homicide back in 2012, as we were laying out. What happens there?

MEL ROBBINS, CNN LEGAL ANALYST: Well, what's going to happen there is that case was originally on for May, you guys, but it was postponed pending this case. There will be a pretrial hearing scheduled. And let me tell you the difference between that case and the one he was just convicted for murder one on. That case has a witness. What's alleged in that case is that two gentlemen bumped into Aaron Hernandez at a nightclub and Hernandez was angry about it.

And so Hernandez left the club 2:30 in the morning. Witnesses say he was driving around looking for the BMW being driven by the guy that had bumped into him and spilled the drink on him, pulled up next to the BMW, fired five shots, killed both the driver, the front seat passenger. However, he also shot a guy sitting in the back. And that guy, strangely enough, he IDed Aaron Hernandez when he was arrested and on TV for the killing of Odin Lloyd.

And so this is a very, very strong case against him. And that's going to go to trial here in Massachusetts I would imagine sometime this summer or fall.

[11:25:01] BERMAN: Danny, it's interesting, I think people take a look at older murder charges, older murder cases, and think, well, that's even older, it's a few years old, it will be harder for the prosecution to prove. But there are times, and I've heard you say this, that it's actually sometimes harder for the defense the older the charges are.

CEVALLOS: Of course. Think about it. When the murder happens, the prosecution and the law enforcement begins their investigation that night. And they continue to investigate, continue to investigate. If they get an indictment, say, two years later, three years later, the first time a defendant or his attorney, especially, has any idea there's a criminal case is when they find out about the indictment. And it can be exceedingly difficult to come up with alibi information for a night in question two years ago, three years ago, maybe more. And because there's no statute of limitations on murder, it can be potentially infinite. I t could be 20 years ago if you get indicted 20 years after a killing.

BOLDUAN: That's so interesting. Well, clearly not over yet even though he's probably going to be sitting in that same jail cell for a very long time. Danny Cevalos, Mel Robbins, great to see you. Thank you so much for joining us.

Ahead for us AT THIS HOUR, an explosive report on the volunteer deputy who pulled the trigger in that fatal shooting in Oklahoma. Were supervisors ordered to falsify his training record? That's what one newspaper says that they found out. What you need to know now.

BERMAN: But first, want to tell you about a remarkable CNN series that begins Sunday night. We take you inside Colorado's marijuana business. This now a preview of "HIGH PROFITS".

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UNIDENTIFIED MALE: They're parasites.

UNIDENTIFIED MALE: They've got no contribution to this society.

UNIDENTIFIED MALE: They're preying on our community and our kids. And it's going to end badly.

UNIDENTIFIED MALE: He's got exactly $100,000 in cash in the back of his car. I bet there's guys right there in that prison for doing just what we're going to do.

UNIDENTIFIED FEMALE: I want the Breckenridge Cannabis Club to be a household name.

UNIDENTIFIED MALE: This is us pioneering a new industry.

UNIDENTIFIED MALE: Going after every resort town in Colorado. His plan is brilliant.

UNIDENTIFIED MALE: This is a big boy operation now.

UNIDENTIFIED FEMALE: We are not Amsterdam of the Rockies; we're Breckenridge.

UNIDENTIFIED MALE: Absolutely unbelievable to us that this has happened so quickly.

UNIDENTIFIED FEMALE: That's when the town erupted.

UNIDENTIFIED MALE: All hell broke loose.

UNIDENTIFIED FEMALE: I think we have an image to protect. UNIDENTIFIED MALE: The powerful elite has definitely put the pressure

on.

UNIDENTIFIED FEMALE: Everyone is playing everyone.

UNIDENTIFIED FEMALE: They are going to have a target painted on their back.

UNIDENTIFIED FEMALE: That is a real threat.

UNIDENTIFIED MALE: There's $2 billion to be had next year. I plan to take more than my fair share.

ANNOUNCER: "HIGH PROFITS". Series premieres Sunday night at 10:00.

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