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New Day

Vikings Ban Adrian Peterson; Manhunt in Pennsylvania; Rivers' Doctor Snapped Selfie; Film Highlighting the Trial of James "Whitey" Bulger

Aired September 17, 2014 - 08:30   ET

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


KEYSHAWN JOHNSON, ANALYST, ESPN NFL COUNTDOWN: Every now and then, yes, you may pop them on the hand and get their attention if they go to touch a hot stove or something along those lines, but you do not do what Adrian Peterson did.

CHRIS CUOMO, CNN ANCHOR: Does the league need to have a new policy that if you are arrested for domestic violence, including violence against a child, we don't care what happens with the process, we're suspending you pending it, we live by a higher standard in the NFL?

JOHNSON: You know, I'm torn between that, Chris, as you know. I think when you look at the zero tolerance, I think you have to gather certain information because a lot of times, you know, people are convicted in the form of public opinion and you really don't have all of the evidence in place. When you look at the domestic violence situation with Ray Rice, yes, there's a video. You look at Adrian Peterson and child abuse, there's pictures.

But a lot of times, here in particular in the state of California, because every state has a different law, back in the springtime myself, I was accused of misdemeanor domestic violence because I took then my fiance's cell phone and threw it on the ground. But because of the O.J. Simpson laws that I would say the O.J. Simpson law because back in the day they came to O.J.'s house, they didn't do anything, and then later on his wife was murdered. So when you look at that you say, OK, in my case, I was accused of something, but nothing even close to that even happened.

So you have to kind of figure out due process, but yet and (ph) still (ph), what's the evidence in the Ray Rice situation? There's a video. In the Adrian Peterson situation, there's the pictures. So it's kind of fickle for me in terms of that, but I would definitely say you go zero tolerance, you suspend the guy, you gather all the information, you spend him with pay and if you hire your team of people, much like Disney did with me, they hired their own investigators, along with the sheriff's department here in Los Angeles, and they found nothing after their investigation and I went on and continued working.

CUOMO: I respect you bringing up your own situation. And last question, does Ray Rice get back in and get picked up and does Roger Goodell now face real risk of being on the way out?

JOHNSON: I think when you look at the Ray Rice situation, because of the -- because of the beginning with Roger Goodell and giving him the two-game suspension and then coming back and suspending him indefinitely, I think it's wrong because he's getting double punishment. That's why the NFLPA is stepping in in this situation. But yet and still I think had they got it right in the beginning -- this isn't the first domestic violence situation in the National Football League by no stretch of the imagination. It's been going on for a very long time. But again, we wouldn't be sitting here talking about this on ESPN or on CNN if the commissioner's office got it right from the beginning many years ago. Now they have an opportunity to get it right, so I believe you allow them to get it right and see what happens from there.

In terms of Roger Goodell's career and if he should be fired, if he's lying to us, and he actually saw those videos and actually Ray Rice told him the truth, then I would say something has to happen to him. I don't know if it's a $5 million fine of the $44 million that he makes to pay to some sort of domestic violence initiative, but I thinking something needs to happen to the league office.

CUOMO: Remember what he said to Sean Payton when he suspended him, if you didn't know, you should have known.

Keyshawn Johnson, thank you very much for joining us. Make me a promise you'll come back on NEW DAY. We need your insight and your intelligence when these stories come back. Make me the promise you'll come back.

JOHNSON: Hopefully, Chris, these stories won't come back.

CUOMO: But there's plenty other stories.

JOHNSON: We've been dealing with this for quite some time.

CUOMO: Plenty of other -- I'm taking that as a yes. Keyshawn Johnson, thank you very much.

JOHNSON: All right, thanks for having me.

CUOMO: Another story for you this morning. Alarming new details in the investigation into Joan Rivers' death. Listen to this. Sources tell CNN the doctor stopped to take a selfie with Rivers while she was under anesthesia. That is only part of what we're finding out. You're going to want to hear it, coming up.

(COMMERCIAL BREAK)

KATE BOLDUAN, CNN ANCHOR: Authorities in Pennsylvania have named their suspect in a deadly ambush on two state troopers. Here is the alleged triggerman right here, Eric Matthew Frein. Cops say that he is armed and dangerous still, and he is responsible, they say, for killing one officer, injuring another. The Pocono Mountain School District is keeping students home for the day as the search intensifies. That just shows how serious they are taking this situation. Jason Carroll is live in Pennsylvania with much, much more.

Good morning, Jason.

JASON CARROLL, CNN CORRESPONDENT: And good morning to you, Kate.

You know, state police out here are working with the FBI to try and find Frein. Investigators called him a coward and they said they will find him.

(BEGIN VIDEOTAPE)

CARROLL (voice-over): Police searching through the night for Eric Matthew Frein, a survivalist, who spoke of mass murder. They also say he ambushed two Pennsylvania state troopers Friday night.

FRANK NOONAN, COMMISSIONER, PENNSYLVANIA STATE POLICE: Frein is not in custody. He is at large and is considered armed and extremely dangerous.

CARROLL: About 200 law enforcement officials, including members of the ATF and FBI, are searching a densely wooded area in northeastern Pennsylvania for Frein, who police say fired four shots at the Blooming Grove State Police barracks, killing Corporate Bryan Dickson and critically injuring trooper Alec Douglass. One resident spotted a Jeep, believed to be Frein's, partially submerged in a pond about two miles from the shooting. Inside the vehicle, investigators found shell casings that match those at the crime scene, two empty rifle cases, military gear and camouflage makeup.

NOONAN: What I want to emphasize to everyone is that this fella is extremely dangerous. We have no idea where he is.

CARROLL: Officials say Frein has expressed hatred toward law enforcement in the past, that he made statements about wanting to kill officers and committing mass murder. Police caution that the 31-year- old Pennsylvania native is very familiar with the area he's suspected to be hiding in, though authorities say they are confident they will eventually find him.

LT. COL. GEORGE BIVENS, DEPUTY COMMISSIONER OF OPERATIONS, PENNSYLVANIA STATE POLICE: We will find you and we will seek justice when we do.

(END VIDEOTAPE)

CARROLL: And Frein lived with his mother and his father, located just about an hour from where we are right now. His father says an AK-47 and a rifle are missing from the home inside his bedroom. They also found a book. Investigators say it was titled "Sniper Training and Employment." And, once again, this is a man who is armed and dangerous and he has already proven himself to be deadly.

Kate.

BOLDUAN: Absolutely, and terrorizing that town all the while, while they say the search continues. Jason Carroll on it for us. Thanks so much, Jason.

CUOMO: Some stunning revelations this morning in the investigation into Joan Rivers' death. The New York outpatient clinic where Rivers was being treated has been under fire. Now there is word the comedienne's doctor was beginning to perform an unauthorized procedure at the facility and did something no doctor in any operating room should ever do. CNN's Susan Candiotti is all over this for us, following the developments.

What do we know this morning?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Amazing developments, Chris.

A source is telling us one of the doctors involved in Joan Rivers' care was snapping a selfie while she was under anesthesia. CNN also learning the case is expanding. A source close to the investigation telling us, federal authorities are also now looking at the clinic. A division of Health and Human Service won't confirm or deny it.

(BEGIN VIDEOTAPE)

CANDIOTTI (voice-over): A source tells CNN, investigators are learning this, an unauthorized procedure, a biopsy on Rivers' vocal chords, was begun on the comedienne while she was sedated. Staffers told authorities they found no signed consent form from Rivers. If so, ethicist Dr. Arthur Kaplan (ph) says that's a red flag.

UNIDENTIFIED MALE: Knowing exactly what's going to happen to you is crucial to any care interaction.

CANDIOTTI: The morning began like this. Our source says Rivers was undergoing a scheduled endoscopy by the clinic's gastroenterologist, Dr. Lawrence Cohen (ph). Inserting a tiny camera down her throat, looking for possible digestive issues, when staffers say Cohen saw something. While Rivers was still under anesthesia, staffers told authorities Rivers' personal ear, nose and throat specialist examined Rivers' vocal chords and began a biopsy. And in addition to the fact the procedure was unauthorized, our source says the ENT doctor was not certified to operate there.

UNIDENTIFIED MALE: Even though you are a licensed physician, you still should have, if you will, the checks and balances to get you approval to practice in a particular place.

CANDIOTTI: And there's more. In a statement, the clinic flatly says a biopsy of the vocal chords, quote, "has never been performed at the clinic." While technically true, it doesn't appear to be the whole story. The ENT doctor may not have completed the biopsy, but our source says it was started. Our source says as the unauthorized biopsy got underway, Rivers' vocal chords began to swell, cutting off her oxygen, putting her into cardiac arrest.

CANDIOTTI (on camera): Doctor, if there were oxygen deprivation to the brain, what particular impact might that have if someone is elderly, in this case, 81 years old?

UNIDENTIFIED MALE: The effect of having no oxygen on the brain, it's damage to the nerve cells, which can precipitation as coma, paralysis. But in the elderly you have less reserve, you have less of a window to correct it.

CANDIOTTI: When Rivers' heart stops beating, seconds count. It's 9:40 a.m. The clinic calls 911. The call gets the highest code. Five minutes later, New York fire rescue arrives. CPR is underway. A defibrillator is attached. A breathing tube inserted. Fire rescue takes over CPR.

9:47, a Mount Sinai ambulance team arrives and joins the efforts. A minute later, a second fire rescue unit arrives. By 9:50 a.m., 10 emergency personnel are on the scene. One week later, Joan Rivers is dead.

As New York's medical examiner and the state's health department continue to investigate, the clinic announcing a shakeup. In a statement saying, Dr. Cohen "is not currently performing procedures, nor is he currently serving as medical director." At this time, a source says neither Dr. Cohen nor the ENT is being accused of wrongdoing. Citing federal privacy laws, the clinic declines comment on whether Rivers' personal doctor was there and performed a biopsy.

(END VIDEOTAPE)

CANDIOTTI: And now this, a company the clinic pays for accreditation, not required by New York, is telling the clinic to stop procedures pending an investigation. But we're told only the state has the power to do that and their investigation is still going on.

MICHAELA PEREIRA, CNN ANCHOR: All right, time for the five things we need to know for your new day.

(BEGIN VIDEOTAPE)

PEREIRA (voice-over): At number one, the Minnesota Vikings reversing course, announcing they've banned Adrian Peterson from all team activities pending the outcome of his child abuse case. The team had just reinstated Peterson for their game Sunday.

President Obama's in Tampa this morning for a big military briefing on the campaign against ISIS. He'll meet with top commanders at the MacDill Air Force Base.

A Rochester man -- a Rochester, New York, man has been indicted on charges of providing support to ISIS in Syria. Mufid Elfgeeh is accused of trying to help three men travel to Syria to join ISIS fighters and also to plot to kill U.S. service members.

The House committee investigating the 2012 Benghazi attacks holds its first public hearing today. Former Homeland Security and security service officials are among those set to testify.

And at number five, big days in Scotland. Voters there heading to the polls tomorrow to answer yes or no to the question, should Scotland breakaway from the UK? It is expected to be an incredibly tight race. We'll be watching.

(END VIDEOTAPE) PEREIRA (on camera): Those are your five things to know for your NEW DAY. Now, here are a few extras to help brighten your day.

(COMMERCIAL BREAK)

(BEGIN VIDEOCLIP)

UNIDENTIFIED FEMALE: Prosecutors describe James "Whitey" Bulger as the center of mayhem and murder in Boston for 30 years, the boss of Boston's notorious Winter Hill Gang. A man so dangerous that he joined Osama bin Laden at the top of the FBI's most wanted list.

(END VIDEOCLIP)

PEREIRA: That was a look at the new CNN film "Whitey," airs tomorrow. It takes a critical look at the trial of notorious Boston gangster, James "Whitey" Bulger.

(BEGIN VIDEOCLIP)

PEREIRA (voice-over): In the '70s and '80s, Bulger was one of the most well known, most feared criminals in the organized crime world. He was on the run for more than 16 years before that capture in Santa Monica, California in 2011. The film follows his 2013 trial through the perspective of the prosecutors, the victims' families, even Whitey himself, which is really compelling.

(END VIDEOCLIP)

PEREIRA (on camera): Joe Berlinger is the director and producer of "Whitey: United States of America Versus James J. Bulger." He's here with me now. Nice to see you again.

JOE BERLINGER, DIRECTOR, "WHITEY: UNITED STATES OF AMERICAN V. JAMES J. BULGER" : Good to see you, thanks for having me.

PEREIRA: Big day here for CNN.

BERLINGER: Yes.

PEREIRA: Tomorrow, the film's airing. A lot of people, I think all of us have kind of been obsessed with the story. I know it's not just me.

BERLINGER: Yes.

PEREIRA: But it's so interesting to see that this guy, a renowned criminal, skates, skates, skates for a long time Not even anything as much as a traffic ticket.

BERLINGER: Yes. Spent 25 years on top of the criminal empire in south Boston. Didn't get arrested. No indictments. The million dollar question is why?

Some people think he was an FBI informant. At the trial this past summer, there's evidence to suggest that maybe he was not an informant, that there's a much deeper, uglier story as to why he was protected. And that's really why I made the film, because the victims' family members deserve to know why Whitey was not taken off the streets, because they lost loved ones.

PEREIRA: Well, its so interesting to me because that's the way you present the film. You sort of present it as this question for you at home to sort of decide, look, is this this guy, who he insists he was not a rat.

BERLINGER: Yes.

PEREIRA: That he didn't kill women.

BERLINGER: Yes.

PEREIRA: That he was an informant. But then, on the other side of it, he's sort of claiming that he was, you know, showing how much corruption there was.

BERLINGER: Yes.

PEREIRA: And you are sort of left to decide on your own.

BERLINGER: Well, you know, i's a very complicated case. And I think, really what we want - -

PEREIRA: A lot of twist and turns.

BERLINGER: A lot of twists and turns, and I think that's what's fascinating for the viewer. What I want the audience to ask themselves is, is Whitey Bulger just looking to kind of polish his image before he passes into the metaphoric criminals hall of fame?

PEREIRA: (inaudible ) Right.

BERLINGER: Because being a rat is the worst thing you can be, or does he have something legitimate to say about government corruption, about Department of Justice corruption? Why was this guy allowed to operate? If he was an informant, that's still is not an excuse to let somebody stay on the streets and kill people.

PEREIRA: Have you changed your view from the start of this project, through the trial, and now the release of the film?

BERLINGER: Yes, absolutely. You know, Bulger is the subject of many, many books. You know, I'm not the first guy to tell his story, but the conventional wisdom is that he was a rat and I am not so sure.

You know, I think there was a much more complex relationship with the Department of Justice and the FBI, and it's a relationship that really needs to be looked at more deeply.

You know, when Carmen Ortiz, the U.S. attorney for Massachusetts sat on the courthouse -- stood on the courthouse steps in front of the press and said that, you know, with the conviction of James "Whitey" Bulger the story is now over. To me it's not over until we really understand the accountability. Why was this guy allowed to kill with impunity?

PEREIRA: And there are families that didn't feel they got justice.

BERLINGER: Oh, absolutely.

PEREIRA: Because he was not found guilty of murdering their loved ones.

BERLINGER: Absolutely.

PEREIRA: Thanks so much for being here.

BERLINGER: Of course.

PEREIRA: This is so great,

BERLINGER: Thanks to for having me.

PEREIRA: The film is - - Set your DVR, watch it tomorrow night. "Whitey" airs at 9 Eastern right here on CNN. Good to see you again.

BERLINGER: Great to see you.

PEREIRA: Alright, we need some Good Stuff after that now. The Good Stuff today is about the NFL

(BEGIN VIDEOCLIP)

PEREIRA (voice-over): Yes, I said the NFL. We're going to give you an inspiring reason why ahead.

(END VIDEOCLIP)

(COMMERCIAL BREAK)

CUOMO: Alright, it is time for the Good Stuff, and today's edition reminds us that the NFL is not just what we are seeing right now.

(BEGIN VIDEOCLIP)

CUOMO (voice-over): Devon Still, defensive tackle for the Cincinnati Bengals. His 4-year-old daughter is facing a very aggressive form of cancer.

DEVON STILL, DEFENSIVE TACKLE CINCINNATI BENGALS: When it comes to my daughter, I'm not this big, tough guy. Like, I want to be there to protect my daughter. Like, I would do anything for her. And just seeing her fight for her life is -- I don't have no toughness for that.

CUOMO: Well, what he does have is a tough fight to pay and take care of her situation. And the bad news is Devon was recently cut by the Bengals. But, here's the Good Stuff.

The team immediately re-signed him to the practice squad just so he could keep paying for his daughter's care. And, the team decided to donate 100 percent of the sale of Still's jersey to pediatric cancer research. The sale has broken all kinds of records. And you know why? In big part the 1,000 jerseys, 1,000 jerseys, bought personally by the Saints' coach, Sean Payton.

(END VIDEOCLIP)

PEREIRA: We wish them the best of luck.

(CROSSTALK)

CUOMO (on camera): The harsh reality is, and he wants people to know this because of the fight for pediatric cancer, his daughter's chance of survival is 50/50. The glimmer of hope is he was just reactivated. He got in the game, had three tackles, and he says watching him on TV makes his daughter smile.

PEREIRA: All right. Go ahead, dad.

CUOMO: Prayers and thoughts are with them. We'll be watching you, Mr. Still, and your little girl.

A lot of news this morning. Let's get you to the "NEWSROOM" and Ms. Carol Costello.

CAROL COSTELLO, CNN ANCHOR: Thanks so much. Have a great day,

NEWSROOM starts now.