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New Day

LeBron's Emotional Return to Cleveland; Ferguson Police Chief Won't Step Down; Close Midterm Races 4 Days from Election; Accused Cop Killer Eric Frein Captured

Aired October 31, 2014 - 06:30   ET

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

INDRA PETERSONS, AMS METEOROLOGIST: Here we go, already seeing some of the showers in through the Ohio Valley.

But the story is not the showers, it's really about the cold air, we talk about the rain totals, they're only about an inch or so. It needs to be cold enough and that's where things change, right?

So, we go through the overnight hours. Talking about over a foot of snow in places like Tennessee, Knoxville, Asheville, you are looking for some of the flurries to be mixing in with the rain overnight.

Here's the key though -- everyone wants to know about Halloween. Yes, we're talking about flurries around the lakes. But in the area I just mentioned, talking about Kentucky, Tennessee, also North Carolina, during trick-or-treating time it is still rain. That's a little bit of blessing I have for you. Then through the overnight hours, only when it cools off more do you actually get the threat for snow.

Now, for everyone in the Northeast, the next thing to watch is where does the low go? This is pretty still uncertain. You'll have to be watching for this, who is going to get the flurries? Will we still see them in the Northeast and where?

That is the story yet untold. Just all you do need to know, it's going to be very cold and showers are spreading to the Northeast. It's a matter if they're going to be rain or snow. We'll track the low, we'll let you know. You'll find out, you'll feel it.

ALISYN CAMEROTA, CNN ANCHOR: Well, I'll also call you.

(CROSSTALK)

CHRIS CUOMO, CNN ANCHOR: Rain or snow, we're going to track that low, we'll let you know. Did you plan that?

PETERSONS: No, I'm that good, that's all I'm saying.

CUOMO: Wow.

MICHAELA PEREIRA, CNN ANCHOR: Smooth. Impressive, Indra Petersons, well done. I give you a nod.

Let's look at your headlines at 31 minutes past the hour. And we begin with this, a 48-day manhunt is over. Suspected cop

killer Eric Frein is now in custody. Police say he was captured Thursday in a vacant airport hangar. He was not armed. Reportedly, though, he had weapons stashed nearby.

Frein gave up without a fight, we're told. He is due in court this morning for his arraignment. Prosecutors say they will seek the death penalty.

A former Navy SEAL is reportedly under criminal investigation for possibly disclosing classified information. In the best-selling book "No Easy Day", Matt Bissonette claims to be one of the SEAL Team 6 members who shot bin Laden. His attorney said the book is focused on revelations, others say Feds are more interested in information he shared during paid speeches when he told audiences to turn off their phones so nothing could be recorded.

With mid-term elections just four days away, President Obama making one final low-profile push on the campaign trail. The president attended a campaign rally in Portland, Maine, Thursday for gubernatorial candidate Mike Michaud. It was just Obama's fourth rally for Democrats this cycle. With only a handful more planned before Tuesday's elections.

OK. Check this out -- if you haven't carved your pumpkin, you might want to consider getting a squirrel to do that for you. I have no idea how, but watch this.

Watch this just happen. I'm -- I don't understand how you train a squirrel to do this. He had me until the nose and the mouth. Richard Mangin apparently had this guy in his backyard. We don't know, but I got to tell you, good video.

CAMEROTA: Maybe he put some -- squirrel nip on the eye and nose area.

PEREIRA: That's my thought. There must be something. Do you know?

CUOMO: Here's a hint -- maybe he lured the squirrel there to the pumpkin and then scared it away and then dug a little hole and then he put the pumpkin back and the squirrel came back because they are brazen little animals.

PEREIRA: Have you ever tried to control a squirrel. Mind-meld with a squirrel?

CAMEROTA: They're not obedient.

PEREIRA: They're not.

CUOMO: This is not a mystery to me.

CAMEROTA: Let us know what you think. How that squirrel pulled offer that pumpkin face.

Meanwhile, the most Cavaliers fans have been waiting for finally arrived. The return of LeBron James to Cleveland. The King took on the most storied franchise in NBA history, the New York Knicks, and that had grave implications.

Brian McFayden has more in this morning's "Bleacher Report."

Hi, Brian.

BRIAN MCFAYDEN, BLEACHER REPORT: Hey, good morning to you guys.

You know, it's been four years since LeBron wore the number 23 for the Cavs, and 111 days since he announced he's coming home. So, last night's game has been circled on the calendar for quite some time.

More than 20,000 fans welcomed him back to the arena and as they requested, LeBron brought back his famous chalk toss it came time for the game and, well, it didn't go well, he gave up the ball eight times and finished with 17 points -- maybe emotions got the best of him. The fellows from New York were the ones celebrating when it was over. Final score, Knicks 95, Cavs 90.

Florida State keeps its winning streak and national title hopes alive with another unbelievable come from behind victory. Louisville had the Seminoles on the ropes in the first half, leading 21-0. But the second half a different story, Heisman Trophy winner Jameis Winston picked up the pace, throwing 400 yards, three touchdowns, Florida State comes back to get the victory, 42-31.

And the Dallas Cowboys running back Joseph Reynolds arrested for alleged shoplifting incident caused embarrassing situation for the organization. But things got worse yesterday with the release of a post-arrest video. He was quite vocal during his booking at the Frisco City jail after his arrest for stealing cologne and underwear. He cracked jokes and asked a female officer for a massage if he gave her 100 bucks.

Back to you guys.

CAMEROTA: Wow. That's interesting video.

CUOMO: Another video that the league didn't know about in advance, where is the league? This is the moment when you're supposed to show leadership. Nothing.

CAMEROTA: All right. Meanwhile the embattled Ferguson police chief believes he has the support of just about everyone in town, and accuses the Attorney General Holder of a rush to judgment. Reaction to his exclusive CNN interview, next.

(COMMERCIAL BREAK)

CUOMO: All right. We have a CNN exclusive for you. Ferguson, Missouri police chief Thomas Jackson, he is telling CNN he is not going anywhere, despite reports that he did plan to resign next week.

Chief Jackson insists he has the backing of the department and the community.

This as the community awaits a grand jury decision whether to indict Officer Darren Wilson in the shooting death of unarmed teenager Michael Brown. Here's what Chief Jackson had to say to CNN's Jason Carroll. Listen for yourself.

(BEGIN VIDEOTAPE)

CHIEF THOMAS JACKSON, FERGUSON POLICE DEPARTMENT: I am going to stay and see this through. I know there is a lot of politics going on behind the scenes. And it's --

JASON CARROLL, CNN NATIONAL CORRESPONDENT: What do you mean by that, politics going on behind -- are you talking pressure coming from the federal government? What are we talking about here?

JACKSON: It's not pressure coming my way. I report to the city manager, period. As long as he and the council support me, then I intend to stay.

CARROLL: There are a number of people in the community who say "It's time for a change. It times for you to step down." Why stay?

JACKSON: I do have a lot of support in the community. As I said, this is my job. This happened -- on my watch. I intend to see it through.

CARROLL: People don't seem to be talking to each other.

JACKSON: I think a lot of progress is being made, maybe it's just not out there in the general public, but here locally it is.

CARROLL: That's one of the first times I can say I've heard from an official out here that progress is being made. You really feel as though progress is being made?

JACKSON: Yes, I do. Yes, I do. I think the problem though is that it is being overshadowed by the ongoing protests.

(END VIDEOTAPE)

CUOMO: Perception is often reality.

Let's get some perspective now. We have someone who's been following developments in Ferguson from the beginning. Dr. Cedric Alexander, he's the president of the National Organization of Black Law Enforcement Executives and the director of public safety in DeKalb County.

Thank you very much for being with us, Doctor. Appreciate it.

DR. CEDRIC ALEXANDER, NATIONAL ORGANIZATION OF BLACK ENFORCEMENT EXECUTIVES: Thank you for having me this morning. Thank you.

CUOMO: You've gotten to know the chief and the situation. Are you surprised by his defiance of these expectations that he leave, given the troubles?

ALEXANDER: Well, yes and no. I think the thing we have to think about here that is very important, is that if we go back over the last few months, in that community, ever since the shooting of Michael Brown, there has been some type of protest. That event in and of itself suggests to me, of course, that people have very strong feelings about what occurred, and they still don't have a very good relationship with the police department.

So, if that is the case, if we listen to people who live in that community, who are born and raised in that community, and still don't feel connected to that police department, I don't know where this community relationship, that Chief Jackson is referring to, is taking place. Now --

CUOMO: That was surprising, Jason Carroll pushed back on that appropriately, because what we have been told even by members of the police and politicians locally was we can't do anything yet, because it's still too hot here. So, we can't reach out to a community that's angered.

So, for him to say progress is being made, what do you think he's referring to?

ALEXANDER: Well, I don't know, I would like him to be very specific to the community there and to people around the country as well, too, who is listening in and watching Ferguson very closely. And as NOBLE president, we're going to continue to watch Ferguson.

If that's his idea of helping make the situation better, then maybe have some reason which is we're not privy to. But there's nothing to suggest that anything has changed in that community in terms of police community relations. So, that in and of itself creates some pause. It will be interesting to see how this look going forward.

CUOMO: Help me out with something. I was doing a little research. If you look at Ferguson, Missouri, in the basis of your usual com stat things and excessive force actions, the area isn't in a high crime, high negative interaction with police area. I mean, you worked earlier in your career in Miami-Dade.

ALEXANDER: That's correct.

CUOMO: And you know how strained it can be.

ALEXANDER: Yes.

CUOMO: Do you think the place has become somewhat of a metaphor, a flash-point for communities like it in the country? Do you think it's drawing attention from other situations as well as what happens there specifically?

ALEXANDER: Well, absolutely. It has, ever since August 9th. On that particular day of Michael Brown's death. It's certainly has in this country started to create conversations, particularly in the criminal justice community around changes that are going to be so necessary in policing going forward.

So, I believe without question as we move forward, we're going to see significant changes begin to occur that I think are going to be better.

But here again, going back to Ferguson, when you start talking about community-oriented policing, it is not evident in that community. There's a history of it not being evident and I think at the end of the day, whenever the Justice Department finish their investigation there, we're probably, I would suspect, based on my experience and training, I would suspect you're not going to see a whole lot of connectedness between the police in that community.

So, if Chief Jackson suggesting that he's going to stay, then I think the thing that we all need to be very cautious of, is the fact that we're going to respect that, if that's what he chooses to do. But we're going to watch it very closely, in terms of how that community responds.

CUOMO: Sometimes the person who gets burned by a problem becomes the best change agent, because he's got his own shame, he's got his own reputation to think about. Maybe he'll be more aggressive.

I mean, they don't even have black cops on that force. Think they have three out of all of them. I think some will say, well it's not enough. But it's a start. And so, we're going to have to see what happens.

But maybe there is reason for pause here, because we both know that the moment that matters here is not about Chief Jackson. It's about what happens with the grand jury.

What happens -- and this is a curious situation, you've been getting word, I've been getting word that we're going to know soon whether, that's unusual. Usually you don't know what a grand jury is going to do. If there's no indictment, what do you think happens?

ALEXANDER: That's part of the problem in that community. The fact first of all, that community, many parts of that community have no trust in the criminal justice system whatsoever.

CUOMO: Especially the prosecutor, for good or bad reasons.

ALEXANDER: For good or bad reasons. For good or bad reasons, right? I'm not here to make judgment.

But the fact that that community don't have a lot of trust in the criminal justice system, and you have these alleged leaks. In that doesn't make the situation any better.

Now, whether those leaks are true or not is insignificant, because you're talking about a community that doesn't trust the criminal justice system, anyway.

But let's make this assumption, that regardless of whatever the verdict may happen to be in that community, it still is not going to fix the relationship between that community and its leadership. And not just Chief Jackson, who I think is a very nice gentleman, but also that mayor's office, the city manager and that council, because everybody in that community holds some responsibility to that community to make things better.

And I don't know how you're going to do that in contrast to what you just said. The same people that were there when this was very much broken, I don't see how they're going to fix it. Not the same people. But we're going to see. And we're going to watch this very closely. And I'm going to be very critical of this, quite frankly going forward if there's not some real success that take place.

But if they feel that they have success, if they feel they have community support, then we're going to watch it and we're going to see it and hopefully that is the case. But if not, if it is not the case, I think we all will see that there in that community.

CUOMO: Right now, the influence of Chief Jackson is certainly in secondary importance to the men and women on the grand jury. And what their decision is. And when that happens, it will be a moment one way or the other and we'll be there to watch that happen and we know you will, too.

Dr. Alexander, thank you very much for your perspective.

ALEXANDER: Thank you for having me. Yes.

CUOMO: Keep the conversation going forward.

ALEXANDER: Thank you very much.

CUOMO: All right. Alisyn?

CAMEROTA: OK, Chris.

Election day, just four days from now. And it's way too close to call for several Senate races. So, which candidates are in trouble? Our analysts give us the most dramatic races.

(COMMERCIAL BREAK)

CAMEROTA: Four days until election, and races cross the country could not be closer. Even the ones that should be slam-dunks are not. Long-time incumbents are facing stiff challenges from political newcomers.

CUOMO: We need to discuss.

CAMEROTA: Let's do that.

CUOMO: Let's bring in John Avlon, CNN political analyst and the editor in chief of "The Daily Beast", and Margaret Hoover, CNN political commentator, and Republican consultant.

Margaret, I start with you -- why are they so close?

MARGARET HOOVER, CNN POLITICAL COMMENTATOR: I actually defy the premise. I think there are some of these races that are really starting to pull away. That we didn't actually think a Republican could unseat a Democrat. CUOMO: You're making me dizzy with your spins. So many are within the margin of error. I haven't seen anything like this within 15 years.

HOOVER: There are many within the margin of error. Yes, this is much closer than Republicans thought it would be.

However, a week and a half ago, I was far more nervous than I am today. A lot of these races are starting to pull away. We have seen Tom Cotton decisively pull away from Mark Pryor in Arkansas.

We're seeing Cory Gardner pull away in several polls in Colorado, although you get (INAUDIBLE) in a moment.

In Iowa, Joni Ernst's numbers, especially in early voting, are looking better than in 2010, which was a wave election, as we've discussed.

CUOMO: I thought the Iowa early votes were more Democratic than Republican?

(CROSSTALK)

CUOMO: But discard that fact and stay on message.

HOOVER: But what we've seen in the early voting from Republicans in Iowa is that it's twice as big as it was in 2010.

CUOMO: More robust.

HOOVER: So, the Democrats are going to have to go into that election with about 20,000 more votes in order to make sure that they beat her because of the early voting and the absentee ballots that have been returned.

CAMEROTA: John, do you agree?

JOHN AVLON, THE DAILY BEAST: There's a lot of spin right now and wishful thinking. I'm not going to get into unskewed polls territories right now, you know? The only thing that counts is election day. So, we'll know Thursday.

But here's what's pretty clear. You look at the eight states that CNN says are toss-ups, and they're in deep red to purple territory. I mean, Democrats are doing much better than they have any right to do in the red states. It speaks to the fact that this is not really a wave election. And there are a lot of countervailing forces, from Kansas to Massachusetts to the Deep South.

CAMEROTA: But is there any way to explain how Democrats have surged?

AVLON: I don't think there's a surge at the moment with Democrats. What's amazing is they've been able to fight to hold on. That they're in this fight, in these deep red states where they really got no business being competitive in a mid-term election and that's one of the reasons why this is really exciting as well as really impactful.

HOOVER: We've talked a lot about enthusiasm and how enthusiasm may be a bit depressed.

CAMEROTA: We have a poll that suggests that it is in fact depressed. The enthusiasm poll shows that people are not as enthusiastic obviously this year as they have been in a long time. Just take my word for it.

Republicans feel 36 percent enthusiastic or extremely enthusiastic. Democrats only 26 percent.

CUOMO: Hoover looks at these numbers and she sees that Republicans are ten points up, guaranteed.

HOOVER: That's exactly what I see. But there are other -- how could you not? Like any rational person would read that poll.

But look, there are Gallup polls as well that have the margins plus 18, plus 19 in terms of voter enthusiasm and motivation to vote.

So, as we all know, this election this cycle has favored Republicans from the beginning, nobody has denied that. But it looks like there is not a course correction. It looks like things are continuing. I'm feeling as a Republican, much more confident going into Election Day.

CAMEROTA: Here's what "The New York Times" says about it, it's the best general election in a decade, because there are a dozen super- close Senate races and a dozen super-close gubernatorial races. So, if you're political junkies like you guys are, this is an exciting time. Anything could happen.

AVLON: Absolutely. No, there are a lot of races that are really fascinating, because people are going against type. I mean, you've got a chance of Republican governor in Massachusetts and Illinois. You've got Democrats really you know, fighting much more competitive races in the Deep South.

We might not know on election night because of runoffs, you've got an independent in Kansas up-ending all conventional wisdom. So, it's just a fascinating race.

CUOMO: As it's often the case, it's what is not written in the editorial that may matter most. Congressional races, if any election season screamed for sweeping change, where incumbents got tossed out, this one does. Look at the numbers, right?

However, it won't happen. There will be somewhere around 95 percent retention rate for incumbents, and the reason for it is lousy.

HOOVER: In the House.

CUOMO: In the House. Why, John?

AVLON: It's because of the rigged system of redistricting. Politicians pick their people, people don't pick their politicians. There are very few competitive races. And that's why -- it's baked in the cake. If you win an election, and then the census gets down, the state house rigs it, you're locked into the next decade for around -- CAMEROTA: Do you disagree, Margaret?

HOOVER: I agree. I just haven't heard that stock answer through the course of my entire marriage.

But he happens to be right. And it is pro-democracy, my husband happens to be right for that. There are states who are reforming this rigged system of redistricting.

AVLON: New York is going to try on election day.

HOOVER: New York is going to try but California has done it. California now in all of their primaries does top two regardless of party. So, that is necessarily made the candidates need to speak to the majority of their districts rather than the extremes.

So, this, look, watch California because I think California's candidates are becoming increasingly more, I hate to say centrist, but truly representative of their state.

AVLON: She hates it when I'm right.

CAMEROTA: Your date nights must be fabulous.

AVLON: Oh, yes.

CAMEROTA: John and Margaret, thanks so much, guys.

(CROSSTALK)

HOOVER: Happy Halloween.

CUOMO: That's about marriage. That has nothing to do with politics, I promise you that.

We're going to be following these races because we have to we really don't know what's going to happen. That's unusual. One of many stories we're following. So let's get to it.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: The manhunt finally over.

UNIDENTIFIED MALE: It is my intention to file notice to seek the death penalty for Eric Frein.

UNIDENTIFIED MALE: We would never rest until this fugitive was apprehended.

UNIDENTIFIED FEMALE: Kaci Hickox is out to make a point.

UNIDENTIFIED MALE: Her behavior is really riling a lot of people out there.

UNIDENTIFIED MALE: We don't need this here.

UNIDENTIFIED MALE: We are not trying to put anyone at risk.

CARROLL: Ferguson's embattled police chief, Tom Jackson, says he wants to stay.

JACKSON: This is my job. This happened on my watch and I intend to see it through.

(END VIDEO CLIP)

CAMEROTA: Good morning, everyone. Welcome back to NEW DAY. It's 7:00 in the east. I'm Alisyn Camerota, along with Chris Cuomo.

A huge sigh of relief this morning in rural northeastern Pennsylvania, after one of the biggest manhunts in state history ends with the capture of accused cop killer Eric Frein. Authorities say Frein ambushed two state troopers outside of a police barracks last month, killing one of them and wounding the other. And then he disappeared into the woods.

CUOMO: Good news, nearly seven weeks later, the fugitive finally behind bars. Police say Frein surrendered without a fight when they spotted him at an abandoned airport hangar in the Poconos.

Let's get to CNN's Miguel Marquez on the scene at the pike county courthouse where Frein will be arraigned this morning -- Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning there, Chris.

For as much drama as there was to all of this, it's amazing how easily Eric Matthew Frein gave up. There was a team from a U.S. marshal's special operations team, about 13 members who happened to be in an area of an abandoned air field, next to an abandoned resort in the central Pennsylvania here.

And when they came upon him, they saw him coming across this air field that had been overgrown. They approached him. He was unarmed at the time. He immediately went down on his knees, told them who he was. They then searched the area, searched his stash inside the hangar. They found a rifle, a sniper rifle and a handgun. The sniper rifle, officials say, is consistent with the casings they found earlier from Mr. Frein's reign of terror across this area.

Back on September 12th, he shot and killed, basically hunted one state trooper and injured another one very badly. When he was arrested they used that trooper's handcuffs, Corporal Bryon Dickson, his handcuffs to put on Frein. They then put him in Bryon Dickson's patrol car in order to bring him to the exact place where he, where he took those shots and killed and injured those two troopers -- Alisyn.

CAMEROTA: Miguel, thanks so much.

We want to bring in now, Pennsylvania governor, Tom Corbett, who announced the capture of fugitive Eric Frein last night.

Governor, thanks for joining us.

GOV. TOM CORBETT (R), PENNSYLVANIA: Thank you for having me today.

CAMEROTA: You must be heaving a huge sigh of relief this morning.

CORBETT: Well, I think everybody in Pennsylvania, any law-abiding people are doing that. We are actually finally caught this individual, it's been a long seven weeks. Particularly long for the people of the community up there who as you know, were in support of law enforcement the entire time.