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Prison Guard Charged in Escape of Two Inmates in New York; Memorial Held for State Senator Slain in South Carolina Church Shooting; Controversy Over Confederate Flags Flying on Southern State Grounds Continues; Dzhokhar Tsarnaev Sentenced to Death. Aired 8-8:30a ET

Aired June 25, 2015 - 08:00   ET

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

[08:00:07] CHRIS CUOMO, CNN ANCHOR: But first, we do have a major move for you in the manhunt. There have been charges leveled against another prison worker in connection with the escape of two convicted murderers up there in New York.

Gene Palmer due back in court later today. He's facing felony charges for allegedly loaning the killer's tools while they were behind bars. Investigators are also back out looking for Richard Matt and David Sweat now on day 20th of the search. We have CNN's Boris Sanchez, all the newest developments for us. He's in Owls Head, New York. Owls Head is relevant for us because that's where that cabin is that the investigators believe was home for these two bad guys for some time.

BORIS SANCHEZ, CNN CORRESPONDENT: That is correct, Chris. It is almost three weeks into this search and investigators are still focusing in on that cabin that was discovered broken into over the weekend where we found confirmed DNA that belong to Richard Matt and David Sweat.

Meantime, the investigation not only focusing here on Owls Head, New York, but also back at the prison, where, as you mentioned, a second prison employee has been charged.

(BEGIN VIDEOTAPE)

SANCHEZ: Breaking overnight, that second corrections officer arrested in connection to a brazen New York jailbreak now out on bail. And 57- year-old veteran prison guard Gene Palmer expected to plead not guilty to charges of promoting dangerous prison contraband, tampering with evidence, and official misconduct. The guard allegedly carried frozen hamburger meat embedded with smuggled tools to the escapees Richard Matt and David Sweat. Officials say Palmer, who worked in the cell block that housed the two convicts, was acting at the request of fellow prison employee Joyce Mitchell who hid the tools in the meat and brought it into the jail.

Palmer's lawyer telling CNN his client was unaware there were hacksaw blades and drill bits inside that meat. But the prosecution says he failed to screen the meat through a metal detector, violating prison policy.

ANDREW BROCKWAY, ATTORNEY FOR GENE PALMER: He was conned by Joyce Mitchell. She duped him. He knows that he made a mistake and he shouldn't have done what he did.

SANCHEZ: Police searching Palmer's home, finding tools officials say the guard gave to at least one of the prisoners, including a screwdriver and needle nosed pliers.

BROCKWAY: There is some information that he allowed them to go into the back of the cells in the catwalk area and fix the breakers that were there. It was to fix the breakers so they could use their hot plates to cook their food.

SANCHEZ: That cat walk area, Matt and Sweat's escape path. Palmer telling investigators he supervised the prisoners doing the work and took the tools back before the end of his shift.

(END VIDEOTAPE)

SANCHEZ: Gene Palmer posted $25,000 bail this morning. He's due back in court later today. Michaela, you may have heard he's accused of tampering with evidence. He's believed to have tried to burn some paintings given to him by Richard Matt. Keep in mind, it is not allowed for prison employees to accept gifts from prisoners.

MICHAELA PEREIRA, CNN ANCHOR: That is going to be a real sticky issue for him to be sure. Boris, thanks so much for that reporting.

I want to bring in former deputy warden of the New York City Department of Corrections Ed Gavin here in studio with me. Ed, really a pleasure to have you here. I want you to do a gut check for me. We're hearing that some of these people, obviously the attorneys for some of the people accused, are saying that their clients were conned, Joyce Mitchell, Gene Palmer. Do you think they were conned? Do you think they were hoodwinked?

ED GAVIN, FORMER DEPUTY WARDEN, NEW YORK CITY DEPARTMENT OF CORRECTIONS: I don't think so.

PEREIRA: You think they were complicit?

GAVIN: I think we have criminal facilitation here. That's what I think.

PEREIRA: So we talk about Gene Palmer. Give us an idea given what you know from working as a warden for all those years. We talk about the fact that he gave these inmates, these two men, a screwdriver, needle nose pliers to fix this electrical box behind their cell. I would think there would be a maintenance department in the prison. Are the inmates really doing repairs and have access to tools like that?

GAVIN: In my opinion they shouldn't be.

PEREIRA: But they are in reality?

GAVIN: Well, in the New York City department of correction we have a support services division. We have civilian employees that perform electrical work, carpentry work, masonry work, and other labor. We don't let prisoners perform this type of work. I've never heard of such a thing.

PEREIRA: It seems completely out of the ordinary. He even will defend himself and has said that he supervised said work. But to me, that seems off kilter to begin with.

GAVIN: A member of the uniform force should never take shortcuts by failing to enforce the security procedures of the institution. And clearly that's what he did. She gave him some contraband, some meat, frozen, if you will, or so it's alleged. And she gives and he then gives it to the inmate. Why would you give an inmate chopped meat? This isn't Burger King.

PEREIRA: It's certainly not Burger King. I think it was surprising to so many of us to learn that in these honor houses or so it's called on a block that they have access to refrigerators and hot plates so they would even be allowed food. That's surprising because you think this is a maximum security facility. A lot of those rights you think would be taken away.

[08:05:00] GAVIN: I don't necessarily say you have to take rights away. They do allow them hot plates. And they have a commissary, and there are permissible items on the list.

PEREIRA: Frozen meat probably not among them.

GAVIN: No. There could be deli meat. There could be cookies, things like that that they allow the inmate, maybe some soup to heat up, something like that, or coffee. If the superintendent of the facility permits it, that's one thing. But introducing a special diet to an inmate is not authorized. You're not allowed to do that. You cannot give inmates a special diet that's not common to all the inmates.

PEREIRA: Right. This all brings up the question. Are there blurred lines between the inmates and the staff, the corrections officers, the guards that are working in these facilities? Did you ever see that in your time?

GAVIN: I've seen it, yes.

PEREIRA: And how would you react to it? Would you remove that guard from there? Would they be disciplined?

GAVIN: Well, I would never permit corruption, you know, in a correctional facility that I worked in. Just wouldn't allow it.

PEREIRA: So here do you think that Clinton is an outlier. Do you think this is an exception to what's going on? What do you think is going on here? What's your concern here?

GAVIN: I think that the superintendent of the facility, the deputy superintendent has not taken a critical look at the inmate job assignment criteria. They haven't properly classified these inmates. I mean, why would you let an inmate who killed a police officer and another inmate who escaped from prison have these privileges? I don't think they deserve those types of privileges.

PEREIRA: Do you think heads will roll?

GAVIN: Absolutely.

PEREIRA: Do you think they could actually face charges?

GAVIN: They already are facing charges.

PEREIRA: But in terms of higher up?

GAVIN: Unlikely. I don't think it's likely. We are a couple of people that are specifically culpable here. Again, they're innocent until proven guilty, but the reports are suggesting that we have two people that aided and abetted these people, these inmates.

PEREIRA: We had somebody on our air a few days ago talk about the fact that he felt some of the changes that he had seen at that actual prison, the fact that there weren't guards in some of the tall guard towers, that the nighttime bed checks weren't done with regularity, et cetera, that there weren't cameras in some of the cell blocks. He felt that some of those things that were highlighted in the "New York Times" report, some of those security lapses and those changes were as a result of budgetary constraints within the department of corrections. Do you know that to be true?

GAVIN: Let me be perfectly clear. This escape allegedly took place between the hours of 10:30 p.m. and 5:30 in the morning. Now, corrections officers on the midnight tour are supposed to make tours at frequent intervals. In the New York City department of corrections we do it every half hour. And it's followed up by a supervisory tour of inspection where a correction captain, which is the equivalent of sergeant from the state department of corrections, would come in, usually and make three tours of inspection to make sure that the officer was doing what he's supposed to be doing.

And on the midnight tour you're looking out for two things -- suicide attempts and escapes. On the midnight tour, you know, the flashlight is your best friend. When you go by a cell you want to check for signs of life. You want to check for respirations. This is corrections 101. So to me it's patently outrageous that this occurred, and there's absolutely no excuse for this. Now, this probably went on for months. So what does that say about the security of the institution and the management of the institution? What was the tour commander doing? What was the sergeant doing?

PEREIRA: So many questions.

GAVIN: I don't think they could be doing very much?

PEREIRA: And as you said, corrections 101. Really appreciate you coming, bringing you passion to the story. We appreciate it.

GAVIN: The pleasure was all mine.

PEREIRA: Thanks for being here.

All right, hang tight right there. I'm going to pass it off to my colleague in South Carolina. Alisyn Camerota, back to you.

ALISYN CAMEROTA, CNN ANCHOR: Hey, Michaela. Thanks so much. I am here in Columbia. And what a remarkable scene we witnessed here yesterday at the state house. It was 98 degrees. It felt like the inside of an oven out. And yet thousands of people stood in a line behind me that snaked around the state house for a block. That famous South Carolinian hospitality was on display as young and old, black and white all stood together as neighbors. They were sharing fans, sun umbrellas, bottles of water. It was a real day of unity and respect for their friend and leader Senator Clementa Pinckney. And a similar message of strength last night in Charleston where a bible study group reclaimed that AME church as a place for love, not violence.

(BEGIN VIDEOTAPE)

CAMEROTA: The parking lot was full at Charleston's Emanuel AME church late Wednesday, bible study resuming in the same room where the massacre took place one week earlier. The interim pastor claiming this territory belongs to God. Earlier in the day thousands lined up in the sweltering heat as a horse drawn caisson carried Reverend and State Senator Clementa Pinckney's body back to the state house where he had served since the age of 23 to now lie in state.

[08:10:10] UNIDENTIFIED MALE: Senator Pinckney was a good and kind man. He was sensitive to the needs of others.

CAMEROTA: Many in South Carolina waited to see if Governor Nikki Haley would use a legal loophole to temporarily bring down the flag for the day, but her office releasing a statement Wednesday, saying Haley, quote, "does not have the authority to remove the flag herself."

Meanwhile, Alabama's Republican governor did order the Confederate flag be removed from its state capital grounds. And officials in Boise, Idaho, removed the Mississippi flag from a display of all 50 in front of city hall.

REP. BERNIE THOMPSON, (D) MISSISSIPPI: Let's take it away. Let's say we want nothing to do with it.

CAMEROTA: All this as the son of one of the nine victims calls South Carolina Senator Tim Scott to share his hopeful vision.

SEN. TIM SCOTT, (R) SOUTH CAROLINA: He said it with great enthusiasm and energy, a sense of excitement that this evil attack would lead to reconciliation, restoration, and unity in our nation.

CAMEROTA: Senator Scott fighting back tears on the Senate floor recounting that call.

SCOTT: Those were powerful words.

(END VIDEOTAPE)

CAMEROTA: The issues here in South Carolina continue to reverberate around the country. More lawmakers and businesses demanding the confederate flag be removed. CNN's Victor Blackwell joins me now here. He has that part of the story. What are you learning, Victor?

VICTOR BLACKWELL, CNN CORRESPONDENT: Alisyn, no question Columbia, South Carolina, is the epicenter of this fight, but as you said this is now reverberating across the country. There are several southern states, and put up the map here, that are now dealing with the Confederate flag controversy. Let's list them off -- Mississippi, Tennessee, Arkansas, Florida, Georgia, North Carolina, Alabama as well.

And consider what we're seeing in Alabama. Compared to what we're seeing in South Carolina, this entangled fight between the governor and lawmakers that has gone on for days will go on for weeks over what to do with the Confederate flag here. In Alabama the governor there Robert Bentley decided yesterday in the morning that the flag should come down. And that's what happened with relatively little backlash. He says that there are more important challenges facing the state. Here's what else he said about the flag.

GOV. ROBERT BENTLEY, (R) ALABAMA: It is offensive to some people, especially one type of flag is offensive so some people because unfortunately it's like a swastika. Some people have adopted that as part of their maybe hate-filled groups. And, you know, and that's a shame.

(END VIDEO CLIP)

BLACKWELL: Now, beyond politics, this is also hitting the entertainment industry. You know the 1969 Dodge charger that was featured in the television series "Dukes of Hazard," the General Lee, most people know. Well, that had a Confederate flag on its roof. The Warner Brothers consumer products division licensed that image to a toy maker. They have decided to end that agreement meeting that the General Lee with that Confederate flag emblazoned on the roof will no longer be made.

CAMEROTA: The ripple effect of what happened here a week ago just continues to spread.

BLACKWELL: And it's not over.

CAMEROTA: Victor, thanks so much for being here. So that flag does still fly behind Victor and me as you can see it now as the wind has picked up. And you also hear some honking, Chris, because there's a man is behind us holding a sign that says honk to take it down. This is not scientific but we're hearing a lot of honking this morning. Back to you.

CUOMO: All right, Alisyn, thank you for that.

We also want to give you news of what is going on abroad. The situation in Yemen demands attention and is getting worse. The U.N. special envoy for Yemen said the nation is now on the edge of famine. And 80 percent of the population is in need of humanitarian assistance. That is over 30 million people. Official says without a cease fire that situation is going to get worse.

PEREIRA: This morning President Obama savoring a big victory for his trade agenda while bracing for major decisions from the Supreme Court which could have lasting impact on his presidential legacy. CNN's Sunlen Serfaty is live at the White House for us. Sunlen?

SUNLEN SERFATY, CNN CORRESPONDENT: Michaela, the White House is sure breathing a huge sigh of relief on trade. Congress giving President Obama fast track trade authority which gives him the power to potentially negotiate a major trade deal with 12 nations.

But the White House is also of course holding their breath at the same time, waiting for two key Supreme Court decisions on Obamacare and gay marriage, both of which could be ruled as early as today. And how the court rules will have major implications on President Obama's political legacy, either boosting it or potentially even tarnishing it. The president spoke last night at an LGBT pride event here at the White House where he said he is of course paying very close attention to both of these decisions, but it was really this moment when he was heckled by someone in the audience that stole the show.

(BEGIN VIDEO CLIP)

[08:15:00] BARACK OBAMA, (D) PRESIDENT OF THE UNITED STATES: No, no, no, no, no. No, no, no, no. Hey. Listen. You're in my house.

(LAUGHTER)

My attitude is if you're eating the hors d'oeuvres, you know what I'm saying? And drinking the booze.

(END VIDEO CLIP)

SERFATY: And the heckler was protesting deportations. But the president later went onto say shame on you to the heckler for the way in which they chose to protest while at a White House event -- Chris.

CUOMO: All right. Sunlen, thank you very much.

We're also getting to see the forces of nature on full display this morning. Take a look at this. This is a huge vortex forming in Lake Texoma. That's along the Texas/Oklahoma border. That hole is about eight feet wide.

And get this, how strong is it? It could suck in a full-sized boat. Why is this happening? Because after flooding in the area, they're using this, the Army Corps of Engineer, to drain the excess water. They opened flood gates at the bottom of the lake to send the water into a nearby river.

PEREIRA: Just another example of excellent drone technology, allowing us to see something that we wouldn't safely be able to get to.

CUOMO: You would not want to be taken (INAUDIBLE) from a boat, that's for sure.

PEREIRA: No, thank you.

CUOMO: Wow, full sized boat.

PEREIRA: I know that's big. You can't even get the scope of it on your little TV screen.

The Boston bomber speaking out for the first time, apologizing for the terror attacks, saying he is sorry for the damage he caused. Some survivors, though, aren't buying his remorse.

(COMMERCIAL BREAK)

[08:20:30] PEREIRA: The Boston marathon bomber is breaking his silence, apologizing for the first time for that horrific terror attack. Survivors, though, not buying his words of remorse as he was sentenced to death.

CNN's Deborah Feyerick is in Boston with reaction for us -- Deb.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT: Yes, it really was a very powerful day, Michaela, as these people stood up in court and addressed Dzhokhar Tsarnaev directly, telling him how this bombing had impacted their lives, and most were taken by surprise when the bomber stood up and apologized.

(voice-over): Sentenced to die by execution, marathon bomber Dzhokhar Tsarnaev at last broke his silence, telling the court, in his words, "the bombing which I am guilty of, if there's any lingering doubt about that, let there be no more. I did that along with my brother."

Dressed in a dark suit and speaking in a heavily affected accent, the 21-year-old convicted terrorist apologized, saying, "I'm sorry for the lives I have taken, the suffering I've caused, the damage I have done."

To the prosecutors and some victims, his words ring hollow.

UNIDENTIFIED FEMALE: I regret ever having wanted to hear him speak, because what he said showed no remorse, no regret, and no empathy for what he's done to our lives.

UNIDENTIFIED FEMALE: What I was struck more was by what he didn't say. He didn't renounce terrorism. He didn't renounce violent extremism.

FEYERICK: Amputee Rebecca Gregory spoke defiantly to Tsarnaev, referring to him in his holding cell, Gregory smiled. "It's so funny that you smirk and flip off the camera", she said. "I feel that's what we're doing to you. When people think back, they won't remember your name or your brother's."

Some victims forgave Tsarnaev. Others like the parents of 8-year-old Martin Richard choosing to honor their son's short life by rejecting Tsarnaev's message. "He chose hate. He chose destruction. He chose death. We choose love. We choose peace."

(on camera): And the mood inside that court, there was anger, there was grief, there was forgiveness, defiance, and really the sense that so many people's lives had changed. Some lost jobs. Some relationships ended.

Things are different for so many who are in that court now. Tsarnaev will be sent to Indiana. He will be the youngest person on death row.

(END VIDEOTAPE)

CUOMO: All right. Thank you very much to Deb.

Let's get some perspective on this from somebody who knows the situation painfully well. His name is Ed Davis, former commissioner of the Boston Police Department. He was head of the police department during the Boston bombings.

We're also going to have someone join you a little bit later, Ed. She's covering this for the "Boston Globe."

But what does this mean for the healing process for the people of your city?

ED DAVIS, FORMER COMMISSIONER, BOSTON POLICE DEPARTMENT: Well, Chris, I think the healing can start now. This is a -- this is a point where we can put this behind us and move on with our lives. I think that the victims have said that over and over again. And they're absolutely correct.

CUOMO: The comments are very wide ranging on the impact of convicted's statement to people. What stood out to you?

DAVIS: Well, to me, it was too little too late. You know, the fact that he invoked Allah in that whole diatribe was reprehensible to me. I agree with Carmen Ortiz, he did not reject terrorism or radicalism extremism, and he had an opportunity to do that.

I just think that over all -- go ahead. I'm sorry.

CUOMO: No, no. Ed, please continue.

DAVIS: I just think that overall he had an opportunity to say that what he did was wrong and he really didn't do that. It was a hollow -- it was a hollow apology.

So, what I think about now is where is the real Dzhokhar Tsarnaev? Is he the man that expressed some regret yesterday? Or is he the man that wrote that manifesto in the boat and flipped off the camera while he was in custody? Who are we dealing with here?

CUOMO: And also, I think a lot of people are saying, does it really matter? Because he did what he did, and even as he was paraphrasing Allah and the need for mercy, he didn't show mercy because he didn't spare anybody. [08:25:03] You know, mercy, he said it's why he's now saying he's

sorry and that's obviously that's not when mercy was needed, or how mercy is shown.

Do you think hearing from him helped more or hurt more for the people in that room who have been affected by this?

DAVIS: I don't think it was helpful. The only bright spot in the whole situation is that he didn't continue to drive a knife into the victims by espousing his philosophy. I think it was hollow, but it could have been much worse. So I'm thankful for that.

CUOMO: What do you still see as lasting effects of what the bombing did in terms of life in Boston?

DAVIS: Well, it galvanized the city. It made us stronger in a very literal sense. So, I think that there was -- there was an unanticipated upside for us after this incident happened. But we can never forget Krystle Campbell, Lingzi Lou, Martin Richard and Sean Collier. Those names were ring forever in our hearts, and it's a really, really tough situation.

CUOMO: We spent a lot of time with Krystle's grandmother who she was so close to and helped take care of. I just remember her saying what was lost and how it can never be replaced and how it just doesn't make sense. Those are feelings that are going to linger no matter what happens in the legal process.

What do you think people want to see change going forward? Is there any kind of advance, any kind of reform, any kind of difference that would matter?

DAVIS: Well, people appreciate the security measures that are in place now and they talk about them frequently. But I think in the final analysis, I hope that the statement that was made yesterday by Tsarnaev will affect someone who's sitting in front of a computer right now who may be thinking about doing some of this stuff, that it will at least show after all is said and done and the victims come in and talk about what they've experienced, this is not appropriate. This is horrendous and it needs to stop. That's my hope here.

CUOMO: Am I right Hilary Sargent's there now? She's senior writer at Boston.com.

DAVIS: She is.

CUOMO: There you are.

HILARY SARGENT, SENIOR WRITER, BOSTON.COM: I am.

CUOMO: Hey, Hillary, thanks for hustling over for us. Appreciate it.

Let me just ask you. Just wrap up this segments in terms of what does this mean? Is this the sense of finality? Is there still more that needs to be done here for people in terms of satisfaction? Do you think they'll follow this all the way through the eventually execution if and when it happens?

SARGENT: I mean, I think some of the survivors and victims, you know, definitely will. And I think some won't. There were 24 people that delivered victim impact statements yesterday. But that's a very, very small percentage of people who were affected by this. People make personal choices around events like this and how they handle them.

CUOMO: What do you think in terms of the coverage of this? Do you think it slows down now or are you going to cover these appeals because you -- we all know how tortured the process is around cases like this. Just because the death penalty has been sentenced doesn't mean it happens tomorrow.

SARGENT: I think there's more coverage to come before they get to the appeal. I think a lot of people are awaiting the unsealing of the documents, information on how much the defense cost taxpayers. You know, I think the extent to which we're going to have to see how the appeals process plays out to see how it will be covered. I think it will depend a lot on things we don't know yet.

CUOMO: Quickly, what do you think of the statement that the defendant gave, well now the convicted gave? Do you think it was worth giving that statement and why?

SARGENT: Well, I mean, I think it had to have been a very personal choice for him. There was no -- no matter what he said, it wasn't going to change the outcome of the sentence. So, I think to say I know what goes on inside his head would be disingenuous at best.

CUOMO: It's interesting that he took an opportunity to speak and said so few of the things he knew people wanted to hear.

Hilary Sargent, thank you very much.

Ed Davis, as always. Appreciate the perspective.

Mick?

DAVIS: Thank you, Chris.

PEREIRA: Well, a show of bipartisan unity over the Confederate flag in the wake of South Carolina, that church massacre there that took the lives of nine people. Lawmakers on the left and on right now saying it should be removed. Two of them will join us.

(COMMERCIAL BREAK)