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Update on Search for Police Killers; Very Vague Description of Suspects; Hundreds of Tips Received So Far; Won't Stop Until Found; Police Widen Illinois Manhunt; New Detail About Deadly San Antonio Shooting; Officers Charged in Freddie Gray Death Ask Judge to Dismiss Case. Aired 1-1:30p ET

Aired September 02, 2015 - 13:00   ET

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

GEORGE FILENKO, COMMANDER, LAKE COUNTY, ILLINOIS, MAJOR CRIME TASK FORCE: If they don't tell us, usually if there's three or more or even two or more involved, it's difficult to keep those types of secrets to yourself. So, even if they don't tell us, they may tell somebody else. So, even if we get it from a reliable source, it's good.

UNIDENTIFIED MALE: Was there dash cam video? Was there any dash cam in the car?

FILENKO: There are dash cams in some of the vehicles and, again, we're reviewing that as well.

UNIDENTIFIED MALE: But in the officer's car?

FILENKO: I haven't confirmed that yet.

UNIDENTIFIED FEMALE: Was he shot with his own gun?

FILENKO: I can't -- I Can't -- again, I'm going to be limited as to what I can confirm.

UNIDENTIFIED MALE: Have you ruled out the possible that the lieutenant was deliberately targeted? In these hundreds of tips that you're vetting, have you seen any messages that point to the possibility that he might have been deliberately targeted?

FILENKO: At this point in the investigation, no. However, we are not discounting anything. We're looking at every aspect and angle of this. And all of you in the media who have been experienced, and I'm sure you've been to a number of these press conferences, know that these types of investigations have many twists and turns that could happen within a couple of minutes.

(CROSSTALK)

UNIDENTIFIED MALE: Is there any -- is a search going on right now?

FILENKO: We have investigators out canvassing again, following up on leads, knocking on doors that we didn't get to yesterday evening near that perimeter area because there were FBI, NIPUS, which are equivalent of our SWAT team, the sheriff's office. We're still securing those areas and ensuring our detectives' safety. So, if you want to call that a search, you can refer to it. I'm referring to it as a canvass.

UNIDENTIFIED MALE: Is it kind of frustrating that after all the resources yesterday, you haven't come up with anything?

FILENKO: Certainly.

UNIDENTIFIED MALE: Is there a bolo out that reaches --

FILENKO: Yes.

UNIDENTIFIED MALE: -- (INAUDIBLE) for how many states?

FILENKO: Yes.

UNIDENTIFIED MALE: Is it nationwide?

FILENKO: It's nationwide. We've even received calls, again from various media sources, that are picking up information. I would presume from you folks as far as Australia and England.

UNIDENTIFIED MALE: (INAUDIBLE.)

FILENKO: I'm sorry, you're going to have to ask me that again.

UNIDENTIFIED MALE: Has there been any decision on school for tomorrow?

FILENKO: That's not my decision. That is the village decision. I'll defer that question to the village administration.

(CROSSTALK)

UNIDENTIFIED FEMALE: The officers who are here helping out, are any of those departments here today as well?

FILENKO: Correct, they are.

UNIDENTIFIED FEMALE: Where from?

FILENKO: Every department -- virtually every department in Lake County is represented. We have resources from McHenry County. Our federal partners are here today working actively with our detectives. Again, ATF has got a presence, and the U.S. Marshal's office has a substantial presence as well as state police and the sheriff's office.

(CROSSTALK)

UNIDENTIFIED MALE: How many murders -- how many murders has the task force handled, roughly on a year basis, and could you use some help, for example, from the Chicago Police Department which handles many more?

FILENKO: I think we're -- I think we're adequately staffed. Our detectives and our evidence technicians are some of the best you're going to find. Putting a number on how many murders is -- I can't put an exact number on it. It varies from year to year. We've roughly handled as many as 40 in a year to as few as a dozen.

UNIDENTIFIED FEMALE: When the lieutenant called in, did he make any indication that the suspects were on foot only or nearby a car? Did they come out of a car?

FILENKO: The presumption was based on what we're interpreting from the radio traffic is that they were on foot.

UNIDENTIFIED MALE: Chief, have you confirmed sightings at this point?

FILENKO: Well, you know, we're getting information. And there was a release of a description, a really cursory vague description. So, of course, we're getting the public calling in any time they see that match of three individuals or even two individuals. And we are doing our due diligence in following up on that. And we've closed out those leads completely as being unsubstantiated.

(CROSSTALK)

UNIDENTIFIED MALE: Is there any area outside the two mile radius being searched?

FILENKO: I'm sorry?

UNIDENTIFIED MALE: Is there any -- you said that it's a two mile radius. Is there any area outside that being searched right now?

FILENKO: We're expanding out into the subdivisions.

UNIDENTIFIED FEMALE: It is true that some of his gear was taken from him?

FILENKO: Again, I -- you know, I can't confirm that. That's key and crucial to our investigation.

UNIDENTIFIED FEMALE: Are you working with the family on arrangements for a burial?

FILENKO: The Village of Fox Lake, the Hundred Club, the FOP, Senator -- I'm sorry, Congressman Dold's office. I know there's a number of resources that out there that are helping. The Village of Fox Lake, there's a vigil scheduled for tonight, from what I've been told.

UNIDENTIFIED FEMALE: 6:00 p.m., right?

FILENKO: Yes.

(CROSSTALK)

UNIDENTIFIED MALE: It keeps being mentioned that there are these three suspects, but there's no evidence that the three suspects are traveling together nor is there -- do you have anything that suggests, A, that they're traveling together and, B, that they're even in this area? [13:05:08] FILENKO: No.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: Can you say anything about a second weapon beyond the officer's service weapon?

FILENKO: No. Can't comment on that.

UNIDENTIFIED MALE: Are you satisfied, based on your searches yesterday, that you're not inside empty vacation homes? In that area you were searching, did you secure every single home?

FILENKO: I believe that the search teams did a thorough job but I know there have been a number of national incidents where suspects have cleverly escaped or hidden in place so anything's possible. So, we are still on our guard when we are going to some of these homes. But we're satisfied that the results of yesterday's search were extremely thorough. But, as police officers, you understand, we have a murdered police officer, so we're not taking chances or making any assumptions.

UNIDENTIFIED MALE: Chief, I was just at the crime scene. While there, a law enforcement officer came by and said that they're now reinstituting the crime scene and that we had to leave the area. Do you know anything about that and why?

FILENKO: Yes. We're just doing now -- it's called a secondary review of the crime scene itself. It's nothing more than that. Yesterday, you know, we were fighting lighting conditions and some of the conditions were getting poor at the end of the day. That's just showing you the attention to detail that the evidence technicians are giving to this. And they're going out there and they're reexamining. Now, you've got to imagine that this is a very -- area that's got a lot of foliage around it. So, they're turning over every leaf and blade of grass to see if there's anything else out there that they may have missed.

UNIDENTIFIED FEMALE: What are you saying to people who are wondering, why aren't you guys searching? Why are you only canvassing? People in the community are wondering.

FILENKO: Same, same. One or the other, search, canvass, it's the same thing. We're using our -- in the investigative field, canvass but actually what we're doing is we're looking for the suspects.

UNIDENTIFIED FEMALE: What do you say to residents like yesterday in Fox Lake who were afraid to even let their dogs out? What do you say to them today?

FILENKO: Remain vigilant. Have confidence in your police department. They've brought in a number of resources to assist. And if you suspect anything, if you see anything out of character, if you simply have a feeling that something is wrong, call the Fox Lake Police Department immediately.

UNIDENTIFIED FEMALE: And does that caution extend to other communities around here?

FILENKO: I would say it would, yes.

UNIDENTIFIED FEMALE: Do you have any idea where they're at?

FILENKO: I'm sorry, ma'am.

UNIDENTIFIED FEMALE: Do you have a graphic of any idea where these suspects would be?

FILENKO: No.

(CROSSTALK)

UNIDENTIFIED MALE: Have the service weapon and the radio been recovered?

FILENKO: Again, I can't comment on any of the evidence.

UNIDENTIFIED FEMALE: (INAUDIBLE.)

FILENKO: Yes.

UNIDENTIFIED FEMALE: Were there any eyewitnesses?

FILENKO: I'm not going to comment on that either.

UNIDENTIFIED FEMALE: How much longer, if you don't see any results through this canvassing today, and how much longer are you (INAUDIBLE.)

FILENKO: I'm not going to set a time limit on this. I have a murdered colleague, a police officer and we're not going to stop.

UNIDENTIFIED FEMALE: Chief, based on the fact that these men were evidently willing to shoot a police officer, how dangerous do you think they are? How would you rank them?

FILENKO: They shot a police officer. I think that speaks for itself. Extremely dangerous.

UNIDENTIFIED MALE: (INAUDIBLE) does anything rise to the top for anything among the leads that you have?

FILENKO: Again, I'm not going to comment on that. You know, I don't want to give any away any of our current information and put misinformation out there or information that may help the suspects. So, I can't answer that.

UNIDENTIFIED MALE: Do you believe that they're making progress?

FILENKO: Yes, I think we are making progress. Any time we get a lead, we move forward. You know, even if that lead is discounted, that is progress. So, we're -- we are making progress.

UNIDENTIFIED MALE: Was the initial response about a reported Robbery? FILENKO: No.

UNIDENTIFIED MALE: (INAUDIBLE) the officer was injured in any other way (INAUDIBLE)?

FILENKO: Again, that's information I can't give you.

UNIDENTIFIED MALE: Was the officer called to that scene? Was there a 911 call, another call that (INAUDIBLE)?

FILENKO: I can tell you the officer self-responded.

UNIDENTIFIED FEMALE: So, if it wasn't robbery, like, what was suspicious activity? Why was he (INAUDIBLE)?

FILENKO: Well, I can't speak for the officer, again. But if you're driving down a roadway that's got nothing but open fields, possibly abandoned businesses, and you see three individuals there that have no reason for being there, it would be a fundamental police procedure to stop and at least question them as to why they're there.

[13:10:11] And, again, I can't speak for exactly what happened or the -- you know, what the circumstances of the encounter were or how these individuals were even acting when the officer first saw them.

UNIDENTIFIED FEMALE: But that was the scenario, though?

FILENKO: Correct.

UNIDENTIFIED MALE: Where's your command center?

UNIDENTIFIED MALE: (INAUDIBLE) library was closed today. Will you be making any kind of recommendations to the school district or the town about --

FILENKO: Again, I'm going to defer that to village administration.

UNIDENTIFIED MALE: I understand that, but --

FILENKO: Yes, we're going to be having a meeting with the sheriff's department, the leadership within Fox Lake. I'm going to presume there are going to be some school district representative there probably within the next --

UNIDENTIFIED MALE: But what's law enforcement's recommendation?

FILENKO: Well, we want to sit down and we want to analyze the impact first before we make any type of recommendation.

UNIDENTIFIED MALE: What's the mood among the police right now (INAUDIBLE)?

FILENKO: Tenacious. They're focused, energetic and they know exactly what their mission is. And we're hoping for the best outcome of what we're doing. We've got officers coming in. We had officers yesterday coming in on their own time to offer assistance. I'm getting text messages from police departments all over the counties offering assistance off duty, canine units, detectives. So, we have to gauge our resources as well.

UNIDENTIFIED MALE: You had 400 officers out here yesterday --

FILENKO: Yes.

UNIDENTIFIED MALE: -- 40 canines, 40 dogs. What's your level of resources today as you go forward?

FILENKO: We probably have about, I'd say, approximately 100 investigators working this case actively right now. But then, we also have support units coming in that are actually going to be funneling data for us, tracking some of the electronics, reviewing video. So, those are all support personnel.

UNIDENTIFIED MALE: Have you been in touch with Lieutenant Gliniewicz' family?

FILENKO: Have I been in touch with them? I personally have not been in touch with them. Again, this is an anomaly for Lake County as well as this community. I know the Fox Lake Police Department, every employee, no matter whether they're the police or any employee within any of the other divisions, are devastated by this loss. I didn't know the officer, personally, but everything that's been told to me about him is that he was an outstanding police officer, an outstanding community member and a father, we have to remember, of four children. So, --

UNIDENTIFIED MALE: What kind of -- what kind of help is being offered to (INAUDIBLE)?

FILENKO: Yes. We're -- the police department and the Village of Fox Lake are working to get the northeastern Illinois stress debriefing team in. They're offering employee assistance programs. We've got some clergy assistance as well. So, yes, that was almost immediate.

UNIDENTIFIED MALE: In the absence of any evidence they are still in the area, how long will the saturation of patrols continue do you anticipate?

FILENKO: Again, that's something we're going to discuss today, and I'm sure we're going to review that every day.

So, thank you, folks. I think --

UNIDENTIFIED MALE: Do the officers (INAUDIBLE)?

FILENKO: Yes, sir.

(CROSSTALK)

Thank you, folks.

BRIANNA KEILAR, CNN ANCHOR: And I want to go, now, straight to Fox Lake, Illinois for the latest. We have our Correspondent Rosa Flores who is there on the ground. Give us the headlines here of, really, some key developments, certainly in the search for these suspects, Rosa.

ROSA FLORES, CNN CORRESPONDENT: Well, this commander says that what they're doing right now is called a secondary review of the search. So, the initial search, the door-to-door -- knocking on doors, clearing of buildings in that two-mile perimeter that was established yesterday, has been concluded. He says that he feels confident that they went through every house, through every abandoned building, through the overgrown marshes and that they don't believe that these three individuals, these three suspects, were in that particular area.

They are still working, following every single lead. He says that about 100 investigators from state, local and federal agencies, including the U.S. marshals, FBI, ATF, they're going through every lead and all of the evidence, Brianna. So, they're going back, checking, reviewing to make sure they didn't miss anything.

They also mentioned that they have surveillance video. He says that the quality of this video varies but that they're going frame by frame. They've got specialists who are part of the cyber teams that are qualified to go through this video and give them their expert take on -- if anything is in that video that's usable that would be able to lead them to these suspects.

[13:15:08]

One other thing, he says the autopsy for this police officer has been concluded. They have preliminary results. They are not releasing those results at this particular time but that this investigation is ongoing and they plan to continue until they find these three suspects.

Brianna.

BRIANNA KEILAR, CNN ANCHOR: They're not saying, right, Rosa, whether this officer was shot with his own gun by one of these suspects or if he was shot by a different weapon, right?

FLORES: Yes, this commander, he was asked about that multiple times and he would not go into those details about the weapon, if the weapon was recovered or what evidence was recovered from the scene. So at this point we don't know. The only thing that we do know is, is that that radio exchange that the officer had with dispatch, in -- in -- where we hear that he describes the two individuals as two white males and then another individual as a black male. We've also asked him if there's a better description because, as you might imagine, that's -- that's a very blanket statement and he says that they don't -- they don't have a clear picture of that individual. That's why they've got these investigators scouring through frame by frame the surveillance video that is available in this area.

And I should add that the commander told me before this press conference over the phone that this is -- this is an abandoned area, a sparse area. There's not a lot there. He says that there are abandoned buildings that a lot of the times are used by squatters. Now, one thing -- another thing to note. We've been trying to get more

information about the suspicious activity that this lieutenant was following. What is that suspicious activity? He wouldn't tell us exactly, but he did say that, you know, if normal police procedure, if you're driving by and you see people that are not supposed to be there in -- in a sparse area, it would be normal practice for a police officer to stop by and ask those individual what -- what they're doing or what the -- whatever the case might be. Is that what happened? We don't know, he says, but that's just an example that he used. And it only gives us a glimpse as to what that suspicious activity was, but it's -- it's important because up to now we haven't gotten an answer to that question, either, Brianna.

KEILAR: What about DNA collection? He was asked whether there is some DNA evidence. What -- what did we learn?

FLORES: You know, the only thing that he said was that -- that his police vehicle was processed. That all of that evidence was collected and that it's being processed right now. And, of course, they're doing the secondary search, trying to figure out if they missed anything as well. But they're processing that evidence. He wouldn't go into if they recovered fingerprints or if they recovered any other sort of evidence. But the -- he does say that at this point in time they are processing that evidence and they have nothing else to tell us at this point.

Brianna.

KEILAR: All right, Rosa Flores for us there in Fox Lake, Illinois, thank you so much.

I want to talk about this now with the former NYPD detective Gil Alba. He's joining us from New York. We also have retired Chief Deputy U.S. Marshal Matt Fogg. He's with us from Gainesville, Georgia.

So, Gil, what's striking here is perhaps what police on scene there in Fox Lake don't know. It seems like they really only have this cursory and vague description as they said of these suspects. They're actually asking people to be on the lookout for anyone acting suspiciously. They don't know if these three guys are still together. It's like looking for a needle in a haystack here.

GIL ALBA, FORMER NYPD DETECTIVE: It's extremely difficult, but this is how police work is, and that's how detailed it is that you have to get everybody together. So this is a two-pronged kind of search. You have the search and then you have an investigation. So you have to investigate who are these guys and the search is, let's stop these guys before they hurt anybody else. When you shoot a police officer or when you have a confrontation with a police officer and you have that kind of confrontation and you kill a police officer, you're a different kind of animal. So you're out there. They know that when police get you, something's going to happen, you know. So they -- if they don't give up right now, you know, this -- this is going to end up in a bad state. So let's hope we get these guys as soon as possible. But the civilians and the people out there are the ones, any little detail means a lot. And that's how these -- that's how we catch these guys.

KEILAR: Matt, where would you go from here if you really have limited information? Obviously we know investigators are going frame by frame through some surveillance video that sounds like a lot of it may not be great in terms of visual quality. Where do you go if you're doing an investigation like that?

[13:20:01] ALBA: Yes, I mean, this is --

MATT FOGG, CHIEF DEPUTY U.S. MARSHAL (RET.): Well, what --

ALBA: OK, go ahead. Sorry.

FOGG: Police look at is, look at the DNA or try and look at the information that the sheriff is really not even putting out right now, which I can understand because he wants to make certain that he doesn't compromise the investigation. That there may be something these guys somewhere listening (INAUDIBLE) getting information back to them, he wants to make certain. So you do (INAUDIBLE) detail. You've got to go -- make sure that there is no rock unturned. And then when you're talking about three guys in a particular area like that, I would think somebody has seen -- especially (INAUDIBLE) two white and one black. I mean that's, to me, I would think somebody has seen something. So you -- some people out there probably are holding back or not sure that what they saw was unusual. So, you know, you've just got to -- they've got to go back over everything and continue to kind of just concentrate their resources on the small details because that's what's going to be the thing that's going to turn something over and cause them to get a little more lead to go do more.

KEILAR: Gil, what are the chances that these three individuals are still together? Wouldn't it have been smarter for them to split up and how much more difficult does that make looking for them?

ALBA: All -- all the search and all this investigation is not negative stuff. So it's not like, we're not going to find them and everything is going to be, you know, going down a dead end street. Even the surveillance video. The surveillance could be these guys were walking in the morning, at night. So any time, you know, within the two or three days, that's why -- that's why you have to check surveillance for a period of time.

Could they have split up? That's a possibility because, you know, he was killed and they -- they know they're going to be chased really soon. So they could have just ran into the woods or ran into some place, ran into a car and then the car took them out of there -- and -- out of that location. So they -- they could be out of that area. But, still, that area has to be really searched and all that.

Do I have confidence these guys are going to be caught? Yes. The only problem I feel like, I hope they get them soon so nobody else is hurt. They don't go into a house. They don't go and have somebody hostage and then -- these guys are desperate. So when you have desperate guys like this, anything could happen.

KEILAR: All right, Gil and Matt, thanks so much to both of you. Coming up, new developments in the police shooting of a San Antonio

man. CNN has details of what a second video of the incident shows. And also ahead, we have a look at Dr. Ben Carson's dramatic rise in the polls. What is behind this? And how has Carson managed to stay on Donald Trump's good side? He might be the only one. I'll ask one of his senior advisors.

(COMMERCIAL BREAK)

[13:26:39] KEILAR: Next hour we are expecting to hear from police regarding a deadly shooting caught on video near San Antonio and we will bring it to you live when it happens. Meantime, CNN is learning more details about a second video of that shooting.

I want to bring in Sara Sidner. She is in San Antonio.

This first video that we saw, Sara, of this shooting of a man was given to a television station instead of to police and it shows deputies shooting a suspect. He appears to be holding up at least one of his hands. There is an obstruction of what looks like a power or telephone pole. Now there's a second video. What's your source telling you about what this second video reveals?

SARA SIDNER, CNN CORRESPONDENT: A source with knowledge of the investigation has told me that they have seen this second video and that in the second video you can see both of the suspect's hands very clearly. Now, what we're told by the source who has viewed the video is that in one of those hands he is holding a knife. According to the source, both hands are up, one of them has a knife in it.

Now, we've all seen the video that was released to the public. We have also talked to the witness who took that video, who said that the reason why he gave it over to a television station was that he wanted to make sure that an investigation was fair and that nothing could be swept under the rug. He said he himself could not see the other hand of the suspect and what it was doing and you certainly cannot see it in the video.

Now, we also talked to the district attorney who did reveal to us yesterday that there were indeed two videos. Here's what he had to say when we asked him about the details in that second video that the public has not yet seen.

(BEGIN VIDEO CLIP)

SIDNER: You had mentioned that you'd seen both the videos. Is one more disturbing than the other? More clear than the other?

NICHOLAS LAHOOD, BEXAR COUNTY DISTRICT ATTORNEY: The second video, the one that is not out in the public, is much clearer. It's a different angle and it's closer. So it gives us a better view of what actually happened.

(END VIDEO CLIP)

SIDNER: Now that is all that District Attorney Lahood would tell us, would not give us any details because an investigation is still underway. We can tell you, Brianna, that the FBI is involved in the investigation now and we are told that just yesterday they opened up a civil rights investigation into this case. They are looking at this case as well.

Brianna.

KEILAR: Sara Sidner for us there in San Antonio. Thanks for that report.

We're also closely watching breaking news in Baltimore today. Lawyers for six officers charged in Freddie Gray's death asked a judge to dismiss the charges for -- or remove the prosecutor. That was the other request. Gray died after he suffered a fatal spinal cord injury while in police custody. Correspondent Jean Casarez joining us live now from outside of the courthouse in Baltimore.

Jean, tell us what the ruling was (INAUDIBLE) motions.

JEAN CASAREZ, CNN CORRESPONDENT: There are huge rulings that have come about today in this case and the headline is this trial is going forward. First of all, in the motion to dismiss the charges brought by, of course, the defense, the judge denied the motion, so all charges stand as they were charged by the prosecutor's office from second degree depraved heart murder to false imprisonment and even manslaughter. And on the second motion to recuse the state attorney, Marilyn Mosby, the chief prosecutor and the prosecutor's office based on bias and conflict of interest, once again denied. So the state attorney from Baltimore, that office will be trying this case.

[13:30:00] Now, the defense tried very hard in oral argument in this morning with the motion to defend -- dismiss the charges, saying that, in fact, the prosecutor's office had become witnesses because they conducted their own investigation when the police were conducting their investigation.