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At This Hour

Soon: Family of Andrew Brown Jr. May Be Shown Bodycam Footage; Fully Vaccinated Americans May Be Able to Visit Europe This Summer; Supreme Court Agrees to Take Up Major Second Amendment Case. Aired 11- 11:30a ET

Aired April 26, 2021 - 11:00   ET

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

STEPHANIE ELAM, CNN CORRESPONDENT: Show that she actually knows how to do "da butt".

[11:00:03]

She didn't just dance. She knows how to do "da butt". We're going to see it here in a second.

It was just a delightful moment. How much she knew about the song. However, they planned it. It was really a cute moment.

JIM SCIUTTO, CNN ANCHOR: All right. We'll have to say the actual dance for later. I'm sure you can find it online.

Stephanie Elam, thanks very much.

POPPY HARLOW, CNN ANCHOR: Thank you, Steph.

Thanks to all of you for joining us. We'll see you tomorrow morning. I'm Poppy Harlow.

SCIUTTO: And I'm Jim Sciutto.

AT THIS HOUR WITH KATE BOLDUAN start --

KATE BOLDUAN, CNN ANCHOR: Hello, everyone. I'm Kate Bolduan. Thank you so much for joining us.

At this hour, the focus is on Elizabeth City, North Carolina, where a state of emergency has been declared not because of a natural disaster but because the city is bracing, because five days after Andrew Brown Jr. was shot by sheriff's deputies, his family may finally view the bodycam video of the moment deputies killed him. The family is set to meet with city officials at any moment. We could hear from his family afterward and their attorneys. That is why the city is bracing at this hour.

Up until now, there have been very few details released about what happened as deputies were trying to serve an arrest warrant for Brown. The most information released comes from emergency dispatch audio from the scene. Listen to this.

(BEGIN AUDIO CLIP)

CALL TO DIPATCH: Central, advise EMS has got one male, 42 years of age, gunshot to the back.

(END AUDIO CLIP)

BOLDUAN: And that is basically all we know right now. And that is all the family knows right now, and has been told in the past five days. That's likely to change very soon.

So let's go there. CNN's Natasha Chen, she's standing by in Elizabeth City.

Natasha, what's the latest?

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Yes, Kate, the family is expected to meet with the county attorney in just 30 minutes. Meanwhile, you can see all the people in the community who have brought out their folding chairs, expecting this to be a very long day.

Well, the family may see this body camera footage privately. These folks are calling for it to be released publicly. Now, here in North Carolina, that requires a judge to grant the release. But these folks are putting pressure on the district attorney.

Here is Kirk Rivers, former councilman, local activist.

Kirk, why are you putting pressure on the D.A. when it really comes down to a judge at this point?

KIRK RIVERS, FORMER ELIZLABETH CITY COUNCILMAN: Well, we have to have the da and the sheriff and the two of them come together and they petition a judge and the judge feels the two of them are on the same page. So, it gives more opportunity for the judge to sign to release the video to the public which will explain everything.

And our key is we want to see it now. We understand as time goes by, people have opportunity to change things. They get this chance to put their perspective. The video does not -- we hope the video has not been edited of anything we want to see, the releasing of the video.

CHEN: Of course, it's concerning because the audio she shows is it a emergency responder saying that the 42-year-old man was found with a gunshot wound to the back. And so, the family and you are concerned and hoping the video can answer more questions.

But, Kirk, you're also expecting a counter-protest today this evening for people supporting law enforcement. What is your message to this group right here and that group?

RIVERS: Yes. We support law enforcement. If someone breaks into my house, we're going to call 911. We expect them to come to defend us. So we don't have a problem. We're not against the police. We're against police brutality. We're against shooting an unarmed man. There is by no means are we

looking to bump heads, clash heads. They have a right to say what they would like. We have a right. That's the freedom of expression. And we respect that.

So, this is not as you can see from our people here that are here, we're not here to be an angry mob. We're not here to cause violence. We're here to make sure that everyone is held accountable and that we receive the information and let the information go to the public.

That's why we're here, encouraging elected officials to do, is to release the video.

CHEN: Thank you, Kirk.

And, of course, hoping everything remains peaceful as it has been for the last several days -- Kate.

BOLDUAN: Natasha, real quick, what -- you said there is expected to be a counter protest this evening? What are you hearing about that?

CHEN: Right. From what we know this is posted on social media. Counter protests, potentially at 6:00 today at the same location. Earlier this morning, we did see one individual walk through here with the sign that said support the police. That didn't go over too well with this crowd.

But as Kirk just mentioned, the goal here is not necessarily to spread an anti-police message. It's for transparency. And so, the hope is that they can stand here together, everyone using the free speech and not have any issues.

BOLDUAN: And, Natasha, as far as we know, as you mentioned, the families meeting with city officials. Do -- are they assured that they will be able to see the video?

[11:05:02]

CHEN: So it's actually county officials, the city of Elizabeth City was not involved in this incident. But this is meetings supposed to happen at this building. And last I checked with the family attorney, Harry Daniels this morning, he told me that they are confident they will get to view this footage in private during that meeting, and potentially tell us when that meeting is done, what they saw in the video, Kate.

BOLDUAN: All right. Thank you very much. Much more to come on that. We're having a technical issue trying to connect with the city manager of Elizabeth City. Hopefully get him connected.

But still ahead, we have promising signs, a glimmer of normalcy coming from Europe today. What that could mean for your summer travel plans.

Plus, a major gun rights case is headed to the Supreme Court. What the justices just announced the details are coming in.

(COMMERCIAL BREAK)

[11:10:08]

BOLDUAN: This morning, signs of progress in the fight against the coronavirus. Almost 30 percent of American adults are now fully vaccinated, according to the CDC. And after more than a week, more than a week-long pause, the Johnson & Johnson vaccine is back on the market after the CDC and FDA determined the benefits of the shot outweigh the risks of the rare side effects reported with that specific vaccine.

And signs of normalcy for the first time since the pandemic set in. The European Union may now allow fully vaccinated Americans to start visiting once again this summer.

Joining me now for that is CNN's Pete Muntean.

Pete, what exactly is the E.U. saying?

PETE MUNTEAN, CNN CORRESPONDENT: Kate, the E.U. is saying that our vaccines are essentially good enough to do this. Pfizer, Moderna, J&J all are approved here by emergency use authorization, also approved in the E.U.'s 27 nations.

This is so big because nonessential travel has essentially been restricted, banned, to the E.U. for more than a year. And now, the E.U. is saying that fully vaccinated Americans can travel to Europe by summer. Still some details to be ironed out here, though.

We need to find out whether or not there will be an officially timeline. All we know right now is summer. So, that's a little vague. Also need to be ironed out, the proof of vaccination method. There is talk about a vaccine certification, also maybe a vaccine passport, maybe doing that digitally.

The decision here will come down to each individual country. The E.U. has clarified that country to country, will be able to open up the border. So, this won't be all of Europe all at once.

Even still, this is being acknowledged by the White House. In fact, it's being celebrated by them. Here's what they had to say yesterday.

(BEGIN VIDEO CLIP)

ANDY SLAVITT, WHITE HOUSE SENIOR ADVISER FOR COVID-19 RESPONSE: They're looking at the U.S. They're looking at the success of our vaccination program. They're looking at the reduction in disease. Although they know we're not done yet, they're saying those Americans are safe to come to our country without risk of spreading COVID-19.

(END VIDEO CLIP)

MUNTEAN: Now, struggling airlines cannot wait for this. Domestic leisure travel, that is what is up. The TSA screened 1.75 million people across the country yesterday. But what's missing right now is international travel. Typically, the number will be 2.5 million people. Other airlines have been eyeing this.

United Airlines actually started to open up some routes last week to Croatia, Greece, and Iceland. All places that have retracted their restrictions for those who are fully vaccinated, and it seems like more will come as this restriction gets lifted in the E.U., Kate.

BOLDUAN: Yeah, great to see you, Pete. Thank you.

So there is also a new reality setting in with the vaccine rollout. The number of people missing their second vaccine doses is jumping. Millions of Americans now reported by the CDC having skipped or missed their appointments.

CNN's Elizabeth -- Elizabeth Cohen has been looking into this. She's joining us now.

Elizabeth, what does this mean?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Kate, this is not great news. Obviously, people need to take two doses of Moderna and Pfizer, 8 percent is relatively a small number. But still, it's not great.

Let's take a look at the specific numbers. So, the good news is that more than one in four Americans have been fully vaccinated. So, that's terrific. But 8 percent failed to get the second shots from Moderna and Pfizer.

In March, that number was smaller, 3.4 percent failed to get the second shots. It is not going in the right direction. Now, we don't know why this is true.

It could be that some people are confused. They don't realize they need a second shot. It could be that people are sick of this, oh, I got one, I won't bother with the next one.

It could be that people are scared they're going to feel sick after the second shot. They don't realize that they probably won't get hardly sick at all and that it will go away very quickly, chances are.

But let's take a listen to what Dr. Fauci said on this topic.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, CHIEF MEDICAL ADVISOR TO PRESIDENT BIDEN: Whenever you have a two dose vaccine, you're going to see people who for one reason or another convenience for getting a number of other things, just can't show up for the second vaccine. A percent of 8 percent, I'd like it to be zero percent. But I'm not surprised that there are some people who do that.

(END VIDEO CLIP)

COHEN: Now, since we don't know why people are failing to show up for their second shot, it will be interesting to see if public health departments can figure out what the problem is and get those people in for those second shots -- Kate.

BOLDUAN: Elizabeth, thank you so much. Joining me for more on this is Jorge Rodriguez, a CNN medical analyst and viral specialist.

Doctor, one additional piece of news that we are learning today from our White House team is that President Biden is set to announce new CDC guidance for mask wearing.

What do you think the guidance should be?

DR. JORGE RODRIGUEZ, CNN MEDICAL ANALYST: Well, let's wait until we seat information. But we do know that the spread of the virus outdoors, we now know is really very small, miniscule.

[11:15:04]

Sometimes some reports say 19 times less than indoors. So I think that probably it's all right to not wear masks when you're in public places that you're not close to other people. Probably when you exercise alone, it's okay. When you walk around, it's okay. When you are at the beach, it's okay.

But I really waiting to see the CDC and White House recommend. And I think that information is coming shortly.

BOLDUAN: Yeah, it does sound like it. I think everyone is waiting for that together. This new number from the CDC that 8 percent of Americans have missed their second dose of the COVID-19 vaccine. This was always a concern I remember when we were talking about a two shot vaccine regiment, right?

But how concerned are you when you see this, the numbers are climbing here?

RODRIGUEZ: Well, I am concerned. Listen, this is not a test where a 92 is still an A, right? Eight percent is a large portion of the population.

So I'm going to quote my people and say open your brain zipper and let that information come in. Just one dose, only protects you maybe 80 percent. We don't know for how long. So in order to be fully vaccinated, you need both doses of the vaccine.

The second dose at least in my case was much lighter in the symptoms than first. So this is, you know, just gives us credence to the fact that a one dose vaccine like the Johnson & Johnson is something that would be very useful. So if you're going to start the process, finish it off. Take it to the goal line.

BOLDUAN: Absolutely.

So the good news front, the number of new cases across the country is declining. This is great news. I say that looking over my shoulder of what we've seen in the past. We've seen this before only to see spikes follow close behind because people loosen up.

The former FDA commissioner, he says though this time that is not likely to happen. Let me play what Scott Gottlieb is thinking here.

(BEGIN VIDEO CLIP)

DR. SCOTT GOTTLIEB, FORMER FDA COMMISSIONER: Right now, the decline that's we're seeing, we can take to the bank. I think we can feel more assured because they're being driven by vaccinations and greater levels of population wide immunity. Not just from vaccination but also from prior infection.

(END VIDEO CLIP)

BOLDUAN: Do you share his confidence? Can you talk me through this?

RODRIGUEZ: You know what? I share his confidence to a degree. And Scott is a brilliant man. But what we have to realize is that the virus knows more than we do.

And one of the things that we have not emphasized is this is not a sprint. This is a long marathon to try to fight this virus. What I think -- he's right, the more people we vaccinate, it is likelier that we're going to be safer all over.

But what we don't know is how long this immunity is going to last. So I would hate for people to feel so relaxed in four, five, six months that we throw caution to the wind and that's when vaccine immunities, we don't know. They may start weighing down. Probably not.

So what I think is that we always have to watch what I call the viral weather report and see what is going on in different areas before we become so relaxed that we go outside, right, and the rain starts again. Just to use all the horrible, you know, analogies of mine. I'm cautiously optimistic. I think until there is herd immunity, we really need to tread cautiously.

BOLDUAN: Never horrible. It's always great to you have on and your --

RODRIGUEZ: Thanks, Kate.

BOLDUAN: -- unique ability to have a good turn of phrase. Thank you, Doctor. Appreciate your time.

RODRIGUEZ: Thank you.

BOLDUAN: I do want to head back to our top story this hour. A state of emergency declared in Elizabeth City, North Carolina. We want to head back to Elizabeth City, North Carolina, because we this hour, the family of Andrew Brown Jr. is preparing to potentially very likely view the body camera video of the time they shot and killed him. This happened five days ago. And now, the city is bracing.

We've been able to I believe fix those technical gremlins and joining me -- joining me now is the city manager of Elizabeth City, Montre Freeman.

Thank you for being here. It's good to speak with you once again.

Can you talk to me first why declare a state of emergency? What are you all looking at?

MONTRE FREEMAN, CITY MANAGER, ELIZABETH CITY: Well, you know, there are a lot of moving parts. And so, as I said before, I want to stay in front of this as a manager and be proactive.

And so, a lot of resources we will not be able to access if necessary. Unless we are in a state of emergency, resources like state and federal funding, resources across the state in particularly. So it was a cautionary move on my behalf to draft that and have the mayor to sign it.

BOLDUAN: Is the family going to see the body camera video today? Is that your understanding?

FREEMAN: That is my understanding. But the time has not been confirmed or denied. So, we're just trying to, you know, make decisions, and make the best decisions that we can going forward.

[11:20:06]

BOLDUAN: The attorney one of the family's attorneys, Ben Crump, he was speaking to my colleague Jim Acosta this weekend, and here's what he said. He said: it's clear to us there's something bad on that bodycam video that they don't want the public to see.

Do you think that is the case?

FREEMAN: I don't -- I can't say. You know, as a manager, I would be reluctant to say that.

I -- from the very beginning, I've been extremely vigilant around the messaging of being accurate. I have not been pushing the narrative of speed. But I have absolutely pushed the narrative of accuracy. That's what I need.

And I really want everybody all eyes and hands on deck focusing on the matter at hand. And which is why I have taken it -- taken the position to protect the protesters so that there are no distractions from what really happens.

You know, it's an honor to be on here with you, Kate, but it is not a pleasure. And the fact of the matter is that a young man is gone and children lost their father, family members have lost their family member.

And I have people here that work for the city of Elizabeth City who have lost a friend. So that is a root of this thing. I really just want accuracy.

BOLDUAN: And the family clearly wants the same. And the family wants to see the video and also wants to see it released. You have said the same. The county sheriff in the last five days has largely been communicating through taped videos that they posted on Facebook.

I want to play for you and our viewers some of what he said over the weekend. (BEGIN VIDEO CLIP)

SHERIFF TOMMY WOOTEN, PASQUOTANK COUNTY, NORTH CAROLINA: We know people want answers. We know you're angry. We understand and respect that. We're following a process that protects the investigation to ensure fairness for all.

(END VIDEO CLIP)

BOLDUAN: You're ready to have the video released. The city making moves to petition, appeal, put in a request that happens. How does releasing the video endanger the investigation?

FREEMAN: I'm not sure. You know, I'm not leading that investigation. I'm just unsure how it would.

From my standpoint as a city manager, it's about moving to the next step. It's kind of like when you have a missing person and the person is found, right, good, bad, indifferent, the family is able to move to the next step.

And so, although the citizens of Elizabeth City are not of my family, I think of them this way because they -- I'm here to serve them. And so I want the city to be able to just move to the next step. And I want the family to have the opportunity to move to the next step.

Like I said, at the end of all this, a person is gone, and they need to able to move to the next step. However, I'm still pushing the messaging of accuracy, because I don't want anything to detract from or distract anyone's attention from the necessity of this whole conversation.

BOLDUAN: Well, and accuracy -- and accuracy and accuracy and transparency come in really seeing the video. There is nothing inaccurate when you release this video. When we spoke on Friday, you were frustrated by the process. This is a process that dictated by state law in part because that has really slowed things down.

When do you think it is the soonest that the public will see this video?

FREEMAN: You know, Kate, I'm still frustrated. I'm trying to believe in the process with everything that is in me. I really am.

I have no idea. I have not been in communications at all around that investigation. And so, all the decision that's we're making on the city side is just -- we're trying to be proactive. We're making our best guesstimates at what we need to do.

BOLDUAN: So what's your best guess, honestly?

FREEMAN: My best guess is that we continue to keep boots on the ground and protect our protesters and allow the First Amendment rights to be exercised. But you are absolutely right, Kate. The frustrations are growing every day. BOLDUAN: Yeah. And it will be good to hear from the county sheriff

to answer questions from reporters as well at this point. Five days later and all the family knows is from that five second dispatch audio, emergency dispatch audio. That's all they've got.

FREEMAN: Right.

BOLDUAN: City Manager, thank you very much. I appreciate your time. We'll check back in with you.

FREEMAN: All right. Take care, Kate.

BOLDUAN: Thank you very much.

Coming up for us, Supreme Court agrees to do something that they haven't in more than a decade, taking a case about the right to bear arms. The does the Second Amendment mean something different in your home than in public?

(COMMERCIAL BREAK)

[11:29:43]

BOLDUAN: There's big news coming from the Supreme Court. Take up a major second amendment case. The first time in a decade the high court will rule on right to bear arms. At a time when the country is very clearly struggling with an epidemic of gun violence from coast to coast, this could be huge.

CNN's Jessica Schneider joining me right now with more on this.

Jessica, what case are they taking up? What are they looking at?