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12 Jurors Seated In $1.6B Defamation Trial Against Fox News; WSJ Reporter Denied Detention Appeal In Moscow; Man Who Shot Teen Who Rang His Doorbell Surrenders On Felony Charges. Aired 2-2:30p ET

Aired April 18, 2023 - 14:00   ET

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

[14:00:00]

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JIM SCIUTTO, CNN ANCHOR: Skyrocketing childcare costs, millions of Americans facing them. Any moment, President Biden is about to take some action. He's set to sign an executive order expanding access to affordable child and long-term care. We're live at the White House.

BORIS SANCHEZ, CNN ANCHOR: And bodycam video released of the horrific moments that actor Jeremy Renner endured after a snowplow ran over him. Rescue workers tending to him as you see blood spilled across the snow, and a life-or-death moment for this Avenger

BRIANNA KEILAR, CNN ANCHOR: And courtroom clash. The blockbuster trial between Dominion Voting and Fox News is kicking off. Opening arguments haven't even started and it's already getting ugly.

CNN reporters are inside the courtroom sending us all the details. This story and many more coming in right now on CNN NEWS CENTRAL.

So, any moment, opening statements in the biggest defamation trial in a generation are about to begin. Dominion Voting Systems suing Fox News for defamation seeking $1.6 billion in damages. In this sketch, the Fox lawyer seen on the right. The Dominion attorneys on the left. The company said the network perpetuated false claims that Dominion machines rigged the 2020 election despite repeated efforts by Dominion to correct the record. This morning, the jury of six men and six women was seated, 12 others picked as alternates, and it appears that nine of the 12 jurors selected from New Castle County, Delaware are people of color.

Joining us now, we have CNN Legal Analyst Norm Eisen. He is a former White House Ethics czar, and he served as a special counsel for the House and Donald Trump's first impeachment trial. Norm, first, I just want to get your take on the makeup of this jury split evenly between men and women, nine of the 12 jurors are people of color.

NORM EISEN, CNN LEGAL ANALYST: Well, Brianna, we know that this jury does not look like Donald Trump's ideal audience, nor like that on Fox News. It is a typical jury that you get in an American urban setting. And irrespective of their makeup, I expect them to listen to the evidence, to apply the law, and to do the right thing at the end of the trial. You can never tell how a jury is going to decide, but that cannot be a very encouraging jury box as Fox News looks over there.

KEILAR: So, there was a big clash, right, even before these opening statements were set to get underway. This was over slides that Dominion wants to use to present its case. Tell us what's going on here.

EISEN: Well, a trial and I've done many of them. And I've tried cases with these Dominion lawyers, Justin Nelson, Steve Shackelford, Davida Brook. They're some of the best in the business.

They are going to be fighting for every inch of advantage to put the most damning evidence in front of the jury, which is Fox was saying one thing on air, but its executives who are responsible for the company saying something totally different off the air. And it's fact- check department, the so-called brain room saying very different things. So, this is about trying to get every bit of advantage.

The judge has said he's going to give wide leeway in opening statements. He said he's not going to micromanage. More good news for Dominion

KEILAR: Judge -- the judge has said these statements are false, clearly. Right? So, that's out there. The issue really is intent in this case, and that is something that Dominion -- that's the bar that they have to clear here. In your opinion, why is Fox unable to argue that they did not act intentionally or recklessly in this case?

EISEN: Well, we had extensive pretrial briefing here. And the judge said that based on the evidence here, Fox is only going to be able to have a very needle to thread -- very small opening in the needle to thread, Brianna. Why is that? Fox wanted to say well, we were just saying opinion. The judge looked at the evidence and said no. This is not just opinion, you were talking about facts.

Fox wanted to say well we have a right to neutrally report but the judge said the evidence doesn't support that. This was not neutral reporting. Fox, you took sides, so the judge has narrowed their path. They have a very, very tough hand to play on defending intent.

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KEILAR: Why is it, not a defense to say well look, you know someone like a -- for instance, Maria Bartiromo believes these things, one of our hosts believes these things even if Fox writ large, did not?

EISEN: They are going to try that, and say we had no bad intent. We had no actual malice. Because we -- our hosts thought it was true. But, Brianna, that's not the test. The test is, did you do it intentionally or were you reckless?

And that's why all of this other evidence, the e-mails, the texts, what Rupert Murdoch and the others said at their depositions comes in. Tucker Carlson even had a text where he told Sidney Powell, this is reckless. So, the evidence is really against Fox on that the fight is going to be about damages. The merits case is very, very tough for Fox News. KEILAR: This is a huge case that we were watching. Norm, thank you so much for that. Jim?

SCIUTTO: Well, this is a live look at the White House Rose Garden, the podium there. Any moment now, President Biden will speak and sign an executive order to make childcare more affordable and accessible. The order includes 50 directives across nearly every cabinet-level agency to fix the so-called care economy. And if you're a parent, you know all too well, the high cost of raising a child today.

Have a look at this. The average price for childcare for one child currently ranges anywhere from $5,000 a year all the way up to above $17,000 a year. That means some families spending as much as 19 percent, 1/5 of their income for childcare for one child.

CNN's Phil Mattingly is at the White House awaiting the president. So, Phil, an executive order, what do we expect to hear and what do we expect that to actually cover that order?

PHIL MATTINGLY, CNN CHIEF WHITE HOUSE CORRESPONDENT (on camera): Yes. there's two pieces of this, right? There -- this is the reality of the aspirational not having a clear pathway. Hundreds of billions of dollars for child care, for home care, for teachers, for care workers that the president proposed during the start of his administration pushed, for repeatedly over the course of a series of months of negotiations on Capitol Hill, and ended up not making it across the finish line.

Now, with Republicans in control of the House, there's no sense that that dynamic is going to shift anytime soon, and so the president is acting on his own. Now, what this will do will be far short of what administration officials really wanted when they started this administration, understanding how pervasive and an economic issue this is for millions of Americans, for families, for parents, kind of across the board.

However, it is trying to leverage the power of the federal government to try and address some of these issues on a smaller scale way. The president directing every agency of the government to try and figure out a way to funnel existing funds -- existing programs into lowering childcare costs and to helping on areas like home care and to incentivizing teachers and caregivers. Is it what they laid out and wanted in the beginning? No, but it is something that they believe they have the purview to try and accomplish right now.

Jim, there's a bit of a roadmap here. Earlier this year, the Department of Commerce with $50 billion in new funding, to incentivize the building of semiconductors, added a provision in there that any company that wants to be able to utilize that funding has to include childcare. That's something administration officials are looking at here. So, a couple of pieces of this, more than anything else. So the President wants to emphasize he still cares deeply about this and wants to get something passed. But in short of that, he'll be signing the executive order, Jim.

SCIUTTO: Yes, a big, big difference between what you need to accomplish by passing a law through Congress versus an executive order, but it's something, Phil Mattingly at the White House, Boris.

SANCHEZ: Some big developments to share with you in the case of a 16- year-old boy in Kansas City, Missouri shot after he went to the wrong house looking for his younger brothers. The shooter is 84-year-old Andrew Lester and he's now charged with two felonies. He has not yet turned himself in to police. Meantime, Ralph Yarl is out of the hospital and recovering at home from gunshot wounds to his head and arm.

CNN's Lucy Kafanov is live for us in Kansas City. And, Lucy, many are wondering why it took so long for these charges against Andrew Lester. And the family attorney's upset that he's still not in custody. He hasn't turned himself in.

LUCY KAFANOV, CNN CORRESPONDENT (on camera): That's right. He lives at the home behind me. We have not seen anyone appear at this home since yesterday. We hadn't seen anyone yesterday as well.

And I can tell you, Boris, this literally just in from the attorney for the family, who tweeted that the Clay County prosecutors at Thompson are going to be meeting with the family of Ralph Yarl concerning the criminal prosecution of Andrew Lester for the shooting of Ralph Yarl at 2:00 p.m. Local, 3:00 p.m. your time.

We know that the family has been demanding answers. Take a listen to Yarl's aunt who spoke on CNN earlier today.

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FAITH SPOONMORE, RALPH YARL'S AUNT: You just cannot wrap your head around it, from being shot for doing absolutely nothing wrong to crying out for help and not being able to get help to finally get in help but having to do something to get that help. And then going through surgery to stay alive, coming home, and knowing that the person who did this went home and was able to sleep in his bed. And seeing your family have to fight to get the justice and attention that you should have gotten from the beginning.

(END VIDEO CLIP)

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KAFANOV: And again, all this took place on April 14, Lester was released after being questioned by police. Those charges weren't filed until yesterday. And let's talk about those charges.

There are two charges in this case. Andrew Lester facing armed criminal action which if convicted, could get him between three to 15 years behind bars. The more serious charge is first-degree felony assault, which could see him spend the rest of his life behind bars.

The community has been outraged over what happened. We saw fellow classmates of Ralph Yarl leaving their high school classes today for a peaceful unity march demanding action. We know that Ralph has survived miraculously, this -- the shooting, getting shot twice in the head. He is home and recovering.

But as his family points out the emotional scars, the trauma for being shot at for doing nothing as his aunt said is going to be something that he's going to be getting over for a very long time. A lot of questions as to where Andrew Lester is and why he hasn't been turned into custody yet, Boris.

SANCHEZ: Yes. Yarl, essentially so that no words were exchanged that he rang the doorbell and then Lester opened fire on him. Lucy Kafanov from Kansas City, Missouri, thank you so much. Brianna?

KEILAR: Still to come on CNN NEWS CENTRAL. Disturbing developments out of New York where the sheriff says the man accused of killing a 20- year-old who pulled into the driveway -- the wrong driveway is showing no remorse.

Also ahead. Wall Street Journal reporter Evan Gershkovich in a Russian court today to appeal his detention. We'll tell you how that played out.

And after a year and a half break, Alec Baldwin is set to resume filming the movie Rust following the onset death of cinematographer Halyna Hutchins. CNN NEWS CENTRAL returns after this. Stay with us.

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SANCHEZ: And Wall Street Journal reporter Evan Gershkovich was in a Russian court today in a glass cage trying to appeal his detention. There you see him nodding after a fellow journalist told him in Russian "everybody is rooting for you." That moment of optimism though was fleeting. CNN's Matthew Chance has more.

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MATTHEW CHANCE, CNN SENIOR INTERNATIONAL CORRESPONDENT (voiceover): This is the first real glimpse we've had of Evan Gershkovich for weeks really since he was detained on suspicion of espionage in March. And you can see he looked pretty calm and relaxed. U.S. diplomats who have now been granted consular access say that he appears to be in good health and seems strong.

The court though in Moscow rejected his appeal to be released on bail or for his custody to be downgraded to house arrest. Instead, Gershkovich will stay behind bars at the notorious Lefortovo prison in Moscow to await his trial -- well after the decision. His lawyer spoke about how he's holding up inside, reading classic Russian novels one said, and watching cooking shows. The U.S. Ambassador though was much more critical, saying how troubled she was at seeing what she called an innocent journalist in the circumstances and calling on Russia to set him free.

And meanwhile, there are new concerns being expressed about another prominent prisoner being held in a Russian jail. Lawyers for Alexei Navalny, the anti-corruption campaigner serving an 11-and-a-half-year prison sentence now say he's been beaten up in his jail cell and separately is facing more criminal charges. That comes after the Kremlin critic Vladimir Kara-Murza, who was sentenced to 25 years for treason sparking more international criticism but underlining Russia's continued lurch towards authoritarianism.

Matthew Chance, CNN, London.

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SANCHEZ: Dissent clearly not tolerated by the Kremlin. Matthew Chance, thank you so much. Brianna?

KEILAR: Boris, now on to some other headlines that we are watching this hour. A homeowner is facing murder charges for allegedly shooting and killing a young woman who pulled into his driveway in upstate New York. The sheriff says that 20-year-old Kaylin Gillis, as you see, was a passenger in a car with three others when they drove up the wrong driveway while looking for a friend's house in a rural area. The Washington County Sheriff says 65-year-old Kevin Monahan fired two shots from his front porch, one of them hitting her car.

And just in. A spokesperson for Rust movie productions tells CNN that the filming of that movie will resume this week in Montana and Alec Baldwin will return to finish the project. Production came to a halt in 2021 when cinematographer Halyna Hutchins was fatally shot after a prop gun that Baldwin was holding fired a live round during a rehearsal. The actor is charged with involuntary manslaughter in Hutchins's death. He has pleaded not guilty. Jim?

SCIUTTO: All right, coming up. The family of one of the victims killed in a Sweet 16 birthday party is now speaking out. It's been almost three days since the shooting, still no arrests. We're going to have the latest on that investigation as it stands just ahead.

Also ahead. This is good news. Buffalo Bills safety Damar Hamlin is now officially cleared to play football again months after collapsing on the field. We'll have more on this heartening story coming up.

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SANCHEZ: This just in to CNN. An update for you on the case of Ralph Yarl, the 16-year-old boy in Kansas City, Missouri who was shot after he went to the wrong house looking to pick up his younger brothers. The shooter, 84-year-old Andrew Lester has just surrendered to authorities.

CNN's Lucy Kafanov has been tracking this story for us from Kansas City. And, Lucy, just about 20 minutes ago, we were talking about how frustrated Yarl's family was that Lester hadn't turned himself in.

KAFANOV: Yes, Boris. This is the news that the family as well as the community had been waiting for. This incident took place on April 14. We have just heard from a verified Clay County Sheriff's Twitter account, they posted, Andrew Lester charged in the shooting of Ralph Yarl has surrendered at our detention center. He is in custody.

And again to remind our viewers, he is charged with two charges here. The first one, armed criminal action. That could earn him three to 15 years behind bars. The other charge, first-degree felony assault. Could see him spend the rest of his life in prison. He is 84 years old. He is now in custody, Boris.

SANCHEZ: A major update in that case. Lucy Kafanov, please keep us up to date with the very latest in the investigation. Brianna, I will send it over to you.

KEILAR: Still, no suspects named, still no motive announced, the growing question today, how is there still so little information after four young people were shot and killed last Saturday night at the Sweet 16 birthday party in Alabama? 32 others were injured at least 15 of them were teenagers.

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This is 18-year-old Philstavious Dowdell. It was his little sister, Alexis's birthday party. And as shots rang out she says, one of the last things he did was try to protect her.

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ALEXIS DOWDELL, VICTIM'S SISTER: And then all I remember is my brother grabbed me and pushed me down to the ground while they're shooting and I just fell in the whole of blood. I head running and I had picked my brother up and I turned him over and I was telling him -- I was like you're fine. I was like you're going to make it. You're strong.

(END VIDEO CLIP)

KEILAR: CNN's Isabel Rosales is on scene in Alabama. She had that interview with Phil Dowdell's mother and sister. Tell us what else they told you.

ISABEL ROSALES, CNN CORRESPONDENT (on camera): Brianna, Alexis Dowdell told me that this was supposed to be such a happy event, something that she had planned for months even with her brother, she was so excited. But now, this is going to be a day she's forever going to remember as the day that she lost her beloved brother. A brother who lost his life saving her in those last moments.

LaTonya Allen is the mother. She got shot in this in the stomach and in the leg. She says she still has those two bullets within her body. She told me that earlier in the night, she had heard rumors that someone might have a gun, so she cut the lights on, she got on the microphone, and told those kids hey, if someone's got a gun, you got to leave. Nobody left.

She also told me that there was no fight, no commotion before that gunfire suddenly erupted. And she tells me that in all of this chaos, the screaming people running around. Nobody could tell how many shooters there were. She also tells me that she hasn't heard much of anything from investigators but they have told her no one's in custody. Listen to what she had to say about her son, Phil Dowdell.

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LATONYA ALLEN, VICTIM'S MOTHER: It was a nightmare. A nightmare I just -- it's just something a nightmare that I don't wish on any parents just have to go. And to see my baby laying out you know in a pool of blood.

(END VIDEO CLIP)

ROSALES: And closure is not coming anytime soon, Brianna. That's because they can't even put a date to the funeral. The body, Allen tells me has -- Phil Dowdell has not been released to the family. They're holding it for an autopsy. That's what she's telling me, Brianna.

KEILAR: Are authorities any closer to finding a suspect here?

ROSALES: He have remained pretty tightlipped and that's what has gotten so many in the community really upset, concerned, and frustrated. They want answers. They're demanding answers.

This shooting happened on Saturday and to this day, they still have not named a suspect, they have not named an a -- or identified a motive. And they have not said whether anyone is in custody. The Dadeville police chief did tell me that they have strong leads. They are urging for patience as they work to interview people and piece this together.

We do have a statement from ALEA, that's the Alabama law enforcement agency, the agency leading this death investigation. They tell us in the statement that agents are completing interviews as "an effort to solidify a motive and potential suspects.: They also say that special agents did not recover any high-profile rifle ammunition at the scene. However, they did recover numerous shell casings used in handguns. Brianna.

KEILAR: All right, Isabel, thank you for the latest from Alabama on that. Boris?

SANCHEZ: Now to some big news from the Buffalo Bills. The team just announced that safety Damar Hamlin has been fully cleared to return to playing football. This comes only three and a half months after he suffered cardiac arrest. We'll remember seeing Hamlin collapse on the field after making a tackle during a game against the Bengals.

CNN's Sports Anchor Coy Wire joins us now with the details. And, Coy, Hamlin just spoke to reporters. What did he say?

COY WIRE, CNN SPORTS CORRESPONDENT (on camera): Yes. Boris, first of all, new show. Who it is? It looks good on you in there.

SANCHEZ: Do you like that? Do you like that, Coy? WIRE: It looks good. Good to see you, Boris. Listen, for the first time, we know what caused the cardiac arrest of Damar Hamlin. He revealed that it was Commotio Cordis. It's when your heart suddenly stops beating due to blunt force trauma to the chest area.

Now, in 1998, Chris Pronger of the St. Louis Blues, Boris, took a slap shot to the chest, fell to the ice, got up then fell. Much like Damar Hamlet did when he was injured. It was Commotio Cordis. He was back playing days later, played 12 more seasons en route to a Hockey Hall of Fame career.

Bills' General Manager, Brandon Beane, said earlier today that Hamlin has met with three different specialists. And Hamlin said that the last appointment was actually on Friday. It was a checkup.