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Ventura Co, Sheriff Updates On Death Of Jewish Protester; Abortion Rights A Central Issue In Key Races; Key Votes Today Could Signal Direction Of 2024 Race. Aired 1-1:30p ET

Aired November 07, 2023 - 13:00   ET

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

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[13:01:15]

BORIS SANCHEZ, CNN HOST: Abortion, marijuana and state control. All of that and more on the line today as Americans hit the polls in several key states across the country and the results on this election day could provide some big clues about 2024.

BRIANNA KEILAR, CNN HOST: Plus, one month of death and destruction with no end in sight. Now the Israeli Prime Minister says Israel will maintain control of Gaza indefinitely.

And a key gun rights battle going before the Supreme Court as justices revisit a landmark case. We were following these major developing stories and many more, all coming in right here to "CNN News Central".

SANCHEZ: We want to take you straight to California where we're insurer County Sheriff's Office, deputies are giving an update on the Jewish protester who died after suffering a head injury following an altercation during a protest.

Let's listen.

JIM FRYHOFF, VENTURA COUNTY SHERIFF: Good morning, everyone and thank you for being here. This morning as your sheriff of Ventura County is with a heavy heart that I stand before here today to address this tragic incident that has occurred in our community. I want to express my deepest condolences to the family and friends of the victim who lost his life in this unfortunate event. Our thoughts and prayers are with them during this very difficult time.

As law enforcement officers, our primary duty is to protect and serve the community. We take this responsibility very seriously. And we are committed to investigating this matter to the fullest and finding out what exactly occurred. We are working tirelessly to gather all the facts and evidence related to this incident. And we will do everything in our power using every resource we have at our disposal to make sense of this incident. And if criminal wrongdoing is discovered, to bring the person or persons responsible to justice.

I would like to thank the members of the media for being here today. Your role and keeping the community informed is critical. We appreciate your cooperation and support during this difficult time. We will do our best to provide you with an accurate and timely information and updates as they become available.

I will now tell you what we know. And keep in mind this investigation is ongoing and fluid. So, I will refrain from providing conjecture. I will state the facts as we know them at this point in time.

On November 5, 2023 at approximately 3:20 in the evening, the sheriff's communication center received multiple calls regarding a possible assault and an unconscious male who was bleeding at the intersection of Thousand Oaks Boulevard and Westlake Boulevard in the city of Thousand Oaks. The caller is advised the incident was related to a rally or demonstration that was occurring at the location. Fliers distributed on social media indicated a demonstration for Freedom for Palestine protest and the counter protest was led by We Are Pro- Israel. There were an estimated 75 to 100 people at the demonstration between both groups. Three patrol deputies were dispatched code 3, meaning with their lights and siren to the scene along with medical personnel and paramedics from the Ventura County Fire Department and American Medical Response.

Soon after, two patrol sergeants along with two additional deputies responded to the scene. At 3:22 p.m., one of our patrol sergeants arrived on scene. At 3:24 p.m. two additional patrol deputies arrived on scene. The sergeant contacted the victim identified a 69-year-old Paul Kessler, a Thousand Oaks resident who was lying on the ground. Mr. Kessler was conscious and responsive, the sergeant observed what he was saw was bleeding from the head and mouth.

[13:05:06]

Medical personnel from the Ventura County Fire Department arrived on the scene and began providing aid to Mr. Kessler. Mr. Kessler was then transported to a local hospital by paramedics for advanced medical treatment. Mr. Kessler remained conscious while being transported to the hospital.

The suspect was identified, willingly remained at the scene and was interviewed by deputies. The suspect was cooperative and indicated he was involved in an altercation with Mr. Kessler. The suspect further stated that he was one of the reporting parties who called 911 requesting medical attention for Mr. Kessler. Several witnesses were contacted at the northwest corner of the intersection where the Shell gas station is located. And they were interviewed. These witnesses providing collect -- conflicting statements about what the altercation and who the aggressor was. Some of the witnesses were pro-Palestine, while others were pro-Israel.

During the investigation at the scene, deputies determined that the altercation with Mr. Kessler he fell backward and struck his head on the ground. What exactly transpired prior to Mr. Kessler falling backward isn't crystal clear right now. At 4:02 p.m., a Deputy and Sergeant arrived at Los Robles Hospital where Mr. Kessler was being treated. Soon after, the deputy is still at Westlake Boulevard in Thousand Oaks clear the scene. Mr. Kessler was listed as being in critical condition by Los Robles Hospital staff. However, he was still conscious when contacted by deputies at the hospital. At 5:32 p.m., the deputies of the hospital cleared the call and documented the incident pending follow up investigation by detectives from the Thousand Oaks Police Department. On November 6th, at approximately 2:43 a.m., the sheriff's communication center received a call from the hospital staff in reference to the earlier incident involving Mr. Kessler. At 2:53, a Patrol Deputy and Sergeant arrived to the hospital and were told that Mr. Kessler had succumbed to his injuries.

At 3:00 a.m., investigators from the Major Crimes Bureau were notified of the circumstances surrounding Mr. Kessler's death, and they immediately launched an investigation. The Ventura County Medical Examiner's Office was also notified and send an investigator to the hospital. Mr. Kessler's body was later transported to the Ventura County Medical Examiner's Office, where a subsequent autopsy was performed.

I will defer any comments regarding the autopsy results to Chief Medical Examiner for the Ventura County medical examiner's office of Dr. Young, who will provide a statement shortly.

Yesterday afternoon, detectives obtained a search warrant for the suspect and the suspects residence. At 4:58 p.m., detectives conducted a traffic stop on the vehicle driven by the suspect and the city of Simi Valley. The suspect was detained and until the completion of the search warrant, and he was released at 6:15 p.m. During the detention of the suspect, detectives executed a search warrant of the suspects residents in the city of Moorpark. I cannot comment on the results of that search warrant as the investigation is ongoing.

Investigators have not ruled out the possibility of a hate crime. And this is being investigated as a homicide. Investigator from the sheriff's Major Crimes Bureau and the Thousand Oaks Investigations Bureau are committed to continuing to locate and interview witnesses to the event or an individuals who are present or nearby that might have helpful information to provide. It is our understanding that Mr. Kessler, a U.S. citizen who practices the Jewish faith was at the event supporting Israel. The suspect in this case, is a 50-year-old who resides in Moorpark and was at the intersection advocating for Palestine.

We understand that the war in Israel and Gaza has led to an increase in hateful and threatening rhetoric. And we want to assure the Muslim and Jewish communities that we stand with them both during this difficult time. The Ventura County Sheriff's Office remains committed to protecting the rights and safety of all members of our community, regardless of their race, religion, or ethnicity.

To this end, we have increased patrols around mosques and our Muslim community centers and Jewish houses of worships. We also working closely with our religious leaders in our community to provide support and assistance as needed. The Ventura County Sheriff's Office and law enforcement in general play a critical role in preserving people's fundamental right, to peaceably assemble, and in facilitating demonstrators' safety and security as they exercise their First Amendment rights. The Ventura County Sheriff's Office is requesting assistance from public regarding the ongoing investigation. Anyone who witnessed or has knowledge of the incident or who was present at the demonstration is encouraged to contact our agency. We have provided the media with a release with the contact information for our investigative unit as well as our Press Information Officer team. Those who wish to remain anonymous can certainly do so by contacting Crimestoppers at 1-800- 222-TIPSor 8477. Those who may be in possession of video footage or photographs of this incident can also remain anonymous by using the link we provide added to the media here today.

[13:10:03]

During this time, we urge you to remain calm, peaceful, and patient. We understand that you may have questions and concerns, but we ask that you allow us to conduct our investigation, and we will provide updates as soon as we can. We also ask that you refrain from spreading rumors, or spreading misinformation on social media, or other platforms, as that can not only hinder our investigation, but it can cause unnecessary panic in our community.

In conclusion, I want to reiterate that safety and well-being of our members of our community are the utmost concern to us. We will continue to work tirelessly to ensure that everyone no matter your faith or religion feel safe. We appreciate your cooperation and support during this difficult time.

And now I'd like to introduce the Chief Medical Examiner of Ventura County, Dr. Christopher Young.

CHRISTOPHER YOUNG, CHIEF MEDICAL EXAMINER, VENTURA COUNTY: Good morning. Dr. Young, Chief Medical Examiner for Ventura County. The death investigation is also ongoing. The death of this 69-year-old, Paul Kessler was admitted to Los Robles Regional Medical Center on November 5th, at 15:53 hours. Diagnostic studies at the hospital included a CT scan, which demonstrated intracranial injuries, which included swelling of the brain and hemorrhage surrounding the brain. Mr. Kessler's condition continued to deteriorate and death was pronounced on November 6th, at 1:10 a.m.

An autopsy was performed on the morning of November 6th. The autopsy demonstrated non-lethal injuries to the left side of Mr. Kessler's face. Additional injuries included injury to the back of the head. These injuries are consistent with and typical of injuries sustained from a fall. Internal injuries also were consistent with a fall which included skull fractures, swelling of the brain, and bruising to the brain.

The cause of death has been certified as blunt force head trauma, the manner of death is homicide. The manner of death is a medical legal determination. A manner of death of homicide does not indicate that a crime has been committed. This is a determination is made by the district attorney's office. When a manner of death of homicide is made, it's simply stating that the death occurred at the hands of another person or the actions of another person contributed to the death of a person. Our hearts and our thoughts are with every individual affected by this tragic event. Thank you.

FRYHOFF: Now this time, we will entertain questions understanding that I'm very limited on what I can discuss based on the investigation itself.

UNIDENTIFIED MALE: Why you cannot name of the suspect (INAUDIBLE) --

FRYHOFF: No.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: Does the suspect did for any crime at all?

FRYHOFF: So, the suspect has not been arrested. No arrests have been made related to this incident. And the suspect has not been identified publicly.

UNIDENTIFIED MALE: Sheriff, you mentioned that you want information you want. Well (INAUDIBLE). It's important if we're going to determine a hate crime occurred here, what interactions occurred between Mr. Kessler and the suspect. Can you tell us anything about what witnesses have told you about that interaction?

FRYHOFF: I can just tell you that the information we're getting is conflicting with one another. There was clearly -- clearly an interaction between the two. But what that level of interaction is still unclear. That's why we're asking for any video footage that we can have. The one camera angle that I think you have all seen that's from the Shell station is unfortunately blocked by the message board indicating gas prices. And so, we cannot see that from that angle.

So, we're hoping that somebody has video that can help shed some light on what occurred leading up to Mr. Kessler falling, hitting his head.

(CROSSTALK)

FRYHOFF: Hey, hey, once a follow up question. But.

UNIDENTIFIED MALE: (INAUDIBLE) hit in the head or something?

FRYHOFF: We do not have that confirmed that is something that we're trying to investigate, that it wasn't a statement that had been made. But we did not have confirmation of that at this time.

UNIDENTIFIED MALE: (INAUDIBLE) conflicting reports as to how the fall happened. Why could the medical examiner be made a homicide? It's unclear who the aggressor was.

FRYHOFF: Want to take that?

YOUNG: Sure. So again, the manner of death of homicide doesn't reflect whether or not a crime has been committed. So, it just -- that there's an interaction with another person. So it doesn't, it's not hinging on who's the aggressor. It's just that there another individual was in volved in partially causing death.

(CROSSTALK)

[13:15:06]

UNIDENTIFIED MALE: (INAUDIBLE) the injury in his head was non-lethal. So the lethal injury was the injury to the back of the head, the injury to the face, I should say.

YOUNG: Correct. The injury -- the injuries on the left side of the face were non-lethal. And the lethal injury was the impact of the back of the head from the -- from Mr. Kessler falling and striking and set up the ground.

UNIDENTIFIED MALE: So, is it your belief that this victim was also hit on that caused him to fall? Or was it the hit itself that caused this injury?

YOUNG: Again, this is still under investigation. But there are injuries on the front of the face, which could be consistent with a blow to the face.

UNIDENTIFIED MALE: So, to the sheriff (INAUDIBLE). When you talk about it blow, that would cause an individual to fall. Is it your contention that the suspect struck the victim and that caused him to fall?

FRYHOFF: It's my contention that we still don't know that. My contention is that we're still waiting to see evidence of what occurred in that interaction. And whether or not there was a blow to the face that caused the fall. Or if the -- if Mr. Kessler fell, without that being the precipitating event.

UNIDENTIFIED MALE: Sheriff, (INAUDIBLE) --

UNIDENTIFIED FEMALE: Sheriff, you mentioned increased patrols around houses of worship. Does this incident change or safety and control measures of demonstrations, regardless of the size?

FRYHOFF: No. So, we are not changing our protocol. What we do right now is we evaluate every protest on their own merit to determine what is -- what we think that threat level is. And then based on that threat level, we determine what resources if any, need to be there. It's very clear that sometimes when law enforcement does arrive on scene, that we can be a catalyst for additional aggression.

And so, we try and limit our presence. But if there's already aggression being displayed, that we want to be there to make sure that people are peaceful -- peacefully protesting.

And this event, 15 minutes prior to this confrontation, our thousands (ph) of police chief had driven through the area, there was about 30 people present when he had left, there was no indication of impending violence, and so no additional resources were needed. Our patrol staff had been made aware of this protest, and we're driving through frequently to just keep an eye on what was happening. This event was not preventable. UNIDENTIFIED MALE: And suspect you were indicating has been as cooperative as you were (INAUDIBLE) could be under the circumstances?

FRYHOFF: It's my understanding that he answered the questions when he was contacted at the scene. I don't know the vetting of all those questions that he answered. But at least -- he really stayed behind and -- (CROSSTALK)

UNIDENTIFIED MALE: Sir, (INAUDIBLE) it was detained. Is that cooperative or (INAUDIBLE).

FRYHOFF: Yes. To my understanding, yes, cooperative.

UNIDENTIFIED FEMALE: (INAUDIBLE) that happen?

FRYHOFF: I'm not at liberty to discuss that this time.

UNIDENTIFIED MALE: (INAUDIBLE).

FRYHOFF: We're conducting a thorough investigation, we want to make sure we have all the evidence that we need to if we're going to prosecute somebody.

UNIDENTIFIED MALE: (INAUDIBLE)?

FRYHOFF: We've identified them as assessment because as of right now, he's the only one that we have information on that may have been involved in in interaction with our victim. That does not mean there's not others. We're waiting for that information to come out from our residents who were there or any other people who were present. And if they have video of that to indicate there was more than one person involved, we definitely want that information as well.

(CROSSTALK)

UNIDENTIFIED MALE: Sheriff, (INAUDIBLE) may have reported on his cell phone the interaction, or actually or as it was unfolding. Do you have information on that?

FRYHOFF: I don't have that information this time.

(CROSSTALK)

FRYHOFF: It's my understanding our investigators are working on that. And I don't have that information to disclose at this time.

UNIDENTIFIED MALE: Sheriff, and what (INAUDIBLE) the two groups who are on opposite sides of the street. Do they intermingle at one point or how did they (INAUDIBLE)?

FRYHOFF: To be honest, I don't know that information, either. I don't know if the was one corner or two corners that were occupied by one group, or if they were all commingle the entire time, we don't have that information. UNIDENTIFIED FEMALE: Can you talk a little bit about what that corner has been like or there have been previous rallies or demonstrations there? And just give a little bit of color about what that's been like, the past few weeks, and previously. Because what I understand that was a place for Trump rallies and other sorts of political demonstrations.

FRYHOFF: Yes, because of the volume of traffic that's at that intersection, it tends to be a fairly popular intersection to have protests of any number of things. For this conflict that we're facing right now, there have been three prior events at this location in Thousand -- Thousand Oaks, two at the location. This was -- this event would have been the third one at that intersection. We've had 21 protests countywide since October 7th. This was the only one so far that has had some type of violent encounter at all.

UNIDENTIFIED FEMALE: (INAUDIBLE) permits where?

FRYHOFF: There's no permits required. This is a First Amendment protected activity. And oftentimes our protesters use the crosswalk to make their voices heard and be seen. And so, when you ask about if they're intermingling between sides, they're using their crosswalk to be seen and so that that interaction is likely to occur.

UNIDENTIFIED FEMALE: Sheriff, have any point did you recover a megaphone from the suspect?

FRYHOFF: Do we recover what?

UNIDENTIFIED FEMALE: A megaphone, (INAUDIBLE).

FRYHOFF: Oh, I don't have information on that. I apologize.

UNIDENTIFIED MALE: Any prior to the suspect.

FRYHOFF: I'm not at liberty to discuss this time.

UNIDENTIFIED MALE: And were there any other confrontations or disturbances between the two groups beyond the normal yelling against each other?

FRYHOFF: I don't have any information about any other conflict other than one group who was pro -- pro-Israel and one who was pro- Palestine.

[13:20:05]

UNIDENTIFIED MALE: (INAUDIBLE) physical confrontation.

FRYHOFF: No, we don't have any indication that we have there's any been -- any prior physical confrontations between anyone. And as far as both of the organizations that were having their events out there, publicly stated on their social media was to have peaceful protests and to not engage in counter protests.

(CROSSTALK) UNIDENTIFIED FEMALE: And (INAUDIBLE) do they know each other in the area that (INAUDIBLE).

FRYHOFF: I don't have information that they've met before, if they knew each other prior.

(CROSSTALK)

UNIDENTIFIED MALE: (INAUDIBLE) if in fact, the suspect was carrying a megaphone, or if the megaphone was used to strike the victim.

FRYHOFF: I don't know -- I don't have that information at this time.

UNIDENTIFIED MALE: Do you heard --

FRYHOFF: I've heard that, I've heard that. And I think the medical examiner has said that the injuries on the face could have been caused by a megaphone. But I don't have the information on what he had on him at the time.

(CROSSTALK)

UNIDENTIFIED FEMALE: (INAUDIBLE) the relative size of the two groups I mean, was there one side that was significantly larger? Some of the videos shown that there's like, the more pro-Palestine protesters and demonstrators.

FRYHOFF: I don't have that information. I apologize.

UNIDENTIFIED MALE: Sheriff, how much information was the victim able to share with you from the hospital?

FRYHOFF: I'm not at liberty to discuss the that part of the investigation at this time.

UNIDENTIFIED MALE: Was able to walk you through what happened (INAUDIBLE).

FRYHOFF: I don't have that information this time.

UNIDENTIFIED MALE: All right, we'll take two more questions. And then we're going to wrap. Two more questions.

(CROSSTALK)

UNIDENTIFIED FEMALE: Sheriff, do you have any information on (INAUDIBLE)?

FRYHOFF: No, we do not.

UNIDENTIFIED FEMALE: Sheriff, you mentioned that --

UNIDENTIFIED MALE: Last question.

UNIDENTIFIED FEMALE: -- you allocate resources based on an assessment of the threat level. And had you made an assessment prior to this and how is that assessed?

FRYHOFF: Yes, so this assessment was done. We reviewed it and like I said, everything on social media was this was going to be a peaceful protest, even though we're going to have opposing sides, but we had not had any issues previously, there wasn't any indication that this was anything more than that.

So, our presence was simply having our patrol officers drive by and monitoring it. And like I said, our chief drove by because he was aware of it as well, just to make sure that it wasn't turning into something that required more attention.

Thank you all for coming. Appreciate it.

SANCHEZ: We've been listening to the sheriff of Ventura County, California along with a medical examiner there, giving us details about the death of Paul Kessler, a 69-year-old Jewish man who was killed during a demonstration over the weekend. We understand that Kessler went to a demonstration where there were both pro-Israel and pro-Palestine protesters. At that demonstration, there was apparently a confrontation with a 50-year-old pro-Palestine demonstrator, and now unclear exactly what happened during their confrontation. But Kessler fell to the ground at one point. Officials say a blow to the back of his head ultimately cost him his life.

That incident now being investigated as a homicide, with officials not ruling out the possibility that this was a hate crime. We understand that the suspect remained on the scene after this happened. He was cooperative with officials, he actually helped to contact first responders to get to the scene. Officials took interviews with several witnesses that were there. Some of the statements were conflicting, and that's why officials right now don't have a clear picture as to exactly what happened between Kessler and that 50-year-old pro- Palestine demonstrator. However, they're asking for the public's help to get information. They revealed that there was a security camera at a gas station near the scene, but apparently, part of the footage was blocked.

So, they're still trying to figure out exactly what happened. Of course, we're going to keep an eye on this story and bring you the very latest as we get it.

Turning now to the situation in the Middle East that has precipitated these kinds of demonstrations across the country. We're learning new details about Israel's potential long-term plans one month into this deadly war.

Prime Minister Benjamin Netanyahu says that Israel is aiming to control Gaza security indefinitely.

And should it be a crime for people under domestic violence restraining orders to have guns? We have more on a key case the Supreme Court is hearing today, when we come back.

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[13:28:02]

SANCHEZ: Welcome back to "News Central."

Here in the United States, it is election day. One that could have major implications for 2024. For Democrats, there's concern that President Biden may be a drag on the party. While Republicans are concerned the issue of abortion may again dim their chances as it did during the midterms last year.

Abortion is front and center in the biggest races today including in Ohio where voters are going to decide whether abortion rights should be enshrined in the state's constitution.

In Virginia, Republican Governor Glenn Youngkin is hoping his campaign to tilt the state legislature toward Republicans will pave the way for his 15-week limit on abortions.

Meantime, in Deep Red Kentucky, Democratic Governor Andy Beshear is framing himself as the only thing standing in the way of harsher abortion restrictions there.

Let's start in Virginia with CNN, Sunlen Serfaty. And Sunlen, unlike a lot of Republicans, Governor Youngkin he's not shying away from the issue of abortion.

SUNLEN SERFATY, CNN WASHINGTON CORRESPONDENT: That's right, not at all. The governor has really leaned into making and keeping this issue of abortion really front and center for this campaign. The governor of course himself, he's not on the ballot. But he has been heavily involved his political operation. They've invested considerable time, money resources all around this messaging around the governor's abortion plan.

And his plan is pushing for a 15-week ban on abortions, with exceptions for rape and incest and life with a mother. And he's really that, of course is notable that that is much stricter than the current ban in place at 26 weeks with some exceptions. And we've seen really Youngkin lead into this argument trying to frame it on the campaign trail that this is the consensus solution, of course, on a very tough election year issue for Republicans and Democrats.

Here's him on the campaign trail earlier today.

(BEGIN VIDEO CLIP)

GOV. GLENN YOUNGKIN (R-VA): We've been very, very clear about I think one of the tough topics in Virginia in America, which is abortion. And what the other side has been saying it's simply not true. We're very clear.

I will support one bill, one bill that will protect life at 15 weeks, a bill that will have exceptions for rape and incent, and when the life of the mother is at risk.