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DOJ Report: Law Enforcement Response To Uvalde "A Failure"; L.A. Innocence Project Takes On Scott Peterson Murder Case; Japan Checking Status Of Unmanned Spacecraft That Just Landed On The Moon. Aired 11:30a-12p ET

Aired January 19, 2024 - 11:30   ET

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

[11:30:00]

(COMMERCIAL BREAK)

KATE BOLDUAN, CNN ANCHOR: A cascading failure of leadership to say the least. That is a major finding in the Department of Justice's report on the Uvalde School tragedy. The final report, 575 pages long, detailing how law enforcement failed to respond to the immediate threat, and continued to fail the victims and their families in the hours and days after.

77 minutes. That is how long it took law enforcement to stop the massacre after the first call to 911. 77 minutes that left 19 children and two teachers dead.

Now, earlier in the show, Sara spoke to the uncle of 9-year-old Jackie Cazarez, one of the students killed that day. And he said this report will help fuel their fight for justice.

(BEGIN VIDEO CLIP)

JESSE RIZO, UNCLE OF UVALDE VICTIM JACKIE CAZAREZ: We're not going to go anywhere. They're -- we're going to stay here until charges are filed that they get indicted. And that we hold them accountable for that because their failure led to somebody else's death. So, it encourages us to continue fighting for the truth, to continue fighting for transparency, and to continue fighting for justice.

(END VIDEO CLIP)

BOLDUAN: We are joined now by a Democratic Texas State Senator who represents Uvalde, Roland Gutierrez. He's also running in the Democratic primary for the U.S. Senate seat currently held by Senator Ted Cruz.

Senator, thank you for coming in. The report is horrifying and just truly saddening. What do you think the impact of it will be?

ROLAND GUTIERREZ, DEMOCRATIC STATE SENATOR, TEXAS: Well, Kate, there wasn't a whole lot of new in the report. But it's nice to finally see it in black and white. Matter of fact, your network had broken a lot of the stories. A lot of the things that were said in this report. It's important that we as Americans understand that this horror happened. It happened in my backyard down the road from my home. It's something that these poor families will have to relive for the rest of their lives.

These children were -- or just mutilated. And these police did absolutely nothing. Nothing because they were afraid of this gun.

They were afraid of this rifle. This AR-15. Over and over, they said that they were hamstrung by their fear.

Politicians need to stop being cowards. They need to see the videos that I've seen. They need to see what this gun does. Politicians like Ted Cruz and others need to fully and finally pass an assault weapons ban in this country so that we do not see this happen again to another child.

BOLDUAN: I want to ask you --

GUTIERREZ: These families won't stop until they have some justice.

BOLDUAN: That's what they say. Now, the Justice Department official who led the investigation was on CNN earlier today. And she called what she saw an unimaginable failure. Listen to this.

[11:35:04]

(BEGIN VIDEO CLIP)

VANITA GUPTA, ASSOCIATE ATTORNEY GENERAL: And so, to see that unimaginable failure then continue on, even past the time that the shooter was killed by law enforcement, you know, that the crime scene contamination, the fact that families weren't told, you know, for hours in some cases whether their child was alive or dead. At one point, families were told that a school bus of survivors was still -- there was one more bus that would come. That bus never came. There was no bus.

So, the trauma and the pain wasn't just in what happened in the school itself but it continued on for hours and in fact days later. And, you know, our point in doing this report, Phil, has been both to make sure that we can actually learn lessons here, that law enforcement can learn what happened in Uvalde to make sure something like this never happens ever again.

(END VIDEO CLIP)

BOLDUAN: Senator, are you confident today that this wouldn't happen again in Uvalde?

GUTIERREZ: Kate, I'm not confident because I've seen no change by policymakers in Texas. We filed 21 bills to create change. These Republicans that control this state have refused to do anything on common sense gun solutions.

They've done very little. There has been no accountability at the Department of Public Safety. Now, they gave Steve McCraw a $50,000 raise after this.

We are lost on these issues in Texas, and it's not going to be until these cowards open their eyes. When are they going to stop -- when are we going to stop seeing more children die like this? It's horrendous what's happening.

And these Republicans have no end to their madness, and they do not want to fix these issues. Nothing has been done to keep this from happening again.

BOLDUAN: Hyper locally, if you will. The attorney general, he spoke -- Merrick Garland, he spoke to CNN about this. And he told my colleague, Evan Perez, the community now has the report necessary to make sure accountability occurs. The families want to see police face charges. They have wanted this for a very long time.

With this report in hand, do you think they will see charges?

GUTIERREZ: Kate, this district attorney has had this case for 20 months. There's been nothing new. There's no smoking gun.

The shooter is dead. There's no accomplices. there's no nothing. Cops should have been indicted a long time ago for failure to render aid, for possibly criminal negligent homicide. So many different things -- so many different things.

For 77 minutes, those kids waited. Five children, five bodies, including one, who was Eva Mireles, came out with a pulse. Four of them succumbed. Eva Mireles sat there in an ambulance because they couldn't get that ambulance out of the parking lot because the arterial streets were covered with cop cars.

The bus that they took had to jump curbs in sidewalks, go through a playground, to finally be able to access the street to make it to the hospital. The errors that occurred were many. It wasn't just against the local cops, the local police chief, and the sheriff. We need to look at the Department of Public Safety and their head officers that were there on the scene that absolutely did nothing to safeguard these children.

BOLDUAN: My colleague, Shimon Prokupecz, has done so much reporting on this. He's been on the ground for so -- for a long period of time trying to bring a lot of this to light. And he's talked about how this whole tragedy and the failure afterward has divided the community.

What do you think it will take to help them heal, to bring the community back together?

GUTIERREZ: You know, Kate, it's a real -- it is a problem. Shimon is correct. The community is divided. And you have a district attorney that's not helping because she's got to pull this band-aid off, and she's got to go after the people she has to go after. She refuses to do so.

Because I think that in order to do so, she also has to go after the Department of Public Safety, a few Texas rangers, and a few other people. And I don't think that she is ready for that in this community. But at some point, you have to bring justice and you have to send this message because it's the only way you're ever going to have accountability. It's the only way you're ever going to create change.

And so far, we have had zero accountability. Other than Pete Arredondo, no officers have been fired. The Department of Public Safety has lied to us. They said they fired one. He retired.

The Texas ranger, he has -- he's still getting paid. He's making $100,000 just to sit on his couch. Zero accountability.

And the same -- I'd like to end with this. Shimon uncovered a memo from the Department of Public Safety, from the head of the department, Steve McCraw, who told his people, relax, no one's going to get fired from this. Imagine that. That's the world we're living here in Texas.

[11:40:10]

BOLDUAN: What is in those 575 pages, even though it might not be a surprise to you is something that everyone beyond Uvalde showed if they have an opportunity take -- to look through because it really is horrifying. State Senator, thank you for coming on. John?

GUTIERREZ: Thank you, Kate. Thank you, John.

JOHN BERMAN, CNN ANCHOR: All right. A push for new evidence in the Scott Peterson murder case that might possibly exonerate him. And Dr. Sanjay Gupta with today's chasing life.

(BEGIN VIDEOTAPE)

SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Hey there, I'm Dr. Sanjay Gupta, host of "CNN's CHASING LIFE" podcast. Happy 2024.

Many of us are likely to have made New Year's resolutions. But here's the thing. Nearly, two-thirds of us will break those goals by the end of January.

So, I wanted to give you some tips to help you stick to your resolution. First of all, make a cue-based plan. Meaning, add specific details like where and when.

Instead of telling yourself I'm going to work out more, say I'm going to go for a run every day at 5:30. This sort of detailed planning helps you avoid obstacles and helps you remember when to act on your resolution.

Second of all, consider a penalty. Data from one study at Washington University in St. Louis shows that penalties can be two to three times more motivating than rewards. Make a deal with a family member to hold yourself accountable.

And finally, number three. Make it fun. Make it pleasurable. I'll go for a run in my favorite park because I enjoy the scenery. We're more likely to stick to our goals if we enjoy the pursuit of them. And you can hear more about how to optimize your health and chase life wherever you get your podcast.

(END VIDEOTAPE)

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[11:46:26]

SARA SIDNER, CNN ANCHOR: This morning, the Los Angeles Innocence Project is taking on the conviction of Scott Peterson who was found guilty in one of the most high-profile murder cases of the early 2000s. I certainly remember it having lived in California. He was convicted of killing his pregnant wife, Laci Peterson, and their unborn son and sentenced to death in 2004.

That sentence, however, was overturned by the California Supreme Court in 2020. The L.A. Innocence Project argues key evidence was withheld from his first trial. For more on this, I'm joined by our Jean Casarez and criminologist and attorney Casey Jordan.

Jean, I just want to start with you because it has been, you know, 20 years. Remind us of this case. I mean, it had captured the entire country's attention for a very long time.

JEAN CASAREZ, CNN CORRESPONDENT: I was there too. And I was at the courthouse for the sentencing of the death penalty. And there were just hundreds of people that just wanted to be there.

But this all started in 2002 when Laci Peterson, the wife of Scott Peterson, she was eight months pregnant going to give birth right after the first part of the year. And December 24, Scott said that at 9:30 in the morning, that was about the last time he saw her, he left. She was going to walk the dog. No one ever saw her walking the dog that at least testified at trial.

But he decided he was going to go fishing on December 24. So, he got his boat. He went out into the San Francisco Bay. Wasn't there very long, according to the forensics at trial.

Came back. Went to the house. She wasn't there. So, he then reported her in time to -- that she was missing.

Well, months later, in April, her body -- her remains washed up on the San Francisco Bay. A day later, Conner's remains, of her unborn child, washed up. And it was two miles away from where Scott Peterson had gone fishing.

I got to mention an important witness, Amber Frey. She was the star witness for the prosecution because in November of that year, she had started dating him.

SIDNER: Right.

CASAREZ: And she asked him, are you married? He said, no. My wife died.

SIDNER: Right.

CASAREZ: I'm single. And one month later, Laci went missing. Well, now because of a habeas corpus petition, the Innocence Project to fund it has taken it on board. And they are now asking for DNA testing of, here's just some of the items.

A 15.5-inch length of duct tape that was recovered from Laci Peterson's pants from the remains that washed up. 50 inches of long tape and twine tied in a bow around the neck of Conner. But remember, she was eight months pregnant when she went missing.

A target bag from where the remains were found, duct tape, a tarp from where the remains were found. So, they say that either of these items were never tested, so you have brand new testing that is needed.

SIDNER: That's a lot of evidence.

CASAREZ: Or the sophistication of DNA wasn't to the point. Gloria Allred represented Amber Frey and she gave CNN a statement saying that he has every right to do this. But that conviction, that life in prison without any possibility of parole still stands at this point.

SIDNER: I want to get to you, Casey, on why you think this is happening now after all of these years. And there has always been discussion. But in the end, the jury found Scott Peterson guilty, guilty, guilty.

CASEY JORDAN, ATTORNEY: Correct. And we need to keep in mind that what happened last year was that he was -- the possibility of him actually receiving the death penalty was removed based on some due process issues with regard to the jury that was picked for the death penalty phase. But the real issue going on here with all of this is really why is the Innocence Project doing this after 20 years.

[11:50:05]

And it's a little concerning that you know, they pick this high- profile case where I think, you know, Jean covered it. I covered it. Really, in the court of public opinion, everyone believes that he is factually guilty.

And the Innocence Project does look to exonerate people who are factually guilty, but also who had been wrongfully convicted based on due process issues. And these things are apples and oranges. A not guilty finding doesn't mean that somebody is factually innocent.

I do think that the DNA evidence is important. But I also want to remind everybody that the bodies were found in water. And one of the things that they're looking for is DNA on a mattress found in a burned-out van by the Modesto Airport.

If that DNA evidence on the mattress in that burned-out van came back to be Laci's, now, that would make me sit up and pay attention. But I also think that most of the DNA reprocessing will be inconclusive. And the key is that that doesn't really mean anyone's factually guilty.

It just means that it's inconclusive. Depending on what happens next, and if new trial were ordered, and new jurors were picked, inconclusive evidence could be used to make somebody think that he is not guilty. But I think it will be always a question in our mind as to whether that means he's factually innocent.

SIDNER: Yes. I mean, the legal ramifications of this can be different from potentially what happened. But you have to have the evidence. And if evidence shows something different, our laws say that you have to examine them. I'm curious, from you, Jean, what happens now?

CASAREZ: Well, now they're going to go to the appellate court to ask for this retesting. They're also asking for other items like a Croton watch, and a burglary report, and other things like that. But remember, the defense at the time of trial, they had the opportunity to have things tested.

SIDNER: That's right.

CASAREZ: And so, this has to be new. This has to be something that the defense didn't know about. They weren't able to test.

They're also looking at the sophistication now of DNA. But there are parameters. You can't just start from scratch.

SIDNER: That's right. You can't just throw something out there that nobody knew anything about. And so, we'll have to keep watching this case.

It's just it is quite shocking. This has come up now all these years -- decades later. Jean Casares, Casey Jordan, thank you both for bringing this story to us. Appreciate it. Kate?

BOLDUAN: News from the moon. The latest attempt to land on the moon wrapped up moments ago. But there are still questions about how successful it was.

(COMMERCIAL BREAK)

[11:57:17]

SIDNER: Just in. Japanese authorities now checking on the status of their moon sniper robotic explorer as it did touchdown on the lunar surface in the last hour. They'll provide updates just in a bit. Let's get to CNN's Kristin Fisher. It appears the moon sniper did land but not in the Sea of Tranquility, somewhere else.

KRISTIN FISHER, CNN SPACE & DEFENSE CORRESPONDENT: Correct. It's called the Sea of Nectar, Sara. And what we know is that this spacecraft called SLIM, which is short for the smart lander for investigating the moon. It has touched down on the surface of the moon.

But the big question is, what kind of condition is it in? The spacecraft is communicating with the ground specifically Japan Space Agency or JAXA. But did the spacecraft perhaps tip over, rollover, or worst-case scenario, did it completely crash into the surface of the moon?

We just don't know yet. And we're awaiting a press conference from JAXA, the Japanese Space Agency any minute now where hopefully we will get some answers. And so, it's really too soon to say -- excuse me if this was a success or a failure. Because you know, what is the success?

If you land on the moon, that is a pretty big feat in and of itself. But then if you tip over and you can't perform some of the scientific observations that you were hoping for it to perform, does that still constitute a success? So, a lot of questions here.

But, Sara, if successful, this will be such a huge deal for Japan and its space agency because it will become only the fifth country in the history of the world to land on the surface of the Moon successfully. And only the third country this century. Only China and India have done it.

It's been more than 50 years since the U.S. has done it which was back in 1972 at the end of the Apollo program. So, really a momentous moment for Japan Space Agency. Everybody's really holding their breath, waiting to see what is going to happen.

And you know, in addition to these historic firsts potentially, this rover called the Moon Sniper is demonstrating this really cool pinpoint technology, trying to land in an area just the size of a football field. You compare that to previous landers, their target landing site was several kilometers, even miles long. So, if successful, not just a historic first for Japan, but also a really impressive step forward in terms of the types of technology for these kinds of lunar landers, guys.

BERMAN: So, let me get this right. The Moon sniper right now is in the Sea of Nectar which to me sounds like something that is some Greek myth where there are like our sea nymphs there, like tempting the moon sniper, come to us, moon sniper. Come. Come over here. What's going on there?

[12:00:03]

(CROSSTALK)

FISHER: I love what Kate said earlier about it being an all-inclusive. I don't know, guys. I didn't come up with the names, OK? Just the Sea of Nectar --

(CROSSTALK)

BOLDUAN: John blames you.

BERMAN: It sounds lovely. Kristin Fisher, thank you very much for this. Keep us posted.

(CROSSTALK) SIDNER: No, but we didn't pick out a place for glamping. Just FYI.

BERMAN: No, I --

SIDNER: You got it sort of.

BERMAN: "INSIDE POLITICS" better start right now.