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Luigi Mangione's lawyer starts building his case. Man in U.S. illegally burns woman to death on subway. Luther Vandross special airs on New Year's Day. Austin Tice's family hoping for a Christmas miracle. Peruvian policeman dresses as Grinch during a drug bust. Mega Millions winner claims prize nine months after winning. First-ever Hallmark Christmas cruise. Aired 9:30-10a ET

Aired December 24, 2024 - 09:30   ET

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

NICK ACKERMAN, FORMER ASSISTANT U.S. ATTORNEY FOR NEW YORK SOUTHERN DISTRICT: Thank you.

KATE BOLDUAN, CNN ANCHOR: You heard the prosecutor there in court say he's never seen a case with such volume, in terms of the evidence. You say that based on the evidence in this case, it's not likely to go to a trial. What leads you to that?

ACKERMAN: Well, I just think it's - there's no question about his liability here, that he did it. They've got him coming into New York. They've got almost every step he took, including the actual murder, on tape. There's no way he gets out from under the fact that he can' claim innocence based on the facts.

BOLDUAN: So then, the work ahead for his defense team is a big question, right?

ACKERMAN: It is a big - yes.

BOLDUAN: Like it begins - it already began. But from this point after - the after the not-guilty plea, not unexpected, of course, what does this work for them look like. What are the options then? If it's not you can't deny that he didn't - that he did, what then?

ACKERMAN: Well, I think the only real defense that you can possibly have here is some kind of insanity or mental defect defense. And I've had this before. I mean, I'm a defense lawyer too. And what you have to do is really dig in deeply, talk to the family members, try and find out what that medical history was that we heard about. How did that impact him? Is there anything out there would give you some kind of a hook on the defense? I mean, in some ways this case was very much like the Hinckley case with Ronald Reagan.

Hinkley tried to assassinate Ronald Reagan. Ultimately, it went to trial on a insanity defense and won on that defense, in the sense that he was put away for the rest of his life essentially. But that's kind of what we're looking at here. Certainly, an insanity defense would protect him from any kind of death penalty in the federal action. But that is really a huge job. And I've had this happen before. What looks like something that is an

open and shut case isn't always what it looks like. I had an individual who was a prominent lawyer, who hadn't filed his tax returns for 10 years. It looked like he was absolutely a goner. But once I dug into it and found out that he had issues going back to his college days when he had a concussion on his brain that caused his left lobe to shrink, which led to him not being able to accomplish certain things later in life, going from spot A to B, which also then led to the IRS and the U.S. Attorney's Office dropping the case.

So, you never know. It really gets down to looking at what's out there, consulting with doctors and trying to determine whether there really is any kind of defense here.

BOLDUAN: And also, I mean, you know, speaking from someone who is not an attorney, also leads to when you have a good attorney who can build a good case is also part of - part of this, speaking to your abilities as well as Karen Agnifilo's. Because if you have an accomplished attorney -

ACKERMAN: Right.

BOLDUAN: -- who can help build that defense then you're better off.

Karen Agnifilo beginning to kind of lay the groundwork, saying she is concerned that he can get a fair trial because of the publicity that his capturer and since has gotten in New York, as you heard in Kara Scannell's piece -

ACKERMAN: Sure.

BOLDUAN: -- her reporting on that. What do you think of that?

ACKERMAN: I don't think much of it. The bottom line is that at the trial there will be a voir dire of the jury. All of the jurors will be questioned extensively about any prejudices they have, anything that they know about the case. And each side will have the opportunity to have challenges, to bring challenges up to the judge. This happened in the Trump case. It only took two days to pick a jury. I mean, there couldn't have been any more publicity in any other case.

BOLDUAN: And there was a lot of talk about can he get a fair trial leading up to it, right?

ACKERMAN: That's right.

BOLDUAN: They're like -

ACKERMAN: That was exactly the talk that was out there. And they were able to pick a jury in a couple days. So, I don't see that being any different here.

BOLDUAN: His demeanor yesterday, unemotional, you could see him actually smile at points in the courtroom. That is walking, you know, you seek kind of a split screen here, we're putting on the left side is what I would I say is the far cry from what we saw in Pennsylvania, is the left side of your screen, when he had that outburst and he was ranting at cameras when he saw them going into the courthouse in Pennsylvania.

And then you see on the right side, Mangione heading into the courtroom after he has secured this attorney Karen Agnifilo.

Is this the work of Karen Agnifilo? What his attorney - what is his attorney telling him?

ACKERMAN: Well, certainly, if you're the attorney you're going to tell him to cool it as much as he can. Be respectful to the court. Not say anything. Act normally as best you can. But again, we don't really know much about this individual -

BOLDUAN: Right.

ACKERMAN: -- other than he has a stellar background and there is a lot of weird things that happened over a six-month period that we cannot explain.

BOLDUAN: And that's where - that's the work that now is underway on both sides of this case is for sure.

ACKERMAN: Correct.

BOLDUAN: It's good to see you, Nick. Thank you so much for coming in. Really appreciate it.

ACKERMAN: Thank you and Merry Christmas.

BOLDUAN: Well, thank you. Happy Holidays my friend.

We also have new details this morning on that horrific attack inside a New York subway. What we've learned now about the man who's now accused of murder after setting a woman on fire while it's believed she was asleep.

And one particular Grinch hates Christmas, maybe even hates criminals more. But that character has to do with a police plot to take down drug dealers.

(COMMERCIAL BREAK)

(09:39:11)

SARA SIDNER, CNN ANCHOR: As soon as this morning, the suspect accused in a brutal burning death on a New York subway could be arraigned.

We are learning new details about the man charged overnight with murder and arson. That is a video of him coming out of the police department there. Police say he was in the United States illegally, possibly for years. He was likely homeless, just like the woman he's accused of lighting on fire as she slept on a subway car.

CNN's Gloria Pazmino is here with me now.

The images are just stunningly awful. What more are we learning about this case?

GLORIA PAZMINO, CNN CORRESPONDENT: Yeah, Sara, a really disturbing crime with some really graphic and upsetting set of details. We're learning more about the suspect. His name is Sebastian Zapeta-Calil. He's 33-years-old and, as you said, he entered the United States in 2018. He was here for just a couple of days.

He was deported back to his home country of Guatemala. Then he actually made his way back into the country at an unknown date, control - Customs and Border Patrol Enforcement does not have the exact date of when he made it back into the country. And eventually to the north up here to New York City.

But I have also just learned in the last minutes that the suspect was hospitalized overnight and that is the reason why we don't have much news just yet about why he has not been arraigned. We know he's been in custody since the incident happened. He was apprehended late on Sunday. The incident took place early Sunday morning.

And we know that he's going to be charged with murder in the first degree. But this last - in the last two minutes I just got off the phone and now I've learned that he was actually hospitalized. I'm waiting to learn exactly why, what happened to him and why he's been getting medical attention. But that's what's holding up the arraignment.

Now, he's expected to face this murder one charge, murder two, as well as the arson charge. We're also waiting to learn more about this victim. As you said, police believe that she too was homeless. People usually take shelter in the subway when it's very cold at night like it was that day. And the suspect here also believed to be homeless. He was in and out of several shelters in the city.

Now Sara, this has gotten a lot of attention, not just because of the horrific details of the crime, but also because these very high- profile incidents bring a lot of attention to an issue -

SIDNER: Sleeping on the subway.

PAZMINO: Exactly. And issue that is ongoing here in New York City, public safety. The fact is that public safety on this system is actually a little bit better. It has gotten better in the last few months.

And certainly, since the pandemic, when it was not doing very well and ridership was a record low. So, we're at 10 percent decease now, since a safety plan announced by Governor Kathy Hochul was put into place, and overall an improvement. But these high-profile incidents really bring a lot of attention to an issue that's still ongoing.

SIDNER: A lot of attention and a lot of fear. But you do see the numbers -

PAZMINO: Yes.

SIDNER: -- all of them down. Still, it was a horrific, horrific crime.

Thank you so much Gloria Pazmino for walking us through the new details there.

Kate?

BOLDUAN: Coming up for us, holiday Hallmark movies, of course, they are what helps define this time of year for so many. If that includes you, we have just the thing. Four friends take an inaugural Hallmark Christmas cruise together and hilarity ensues.

But first, a preview of the new CNN film "Luther: Never Too Much" that premiers on New Year's Day.

(BEGIN VIDEO CLIP)

MARIAH CAREY; SINGER: You only come across an artist like Luther Vandross once in a lifetime.

UNKNOWN: Luther said I have a sound in my head, I got to get it out. So we went in the studio, says, okay, it goes, boom, boom, boom, boom. I said this is a quirky little baseline.

(SINGING)

LUTHER VANDROSS, SINGER AND SONGWRITER: The most exciting time in the world. My head and my heart was immersed in this business.

UNKNOWN: His life had some extremely joyful moments.

JOHNNY CARSON, COMEDIAN AND TALK SHOW HOST: Four albums and all of them platinum.

UNKNOWN: And some really difficult moments.

UNKNOWN: He would say God has given me everything I asked for except one person who loves me.

VANDROSS: I keep getting the feeling that the best part of my career is still ahead of me.

UNKNOWN: If we would be able to talk to Luther as fans, we would -

(SINGING)

UNKNOWN: We just love you.

UNKNOWN: "Luther: Never Too Much," New Year's Day on CNN.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[09:48:06] BOLDUAN: A new message this morning from the family of Austin Tice, as they hold onto hope that the missing American journalist will soon be found in Syria. He was kidnapped in Syria in 2012, and 16 days ago rebels overthrew the Assad regime there. Bachar al-Assad fled the country and his brutal reign came to an end. And with that, thousands of civilians wrongfully imprisoned were freed from jails across the country. So far though, no sign of Austin Tice.

His sister and brother joined us last hour and shared this with Sara.

(BEGIN VIDEO CLIP)

MEGAN TICE MALONE, SISTER OF HOSTAGE AUSTIN TICE: We're not chasing a white rabbit. We know that he is alive. We know that he is well. You know, his exact location is something that can change at any given moment. It's been weighing so heavily on my heart, on all of us, I think, to be so close for this many weeks now. You know, we really feel like this is a window of opportunity and windows don't stay open forever.

I am just really still hoping and praying for a Christmas miracle.

(END VIDEO CLIP)

BOLDUAN: Absolutely.

Also this, we're watching today, a Peruvian police officer got into the Christmas spirit, or maybe better said, utilized the Christmas spirit to fight crime. Dressing up as the Grinch to lead a drug bust. Here is the scent - oh my God - not seen in the movies.

According to police - the police chief, an officer dressed like the Grinch in order to go unnoticed while mingling in a neighborhood for a Christmas event and then led to this. A true-life drug bust. The Grinch taking a sledgehammer to a door and handcuffed several suspects. Hard to do with those furry paws but he did it.

Three people were arrested in the - aren't they paws - in the operation in several types of drugs were seized. And get this, you guys, this is not the first time Peruvian police have used costumes when conducting raids during the holiday season. In 2020, two offices dressed as Santa Claus and an elf and arrested four people in another drug raid.

People are going to be really suspect if people in costumes around the holiday season in Peru from now on. But still, good job. Whoa, look at those drugs.

Keep your eye on the prize, on the Grinch.

Here's a prize for you, nearly nine months after hitting a Mega Millions jackpot worth more than $1 billion, the winner has finally come forward. New Jersey lottery officials say the winning ticket was sold at a ShopRite supermarket in March.

Here is the catch, we still don't know who the big winner is because he or she has chosen to remain anonymous, taking the lump sum cash prize of $537 million. The next Mega Millions drawing is tonight. The jackpot is up $970 million. And I will not be at work tomorrow.

SIDNER: It is inching toward $1 billion. You won't play until it's $1 billion. That's just -

BOLDUAN: I mean, have some standards.

SIDNER: Speaking of standards, if you're spending your Christmas Eve snuggled under a blanket, watching those Hallmark Christmas movies, where you always know what the end is going to be, this is for you.

Kate, John and I spoke with some ladies onboard one of the inaugural voyages of the Hallmark Christmas cruise this year. And if anything says Hallmark Christmas cruise, it's their matching outfits. Take a look.

BOLDUAN: Hundred percent.

(BEGIN VIDEOTAPE)

UNKNOWN: We are finalists for the fan of the year award.

UNKNOWN: Comes a love story that's a real Christmas game-changer.

UNKNOWN: Oh, yeah, I know who you are.

UNKNOWN: You do?

UNKNOWN: Yeah, the lucky Christmas hat.

UNKNOWN: We only get to the Super Bowl if someone in our family wears the hat on Christmas.

UNKNOWN: Oh, okay.

UNKNOWN: Do you not believe me?

UNKNOWN: I just need to see some of that Christmas magic for myself.

Okay, that's pretty good.

SIDNER: Oh, it's happening. It's that time of year again. John's favorite time, when a woman from a big city moves to a small town and she meets, amazingly, this cute, often wealthy, guy and holiday romance ensues.

It's just like life.

BOLDUAN: There is no cynicism (inaudible). Come on, Sara.

SIDNER: All right, fine, it's Hallmark Christmas movie season, you all. We do need some love in our life.

If you can't get enough of these romantic holiday movies, Hallmark offered a chance at happily ever after with a Christmas cruise, complete with a meet-and-greet with some favorite Hallmark heartthrobs. And we get to talk to several women who just happened to have gotten off that cruise and they are so cruise-ready right now, you will not believe it. We love your outfits.

So, we've got Tracy (ph), from left to right, Rosanne (ph), Laura (ph) and Susan (ph).

Ladies, first of all, how was the cruise?

UNKNOWN: Yes. Great. We're Christmas eyes (ph).

UNKNOWN: It was - it was amazing.

UNKNOWN: We're ready.

UNKNOWN: It truly was amazing. And what's funny is, we signed up for this cruise in July of 2023. So we've been waiting a long time for this cruise.

SIDNER: Wow. Did you mee the man of your dreams?

UNKNOWN: And it was well worth it. And it delivered. Let me tell you. It was unbelievable. Of course, lots of Hallmark hunks. (Inaudible). Yeah.

JOHN BERMAN, CNN ANCHOR: Hallmark hunk, I love that.

UNKNOWN: They were all there.

UNKNOWN: They were all there.

UNKNOWN: Oh yeah.

BOLDUAN: Why didn't you invite me?

UNKNOWN: And not only that, when we were on the cruise they were looking for a new Hallmark hunk to star in an upcoming movie. So they were running all these contests for people on the show.

UNKNOWN: There's a new show called, "Finding Mr. Christmas," and it's a reality show looking for the next Hallmark hunk. And you got to watch it. It's really good. Jonathan Bennett is the host. He was actually our host on the cruise and he did a great job. So we got to see a lot of things that people haven't seen yet on the Hallmark channel.

UNKNOWN: I think John - I think John needs to apply.

UNKNOWN: Yes, John, come on.

BERMAN: I don't know when I have time.

SIDNER: We knew you were going to do that to (inaudible).

BERMAN: I mean, I'm free after 10 o'clock every day. I can be a Hallmark hunk after 10:00. BOLDUAN: You're a CNN hunk.

SIDNER: Okay.

BERMAN: I could.

SIDNER: After -

BOLDUAN: Tell me about what do you guys do on the cruise. Like how is this different from other cruises. And what is - I have a favorite Hallmark movie but is there - do you guys have consensus on your favorite one?

UNKNOWN: Well, there's lots of favorites. We like the "A Heidelberg Holiday." Biltmore, the "Biltmore Christmas" is one our favorites.

UNKNOWN: Very favorites.

UNKNOWN: And then we got to see a new movie that hasn't even aired yet on the Hallmark channel, called, wait, "Three Wise Men and a Boy," and it premiers on the Hallmark channel on -

UNKNOWN: November 30th.

UNKNOWN: -- on 23rd, yes. It is. It's going to be so fun. So we did that. But, I mean, what are the things we did? We did a cook - we did decorated cookies. We saw lots of Hallmark movies. They even had Festive Feud, like Family Feud but Festive Feud with some of the cast members as well as with some of the cruisers that were onboard. We did wine tasting. Hallmark has a line of wines. We got to sample a lot of their wines. And, oh, tell them about the hallways.

SIDNER: The wine's taking over.

UNKNOWN: So special, because everybody decorated their door (inaudible) hang on their doors. And so, it's just super fun. Really, really fun to see everybody and the people-watching was amazing.

UNKNOWN: Yes, it was. And all the outfits because everyone was in pajamas or Christmas outfits like ours, of course.

BERMAN: My question is, if this were -

(CROSSTALK)

UNKNOWN: There it is - that's it. That's the hallway.

BERMAN: That's fantastic. That's awesome. If this were an actual Hallmark special about four friends going on a cruise like this, how would it end?

UNKNOWN: Oh, gosh. We'd all be in love.

UNKNOWN: Yes, all be in love.

UNKNOWN: We'd all be living in a small town. I mean, we would all be just super happy.

UNKNOWN: I would open a retail store or bakery, right?

UNKNOWN: I'd be the doctor. I'd be the cow doctor.

UNKNOWN: Tracy (ph) would be the IT tech person.

UNKNOWN: Yes.

UNKNOWN: So, you know. And Susan (ph) would be our travel planner because she's the one who actually got us on the cruise. Persistence, let me tell you, ladies, persistence, persistence, persistence. If it wasn't for Susan (ph) we would not be standing here today.

(END VIDEOTAPE)

SIDNER: They literally went through all the potential plots of every single Hallmark movie.

BOLDUAN: On the fly.

SIDNER: On the fly. Those ladies are fun. And I didn't know this, Hallmark has a lot of wine.

BOLDUAN: I mean -

SIDNER: I'm like -

BOLDUAN: -- one of the least surprising things about this entire things. It's like days, it's days and days. But I also love it all.

SIDNER: I have an idea for 2025 for us for Christmas. Another Hallmark Christmas cruise, it's going to be the second one, you, me, John -

BOLDUAN: Taking the show on the road people.

SIDNER: Could be fun.

BOLDUAN: You got to stick around for that one because I know you will.

Thanks for joining us. CNN Newsroom up next.

SIDNER: Bye.