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Don Lemon Tonight

Derek Chauvin's Defense Mistrial Denied; Tension Is Palpable In Minneapolis; Former V.P. Walter Mondale Dies At 93; Defense Trying All Avenue To Delay Verdict; Black People Fear For Their Life Outside Home; Former President George W. Bush Says He Was Shocked By People's Reaction To His Friendship With Former First Lady Michelle Obama. Aired 10-11p ET

Aired April 19, 2021 - 22:00   ET

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

[22:00:00]

(COMMERCIAL BREAK)

CHRIS CUOMO, CNN HOST (on camera): And so, we wait, and the jury has gone home for the night in the George Floyd case. We wait for direction on the specific case, but also for this country. "CNN TONIGHT," with the big star D. Lemon right now.

DON LEMON, CNN HOST: As having this discussion earlier, can you compare the interest in this verdict to O.J. Simpson?

CUOMO: Can you? Yes, would I? No.

LEMON: Go on.

CUOMO: Why? That was about what we wanted to see ascribed to a Black man with O.J. Simpson, it was about celebrity. It was about loitering, there is a lot of drama. It was about mixed-race relationships, what had been done to O.J. It was all these different atmospherics.

LEMON: It was race like this.

CUOMO: Yes, but this is about what can be done to a person of color. This is about systemic inequality, and one of the most egregious and documented cases we've ever seen. Remember the big difference between O.J. and this, that there was a video of what happened to the two people who died in the O.J. situation, that trial would have never happen it would've been very short.

LEMON: Yes. That's not -- you know that's not what I'm talking about, but I mean the interest and by the way though, but that's what Johnny Cochran made it about. What can be done to a Black man ending up in jail.

(CROSSTALK)

CUOMO: The interest, which was genius.

LEMON: Yes.

CUOMO: The interest there was much greater than here.

LEMON: Yes.

CUOMO: It's not even close, I saw the other night it was reported --

LEMON: I agree.

CUOMO: -- that this has been watched a lot in the modern era. We haven't had any trials.

LEMON: And people don't watch television like they did then, it's a different -- it's a different viewing habit. There wasn't the internet, there is no cellphones. You couldn't watch it on your phones, people sat around --

CUOMO: Right.

LEMON: -- and remember shows were created around O.J. Simpson. This went on for months.

CUOMO: Absolutely.

LEMON: Yes.

CUOMO: But remember also it was the opposite side of the celebrity spectrum also, right?

LEMON: Yes.

CUOMO: O.J. was everybody's favorite. He was a star.

LEMON: Yes.

CUOMO: George Floyd is everybody.

LEMON: No.

CUOMO: He is anybody. And that's the difference.

LEMON: No. That said -- that said, it only takes one juror. As I was watching today, I found the prosecution the closing organs to be very compelling. And then parts of quite frankly the defense to be compelling as well. It only takes one juror for a hung jury, I think everyone knows the longer this goes on if it goes on for a long time, that does not bode well for a guilty verdict at least for the higher charges.

CUOMO: Yes, I mean this isn't what they call a shotgun approach in prosecution, which is where you have one universe of conduct, it's not Dawn in Crystal car went to the bank, ran over a guy and then did this. It's one event, with three different charges.

LEMON: All or some --

CUOMO: Right.

LEMON: Yes.

CUOMO: Any combinations you want, but some combinations are very unlikely but it's about here are your choices to pick a mindset. You think he wanted to do it, there's this? You think he should have known that this was going to happen.

LEMON: There's this.

CUOMO: Do you think that he just didn't give a damn about anybody?

LEMON: Yes.

CUOMO: Then it's this. The jury has now been sequestered, here's the one thing it only takes one, you're 100 percent right to caution the audience. However, the standard of causation there is very, very few outcomes where reasonable doubt can be found that that knee on that neck was not a primary substantial factor in this man's death.

LEMON: Yes.

CUOMO: It may not be the only one, may not even be the first one in your opinion, it may not even be the second one. It would still qualify --

LEMON: Right.

CUOMO: -- as substantial causal factor.

LEMON: Yes.

CUOMO: That's a tough bar to beat for the defense.

LEMON: It is, you have to remember the judge can tell the jury, give him the instructions and all of that but the jurors are human, they're going to act on a motion --

(CROSSTALK)

CUOMO: But they can ask that question --

LEMON: Yes.

CUOMO: -- if the former can come back and say, Don says that he doesn't think the knee was the first or even the second. So, he says this doesn't qualify, is that right?

LEMON: Yes.

CUOMO: And the judge will say, no.

LEMON: That still doesn't mean Don is going to go that way, though.

CUOMO: It does. Don can do it every once.

LEMON: I am now, I'll see you later.

CUOMO: D. Lemon, I love you.

LEMON (on camera): I love you, too. I'll talk to you later. So, and we watch and we wait, and we watch and we wait, and we watch and we wait.

This is CNN TONIGHT. I'm Don Lemon.

It all comes down to 12 people in Minneapolis, 12 people. The jury done deliberating for the night after an explosive day of closing arguments in the murder trial of Derek Chauvin who kneeled on the neck of George Floyd for an excruciating 9 minutes and 29 seconds. And the video every one of us has seen, and can never unsee. The video that shocked America's conscience and sparked a reckoning on race and justice.

[22:04:54]

Communities all across this country, all across the country tonight and this is real stuff, on high alert, waiting on this verdict and the reaction to this verdict. As I say, we watch and we wait, we watch and we wait. And we all know exactly what can happen, when a black man or woman's encounter with police goes wrong.

Every Black person in this country understand the anger, the grief, the helpless feeling and the pit of your stomach when it happens again and again. And now it's all coming to ahead, in that jury room, in Minneapolis where prosecutors today called on jurors to believe what they saw with their own eyes. Saying, this wasn't policing, this was murder.

(BEGIN VIDEO CLIP)

STEVE SCHLEICHER, PROSECUTING ATTORNEY: You can believe your own eyes, this case is exactly what you thought when you saw it first. When you saw that video, it is exactly that. You can believe your eyes, it's exactly what you believed, it's exactly what you saw with your eyes. It's exactly what you knew. It's what you felt in your gut, it's what you now know in your heart. This wasn't policing, this was murder.

(END VIDEO CLIP)

LEMON (on camera): We all saw that video. We saw it and too many others like it. Permanently seared now into our memories. But the prosecution making it absolutely clear, that it's not about demonizing police. The police are not on trial, Derek Chauvin is on trial.

(BEGIN VIDEO CLIP)

SCHLEICHER: This case is called the State of Minnesota versus Derek Chauvin, this case is not called the State of Minnesota versus the police. It is not. Policing is a noble profession and it is a profession. Make no mistake, this is not a prosecution of the police, it is a prosecution of the defendant.

(END VIDEO CLIP)

LEMON (on camera): Let me take you through a little bit more of this, because prosecutors are reminding -- they remind the jurors that George Floyd said and did in his last moments of what he said, begging for help from Derek Chauvin who he called Mr. Officer.

SCHLEICHER: He called him Mr. Officer, that's what he called him. Mr. Officer. Mr. Officer would help. We call the police when we need help. And he pleaded with Mr. Officer. George Floyd's final words on May 25th 2020 were, please, I can't breathe. And he said those words to Mr. Officer. He said those words to the defendant. He asked for help with his very last breath. But Mr. Officer did not help, the defendant did not help.

(END VIDEO CLIP)

LEMON (on camera): They told jurors that George Floyd was never given the chance to get back in the police car even though he was trying to comply.

(BEGIN VIDEO CLIP)

SCHLEICHER: Remember Charles McMillian? He kept saying get up and in the car. Get up and get in the car, and George Floyd said I will, I can't. He doesn't even have the opportunity. He is saying he'll get up and get in the car. He hasn't been given the opportunity to do this. That's not resistance, that's compliance, at least an attempt to comply it.

(END VIDEO CLIP)

LEMON (on camera): Then they used images, images of people standing on the sidewalk watching. The ones that the defense would have you believe were threatening, who were witnesses to what happened to George Floyd, and tried to stop it.

(BEGIN VIDEO CLIP)

JERRY BLACKWELL, PROSECUTING ATTORNEY: Now you are told some stories about the bystanders, and the suggestion that they were an unruly crowd. You've got to meet them now, you've got to meet the two-thirds of the ones who were there at that time. I've described them earlier as a bouquet of humanity.

I call him that because they came of different ages, different genders, different races, and they all came together focused on one thing, which was they saw that a human being that did not know was suffering. And they wanted to try to intervene to stop the suffering.

(END VIDEO CLIP)

LEMON (on camera): The defense trying to paint Derek Chauvin as a reasonable police officer, using that phrase, reasonable police officer 100 times, 100 times. Trying to convince jurors that what they saw, what we all saw in that excruciating 9 minutes and 29 second video wasn't the real story.

(BEGIN VIDEO CLIP)

ERIC NELSON, DEFENSE LAWYER: Throughout the course of this trial, the state has focused your attention on 9 minutes and 29 seconds.

[22:10:00]

The proper analysis is to take those 9 minutes and 29 seconds, and put it into the context of the totality of the circumstances, that a reasonable police officer would know.

(END VIDEO CLIP)

LEMON (on camera): And one explosive moment came today after jurors left the room, the judge denying a defense motion for a mistrial over comments this weekend from Congresswoman Maxine Waters. Here is what defense attorney Eric Nelson said.

(BEGIN VIDEO CLIP)

NELSON: An elected official, a United States congressperson was making what I interpreted to be, and what I think are recently interpreted to be threats against the sanctity of the jury process, threatening and intimidating the jury and demanding that if there is not a guilty verdict that there would be further -- further problems.

(END VIDEO CLIP)

LEMON (on camera): OK, that, we all know that's a rich way. But listen, like I said, the judge denied the motion. But he said it could give defense -- the defense grounds to appeal.

(BEGIN VIDEO CLIP)

PETER CAHILL, JUDGE, HENNEPIN COUNTY FOURTH JUDICIAL DISTRICT: Well, I'll give you that Congresswoman Waters may to have given you something an appeal that may result in this whole trial being overturned. I wish elected officials would stop talking about this case especially in a manner that it's disrespectful to the rule of law and to the judicial branch in our function.

A congresswoman's opinion really doesn't matter a whole lot. Anyway, so motion for mistrial is denied.

(END VIDEO CLIP)

LEMON (on camera): Listen, this is a moment when everybody's words matter especially the words of our leaders. So, I want you to hear what Congresswoman Waters said.

(BEGIN VIDEO CLIP)

REP. MAXINE WATERS (D-CA): I am very hopeful and I hope that we are going to get a verdict that say guilty, guilty, guilty. And if we don't, we cannot go away.

UNKNOWN: And not just man slaughter, right?

WATERS: No, not man slaughter. No, no, no. This is -- this is guilty, for murder. I don't know whether it's in the first-degree, but as far as I'm concerned, it's first-degree murder.

UNKNOWN: Ms. Congresswoman, what happens if we did not get what you just told? What should people do? What should protesters on the street do?

WATERS: I didn't hear you.

UNKNOWN: What happens --

UNKNOWN: What should protesters do?

WATERS: Well, we got to stay on the street. And we got to get more active, we've got to get more confrontational and we've got to make sure that they know we mean business.

(END VIDEO CLIP)

LEMON (on camera): Now, of course the defense is going to use that. They're going to use anything that they can to try to distract you from what we have all seen and heard. They are going to use anything that they can.

Maxine Waters saying tonight that her reference to confrontation was meant in the context of the civil rights movement, non -- the non- violent history of the civil rights movement. Saying, quote, "the whole civil rights movement is confrontation."

And look, I understand that the congresswoman is angry, a lot of Americans are angry. And I understand that she makes a lot of people very uncomfortable. And she does. A lot of people have a certain reaction when they see her or they hear her. But as I've been saying Maxine Waters comes out of the civil rights movement, she's a rabble- rouser.

She's fought tooth and nail for what she had and she speaks for her constituents. She's a woman, a Black woman. So, I'm not going to dare and speak for her and tell her what to do. But I will give you my point of view about what she said.

Do you really think she's calling for violence? Most people know that that's not true. And the people who are speaking out against her are using it politically. They know that's not what she's saying. That said, what she said constructive? It was not?

Should she have said it? I can't tell her what to say but it was not helpful especially a word like confrontational in a moment right now in America. Right? It's a problem from a leadership's perspective and from a political perspective because she gave Republicans the ammunition to jump all over her.

And she gave critics, Republican or otherwise the ammunition to jump all over her, to take their eyes off what's really important. And that is state violence against Black people and what's happening in the courtroom. Our leaders' words matter. But we have to focus on the issue at hand and not be distract -- distracted.

The issue at hand the actions on trial here are those of officer Chauvin and no one else.

[22:14:59]

Miguel Marquez is in Minneapolis for us this evening. Miguel, good evening to you. This trial is now in the hands of the jury, there were some demonstrators in Minneapolis tonight, what's the feeling there as we wait for this verdict?

MIGUEL MARQUEZ, CNN NATIONAL CORRESPONDENT: Yes, look, there is a lot of uncertainty, there's a lot of anger and there's a lot of angst, fear and anxiety about what's going to happen with this verdict. And one outward sign of that is sort of the security apparatus here. This is the Hennepin County government center, this is where the jurors are deliberating, you can see these sort of 12, 15-foot fences outside of this, on the side of it.

And protesters have come up to these, and they've hung car fresheners, car freshener, air fresheners, because when Daunte Wright called his mother, he said he was pulled over for the air fresheners. The state has brought in thousands of National Guardsmen to protect different sites around the state, thousands of law enforcement officers, some of them from different parts of the state as well to come in, and some of them from different states as well.

And the schools will be on virtual learning starting on Wednesday. The other concern here, Don, is that Daunte Wright's funeral is scheduled for Thursday. So, there is a lot in the mix here. The jurors will be back in the morning at 10 a.m. They deliberated for about four hours today. The crowd broke up several hundred people marching around Downtown Minneapolis. They -- their promise tonight is that they will be back tomorrow. Don?

LEMON (on camera): And we'll be watching. Thank you, Miguel Marquez, I appreciate that. Some more breaking news tonight, also out of Minneapolis. The former Vice President of the United States, Walter Mondale has died at the age of 93. A spokeswoman said he died of natural causes at his home downtown surrounded by family.

Mondale served as V.P. under President Jimmy Carter in the late 1970s. The two men ran for a second term in 1980 but they were defeated by Ronald Reagan and George H.W. Bush. Mondale then launched his own unsuccessful bid for the White House, that was in 1984, making history, though, by naming Congresswoman Geraldine Ferraro as his running mate. The first time a woman was on a presidential ticket. Walter Mondale.

We'll have more throughout the evening here on CNN.

And there in Minneapolis, the jury has wrapped up its first night of deliberations. Our legal eagles weigh in on what's going on behind closed doors and the closing arguments from both sides.

(BEGIN VIDEO CLIP)

SCHLEICHER: Facing George Floyd that day, that did not require one ounce of courage. And none was shown on that day. No courage was required. All that was required was a little compassion. And none was shown on that day.

(END VIDEO CLIP)

[22:20:00]

(COMMERCIAL BREAK)

LEMON (on camera): The fate of Derek Chauvin now in the hands of the jury. Jurors began deliberating tonight in the trial of the ex- Minneapolis police officer accused of murder and manslaughter in the death of George Floyd. They are done for the night now and resume in the morning.

In closing arguments though, the prosecutors are telling jurors to believe what they saw in that video, Chauvin kneeling on George Floyd's neck for nine and a half minutes. But his summation, the defense attorney saying Chauvin acted as a reasonable officer would -- and a reasonable officer would in that situation.

Let's discuss now with CNN senior legal analyst Laura Coates is here, a former federal prosecutor, and legal analyst Joey Jackson, a criminal defense attorney. By the way, Laura, you are from Minneapolis, right? So I think, yes, I think we should say that.

Good evening to both of you.

Joey, I want to start. One of the deliberations just, day one, I should say, of deliberations is just wrapping up. It's a big moment for the jury. What type of thing happens at this stage in the deliberations?

JOEY JACKSON, CNN LEGAL ANALYST: Good evening to you, Don. Good evening to you, Laura.

Listen, this is where we are. Right? The fact is, they have sat through now three weeks of testimony, and listened to very compelling closing arguments by both sides making their case. And so, remember also, Don, and I say this by way of previewing what your ultimate question is, but what they now have to take into account is when they instructed to by the judge.

You heard the judge instruct them on what reasonable doubt means, you heard the judge instruct them on what this first-degree murder mean. What does an assault mean? What does felony murder mean? What does deprave heart mean. What does culpable negligence. All of that is all taken into account.

The judge instructs them on how they should evaluate it. Right? Substantial cause, meaning, you don't have to show it's the sole cause, the kneeling of the knee on the neck, just that it's a substantial factor. So, what you first have to do is digest it, understand it, if you are a juror, the rules of engagement.

The next thing you want to do is focus on the pillars of the case which are, and I'll conclude here, cause of death critical issue. Right? Because you look at the substantial cause, the jurors are mulling over, is it what the defense said about this toxic brew of things? Is it the methamphetamine? The fentanyl? Is it the hypertension? Is it the carbon monoxide? Is it any of that? No.

Or is it the kneeling of the knee on the neck. That's a substantial cause, right? So, they have to mull over that very critical question, and then of course, they must get to the other critical question, which is, was the use of force reasonable? Right?

Defense continuing to say that he was -- he did exactly what he was taught to do, and the prosecution saying nonsense. You got the chief talking about the sanctity of life, you have Zimmerman, the senior most officer there, and of course, the supervisor saying, this is not how we do. And then you have a sergeant saying the same.

So that's a lot to mull over, and then, remember what they have to do is they have to when following those instructions see, if this is the first count that we look, is it the second count, is it all three counts. And people have different points of view, different opinions, different everything, so they're in the room trying to hash it and figure it out. And so that's what jury deliberations are all about.

LEMON: OK. So, Laura, as a prosecutor here, how are you feeling? The jury gets the, you know, gets the case at, you know what, four or five o'clock in the afternoon depending on Central or Eastern Time, and then by nine-ish, they said they're done for the day. How do you feel as a prosecutor?

[22:24:57]

LAURA COATES, CNN SENIOR LEGAL ANALYST: Well, you know, as a prosecutor, you are never confident because a jury is comprised of 12 wildcards. And you can present the best evidence you can. You can thread the needle, you can create the themes, you can make sure that they have gone through charge by charge, element by element as we saw today where you try to correspond the testimony of a witness, and of course the evidentiary piece there and coincide it with what's actually been said.

But once it goes back there, then it's up to these wildcards. And so, you're not really counting really the first day because not a full day of deliberation. You are talking about what happens as we are getting back there. They now realize what's ahead of them. They have their instructions now.

By tomorrow, you're watching the clock a little bit more. You're waiting for those jury questions if they are there trying to get understanding about what aspect may have confused them, what piece of evidence might they want to look at again. We already have a copy of most things of course.

But you are looking starting tomorrow at the clock there, but you are also looking of course and thinking to yourself, you are checking off the different boxes, you remember the different issues that the defense counsel tried to preserve an appeal, issues about sequestering the jury. Issues about carbon monoxide poisoning as a theory. You go back to the idea of the reinstatement of a third-degree murder

charge, and you are asking yourself, have I prove -- have I satisfied the burden? It remains on the government, have I satisfied the burden here?

Or did the defense poke enough holes to remove this compiled jigsaw puzzle that I gave to the jury, had they taken out a big enough piece besides that I can no longer have the jury see it my way.

I think right now the prosecution has that jigsaw puzzle intact, but again, you are talking about wildcards.

LEMON: Twelve people, right? Twelve people here, all different personalities. Everybody is different.

Joey, what do you think about the judge saying that Representative Maxine Waters' comments may be grounds for appealing a verdict? You know, I talked about it in the open, do you think that's right?

JACKSON: Look, I think a judge can say whatever a judge wants to. I think a congresswoman, or congressman can say what they want to. I don't think it's a basis at all. Everyone has an opinion. Everyone has a point of view. Maxime Waters is representing her constituency.

This is about a day of reckoning, right, when you are elected official, you're talking about accountability and policing, you are talking about moving forward legislation to affect change in communities of color, which are over policed. You know, she's going to say and state her piece, and she'll continue to do that.

And remember this. Judges instruct jurors, and jurors are instructed, and it's presumed that they're instructed properly, and that they take that oath seriously, that you base your decision on what happens in a courtroom. You don't base it on anything else. If you are that concerned about what a congressperson said, then sequester the jury so that they can't hear any outside influence.

The judge also, Don, tells the jury before they get home, don't listen to your family, turn off the TV, don't listen to any radio, base the facts on the evidence you hear here and nothing else.

LEMON: Yes.

JACKSON: Closing arguments are not evidence.

LEMON: Only that.

JACKSON: Only the evidence is the evidence.

LEMON: Yes.

JACKSON: I mean, look, that's what they do. So, Maxine Waters can say what she wants, Biden can say what he wants. Laura, and myself can say what we want. The jurors are going to do what they do, Don.

LEMON: Let me get Laura in here. Because Laura, I want to know how significant or unusual it was? Just tell me what do you think about this. Because his comments you said, he said her comments were abhorrent, but then said it didn't really matter what a congresswoman. What do you think?

COATES: Well, the judge is offering hiss opinion but he came out the right and legal conclusion here, to say that this is not a basis to actually declare a mistrial. Now the defense counsel, if they do not have an acquittal, they will raise all sorts of issues on appeal. That's the nature of defense's practice, they'll try to make sure they have a second bite at the apple.

But the idea of trying to say that this jury, it was somehow misled. They did not perform a voir dire, as far as I know they ask the jurors if they even heard the comments of Congressman Maxine Waters.

Remember, of course as well, this case has been commented on by now three presidents. We are talking about now President Biden, when he was candidate Biden. President Trump, former president Obama as well, so at what point does a judge, realistically be able to isolate a jury such that they are completely shielded from any commentary about a high-profile case.

Remember the voir dire in this case. The goal was never to seek out a juror who has had their head in the sand or a virtual Rip Van Winkle. They were asked about questions about violence and protest and looting, and blue lives matter and black lives manner. They were asked how much they were exposed or maybe even have in their own property damage.

They were well aware of what has happened over the better part of the year. So there is really no safe haven for this logical statement that says that the statements of one person more than any other elected official, including three presidents should somehow declare a mistrial. But don't raise it on appeal. I think it will be unsuccessful assuming he is convicted.

LEMON: All right. Thank you, and even popular figures, like Pat Robertson saying that Chauvin --

COATES: Pat Robertson, yes.

LEMON: -- should be under the jailhouse. So, a lot of people have commented on this. Thank you very much. I appreciate it.

The Chauvin trial now in the hands of 12 men and women. What their statements and backgrounds say about what we should be looking out for. That's next.

[22:30:03]

(COMMERCIAL BREAK)

LEMON (on camera): Communities across the country on high alert tonight waiting for the verdict in the Derek Chauvin murder trial. The video of Chauvin's knee on George Floyd's neck for over 9 minutes prompting global protest last summer. But Chauvin's fate now comes down to a group of 12 men and women.

Joining me now is jury consultant Richard Gabriel. He has worked on multiple high-profile trials including Caylee Anthony, O.J. Simpson, and Phil Spector. Richard, thanks for joining. I really appreciate it. I can't wait to have this conversation with you.

You know, you've been following this trial and analyzing the 12 jurors' backgrounds and statements, you are interested in two of the jurors in particular after hearing the defense argument. Explain that, please.

RICHARD GABRIEL, PRESIDENT, DECISION ANALYSIS: Well, each side is looking at their own jurors in this case, hoping that they will carry the water for them in this case.

[22:35:02]

And so, they're looking back at the voir dire, they're looking at their jury questionnaires that they filled out in front of this trial and they are saying, OK, what can I count on for a jury to hold on to me in this jury deliberation room. Juror number 92, the prosecution is saying look, they were terrified of the -- she was terrified of the police dismantling in the defund the police movement.

She -- they are counting on her being very pro-police. They -- there's another jury 85 who said that you get respect the police and do what they say. Jury number 55, scared of the BLM protests, and also looking at the chemist and the nurse, also to hopefully help on that causation issue. In other words, are there other causes for George Floyd's death?

On the defense side, there is a couple of sort of, the key issues that we need to look at in jury election. Jury number 89, the jury said boy, they knelt too long and he knelt too long on George Floyd. Jury number 96, sounds like Derek Chauvin took a different role than the other officers.

Juror number one 115, was that in his training? Commented on that, as if this somehow was outside of his training. And jury number 27, talk to a friend and said that could have been me.

The defense in this case today in the closing arguments talked about the difference between perspective and perception. And each side is looking at which is the perception, and which is the perspective that each of those groups of jurors are hopefully going to be looking at. Are they want to be looking at it from Derek Chauvin's point of view? Are they going to be looking at it from the bystanders who are actually watching this thing go down?

LEMON: Well, that leads me directly to my next question, because eight of the 12 jurors told the court that police in their community make them feel safe. That is their perspective, right? Is that going to be a challenge for the prosecution?

GABRIEL: It's always a challenge, in other words, that's why I think the prosecution has made this very specifically about Derek Chauvin. Because let's face it, jurors want to rely on the police, they feel that it keeps them safe. And it is difficult for them to think of someone who is supposed to protect them that has possibly violated their oath, violated their duty. It makes them feel unsafe.

So, their -- that is a thing that the prosecution is counting on to hopefully put them in the perspective of can they look at it from Derek Chauvin's point of view. Was he feeling threatened? Was his attention drawn to the crowd at that point? And somehow, that's why you heard all those arguments made from the defense about these what a reasonable officer would've done in this situation. So, it's a big concern for the prosecution.

LEMON: One of the female jurors in her 20s, said she was very sad to get the summons for this case. Should either side be encouraged or discouraged by that, that someone was excited to get the summons?

GABRIEL: Typically, the defense is a little nervous. When I worked on the defense side, I am very nervous by jurors who are excited to be there. Because let's face it, jurors are never excited to be in jury duty. And when they're there usually it's because they want to do something.

And this brings me to an important issue, the case that the jurors have is very difficult. They have not only tease out the difference between what they knew about it before they were sat as jurors in this case. But they also have to tease out this enormous social pressure, including Maxine Waters if they heard that.

But they know the world is watching them, so that's the challenge that the jurors are doing. How can I focus on this evidence, and also the personalities of these other jurors? It's a diverse group, they've got to work with each other to somehow come through a consensus. What if some people don't like each other, and the personality differences clash? That can affect deliberations as well. So, it's a big challenge.

LEMON: Yes, it all comes down, well the judge plays a big part in it but it really all comes down to the jury, and especially right now. Richard, thank you. I appreciate your perspective. We'll have you back.

GABRIEL: Thanks, Don.

LEMON: Thanks a lot.

GABRIEL: I'll talk to you soon.

LEMON: Family members of Daunte Wright and George Floyd sharing their grief as they wait for justice over the loss of their loved ones. Daunte Wright's aunt, Naisha, joins me next.

[22:45:00]

(COMMERCIAL BREAK)

LEMON (on camera): Members of both the Floyd and Wright families coming together in a vigil for justice outside of the court in Minneapolis today, families praying, waiting to see if there will be some justice, if they're going to see justice.

There are two families like so many others that have been connected by police violence. So, joining me now is Naisha Wright, Daunte Wright's aunt. And along with her is Naisha's daughter and Daunte's cousin LaMaya.

Thank you both for joining us. I really appreciate it. Naisha, it's good to see you. We spoke, you know, the other night. And you are on the phone, so I didn't get to see you in person, but I appreciate you joining us then, and I appreciate you joining us now. That was a week ago tonight, how are you holding up?

NAISHA WRIGHT, DAUNTE WRIGHT'S AUNT: Well, Don, I'm holding up as best as I can at this time. You know that this is something that shouldn't have happened. It's hard to explain, like I said once before, like, it feels like our hearts have been ripped out of our chest. And like I've told a few people, I thought I've felt heart break -- I feel heartbroken before, excuse me. But this has really just broke our hearts, yes.

LEMON: Yes. Officer Potter is now out on bail after being charged with second-degree murder. No court verdict can bring Daunte back, but do you believe that there's going to be any accountability?

[22:45:07]

N. WRIGHT: Yes, I do. I mean, so far, I've seen a few things that have changed, you know, where different things that's going on in different states and things like that. You know, we just going to keep continuing to fight and pushing for it and stuff. Because we are going to get justice, you know?

And right now, what this two, like these two judgment systems, you know, you got one for Black people, you got one for white people. You know, we need to put this all as one, you know what I'm saying, all as one. We're all human, you know, we are no different from anybody else. We all bleed red. You know what I'm saying? So why is it a difference?

LEMON (on camera): Brooklyn Center's mayor spoke to Wolf Blitzer this afternoon. And I just want you to hear what he said about driving while black, here it is.

(BEGIN VIDEO CLIP)

MAYOR MIKE ELLIOTT, BROOKLYN CENTER, MINNESOTA: This is something that people in my community have been grappling with for a very long time. It's not safe to drive in Minnesota while you're Black. I mean, the fact to the matter is, there is so many of us who drive, you know, and if we see police behind us, we are afraid.

You know, we are trembling. And that is a kind of terror that no citizens of the United States -- no citizen of the United States should ever have to face. It's a constant, it's ever-present.

(END VIDEO CLIP)

LEMON (on camera): That -- that is the mayor, what do you think? You know, coming out of the mayor what do you think of that? Do you think change is coming?

N. WRIGHT: He's speaking the truth. he's speaking the truth. You know, and it's really sad. It's sad that myself as a mother, you know and I'm not even going to say as a Black woman because, again, as you all see my sister is not Black. But she's a mother to a Black son, OK? So, it affects all of us, OK?

LEMON: Yes.

N. WRIGHT: And to have to tell your children and teach them every day that you can do this, you can't do that, you can't even look at the police a certain way. You know, for the fear of them pulling you over. I see police in front of me and I tensed up. We should not have to live our lives that way, you know?

It's over what, 600,000 some people here in the state of Minnesota that their tabs are spired, you know. We are trembling. We can't go to the stores, we're scared. We shouldn't have to live like that. You -- come on, we shouldn't have to live like that. It's 2021.

LEMON: And part of that is also because of COVID, the backup and, you know, people working from home, and what have you. So. And it's happening around the country with people getting their license plates, and their driver's licenses and on and on.

N. WRIGHT: Correct.

LEMON: So, LaMaya, how old are you, LaMaya, if you don't mind me asking?

LAMAYA WRIGHT, DAUNTE WRIGHT'S COUSIN: I'm 18.

LEMON: You're 18, so you are of driving age and your mom is speaking there. What do you -- what do you make of what your mom is saying, that you can't do certain things? You can't even look at police a certain way. And you're driving, he's talking about Black man, I guess black people in general. But do you want to respond to that?

L. WRIGHT: It's scary as a young Black girl, growing up in this world, you know, full of hate and crimes like this, it's honestly scary. So, as my mother said, you have to teach your children what not to do when you're around, authorities are supposed to protect and serve.

So, to answer your question I can't really tell you or begin to tell you where the fear lies. I can't, I can't even tell you because it's very fearful. Like my mom there said, by walking down the street seeing a police officer is very scary. I tensed up, so I can't even begin to tell you where the fear is in my mind. Because right now, I'm very fearful.

I fear my brother's life, I fear anybody of color, I fear. And it's sad because we're all the same. You know, we're all God's children at the end the day, we're the same. We are going to bleed the same.

LEMON: Yes.

L. WRIGHT: We only have one life to live. And we are all like that, it's all like this, we are all like this. So.

LEMON: Yes. Well, LaMaya, listen, I know you guys are going to a lot right now. I appreciate you joining us, and Naisha, I appreciate you joining us as well. And let's stay in touch, we'll see what happens, OK? Thank you so much.

L. WRIGHT: Thank you.

N. WRIGHT: Thank you.

LEMON: So former President George W. Bush reflecting on his friendship with Michelle Obama, and the shock reaction from some people. How he says it can serve as an example for the whole country.

[22:50:00]

(COMMERCIAL BREAK)

LEMON (on camera): Take this. Former President George W. Bush says that he was shocked by people's reaction to his friendship with former first lady Michelle Obama.

(BEGIN VIDEO CLIP)

GEORGE W. BUSH, FORMER PRESIDENT OF THE UNITED STATES OF AMERICA: I think the one that became more famous is when I gave her the Altoids during McCain's funeral.

NORAH O'DONNELL, ANCHOR, CBS NEWS: Yes.

BUSH: And it shocked me. We got in the car and I think Barbara Jean said hey, you're trending. And the American people are so surprised, that Michelle Obama and I could --

O'DONNELL: There's friendship.

BUSH: -- be friends. I think it's a problem that Americans are so polarized in their thinking, that they can't imagine a George W. Bush and a Michelle Obama being friends.

(END VIDEO CLIP)

[22:54:58]

LEMON (on camera): You know what I always say, I always say get a friend who does not look like you, and that will help to fix this problem of racism in America.

The former president rightfully, rightfully, or rightly, I should say, pointing out that our nation's polarization can put blinders on something a simple as friendship. And President Bush suggesting Congress should take those blinders off. He wants lawmakers to tone down the rhetoric and make a deal on immigration.

(BEGIN VIDEO CLIP)

BUSH: I don't want to tell Congress had to do this issue, but I do want to say to Congress, please put aside all the harsh rhetoric about immigration. Please put aside trying to score political points on either side. I hope I can help set a tone, that is more respectful about the immigrant, which may lead to reform of the system.

(END VIDEO CLIP)

LEMON (on camera): Well, that is a tall order for a Republican Party that has become the party of Trump.

A nation waiting for a verdict as the jury wraps up its first day of deliberations in the Derek Chauvin murder trial. What the outcome could mean for this critical moment in our nation's history, that's next.

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