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Terrorism Threats in Chicago; Chinese Activist Arrives in U.S.

Aired May 19, 2012 - 16:00   ET

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

FREDRICKA WHITFIELD, CNN ANCHOR: All right, welcome back to the NEWSROOM. I'm Fredricka Whitfield. The news continues right now.

While world leaders gather in the U.S. for two important summits, police in Chicago arrest three activists they say planned to violently disrupt the upcoming NATO summit there. The three men are being charged with domestic terrorist. Their bail has been set at $1.5 million each. Among their targets, according to Chicago police, President Obama's Chicago campaign headquarters.

Let's bring in CNN's Paul Vercammen. He has been following the fast developing story in Chicago. So Paul, what are you learning about this plot?

PAUL VERCAMMEN, CNN CORRESPONDENT: Well, Fredricka, serious charges leveled here in a Chicago courthouse today. Among other things, conspiracy to commit terrorist acts, they're charged with, possessing explosives. And along these lines, they suggested that these young men were planning these attacks not only on Obama's campaign headquarters, but also Mayor Rahm Emanuel's, some financial targets and police stations and part of this was going to be a diversion so they could carry out other terrorist acts. Listen to what the prosecutor had to say.

(BEGIN VIDEO CLIP)

ANITA ALVAREZ, ILLINOIS STATE ATTORNEY: Specifically, plans were made to destroy police cars and attack four Chicago police department stations. With destructive devices in an effort to undermine the police response to the conspirators' other plans, other planned actions in the NATO summit.

(END VIDEO CLIP)

VERCAMMEN: And prosecutors also say they seized just a myriad of weapons, including a mortar, four completed Molotov cocktails, some throwing stars, knives with brass knuckles on them and a hunting bow. Meanwhile, the defense attorneys came out and they said this is propaganda. Basically these men were infiltrated by undercover agents and they said this was one big scam by the police.

(BEGIN VIDEO CLIP)

MICHAEL DEUTSCH, SUSPECTS' ATTORNEY: What we have learned now, we believe it was a set-up, an entrapment to the highest degree, and it is sensationalism by the police and the state to discredit the protesters to come here to nonviolently protest.

(END VIDEO CLIP)

VERCAMMEN: Now, we should know one thing here, the defense attorneys sort of changed their tone because before, we heard a lot of about "Well, this was beer making equipment." They certainly took a big step backward from that, and now the defense seems to be that they were entrapped into all of this. Fredricka.

WHITFIELD: All right. Paul Vercammen, thanks so much. Pretty striking case.

All right. Now, to that other summit, and a second security concern. This one as world leaders gather at the G-8 summit at Camp David. U.S. military aircraft intercepted two small planes that had entered the restricted no-fly zone surrounding the compound. Authorities are interviewing both pilots.

And a bombing outside of a school in Brindisi, Italy kills one teen and wounds at least six others. Take a look at the crime scene. There are children's notebooks and backpacks lying in the street. Investigators say they found three gas cylinders near the school's entrance that had been detonated with a remote control. Officials say it is not clear why the school was targeted.

And Chen Guangcheng, the blind activist who ignited a political firestorm between the U.S. and China will soon have a new home. You're looking at live pictures at the Newark airport where Chen is scheduled to arrive in just a couple of hours. Chen left the Beijing airport early Saturday. In April, Chen escaped house arrest and then later sought refuge in the U.S. embassy. New York University has since offered him a fellowship and that's why he'll be arriving in the states.

All right. Wind of the biggest enemy of those fighting the wildfires out west, well they died down today. The winds, that helped just a little, but the fires are spreading and intensifying. Three towns are now under evacuation orders as the fire has torched nearly 13,000 acres and it keeps advancing. I talked with the fire information officer on the scene, Troy Waskey.

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TROY WASKEY, FIRE INFORMATION OFFICER (on the phone): Today, it's been a big air, so as early as 8:00, when conditions have been favorable to get up in the air, and we got eight helicopters committed to this incident, we got four tankers committed to it. And all day long, the radio has been firing away with folks calling in, returning (INAUDIBLE) and bucket drops from the helicopters.

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WHITFIELD: All right. New evidence, mounting evidence, that is, in the Trayvon Martin shooting case. Does it help or hurt George Zimmerman's stand your ground defense? Our legal guys weigh in on this one. (COMMERCIAL BREAK)

WHITFIELD: Hey, in a few minutes, our favorite legal minds, our favorite brilliant legal minds, Avery Friedman, Richard Herman are going to be along. We're going to talk about everything under the sun this weekend from the George Zimmerman case, Trayvon Martin case, to Jonathan Vilma and taking on the NFL commissioner and we're also going to talk about John Edwards and the jury deliberating again come Monday. So Avery, you have favorite thoughts on these cases coming up?

AVERY FRIEDMAN: Well, every one of them, Fredricka, are explosive. We saw developments we never expected to see. We'll see what happens here.

WHITFIELD: All right, Richard?

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: I think John Edwards is going to get convicted, Fred. I think that George Zimmerman's credibility was bolstered by some of the evidence that was turned over, some of the findings and discovery that was turned over. And I think that's going to be shocking to a lot of people.

WHITFIELD: All right. Thanks so much, guys. All that and more straight ahead with our favorite legal minds.

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WHITFIELD: Jurors in the John Edwards' trial have plenty to think about this weekend before getting back to deliberations on Monday. The former presidential candidate is charged with six criminal counts of campaign finance fraud that could send him to prison, if convicted, for up to 30 years.

Let's bring in our legal guys Avery Friedman, a civil rights attorney and law professor in Cleveland. Good to see you. And Richard Herman, a New York criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well.

HERMAN: Hi, Fred.

WHITFIELD: OK. So the jurors are deliberating. They're going to resume on Monday. You know, the defense provided only three days of testimony, focusing on federal campaign laws and trying to discredit the prosecution witnesses and not calling too many people including, not calling John Edwards or Rielle Hunter. So Richard, was this an effective strategy for the defense?

HERMAN: The strategy on the defense, Fred, was that the prosecution utterly failed to prove their case pursuant to the election law, the campaign financing laws and the criminal statute that's in place here. They maintain that position. That's going to be their position on appeal. I think John Edwards is going to get convicted here. I think it was a mistake for him not to testify. I think he could have related to one or two jurors there. I just think his conduct was so outrageous and the issue is whether he knew or did not know he was violating the law.

Fred, this man is a lawyer. This man ran for president twice. He was a senator. He had to have known what the campaign laws are. That's the prosecution case. I think the jury is going to bang him out next week.

WHITFIELD: So the bottom line though, you know, Avery, the prosecution has to prove that he willfully and knowingly used campaign money to cover up this affair. I mean, that's the crux of the case. Did the prosecution do that? Did they prove that he knowingly, willfully, misused campaign finance money?

FRIEDMAN: I don't think so. But I think, you know, if there's the most reviled man in America is John Edwards. And I know my colleague said that he was absolutely going to take the stand. That's what he predicted. I thought that if John Edwards took the stand, I think a first year law students could have cross-examined him into oblivion and I didn't think he would take the stand. I think the argument is being made, and I think Abbe Lowell, who is the lead defense lawyer, said that, "You know what? When you're looking at credibility of the prosecution's chief witness, Andrew young, think about the $35,000 he spent on porcelain veneers for his teeth," and I think there is an argument, if there is reasonable doubt, it's going to come from Alex Forger, who represented Bunny Mellon, who said it was strictly personal. That's reasonable doubt, and I think that's why he's got a chance at avoiding this conviction.

WHITFIELD: Well, in fact, you know, Abbe Lowell kind of reminded the court though, you know, it was Andrew Young's idea to pose as the person responsible for, you know, Rielle Hunter's pregnancy, and that he was willing to help hide her and it really would be the government's burden in which to prove otherwise. And that's at the crux, you know, did the prosecution kind of meet that threshold?

HERMAN: Fred, the government got a devastating jury instruction at the end of the case last week where the judge instructed the jury, they can find that the funds were used to influence the election. If they find it influenced the election, which obviously, it would have, because if the came out that he impregnated Rielle Hunter, that would have destroyed him immediately, that's sufficient.

They must find, though, that he knew it was a violation of the law, and I don't think the jury is going to disagree with that. They're going to think, this man, this lawyer, this intelligent, politician, knew, and I think they're going to convict him.

WHITFIELD: All right. Richard, you think there's a conviction, Avery? I'm hearing doubt.

FRIEDMAN: It's still up in the air. Still up in the air.

WHITFIELD: OK. All right. Very good. Let's move on to another case. Much of the facts are still up in the air, at least the conclusions about what took place here. We're talking about George Zimmerman in the Trayvon Martin case. A mountain of evidence revealed by the prosecutors, they had this evidence, this treasure-trove of evidence, and now revealing it publicly, among those pictures of George Zimmerman, his injuries, lacerations to the head, some cuts on his nose, his defense trying to substantiate that he was defending himself, that he was being beaten up by Trayvon Martin.

At the same time, there was also videotape that was shared of Trayvon Martin and how very, you know, casually he was buying Skittles and iced tea at this store. And he didn't seem like his behavior was erratic or out of sorts. And so the type of evidence that we have seen, you know. Avery, does this put the defense in a better position or is this more advantageous for the prosecution?

FRIEDMAN: Well, it's truly a mixed bag, Fredricka. But I think at the end of the day when you look at almost 200 pages of materials, 67 CDs, I think it actually favors the defense because for the first time, we've seen in very graphic terms how George Zimmerman looked before the paramedics took care of him. And I think that really goes heavily toward the defense of self defense. And I think at the end of the day when you started out, good things for the prosecution. But Angela Corey, who is the state's prosecutor, saw those head shots before treatment. I'm not sure that charging him with second degree murder was really the smart thing to do here. Looks like a manslaughter.

WHITFIELD: Really, Richard?

HERMAN: I don't think it's manslaughter, Avery. Look, Fred, when you want to analyze credibility of a witness, you need to corroborate what the witness has said. So what did Zimmerman say? He said it looked like Trayvon was on drugs. There was THC in his system. He said Trayvon punched him in the nose, we saw a broken nose. He said Trayvon was banging his head into the concrete. The back of his head was cut and bloody. He said Trayvon reached for the gun, Zimmerman says he then pulled the gun and shot at close range, one to 18 inches with a shot. All of this combined with the fact that an eyewitness said he clearly saw Trayvon on top of Zimmerman. Trayvon's father, his own father said the screams were not Trayvon, and the witness initially said the man on the bottom was the one screaming. And listen, Trayvon was 6'3", he was a lot bigger than Zimmerman. I don't know, Fred, I think -

WHITFIELD: But not apparently in weight size. Apparently, there was still a 40-pound difference.

HERMAN: That has nothing to do with the charge.

Fredricka, that has nothing to do with the charge. The question is - it may be self defense, but that's not the point. The point is if the prosecution is going to charge George Zimmerman, I don't think they should have charged him with second degree murder. I think the charge is manslaughter. I'm not talking about the defense. I'm talking about what the charge should have been.

WHITFIELD: Our legal guys are back with more. A church suing a former member for a half million dollars. The reason, something the church member posted on the internet. Our legal guys weigh in on that. (COMMERCIAL BREAK)

WHITFIELD: New Orleans Saints bounty scandal just won't go away. A now suspended Saints' linebacker, Jonathan Vilma, is suing NFL commissioner Roger Goodell for defamation. He claims Goodell made false statements and comments about his alleged role in the bounty program.

Our legal guys are back. Avery Friedman in Cleveland and Richard Herman in Las Vegas.

All right. Gentlemen, you know, Vilma, you know, he went on to tweet about this, too. Quite publicly saying that, "As I said before, I never paid nor intended to pay any amount of money to any player for intentionally hurting an opponent." He is also quoted as saying "The NFL relied on at best, hearsay. So were there recordings, Richard, or documentation, would there have to be in order for the NFL to suspend a player on something like this?

HERMAN: Fred, there was an intense investigation done by the NFL. I don't know every avenue they turned up. I don't know all the witnesses they interviewed, what information they got, but Roger Goodell acted as the judge and executioner here. He made the sole determination, Vilma was not allowed to participate in that. And it appears to me that maybe Vilma has had some spicy gumbo at Broussard's in the quarter because he brought this ridiculous lawsuit that I have here. Ridiculous lawsuit which is going to be dismissed. Ridiculous.

WHITFIELD: Really?

FRIEDMAN: Come on now.

(CROSSTALK)

HERMAN: There's no way --

WHITFIELD: Avery.

HERMAN: - no way he's going to be able to prove actual malice or a complete disregard for the truth.

WHITFIELD: Avery -

FRIEDMAN: That's not why he filed it.

WHITFIELD: You disagree. How do you see it?

FRIEDMAN: I mean I agree with that part. But let me tell you what the thinking is here. There is an arbitration started this week, Fredricka. What happened was lawyers talked about the penalty here. What the strategy is because there's no substance to this case, what the strategy is is to get discovery. To find out what kind of evidence the NFL has. And that's why Jonathan brought the case. And if the evidence surfaces, the case is dismissed. Because right now, there's no way -

WHITFIELD: Or if the evidence does not surface, then case dismissed?

FRIEDMAN: He dismisses the case. It was a very tactical thing, very tactical move.

WHITFIELD: OK. Well, the NFL, you know, says this in a statement, claiming that the NFL findings are corroborated by multiple independent witnesses and he says that "Indeed, you know, we have not yet reviewed the filing. However, our commitment to player safety and the integrity of the game is our main consideration. So something tells me - oh, and there's more. "We recognize that not everyone will agree with the decisions that need to be made." So we will see where it goes on both sides.

All right. Let's talk about another interesting case. It's in Oregon and this involving a church and a church member. And apparently, the church member was a stay-at-home mom, went on a blog and talked about the many reasons why she felt alienated and felt that she was being mistreated by the church, and the church doesn't carry on in, in her view, a Christian kind of manner. Well, now the church says, oh, really? Well, we're going to sue you for making such public comments on a public domain, and Avery, where might this go? Does this mean that you can't say anything negative about an institution like a church? On a website, no less?

FRIEDMAN: The pastor there Charles O'Neal was upset because the ex- parishioners called him creepy. Based on that and the fact he was a narcissist.

WHITFIELD: And called it cult like.

FRIEDMAN: Cult like, well, the fact is that thou shalt not bring a defamation case. So the pastor know or the pastor's lawyer should know that because it's mere subjective opinion. It's absolutely protected speech, and this case, there's going to be a hearing on Monday, by the way. And there's a likelihood, I think, that the judge is going to say dismissed.

WHITFIELD: Oh really? OK, so Richard, you know, before I get your opinion on this, the pastor, Charles O'Neal, did say this, "I stand by my right and the right of every American citizen to defend themselves, their families, their churches, their secular organizations and their businesses from world wide web internet assaults consisting of false criminal accusations and character assassination of the worst kind."

HERMAN: Well, Fred, I think this pastor, after about 3 1/2 years of reading this blog, couldn't take it anymore. And he tried to do something. But it just goes to show you the quality of legal minds in this country to bring this type of lawsuit because Avery is 100 percent right. This case will be dismissed. The defense has brought an anti-slap action against them, which means this case must be dismissed. They cannot prevent her from writing on the internet. It was her opinion and her opinion only.

FRIEDMAN: That's right.

HERMAN: And that's not defamation. WHITFIELD: OK. And that's protected by the amendment, right?

FRIEDMAN: By the way, the only thing we have agreed on today at all, this case has to be gone.

HERMAN: That's how it should be.

WHITFIELD: They're always so fantastic. You can catch our legal guys every Saturday, noon Eastern and again 4:00 Eastern time.

All right. Tomorrow, Dr. Sanjay Gupta is talking to a man who creates breathtakingly beautiful works of art in silver. And you can see it on his show "The Next List.:

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There's no one in the history of the country who has done what he's done. I don't mean just the last 50 years, the last two centuries. I think about (INAUDIBLE) McArthur Foundation prize because there's nobody like him.

I told my wife, there is a monetary award over a period of five years of $500,000. She said, it's a joke. I hope I can thank them with my work, with my dedication.

(END VIDEO CLIP)

WHITFIELD: Nice. Tune in tomorrow to watch "The Next List." Or set your DVR for 2:00 p.m. Eastern, and then tomorrow at 2:30 Eastern time, join me in "The Newsroom." High school senior Lydia McAllister lost her home and her school to the tornadoes that ripped through Joplin, Missouri.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Every time I drive by it, it's so really sad. All the memories and all the friends I made in the hall ways.

On Monday, President Obama will speak at Joplin high school's graduation ceremonies one year after the storm struck. Lydia will be graduating in that ceremony. And she'll be joining me tomorrow to talk about how her family and the town are rebuilding.

(COMMERCIAL BREAK)

WHITFIELD: All right. Another heartbreaking setback for that student infected with that rare, potentially deadly flesh eating bacteria. Doctors had to Amy Copeland's remaining foot and both of her hands. She has already lost part of her abdomen. Amy's father has been in close communication with surgeons. He said they will do whatever it takes to save her life.

The Oregon board of education said schools must retire their Native American mascots and logos here at Banks High for instance, the schools will have to find a replacement for the Braves but it has five years to comply. If it doesn't the state can cut off funding. Native Americans say those nicknames of mascots are demeaning and discriminatory.

All right. That's going to do it for me. Up next, Dr. Sanjay Gupta M.D.. And the CNN NEWSROOM continues at the top of the hour with Don Lemon and we'll leave you now with the sounds from a ceremony at Arlington National Cemetery today. Buglers marking the 150th anniversary of Taps, the military's most famous bugle call.

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