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Cop in Hot Water over Tsarnaev Photos; A Prince is Born; Middletons Speak to Press; Runway Open After Accident Yesterday; San Diego Mayor Accused of Sexual Harassment; Tearful Testimony from Michael Jackson's Mother

Aired July 23, 2013 - 11:00   ET

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

PAMELA BROWN, ANCHOR, "CNN NEWSROOM": Hello, everyone. I'm Pamela Brown in for Ashleigh Banfield on this Tuesday morning.

The career of the cop who released graphic photos of the accused Boston marathon bomber is on the line this hour.

Massachusetts state police Sergeant Sean Murphy, acting without permission, handed out these pictures right here of Dzhokhar Tsarnaev over to the "Boston Magazine."

Tsarnaev's face is smeared with blood and his skin ashen in the laser- glow from a sniper's rifle sites.

According to "Boston Magazine," Murphy took the action because he felt this "Rolling Stone" cover right here of Tsarnaev was an insult to the bombing victims.

Murphy has already served a one-day suspension without pay and now a three-person panel is determining whether to impose further punishment.

All right, let's get right to it. Joining me now, defense attorneys Midwin Charles and Danny Cevallos. Nice to have you both here with us.

Danny, I want to start with you. There's clearly growing support for Sergeant Murphy. I just looked at his Facebook page, more than 60,000 "Likes" at this hour.

Do you think that this support for him impacts the panel at all?

DANNY CEVALLOS, DEFENSE ATTORNEY: Certainly it does, but more than just the general public support, you have to believe there's a lot of support within the police department, whether it's articulated in the open or not.

This is a police officer who acted in -- at least to other police officers -- probably a heroic kind of way.

So while officially they must view it as a violation of internal rules, I have to believe whatever panel members are on this particular panel, they may have some leanings toward this particular officer. And one of the things right away that you look at is the fact that he was only suspended one day.

It appears under the rules that he could have been suspended up to five days, so that sort of gives us a lead into where the department is leaning on this case.

BROWN: And we know he did release these pictures, these unauthorized photos. Midwin, in your view, did he commit a crime here by releasing these photos or just violate departmental procedure?

MIDWIN CHARLES, DEFENSE ATTORNEY: It looks as though he probably just violated departmental procedure.

And I don't know how that hearing is going to go or that panel that's going to make a determination because, on the one hand, you have someone who released this information based upon how he felt as a result of this cover magazine of glorifying this guy.

And he felt that that wasn't the right thing to do, so you have to ask yourself, is this the sort of precedent that we want to set with people who are in positions of power and authority when it comes to these kinds of images?

Are we going to allow them to do this simply because they feel a certain way? And so that's one of the things they'll be looking at, but I don't know that he's broken any crime, per se.

BROWN: Critics are saying -- there's a lot of support, but critics are saying that, look, this was -- this could jeopardize the case against Tsarnaev.

Do you think that's true, Danny? Do you think this could interfere with the pending criminal case involving Tsarnaev?

CEVALLOS: As a defense attorney, I've considered this. Possibly the photographs may tend to show improper procedure by the police, but that seems to me candidly to be a bit of a stretch.

Certainly you can imagine circumstances where releasing discovery might be damaging to a case. This may not be it.

However, I still that think that, disciplinary-wise, he may be disciplined. There are a number of options to the panel.

I think we're probably looking at something on the low end of their options because, ultimately, this is going to come out in discovery anyway, so it doesn't appear to be a major blow to the prosecution.

BROWN: You're right. There are a number of outcomes. He could remain on full duty, be put on restricted duty, be suspended with or without pay.

We'll have to see what happening today after the hearings.

Midwin Charles, Danny Cevallos, many thanks. Across Britain and the world, the waiting begins anew. When will we get our first glimpse of the new heir to the British throne?

The cannons thunder their official welcome today. Kate, the duchess of Cambridge, gave birth yesterday to a baby boy. Prince William was at her side.

And now everybody is waiting to learn the baby's name. A newborn hasn't gotten this kind of attention since William was born 31 years ago.

Today, though, anticipation has given way to celebration, and we have it covered on all fronts.

CNN royal correspondent Max Foster is outside St. Mary's Hospital in London. He's been very busy covering this story for us.

And we also have with us royal expert Victoria Arbiter, here with us as well.

Max, I want to start with you because you have some new information for us who are some special visitors who just arrived at the hospital. Is that right?

MAX FOSTER, CNN ROYAL CORRESPONDENT: Yeah, the first visitors, the grandparents, the Middletons, are currently inside the hospital meeting their grandchild, their first grandchild, for the very first time.

We are expecting them to leave any moment now. There's a taxi braced for them. They traveled by public transport, which is modern way of traveling for members of the royal family, and we're just waiting for them to come out.

Some speculation that they may speak to the cameras, but they're going to make that decision whilst they're inside.

So a big, big moment for them, and then no doubt we'll meet some members of the royal family later on as well.

Potentially, Pam, the couple themselves could be appearing on the doorstep tonight. I think it's more likely it's going to happen today than tomorrow.

BROWN: That was the big question. Everyone wants to see the baby, and of course, the proud parents.

I want to go to you now, Victoria, because there's been a lot of talk about what this baby's name will be, and a lot of bets as well, a lot of names being thrown out there.

When do you think we're going to learn the name, and what do you think it could be?

VICTORIA ARBITER, CNN ROYAL COMMENTATOR: I think -- Max pointed out yesterday, and I think he's right on this, that chances are William and Kate are going to release the name probably after they leave the hospital later today.

When William was born, it took a week to name him. It took a month to name Prince Charles, two weeks for Beatrice, but I think William's going to be eager for the furor surrounding the baby to die down so they can get on with their new family life together.

So we'll see some dynastic names, history, some continuity, names that reference the royal family, royals past.

George is, of course, still the hot favorite. I think we'll see Philip there as a tribute to Prince Philip.

We may see something like Alexander. The queen's middle name is Alexandra. Obviously we don't have a little girl that we have just welcomed, so we can't have Elizabeth in there. Perhaps we'll see Alexander.

Possibly Francis, that was Diana's middle name. It's also Michael Middleton's middle name, slightly different spelling.

So there are quite a few ways this could go still, and then I think the long favorite is Arthur. It's become quite trendy and cool again, and, of course, the legend of King Arthur.

BROWN: We will have to see.

Now, as Max talked about, Kate's parents are there visiting the baby, and I'm curious. How big of a role do you think her parents are going to play in raising the prince?

I know traditionally, historically, the in-laws haven't always played a big role. Is that right?

ARBITER: You're absolutely right. The in-laws don't often play a huge role, but William has been very keen since they married to make sure that the Middletons are close to Kate so she feels supported by them.

And he, in turn, loves their company. Just last Christmas, they spent Christmas with the Middletons. Royals don't do that. They're normally always with the queen. So I think they're going to have a huge impact on this child's life, the fact that they're the first grandparents there this morning to visit, Carole is the only living grandmother, so I think they're going to stay closely knit.

BROWN: Max, I want to go back out to you if you're still there because you have the unique perspective of being right outside of St. Mary's Hospital and you've been covering this story for us from the beginning.

Is Max still out there in front of the hospital?

FOSTER: Yeah, I am here.

BROWN: OK. OK, great. FOSTER: The Middletons are about to come out and they're going to speak to us. And I will be lynched by the photographers if I'm in their shot, so I'm out of the shot for you ...

BROWN: We certainly don't want that.

Well, Max, on that note, we're going check back in with you then in hopes that the Middletons will come out and speak to the cameras. Thank you so much.

And, Victoria Arbiter, thank you for being here with us and offering your unique perspective.

And here are some other stories that we're following this morning.

Al Qaeda has reportedly taken responsibility for a late-night jailbreak at two prisons in Iraq. One was at Abu Ghraib prison right outside Baghdad.

Militants attacked with mortars and grenades while inmates set fires on the inside. At least 21 inmates and eight guards were killed. More than 500 inmates escaped.

And Edward Snowden does not have the so-called security crown jewels. That's according to an official familiar with an assessment of what the admitted NSA leaker actually got his hands on.

An officials says Snowden didn't get vital details on international surveillance programs. Snowden faces charges in the U.S., but he remains in a Moscow airport waiting for a decision on his request for asylum in Russia.

Well, top guns deserve top pay, but the Air Force just can't compete with civilian airlines, and now, according to the "Los Angeles Times," that's led to a shortage of 200 fighter pilots this year. And it's only going to get worse.

Pentagon solution, for a nine-year commitment, it will pay a $225,000 signing bonus, guaranteed.

There was a big bang over the Ohio River this morning. There it was. That's the first part of the demolition of the old Milton-Madison bridge connecting Kentucky and Indiana.

The blast took out a (inaudible) section. The rest of the old bridge will be blasted away over the next few weeks, and a new bridge is already in place.

Runway Four at LaGuardia airport is back open after a plane's landing gear collapses. You'll hear from some of the passengers, up next.

(COMMERCIAL BREAK)

BROWN: Taking a live look here right outside the Lindo Wing at St. Mary's Hospital, this, of course, is where Kate Middleton, the duchess of Cambridge, gave birth yesterday. As we see, these are her parents, the first visitors to meet the little prince this morning, and we are expecting them to speak to the cameras.

Hopefully our Max Foster is there, keeping an eye on everything.

Max, are you there?

FOSTER: I am here. And they're about to come forward to a microphone. There's their taxi, but it hasn't worked smoothly to deliver this little moment.

They're actually going up to the microphone. They'll say a few words there and answer a couple of questions.

Let's hear what they have to say.

(BEGIN LIVE FEED)

CAROLE MIDDLETON, MOTHER OF KATE MIDDLETON: He's absolutely beautiful. They're doing really well. And we're so thrilled.

FOSTER: How are the parents doing?

MIDDLETON: Fabulously.

UNIDENTIFIED: (Inaudible)

MIDDLETON: Amazing. It's all coming back.

UNIDENTIFIED: (Inaudible)

MIDDLETON: Absolutely not, but thank you.

(END LIVE FEED)

FOSTER: Michael and Carole Middleton, they've just met their first grandchild for the very first time, a truly exciting moment for them. As you can see, they're pleased as punch.

They were the first visitors, Pam, to the hospital, and all indications are the family is well.

BROWN: Yes, and, of course, they looked very happy with those big smiles. You can imagine how proud they are.

And we're hoping, Max, to meet the -- to see the proud parents, to see the baby, maybe, perhaps tonight or more likely tomorrow. Is that right?

FOSTER: More likely tonight, I think, simply because the process of events is really speeding up at this point.

I think the duke and duchess are pretty desperate to get out of the hospital and stop putting this pressure on the hospital.

And by all accounts, everyone's pretty well in the family, so why stay in longer than they need to?

So I do expect them to come out tonight, our time. I would say the absolute earliest, Pam, about two hours from now.

I'll probably expect to see some members of the royal family to turn up as well to complement the Middletons' visit before the actual couple come out.

And we're also expecting to here from Prince William at some point in exactly the same position that you saw the Middletons at today.

BROWN: Right. Well, keep us posted, Max Foster. Thank you.

And shifting out focus to other news now closer to home, a runway at LaGuardia Airport is back open this morning after a plane skidded right off of it yesterday afternoon.

The front landing gear on the Southwest plane collapsed, and the jetliner was skidded into the grass, terrifying passengers who had no idea what was happening.

Our Poppy Harlow has the story.

(BEGIN VIDEOTAPE)

POPPY HARLOW, CNN CORRESPONDENT: You can see sparks flying as Southwest Airlines Flight 345 out of Nashville lands hard, sliding on its nose.

THOMAS BOSCO, GENERAL MANAGER, LAGUARDIA AIRPORT: The nose wheel specifically collapsed, the aircraft skidded down the runway on its nose and then veered off and came to rest in a grass area.

HARLOW: The 150 people aboard evacuated on emergency slides.

ROLANDO OCHO, PASSENGER: I thought it was just -- but I didn't realize what happened until I left the plane.

UNIDENTIFIED MALE: It was like getting smashed in a car wreck.

ANASTASIA ELLIOT, PASSENGER: Very chaotic. No one knew what was going on. Flight attendants crying.

HARLOW: According to the FAA, "The plane came safely to a stop at the edge of the runway. No injuries were immediately reported to air traffic control. The FAA is investigating."

UNIDENTIFIED FEMALE: We were sitting on the runway ready for takeoff. Everyone pulled out their phones and then there was this loud gasp because they saw the plane land.

HARLOW: Ten non-life threatening injuries were later reported, but the scare comes on the heels of the crash landing of Asiana Flight 214 that left three dead at San Francisco International Airport earlier this month. Three people died. The incident at LaGuardia closed the airport to incoming flights for just over an hour, but caused a ripple effect of flight delays. These photos obtained exclusively by CNN showed the scene inside the airport lounge where passengers waited hours for luggage from the stranded plane.

And this morning, many passengers from other canceled flights were still waiting.

UNIDENTIFIED FEMALE: They rebooked me this morning on a flight out which now I'm finding out, which I confirmed on the way over, was supposed to be out of LaGuardia but now is out of JFK.

HARLOW: So now you have to go to JFK.

UNIDENTIFIED FEMALE: Right.

HARLOW: And somehow you have to get to Chicago and L.A. today.

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED MALE: We had to find a hotel. Then they threw your luggage off in the concourse. You had to dig your luggage out.

HARLOW: At 6:59 this morning, Runway 4 reopened. The disabled Southwest Airlines plane was taken to a hangar for investigation. Southwest said in a statement it's cooperating with local authorities and the NTSB has been notified.

(END VIDEOTAPE)

BROWN: And our Poppy Harlow is live for us from LaGuardia Airport. Poppy, what's the latest on the NTSB?

HARLOW (on camera): Hey there, Pamela. Well, we know that the NTSB is here on the ground. We know that they have at least one person here. What they are doing is they're assessing the incident to decide if they're going to open a formal investigation or not.

We also know they have taken that plane from the runway over to an American Airlines hangar to investigate it. And on top of that, the NTSB has removed the data recorders from the plane, from the cockpit. They're sending them to their labs in Washington, D.C., to get a readout of exactly what the pilots said as it was happening. We want to know exactly when it happened, if there was any warning, before we can know possibly if this was preventable or not.

So a lot of questions but the NTSB is looking into it. Not sure if there's going to be one of those big formal investigations in it yet, though. Pam?

BROWN: Not like the one in San Francisco, I wouldn't think. All right, Poppy Harlow, thank you so much.

Well, was San Diego mayor's a little too hands on with his staff? At least one woman says yes. And she alleges it wasn't just the mayor's hands that were acting inappropriately. I'll have a live report next.

And then later, the story behind this incredible picture of men and women trying to push a train car away from a trapped passenger. That story and more, up next.

(COMMERCIAL BREAK)

BROWN: San Diego calls itself America's finest city, but there's a dark cloud hanging over city hall right now, because the mayor is under fire for allegedly sexually harassing female staff members. CNN's Tory Dunnan has the story.

(BEGIN VIDEOTAPE)

IRENE MCCORMACK JACKSON, SUING MAYOR FOR HARASSMENT: He had asked me to work without my underwear on. I saw him place his hands where they did not belong on numerous women.

TORY DUNNAN, CNN CORRESPONDENT (voice-over): Irene McCormack Jackson is coming forward with graphic charges of sexual harassment against San Diego Mayor Bob Filner. She says working as the mayor's communications director was the worst six months of her entire career.

MCCORMACK JACKSON: I was placed in the Filner headlock and moved around as a rag doll while he whispered sexual comments in my ear.

DUNNAN: McCormack Jackson is the first alleged victim to show her face in a scandal that surfaced nearly two weeks ago when a former city councilwoman said she had evidence Filner engaged in inappropriate behavior with some women.

We've reached out to the Mayor's office for an on-camera interview, but so far they've declined our request for an interview.

But in a new statement, Filner says, quote, "I do not believe these claims are valid. That is why due process is so important. I intend to defend myself vigorously and I know that justice will prevail."

Just last week, the 70-year-old Democrat posted this video acknowledging he needed help.

BOB FILNER, MAYOR OF SAN DIEGO: I am embarrassed to admit I have failed to fully respect the women who work for me and with me.

DUNNAN: But he hasn't admitted to claims of harassment. Filner's fight goes on amid growing calls for his resignation.

TODD GLORIA (D), SAN DIEGO CITY COUNCIL PRESIDENT: This is not a partisan thing. This is a right and wrong thing. Sexual harassment is wrong.

DUNNAN: Bottom line, what do you want to happen?

KEVIN FAULCONER (R), SAN DIEGO CITY COUNCILMAN: The Mayor needs to resign and the Mayor needs to resign immediately. We can't be America's finest city with America's worst mayor. MCCORMACK JACKSON: He is not fit to be Mayor of our great city.

(END VIDEOTAPE)

BROWN: And Tory Dunnan joins me live now from San Diego. Tory, in your piece, you mentioned that Irene McCormick Jackson is the first alleged victim to have come forward. Do we know how many others there are?

DUNNAN: So Pamela, by our count, at least two. That's by looking at the various news conferences that have taken place over the past two weeks or so. But I did ask that exact question yesterday to the attorney and so far no one wants to give a response.

But Pamela, what I can tell you is that the sheriff's department has set up a hotline where people can call in anonymously with these claims, these allegations of sexual harassment, against the Mayor. And this morning, Pamela, a spokeswoman for the sheriff's department is just saying that they have received calls, though she's not giving that exact number.

BROWN: All right. Tory Dunnan for us in San Diego, thank you for that report.

Katherine Jackson grilled on the witness stand in the wrongful death lawsuit of her late son, Michael Jackson. Did she know he was using or abusing drugs? We go live to Los Angeles, up next.

Plus, we all know Beyonce can sing, but imagine her reaction when her hair gets stuck in a giant fan in front of the thousands of screaming fans. The whole thing was caught on tape. We have the video for you right after this break and her reaction, oh, it may surprise you.

(COMMERCIAL BREAK)

BROWN: In the Michael Jackson trial, the key question is who hired Dr. Conrad Murray, the doctor found guilty of involuntary manslaughter in the singer's death from an overdose. But yesterday, all eyes were on the pop star's mother, Katherine Jackson, as she returned to the witness stand.

Casey Wian has more.

(BEGIN VIDEOTAPE)

CASEY WIAN, CNN CORRESPONDENT (voice-over): Michael Jackson's mother endured a second day of confrontational questioning from the attorneys of AEG Live, the company she and Jackson's children are suing for billions of dollars over the singer's death. Defense attorney Marvin Putnam displayed a letter signed by Katherine Jackson and some of Jackson's siblings calling a 2007 magazine report about Michael Jackson's prescription drug abuse a lie.

Putnam asked Mrs. Jackson, was it a lie at the time to say your son had a problem with prescription drugs? She responded, yes, because I didn't know he had a problem. But earlier, Katherine Jackson admitted attending an attempted family intervention at Michael Jackson's Neverland estate five years earlier.

MARVIN PUTNAM, ATTORNEY, AEG LIVE ENTERTAINMENT: She's now looking to blame someone else for the very things she and her family knew, and that's why those questions were asked.

WIAN: The Jackson family matriarch has appeared confused, tired, and irritated on the stand.

BRIAN PANIS, JACKSON FAMILY ATTORNEY: I think for being as old as she is, 83 years old, I think she did a great job trying to answer the questions. She didn't remember everything, but I think it was clear what happened.

WIAN: AEG Live, which promoted what was to be Jackson's big comeback concert series is trying to show there was no way it could have prevented Michael Jackson's drug overdose death, when even his own family couldn't.

The trial has been filled with dramatic moments, including intimate home videos of Jackson and his children.

UNIDENTIFIED MALE: I'm Daddy's baby and I love my daddy!

WIAN: And testimony from Paris Jackson, who is recovering from a suicide attempt.

(END VIDEOTAPE)

BROWN: And Casey Wian joins us live from outside the courthouse. Casey, Mrs. Jackson admitted knowing Michael took pain pills and even admitted that she attended an intervention because the family was so concerned about his drug use. So in light of that, how damaging do you think that is to this trial?

WIAN: Well, it really depends on whose perspective you're looking at this from. Attorneys for AEG Live spoke with reporters after the testimony concluded yesterday, and they said that they were able to expose inconsistencies in Katherine Jackson's testimony and also showed that what the family is trying to do, in their words, is to try to blame someone else for Michael Jackson's drug abuse and ultimately his death, something that his family knew about for decades or over a decade and couldn't do anything about.