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Snowden Leaves Moscow Airport; Zimmerman Stopped for Speeding; Ariel Castro Appears in Court

Aired August 01, 2013 - 09:00   ET

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

CAROL COSTELLO, CNN ANCHOR: NEWSROOM starts now.

Good morning. Thank you so much for being with me. I'm Carol Costello. We want to welcome our viewers around the world.

We begin this hour with breaking news out of Moscow. Edward Snowden has left the airport. That is according to the NSA leaker's Russian lawyer. He tells CNN that Snowden's application for political asylum has been approved and that he can now legally stay in Russia for one year.

So let's head to Moscow now to find out the latest. CNN's Phil Black is there. Phil, tell us more.

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: Carol, as you say, he's left the airport now for the first time in more than five weeks. He's crossed through the migration zone and officially entered Russia.

The significance of this is in the detail. He has not just entered the country through a period of time while his application is being considered. He has received approval for that temporary asylum application, which gives him the right to stay in this country for one year with the option of extending at the end of that year and having all the same rights and freedoms as Russian citizens.

He can move around the country, he can move internationally so if he so desires as a Russian citizen would be allowed to do.

So far we have not had any official comment from the Kremlin on this, but we do know that this is the one step that the United States was desperate for Russia not to allow to take place. They didn't want him to leave the airport. They certainly did not want him to receive any sort of official protection or asylum here because what it effectively does is rules out in the short term any chance of him being returned to the United States to face those criminal charges -- Carol.

COSTELLO: I was just going to ask you about that, Phil. The attorney general of the United States Eric Holder just wrote a letter to the Russian authorities last week saying the United States wouldn't seek the death penalty against Snowden and calling the reasons he was requesting asylum unfounded. So is this a slap in the face to the United States? Did Russia mean to do this?

BLACK: You'd have to think that it's not going to be received well by the United States. This is not going to do good things for their relations.

Russia has said all along that no, we won't send him back, but at the same time has tried to maintain this very difficult balancing act, almost a contradictory position by saying at the same time we don't want this to damage relations between the two countries. And they've said that has been a primary concern without.

And we believe that's why Snowden has been forced to remain in the transit area throughout this time because of the ongoing talks between the two countries because the pressure that the United States has been applying on Russia to avoid. This very circumstance.

Just this week, President Putin's spokesman said that negotiation talks were ongoing on this issue at the level of the FBI and Russia's federal security service, but we also know that ministers have been talking at this same level as you just mentioned. So we know that there has been a conversation.

What this means is that either those talks have broken down or, perhaps more incredibly, this allowing Snowden to leave the airport is in some way part of a negotiated compromise between the two countries, but that certainly doesn't seem likely at this point -- Carol.

COSTELLO: All right. So let's head to Washington.

Phil Black, many thanks to you.

Let's head to the White House now. Dan Lothian is there.

Dan, any word from the White House yet?

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: No official word from the White House. I've reached out to a number of officials there, senior administration officials, when that news broke. We do expect that there will be some kind of reaction, but nothing at this point.

What we do know is that clearly this is not the resolve that the White House had wanted. For some time now White House officials have been talking to the Russians trying to force them to have Snowden brought back here to the United States to face those charges for leaking classified information.

White House officials, U.S. officials have not considered him a human rights activist. They have not thought that he was a dissident. They simply feel that he needed to answer to those charges, as you pointed out, that the attorney general here had revealed some months ago.

It's unclear what the reaction will be from the White House, but, again, this is certainly going to have some kind of an impact on a relationship that for some time now has been quite fragile between the United States and Russia -- Carol.

COSTELLO: All right. Dan Lothian, thanks so much.

WikiLeaks also weighing in on Snowden's departure on Twitter. The group known for leaking secrets says the NSA leaker is now under the care of one of its representatives.

CNN's Atika Shubert is following that angle from London. Atika, WikiLeaks has been tweeting like mad this morning.

ATIKA SHUBERT, CNN INTERNATIONAL CORRESPONDENT: They have been tweeting like mad. In fact, they've put out this initial statement saying, quote, "We would like to thank the Russian people and all those others who have helped to protect Mr. Snowden. We have won the battle, now the war."

Now remember WikiLeaks was actually a part of his escape from Hong Kong as it were when he boarded a plane to Moscow and it was actually with a WikiLeaks staffer all along, and he's been at the Moscow airport all along with Sarah Harrison who is a WikiLeaks staffer.

So WikiLeaks has really advised Edward Snowden throughout this process of trying to gain asylum and clearly they're taking credit as well now for this. Where he goes from here, if he's going to stay in Russia for the year as his temporary asylum allows or if he's going to continue and asks for asylum in Venezuela or Ecuador is the next question. WikiLeaks hasn't said anything on that yet -- Carol.

COSTELLO: All right, Atika Shubert, reporting live for us from London. Thanks so much.

On to our other big story today. Ariel Castro's sentencing. It is happening this hour in an Ohio courtroom.

(BEGIN VIDEOTAPE)

COSTELLO: Breaking right now, Amanda Berry, Michelle Knight, Gina DeJesus.

AMANDA BERRY, KIDNAPPING SURVIVOR: Help me, I'm Amanda Berry.

UNIDENTIFIED MALE: Do you need police, fire or ambulance.

BERRY: I need police.

COSTELLO: Three Ohio women who escaped the torture and wrath of a monster finally face their rapist and kidnapper in court for sentencing.

MICHELLE KNIGHT, KIDNAPPING SURVIVOR: I may have been through hell and back, but I am strong enough to walk through hell with a smile on my face.

COSTELLO: Brand new details coming out this morning. The three women keeping a diary during their captivity, telling tales of courage, hoping to escape, to be reunited with their families.

LYDIA ESPARRA, WEEKEND ANCHOR, REPORTER, WOIO: If Gina was getting in trouble, she was stepping in to protect her. She became almost their protector.

COSTELLO: And a hand-written note for America's support. "Just when the caterpillar thought the world was over, she became a butterfly."

BERRY: First and foremost, I want everyone to know how happy I am to be home with my family, my friends.

(END VIDEO CLIP)

COSTELLO: Of course, that was Amanda Berry who was abducted by Ariel Castro back in 2003. Today in a Cleveland courtroom Castro will be officially sentenced to life in prison for his crime.

Supposedly Castro was prepared to apologize to his three victims and we're told we may see the other side of Ariel Castro.

Also expected to speak in court, Michelle Knight. Another one of the women Castro held captive. Knight, who police say was Castro's punching bag, is standing strong. She wrote a thank you note to Cleveland Police, saying, quote, "Dear Commander (INAUDIBLE), officers and staff, you don't know how much I appreciate all your time and work collecting cards and gifts from people for me and the other girls. I am overwhelmed by the amount of thoughts, love and prayers expressed by complete strangers. It is comforting. Life is tough, I'm tougher. Just when the caterpillar thought the world was over, she became a butterfly. Thanks. God bless you."

From Michelle Knight to the Cleveland Police Department.

With me now for some analysis, Tanya Miller, a former prosecutor, Page Pate, a criminal defense attorney, in Columbus, Ohio, Douglas Berman, a law professor at Ohio State University.

Welcome to all of you. First though, as we wait for the sentencing hearing to begin, let's head live to Cleveland and CNN's Pamela Brown. Pamela, can you set the scene for us?

PAMELA BROWN, CNN CORRESPONDENT: Well, Carol, it is a packed courtroom. Packed to the brim. Our Martin Savidge is in the room right now as his sentencing is about to get under way any moment now and this is what we know so far.

We're told by Amanda Berry and Gina DeJesus' attorney that they will not be attending the sentencing but that they will be represented today and also hearing from sources that Michelle Knight could be making an impact statement. She could be doing that in the courtroom. Facing her captor. She also has the option of doing it over video.

Also we have learned, Carol, that Barbara Johnson, one of the first responders out on the scene when the women escaped, will be the first to testify. Barbara Johnson is the one that Michelle Knight jumped up and hugged. She was one of the first people Michelle Knight ever saw after being in captivity for more than 10 years.

And also, Carol, we're learning more from pre-sentencing statements from the prosecutor's office how Castro terrorized these women and how the women kept diaries to maintain a sense of normalcy.

(BEGIN VIDEOTAPE) BROWN (voice-over): Prosecutors filed a sentencing memorandum Wednesday detailing how Ariel Castro kidnapped Amanda Berry, Gina DeJesus and Michelle Knight, and the horrific physical, mental and sexual abuse they endure daily.

According to court documents, he let the three women keep a diary during captivity. They describe the abuse and dreams of some day escaping and being reunited with family.

ARIEL CASTRO, PLED GUILTY TO 937 COUNTS: My addiction to pornography and my sexual problem has clearly taken a toll in my mind.

BROWN: Castro also admitted to having the girls chained by their ankles with only one meal a day, showering infrequently, while he had sexual assaulted them. He also said he had other victims and that some of them made it home but that others had not. And a plea deal that took the death penalty off the table Castro pleaded guilty to more than 900 counts including kidnapping, rape and murder for terminating Michelle Knight's pregnancies.

KNIGHT: I may have been through hell and back, but I am strong enough to walk through hell with a smile on my face.

BROWN: Sources say Knight will likely make an impact statement in court. Face to face with her captor for the first time since their dramatic rescue nearly three months.

BERRY: Hello, police. Help me, I'm Amanda Berry.

PAUL CALLAN, CNN LEGAL ANALYST: Sometimes the sentencing process is a form of catharsis for the victim of the crime.

BROWN: Castro, too, will finally share his side. His attorney says he could apologize to his victims.

Michelle Knight, thanking the Cleveland Police Department with this handwritten note, saying, "Just when the caterpillar thought the world was over, she became a butterfly."

(END VIDEOTAPE)

BROWN: And today during the sentencing authorities will be presenting physical evidence taken from Ariel Castro's home. We're also going to see pictures, we're going to hear from several witnesses and testimony from psychologists, and also they're going to use a model of Ariel Castro's home and investigators are going to walk the judge through what happened in each room of Ariel Castro's home.

That's going to be a centerpiece of today's sentencing. It should be a long day lasting until at least 1:00 p.m. Eastern Time, and, again, we're expecting to hear from Ariel Castro, as well as Michelle Knight. Of course that could change, but that is the expectation as of now -- Carol.

COSTELLO: It's going to be an emotionally wrenching day for many people. Pamela Brown, and I know you're going to be watching the court from Cleveland so you stick around, we'll get back to you.

I want to bring in our panel of experts one more time. Tonya Miller, a former prosecutor, Page Pate, a criminal defense attorney, and in Columbus, Ohio, Douglas Berman, a law professor at Ohio State University.

Douglas, I want to start with you because perhaps a lot of our viewers are wondering why Ariel Castro has to say anything at all. He's already accepted a plea deal, he's going to spend the rest of his life behind bars. Why must he say anything?

DOUGLAS BERMAN, PROFESSOR OF LAW, OHIO STATE UNIVERSITY: He doesn't have to say anything. He could stay silent. Lots of times lawyers will advise clients to stay silent at sentencing, but he does have a right to speak, if he wants to. And it seems as though, at least from the reports, that he wants to say something, especially because the sentence has already been determined by the plea agreement.

It's much more for its symbolic effect and I think that's where the drama is. Not whether it will affect the sentence, but just what he is going to want to say, again, because he doesn't have to speak, but it seems as though he wants to say something.

COSTELLO: So before he speaks, I would assume, Page, that prosecutors will take us through some of what happened in that house and that's why they have the model of that house in court today.

PAGE PATE, CRIMINAL DEFENSE ATTORNEY: Right. They will generally do that in a sentencing hearing especially when a sentence is unknown. Now in this case, we know exactly the sentence that Castro is going to get, but I think it's important for the prosecution to still go through this evidence. They have a right to do it. Mr. Castro has a right to speak.

And so this way the public is going to see more of the evidence that they had developed and were prepared to present at trial if they needed to.

COSTELLO: And I just want to warn our viewers before the proceedings begin that what the prosecutors will tell the world now, right? Will be tough to hear because I've read through the memorandum. It was put out by the state of Ohio and some of the details in that, Tonya, are mind-blowingly awful.

I can't even -- you know, it describes how the women were chained and kept in darkened rooms and how they were raped repeatedly, and how Ariel Castro managed to control them enough so they didn't even try to escape.

TONYA MILLER, FORMER PROSECUTOR: Yes, absolutely. I mean, that is what I think has people so just emotionally riveted by this case. The idea that this man took three girls and kept them for a decade, tortured them, raped them repeatedly. It is just -- it's mind blowing. And I think people have asked sort of why are we having this sentencing hearing? Part of it is to give I think the victims an opportunity to make a victim impact statement.

We didn't have that at the plea deal. I think because we were kind of coming close to the wire with the agreement so the victims didn't have an opportunity. They have had an opportunity to do that. We might hear from Michelle Knight and this is often a time for victims to really assert themselves, the process is often about the defendant.

At this moment, they get to speak for themselves and it is often cathartic for them and just an ability for them to get closure. So we're hoping to see that from Michelle Knight.

COSTELLO: Well, Douglas, I was actually surprised that Michelle Knight may appear in person in this courtroom and face her attacker because, if you read this memorandum, you learn that Michelle Knight was really was his punching bag. I mean she put herself between the other victims in some cases to protect them against Ariel Castro.

It also details how she became pregnant and Ariel Castro made her do jumping jacks and knee bends and starve her so that she would abort the baby. Just horrible things, and I just can't imagine the courage it will take for her to appear in person in this courtroom.

BERMAN: That's absolutely true. And what this case highlights is that different victims have different approaches to dealing with, you know, these kinds of horrific crimes. And remarkably, Miss Knight is not only prepared to, but I suspect will speak in a way that will, you know, break all of our hearts but at the same time, show the strength that I think all the victims here had to demonstrate throughout their captivity, to hang in there and deal with this just, you know, almost inconceivable duration and extent of abuse.

And that's, you know, itself, as another guest mentioned, what this hearing allows, is an opportunity for the prosecutors and the victims to articulate and showcase in this public setting just what this crime was all about and why this extraordinary sentence is justified given what Mr. Castro did.

COSTELLO: I just want to go back to the model of that house because it seems to me so unusual to have something like this in a sentencing hearing.

Page, am I right?

PATE: You're right. It's unusual, especially when we already know what the sentence is. If this was something the judge had to look into the facts and try to figure out what happened to try to impose a sentence that was appropriate for the crime, then it makes sense. We'll hear an extended sentencing hearing when we don't know what the outcome is.

But this is a plea agreement. We all know what the outcome is going to be. This is not necessary. I don't think it's going to help the judge make his decision. Perhaps it's just something the prosecutors want to do, and the victims consented to it, obviously.

COSTELLO: All right. We're going to come back live to our coverage in this Cleveland courtroom and to our analysis of what's going to happen. But, first, we have to take a break. We'll be back with much more.

(COMMERCIAL BREAK)

COSTELLO: Nineteen minutes past the hour. Welcome back.

We are monitoring things in Cleveland, Ohio. Inside that courtroom, Ariel Castro will soon enter that courtroom and this is the sentencing hearing, the sentencing phase of his trial. We already know he's accepted a plea deal, but this is the way it's done, according to the law in the state of Ohio. When the proceedings begin, of course, we'll take you back live to Cleveland.

But now, let's check other top stories this morning. Edward Snowden has finally left the Moscow airport. That's according to the NSA leaker's Russian lawyer. He tells CNN that Snowden's application for political asylum has been approved and that Snowden can now legally stay in Russia for one year.

Later today, President Obama is set to meet with members of Congress to discuss the government's controversial phone and Internet spying program. The meeting comes a day after Britain's "Guardian" newspaper revealed yet another set NSA program. It's called XKeyscore. And it lets intelligence agency virtually everything a typical user does on the Internet. Edward Snowden says he leaked that information.

Kansas companies recalling more than 50,000 pounds of ground beef because of concerns it may be contaminated with E. coli. The meat was sold under the name National Beef. This is the second recall for the company this summer. In June, some 22,000 pounds of beef were recalled due to similar fears.

A Florida man is now recovering in a hospital, after being shot by police who mistook him for a car thief. Officers shot at Roy Middleton who was unarmed and in his driveway 15 times. They hit him twice in the leg. They say Middleton didn't follow orders. But Middleton says he thought police were joking. The deputies involved have been placed on paid leave, pending an investigation.

Another shooting in Florida still bears raw emotion for many Americans. The shooting death of Trayvon Martin by George Zimmerman. Now, the Smithsonian is reportedly interested in an item that has become a key symbol of that trial, the hoodie worn by Trayvon Martin.

"The Washington Post" reports the National Museum of African-American history and culture, part of the Smithsonian, is interested in acquiring that sweatshirt once the Justice Department ends its investigation.

In the meantime, George Zimmerman has resurfaced for the second time since his acquittal for the death Martin, this time in Texas, where Zimmerman was pulled over for speeding.

John Berman has more for you.

(BEGIN VIDEOTAPE)

JOHN BERMAN, CNN CORRESPONDENT (voice-over): This pickup truck pulled over for speeding. Behind the wheel, George Zimmerman.

(INAUDIBLE)

POLICE OFFICER: Nowhere in particular? Why do you say that?

The reason for your stop is for your speed, OK? Why don't you slow down a little bit for me?

BERMAN: Zimmerman informs the officer of the concealed weapon he keeps in his glove box.

POLICE OFFICER: Just take it easy, go ahead, and shut your glove compartment, and don't play with your firearm, OK?

BERMAN: After the incident, Zimmerman's brother tweeted about the reason George carries a weapon. "Our family receives many death threats. We all continue to take our security seriously, and to ensure our safety in accordance with the law."

PAUL CALLAN, CNN LEGAL ANALYST: Texas is a gun friendly state. They are very, very warm to the Second Amendment. And, frankly, if he is going to continue carrying a gun, he has picked a state where he is not likely to get in trouble for mere possession.

BERMAN: Zimmerman continues to be in the public eye. He made headlines after helping a family of four in an overturned vehicle on this road in Sanford, Florida, just days after he was found not guilty. The family involved shying away --

(END VIDEOTAPE)

COSTELLO: All right, John Berman, many thanks.

We had to step away from that story because, as you can see, Ariel Castro has now entered that Cleveland courtroom. He is about to sit down.

And, Page, take me through this. Prosecutors will, what? They will outline the case against Ariel Castro, once again. And then, Castro will get a chance to speak.

PATE: That's normally how it happens in the sentencing hearing. Give the prosecution, give the state an opportunity to lay out the facts of the case. Almost the way they would have presented it at trial.

Then, the judge will turn to Mr. Castro and his lawyers and give them an opportunity, if they want to, to call the witnesses or at least let their clients speak. That's the way it normally occurs and I expect that will happen here.

COSTELLO: And, Douglas, this is likely to last a few hours, right?

BERMAN: I think it depends on how long the prosecutors want to lay out their case. Again, this is a bit unusual because we already know the sentencing outcome. But the presentations are going to be an effort, I think, by both the prosecution and defense to explain both the facts that so many people are curious about how this crime took place and understanding, perhaps, from the defense team of an explanation.

And so, that could extend a long time or go could relatively quickly, though, I expect the prosecutors will spend a considerable amount of time trying to show case the scope and extent of Castro's horrific crimes.

COSTELLO: Yes, let's listen for a second.

(BEGIN LIVE FEED)

JUDGE MICHAEL J. RUSSO, CUYAHOGA COUNTY COURT: All right. We're here this morning for sentencing of the case (INAUDIBLE) Ariel Castro.

Mr. Castro, have you had the chance to speak with your attorney since last Friday when you were in court?

ARIEL CASTRO: I have not.

RUSSO: Have they discussed with you your rights to the sentencing and the procedures to be followed?

CASTRO: Yes, they have.

RUSSO: You do understand you have the rights to speak if you wish.

CASTRO: Yes.

(INAUDIBLE)

RUSSO: Now, along with your sentencing, there's a requirement (INAUDIBLE) sex offender notification (INAUDIBLE). And I have two forms that will return (INAUDIBLE) offenses. There are two periods of reporting with parts, two sets, one with the aggravate law, one with the other half of both laws (ph). There are separate forms completed.

So, have you had a chance to discuss at each of these forms and the requirements with your attorney?

CASTRO: Yes, I have.

RUSSO: Show you the forms, and are these your signatures in blue ink on both of the forms?

(END LIVE FEED)

COSTELLO: All right, let's -- Tanya, I just want you to button this up for us before we head to break. Michelle Knight, one of Ariel Castro's victims, is expected to come into court and say a few words. Where is she at this time, do you suppose?

TANYA MILLER, FORMER PROSECUTOR: Well, she's living, as I understand, with family members --

COSTELLO: No, I mean before court. I mean, she won't hear what's going on today.

MILLER: Oh, physically. Oh, OK. She might be sitting outside the courtroom. She might be in a room adjacent to the courtroom watching the proceedings or hearing the procedures as they unfold. And as I understand it, she is the one really looking forward to being the voice of the victims in this case and we saw that letter she wrote. We get a sense of her spirit.

So, I really think she is eager to put a period at the end of this chapter in her life by speaking today.

COSTELLO: Some closure, right?

MILLER: Absolutely.

COSTELLO: All right. We're going to take a break. We'll have much more from Cleveland for you when we come back.

(COMMERCIAL BREAK)