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Boston Bombing Court Hearing; Whitey Bulger Juror Speaks Out

Aired August 13, 2013 - 15:00   ET

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

BROOKE BALDWIN, CNN ANCHOR: Top of the hour. I'm Brooke Baldwin.

And now to an exclusive interview you will only see right here on CNN.

Our correspondent Deborah Feyerick is in Boston. She just sat down with one of the jurors in the federal racketeering trial of former Boston mob boss James "Whitey" Bulger. That jury just yesterday found Bulger guilty of 31 of those 32 counts he was facing, including involvement in multiple murders.

I want you to hear now what juror number 12 told Deborah as far as the trial now being over.

(BEGIN VIDEO CLIP)

JANET UHLAR, WHITEY BULGER JUROR: The challenging parts were the testimonies themselves often, in that you had people that were criminals giving testimony that took plea agreements. So you weren't sure what you could believe or what you couldn't believe.

And some of the acts especially, that's all we had was the testimony of these individuals, and trying to find a testimony outside of that sometimes was difficult and would have been the reason for some of the not provens. We just didn't have enough.

DEBORAH FEYERICK, CNN CORRESPONDENT: So is it fair to say that aside from the testimony, there was no supporting evidence of any kind?

UHLAR: In some cases, definitely, yes.

FEYERICK: Was it difficult for you as a juror to mark not proved on some of the murders?

UHLAR: On a couple of them. No, I guess I have to say it the other way.

FEYERICK: OK. So how would you describe it? Because there were 19 murders.

UHLAR: Right.

FEYERICK: You found enough evidence on 11, not enough on seven and one no finding.

UHLAR: No finding. Some of them, I -- they probably were just divided half and half in a very real sense, as far as half of us having trouble with testimony and the other half not having so much trouble with it.

So, you know, holding out and trying to say, well, can you say proven without reasonable doubt? I mean, can you really say that without reasonable doubt? And it got down to that a lot for us, and we would hash that back and forth, until, you know, one side or the other would say, well, yes, yes, I guess I can see that. So, you know, we all were giving and taking and communicating and trying to come together on it as often as possible.

And with only the one no finding, I thought that was quite remarkable, you know? So we're glad the judge was happy with that and didn't send us back.

(END VIDEO CLIP)

BALDWIN: Juror number 12 sitting down exclusively with Deborah Feyerick. It took them five days to reach the verdict that was read just yesterday.

We should tell you the sentencing phase for Whitey Bulger begins November 13. And he faces life in prison.

Now to an update on that huge sinkhole that swallowed part of the resort complex near Disney World in Florida. The security guard who led dozens of guests to safety is now being hailed a hero. No one was injured despite what you're looking at. No one was hurt when this building collapsed, even though the people inside had near minutes to run to safety.

Guard Richard Shanley talked about the terrifying collapse to our correspondent there, Martin Savidge, describing what exactly it was he did to get these people, these kids out there safely.

(BEGIN VIDEO CLIP)

RICHARD SHANLEY, SECURITY GUARD: I just did my mob. I thought about everybody else before I thought about myself.

MARTIN SAVIDGE, CNN CORRESPONDENT: How did it begin? Tell us that.

SHANLEY: I was driving down the street and I was flagged down by a guest telling me they had a problem, they kept hearing noises, popping and cracking noises in the building. And then I heard glass shattering from the second and third floors.

SAVIDGE: So as a security officer, you're thinking what?

SHANLEY: I thought it was a domestic disturbance. Somebody had gotten mad at somebody and busted a window.

SAVIDGE: A fight inside the building.

SHANLEY: Yes, sir, a fight in the building.

SAVIDGE: But it was...

(CROSSTALK)

SHANLEY: It was more than that.

And then I hear people coming down, hollering, hey, we have got a problem, the building is falling apart. And at that time, I looked down the breezeway, and like I said I could literally see the building coming down in pieces.

SAVIDGE: So, you start to see this building sink?

SHANLEY: Yes, sir.

SAVIDGE: Did you know it was a sinkhole?

SHANLEY: No, sir, I did not.

SAVIDGE: What were you thinking?

SHANLEY: I honestly didn't know what to think it was. I just knew the building was coming apart. I had no understanding, no reason, no why of why it was happening.

SAVIDGE: But you acted.

SHANLEY: Yes, I did.

SAVIDGE: And what did you do?

SHANLEY: I went door to door just beating on the doors trying to get people out and making sure they were safe. I went floor to floor, got everybody out. At the time I got done, I really didn't think about it. I just got them out and then got myself out.

SAVIDGE: We have to remind people, it was late at night.

(CROSSTALK)

SHANLEY: It was 11:00 at time.

(CROSSTALK)

SAVIDGE: This is not a time when people are normally around.

SHANLEY: No, sir, there was people sleeping in rooms. I physically had to wake them up and get them out of the building.

SAVIDGE: What was their reaction?

SHANLEY: They thought I was kidding. They thought it was a joke. I said, this is no joke. You could look down the hallway and see it. They looked down and they got devastated. I took them out each end of the stairwells. I wasn't going to let them come out through the breezeway. I said get out to the stairwells as quick as you can. Don't worry about grabbing your stuff, just get out.

(END VIDEO CLIP) BALDWIN: Right now, engineers are checking the rest of the property just to make sure it's safe. The resort is about 10 miles from Disney World and that part of Central Florida is known as sinkhole alley.

Martin Savidge, thank you.

To San Diego. The mayor there, Bob Filner, is challenging a recall vote by highlighting some of the progress the city has made during his term, signaling yet again zero intention of resigning. In a statement released by his attorney, Filner says this in part -- quote -- "Now is not the time to go backwards, back to the time when middle-class jobs and neighborhood infrastructure were sacrificed to downtown special interests. We need to continue to move forward."

In that statement, Mayor Filner went on to tout several of his accomplishments. He did not address the sexual harassment allegations he is now facing from 11 different women. The head of the effort to recall Filner says the response was not received by the official recall campaign nor is it signed as required by law. He calls Filner's reply, one word here, unacceptable.

The Department of Justice accused the major airlines today of cooperating, not competing, and it went to a court to try to block the planned merger of American Airlines and U.S. Airways.

Alison Kosik is live for us now, there she is, at the New York Stock Exchange with this.

Alison, the government let Delta and Northwest merge. It allowed Continental and United to merge, so what's different with this one?

ALISON KOSIK, CNN CORRESPONDENT: What's different? Well, what's different is the economy. The landscape right now is very different now.

Delta, the Delta, United deals that you mentioned, they happened during or right after the recession. It was very different then. The automakers were getting a bailout. Banks were going under and airlines were losing money. The thinking back then was airlines had to merge to survive. Well, guess what?

Now is not so much the case. Even though American is bankrupt, even the Department of Justice says it can still emerge from bankruptcy without U.S. Air. What has happened is the DOJ has filed a lawsuit to try to block this merger of American and U.S. Airways, with the Department of Justice basically saying consumers, if this goes through, will be paying higher airfares, higher fees and have fewer choices.

If this goes through, it's kind of interesting to think about just how the landscape has changed so much, Brooke. Back in 2001, there were 10 airlines. If this one goes through, we'd be left with four major carriers, Delta, Northwest, Southwest, and possibly a combined American-U.S. Air.

The DOJ is especially worried about local markets, saying if you just look at Washington Reagan National Airport, the American-U.S. Air deal, if that merged, that airline, it would control about 70 percent, 70 percent of all takeoff and landing slots just at that one airport -- Brooke.

BALDWIN: So then does American, does U.S. Air fight this? What's next?

KOSIK: Well, that's exactly what they're doing. American and U.S. Airways, they are vowing to launch what they call a vigorous defense.

They clearly want this deal to go through, putting out in a joint statement saying that blocking this what they call pro-competitive merge will deny customers more choices. But there is another option here. The government, it could get on board if American and U.S. Airways, if they make concessions.

To give you an example, if they give up maybe some of their routes, because that's what actually the E.U. did, the European Union with this deal. It actually made the carrier drop some spots, actually its route from Philly to London to make room for competition. We will see if there will be any give and take. But what everybody thought was sort of a done deal really isn't. You will have to see this deal go through the whole regulatory process. It's certainly not a done deal.

You're seeing investors shaken a little bit. We're seeing U.S. Airways stock down more than 12 percent -- Brooke.

BALDWIN: Alison, thank you very much.

And now to just a tragic story out of Atlanta. The father of a man who fell to his death at Turner Field last night is being quoted today as saying the stadium in Atlanta has an engineering flaw.

We now have a picture of this young victim. Here he is, 29-year-old Ronald Homer. His families says Homer was 6'6''. It was last night just as a lengthy rain delay was ending Homer apparently fell from an upper deck stairwell onto the stadium parking lot. You see it spotlighted here.

This is the stadium parking lot that is actually reserved for the players themselves. Police have called it, and I'm quoting police, apparently accidental. But they are still talking to witnesses here, clearly the investigation ongoing.

Keep in mind, this is not the first fatal fall at a Major League park. Back in 2011, there was a fall in the ballpark at Arlington in Texas prompting the Texas Rangers to raise the height of their stadium's rails.

Ronald Homer's father is saying that the rails at Turner Field are too low. Homer fell from an exterior rail, not one that actually faced the ball field.

But let's talk about this and maybe what can be done.

Attorney Steven Adelman is a venue safety expert. Steven, nice to see you. Let's just concede up front, while incredibly tragic, accidents happen, but I would like to know from you are ballparks, arenas, coliseums, are they doing all that they can to make the venues safe especially when it comes to the railing?

STEVEN ADELMAN, VENUE SAFETY EXPERT: Are they doing all they can?

Certainly, they could always do more. We could armor plate these building. We could set up cages around each person. There's always more that can be done. I think really the question is are they doing what they should be doing given the way fans behave normally inside their buildings?

Now we look at what happened at Turner Field last night. That man wasn't facing the ball field at all. Immediately we have something different which distinguishes it from every other incident, such as the one you mentioned, Shannon Stone falling to his death at the Rangers ballpark at Arlington in 2011.

BALDWIN: So you appropriately point out that this was a different location, right? Go ahead. The issue is what?

(CROSSTALK)

ADELMAN: The issue really is are the railings sufficiently high given the way fans are reasonably foreseeable to behave in the traditional uses for that ballpark?

So we can start off with the obvious. We know that the railings meet code. Code is the international building code and we can be 100 percent confident that every railing at Turner Field meets code. That's a minimum standard.

It may be that given the way fans behave and in certain areas of the ballpark, maybe certain additional railing height is appropriate. Based on the photographs that I have seen, it appears the railing near where this man fell was greater than the 36-inch railing height requirement for that part of the ballpark.

So I think what can fairly be said at Turner Field is they're already doing more than they're required to.

BALDWIN: Wow.

ADELMAN: The analysis really is are they behaving reasonably given what people ordinarily do in that space?

BALDWIN: Quickly let me ask you this. We know this victim here was 6'6''. Would the height have a bearing in how one would tumble over said rail at all?

ADELMAN: Sure it would.

Your center of body mass is higher when you're tall and so railings have to balance the need to keep people safe with the obvious need to preserve sight lines. That, after all, is what gets people to go to the ballpark instead of sitting at home in their living room and watching it on TV.

The taller one is, the higher their center of gravity is, the more they have to be careful not to lean too far over.

BALDWIN: Awful. My heart goes out to this family. I think the game is still on tonight against the Phillies at Turner Field.

Steven Adelman, thank you so much.

Coming up next, a U.S. Marshal involved in the search for missing teenage girl Hannah Anderson speaks and her ultimate rescue speaking out. Up next, he describes the moment he saw the young girl and her captor.

(COMMERCIAL BREAK)

BALDWIN: Getting some new details about the rescue of 16-year-old Hannah Anderson straight from one of the rescuers who found her.

The U.S. Marshal who was part of the week-long search that stretched all the way from Southern California into the wilderness of central Idaho, he is speaking. He is describing the moment he spotted the 16- year-old and her captor, James DiMaggio.

(BEGIN VIDEO CLIP)

STEVE JURMAN, U.S. MARSHAL: So we circled the lake a few times and didn't see anything. And then all of a sudden there was a little glimmer of blue.

And then we were able to see that it was a blue tent. We were actually able to verify that it was a male and a female with blonde hair and a small animal, so at that point we knew we had something extremely valuable.

Well, there were several things going through my mind. Number one, we were definitely not going to take our eyes off of that tent until we had it covered by ground units and make sure that we determined for sure if it was or was not them. Because they were spotted so quickly, everybody was kind of taken off guard. We really were trenching ourselves in for a long, drawn-out search.

(END VIDEO CLIP)

BALDWIN: Let me go straight to San Diego.

Casey Wian, you have been all over this, this story. As we're learning more about how she was found, what about the week she was missing? Have you learned any details about that?

CASEY WIAN, CNN CORRESPONDENT: Well, I can tell you this, Brooke.

One of the things, one of the questions on a lot of people's mind about this week-long manhunt is, you know, the search for James DiMaggio and Hannah Anderson, a lot of people have been wondering whether she was simply a kidnapping victim or something else. The sheriff here in San Diego county has provided a very definitive answer to that question.

(BEGIN VIDEO CLIP)

BILL GORE, SAN DIEGO COUNTY SHERIFF: I want to emphasize that during the law enforcement interviews with Hannah, it became very clear to us, very clear that she is a victim in every sense of the word in this horrific crime.

From the time of her abduction in Boulevard to her recovery in Idaho by the FBI's hostage rescue team, she was under extreme, extreme duress.

(END VIDEO CLIP)

WIAN: Meanwhile, Hannah is back here in the San Diego area with her family, her father speaking out to reporters and here's what he had to say about what she's going through.

(BEGIN VIDEO CLIP)

BRETT ANDERSON, FATHER OF MISSING CHILDREN: The healing process will be slow. She has been through a tremendous, horrific ordeal. I am very proud of her and I love her very much. She is surrounded by the love of her family, friends, and community. Again, please, as a family, give us our time to heal and grieve.

(END VIDEO CLIP)

WIAN: Part of that healing and grieving process, something that no 16-year-old should ever have to endure. Hannah, we understand, is now helping to plan the funeral of her mother and younger brother, Brooke.

BALDWIN: Casey Wian, thank you, Casey.

Coming up, 16 lottery winners from New Jersey, some of them losing everything in Hurricane Sandy coming forward today collecting a nice, huge jackpot and check. To quote one of the winners, happy, happy, happy. That's next.

(COMMERCIAL BREAK)

BALDWIN: Let's talk Powerball, 16 winners coming forward just this past hour to claim a portion of last week's huge winnings. Remember the Jackpot, $448 million? Not too shabby.

So they're calling themselves here in New Jersey Ocean 16. These are co-workers all coming forward collecting their checks. Each of the New Jersey public workers expected to get a little, little less than $4 million apiece. This is after taxes.

We brought you this whole thing live on CNN last hour, listening to some of their stories.

Zain Asher was in the room with the cheering and the applause. Zain, I loved the guy with the hat saying he was happy, happy, happy.

ZAIN ASHER, CNN CORRESPONDENT: Absolutely, Brooke. Yes, we saw so many different personalities here. Some were a little bit more outspoken than others, but, yes, lots of emotion, lots of excitement.

We even saw one person shedding tears. And a lot of them recounted what what life has been like since Hurricane Sandy. One woman saying her home was damaged, she will be spending that money buying a new house. Another woman, this is really sad, said she lost her father to cancer and so she believed in some way, shape or form these winnings were her father smiling down on her.

Take a listen to what some of the winners had to say.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: My fellow Americans...

(LAUGHTER)

UNIDENTIFIED MALE: I just wanted -- this is my best outfit but as most of you all know, we just had -- it's not there yet, but a tornado went through the town just north where I live. And I was out in the fire truck. I was a little late getting here today.

UNIDENTIFIED FEMALE: We lost our home in the storm. I was just renting, I didn't own it. But we lived there for five years, me and my daughter. So now I stayed with my brother for a few months and got a little apartment above a storefront.

The first thing I'm goings to do is buy me and my daughter a home and bring my dog back home.

UNIDENTIFIED MALE: It's just a miracle and shocking. And after 34 years and almost retiring last year, this happens. And you just don't have another choice.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

ASHER: There you have it, so much excitement. For the first time, this is really interesting, we actually heard what Thursday morning was like for these guys when they finally found out they had won all of this money.

A woman named Lisa Presutto, she was in charge of picking the numbers. Everyone had put in about $6 apiece. She picked the numbers. She woke up on Thursday morning and she checked the news and she realized that the Powerball number was number 32. And she looked at it and she thought, hmm, that's a little bit familiar, because she realized she had chosen 32 several times.

She went through all the tickets and she began to shake as she realized that she had a ticket with all six numbers matching. Then she went into the next room. I'm quote here. She said she woke up her poor husband, who, by the way, isn't poor anymore -- Brooke.

BALDWIN: Yes, not so much, about $3.8 million richer by now.

Zain Asher, love the story. Love hearing their stories. Zain, thank you very much.

Coming up next, friends of Boston bombing suspect Dzhokhar Tsarnaev in court this afternoon charged with obstruction of justice in the investigation of the Boston Marathon bombing. We will take you to Boston live.

Also, plans for a moving tribute to the victims of those attacks all involving daffodils. That's next.

(COMMERCIAL BREAK)

BALDWIN: They are the teenage friends of the younger Boston bombing suspect, Dzhokhar Tsarnaev. And they are charged with removing a backpack containing a number of items, including fireworks and a laptop computer from Tsarnaev's dorm room at UMass Dartmouth.

The two friends who allegedly hid the evidence as the FBI searched for him just pleaded not guilty in court.

CNN's Susan Candiotti is live for us in Boston, just outside of that courthouse.

And, Susan, just set the scene for me inside. How did they seem?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Well, I will tell you, it was a very brief hearing. It lasted only four minutes, an arraignment.

They were simply read the charges and both said in a clear voice "not guilty." Both of these men, 19 years old, led into court in handcuffs, their families had came over from Kazakstan, both families. And they were in court. They had a moment to briefly turn to them and smile.

But then it was over. The point is that, after speaking with their lawyers afterwards, the lawyers continue to contend that the government will not be able to prove intent.