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National Prayer Breakfast; Loud Music Trial; Twitter Stocks Drop Despite Strong Sales; "Affluenza" Teen won't Do Time

Aired February 06, 2014 - 09:30   ET

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

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: If caught they will wait for that moment when the guards aren't looking, when they can close their eyes and bring their hands together and pray. In those moments of peace, of grace, those moments when their faith is tested in ways that those of us who are more comfortable never experience. In those far away cells, I believe their unbroken souls are made stronger. And I hope that somehow they hear our prayers for them, that they know that along with the spirit of God, they have our spirit with them as well and that they're not alone.

Today, we give humble thanks for the freedoms we cherish in this country. And I join you in seeking God's grace in all of our lives. I pray that his wisdom will give us the capacity to do right and to seek justice and defend the oppressed wherever they may dwell.

I want to thank all of you for the extraordinary privilege of being here this morning. I want to God - I want to ask you for your prayers as I continue in this awesome privilege and responsibility as president of the United States. May God bless the United States of America and God bless all those who seek peace and justice.

Thank you very much.

CAROL COSTELLO, CNN ANCHOR: All right. We're going to step away from the National Prayer Breakfast and talk about it just a bit with our national correspondent and anchor of "Inside Politics," John King.

Welcome, John.

What struck me is everybody thought he would talk about income inequality and relate it to Pope Frances, but he talked a lot about religious freedom instead. Does that surprise you?

JOHN KING, CNN NATIONAL CORRESPONDENT: No, in the sense that the president here - it's an event he said at the beginning, you put partisanship aside, people of all faith reflecting. He touched very briefly - he said he was looking forward to going to see Pope Frances. He talked a bit about his efforts and other faith based efforts to help the poor. And he said, you know, we have to heed the lesson of the scripture to always help he who has the least.

But you're right, very gently, very gently touching on anything that might be considered policy and especially controversial policy from the president. Instead, most of it dedicated to religious freedom in places around the world where he says there is fighting, whether it's in Syria, whether it's in Central Africa. There's fighting based on faith differences and then, in the end, I thought a very moving tribute to the Americans held in prison in North Korea and in Iran because of their faith-based beliefs.

So a safe - safe ground for the president I think is the best way to put it and a more reflective president. Not a policy speech this morning.

COSTELLO: Well, it was kind of nice to see the co-chair of this event was Congressman Louis Gohmert, Tea Party guy, right? He accused the president of stirring up racial tension not long ago, but he stood up and shook the president's hand and, I don't know, maybe that's a sign of good things to come?

KING: The president noted that he doesn't watch television. So he has not -- he has perhaps not witnessed and internalized many of Congressman Gohmert's more memorable moments on television or on the House floor.

But, look, I'm laughing a bit, but that is the value of this event. If you go back through time, this event is often very low key. Presidents of both parties go in and share, you know, prayer and reflection and a breakfast with people of the other political party, with people of diverse faith, people of diverse organizations.

There have been times in our history when it's taken on a little bit more of a political impact. Bill Clinton in the middle of the Monica Lewinsky scandal. People wanted to know what he was going to say at this breakfast. Even the president today, Carol, talked about his time, how he was shaped by his church in Chicago. Remember back when he was running for president? Jeremiah Wright? That was a big deal back then. But the president's in his second term. That, he believes, is in the rear-view mirror.

This is a moment where, you know, you get to just have -- shake hands with people who he might be fighting with in an hour or two. Congressman Gohmert's a great individual to watch and the people who share his views as the immigration debate, for example, moves forward. Does a moment like that help a little bit? One can hope. It can't hurt. Look at it that way, that you break bread, shake hands, have a moment of peace with somebody with whom you have very, very many significant policy differences.

COSTELLO: All right. I will look at it that way. Thank you so much, John King. I appreciate it. We're back in a minute.

(COMMERCIAL BREAK)

COSTELLO: In just about three hours, opening arguments will begin in the case nicknamed the loud music trial. Twelve jurors and four alternates were seated yesterday. They will decide the fate of this man, Michael Dunn. He's accused of shooting and killing Jordan Davis, a black teenager, after a spat over loud music at a gas station. Some people are drawing parallels between this case and the George Zimmerman trial because of the race factor. But as CNN's Tory Dunnan explains, this case is difference. (BEGIN VIDEOTAPE)

TORY DUNNAN, CNN CORRESPONDENT (voice-over): November, 2012. Authorities say it began with a fight over loud music at a Jacksonville, Florida, gas station and ended with 17-year-old Jordan Davis shot and killed.

UNIDENTIFIED FEMALE: I do not wish this on any parent.

DUNNAN: Flash forward to February, 2014. The trial now underway for 47-year-old software developer Michael Dunn, charged with first-degree murder and three counts of attempted murder. Dunn's pleaded not guilty claiming self-defense in the shooting death of the unarmed teen. During the police interrogation, Dunn told investigators he asked Davis and the three other teens, who were parked next to him at a Jacksonville gas station, to turn down their music. Then he says he heard threats from the teens and saw a gun in their car.

MICHAEL DUNN, ACCUSED OF FIRST-DEGREE MURDER: The guy that was in the back was getting really agitated. And I had my windows up. I can't hear anything he's saying, but, you know, it was a lot of (EXPLETIVE DELETED) him and (EXPLETIVE DELETED) that and (EXPLETIVE DELETED) that. And then the music comes back on.

DUNNAN: Saying he feared for his safety, Dunn retrieved his gun from inside his car. Then, police say, he fired four shots into the SUV Davis was in. As the SUV sped away, police say Dunn fired four more rounds.

UNIDENTIFIED MALE: When you began to shoot, can you honestly tell us that you ever saw a gun inside that vehicle?

DUNN: I saw a barrel come up on the window. Like a - like a single shot shotgun where there's a barrel. I didn't see this part of the barrel. I saw that part of the barrel. And it was either a barrel or a stick. But, sir, they're - they're - they're like, we're going to kill you.

DUNNAN: Davis, sitting in the back seat, was killed. His three friends survived. Investigators say they found no guns inside their SUV and that Dunn left the scene, never calling police.

MARK O'MARA, CNN LEGAL ANALYST: I think that's going to be a big question for this jury. You were in a car, put it in drive, get out of there and then call a cop rather than take out a weapon and put eight shots into a car killing one person.

DUNNAN: The case is already being compared to another Florida case in which a neighborhood watchman, George Zimmerman, shot and killed an unarmed black teenager, Trayvon Martin. Zimmerman was acquitted, claiming it was in self-defense.

(END VIDEOTAPE)

CUOMO: CNN's Tory Dunnan joins me now, along with our legal analysts Joey Jackson and Paul Callan. Welcome to all of you.

JOEY JACKSON, HLN LEGAL ANALYST: Thank you, Carol. Good morning.

PAUL CALLAN, CNN LEGAL ANALYST: Nice being with you.

COSTELLO: Tory, what do we know about the makeup of the jury?

DUNNAN: So, Carol, this is really interesting because right now we're looking at a group of 16. We're talking about 12 jurors and four alternates. But the judge, so far, has not made it immediately clear who the jurors are and who the alternates are. So when we talk about this, we're really just looking at the whole picture. And, obviously, we're going to get more information as the day goes on as to exactly who the jurors are.

But when we talk about the group of 16, we know that there are 10 women, six men. The breakdown of women, we've heard that there are five white, three African-American, two of Asian descent. And as far as the males go, five white, one other described at being white and Hispanic. So, Carol, obviously, more information is going to be coming in throughout the day on who those jurors are and some of the backgrounds about their lives and whether or not they have kids. Things like that.

COSTELLO: All right. Joey, I'll pose this question for you. It's rather sad we have two more high publicity cases involving guns and self-defense in the state of Florida. This case and the case in Pasco, Florida, where the elderly man killed Chad Oulson over texting in a movie theater. Is this unique to Florida or is this the new normal in America?

JACKSON: You know, it's a wonderful question, Carol. And you'd like to think that we live in a society that's civil and we can all get along with each other. But I think, you know, these are very challenging and trying times. And I think as a result of that, Carol, with just the madness and the mayhem that's going on in the world, people are on a heightened state of alertness and where maybe you gave someone the benefit of the doubt, people are quick to pull the trigger. And so I hope and I pray that we, you know, we regain civility anew. But, unfortunately, until that time, we're going to see tragic incidents like the ones that you just mentioned.

COSTELLO: Back to the Davis case now. Paul, Dunn's attorney hasn't filed to use the stand your ground defense in Florida, but does Dunn have a case for self-defense here?

CALLAN: Well, you know, and getting back to that initial question of yours, it almost looks like there's something in the water in Florida because so many of these strange cases emanate from Florida. But I looked at the self-defense statute in Florida and, you know something, it's the same as pretty much the one in every other state. And these cases are not stand your ground cases. These are straight self-defense cases. And the law says, if you are in reasonable peril of immediate death or serious bodily injury, you can defend yourself by using deadly physical force. In both cases, the texting case in the Florida theater and the Dunn case, the jury is going to look and have to say, hey, was he in reasonable fear that he was going to be shot by the kids in the car or by the texting 43-year-old father? Those are the -- those are the decisions that's will be made by the jury. It's classic self-defense. So nothing different about the law here.

COSTELLO: Well, and, Joey, there were plenty of witnesses in both cases, and that's different than it was in the Zimmerman case.

JACKSON: Sure. You know, there's a lot of differences, Carol. And one of them, of course, is in the Zimmerman case, you had an attack. You had -- there was a fight there and certainly a reasonable jury could conclude that Mr. Zimmerman was in fear for his life and they did conclude that. In this case, you have someone who's in a car and who, in fact, rolled down the window to say, hey, are you talking to me? Was that meant to me? And it seems to me to be distinguishable there, Carol. In addition to the fact that Dunn fled, right? He fled, which shows in evidence as a consciousness of guilt. If you're not in, you know, any -- you didn't engage in any illegality, stay, call the police and state your case at that time.

CALLAN: You know, Carol, not only did he flee, he was -- they were going to St. Augustine to a bed and breakfast and they ordered pizza afterwards. Certainly doesn't sound like a man who was in reasonable fear. I also -- he fired four shots into the SUV. Then the SUV took off. He fired at least four more shots into the fleeing vehicle. Now, as the vehicle left, how do you have a claim that you're in fear of your life? So I think that the Dunn self-defense claim is going to be a difficult sell to a jury in Florida.

COSTELLO: I know CNN's Tory Dunnan will continue following this. Thanks, Tory, very much. And also thanks to you Joey Jackson and Paul Callan.

JACKSON: Thank you, Carol. Be well.

CALLAN: Thank you.

COSTELLO: Still to come in the NEWSROOM, a bit of a roller coaster ride on Wall Street this week. And Twitter getting slammed. Christine Romans is in New York for us.

Good morning.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Carol, a positive start for stocks. But, boy, oh, boy, Twitter is having a lousy morning, down 20 percent. I'll tell you what's wrong in 140 characters or less.

(COMMERCIAL BREAK)

COSTELLO: The U.S. markets ending higher at the open this morning. Good news, right? Few Americans filed for jobless claims last week a sign employers are keeping staff to meet demands. But investors are likely bracing for tomorrow's big jobs report. Brutally cold January weather expected to play quite the role on who may or may not have gotten jobs. Twitter releasing its first financial report since going public and one thing it's doing well, making money. But that isn't good enough for traders who are now ditching the stock.

CNN's chief business correspondent Christine Romans is here to explain. Good morning.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Carol, investors dumping this stock today. It's down about 20 percent right now in just sort of furious trading here. Look, it was the first time investors had been able to look under the hood of Twitter if you will. The first -- the first earnings report now that it's a public company. And they don't like what they saw.

240 million active users, but not growing as quickly as Wall Street and investors would like. It does have growing revenue, but it warned the revenue will not be growing as quickly as investors would like.

You know, Facebook has five times as many users as Twitter. Twitter is used by celebrities and politicians and the snarky snarks all over the world right. But how is it going to really make some serious money on that? I mean its earnings negligible actually for the quarter and it lost money on the year.

So that's the issue here for Facebook -- sorry, for Twitter is it more than just a little niche? A niche that is almost saturated in terms of the people who get it and use it, or will it be able to continue to grow and find a way to make money. You know when you refresh your stream, that's how it makes money. I think it makes like $1.49 for every thousand times, for every thousand refreshes. It's got to do better than that. And Wall Street is saying we don't like what we see.

COSTELLO: Christine Romans, many thanks.

ROMANS: You're welcome.

COSTELLO: Still to come in the NEWSROOM no jail time for a teen who drove drunk and killed four people. This case made "Affluenza" a buzz word. Ed Lavandera will have our report next.

(COMMERCIAL BREAK)

COSTELLO: A teenager who drove drunk and killed four people will not do any jail time whatsoever. A judge has ordered Ethan Couch to rehab plus 10 years probation. The Texas case gained national attention when a witness called Couch a victim of "affluenza" meaning his wealthy parents gave him everything he wanted and never set limits.

CNN's Ed Lavandera is following the story from Dallas. Good morning.

ED LAVANDERA, CNN CORRESPONDENT: Good morning Carol. Well prosecutors went back to the judge trying one last time to get jail time for Ethan Couch. But they didn't get it.

(BEGIN VIDEOTAPE) LAVANDERA: The juvenile court judge sentence Ethan Couch to 10 years probation. First he'll go to a Texas rehabilitation facility but there is a catch. There's no minimum time the 16-year-old will have to spend in the treatment center.

Couch was convicted in December for a horrific drunk driving crash that killed four people and severely injured two others. The victims' families call the punishment a travesty.

MARLA MITCHELL, VICTIM'S MOTHER: No matter what game here his family think they've beaten the world is not ever going to take their eyes off from you. And they're going to be waiting, they're going to be waiting, for him to mess up again if he does.

LAVANDERA: The Ethan Couch saga made national headlines because of a bizarre defense strategy. A psychologist testified Couch was a product of something he called "affluenza", a lifestyle where wealth brought privilege and there were no consequences for bad behavior. Couch's attorney blasted news media coverage of the case for focusing on the "affluenza" testimony.

REAGAN WYNN, ETHAN COUCH'S ATTORNEY: I think that word might have got said once by a witness in passing. And all of a sudden that became the story. I would submit it was ridiculous to think that we walked into court and said oh this is a rich, white kid and she decided to probate him. That's just crazy to think that that's what happened.

RICHARD ALPERT, PROSECUTOR: Really well that's ironic because it's his expert that brought that before the courtroom.

LAVANDERA: Prosecutors say there's no question the "affluenza" theme affected Couch's punishment.

ALPERT: It was a stupid thing to say. It was -- it affected the credibility of the expert and will follow that expert wherever he testifies. It was a dumb idea.

LAVANDERA: In court, Couch's family refused to comment. But victim's families say Couch and his parents show no remorse. Eric Boyles's wife and daughter were killed by Ethan Couch.

UNIDENTIFIED MALE: How hard is this for you sir?

ERIC BOYLES, WIFE AND DAUGHTER KILLED: It's hard --

LAVANDERA: Ethan Couch will be on probation until he's 26 years old. His lawyer hopes intense therapy will turn his life around.

(END VIDEOTAPE)

LAVANDERA: And Carol that therapy will take place in an undisclosed location at a rehab facility somewhere in Texas. And the families of the victims say they are prepared in dealing with the fact that it could be several weeks, it could be several months, it could be several years that Ethan Couch spends at that rehab facility. It will all be up to the facility to determine when Ethan Couch should be released -- Carol.

COSTELLO: So why did the judge this time around also decide that this kid didn't deserve any jail time?

LAVANDERA: Well that was the original sentence back in December.

COSTELLO: Right.

LAVANDERA: It was 10 years probation without jail time. There were two -- remember there were four people that were killed, two severely injured. Prosecutors were going back for those two people that were severely injured and tried to get jail time for that. But the judge didn't go for it.

COSTELLO: Oh such a sad case. Ed Lavandera many thanks to you.

We're back in a minute.

LAVANDERA: You bet.

(COMMERCIAL BREAK)

COSTELLO: Happening now in the NEWSROOM, toothpaste terror.

(BEGIN VIDEO CLIP)

REP. PETER KING (R), NEW YORK: Any type of explosives, concealed explosives can be extremely damaging.

(END VIDEO CLIP)

COSTELLO: New details about the Olympic warning.

(BEGIN VIDEO CLIP)

KING: It could be enough to bring a plane down.

(END VIDEO CLIP)