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California Mudslides Trap Hundreds of Drivers; Oregon Hero Recounts Day of Shooting; Trump Dodges Questions on 9/11 Comments; Latest on Lamar Odom; Parents Charged In Son's Fatal Church Beating; U.S. To Keep 9,800 Troops Through Next Year; Mom Wants Special Prosecutor In Cop's Killing Of Son; "Johnny Football" Pulled Over, Admits Drinking. Aired 11a-12p ET

Aired October 17, 2015 - 11:00   ET

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

[10:59:52] FREDRICKA WHITFIELD, CNN ANCHOR: All right. Good, have a great day.

CHRISTI PAUL, CNN ANCHOR: You too.

VICTOR BLACKWELL, CNN ANCHOR: You too.

WHITFIELD: All right. It is the 11:00 Eastern hour here on the East Coast. I'm Fredricka Whitfield. NEWSROOM starts right now.

Breaking news this morning. A major effort underway right now in southern California to dig out some mudslides that trapped hundreds of drivers and closed roads. And people there are preparing for the possibility of even more rain this weekend.

The images and videos coming in are simply stunning. One driver captured a harrowing rescue on a road that was inundated by floodwaters and mud.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Oh, my God. Get her. Oh (EXPLETIVE DELETED).

(END VIDEO CLIP)

WHITFIELD: All right. the mud was up to 20 feet in some places. More than 200 cars and trucks, as you see right there, were buried. A woman in Curran County was caught right in the middle of it all. Mimi Elkalla from our affiliate KBAK has the story.

(BEGIN VIDEOTAPE)

MIMI ELKALLA: Rae Eckland says she was on her way home from Mojave to Tehachapi with two co-workers when the rain started pouring.

UNIDENTIFIED FEMALE: Oh my God.

RAE ECKLAND, TRAPPED IN MUDSLIDES: We were coming up on Cameron and we were like in a little spot. And it just kept raining and raining and then the mud just started coming towards us.

ELKALLA: And soon enough, the car she was a passenger in lifted off of the ground.

UNIDENTIFIED FEMALE: Oh, my God, this car is going to hit us. Oh, my God.

UNIDENTIFIED FEMALE: We're floating. We're floating.

ECKLAND: And then we just started floating and banging in the car.

ELKALLA: Eckland says the worst thoughts were running through her mind as she continued to record.

ECKLAND: We're in trouble now.

UNIDENTIFIED FEMALE: We're going to hit. We're going to hit.

ELKALLA: Unsure of what was going to happen next as cars turned into boats.

UNIDENTIFIED FEMALE: Oh my God. If we stay here we're never getting out.

ECKLAND: We were bouncing off other cars. I was not sure whether we were going to make it out of there. It looked like there cars were going to float over the wall. It was really horrifying.

He is going to go over the edge.

ELKALLA: Once the rain finally came to a stop --

ECKLAND: We might get out of this mess.

ELKALLA: Eckland and the two women in the car with her crawled through the window.

UNIDENTIFIED FEMALE: I think we're safer in the car.

ECKLAND: And then we walked out of there. It took us hours to walk out of there. It was awful. Walking out of there was really bad because you know, like we were in mud up to our knees.

(END VIDEOTAPE)

WHITFIELD: There have been no reports of injuries so far -- thankfully. The cleanup, of course, could take days. Motorist Nick Zernick spent 20 hours on Interstate 5. This is Instagram video Zernick posted on his account of that ordeal. Zernick says he witnessed a mud flow race down the road and then enveloped stalled vehicles including his own.

Zernick right now is on the phone with us. So as this was happening, describe for me what you were seeing and then what you were thinking?

NICK ZERNICK, STUCK 20 HOURS ON HIGHWAY (via telephone): Good morning. It was an interesting experience. It was definitely at the first when the rain and the hail hit. We all literally turned on high lights and stopped. It was -- you could barely see your windshield wipers.

It was crazy. And then, it cleared. And as soon as it started to clear, all of a sudden, we could hear as the rocks and that mud start coming. It was a little scary at first. I'm not going to lie. We were very lucky where we were kind of in the middle of the pack, we didn't get the worse of it. We were about six to eight inches of mud. Cars around us got hit by boulders, different things like that.

But we were very lucky they were able to dig us out. We were stuck in the single spot that we were for about 4.5 hours before CalTran could actually dig behind us to get us down the side. They did a great job in getting us out.

WHITFIELD: That is incredible. But, you know, you said you were in the middle of kind of that pack. So at the moment, you did not really know you were in, you know, kind of a lucky spot in the end dealing with inches of mud as opposed to feet of mud. But as it was happening, were you starting to think about your escape plan? What would you do? Where would you go?

ZERNICK: Yes, you know, it's kind of -- like you can see, we were literally just watching mud and debris and rocks come down. And it didn't stop. I mean it continued to come for a good three hours. It just keep slowing down as that small river of mud to the left of us and in the fast lane. So it was interesting.

We had a big rock ledge next to us that for a second I was very concerned about. So we got -- we did. We got very, very lucky.

We had the fire department and all CHP. They showed up pretty fast and, you know, were walking through, checking on us, making sure everyone was ok. It was a great response by them. So we are very appreciative of that.

WHITFIELD: Well, fantastic on that quick response from those rescue and emergency workers. Nick Zernick, thanks so much. Glad you are well and glad no one else as far as we know has been injured as a result.

ZERNICK: Thanks.

[11:05:02] WHITFIELD: All right. Also we are learning new details today from this month's campus massacre in Oregon. The man so many called a hero, Chris Mintz, is recounting what happened the day of the shooting -- moment by moment.

Eight students and one professor were killed in that rampage. Nine people were injured, including Mintz, who was shot five times. That was the picture of him you saw of him earlier who was smiling.

Nick Valencia has more on the story. He is smiling because it was a really close call for him.

NICK VALENCIA, CNN CORRESPONDENT: Yes.

WHITFIELD: And at the same he really realizes the gravity of all that happened.

VALENCIA: He stepped up when he needed to. He has been called a hero by so many people. That's something that he doesn't want anything to do with. He doesn't want a part of that word. He says the true heroes are those first responders.

Chris Mintz, selflessly sacrificing his own safety to ensure the safety of others and now for the first time, we are hearing in his own words what happened that day.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Dispatch as many ambulances as possible to this incident. We have upwards of 20 victims.

VALENCIA: Chilling new details in the Oregon community college massacre from shooting survivor, Chris Mintz, the army veteran who has been called a hero for protecting others.

UNIDENTIFIED MALE: Exchanging shots with him. He is in a classroom.

VALENCIA: In a Facebook posting, Mintz recalled the day that he says started out as normal but quickly descended into chaos. He writes, "There was a bunch of yelling" and that there were gunshots going off that sounded like fire crackers. Mintz who says he sat in the front of the class says everyone got up and took off.

"I stopped and held the door open and waited for everyone to leave safely," he writes. He then says he took direction from a counselor that kept screaming. Someone needed to tell the people in the library and I told her I would do it.

UNIDENTIFIED FEMALE: Somebody is outside one of the doors shooting through the doors.

VALENCIA: Mintz writes that he made his way back into the classroom area where he came face to face with the gunman. "He leaned out and started shooting as I turned toward him," he recalled. This is how he described the shooter. "He was so nonchalant through it all like he was playing a video game and showed no emotion."

Mintz says the shots "knocked me to the ground and felt like a truck hit me". He then says he was shot again while on the ground and that the gunman said, "That's what you get for calling the cops."

Mintz writes in the Facebook post that he told the gunman that he didn't call police and they were already on the way. He then yelled to the gunman, "It is my kid's birthday, man." Mintz says the shooter pointed the gun right at my face and then retreated back into the classroom.

CHRIS MINTZ, OREGON SHOOTING SURVIVOR: Hello, everyone. I'm doing well.

VALENCIA: A friend posted this video of Mintz in the hospital. He has since been released and has this lingering question. "I'm still confused at why he didn't shoot me again."

(END VIDEOTAPE)

VALENCIA: Mintz added in that Facebook post that the reason he took to Facebook to share his message was he didn't want to do any on- camera interviews. He said it is not about politics or publicity.

Remember Fred, he was shot five times, including what he says an injury to his top shoulder one inch from his heart, he says. So he could be dead right now.

WHITFIELD: Oh, that's incredible. And then initially, there were reports that he might not be able to walk again if he were to recover.

VALENCIA: Yes.

WHITFIELD: What's the latest on that?

VALENCIA: We thought that there would be some mention of that in his Facebook post. So far nothing that we know exactly if his condition has improved or not -- we are hoping to get more information from him. But we just don't know right now.

WHITFIELD: All right. Well, of course --

VALENCIA: He's smiling now.

WHITFIELD: I know. And that's very encouraging. We like that.

All right. Thanks so much, Nick Valencia, appreciate it.

All right. Also, coming up, he had been in a coma for several days. But today, promise -- former NBA star Lamar Odom waking up and saying hi to his estranged wife.

Then, Donald Trump stirring up controversy again -- this time, he is suggesting that President George W. Bush is partially to blame for the attack on 9/11. How he is dodging questions about those comments.

(BEGIN VIDEO CLIP)

M.J. LEE, CNN POLITICAL REPORTER: Mr. Trump, can you clarify, do you think that 9/11 was President Bush's fault?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[11:12:17] LEE: Mr. Trump, can you clarify? Do you think that 9/11 was President Bush's fault? You posted on Twitter your comments about 9/11.

(END VIDEO CLIP) WHITFIELD: Dodging questions about the remarks he made about 9/11 and George W. Bush. Here is what the Republican presidential candidate said that prompted all of those questions.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: When you talk about George Bush, I mean say what you want, the World Trade Center came down during his time.

UNIDENTIFIED FEMALE: Hold on. You can't blame George Bush for that.

TRUMP: He was president, ok. Don't blame him or don't blame him but he was president. The World Trade Center came down during his reign.

(END VIDEO CLIP)

WHITFIELD: All right. Jeb Bush fired back, tweeting "How pathetic for Donald Trump to criticize the President for 9/11. We were attacked and my brother kept us safe", end quote.

Our political panelist here, Democratic strategist, Nomiki Konst who once worked on Hillary Clinton's 2000 senatorial campaign; and Kayleigh McEnany, a Republican strategy. Good to see both of you ladies.

NOMIKI KONST, DEMOCRATIC STRATEGIST: Thanks.

WHITFIELD: All right. So Kayleigh, you first. It is not like Trump to avoid a reporter's questions. He is quite loquacious. But this time, he had nothing to say. What in your view might be going through his mind or might he be thinking about how clean this up -- what?

KAYLEIGH MCENANY, REPUBLICAN STRATEGIST: Yes it's a great point, you know. He is circumventing answering this question because I think he knows he needs to clarify.

Look, Donald Trump would be an excellent president. Many Republican voters think that clearly. Look at the polls. But criticizing George W. Bush is not a wise move. A recent poll shows that the former president has 80 percent support among Republicans -- criticizing him is not a good route. I think Donald Trump does need to clarify his statement and say George W. Bush is not responsible for 9/11 if he wants to maintain the strong support that he has.

WHITFIELD: Nomiki.

KONST: You know, I agree with Kayleigh here. He slipped up on this one because I can't see any sort of political motivation for him to make this comment at least within the Republican primary. I mean maybe some of the base voters are still unhappy with the Bushes. I think there is this referendum on the status quo and obviously being affiliated with a Bush is not a good thing.

But to blame, you know, former President Bush for 9/11 is just crazy. It is ludicrous. I mean we knew about Osama bin Laden during the Clinton administration. If you really wanted to be smart, he would have criticized Bill Clinton for being distracted during the impeachment scandal and not paying attention enough to Osama bin Laden, if he were being a smart political tactician.

But, you know.

MCENANY: And also, let's be clear. Donald Trump didn't say George W. Bush is responsible. He was silent to the question. He just said it happened on his watch.

But I think he is letting his discord with Jeb Bush get in the way of clarifying this because you see the back and forth between Jeb and Donald. But George W. Bush is distinct from Jeb and dragging him into, I don't think is wise.

[11:15:01] WHITFIELD: Ok. Well, let's talk about the Democratic side now. Let's talk about Hillary Clinton, about to face the Benghazi house committee next week. She told CNN's Jake Tapper, that there really is not much more to say about it. Listen.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I really don't know what to expect. I think it is pretty clear that whatever they might have thought they were doing, they ended up becoming a partisan arm of the Republican National Committee with an overwhelming focus on trying to, as they admitted, drive down my poll numbers.

I have already testified about Benghazi. I testified to the best of my ability, before the Senate and the House. I don't know that I have very much to add. This is, after all, the eighth investigation.

(END VIDEO CLIP)

WHITFIELD: So, Nomiki, you know, I wonder might Hillary Clinton feel like there is less pressure going into this hearing, this testimony given that there have been some Republicans in Congress who have said that there was some bias as it pertained to the investigations?

KONST: I don't know about less pressure. Obviously, when you go and testify before Congress, it is never a fun thing to go through, especially when you are running for president.

But listen, these hearings have been going on longer than Watergate.

WHITFIELD: But she has a different momentum now behind her. Even Bernie Sanders saying he has had enough of the e-mails which we know are related to the Benghazi investigations.

KONST: Yes, I think most Democrats feel that this investigation has gone on long enough. It is ridiculous. It has been politicized. I mean she has testified. We have had nine testimonies now to this point. I don't know what else they were trying to get out of it.

Perhaps they were looking to see if something came up from the e-mail investigation. But so far, nothing has come up. And I think that she is playing this very smart.

WHITFIELD: Kayleigh, do you see that what has transpired within the last couple of weeks as it pertains to Hillary Clinton, her e-mails, Benghazi, et cetera that might kind of take the wind out of the sails of those who were planning on pressing her very hard this week.

MCENANY: Yes, there's ample things to ask Hillary Clinton. I completely disagree with Nomiki, this hasn't gone on long enough. During the last Benghazi hearing, we found out about Hillary Clinton's private e-mail server that circumvented the rule of law. We're learning plenty from this. And there are lot of questions to ask Hillary Clinton. Why there are four dead Americans on her watch?

There's a lot of questions. This isn't politicized, McCarthy: poorly worded statement but not political. There are a lot of things to ask her.

WHITFIELD: Ok. Now, the NRA has its beef with Hillary Clinton for her strong words against the gun lobby. Is she at war with the NRA? What's happening here -- Nomiki?

KONST: Yes, absolutely. I think she should be. I think every Democratic political candidate would be stupid not to go after the NRA after we have had one mass shooting a day for the past several years. After we have had one person die an hour due to gun vile lanes in America.

The NRA has gotten out of control. They control congress when 80 percent 85 percent of Americans want some sort of sensible gun laws. You know, the NRA they're the institution that is preventing this from happening because they are being controlled by gun manufacturers.

Hillary Clinton owes it to Democrats as the front-runner in this race to take on the NRA. And I think every other Democratic candidate on stage during the debate should do the same thing in the next debate.

WHITFIELD: Kayleigh?

MCENANY: No, you know, what, you mentioned sensible gun laws. Let's step back and ask if what Hillary Clinton is putting forward is sensible. The answer is no. Nomiki since 1950, all but two shootings have occurred in places where citizens are not allowed to carry guns. The laws that you are advocating are straw man laws -- that Hillary Clinton are advocating. They will do nothing to solve gun violence. And Hillary Clinton, by the way has flip-flopped on this. She needs to clarify her position.

WHITFIELD: Yes. And she said even in that interview with Jake Tapper that it's not flip-flopping, instead, it is evolving. Every politician is expected to do that. We'll see what the voters decide on that.

Kayleigh McEnany and Nomiki Konst --thanks so much. Good to see you, ladies. Appreciate it.

KONST: Thank you. WHITFIELD: All right. And of course, coming up on "STATE OF THE UNION, more of Jake Tapper's full interview with Hillary Clinton. And a one on one with Mitt Romney. I'll all starting tomorrow at 9:00 a.m. Eastern time right here on CNN.

All right. Also, coming up this hour, he has been in a coma but things could be turning around. What's behind this new hope for NBA champ, Lamar Odom?

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: His kidneys were all right. He is off dialysis and he's awake now.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

WHITFIELD: All right. Some encouraging news for former NBA star, Lamar Odom. After days in a coma, he is apparently slowly regaining consciousness. His former college coach even describes what happened Friday afternoon inside a Las Vegas hospital with Odom and his estranged wife, Khloe Kardashian.

(BEGIN VIDEO CLIP)

JIM HARRICK, LAMER ODOM'S FORMER COACH: She reached down and said, Lamar, "I love you" and he blinked. That was early in the morning. Then, this afternoon, as they had planned, they were taking some of the things out of him, some of the intensive care that he was under. His kidneys were all right. He is off dialysis. He is awake now.

So that's probably the most encouraging news we have had since it all started.

(END VIDEO CLIP)

WHITFIELD: Our source says said that Odom was even able to say hi to Kardashian. The two signed divorce papers just this summer but the divorce has not been finalized. That means Khloe can and has been making medical decisions for Odom after he was found unconscious in the brothel there.

Odom was hospitalized on Tuesday after being found unconscious in Nevada.

Paul Vercammen is following the story from Las Vegas today. So if, you know, Odom is out of a coma and we heard the former coach say, he is off dialysis -- but what does this mean in terms of those that make decisions about his well-being there?

[11:25:06] PAUL VERCAMMEN, CNN CORRESPONDENT: Well, certainly, the big decision would be whether or not Lamar Odom was in such dire straits that someone would have to make a possible life ending decision. All reports right now, Fred, out of here -- multiple sources saying that Lamar Odom has been able to utter short words. You alluded to him saying hi to Khloe Kardashian. And then think about this. Kris Jenner, technically, is still his mother-in-law.

She told "Access Hollywood" that not only is Lamar Odom no longer in a coma, is no longer on a ventilator, he is breathing through a mask but she did say he has suffered damage to some of his organs. But overall the headline being that he seems to be making slow and steady progress, Fred.

WHITFIELD: And then Paul, do I understand correctly that you spoke with someone who was visiting a patient who happens to be in the same floor not far from Odom? What was said about his or her observations?

VERCAMMEN: Well, George Cooper -- you are right, Fred - is visiting his wife who was on that very same ICU, second floor here at Sunrise Hospital. He said that he was given a warning that a celebrity was coming in. This is on Tuesday and suddenly a disturbance, if you will. He goes into lockdown. The whole floor does. They don't allow him to leave his room. Let's listen to what George Cooper described as Lamar Odom and an entourage arrived here at the hospital.

(BEGIN VIDEO CLIP)

GEORGE COOPER, VICTIM: The security is really tight. You have to pass security to get on the elevator and go up to the floor. You have to pass the security gallon the floor. And then all through out the night there is banging and clicking as his entourage, basketball players and what-not, coming and going on the floor.

VERCAMMEN: And so Lamar Odom is still here in a Las Vegas hospital, no longer seemingly on some form of a ventilator according to multiple sources. Back to you -- Fred.

WHITFIELD: All right. Well, of course, everyone is hoping for the best for him. Thanks, so much, Paul Vercammen. Appreciate it.

All right, up next a New York couple is accused of beating their two sons with the help of their fellow church members. One of the boys is dead. Hear the bizarre details surrounding this case.

(COMMERCIAL BREAK)

WHITFIELD: All right, welcome back. Checking our top stories right now, in the West Bank, Israeli authorities are saying three more Palestinians were shot and killed after pulling knives on an Israeli civilian and border agents this morning. Palestinian news agencies mentioned no knives when reporting on the violence. Today's deaths are among 43 Palestinians and seven Israelis killed in this month's rash of knife attacks.

Drone operators may soon have to register with the U.S. government. The Transportation Department is preparing a permit process that would identify operators of rogue drones. They hope this will result in more responsible drone flying. The FAA receives about 100 reports for months from pilots, airline pilots reporting drone sightings.

We are now learning what happened before a 19-year-old was beaten to death in a church in upstate New York. His parents have been charged with manslaughter in the death of Lucas Leonard. Four more people are accused of assault. All have pleaded not guilty.

Police say last Sunday, about 30 church members conducted counseling sessions with Lucas and his 17-year-old brother after they learned that Lucas wanted to leave the Secretive World of Life Church. Somewhere in the next 14 hours, police say it took a violent turn.

(BEGIN VIDEO CLIP)

CHIEF MICHAEL INSERRA, NEW HARTFORD, NEW YORK POLICE: I can say that the investigators have confirmed there was some type of a cord used to strike the two boys throughout the assault.

(END VIDEO CLIP)

WHITFIELD: A witness says the beating ended only when Lucas stopped breathing. The teen's injuries were so severe that when he arrived at the hospital, doctors thought he had been shot.

CNN national correspondent, Jason Carroll, had been following this story. Jason, Bruce Leonard accused his son of molesting children as possible justification of the beating. What more do we know from police about what justified the behavior?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: First, Fredricka, I think we need to make it clear that police have discounted exactly what Bruce Leonard had told investigators. They say according to their investigation that is not what happened.

Their belief is that Lucas, 19, had expressed interest in leaving the church and that's what led to the beating. There have been a lot of various reports about other allegations about what possibly has led to the beatings.

In terms of what investigators are saying at this point officially, they are saying it is because Lucas had expressed interest in leaving the World of Life Christian Church.

But look, they are also trying to figure out what this church is all about. In fact, yesterday, when we spoke to the DA, he said, look, we are trying to find former members. We are trying to find people who knew more about the church.

And we are encouraging them to call us and fill us in and give us more information about this church. As you know, some people who live there in the community are calling this, saying that it is not just a church.

They are saying it is a cult. Police are not calling it a cult as you know. They are still looking very much for more information about it.

WHITFIELD: That's a heartbreaking story, poor kids. All right, thank you so much, Jason Carroll.

Coming up next, another delay in President Obama's promised troop withdrawal from Afghanistan, what does it mean for the troops who are already there?

(COMMERCIAL BREAK)

[11:37:25]

WHITFIELD: All right, the U.S. is making a major shift in Afghanistan. Thousands of troops won't be coming home next year as planned. Almost 10,000 soldiers will stay in Afghanistan into 2017.

The decision came a day after a report from the Atlantic Council that said a troop reduction would, quote, "Foreclose future options for the next president," end quote.

A failed mission in Afghanistan, quote, "Becomes a dangerous threat to the stability of its region and to security including American security," end quote.

President Obama had hoped to draw down most U.S. troops by the beginning of next year. The main author of that report is former U.S. ambassador to Afghanistan, James Cunningham. He is joining me now from Washington. Good to see you.

JAMES CUNNINGHAM, FORMER U.S. AMBASSADOR TO AFGHANISTAN: Thank you for having me.

WHITFIELD: The U.S. will now aim for a drawdown sometime in 2017. What do you think can be accomplished by leaving up to 10,000 troops there until 2017? What can be improved from what is already a current situation of some residual troops there?

CUNNINGHAM: The Afghan Security Forces are being sorely tested this year as we've seen in recent weeks. That was to be expected that the Taliban would raise the level of attacks trying to breakthrough.

They have held -- but they have had difficulty and they've benefited tremendously from the ongoing American training and assistance that's provided as well as emergency support like close air support.

The essence of the president's decision is to maintain that framework going forward so the Afghan Security Forces continue to benefit from the support that they are receiving and can increasingly stand on their own.

WHITFIELD: You say to continue to benefit but in what way? What would be the measurements of progress? Because is part of the problem that trying to retain, A, trying to train a number of people who step up and say they want to be part of security forces or police, training is difficult and retaining them is difficult. So why would the installation of troops for a longer amount of time change that?

CUNNINGHAM: Well, actually, the training is succeeding. The Afghan Security Forces have been responsible for security in Afghanistan since the end of last year. In fact, we are conducting most of their own security operations well before the end of last year when the ISAF combat mission ended.

[11:40:00] So it is really a question of providing them the support that they need to continue to get better and to keep transferring the responsibility for security to the Afghans themselves, a security that they want and that they are taking.

WHITFIELD: And on the U.S. side, what do you see or what do you envision here? Is it a matter of those troops that remain in Afghanistan, who thought they might be returning home, say, in six months now have to stay longer or is this an issue of swapping out more? What does this say or do in terms of or what are your concerns, perhaps, even about fatigue?

CUNNINGHAM: I think the rotational rhythm that has been developed over the last couple of years will be maintained at least through 2016. That shouldn't pose a problem. The forces are conducting crucial missions.

Our forces are conducting crucial missions, including very importantly, counter terrorism and helping the Afghans work on counter terrorism. All that will be maintained through a longer time period.

I think the president is to be commended for adjusting to new circumstances on the ground and providing the kind of support that will ensure continued success, ensure the possibility for continued success for the Afghans.

WHITFIELD: And then who or what is the growing threat? Is it the Taliban in your view? Is it the threat of ISIS penetrating Afghanistan? What? What or who is the enemy?

CUNNINGHAM: The enemy is all of the above. It is the Taliban, who are connected with al Qaeda. It is the attempt from Daiesh to establish itself in Afghanistan and Pakistan.

It is a spread of a network of violent extremism that threatens not just Afghanistan, but Pakistan and indeed other countries from Asia all the way through to North Africa now.

Afghanistan is one part of that fight and battle. It is a place where we have a strategy that's working although it is challenged and it is difficult.

The people who have supported the report believe that Afghanistan can succeed and is an Islamic partner for success if he receives the continued support that it needs for some time.

WHITFIELD: All right, James Cunningham, thank you so much for your expertise. Appreciate it.

CUNNINGHAM: Thank you.

WHITFIELD: All right, next, nearly a year since 12-year-old Tamir Rice, playing with a fake gun, was shot to death by Cleveland police. The county prosecutor says two reports show the shooting was reasonable. Now, the family wants a special prosecutor.

(COMMERCIAL BREAK)

[11:47:33]

WHITFIELD: All right, the mother of 12-year-old Tamir Rice, the Cleveland boy shot to death by police last November, says she wants the county DA off the case and replaced by a special prosecutor.

Just before Rice was shot by police, callers had phoned in to 911 saying they thought the child had a toy gun. It was scaring people. Rice was shot dead by arriving officers who said, they thought his gun was real. Rice's mother spoke at the courthouse yesterday.

(BEGIN VIDEO CLIP)

SAMANTHA RICE, MOTHER OF TAMIR RICE: Since the senseless shooting of my son, Tamir Rice, I have had many sleepless nights and days, almost a year now, no justice, no peace. I am very disappointed in the way Timothy McGinty is handling this case. I would like for him to step down and allow an independent prosecutor to take over Tamir Rice case.

(END VIDEO CLIP)

WHITFIELD: So 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 in New York, a criminal defense attorney and law professor joining us from Las Vegas. Good to see you as well. It has been too long, Gentlemen.

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Way too long, Fred.

WHITFIELD: I am so glad we are back together.

Avery, you are in Cleveland. You are Mr. Cleveland, in fact. The two reports were commissioned by the Cuyahoga County prosecutor, Timothy McGinty and the experts concluded that police action was, quote, "reasonable."

So, in your view, is it unusual or is this the way it usually works that a prosecutor might call for witness reports and then make some conclusions and, now, what, by the way?

AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Usually, the people calling experts to challenge questions of excessive force are the defense lawyers. This shooting took place on the 22nd of November last year, Fredricka. It is way, way too delayed.

In fact, the Cuyahoga County Sheriff's Department did an investigation and concluded that there was no evidence that the police officer involved even warned Tamir Rice. I have to tell you, I've represented the police union against the plan and others. I understand how this process works.

But I don't think I have ever seen a case that's taken a year with a prosecutor where I think the mother of Tamir Rice, actually, may be right in calling for an independent prosecutor.

[11:50:00] WHITFIELD: So then, Avery, does this preclude a grand jury or does this simply mean that what we heard from the prosecutor is in conjunction with what may happen with a grand jury?

FRIEDMAN: Well --

RICHARD HERMAN, CRIMINAL DEFENSE ATTORNEY: Fred, this is an independent investigation as well as a prior judicial determination that there seemed to be evidence of reckless homicide and involuntary manslaughter.

All of this is nice for the press, but it has nothing to do with the grand jury. The grand jury will not hear any of this, these investigations or these findings. Each case is dealt with separately and independently with the grand jury --

WHITFIELD: Except, didn't they -- I mean, we don't know who's on the grand jury, but Avery, didn't they just hear it? This is now public. We're talking about it here.

FRIEDMAN: The grand jury hasn't even been convened yet, if you can believe that.

WHITFIELD: Right, so we don't know who they are. But whoever they are, they are privy to the same kind of information you or I are privy to, news reports and whatever else is conveyed, right?

FRIEDMAN: Sure. That is exactly right.

WHITFIELD: So it is influential, potentially?

FRIEDMAN: Right?

HERMAN: But, Fred, why there's no grand jury at this point, because the police say they're still doing their investigation, seems to me an awful long time not to have gone to a grand jury.

But the bottom line is what was the reasonable state of mind of the police officer at the time, Fred, let me show you real quickly. I have two guns here, Fred, two guns. Which one is the real one? Which one is the fake one, Fred?

It's a split-second decision, Fred, and I think it's going to be very difficult to get a conviction against these police officers under the circumstances where Tamir did not listen to a directive to the police.

WHITFIELD: OK, and just to make clear, you're in Las Vegas with whatever you just held up, Richard, you're not here in studio with us, but Avery, what is the next step here because the family says they've been waiting for a year.

You heard from the mother, who says she wants an independent prosecutor. Now, how might that request be entertained? What will it take to even name a special prosecutor? Is it too late? FRIEDMAN: Well, it's not too late to do it. The problem is the unique nature of Ohio law. The prosecutor is independently elected. He's going to make those decisions. Nobody can override him. I think he's intending to bring it to the grand jury and what he presents, no one's going to really know.

But the idea of an independent prosecutor, a good idea, I don't think it's going to happen. But unless this thing gets in front of a grand jury, pretty quickly, Fredricka, again, justice delayed is justice denied and that's what's happening.

HERMAN: Fred, one other quick point, Fred, just because it goes to a grand jury does not mean there's going to be a prosecution or a true bill. We don't know, yet and frankly, I don't know why it has not been presented yet to a grand jury.

WHITFIELD: OK, Richard, Avery --

FRIEDMAN: We both agree on that. We both agree. There's no reason why it shouldn't have been presented.

WHITFIELD: All right, very good, Avery, Richard, I know we'll be talking about it again. Thank you so much. Gentleman, appreciate that.

All right, coming up, Cleveland Browns quarterback, Johnny Manziel pulled over by police, the details, why, next.

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[11:57:01]

WHITFIELD: In Portland, Oregon, police may have cracked a cold case going back decades. A grand jury indicted Homer Lee Jackson on 12 charges of aggravated murder relating to the deaths of three women and a teenage girl in the 1980s. All victims of sex trafficking. Detectives say forensic evidence ties Jackson to the crimes. He will be in court next week.

And another brush with the law for Johnny "Football" Manziel, police in Ohio say the Heisman Trophy winner was questioned earlier this week after dispute with his girlfriend. Witnesses were concerned about Manziel's reckless driving and an apparent argument between Manziel and his girlfriend on the side of the road.

And during the stop, Manziel admitted to police that he had been drinking, but no charges were filed. So, what's all the commotion about? Joining me right now is CNN sports' Coy Wire. All right, no charges, what is going on here? What's the dustup?

COY WIRE, CNN SPORTS CORRESPONDENT: Johnny checked himself into a rehab facility specializing in alcohol and drugs. He was in that facility for ten weeks in the off-season. So when a story surfaced of Johnny Manziel involving alcohol, people took with it and ran with it.

Also, some of the details about this police report that came out from this incident were troubling and stirred up some conversation as well. Manziel's girlfriend told police that during the argument, Manziel pushed her head against the window, and later stated that Manziel hit her a couple of times in the car.

She did not press any charges. But after the news came out, Manziel took to Twitter to talk about this argument. He said, quote, "Colleen and I got into a dumb public argument on the way home Monday afternoon.

It probably looked more interesting than it was and I know I would stop and check if I saw a couple arguing on the side of the road. It was embarrassing but not serious." He went on the say morning his girlfriend posted a statement on Instagram with a similar vibe to it -- Fred.

WHITFIELD: But when you start hearing about personal shoving and, you know, hands on another person, that's when -- that really captures a lot of people's attention, especially now with the NFL and all that's taken place. So what are the Browns saying about this?

WIRE: The Browns say they're aware of the situation. The Brown's general manager released a statement saying they're taking it very seriously and have expressed their concerns directly to Johnny. They've had conversations with him, but those are going to remain private and they're not going to have any further comment at this time.

It will be interesting to see if the NFL wants to step in and find a way to discipline him for conduct detrimental to the league. He's been in and out of trouble. A tough look for him and the Browns' organization who invested a first-round draft pick in this guy. He can't seem to be out of headlines. He's been in there for all the wrong reasons.

WHITFIELD: All right, thanks so much. Keep us posted on that, Coy.

WIRE: You're welcome.

WHITFIELD: All right, the next hour of the NEWSROOM starts right now.

Happening right now in the NEWSROOM --

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WHITFIELD: Trapped. Hundreds of cars stuck on California freeways as drivers desperately try to escape mud slides and rising floodwaters.