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Egyptian Officials Says No Evidence of Terrorism in Russian Crash; GOP Campaigns Meeting Up to Demand Debate Changes; Hillary Clinton Talks Gun Control in South Carolina; Son Charged with Killing His Parents; U.S. Special Ops Troops Going to Syria; Feds Probing Officer's Fatal Shooting of South Carolina Teen; Actress Leah Remini Blasts Scientology; Ohio State QB Cited for DUI; Aired 1-2p ET

Aired October 31, 2015 - 13:00   ET

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

[13:00:02] FREDRICKA WHITFIELD, CNN ANCHOR: CNN's Ian Lee is live for us right now in Cairo.

So, Ian, tell us more about what they think may have happened to this plane in the very early stages now.

IAN LEE, CNN INTERNATIONAL CORRESPONDENT: Well, Fredricka, they are still saying that they don't believe a terrorist attack was involved, despite ISIS allegedly claiming responsibility. Now the Russians and Egyptians have both denied that. But what we're hearing right now is that the search area is about a five-mile diameter. They're expecting to expand that. 129 bodies now have been recovered. They've been taken to the Red Sea City of Suez. Also they're being brought here to Cairo. That means 95 bodies are still out there, still unaccounted for, which is going to be difficult finding them, as you can see. It is now night here in Egypt.

What we're also hearing and very crucial is that the black box, one of the black boxes, the one that is in the tail section, has been recovered. Officials are now going over that, to try to determine what, exactly, happened to the plane, when -- after it took off from Sharm el-Sheikh, traveling for 20 minutes, and then it disappeared and then the crash. That is the moment that they are going to be trying to discover what exactly happened, Fredricka.

WHITFIELD: All right. Ian Lee, thank you so much.

All right, let's talk more about this with CNN aviation analyst, Peter Goelz. He is also the former managing director for the NTSB.

So, Peter, that's pretty significant that Ian was able to report that they have located that tail box. So how quickly would they be able to retrieve information there and what's the kind of information they would get from that?

PETER GOELZ, CNN AVIATION ANALYST: Well, there are two data recorders on aircraft like this. There's a voice recorder that records all cockpit conversations and noises, ambient noises that might be in the -- coming out of the cockpit. And then you've got the data recorder, which really records hundreds of parameters of how the aircraft is performing. You want to get both of them to get the full picture. But if they had one or the other, it will start to clear away the fog

on this tragedy and point investigators in the direction that they need to go - to find out what happened.

WHITFIELD: And do they feel that they have to retrieve that second box in order to more consistently, you know, determine the kind of information coming from that tail box?

GOELZ: Yes, absolutely. You want both the data recorder and the voice recorder. They'll bring it back to a laboratory. The Egyptians may have the capability to do it. The Russians certainly do. And the French do, as well, as the manufacturer of the plane. So they get that recorder back, they can start downloading data from it. If it is undamaged or if it is, you know, relatively undamaged, they can start getting data from that in as short as a few hours.

WHITFIELD: OK. And so, Peter, now that the Egyptian airport official is saying that he does not suspect terroristic activity, but we should mention there is an active ISIS aligned insurgency in parts of the Sinai, how might that affect investigators' approach to this crash site and discerning a little bit more about what that pilot reportedly said that there was a technical problem?

GOELZ: Yes, well, I think two things take place. One is you never eliminate any of the causes this early in the investigation.

WHITFIELD: Surely.

GOELZ: Investigators will look to see if there are, in fact, any indications of terrorist activity. But pretty clearly, there's some indication from the flight crew that something catastrophic was starting to happen. And they reported that. And that will be the main clue and I think that the Egyptian authorities are relying on that communication to dismiss terrorism.

WHITFIELD: And then, Peter, Reuters is now reporting that Russian officials have launched a criminal case against the airline. They're checking from fuel samples from the plane's last refueling stop, for instance. Is this standard procedure, or what does this say to you?

GOELZ: Yes, it is standard procedure. And many of the European or eastern nations. They have a concurrent criminal investigation. The French have that. Many of the EU countries that have it, that starts with the accident investigation. In the United States, we don't have that process. But certainly, fuel contamination will be one of the things that people will check at right away, to see whether they got a bad fuel reload.

WHITFIELD: Yes.

GOELZ: That could have caused both engines to flame out. But it still doesn't explain the catastrophic nature of this descent.

[13:05:01] WHITFIELD: Yes, when we hear at 30,000, you know, feet, cruising altitude.

GOELZ: Right.

]WHITFIELD: Then suddenly plunging 6,000 feet per minute, at least that's what our Ian Smith was reporter -- or Ian Lee was reporting earlier.

All right, thanks so much, Peter Goelz. Appreciate that.

GOELZ: Thank you.

WHITFIELD: All right. Straight ahead, a possible mutiny in the Republican Party. Right now presidential candidates are speaking at a party-sponsored event in Iowa. But they're also plotting to take control of the debates from the Republican National Committee. We'll go live to Iowa, next.

(COMMERCIAL BREAK)

WHITFIELD: All right. It's a big weekend on the campaign trail. Ten GOP presidential candidates are stumping in Iowa alone. And tomorrow, several of the campaigns will meet in Washington to see if they can take more control of the upcoming debates from the Republican National Committee.

Let's go to CNN's Sunlen Serfaty in Iowa.

So, Sunlen, is this kind of dominating discussions and thoughts there, that many of these campaigns say they want to get together without the RNC's involvement to talk about how they want upcoming debates constructed?

SUNLEN SERFATY, CNN NATIONAL CORRESPONDENT: That's right, Fred. And many of the candidates who are here in Des Moines today at this Republican forum have specifically mentioned the CNBC debate and really registered their unhappiness and their anger at the format of that debate. You know, this contest tomorrow, many of the campaigns will meet in Washington, D.C., to try to really push back on the format, push back on changes that they want to make.

And really, it's interesting, in that meeting tomorrow, there will not be a representative from the Republican National Committee. So clear that the campaigns are trying to really regain control and push forward to the next debate that's coming up in less than two weeks on the FOX Business Channel. But also, it was notable that yesterday, we saw the chairman of the RNC send a letter to NBC and say that he is severing ties from their partnership for the debate that's coming up with them in February.

[13:10:15] He called the moderators at the CNBC debate saying they've had gotcha questions, they were petty, he said, mean-spirited questions designed to embarrass our candidates. That's according to RNC chair.

NBC has pushed back, they said they are disappointed by this and they'll work in good faith to make changes, but definitely a lot of uncertainty over many of these debates. And certainly, Fred, here today in Iowa it's turning into a major talking point in many of these candidates' speeches -- Fred.

WHITFIELD: All right. Sunlen Serfaty, thank you so much. A lot of ambient noise there, because we're talking about 10 GOP contenders who are there in Des Moines and they're all stumping, they all have a message.

All right. Someone who is not there, Republican presidential candidate Donald Trump. He is campaigning in Norfolk, Virginia, at the USS Wisconsin. Last hour he addressed veteran issues in a city that has a huge military population.

(BEGIN VIDEO CLIP)

DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Thousands of lives of unbelievable people, and we have wounded warriors who I love all over the place. And they're great. And we're going to take care of those wounded warriors and we're going to take care of our vets better than anybody. Anybody.

(END VIDEO CLIP)

WHITFIELD: All right. In the meantime, Democratic presidential candidate Hillary Clinton is spending a second day in South Carolina. She received the endorsement of Charleston's mayor, and at a grassroots event, she spoke about veteran affairs, wages, and the deadly shooting at the Emanuel AME Church in Charleston back in June.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I think that we need to remember how we felt in the aftermath of that tragedy every day during the year, not just for the weeks immediately afterwards because one of the challenges that we need to confront is how we look at each other with respect. How we show empathy for the struggles that one another has. And how we build, once again, a country that truly does hold out the promise of the American dream to everybody.

(END VIDEO CLIP)

WHITFIELD: Our senior Washington correspondent, Jeff Zeleny, was in Charleston this morning.

(BEGIN VIDEOTAPE)

JEFF ZELENY, CNN SENIOR WASHINGTON CORRESPONDENT: Hillary Clinton campaigning here in Charleston, South Carolina. The key first in the south primary that comes after the Iowa caucuses and that New Hampshire primary. She collected the endorsement of a key labor union here, as well as the longtime mayor, Joe Reilly. But talked emotionally and passionately about gun control.

Of course, this city, the site of that tragic shooting in the historic AME church in June. Nine people killed at the hands of a gunman. She talked about that and the need for stronger gun control laws. Let's take a listen.

(BEGIN VIDEO CLIP)

CLINTON: That disturbed young man who went and bought the gun that he used to kill those nine worshippers at Mother Emanuel Church was not entitled to buy a gun. But they found that out right after he committed those murders.

We've got to close that. I mean, why are you in such a hurry to buy not a hunting rifle but a killing machine?

(END VIDEO CLIP)

ZELENY: Now, of course, gun control is one of the distinctions she's trying to draw between her chief Democratic rival, Bernie Sanders. She did not mention Senator Sanders by name, but increasingly gun control is one of the issues that she believes distinguishes them from one another.

She talked about her strong economic platform as well. And how she would not be a third term for President Obama or her husband, Bill Clinton. She says she's running for her first term.

After the stint in South Carolina, she's on the road next week for fundraising across the country, as well as a return back to Iowa. Those Iowa caucuses launch the road to the White House in less than 100 days. Back to you.

WHITFIELD: All right. Jeff Zeleny, thank you so much.

All right, speaking of exciting presidential races, it has been 15 years since the most dramatic presidential election in modern history, the recount of 2000. You can relive all the drama in a CNN Special Report. "BUSH VERSUS GORE, THE ENDLESS ELECTION." It airs Monday night, 9:00 p.m. Eastern. And we'll be right back.

(COMMERCIAL BREAK)

[13:18:01] WHITFIELD: A 27-year-old man sits in a Connecticut jail cell today, charged with murdering his parents. The couple disappeared in August. Jeffrey and Jeanette Navins' remains were found yesterday 10 miles from their home. Their son is 27-year-old Kyle Navin and his girlfriend is also charged.

CNN's Sara Ganim is covering this case for us. So, Sara, what are police saying?

SARA GANIM, CNN CORRESPONDENT: Hey there, Fred. You know, this case was a mystery for months. Police now believe that their son, Jeffrey Navin, killed his parents and left their remains near an abandoned home that was about nine miles from their house in Connecticut. You know, for a while, you know, they were not sure if maybe this family had not been murdered, the possibility that they were running away from some financial foreclosure problems, but the break came in this case on Thursday, when those remains were found near that home.

And they had been suspicious of this son for some time because the story that he told police, Fred, contradicted some of the evidence from cell phone tower pings and also this ominous text message conversation that he had with his father, the day that his parents disappeared. On that day, the father, Jeffrey Navin, texted his, Kyle, quote, "I'm not going home until I know mom is OK. And then, did you hurt mom?" And Kyle Navin replies, "No, absolutely not, why would you think?"

And Jeffrey says, "I go home and get framed for murder. I'm going to the police first." And then the last communication from Jeffrey that we know of is, "You are setting me up." That's a conversation that police outlined in the charging documents.

Kyle Navin was charged yesterday, Fred, shortly after being arrested on an unrelated drug and gun charges. His girlfriend, as you mentioned, Jennifer Valiante, also charged with conspiracy to commit murder and hindering prosecution. They're both being held in jail on more than $2 million bond.

WHITFIELD: So, then, Sara, after that arrest, did he allegedly then show them where the remains -- show police where the remains were or how were the remains located?

[13:20:08] GANIM: The tip came in from people who noticed something suspicious at that property. He was already under arrest because he was already under investigation, Fred. You know, they had suspicions, but until those remains were found, they simply could not put the case together.

WHITFIELD: Gosh, terribly disturbing case.

All right. Sara Ganim, thank you so much.

All right, the U.S. is getting more deeply involved in the war on ISIS. Still ahead, why the U.S. is targeting one rebel group in particular in Syria.

(COMMERCIAL BREAK)

WHITFIELD: All right. Mortgage rates inched up this week. Have a look.

(COMMERCIAL BREAK)

WHITFIELD: Hello, again, everyone. Thanks so much for joining me. I'm Fredricka Whitfield.

The U.S. will be sending troops to Syria to help in the fight against ISIS. In a matter of weeks, less than 50 special operation soldiers will be heading there to Kurdish-controlled territory in northern Syria.

Nick Paton Walsh joining me now from southern Turkey.

So, Nick, are you getting any indication as to when they are bracing for the arrival of these U.S. troops?

NICK PATON WALSH, CNN SENIOR INTERNATIONAL CORRESPONDENT: A suggestion it could be within the next months, but obviously, for security reasons, I'm sure the Pentagon are not going to telegraph or advertise quite when.

What we think will be possibly as little as two dozen of first special forces enter into Syria. Now where do they go? Well, I have to honest, speculating, it's likely I think it will be near the town of Khobani, the fight for which, clearing ISIS from it well publicized late last year.

[13:25:06] It's from there, directions near there, that many of the Kurds and also the primary Syrian Arabs who the special forces are supposed to be assisting, a group called the Syrian Arab coalition, not very big, not very well known, they are directing their energies towards the ISIS capital or their called caliphate Raqqa. Now that's their stronghold. It's been hit by a lot of coalition air strikes.

In the past, the Syrian-Arab coalition have been trying to maneuver down towards it, but let's face it, they simply don't have the military capability or the manpower to take on that kind of stronghold. That's perhaps what the special forces are there to try and do. Frankly, there's a strong chance, too, that they will end up assisting the Kurds, who they've been assisting in the past through air strikes in the fight for Khobani, except that that's not going to be as it were on the can of this military package because they don't want to upset Turkey, their very sensitive NATO ally that I'm standing in right now. They're very dubious about those Kurds in northern Syria, consider them allies to another Kurdish group they think are terrorists.

This special forces mission, not a game changer. A substantial change in Barack Obama's policy, but also potentially the tip of an iceberg, which could grow if the U.S. sees traction in these moderate Syrian- Arabs in assisting them, if they actually see something -- some kind of yield on the back, Fredricka.

WHITFIELD: And then, Nick, is there any resistance among the Kurds, that they'll be receiving this kind of U.S. troop assistance or is it welcomed overall?

WALSH: I mean, a broader message from the Kurds is they're happy fighting, doing the ground fight by themselves for land that they consider to be their future independent homeland, that they call Rojava. Now that doesn't mean they don't welcome the air strikes they've already been having. That doesn't mean they don't recognize it. And if they have special forces in their midst, those airstrikes will be better.

I'm sure they're going to welcome the A-10 air carver, that's a low- flying antitank off, and a Warthog aircraft that's very effective against armor in battle field situations. And of course they'll welcome the weaponry these special forces may bring with them and potentially, too, tactical advice that may also be able to bring.

There's a difference between, of course, you know, saying we don't want the 82nd Airborne turning up tomorrow and assuring all American help in the future. And this initial burst, it's small but it may be very effective or it may not. That remains to be seen -- Fredricka.

WHITFIELD: All right. Nick Paton Walsh, thank you so much.

As the U.S. expands its roll against ISIS, Kurdish fighters are already battling the terror group, trying to reclaim lost territory. They pushed ISIS out of the city of Hasakah and now may be preparing for another move forward.

Senior international correspondent Clarissa Ward got an up close look from the front lines in northern Syria.

(BEGIN VIDEOTAPE)

CLARISSA WARD, CNN INTERNATIONAL CORRESPONDENT: These men are at the core of America's latest strategy to defeat ISIS. Manning positions along a vast and desolate front line with ISIS entrenched in villages just through the haze.

They're fighters with the YPG, a force of roughly 30,000 Syrian-Kurds which backed by coalition air power has dealt decisive blows to Islamic State militants across northern Syria.

Commander Bahus (PH) is in charge of this front line positioned in the city of Hasakah, which the YPG took from ISIS in August after months of fierce clashes.

COMMANDER BAHUS, YPG COMMANDER (Through Translator): They tried to attack us again 10 days ago. We were prepared so they didn't reach their target.

WARD: But they keep trying.

(On camera): ISIS has control of the next village along which is just over a mile in that direction. But the men at this base tell us that ISIS fighters often go at night to that building just over there so that they can launch attacks on these positions.

(Voice-over): The U.S. hopes that the YPG will soon move from defense to offense, taking the fight to ISIS' stronghold in Raqqa, but at makeshift bases across frontline, the fighters we saw were lightly armed, poorly equipped, and exhausted by months of fighting.

And Senior Commander Lawand knows the battles ahead will be even tougher.

(On camera): Can you take Raqqa without heavier weapons from the coalition?

COMMANDER LAWAND, YPG (Through Translator): The weapons we have are not high quality. For this campaign we'll need new heavy weapons.

WARD (voice-over): The most important weapon they do have but don't want to talk to about is this device, which helps the YPG get exact coordinates for enemy positions. Those coordinates are sent to a joint U.S.-Kurdish operations room and minutes later fighter jets come screaming in. Rezwan told us he was given a week of training before using the

device.

(On camera): Who trained you how to use this?

[13:30:01] REZWAN, YPG FIGHTER (Through Translator): Believe me, I can't say. When you finish the training, it's a secret, but they weren't speaking Kurdish.

WARD (voice-over): A mystery as is so much of the unfolding U.S. strategy in this critical corner of Syria.

Clarissa Ward, CNN, Hasakah, Syria.

(END VIDEOTAPE)

WHITFIELD: And coming up in the NEWSROOM, the officer said he feared for his life and fatally shot a teenager. But now the FBI is investigating.

(COMMERCIAL BREAK)

WHITFIELD: All right. There are lingering questions about a fatal shooting of a teenager by a South Carolina police officer. Newly released police car dash cam video shows this picture right here, as to what happened in July, as Officer Mark Tiller approached the car during a drug sting and you see right there. Tiller says 19-year-old Zachary Hammond behind the wheel tried to run him over. And now the local prosecutor has determined the officer should not be charged. But a federal investigation is underway.

CNN's Nick Valencia is covering this case, joining us with more on this -- Nick.

NICK VALENCIA, CNN NATIONAL CORRESPONDENT: Hey there, Fredricka. From what we can hear ourselves and from what the Hammond family alleges, Lieutenant Mark Tiller never identified himself as a police officer when he approached Zachary Hammond.

CNN has obtained that raw dash cam video and we'll let you decide for yourselves. We do have to warn you, though, some of the video you see may be graphic.

(BEGIN VIDEOTAPE)

VALENCIA (voice-over): You can hear the tires screech as Lieutenant Mark Tiller pulls into the fast food parking lot. In less than a few seconds, gunfire.

[13:35:05] The two shots killed the driver, 19-year-old Zachary Hammond. He was unarmed. Investigators say he had drugs in his system and packaged cocaine in his pocket.

Listen as Lieutenant Tiller describes why he opened fire.

LT. MARK TILLER, SENECA POLICE OFFICER: He tried to hit me. VALENCIA: The police dash cam video from July shows what Seneca,

South Carolina, police say, was a drug sting. The target, the passenger of the car, 25-year-old Tracy Morten. She was on a date with Hammond at the time of the shooting. Her sobs can be heard as an officer stands over Hammond. The video was released this week, days before Lieutenant Tiller is cleared of wrongdoing.

"After a careful consideration of the facts of the case," the solicitor writes in her ruling, "I have determined that no criminal charges should be filed against Lieutenant Mark Tiller at the state level." She continues, "This has been a very difficult case. No parent should ever have to bury their child."

ANGIE HAMMOND, MOTHER OF ZACHARY HAMMOND: We are more disappointed by investigation that seemed more focused on attacking the victim, which was Zach, than investigating the shooter.

VALENCIA: At a press conference Thursday, Hammond's parents and attorney say the blame for the fatal shooting rests solely on Lieutenant Tiller.

ERIC BLAND, HAMMOND FAMILY ATTORNEY: You would need a set of glasses that doesn't even exist to say that Lieutenant Tiller was in danger of being struck by that automobile.

VALENCIA: In an interview shortly after the shooting, the Seneca police chief defended his officer.

CHIEF JOHN COVINGTON, SENECA POLICE: You know when you sign up to be a police officer that that potential is there in your career, that you might have to use deadly force.

VALENCIA: Choking back tears, Hammond's mother says the video proves her son should not have been shot.

HAMMOND: Zach cared more about Tiller's life than Tiller cared about Zach's.

(END VIDEOTAPE)

VALENCIA: And just a little while ago, I did speak over the phone with the Hammonds. They told me that they believe the solicitor had already made up her mind even before she saw this dash cam video. They've reached out to the Department of Justice to try to pursue federal charges. They also have a civil case that is pending.

And, Fred, they say they're affected by this every day and every day there's tears in their household. They miss their son -- Fred.

WHITFIELD: All right. Nick Valencia, thank you so much.

We're going to talk more about this very complex case. With me now, CNN's legal analyst, Philip Holloway, a criminal defense attorney, and CNN law enforcement analyst, Cedric Alexander, who heads up public safety in DeKalb County, Georgia, just outside of Atlanta.

Good to see both of you, gentlemen.

PHILIP HOLLOWAY, CNN LEGAL ANALYST: Very good to see you.

WHITFIELD: All right. So, Cedric, I wonder if you could address this first. When you look at the videotape, of course, the first question that comes to most people's minds are, was that the only option that that police officer had? The officer says he tried to run me over. What do you see as you look at that video?

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, certainly upon first blush looking at this, it certainly does create some pause as to whether he should have used deadly force or not. But here's what you always have to keep in mind. I'm only looking at one segment of this entire scenario, right? And if we look at that, yes, we can say, you know, something here doesn't look right on the part of the officer.

But the bigger question is, quite frankly, is what was the solicitor thinking as she was going through this investigation that was provided to her by SLED. How did she come to the conclusion that this should not go any further than her desk.

WHITFIELD: So what are the --

ALEXANDER: That is the bigger -- that's the bigger question.

WHITFIELD: What are some of the things that are being evaluated? Because when, you know, an officer says, I thought he was going to run me over, you look at the videotape and, yes, the car was speeding off.

ALEXANDER: Right. Right.

WHITFIELD: Maybe we don't know in terms of inches or feet.

ALEXANDER: That's right.

WHITFIELD: You know, what kind of contact there might have been.

ALEXANDER: Here again, here again, he's in that position. I'm not sitting, standing where he is. He's in that position, at that particular moment in time.

WHITFIELD: Yes.

ALEXANDER: And the angle in which he could have felt that his life was in danger, he needed to be able to articulate that to a point.

WHITFIELD: So is de-escalation ever an element that an officer has to --

ALEXANDER: ALEXANDER: Yes, it is.

WHITFIELD: Take into consideration when there's moment like that.

ALEXANDER: Yes.

WHITFIELD: What are the options of de-escalation? ALEXANDER: Yes, it is. And certainly another officer may have

approached this car very, very differently. This particular lieutenant approached it the way he did, so it's going to be varying ways in which you can do that. And we have to understand, police is not an exact science, it really is not. You are put in positions sometimes where you have to make decisions that are life threatening.

And as you heard the sheriff say, when you sign up, you signed up for this. But at the same time, you have a responsibility, still, to protect the best interests of the public. And in this case, from what we see in this video, did he appear to be threatened by this vehicle?

WHITFIELD: What's the answer to that in your view?

ALEXANDER: And from what I see on this video, it creates further question from me, from the angle in which I'm looking at it. But here's the thing, Fredricka.

WHITFIELD: What does that mean?

ALEXANDER: I -- what means very simply.

WHITFIELD: That means you don't want to say.

ALEXANDER: No, no, no, it's not. Because in all fairness, in all fairness, how can I say very specifically? When I look at that video at first blush, absolutely, it creates some pause on the part of the officer. But you got to remember, I'm not looking at an entire investigation.

[13:40:09] Can you understand what I'm saying? I'm not looking at the lieutenant's statement.

WHITFIELD: Right.

ALEXANDER: So there's a lot of other things that have to be taken under consideration. So I'm not going to sit here and say, what --

WHITFIELD: OK. Sure.

ALEXANDER: But we have a process in this country. But maybe the bigger question is, also, should this have gone to a grand jury?

HOLLOWAY: Absolutely.

ALEXANDER: That's the bigger question. That's part of the whole criminal justice reform that you hear us talking about that maybe needs to be reviewed so that there is more accountability on parts of police officers.

WHITFIELD: OK.

ALEXANDER: And that of the public as well.

WHITFIELD: So then, Philip, the prosecutor is saying, no reason to charge, meaning, there will be no grand jury involved here. But the federal authorities are investigating. How will they look at that videotape? Because we talk about, you know, that really is the moment that we're dissecting right now. But from a federal, you know, I guess, investigative standpoint, how critical would that moment be?

HOLLOWAY: Well, the U.S. Supreme Court tells that all law enforcement use of force incidents must be reviewed from a perspective of objective reasonableness. It's not just did he, in fact, believe his life was in danger, because I think it's obvious from the video, as a matter of fact, Monday morning quarterbacking it, it probably was not. That's not the end of the inquiry. You have to decide whether or not it would be objectively reasonable for him to feel that way. In other words, would a reasonable officer in like or similar circumstances feel the same way?

Now I can tell you that --

WHITFIELD: That a vehicle moving away from the officer holding a gun --

HOLLOWAY: Right. In other words, would a reasonable officer have put themselves in that position and would a reasonable officer have felt it necessary to fire their weapon at that point in time?

WHITFIELD: How do you know the answer to that?

HOLLOWAY: Well, it's --

WHITFIELD: A reasonable officer?

HOLLOWAY: That's the $64,000 question. But see, the problem I have -- one of the problems that I have with this case, and I agree with Cedric 100 percent it should have gone to a grand jury. The prosecutor, within two weeks of the shooting, made a statement to a juvenile court in South Carolina that the details of Zachary's juvenile history prove his specific intent to run the officer over.

So when she comes out this past week and says, after careful consideration of all the circumstances, I've reached this conclusion, it sort of flies in the face of what she has said publicly within just weeks of the shooting, Fredricka.

WHITFIELD: And you spoke with the family members' attorney.

HOLLOWAY: I did.

WHITFIELD: And what was that?

HOLLOWAY: Well, they're -- a lot of the questions that they have and a lot of the complaints that they have are with the process and with the way that the solicitor unilaterally made this decision. And when I talk about objective reasonableness, I'm not talking about what you might think in your particular mind. It's what an objective person or someone in like or similar circumstances thinks.

What she has done is she has unilaterally made a decision that this was objectively reasonable. And she has left out the entire question of whether or not a reasonable officer under the same circumstances would have done the same thing. This should have gone to a grand jury because I can tell you opinions are all over the place on this one.

WHITFIELD: And Cedric, is that problematic to you, that the, you know, prosecutor would make that kind of judgment before seeing --

ALEXANDER: Well, we live in a very different time of policing in America, correct? And we're looking at this whole Ferguson effect that we hear about a lot. There is no Ferguson effect. What it is, Ferguson was a tipping point for the American people across this country, all Americans to say, there needs to be criminal justice reform. Part of that reform, of course, is more police accountability, but part of that reform also questions D.A.'s across this country, as well, too, as well as, do you need to do that investigation and make that decision or should it go to a grand jury?

It's part of the bigger -- the bigger issue that is going on in this country today. And we are talking about it more today because of where we are in policing across this country. This is not about a Ferguson effect. This is about America saying to all of us, we want to see something different in criminal justice across this country. That's what this is all really about. And this is a good example. This could be a very good example of what we just watched. Of an opportunity where that could have been shifted, possibly, and I'm not criticizing this D.A. That was their decision, by law. But under these types of circumstances, in this climate that we live in, should this have gone to a grand jury?

HOLLOWAY: Or at least to an independent outside prosecutor, who doesn't work so closely with the police and that jurisdiction.

ALEXANDER: Absolutely.

HOLLOWAY: That's also a big issue and will give us a lot more confidence in the results of the investigation. I think, publicly, whether it's real or perceived, there might be a conflict of interest.

WHITFIELD: Same kind of argument that was made in Ferguson since you bring up the whole Ferguson effect.

ALEXANDER: Absolutely.

WHITFIELD: But that argument was made with the prosecutor.

ALEXANDER: That's right.

WHITFIELD: All right, Cedric Alexander, Philip Holloway, good to see both of you.

ALEXANDER: Thank you.

HOLLOWAY: Thanks, Fred.

WHITFIELD: Thank you.

All right, right now, I want you to meet another one of CNN's Top 10 Heroes. For the past 16 years, Michelle Ripley has dedicated her life to helping members of the Lakota tribe of South Dakota. The scenery may be breathtaking, but the 9,000 people who live on the reservation face extreme levels of poverty and unemployment.

(BEGIN VIDEO CLIP)

MICHELLE RIPLEY, CNN TOP 10 HERO: There's really no businesses to speak of, no industry, at all. And so they're very isolated. It's about 40 to 60 miles to the nearest grocery store. So that creates,, you know -- if you forget bread, you don't go back and get it.

(END VIDEO CLIP)

WHITFIELD: Ripley's nonprofit has provided $9 million in help to the Lakota people.

It's an amazing story of dedication and spirit and you can watch it at CNNheroes.com and then check out all of this year's top 10 and vote for your favorite to become the CNN Hero of the Year. And you can vote once a day every day at CNNheroes.com. We'll be right back.

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[13:50:06] WHITFIELD: Actress Leah Remini, a former scientologist, is now blasting the church in an exclusive interview on ABC's "20/20." She's exposing secrets of the religion and explaining why she didn't leave scientology as soon as she became troubled by the actions of the church leaders.

(BEGIN VIDEO CLIP)

LEAH REMINI, ACTRESS: The decision to leave is we're giving up you've worked for your whole life. I feel that people need to understand this has been my whole life. And I want them to understand how it happens. And so as time goes on, you start to lose touch with the real world.

(END VIDEO CLIP)

WHITFIELD: Paul Vercammen has more on the story.

(BEGIN VIDEOTAPE)

REMINI: Anybody who criticizes the church is to cry that everybody's a bigot towards their religion and this is religious bigotry. And I understand the position they're in. I was in the same position I said similar things about people like me.

PAUL VERCAMMEN, CNN CORRESPONDENT (voice-over): Actress Leah Remini's scorching comments come ahead of Tuesday's release of her memoir, "Trouble Maker: Surviving Hollywood and Scientology."

On ABC's "20/20," the star of the hit sitcom "King of Queens" described her more than 30 years as a scientologist. Remini said church leaders reprimanded her for a remark she made while teaching salsa dancing to scientology's most celebrated advocate Tom Cruise and his then girlfriend, Katie Holmes.

REMINI: He was like forcibly kissing Katie. You know, I said, hey, get freaking a room. And I was written off for that.

VERCAMMEN: Remini added later, she became more critical of Cruise saying much of the movie star's behavior, such as jumping on a couch on the "Oprah Winfrey" show expressing his love for Holmes was unbefitting of a scientologist. The church fired back.

REMINI: Being critical of Tom Cruise is being critical of scientology itself. You are a person who is anti the aims and goals of scientology. You are evil.

VERCAMMEN: Cruise has been taking on for his staunch advocacy for scientology before.

UNIDENTIFIED FEMALE: Have you heard of scientology? It's all based on the book "Dianetics." A lot of really cool people are scientologists like Tom Cruise and John Travolta.

VERCAMMEN: "South Park" creators mock Cruise and became entangled on a battle with that actor and the church. Remini explains she also angered the church during the Cruise-Holmes wedding in Italy and was written up in what scientologists called knowledge reports.

REMINI: That I had disrupted the wedding, that I basically destroyed the wedding.

VERCAMMEN: What ensued, according to Remini, more scathing, written reports on her. Part of a scientology culture. In a recent statement, the Church of Scientology said about Remini, quote, "She needs to move on with her life instead of pathetically exploiting her former religion, her former friends and other celebrities for money and attention to be appear relevant again."

Remini left the church in 2013 and now she's trying to leave a lasting impression of how she thinks scientology operates.

Paul Vercammen, CNN, Los Angeles.

(END VIDEOTAPE)

(COMMERCIAL BREAK)

[13:56:25] WHITFIELD: All right. Checking our top stories. Two people are reported dead, and another two are missing as raging floods -- flood waters sweep through Texas.

This video shows the San Marcos River overflowing with tree trunks and other debris shutting down major highways. The Houston Fire Department rescued more than 90 people from the rising waters overnight.

And actor Al Molinaro, best known for his role as Big Al Delvecchio in the sitcom "Happy Days" has died. Molinaro appeared in more than 140 episodes of the hit TV show. He died Friday from gallstone complications. Al Molinaro was 96.

And Happy Halloween from space? NASA says the skull-shaped asteroid will buzz by earth today. It's expected to miss us by about 300,000 miles. Slightly further away than the moon. Well, according to NASA, it's the biggest known object to pass this close to the earth until the year 2027.

And now the quarterback of the nation's number one college football team is now facing charges for DUI. Ohio State University's J.T. Barrett was stopped early this morning near the Columbus, Ohio, campus. He has been -- he has, rather, been suspended by the university now.

CNN's sports anchor Rachel Nichols joining us now with more on this.

So, Rachel, what a big blow for him and for the team. What do we know?

RACHEL NICHOLS, CNN SPORTS ANCHOR: Yes. More troubling than anything for the team is that somebody was driving around over the legal limit, danger to himself and others. I think we got to remember that the legal limit in Ohio is .08 if you are over the age of 21. He is under the age of 21, where the legal limit is .02, in other words, you just shouldn't be drinking when you are behind the wheel if you are under 21 years old or at all, in fact.

In the early morning hours, police observed a car trying to go around a sobriety checkpoint. So they flagged them down and said, hey, you've still got to get checked for your sobriety. He by all accounts completely complied. He blew according to the Ohio State Police at .0099. So that's a little bit over the .08. But of course again he is under 21.

Now the student athlete handbook at Ohio State says that anybody underage who has an alcohol-related violation should be suspended for two weeks. The Ohio State administration says, in fact, that doesn't apply to him because it was just a misdemeanor charge that he was charged with. So they're saying just one week. The coach, Irvin Meyer, at Ohio State has a track record of, in some cases, in his former job at the University of Florida being lax on discipline. He was criticized for that a lot.

He's been stronger since he's been at Ohio State. Him holding this quarterback out J.T. Barrett for one game. It's something. They were going to be people on both sides of the fence who think, oh, gosh, you're hurting our chances that week. Others saying, hey, this guy shouldn't be getting special treatment. Watch how it plays out.

WHITFIELD: Wow. OK. Meantime, World Series Game 4 tonight. What do you think?

NICHOLS: Well, certainly a great and gritty performance from the Mets last night. Their backs up against the wall. They came out swinging like New Yorkers, Fred, a little bit scrappy. Got themselves back in the World Series. It's been a great story. You got two teams and two fan bases that haven't seen a World Series title in about 30 years. I was at the game last night. The entire stadium felt like it was

about to burst. I'm sure that's going to be even stronger tonight. It's becoming a really fun thing to follow. And the TV ratings are great. There's a lot of America who has really been getting into this baseball.

WHITFIELD: Oh, my goodness. All right. Fun game for trick-or- treaters this evening. We'll see if it's a trick or treat, depending on who you're rooting for, of course.

All right, thanks so much, Rachel.