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ISIS Leader Killed in Attack?; Chicago Police Officer in Court; Record Flooding. Aired 3-3:30p ET

Aired December 29, 2015 - 15:00   ET

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

[15:00:03] BROOKE BALDWIN, CNN ANCHOR: Where do we stand at this hour?

TOM SATER, CNN METEOROLOGIST: Brooke, this is a multi-event.

There are several communities that are dealing with the flooding. And the problem really is not just one river. There are many rivers. In fact, I just spent the last week. It rained every day, record six, seven, eight, nine inches of rainfall, as a stationary front continued just to drop one thunderstorm after another.

So, the watch is sure in effect. But the problem we have in Saint Louis is not just the Mississippi River, which is rising and should get to the second highest levels in history. It's backing up the water from flowing into the Mississippi from the Missouri River, from the Meramec River.

So, again, when you look at the amount of rainfall, it's best to break it down to show you exactly the communities that we're dealing with. First of all, north of Saint Louis, here's Saint Louis, along the Mississippi.

West Alton, all right, it's a flood-prone area. It does flood. There's evacuations taking place there. West Alton is right in between the Missouri River and the Mississippi. Now, the city of Alton in Illinois will be safe, but that's just one area.

St. Charles, now, this is historic area along the Missouri River, so there's flooding there. Some of these records we're going to see are going to be at least close to 1993 levels, maybe just five feet below the historic '93 in downtown Saint Louis, but it's the Meramec River to the south.

When you have Union, Missouri, when you have rivers that have risen 30 feet since Saturday, and those are all again making its way into the Merrimack to the next community, Union is a pretty good sized city. Then you have got Pacific. You have got Fenton that runs towards Arnold. That's south of Saint Louis. But because the Mississippi is rising, it is holding back the water and all of these other rivers and even smaller rivers.

South Saint Louis, knowing the area well, River Des Peres, they called an emergency for sandbaggers to come out last night because when the River Des Peres starts to rise, it floods historic towns in South City. So, again, even though driving back, you can see the flooding and all of the areas, agricultural areas, not just in Missouri, but in Illinois, this is going to take awhile as we're going to continue to see the rivers rise.

Now, as you look at some of these pictures, here's some of the sandbagging going on. And, again, union is seeing the worst of it. But it still has to make its way through all these communities. We're looking at Union, 34 feet, again has 30 since Saturday.

What we're going to find when that makes its way through these other communities to the Mississippi, south of Mississippi on the Mississippi River is the town of Chester. They are looking at a historic level that will surpass that of 1993.

The rivers in the cities along the Meramec, those records go back to 1982 and those will all be shattered. We're looking at multiple areas to the north of Saint Louis, to the west. Sure, downtown has some flooding, mainly along areas of the cobblestones, downtown, more flooding in some of the city parks.

But it's along the Meramec that's a big concern. Brooke, it's going to take days for all this water to start to recede, then make their way through each community as it slowly feeds into the Mississippi, not just on the Meramec, but the Missouri as well.

So it's just going to take a couple days. Then we will watch the crest make their way down to historic towns along the Mississippi, St. Genevieve, maybe Cape Girardeau, Paducah, Kentucky, as well.

BALDWIN: No doubt we will have crews on the ground telling these folks' stories. Tom Sater, thank you so much. We will keep you on standby obviously for any developments there in Missouri.

Meantime, we are now getting word from immigration officials in Mexico that the so-called affluenza teenager and his mother want to return to the United States voluntarily; 18-year-old Ethan Couch and his mother, Tonya, were just captured in the beach resort town of Puerto Vallarta, Mexico, fleeing after throwing an apparent going-away party.

Ethan Couch making headlines after he avoided jail time for killing four people, these four people, plowing through all four of them while driving drunk on a Texas road two years ago.

His defense attorney successfully arguing that his family's wealth meant he did not understand limits or accountability. Law enforcement speaking just a short time ago.

(BEGIN VIDEO CLIP)

DEE ANDERSON, TARRANT COUNTY, TEXAS, SHERIFF: What we suspected all along had happened that they had planned to disappear, that they even had something that was almost akin to a going-away party before they left town. Our suspicion that his mother was assisting him and helping him has

proven true, we believe. And so we followed those leads and eventually led to Puerto Vallarta, Mexico, where they were taken into custody.

(END VIDEO CLIP)

BALDWIN: Let's talk about this.

Tom Mesereau, a defense attorney at the Mesereau Law Group, and Art Roderick, CNN law enforcement analyst and former assistant director of the U.S. Marshals Service.

Gentlemen, nice to see both of you.

And, Art, let me begin with you. From a former U.S. Marshal perspective, here's where I'm curious. Here these two were, Ethan Couch and mom, they're in this beautiful resort town in Mexico having fled.

[15:05:03]

In your experience of trying to find fugitives, do you think that that was just sort of one stop on the journey on the run? Or do you think they thought, all right, we're in Mexico and we are home-free?

ART RODERICK, CNN LAW ENFORCEMENT ANALYST: I think that very well could have been a stop. There's a couple things you have to look at here.

Were they going to continue further south into Central or South America or were they waiting actually for that 120 days to come up for his birthday, which I believe is coming up on April 11, which would have made whatever charge he had under the juvenile side of it I guess more or less go away? I don't know. This is the interesting thing about this case is, it's not a federal case. It's a state case.

And there's the whole juvenile aspect of it, which really throws everything up in the air as to what's going to happen here when he eventually comes back tomorrow afternoon.

BALDWIN: Perfect segue to you, Tom Mesereau, because we know he's 18, as Art mentioned his birthday. He's going on 19 in just a couple months. So the question is, is he tried as a juvenile, is he tried as an adult? How do you think they will sort of weigh that and then how would that then -- how would his punishment change contingent upon juvenile vs. adult?

THOMAS MESEREAU, ATTORNEY: Well, listen, this affluenza defense was attacked by the media. And it was not based in irrationality. It was a logical defense.

BALDWIN: How do you mean?

(CROSSTALK) MESEREAU: Well, many wealthy people do not teach their children to follow the law like everybody else. They don't teach them boundaries. This mother's behavior in reportedly helping him flee confirms that defense.

This mother is not teaching her child boundaries, not teaching her child that he is to follow the law like everyone else. I think this irrational behavior of fleeing to Puerto Vallarta, which is a resort area, it makes no sense. If that's where you want to flee, you're looking to get caught.

So I think the defense is going to try and keep this in the juvenile justice system, where the penalties are far less severe. My understanding is the prosecutor now wants to move this probation case into adult court, which I don't think is appropriate.

BALDWIN: That's right.

MESEREAU: If it began in juvenile court, it should end in juvenile court.

But this affluenza defense is not irrational or illogical. I have to believe the defense attorney that used it had a good reputation in that courthouse with the judge and this mother's behavior is confirming the validity of the defense.

BALDWIN: It sounds to me then that -- it sounds like this is almost like a foreshadowing, what you're saying, to how one could defend him moving forward depending on whether he's tried as an adult or a juvenile, right, that it was mom and again this notion of not knowing right from wrong. Do you think that's how they will play it out?

MESEREAU: Well, I know a lot of people don't like to hear this defense, but it has logic and validity to it.

Why should she hold a party right before they flee justice if that's what she did? She's enabling her child and she's bringing him up reportedly to think he's above the law and doesn't have to follow it like everybody else. It's not totally the son's fault. If the parents are raising him this way, that's a problem with the parents.

BALDWIN: Let me just channel so many people watching right now who are listening to you and thinking you have got to be kidding me. Whether you have money or not, you need to be taught right from wrong.

MESEREAU: That's right.

BALDWIN: And the fact that -- and I'm so mindful as well, Tom, of these families of these four people who were killed in this accident and then they see this young man fleeing to Mexico with his mom.

MESEREAU: But what it confirms and proves is mom is not teaching him to follow the law, not bringing him up properly and not teaching him that he walks into court with no more rights than anybody else.

If the mother did what she's reportedly doing, she's still teaching this juvenile that he's above everybody else. That's not right.

(CROSSTALK)

BALDWIN: Just so I'm clear, even though he's older than 18, because it started in juvenile court, traditionally it should land in juvenile court again?

MESEREAU: That's what I believe.

I don't practice in Texas. Obviously, the laws are different from California where I am. And in California, they are constantly trying to bring juveniles into adult court. It's a current trend. But if this case began in juvenile court, I think that's where it should end. I don't think he should be treated differently because of all the publicity.

The fact is what he did was wrong and what his parents apparently are doing, if all the reports are correct, is absolutely wrong and it confirms he's not being raised properly. He's not being taught to follow the law like everybody else. He's being taught he's above it.

BALDWIN: Art, you wanted to jump in. Go for it.

RODERICK: Yes, I did because I think it's going to be interesting to see what reports come from the Mexican state police in Puerto Vallarta area to see what he's been doing since he's been down there.

[15:10:03]

I have heard some reports that say he's been intoxicated every day. There's a possibility, now, I say a possibility, it hasn't been confirmed, there that there might be weapons involved, which I would think would be a legitimate thing to do if you're going to go on the run, especially to Mexico, is to make sure you have some weapons with you.

So I'm not sure if any of that can be used here in the U.S. in our court system, but he is 18 at this point. And he obviously was acting out of the bounds of whatever his probation is. And usually in federal court, the first thing they are going to do is pull the passports and they did not do this in this particular case.

BALDWIN: Reports of intoxication and weapons, CNN hasn't confirmed that, but my goodness. If that's the case, this is about to get even more sticky.

Art Roderick and Tom Mesereau, thank you both, both of your perspectives. We will stay on that, I am sure.

Just ahead here on CNN, a terror plot targeting New Year's Eve thwarted and the plan involved ISIS and military-style outfits. We now know the specific target. We will share that with you.

Also, the police officer accused of murdering a teen in Chicago, firing 16 shots, the whole thing caught on video, he just appeared in court. He entered his plea. You can see massive media presence. We know protesters were also confronting him. We will show you what happened inside and outside of that court.

And hear about the presidential candidate who had had one person show up at his event in Iowa, one person. And, apparently, it was not even a supporter. We will be right back.

(COMMERCIAL BREAK)

[15:15:00]

BALDWIN: First Chicago officer to be charged in more than 40 years for killing someone while on the job pleaded not guilty in court today.

And before Jason Van Dyke faced the judge this morning, he heard some punishing words from protesters as he was walking on into court.

(BEGIN VIDEO CLIP)

QUESTION: Who is the reporter that...

(END VIDEO CLIP)

BALDWIN: OK. Investigators say the victim, 17-year-old Laquan McDonald, was carrying a 4-inch knife when the officer, Van Dyke, shot him 16 times in 15 seconds in October of last year.

Van Dyke is charged with six counts of first-degree murder and one charge of official misconduct. Release of the video of McDonald's death has led to some protests, some high-level firings and the police agency reforms in Chicago.

Let's go straight to Chicago to our correspondent there, Rosa Flores, and also with me here in New York, I have civil rights attorney Debra Cohen.

So, thank you both for joining me.

And first to you, Rosa, there in Chicago. Tell me about what happened in court today.

ROSA FLORES, CNN CORRESPONDENT: Well, hi, Brooke.

The actual arraignment took moments. And, of course, we that Jason Van Dyke pleaded guilty to those murder charges and the charge of misconduct as well. And pretrial motions were set for a month from today to January 29. But a few other topics also came up.

First of all, from Laquan McDonald's family, they were asking for a fair trial and they would like cameras in the courtroom. That's not the norm in Illinois, but now those motions are going to take place, and Laquan's family asking for cameras to be in the courtroom. And you and I know how powerful that can be, the image of both the defendant and the entire process, because we have seen so much about this video.

Now, the other thing, the topic in question is a possible change of venue. As of now, Jason Van Dyke's attorney saying that he doesn't plan to make that motion. Take a listen.

(BEGIN VIDEO CLIP)

DANIEL HERBERT, ATTORNEY FOR JASON VAN DYKE: We're certainly going to explore every possibility that we have which gives my client the best opportunity for a fair trial. And if we make a decision that the change of venue is something needed in order for my client to get a fair trial, then we will absolutely explore that option.

(END VIDEO CLIP)

FLORES: Now, Brooke, I want to take you into the courtroom for just a moment, because, of course, we have seen that video of Jason Van Dyke walking into the courthouse and protesters around him screaming things at him.

We have always seen him with a very stoic face. Today, for the very first time -- now, we get to see him inside the overflow room, where he has to wait like everyone else for the judge to call him up. For the first time, actually saw him interact with someone, break a smile. He looked like he was joking a bit with an individual who was in the court with him.

That's the first time that I have seen it since we started covering this proceeding. And so that just comes to show what you can see if you're actually able to see the trial on television, if cameras are allowed inside. So, those are the kind of behind-the-scenes pictures, video that the family is hoping that everyone can see.

BALDWIN: We mentioned a moment ago this officer was greeted by -- greeted, I say that halfheartedly -- by protesters as he's walking in the court. Let's try that video again.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Couldn't wait to shoot a black man. You couldn't wait to shoot an unarmed black man.

(END VIDEO CLIP)

BALDWIN: So with that, Debra, let me just bring you in, because it was the video, right, it was the video of the 16 shots fired that was finally released.

And my question to you would be what would be sort of the first line of defense if you're defending this officer? I imagine discrediting the video altogether. How?

DEBRA COHEN, CIVIL RIGHTS ATTORNEY: Well, officer Van Dyke took Laquan McDonald's life on a Chicago street, and now officer Van Dyke and his lawyer are fighting for his life within the Chicago courtroom.

And keep in mind that a courtroom is -- as opposed to the court of public opinion, a courtroom is a very intimate place. And so while the video may be the most critical piece of evidence and the defense lawyer is going to want to essentially slow it down frame by frame to try to convince the jury or the judge, if there isn't a jury, that there are things that were happening that the video is not showing clearly.

BALDWIN: The intangibles.

(CROSSTALK)

COHEN: And fill in the gaps and try to make the officers fear for his life or the life of others at the hands of Mr. McDonald seem to be a reasonable fear.

[15:20:00]

And one of the things that the defense lawyer is going to do is essentially start stage managing, if you will, the courtroom before the trial even gets under way...

BALDWIN: How do you mean?

COHEN: ... before the video is even shown.

(CROSSTALK)

COHEN: He's going to be -- they are going to be very aware of how their client is dressed, the facial expressions that he has. Your reporter was just talking about someone observing him cracking a smile.

I think the defense lawyer is going to counsel his client to be aware of the fact that if certainly there's a jury, that a jury in a courtroom is watching every move that the lawyer and the defendants make. So be very careful about your affect.

BALDWIN: And the fact that Laquan McDonald's family want the cameras in a courtroom, which isn't done in the state of Illinois, even on sort of this level of court. Do you think that that may be something that they would grant?

COHEN: It's possible.

We do have a belief in this country that trials are supposed to be open, that people have a right to know. There are concerns whenever particularly there's a police shooting case about the transparency and the integrity of the process.

I'm not sure that from, the officer's point of view, cameras in the courtroom would necessarily be the worst thing in the world, depending on how effective his lawyer can be in humanizing him and to making the people -- helping the people watch the trial stand in his shoes at the moment that he is shot.

I think the biggest challenge that his defense lawyer is going to have is not necessarily the first few shots that the officer fired, but the shots, numerous shots that were fired once Mr. McDonald was on the ground.

BALDWIN: Debra Cohen, thank you.

COHEN: Thank you.

BALDWIN: We will be covering it thoroughly.

Rosa Flores, thank you as well.

Now to this. The U.S.-led coalition says an ISIS leader connected to the Paris attacks has been killed in an airstrike, we're told the Syrian-based member of ISIS with a direct link to the ringleader of the attacks.

Joining me now is CNN terrorism analyst Paul Cruickshank. He's also the editor in chief Of "The CTC Sentinel."

Paul Cruickshank, nice to see you, sir.

Tell me more about this man.

PAUL CRUICKSHANK, CNN TERRORISM ANALYST: Hey, Brooke.

Yes, Charaffe al Mouadan is a French ISIS fighter, 27 years old. He traveled a couple of years ago from France to Syria. He was killed in this strike the day before Christmas Day. And French sources close to the investigation of the Paris attacks telling us that he was in touch with the Paris plotters in the days before the attacks.

The anti-ISIS coalition has said that he was in touch at a certain point with Abdelhamid Abaaoud, the ringleader behind the plot. During that siege of the Bataclan theater, there were some of the survivors who overheard two of the attackers talking about possibly phoning up somebody called Soulaymane during the actual attack.

Well, Soulaymane is one of this guy's aliases. And Charaffe al Mouadan also childhood friends, connected to Samy Amimour, one of the Bataclan attackers, so lots of ties between him and the Paris attacks, but what they are trying to figure out is whether he had some kind of command and direct role from Syria or perhaps he didn't have any role at all and just happened to be in touch.

They are still not sure of that completely, the French investigators, right now, Brooke.

BALDWIN: So that's the one item I wanted to ask you about. Number two, capital of Belgium being Brussels, this plan, apparently some sort of attack on New Year's Eve thwarted. Tell me about that.

CRUICKSHANK: Well, quite extraordinary. An ISIS-inspired plot to hit the center of Brussels, potentially to hit the Grand Place, the main square here in Brussels, crowded spaces, military facilities, police stations.

We're hearing from Belgian counterterrorism officials that this duo who had been arrested for plotting this attack were members of a Muslim biker gang called Kamikaze Riders. This is a biker gang here in the Brussels area that has been on the radar screen in previous years of counterterrorism investigators here.

A couple years ago, one of its leaders had been in touch with this brother in discussing a plot to hit Brussels. And they had learned, Belgian authorities, that this -- part of this biker gang had been discussing the idea of launching these attacks here in the capital in the lead-up and during the new year celebrations.

And because they are part of biker gang and they had had potential access to weapons and these individuals have been involved in robberies and criminality in the past, they felt they couldn't take any chances because, yes, they could get weapons quite easily.

[15:25:05]

But when they went in, they found that they didn't have weapons or explosives yet. But they had to move in as soon as obviously they learned that there could be a potential risk here in the capital. We're hearing that it wasn't imminent, imminent, imminent in the sense that it was about to happen. That's why they didn't raise the alert level all the way up to four, the maximum level here in Belgium, like they did several weeks ago a week after the Paris attacks, but, nevertheless, significant concern here in Belgium, as we approach the new year celebrations that somebody inspired by ISIS could try to do something to destroy everybody's holidays here.

BALDWIN: Thwarted, thank goodness. Paul Cruickshank, thank you so much.

Coming up next, Donald Trump is going on another tirade, saying that Jeb Bush is dumb, Bill Clinton is terrible and Chris Christie has been a disaster for New Jersey. We will take you live to Iowa just hours before his next rally.

Plus, Iraq's prime minister plants a flag in Ramadi. But local leaders dispute what he says about the army's victory there -- details ahead here on CNN.

(COMMERCIAL BREAK)

BALDWIN: Bottom of the hour. You're watching CNN. I'm Brooke Baldwin.

In our very latest CNN poll here, Donald Trump leads by 21 points, not taking it easy on his Republican opponents here, on Democrats Hillary Clinton and Bernie Sanders, or on Bill Clinton, because his comments when it comes to the former president are only getting stronger.

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DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: That's what they said. They called him a racist. I don't believe he is a racist, if you want to know the truth, but they called him a racist.