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Report: Jury Finds Dylann Roof Guilty in Church Massacre; Dylann Roof Guilty on All Counts in Church Massacre; Legendary sports reporter dies; Penalty phase begins January 3 for Roof. Aired 3:30-4p ET

Aired December 15, 2016 - 15:30   ET

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

[15:30:00] RANDY ZELIN, DEFENSE ATTORNEY: The guilt phase as something else, again, if I'm a defense attorney and I'm sensitive to your point I'm thinking about my credibility and I want to save my credibility when I'm trying to convince them not to kill him. So perhaps it was not the worst strategy in the world to let him be who he is, let's not try to insult the jury's intelligence and suddenly he's chock full of emotion and regret and remorse, let's save it for the penalty phase and I would submit during the penalty phase they will pull out all the stops to show why there are these mitigating factors. Don't kill him, ship him off, let him spend -- he'll come out feet first out of jail but don't fry him.

BROOKE BALDWIN, CNN ANCHOR: I was in Charleston a couple months ago, I talked to Polly Sheppard who survived who was hiding under a table when he said to her "I'm going to spare your life so you can tell the story of what I've done." these people are better than me. They have such tremendous forgiveness in their hearts and they also some of whom say we don't want him to be put to death. Does that factor in at all in the process of justice?

DANNY CEVALLOS, CNN LEGAL ANALYST: When you get to the penalty phase, the rules of evidence go out the window. Virtually anything relevant to an aggravating and mitigating factor can come in as evidence for the defendant or against him. That includes impact statements from victims. The rules are so broadly interpreted that anything and everything may come in at the penalty phase and be considered by this jury.

BALDWIN: If you are just now joining us, we have breaking news. The guilty verdict has been reached in the trial of this racist murderer in Charleston, South Carolina, a man who walked inside of this bible study in June of last year and opened fire, killing nine worshippers. Areva Martin is with us. Areva, your response to how quickly and swiftly the jury arrived at this moment?

AREVA MARTIN, CIVIL RIGHTS ATTORNEY: It's what I expected, Brooke, given the overwhelming evidence, given his confession, given all of the evidence presented in this trial. I just can't even imagine what the victims' families are going through. This is closure that victims want in terms of getting a guilty verdict, but for the families I don't know if they will have ever true closure because this crime is so horrific. We just heard the 911 tape from Polly Sheppard. Listening to her as she hid under a desk will live on in the minds of these victims and their families wherever. Now we move to this emotional penalty phase which will just reopen those wounds.

BALDWIN: Joey Jackson has just been seated. We've talked quite a bit about this trial. The jury had this for maybe two hours, asked one question about the confession video, quick. Guilty.

JOEY JACKSON, CNN LEGAL ANALYST: I don't think it's any surprise he's guilty. What's interesting to me, Brooke, is he said he did this to start a race war. If anything in my view, it's brought that community together. That community has been gracious. Those victims and everything else has been forgiving, have been so loving so if there's anything he has done I think she's shown the power and will of a community he tried to break but there's not a shock as it relates to 33 counts the. Shock was that they had a question at all. But what I'm interested in now is whether or not if he decides to represent himself --

BALDWIN: Which he says he wants to.

JACKSON: He also said he wanted to represent himself in this phase, whether he now says I want to be a martyr and as a result of it asks for death or whether he had some other plan in mind and backs out and lets his attorneys do their job which is an attempt to find mitigation.

BALDWIN: We are waiting to talk to our reporter who was in the courtroom and he can walk us through what's happening and just the emotion within this room but I had the privilege of talking to Polly Sheppard a couple weeks ago, and she shared the story even down to the bible passage they were studying when these people were slaughter ed.

(BEGIN VIDEO CLIP)

BALDWIN: Evil walks into the side door of your church.

POLLY SHEPPARD, CHURCH MASSACRE SURVIVOR: I had faith. That's why I'm still here. I prayed under that table and he left me here so I can't doubt him no time.

BALDWIN: Is there a day that goes by that you don't think about what happened?

SHEPPARD: I think about it every day. Every day.

BALDWIN: Do you remember the message of the bible study was?

SHEPPARD: Mark 4:13-20. "stony ground, shallow ground and good ground. Stony ground is not going to grow. On shallow ground, it grows but dies real fast but on fertile solid ground it grows.

BALDWIN: Of all passages to be reading that night and he walked in there and he was hoping to plant these seeds of evil and hate and of racist thoughts.

SHEPPARD: Didn't work.

BALDWIN: It didn't work. SHEPPARD: He was in the wrong place.

BALDWIN: When you sit in those pews on a Sunday morning what does it do for you for your heart? Your soul?

SHEPPARD: I feel at peace in church.

[15:35:00] BALDWIN: I've talked to a lot of people who have been in horrible situations and those who survive sometimes feel that why me. Do you ever think that way?

SHEPPARD: I often do, yes. There's something for me to do and I'm sure he'll let me know what it is. Maybe I'm doing it already, I don't know but there's something -- he wasn't ready for me yet.

BALDWIN: Do you have a favorite hymn or song that you go to in moments of --

SHEPPARD: My favorite is "when peace like a river attendeth my way, whatever my lot god has taught me to say it is well worth my soul."

BALDWIN: How often do you say that or think that?

SHEPPARD: I think it often. Very often.

(END VIDEO CLIP)

BALDWIN: I know Ms. Sheppard doesn't like talking about that day but I'm so grateful to her for opening up just for a few moments in the room. Back to my lawyers, as we have learned, guilty. All 33 federal charges he has faced. Walk through some of the charges.

CEVALLOS: Well, you have a hate crime resulting in death and you have most importantly the death penalty, the federal death penalty act so he qualifies for the death penalty hearing, that's why he's been charged and that is what's going -- we're going to spend the next probably weeks dealing with. But those are the lead charges. There's also some federal gun charges but the thing to understand is even if there were no death penalty, with federal sentencing guidelines being what they are, without the death penalty we'd be looking at life in almost all cases and at least the gun charges alone you're looking at many, many years in prison.

BALDWIN: Randy, this has been -- saying it was emotional for this community is an understatement and to be coping with this and having this man day in and day out sitting with these family members and the victims' families, for a defense attorney, how do you stand up there and defend his life.

ZELIN: Well, I think it was defended precisely the way it should have been defended.

BALDWIN: But looking to the penalty phase.

ZELIN: It is very complicated and the jurors can't unravel, they can't unpack what their responsibilities are which favors the defendant because again we have aggravating factors in one bucket, mitigating factors in one bucket. The jury must be unanimous to find at least one aggravating factor in order to impose the death penalty. They don't have to be unanimous in terms of finding a mitigating factor.

It's very complicated and they'll add a few other layers. Number one, you have ten women on this jury, ten potentially mothers. Imagine having to play god as a mother and determine whether or not someone's child should live or should die. They're going to hear about his upbringing, the broken family he came from, his life and what he went through as a child. Can one person say "I cannot punch his lights out"? Then remember you had the church saying he should not be put to death. All of those things factor in.

JACKSON: I don't believe that it is so complicated. I certainly think the job is sober to do but ultimately this is a death penalty qualified jury. That means they look the judge and everyone else in the eye and what they said was this. In the event, we find evidence and that evidence is significant enough to impose a death penalty we will honor our solemn obligation and do it. With regard to the aggravating factors I believe they will be paraded. That prosecution, three very important things. They'll talk about the heinous nature of the act, the cruel and inhumane nature of the act which is very compelling. That I'll talk about the preparation he engaged in with this act, shooting, having target practice, purchasing the gun, the racist manifesto. And I think they'll focus in on the vulnerability of the victims as they stood there. So ultimately in mitigation you can look at everything in his background but that jury has sworn to do their job if they feel it's appropriate.

BALDWIN: Stand by all of you. We're going to take a quick break. We know he has been found guilty on all 33 federal charges in this case in Charleston, South Carolina. Next, we talk to a reporter who was in the courtroom. Don't miss this.

[15:40:00] (COMMERCIAL BREAK)

BALDWIN: We will get you back to Charleston momentarily but I want to tell you about that beautiful soul, Craig Sager, sports reporter best known for his colorful interviews and wardrobe. He's passed away after battling acute myeloid leukemia. He was 65 and I want to read a statement from Turner President David Levy following Craig's passing. "Craig Sager was a beloved member of the Turner family for more than three decades and he's been a true inspiration for-to-all of us. There will never be another Craig Sager. His incredible talent, tireless work ethic and commitment to his craft took him all over the world covering sports. While he will be remembered fondly for his colorful attire and the TNT sideline interviews he conducted with coaches and players, it's the determination, grace and will to live he display in his battle with cancer that will be in our lasting impact. Our thoughts are with Stacy and the entire Sager family during this difficult time. We will forever be Sager strong."

He passed away just say after he was abducted into the sports broadcasting hall after fame. I was privileged to work with him at the NBA all-star game in January. Here is a look back at his life. (BEGIN VIDEOTAPE)

UNIDENTIFIED REPORTER: For over 40 years, Craig Sager reported sports in style, and a unique style it was. He made his debut back in 1974 during one of the most iconic moment in sports, after Hank Aaron hit his report 715th home run, Sager, a radio reporter at the time, ran on to the field and joined in the celebration at home plate. Even as a 22-year-old, Sager stuck out in the crowd with his big white trench coat. Sager joined CNN in 1981, reporting from various sporting events and serving as a host for CNN sports tonight. He would later move on to turner sports, becoming a regular on the NBA sidelines reporting in his colorful suits.

[15:45:00] KEVIN GARNETT: You take this and you burn it.

CRAIG SAGER, SPORTS REPORTER: Not any part I can keep?

GARNETT: No, nothing.

PHIL JACKSON, FORMER BULLS AND LAKERS COACH: I didn't recognize you, I thought you were the good humor ice cream man.

UNIDENTIFIED BASKETBALL PLAYER: Nice suit. Easter passed, though, Easter already went by.

UNIDENTIFIED REPORTER: In the spring of 2014, sager was diagnosed with acute myeloid leukemia and had to take a break from work undergrowing treatment. 11 months after his diagnosis, Sager made it back to the court and his longtime friend and spurs coach Gregg Popovich welcomed him back.

GREGG POPOVICH, SPURS COACH: I have to honestly tell you, this is the first time I've enjoyed doing this ridiculous interview we're required to do because you're here and back with us. Welcome back, baby.

UNIDENTIFIED REPORTER: Unfortunately, last March, Sager announced his leukemia was no longer in remission, but that didn't stop him. He kept working, landed on the cover of "Sports Illustrated" and for the first time in his career reported in the NBA finals.

LEBRON JAMES, CAVALIERS FORWARD: How in the hell do you go 30 plus years without getting a finals game? That don't make no sense. I'm happy to see you, man.

UNIDENTIFIED REPORTER: In September, Sager received a rare third bone marrow transplant at MD Anderson Hospital in Houston. His wife was ill and could not be by his side so Charles Barkley who recently had hip replacement surgery, against his own doctor's orders, flew from Phoenix to Houston to be with Sager.

CHARLES BARKLEY, WORKED WITH SAGER AT TNT: When you visit sager, you're like are we sure this dude got cancer? He is the most positive person I've ever met in my life and to go through what he's going through with that attitude has been amazing.

UNIDENTIFIED REPORTER: In July, Sager was presented with the Jimmy V Award. He delivered a speech reminding everyone to have hope and faith.

SAGER: I will continue to keep fighting, sucking the marrow out of life as life sucks the marrow out of me. I will live my life full of love and full of fun. It's the only way I know how.

(END VIDEOTAPE)

[15:50:00] (COMMERCIAL BREAK)

BALDWIN: Back to our breaking story out of Charleston, South Carolina. Guilty on all 33 counts. This racist who walked into a church in June of two summers ago and murdered all nine people. Quickly, let me read you the statement from the South Carolina Governor Nikki Haley. She says, it is my hope that the survivors, the families and the people of South Carolina can find some peace in the fact that justice has been served. Nick Valencia was inside the federal courtroom. Tell me what happened. What did you see?

NICK VALENCIA, CNN CORRESPONDENT: We were watching Dylann Roof the whole time as he stood in silence listening to the verdict read out loud in the courtroom. His right hand noticeably fidgeting and his ears turning red as the verdict was read. Most importantly in the courtroom, family members of the victims. I was watching them as the verdict was read out loud. None seemed to be surprised. Some bowed their heads in prayers. Others comforted each other and wiped tears from their eyes. It was an emotional day punctuated by the federal prosecutors showing a gruesome and bloody image of the worshippers shot and killed by Dylann Roof in 2015.

I saw one of the jurors tear up when she was shown the photo. Another noticeably grimacing at the sight of a really hard to watch photo. The whole trial, about six days, two hours of deliberation in all, is what it took the jurors to decide that Dylann Roof is guilty of all charges that he faced in this case. The next phase is the penalty phase. That will happen on June -- I'm sorry -- January 3rd. Court will commence at about 9:00 in the morning according to the judge. That's where things stand right now here in Charleston. Brooke.

BALDWIN: Remind me, Nick, of the makeup of this jury.

VALENCIA: It was nine white women, three African Americans. There were some -- something to be made about that here in the community. Some felt that it wasn't representative of the community breakdown here. But all of those jurors were asked to affirm their decision, and all of them said -- there was a resounding, yes, they found Dylann Roof guilty, Brooke.

BALDWIN: As far as his family. You talk about the victims and members of the church community in the courtroom wiping away tears. His mother had that heart attack last week. And were his grandparents in there today? Did they react at all?

VALENCIA: Earlier this morning I saw the grandmother. Actually, sat behind Dylann Roof's grandmother, she was flanked by a priest she brought to court. I didn't see the grandmother in court this afternoon as the verdict was read. We don't know where his family members are. Dylann Roof, for his part, mostly expressionless and emotionless. That really upset a lot of people in the city of Charleston that's handled this tragedy with such emotional integrity and grace.

They have gone through a lot over the course of the last year. Not to mention the trial of Michael Slager, the officer accused of shooting a black man in the back while running away from him. That trial just ended as this Dylann Roof trial started last week. The city has been handling this situation, which is an immense tragedy, with so much grace and poise. And so far, we have not heard of any demonstrations in the streets. Right now, on the streets of Charleston things are quiet. It's really not a surprise that Dylann Roof was found guilty on all charges. Brooke.

BALDWIN: Thank you so much. In Charleston, just having come out of the courtroom here. Shall we talk to the lawyers sitting next to me? All right. I have three of you all here. Just listening to nick talking about the color from the courtroom. I am also skipping ahead already to the penalty phase. Joey, which would ultimately determine life or death for him. When -- how quickly could that start?

[15:55:00] JACKSON: I think it will start January 3rd. I think it will begin on that day, bright and early in the morning. I think the prosecution is intent, we know that he, of course, Dylann Roof, there was a deal he tried to make in terms of sparing his life. The prosecution said, no, we want death. In moving forward, they're going to high height the tragedy that occurred. Aggravating factor, Brooke, is the heinous nature of the crime. The cruel and inhumane nature of the crime. In a church, during bible study, during prayer with their eyes closed. That aggravates the situation. Which is defenseless victims. It will go to the issue of how he prepared and knew exactly what he was doing. The compelling emotional component, when you go and you are handed a bible and you're handed scripture and told, pray with us. You are welcome to be with us. The moment people close their eyes to pray you engage in that act. It's something for the jury to consider. I don't think it bodes well in his favor.

BALDWIN: What is the biggest challenge for the prosecution here in the penalty phase?

MARTIN: I think it's been said, Brooke. The question is you have all of these women on the jury? I agree with Joey Jackson when he says they've been qualified. They've already stated that they're capable of returning a verdict for death if the evidence is there to support it. But you have women, women who by nature are more nurturing in a lot of these cases, and can they make a decision to put Dylann Roof to death. I am concerned that his desire to move forward without his attorneys is just another way for him to victimize the victims in this case.

BALDWIN: We'll see. He wanted to do it in the trial. That didn't end up flying. Perhaps he will change his mind. Let me thank all of you here. Guilty, all 33 counts. I'm Brooke Baldwin. Thank you so much for being with me. Special coverage continues on CNN just after this.