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Prosecutors Question Officer in Arbery Case; High Gas Prices Won't Deter Travel; Senators Urge Biden on Gas Prices; NASA Astronauts Back on Earth. Aired 9:30-10a ET
Aired November 09, 2021 - 09:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
[09:31:24]
JIM SCIUTTO, CNN ANCHOR: Right now, an officer who responded to the shooting death of Ahmaud Arbery is on the stand in the trial for the three men accused of murdering him. This is the fifth witness for the prosecution.
ERICA HILL, CNN ANCHOR: Yesterday, the state introduced several key facts into evidence, including graphic photos of Arbery's body, video of the shooting and testimony from another officer who said at least one of the defendants never claimed to be attempting a citizen's arrest.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Did Bryan ever say he was trying to make a citizen's arrest of Ahmaud?
UNIDENTIFIED MALE: No, man.
UNIDENTIFIED FEMALE: Did Bryan ever say he was trying to arrest Ahmaud for criminal trespass?
UNIDENTIFIED MALE: No, ma'am.
UNIDENTIFIED FEMALE: Loitering?
UNIDENTIFIED MALE: No, ma'am.
UNIDENTIFIED FEMALE: Burglary?
UNIDENTIFIED MALE: Didn't mention it.
UNIDENTIFIED FEMALE: Attempted burglary?
UNIDENTIFIED MALE: No, ma'am.
UNIDENTIFIED FEMALE: Aggravated assault?
UNIDENTIFIED MALE: No.
UNIDENTIFIED FEMALE: Anything?
UNIDENTIFIED MALE: No, ma'am.
UNIDENTIFIED FEMALE: And did Bryan ever say that he told Ahmaud that Ahmaud was under arrest for anything?
UNIDENTIFIED MALE: No, ma'am.
(END VIDEO CLIP)
HILL: CNN's Ryan Young is live in Brunswick, Georgia, this morning.
So, Ryan, what more do we expect to hear from this fifth witness today?
RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Well, good morning.
Right now the trial has just starting. In fact, they've already taken the first break, sort of, because there's a back and forth between the attorneys and the judge right now.
The officer who arrived on scene, who was tasked with talking to Greg McMichael, his name is Jake Brandonbury (ph), this is the first time he's ever been in front of a court setting. And, in fact, they were getting ready to play some of his body camera, and the defense just said they don't want all of this body camera being played. The judge looked annoyed. They asked the jury to step out. So this is all playing out.
And let's not forget, yesterday was one of those days where the first officer who arrived on scene was describing what he saw as soon as he arrived. And we had his body camera video. And you saw that he didn't render aid to Ahmaud Arbery as she's on the ground. He said he was worried about his safety. And then there was that conversation that happened around that body, basically saying where people admitted they blocked him five times before the shooting happened.
Then you had the other investigator, who was taking pictures.
Today we're supposed to get more video. So this is really sort of being pieced together by the mosaic of video, not only from the video that was taken as he was being chased and then the video from the officers, all this is going on.
But just think about this. There is a mother sitting in that court who's had to watch this terrifying video. I mean those pictures that we saw yesterday were quite hard to see. And, in fact, people who were in the jury were wrestling in their seats when they saw those pictures.
But take a listen to Ahmaud Arbery's mother talk about why she was here in court and what she saw when she looked at that video.
(BEGIN VIDEO CLIP)
WANDA COOPER-JONES, AHMAUD ARBERY'S MOTHER: I avoided the video because I didn't think I could take it. But then, the trial started, and I knew it was time for me to try to get familiar with it because I was going to see it over and over again.
I'm hoping that the jury see what the world see, is that Ahmaud hadn't committed a crime, he was simply out for a jog. He did stop by that unoccupied home, but, again, Ahmaud didn't commit a crime. And Ahmaud was chased and eventually killed.
(END VIDEO CLIP)
YOUNG: Yes, you think about yesterday and that testimony that lasted for more than four and a half hours of that one officer.
So now we have another officer today. Things are just getting ready to get started with this body camera video. We already had that delay because the defense basically said they don't want that body camera being played. So it's something that we're going to continue to watch. And, of course, if something pops up, we'll let you know.
[09:35:01]
But as of right now, they've stepped out of court in terms of the jury and they're going to move this forward after having some discussion about more body camera being played.
Guys.
SCIUTTO: Well, that poor mother.
Ryan Young, good to have you there.
And we are watching live pictures here from inside that courtroom. As we do, let's bring in attorney and CNN political commentator Bakari Sellers.
Bakari, good to have you on this morning.
I'm curious how the citizen's arrest law plays into this. We should note, it's been largely repealed since and because of this case, but it was the law at the time. What was behind that, and, you know, what relevance does it have, in your view as a lawyer, to the prosecution and the defense?
BAKARI SELLERS, CNN POLITICAL COMMENTATOR: Well, I think that the defense in this case are going to hang their hat on that antiquated, outdated law which breeds vigilantism. And most people have gotten rid of it. Most states have gotten rid of the ability to do these type of citizens arrests because of incidents just like this.
What you have is a young black boy who was out running, who visited an unoccupied home, and, I mean, if that's a crime, like I say often, my wife and I, we go through houses and look and see what people are doing, people are walking through the house that we're doing right now. I mean people do this quite often. But for it to end with the death penalty, which is what these three men carried out, is a fundamental problem. Even if you do have the ability to commence a citizen's arrest, you don't have the ability to hand out the punishment in the most severe form they did, which was murdering Ahmaud Arbery.
SCIUTTO: Yes.
HILL: Well, and also, Bakari, based on what we heard yesterday and that little bit of sound that Ryan played for us, that line of questioning, right, that the officer who arrived on the scene testified that William Bryan never told him that he was trying to make a citizen's arrest. Yet this is one of the two key points for the defense, the other one being self-defense. And the officer also talking about how, you know, this truck chased him -- chased Ahmaud Arbery five times. Everything that's being laid out, obviously if you're the prosecution, you're trying to poke holes in the defense. But this is -- does not bode well just based on what we're seeing at this point in terms of the argument that we're expecting to hear.
SELLERS: Yes, but I -- pardon my being jaded, I think, by reality in this case, and pardon me for just being somewhat cynical because I recall that these facts were laid out for two different prosecutors, which both declined to prosecute this case, even before charges were brought.
Look at the makeup of this jury. This is still going to be an uphill battle for justice.
I do agree with you, and I think that the prosecution is laying out a brilliant case. They're poking holes in this theory of self-defense. They're poking holes in this theory of commencing a citizen's arrest.
SCIUTTO: Yes.
SELLERS: But it's still very early in this trial. And this is still going to be very difficult convictions to get. However, we're prayerful that justice is had in this case.
SCIUTTO: Bakari, I have to ask you, because you bring up the idea of vigilantism as it relates to the Arbery case. But it's also relevant to the other case we're watching, Kyle Rittenhouse. Here you have a 17-year-old from out of state, drives up to events out of his own state to sort of self-appoint himself as a lawman, right, in the midst of protests and looting there.
How does the law treat that case? You know -- you know, the specific circumstances, but also what led to this, right, which is the idea that anybody can kind of pick up a gun and go somewhere else and just say, hey, you know, I'm going to help the cops.
SELLERS: Yes, I mean, I think that what you're outlining here is what I used to hate in law school, but it's the slippery slope argument. Like, where does this stop?
But let's actually look at both cases. There are two key facts in both of these cases that I want to point out.
The first is that, if you recall in the Ahmaud Arbery case, this was videotaped. Like, they literally -- they literally took their phone out and began to record this. There was some level of premeditation going into that.
If you look at the Rittenhouse case, he crossed state lines. His mama drove him across state lines, dropped him off, so that he could help the cops or do whatever he thought he was doing. And the only person who fired shots that night was Rittenhouse.
But we're seeing this somewhat unequal doling out of justice and right now it's left up to juries of our peers in two separate parts of the country. And let me just tell you, I'm fearful that both of these will come down -- I mean not guilties just because of, again, as I told Erica earlier, my jaded sense of reality.
SCIUTTO: Wow.
HILL: You're also seeing a frustration, I think, with not only the makeup of the jury that you're seeing there in Georgia, but also the comments, as we know, from the judge in Wisconsin related to not even using the term alleged victims. There's a lot -- there's a lot here. Certainly not done looking into.
Bakari, good to see you. Thank you.
SELLERS: Thank you. Thank you for having me.
HILL: Up next, pressure on President Biden to respond as gas prices, which you have likely noticed, hit a seven-year high. So, what can he do? We'll take a look at the limited power any president has to make a real impact.
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[09:44:36]
HILL: Your table could be a little bit more crowded this Thanksgiving. AAA expecting more than 53 million people will travel for the holiday this year. That, of course, despite gas prices hitting seven-year highs. People happy that they can get together again.
SCIUTTO: Yes. Can't wait for the political conversations at the Thanksgiving table. Those are going to be awesome across the board.
HILL: I'll pass.
SCIUTTO: CNN's aviation and transportation correspondent Pete Muntean at a gas station outside Washington this morning.
[09:45:03]
So, what's the preference here? I mean better to fly? Better to drive?
PETE MUNTEAN, CNN AVIATION AND TRANSPORTATION CORRESPONDENT: Maybe better to fly. Those numbers also off the charts. Although 48 million people will drive. The vast majority of folks. And really the big headline here is this is really going to feel more
like 2019, rather than 2020. In fact, the numbers, AAA anticipates for driving, are really not all that far off from 2019. Only about a 3 percent difference.
So, the big headline is the traffic will be back, Jim. Also, the cost of driving will be back. Don't get used to those 2020 gas prices that you paid last year. It's actually gone up about $1.30 since. So, gas prices have hit a seven-year high.
And what's so interesting is that AAA anticipates that people will still hit the road even in spite of that.
(BEGIN VIDEO CLIP)
ANDREW GROSS, AAA SPOKESMAN: We're close to pre-pandemic numbers. So, we're telling people, look, you're going to find lines at the airport. It's just inevitable. So, get there, that old-fashioned, like, at least two hours early. And if it's an international flight, three hours early.
(END VIDEO CLIP)
MUNTEAN: So the national average for a gallon of gas, $3.42. $3.27 here in Alexandria, Virginia. It was $2.11 this time last year. AAA says the gas price is really not being driven up by the demand on the horizon, it's really more about the supply. And they think that oil producing nations are actually constricting the supply a little bit because they're trying to recoup their pandemic losses. So, we'll see how high these numbers get by Thanksgiving time.
SCIUTTO: That's how cartels work.
Pete Muntean, thanks so much.
New this morning, a group of Senate Democrats are calling on President Biden to fight, or do what he can to fight, rising gas prices. In a letter to the president, the 11 senators said the seven-year high in gas prices has, quote, placed an undue burden on families and small businesses.
HILL: Are urging Biden to consider releasing barrel from the nation's emergency oil reserves or even taking the more extreme step of banning oil exports.
CNN business reporter Matt Egan is following all of this for us.
So, Matt, in this letter, they're specifically pointing out things that they think can be done. There's also a reality of what that actually would result in, in terms of prices.
Walk us through that.
MATT EGAN, CNN BUSINESS REPORTER: Well, Erica and Jim, alarm bells have got to be ringing in the White House over prices at the pump. And now the president is under pressure from his own party to do something.
Elizabeth Warren, Sherrod Brown and other Democrats, they're calling for the president to use all available tools, including releasing barrels from the Strategic Petroleum Reserve, or even banning oil exports.
Let me read you a key line from this letter from Democrats. They wrote, continued U.S. exports and overseas supply collusion could be devastating to many in our states, contributing to higher bills for American families and businesses.
But, you know, unfortunately, the president does not have a magic wand to lower gas prices. That's just not the way it works.
Now, nonetheless, we could still see the president act here. We could see a release from the Strategic Petroleum Reserve. But industry experts that I'm talking to, they don't think that's going to have a lasting impact on prices, which you can see have gone up and really recovered after going negative in April of 2020. And that's because a release from the SPR is not going to get at the underlying problem, which is that supply hasn't caught up with demand.
Another idea is that maybe the U.S. is not going to act alone here. Maybe other oil consuming countries in Asia and Europe, maybe they're going to release barrels as well. That could have a bigger impact. And it could also be used as an energy diplomacy tool, effectively saying either you act or we will to OPEC. And if you don't act and we do, you're not going to be getting those -- that oil revenue. So we could see that as well.
Clearly, the president is under pressure here to do something, but there's no easy options.
SCIUTTO: Yes.
HILL: No easy options. It is painful, though, I have to say, when I filled up my car over the weekend. So, Americans get the pain. We'll see what happens next.
Matt Egan, appreciate it. Thank you.
EGAN: Thanks.
HILL: Up next, can't tell by these smiling faces, the focus this morning on the astronauts who came back from a six-month mission in space, not really on the time up there, it's about their journey home and the need for diapers. A live report is next.
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[09:53:55]
SCIUTTO: NASA Astronaut Shane Kimbrough says it is great to be back on planet earth after spending the last six months in space.
I'm jealous. HILL: Yes. It would be amazing to be up there for six months. Maybe
the reentry wasn't quite what you had in mind, though, Jim. She and three other astronauts splashed down safely off the Florida coast last night. It was a nine-hour space flight aboard their SpaceX Dragon capsule. A fleet of rescue ships waiting for their arrival, bringing them safely to land.
CNN's Kristin Fisher joining us more -- now with more.
Look, there's a lot of focus -- the mission really important -- there seems to be a lot more focus, though, on the -- on the reentry and the challenge during that flight home this morning, Kristin.
KRISTIN FISHER, CNN SPACE AND DEFENSE CORRESPONDENT: There always is, Erica. And, you know, the problem here was that the toilet on board this SpaceX Crew Dragon capsule was out of order for the entire nine- hour trip home. SpaceX had discovered that the urine collection tube on a different Crew Dragon capsule had come unglued. They were able to fix that capsule, fix that problem here on Earth, but they weren't able to fix it with this Crew Dragon capsule because it was up in space.
[09:55:05]
So, out of an abundance of caution, the Crew-2 astronauts had to either hold it or use the astronaut gray diapers that are essentially built into their space suits. But don't call them diapers. NASA calls them undergarments. And the Crew-2 astronauts, when they were asked how they -- how they felt about this, they described it as, and I'm quoting here, this is a great word, suboptimal. They thought it was suboptimal that they had to use these undergarments for the return home.
But they're not too worried about it. I mean this is something that astronauts have trained for since the very beginning of NASA. And these astronauts are quite fluent with a lot of issues that they had to deal with during their six months on board the International Space Station.
This is the crew that had to deal with a scary false alarm about a close call with debris getting too close to the Space Station. And then they also had to deal with a parachute not fully deploying right before splashdown.
But, Jim and Erica, now we wait and see if Crew-3 will launch off, which -- will launch, which is set for tomorrow night.
SCIUTTO: Yes. I mean, Alan Shepard, the first American man in space, he initiated peeing in the space suit.
Kristin Fisher, thanks so much.
And we are learning there was no plan, no plan to deal with the surging crowd at the deadly Astroworld concert. The tragedy has now prompted at least 18 lawsuits. We're going to have the latest on the investigation there, the security failures. That's coming up. (COMMERCIAL BREAK)
