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Today, Prosecution to Wrap Up Case After Calling 19 Witnesses; Average Daily U.S. Cases Remain Relatively Steady for Three Weeks; U.S Capitol Rioter Who Fled to Belarus Says He May Seek Asylum There. Aired 10:30-11a ET

Aired November 09, 2021 - 10:30   ET

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

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[10:30:00]

JIM SCIUTTO, CNN NEWSROOM: Prosecutors are expected to wrap up their case today in the trial of Kyle Rittenhouse.

ERICA HILL, CNN NEWSROOM: Rittenhouse is charged with five felonies after killing two people and injuring a third person during protests last year in Kenosha, Wisconsin. Now, he has pleaded not guilty and is claiming self-defense.

CNN Crime and Justice Reporter Shimon Prokupecz joining us.

So, Shimon, yesterday's testimony from the lone survivor of that shooting, who did that play out and what did that do for the prosecution's case?

SHIMON PROKUPECZ, CNN CRIME AND JUSTICE CORRESPONDENT: Well, it was very, very helpful for the defense, who is putting on essentially their own case even while the prosecution is still putting on their own case. This is a self-defense case so the defense team has to prove that Kyle Rittenhouse acted in self-defense.

And when you look at the testimony from yesterday, that victim, that survivor of the shooting yesterday, what he told prosecutors, what he told the defense team under cross-examination is that, yes, while my hands were up while Kyle Rittenhouse was pointing his gun at me, my hand came down and was pointing -- the gun was pointing at Kyle Rittenhouse.

[10:35:09]

Here's how he explained it in cross-examination.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: When you were standing three to five feet from him with your arms up in the air, he never fired, right?

UNIDENTIFIED MALE: Correct. UNIDENTIFIED MALE: It wasn't until you pointed your gun at him, advanced on him with your gun now your hands down pointed at him, then he fired, right?

UNIDENTIFIED MALE: Correct.

(END VIDEO CLIP)

PROKUPECZ: And then even after that, the prosecutors got up and they were trying to ask him questions about those moments. Then he admitted that in those moments his hands were up but then they had him demonstrate how he was holding his gun, and he said he was holding it this way, sideways.

He, of course, while on the stand, saying he did not intentionally do that. We'll see obviously how all of that plays out.

Today, the prosecution is expected to wrap the case, but I can tell you, and I was just inside the courtroom, you can see the defense team. They're eager to get going. They expect to put on a vigorous, vigorous case of their own, and perhaps in the coming days we will hear from Kyle Rittenhouse himself.

HILL: Shimon Prokupecz with the latest for us from Kenosha, Shimon, thank you.

Also in session, the trial of three men charged in the death of Ahmaud Arbery. Right now, prosecutors are questioning the officer who interviewed one of the defendants, Greg McMichael, on the day of the shooting.

SCIUTTO: In the last hour, Glynn County Police Officer Jake Brandeberry testified his interview with McMichael was continually interrupted by his supervisors, even by bystanders.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: At any point in time, was Greg McMichael isolated from speaking with any of the other parties there?

JAKE BRANDEBERRY, GLYNN COUNTY POLICE OFFICER: No.

UNIDENTIFIED FEMALE: Was he told to sit on the curb and don't move?

BRANDEBERRY: No.

UNIDENTIFIED FEMALE: Was he put in the back of the patrol car?

BRANDEBERRY: No.

UNIDENTIFIED FEMALE: You've got your sergeant coming up and interrupt, you got unknown people coming and interrupting and you're trying to get a statement from this person?

BRANDEBERRY: Yes, ma'am.

(END VIDEO CLIP)

SCIUTTO: Let's speak now to Attorney L. Christ Stewart. Good to have you on this morning, sir?

I wonder, given your experience and watching the trial so far, how do you think the prosecution has handled the case?

L. CHRIS STEWART, MANAGING PARTNER, STEWART MILLER SIMMONS TRIAL ATTORNEYS: Effectively, so far. You know, we were disappointed with the jury with only one African-American, but, you know, despite that, your color doesn't mean you can't see justice.

HILL: Based on what we just heard in some of the testimonies, some of the questioning that we saw this morning, the fact that there were these other people sort of jumping in, talking, supervisors, as the officer is trying to question one of the defendants on the scene, what does that lay out for you?

STEWART: It goes into the disaster that you've already seen from, you know, the D.A. getting removed and getting preferential treatment at the scene. He should have been in a police car, should have been in handcuffs like any other individual.

SCIUTTO: When we talk about this case, one thing that comes up frequently, of course, is this citizen's arrest law, which dates back to the mid-19th century and has since been largely repealed, but it was the law at the time of this. Does it provide any, in your view, legal protection or at least reasonable, right, for the defendants here?

STEWART: Absolutely not. This case is really are you allowed to hunt a human being, black or white, it doesn't matter, can you hunt a human being who committed no crime? And in this country, you cannot, plain and simple.

HILL: One of things that's really struck me so far is the strength of Ahmaud Arbery's mother, who is in that courtroom, who has sat through disturbing video, who sat through some of the photographs the jury was shown yesterday, her son's body just after he was shot. Her presence, her strength in that courtroom, that is also going to have an impact on the jury.

STEWART: She's one of the strongest women I've ever known. It was an honor to help get these individuals charged and bring this case to light along with Lee Merritt. And I talk to her daily. I check in every day after court just to make sure she's okay. But she's the strongest woman I have ever met and someone I look at as another mother now.

SCIUTTO: Before we go, looking back to the George Floyd case, so influential in that trial was just the video of the moments as this happened. And as Erica is saying, jurors have been seeing, including the aftermath, including pictures, as graphic as they are, of the gunshot wounds that he suffered. In your experience dealing with juries, how influential, impactful can that kind of evidence be?

STEWART: It's critical because people actually see another human being deceased.

[10:40:01]

Though it's graphic, though it hurts our soul, you have to understand a soul was taken. And the only way to do that is with the pictures, so you can humanize Ahmaud and see that he was just like your son or your daughter, and now he's been taken because he was hunted.

SCIUTTO: Well, L. Chris Stewart, thanks so much for helping to walk us through it all.

STEWART: Anytime.

SCIUTTO: Well, a new poll found that most Americans believe some type of misinformation about vaccines and COVID-19. So, what can be done about it? Lives are at stake. We're going to speak to Dr. Sanjay Gupta next.

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[10:45:00]

HILL: In just the first week since the Pfizer vaccine for kids ages 5 to 11 received emergency use authorization, more than 300,000 in that age group have gotten their first shot. Proud my 11-year-old was one of those yesterday. While cases in kids had actually fallen for eight weeks, we are starting to see them tick up again.

SCIUTTO: Our Chief Medical Correspondent Dr. Sanjay Gupta joins us now.

Sanjay, overall though, cases, infections seem to be holding steady across the country. What do you take from these numbers as they relate to children?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Well, we can look at what's been going on with the numbers overall, and the news, as you pointed, has mostly been good in terms of numbers coming down. But if you take a look at the trajectory most recently, there is this sort of flattening overall.

This is the seven-day average of new coronavirus cases. And as you point out, the demographic that has actually increased the numbers has been kids. You know, they're making a larger percentage of overall new cases closer to a quarter of new cases now, which is why the fact that, Erica, you got your 11-year-old vaccinated is just -- that's part of actually bringing this under control.

Let me show you quickly just what the pandemic has looked like since the beginning, because I think it's important to look at now as we go into colder, drier months, versus a year ago. You see that in the middle of the screen a year ago. At that point, the numbers were all heading up, right? And so the entire inertia and trajectory was different. They've been plateauing now, still maybe coming down a little bit overall. We'll see. But at least the momentum, the direction is in the right direction. HILL: We'll take what we can get at this point. Hopefully, we continue to stay in the right direction. There's so much as you know all too well, Sanjay. There's so much misinformation out there, a lot of focus in the last week or so on the Aaron Rodgers spreading false information about COVID vaccines.

But I think it's interesting if you look at this new poll. There is a really alarming number of people who either believe vaccine misinformation, you know, don't know if it's true or false. I know you're working on this every day, but as we see every day, people are really siloed. And oftentimes, Sanjay, I find they don't want facts. They want confirmation that this idea that they saw somewhere is true. And I think a perfect example is the backlash that we're seeing to excellent information given on a Saturday morning about vaccines for children. How do you fight that?

GUPTA: It's challenging. I mean, you know, I feel like in some ways you're talking about my life's work, right? This is why I got into this business was to try and improve science literacy and health literacy. And it's challenging. I think it's as bad as I've probably seen it, although it didn't start with this pandemic.

I remember having conversations with Peter Hotez years ago about this, and at that point, I think the general approach was don't fuel these misinformation things by giving it more attention. And I think those days have passed. We have to address this misinformation.

And there's lot of people out there who, as you say, are just unsure. There are people out there who are clearly trying to create chaos and sow doubt, those who were just unsure. So, I think it does take a few different things, but reaching into different audiences, which we try to do, it's important because not everyone is watching or reading the news.

But also I think social media, the democratization of information is so important. But as I go on this and try and put myself in the point of view of some people who are -- haven't been watching the story unfold over the last 20 months, it's hard to separate what is good and bad information. It's really hard. And I think that's as big a problem in some ways as the virus itself. It spreads quickly. It can be as dangerous as the virus itself. And it's something we're going to have to do something about as world, because there's a lot of people who may have good-faith intentions, just can't separate good from bad.

SCIUTTO: If only there was a vaccine for disinformation.

HILL: Wouldn't that be great? I don't know if it's called turning off social media, but I know that's not the answer either. Dr. Sanjay Gupta, good to see you, thanks.

Still to come, a man accused in the January 6th insurrection thinks he will be able to seek asylum in Belarus.

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[10:50:00] SCIUTTO: A California man who is wanted by the FBI for allegedly assaulting police officers during the Capitol insurrection says he is now considering seeking political asylum in Belarus. That is according to an interview he gave with Belarus state television.

HILL: Evan Newman has been charged with six crimes related to his alleged participation in the January 6th riot at the Capitol, including assault on law enforcement officers.

Joining us now is CNN Law Enforcement Correspondent Whitney Wild. So, this is quite an idea, heading to Belarus.

WHITNEY WILD, CNN LAW ENFORCEMENT CORRESPONDENT: Just one strange story in a list of many strange stories we've covered over the last ten months. He apparently got there on foot to add even more color and context to this story.

Evan Newman was charged earlier this year with, as you had mentioned, Erica, six crimes related to his alleged participation in the January 6th Capitol riot. One of those includes assault on law enforcement. Newman allegedly punched two officers at the Capitol as he and other rioters rustled with officers over a barricade. Prosecutors say after officers lost that barricade, Newman and others used it as a battering ram.

[10:55:03]

In a recent interview, he told Belarus 1 that after the FBI began searching for him, he started hiding, traveling across America, going from one place to another. He eventually made his way to Europe. Then in August, he arrived to Belarus by foot, where he was detained by the country's border guards. He told Belarus 1 in his interview that he is the subject of political persecution, Erica and Jim.

SCIUTTO: Belarus, to be clear, not a free country. Whitney Wild, thanks so much for following.

And thanks to all of you for joining us today. I'm Jim Sciutto.

HILL: And I'm Erica hill.

Stay tuned. At This Hour with Kate Bolduan start after a quick break

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KATE BOLDUAN, CNN AT THIS HOUR: Hello, everyone. I'm Kate Bolduan. Here is what we're watching At This Hour.