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Houston FBI Offers Assistance and Resources to Houston P.D; Kyle Rittenhouse Testifies in His Own Defense. Aired 10:30-11a ET

Aired November 10, 2021 - 10:30   ET

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

[10:30:03]

JIM SCIUTTO, CNN NEWSROOM: Houston's mayor says they are investigating every angle as the Houston FBI office says it has offered assistance and resources to the police department.

ERICA HILL, CNN NEWSROOM: CNN Correspondent Rosa Flores is following all the developments for us this morning.

And, Rosa, you learned a little bit more about communication issues during the event or lack of communication, I should say.

ROSA FLORES, CNN CORRESPONDENT: You're absolutely right. We learned that there was no direct radio communication between the medical services firm that was hired by the organizers, a company named Paradox, and the firefighters who were stationed outside the venue. Now, we should include the fact that they were there as a proactive measure, the fire chief telling CNN that they were not part of the organizer's plan, but through his experience, he decided to have that team there just in case.

Well, that team asked for direct radio communication from the organizers to make sure that in a case of an emergency they could respond quickly. Well, instead of direct radio communication, they were given cell phone numbers. And we know, and I talked to the firefighters union president here in Houston who says, you cannot rely on cell phone communication during an emergency, especially during a large gathering. And so that has been a huge concern regarding the potential impact of that. Of course, these men and women were ready to respond, but, of course, you'd have to call them over to help you out.

Now, as for the investigation, the Houston Police Department has been very tight-lipped, not giving us an update since Saturday. The Medical Examiner's Office saying that the toxicology report, cause and manner of death could take weeks to determine, all this as the number of lawsuits continue to increase. One law firm telling CNN that they filed at least 68 lawsuits, and by the end of the day, they might file about 100 lawsuits total, so these lawsuits keep on increasing.

This particular attorney is asking for the performers to be investigated. Take a listen.

(BEGIN VIDEO CLIP) THOMAS J. HENRY, ATTORNEY FOR MULTIPLE VICTIMS OF ASTROWORLD FESTIVAL: I think what's important is to ask yourself why is it that performers can't see what's going on in the crowd? Why are they so unaware or numb to what is occurring in front of them? And there's a lot of video showing people being dragged off, and those performers are right in the same shots. You can see them, and they're not aware. And so my big concern is also what are performers doing, what kind of drugs, if any, are they on?

(END VIDEO CLIP)

FLORES: Now, Erica and Jim, some of the other allegations are negligence, in essence, that these organizers put this event together and it was just not safe to attend. Erica, Jim?

HILL: Still so much to be learned, and with everything we learned, Rosa, raising even more questions. I appreciate it. Thank you.

Up next, new data overnight on the Pfizer booster shot's efficacy. The vaccine still new, but should we be talking about kids getting a booster shot already? We'll tackle those with Dr. Sanjay Gupta, next.

(COMMERCIAL BREAK)

[10:35:00]

SCIUTTO: These are live pictures from the courtroom in Kenosha, Wisconsin, where Kyle Rittenhouse, the accused, has just taken the stand in his defense. Let's listen in.

JUDGE BRUCE SCHROEDER, KENOSHA COUNTY CIRCUIT COURT: -- there's something else on that, I don't need to cover that in terms of a possible inquiry. He will be able to ask you anything, which is relevant to this case, germane, pertinent to this case and you'll have to answer those even though it may ensnare you in some other criminal prosecution. Do you understand that?

KYLE RITTENHOUSE, DEFENDANT: Yes, your honor.

SCHROEDER: Any question about that at all?

RITTENHOUSE: No, your honor.

SCHROEDER: You also have a right not to testify if you choose to do so. And if you decide that you do not wish to testify, then no comment can be made on your silence by the district attorney, and I will not comment on your silence unless I'm asked by your attorney to do so. And the only comment that I would make on it if I were asked to do so would be to instruct the jury that the defendant in a criminal case has the absolute constitutional right not to testify and that your silence must not be considered by the jury in any manner in deliberation or in reaching their verdict. Do you understand that?

RITTENHOUSE: Yes, your honor.

SCHROEDER: So, that will be a choice that I would ask Mr. Chirafisi or Mr. Richards at a later point as to what you wanted to do if you decided not to testify. But that won't be an issue if you decide you do want to testify, okay?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Any question about this at all?

RITTENHOUSE: No, your honor.

SCHROEDER: Have you had time to discuss this matter with your lawyers?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Have you had enough time to think about what you're doing?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Do you think what you're doing is the best thing under all these circumstances?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Has anybody threatened you or pressured you or forced you in any way with respect to this decision?

RITTENHOUSE: No, your honor.

SCHROEDER: Has anybody promised you anything in exchange for this?

RITTENHOUSE: No, your honor.

SCHROEDER: Is your mind clear today?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Are you feeling all right?

RITTENHOUSE: Yes, your honor.

SCHROEDER: Have you had anything alcoholic to drink today?

RITTENHOUSE: No, your honor?

SCHROEDER: Have you had any drugs or controlled substances of any kind within the last 24 hours?

RITTENHOUSE: No, your honor.

[10:40:00]

SCHROEDER: Any reason I should not accept his waiver?

UNIDENTIFIED MALE: No, your honor. This is consistent with advice of counsel.

SCHROEDER: Okay. Any --

UNIDENTIFIED MALE: (INAUDIBLE).

SCHROEDER: Okay. All right then. Anything else?

UNIDENTIFIED MALE: May I have just a moment to run back to my office real quick? I'll be back in two minutes.

SCHROEDER: Sure.

UNIDENTIFIED MALE: Thank you.

SCIUTTO: Brief pause in court as we await testimony from Kyle Rittenhouse, of course, accused of murder following the shootings following the Jacob Blake protests in Wisconsin. This is a step that was discussed but not guaranteed until this moment. Now we know he's taking the stand.

Shimon Prokupecz is there in Kenosha following this case. How much of a surprise is this, Shimon?

SHIMON PROKUPECZ, CNN CRIME AND JUSTICE CORRESPONDENT: Not entirely a surprise because, Jim, the defense attorney in his opening statement told the jurors that they would be hearing from Kyle Rittenhouse. It was not entirely clear in what form. Remember, he's made statements. Two people who were present with him. So, there was some thought that maybe that's how they would introduce his words. The defense attorney, and I've asked him several times in court if this was going to happen, he wouldn't say either way.

But from everyone who has been watching this trial, this is not a surprise. Rittenhouse needs to explain himself to this jury, though there's been some issues with some of the witnesses certainly that the prosecution has presented, they likely still will need to hear from Kyle Rittenhouse and his story and what he was feeling, what he was perceiving in the moments that he was opening fire on people, on a crowded street in the middle of protests and unrest here in Kenosha, Wisconsin.

It's a key part of the self-defense claim. The defense needs to prove that his life was threatened and they need to prove that he was justified in using that AR-15-style rifle. And, really, what better way to do that than to hear from Kyle Rittenhouse in his own words.

Keep in mind he's only 18 years old. He does not have a criminal record. There's not much really that would likely concern the defense attorneys that he might say or any kind of bad history that could come in. And, really, for the jury, they need to hear what Kyle Rittenhouse was seeing, what he was feeling.

A lot has been made in the prosecution's case about perception and what people saw and what people thought and what people felt. But to prove -- for the defense to prove that he was justified in using this weapon, they really, really need to present him and they need to present his side of the story. And, honestly, he was 17 when this happened. How he is perceived -- HILL: Shimon --

PROKUPECZ: -- by the jury is going to be probably the most important part of this trial.

HILL: And, Shimon, we're going to go back into the courthouse right now. Let's listen in.

SCHROEDER: Hey, hey, hey, hey, hey.

You may be seated. Swear in the witness please.

UNIDENTIFIED FEMALE: Can I ask you to stand, please, and raise your right hand. Do you solemnly swear the testimony you're about to give in this matter will be the truth, the whole truth and nothing but the truth, so help you God?

RITTENHOUSE: Yes.

UNIDENTIFIED FEMALE: You may be seated.

MARK RICHARDS, DEFENSE ATTORNEY FOR KYLE RITTENHOUSE: Would you please state your name, spelling your last name for the record?

RITTENHOUSE: Kyle Rittenhouse, R-I T-T-E N-H-O-U-S-E.

RICHARDS: Kyle, where do you reside?

RITTENHOUSE: Walworth County.

RICHARDS: How old are you?

RITTENHOUSE: 18.

RICHARDS: On August 25th of 2020, did you come to Downtown Kenosha to look for trouble?

RITTENHOUSE: No.

RICHARDS: Would you have shot Joseph Rosenbaum if he hadn't chased you trying to take your firearm.

UNIDENTIFIED MALE: Objection, leading.

UNIDENTIFIED MALE: It sounds kind of leading.

RICHARDS: Would you -- I'll get to it. Are you a high school graduate?

RITTENHOUSE: Yes.

RICHARDS: What high school?

RITTENHOUSE: Penn Foster Online High School.

[10:45:00] RICHARDS: Are you currently enrolled in any further studies?

RITTENHOUSE: I'm a college student studying nursing at Arizona State University.

RICHARDS: Who do you currently live with?

RITTENHOUSE: My mom and two sisters.

RICHARDS: Directing your attention to August 25th of 2020, where did you reside?

RITTENHOUSE: Antioch, Illinois.

RICHARDS: Do you remember the address?

RITTENHOUSE: 286 Anita Terrace, Apartment 104, Antioch, Illinois.

RICHARDS: And who did you live with there?

RITTENHOUSE: My mother and two sisters.

RICHARDS: What's your father's name?

RITTENHOUSE: Michael Rittenhouse.

RICHARDS: Back on August 25th of 2020, where did he reside?

RITTENHOUSE: He lived in Kenosha, in the city of Kenosha, in the apartments behind the Pick 'n Save on 50th.

RICHARDS Do you have any other family that's from Kenosha?

RITTENHOUSE: Yes.

RICHARDS Who?

RITTENHOUSE: My grandmother, aunt, uncle and cousins all live in the city of Kenosha.

RICHARDS Okay. There's been testimony in this trial about the firearm in question, which has been marked -- state's 28. Have you seen that gun?

RITTENHOUSE: Yes.

RICHARDS Before August 25th of 2020, had that gun ever left the state of Wisconsin?

RITTENHOUSE: No.

RICHARDS: Now, before this event happened on August 25th of 2020, did you have any hobbies?

RITTENHOUSE: Yes.

RICHARDS: Tell the jury what you liked to do?

RITTENHOUSE: I was a swimmer. I enjoyed working. I was a lifeguard, hanging out with friends, going to the beach, just normal teenage stuff.

RICHARDS: Were you a member of any groups, organized groups?

RITTENHOUSE: Yes.

RICHARDS: What?

RITTENHOUSE: I was a police explorer for the Grayslake Police Department and I was a firefighter EMT cadet for Antioch Fire Department.

RICHARDS: Did you have any training in lifesaving, anything like that?

RITTENHOUSE: Yes.

RICHARDS: What?

RITTENHOUSE: I was a certified lifeguard. I am a certified lifeguard and swim instructor. I am certified in stop the bleed, CPR, AED, automatic external defibrillator, and basic life support.

RICHARDS: Okay. On August 25th of 2020, where were you employed?

RITTENHOUSE: I was furloughed at the YMCA in Lindenhurst, Illinois, because of the COVID-19 pandemic. And I was working at the Rec Plex in Pleasant Prairie.

RICHARDS: Okay. Rec Plex here in Kenosha county?

RITTENHOUSE: Yes.

RICHARDS: Now, on the night of the 24th, did you come to Downtown Kenosha?

RITTENHOUSE: Not downtown, but I came to Kenosha for work.

RICHARDS: Okay. And after your shift at work completed, where did you go?

RITTENHOUSE: I went to Dominick Black's stepfather's house. I believe his name is Scott Dickhart. It's been a while since I've seen him.

RICHARDS: Who is Dominick Black in relationship to you?

RITTENHOUSE: Him and my -- Dominick Black and my sister, McKenzie Rittenhouse, used to date.

RICHARDS: Okay. On the night of the 24th, were you aware of anything going on in Kenosha?

RITTENHOUSE: I knew there were protests, demonstrations and riots going on in the later evening.

RICHARDS: Okay. And how were you aware of that?

RITTENHOUSE: I saw videos on social media, on Facebook livestreams, TikTok of -- I saw the Car Source lot being burned down, the Car Source one we've been referring to. I saw a police officer get assaulted. He had a brick thrown at his head. And I saw the mattress store owner get knocked down, and I believe his jaw was broken and had to be wired shut or something.

RICHARDS: And you saw all that on the 24th?

RITTENHOUSE: Yes.

RICHARDS: Did you go to downtown Kenosha at that time and try to do anything about that?

RITTENHOUSE: No, I did not.

RICHARDS: Directing your attention to the late morning of August 25th, 2020, did you have occasion to go downtown?

RITTENHOUSE: I did go to downtown in the morning of August 25th.

RICHARDS: Who did you go there with?

RITTENHOUSE: I went there with Dominick Black, my sister, McKenzie Rittenhouse, and Ray Dickhart.

RICHARDS: And describe what you did.

RITTENHOUSE: We walked around for a little bit. And then I believe at around 11:30 noon, we ended up at Roofer Center High School, where we cleaned graffiti for about, I want to say an hour-and-a-half or two hours.

RICHARDS: Can I see the exhibit please? Showing you what's been previously marked as exhibit 131, do you recognize that?

RITTENHOUSE: I do.

RICHARDS: Could you describe what you see in that photo?

[10:50:00]

RITTENHOUSE: Towards the left in the olive green shirt, that's me, and then to my left, that's Ray Dickhart, and to my right, that's my sister, McKenzie Rittenhouse, and --

RICHARDS: What are you doing?

RITTENHOUSE: We were cleaning graffiti off of Roofer Central High School.

RICHARDS: And were you getting paid to do this?

RITTENHOUSE: No, I was not.

RICHARDS: And you see what the graffiti says?

RITTENHOUSE: Yes.

RICHARDS: And you knew what it said as you were cleaning it off?

RITTENHOUSE: Yes.

RICHARDS: I won't repeat it. After you were done doing that, what did you do?

RITTENHOUSE: We were walking and we were -- we went to the Car Source lot, the first location, and we were looking at the destruction of the burnt cars. And we saw the owner, Sam and Sal, I believe. That's what they told us their names were.

RICHARDS: And you say -- when we say, Car Source, the one you met, Sam and Sal at, is what we've been referring to as Car Source number one?

RITTENHOUSE: Yes.

RICHARDS: And that's the one that they just played a video of along with burnt-out cars?

RITTENHOUSE: Yes.

RICHARDS: Did you have any discussions with Sam and Sal?

RITTENHOUSE: Briefly, I offered my condolences. And I said, if there's anything I can do, please reach out to me. He gave me his number. I gave him my number. And --

RICHARDS: And you were with Dominick Black at that time?

RITTENHOUSE: I was.

RICHARDS: And your sister?

RITTENHOUSE: Yes.

RICHARDS: And what did you do after that?

RITTENHOUSE: After that, we walked back to -- I believe -- we parked our car by -- you see the parking lot?

RICHARDS: Do you have a pointer up there?

RITTENHOUSE: Yes. We parked our car right in this parking lot in that corner, somewhere over there.

RICHARDS: I can't see that far. I'm sorry. You're referring to the parking lot, which is at the corner of 59th and Sheridan, it would be the southeast corner, correct?

RITTENHOUSE: Correct.

RICHARDS: And you have -- you're pointing the dot, you parked closer to 8th Street, correct?

RITTENHOUSE: Yes.

RICHARDS: Okay. You can put the pointer down.

Whose car did you get there in?

RITTENHOUSE: Dominick Black's.

RICHARDS: And when you left, where did you go?

RITTENHOUSE: Once we left that parking lot, we went to Dominick Black's stepfather's house again and we hung out there for a little bit.

RICHARDS: Okay. Do you know who Nick Smith is?

RITTENHOUSE: I do.

RICHARDS: And did you have any contact with Nick Smith that afternoon?

RITTENHOUSE: Later in the evening, around 3:30, 4:00, Nick Smith called me and Dominick.

RICHARDS: And when he called you, what was the nature of the call?

RITTENHOUSE: At first, Nick Smith wanted us to drive him to Chicago -- not Chicago, by O'Hare Airport, the suburbs of Chicago, because he wanted to buy a bulletproof vest. And Dominick said, okay, we'll drive him. And then he said, okay, I need you to pick me up at like 3:30, 4:00.

RICHARDS: Okay. Did you go and pick him eventually?

RITTENHOUSE: Yes. We actually -- before we picked him up, we went to Jalensky's.

RICHARDS: Okay. What did you at Jalensky's?

RITTENHOUSE: We bought -- Dominick wanted me to buy two rifle slings.

RICHARDS: And Did you?

RITTENHOUSE: I did.

RICHARDS: One was for what?

RITTENHOUSE: One was for my rifle and the other one was for Dominick's rifle.

RICHARDS: Okay. And why did you care about your rifles that evening? RITTENHOUSE: The reason for the slings were just so -- it's like a retainer. So, if I'm helping somebody with first aid, I can just like dangle my rifle behind me and I don't have to worry about somebody just randomly picking it up off the ground, just as like an extra measure so it won't be taken from the ground.

RICHARDS: And what time did you go to Jalensky's.

RITTENHOUSE: I want to say about 2:30 but I don't know exactly for sure.

RICHARDS: Okay. When did you first have contact with Nick Smith?

RITTENHOUSE: 3:30 -- 3:15.

RICHARDS: Okay. And was there any discussion regarding Car Source at that time?

RITTENHOUSE: Yes.

RICHARDS: What?

RITTENHOUSE: Nick smith, once we picked him up -- he wanted to go to a bank to withdraw money. The bank was closed. And then he was like, hey, would you guys like to come with me and help watch over the Car Source, make sure there's no fires or anything. And Dominick said yes. I agreed. I said, okay. And then I said, here, Nick, I don't really need my bulletproof vest. I'm going to be helping people with first aid. So, I gave him my bulletproof vest.

RICHARDS: And by you giving him your bulletproof vest, did that stop the need to go to place by O'Hare Airport?

RITTENHOUSE: Yes.

RICHARDS: And why does a 17-year-old kid have a bulletproof vest?

[10:55:03]

RITTENHOUSE: It was issued to me by the Grayslake Police Department.

RICHARDS: You didn't purchase it?

RITTENHOUSE: No, I did not.

RICHARDS: And after you gave him your bulletproof vest, where did you go?

RITTENHOUSE: We went back to Nick Smith's house where we parked Dominick Black's car.

RICHARDS: And then what did you do?

RITTENHOUSE: We walked from Mr. Smith's house -- once we parked at Nick Smith's house, we walked from Nick Smith's house to the Car Source one, cutting through the Ruther Central backside parking lot. Nick Smith lives on the same street of --

RICHARDS: You don't have to say where Nick lives.

RITTENHOUSE: Okay.

RICHARDS: He lives within walking distance from here?

RITTENHOUSE: Yes.

RICHARDS: Okay. And so you go to Car Source one?

RITTENHOUSE: Yes.

RICHARDS: And that's the burnt out one?

RITTENHOUSE: No. Car Source two, my bad, across the street.

RICHARDS: And at Car Source two, that's where you spent most of the evening?

RITTENHOUSE: Yes.

RICHARDS: Okay. When you first got to Car Source two, the one at 59th and Sheridan, what happened?

RITTENHOUSE: The owners were there, Sam, Sal and his father, and I believe -- I think it was his uncle there also. He was driving a van of some sort.

RICHARDS: Okay. What was the discussion?

RITTENHOUSE: Sam and Sal thanked us for coming out to help. And then he said -- Sal said, hey, why don't you guys hop in my car -- if I remember correctly, it was either a white or black BMW or Mercedes. I don't recall exactly.

RICHARDS: Why did he want you to get in his car?

RITTENHOUSE: He was going to drive us down to Car Source lot number three.

RICHARDS: Okay. And did you agree to get in his car?

RITTENHOUSE: I did.

RICHARDS: And who went to Car Source three?

RITTENHOUSE: Me, Dominick Black and Nick Smith.

RICHARDS: And who was driving?

RITTENHOUSE: Sal.

RICHARDS: And when you got there, what happened?

RITTENHOUSE: We got out and we hung around for a couple minutes, and then some people showed up. I now know who they are, but at the time I didn't.

RICHARDS: I show you what's been marked as exhibit 30, 3-0. Do you recognize that exhibit?

RITTENHOUSE: I do.

RICHARDS: And can you -- your honor -- can you go up there, please, and point out the people who you knew before that picture was taken and name them?

RITTENHOUSE: Yes. This is Sal, the owner. This is Ryan Balch (ph). This is Joanne Feedler (ph). This is Justin Hamilton. This is Dustin Colette. This is Nicholas Smith. I don't recall his name. This is me, and this is Dominick Black.

RICHARDS: Okay. We've heard -- you can have a seat. We've heard testimony about you, Nick and Dominick. You knew those individuals before August 25th of 2020?

RITTENHOUSE: I knew Nicholas Smith and Dominick Black.

RICHARDS: You did not know the owner of Car Source previously?

RITTENHOUSE: I did not.

RICHARDS: Was he being nice to you guys? Was he happy you were there? Was he mad at you for being there? Describe it.

RITTENHOUSE: He was happy we were there.

RICHARDS: Okay. And you heard their testimony, the two owners, I believe that was Friday afternoon?

RITTENHOUSE: I did.

RICHARDS: And did they give you permission to be there?

RITTENHOUSE: They did.

RICHARDS: And the other individuals in this photograph, some of whom have testified in this trial, ten minutes before this photograph was taken, did you know any of them?

RITTENHOUSE: I did not.

RICHARDS: Had you ever spoken to any of them?

RITTENHOUSE: No.

RICHARDS: And when you were there, what was the idea? Was there a plan? What was going to happen?

RITTENHOUSE: Yes. The plan was -- I went down there to provide first aid. I brought my orange first aid kit, the fanny pack, and I also brought my pelican box, which was filled with first aid stuff by my feet to provide first aid. RICHARDS: The orange box by your feet you refer to as a pelican box?

RITTENHOUSE: Yes.

RICHARDS: Did you have that before the 25th?

[11:00:00]

RITTENHOUSE: Yes.

RICHARDS: Was it stocked --

RITTENHOUSE: Yes.

RICHARDS: -- with things that you had bought and brought?

RITTENHOUSE: Yes.