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Parents Of Alleged Michigan School Shooter Arraigned Today; At Least 12 States Have Identified Omicron Cases; Biden Lays Out Winter Plan; Alec Baldwin Breaks Silence On Deadly Film Set Shooting; Supreme Court Conservatives Lean Toward Limiting Abortion Rights; Conviction Of Arbery's Killers Puts New Focus On First Prosecutor; Rural Louisiana Struggles With Hurricane Ida Recovery; Hawaii Under Blizzard Warning. Aired 11a-12p ET

Aired December 04, 2021 - 11:00   ET

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

(COMMERCIAL BREAK)

[11:00:18]

FREDRICKA WHITFIELD, CNN ANCHOR: Hello, everyone. Thank you so much for joining me. I'm Fredricka Whitfield.

We begin with this breaking news. Four days after a deadly Michigan school shooting, the parents of the accused teenage shooter Ethan Crumbley are now being held in the same jail as their son facing involuntary manslaughter charges.

James and Jennifer Crumbley were arraigned in court a short time ago. They each pleaded not guilty to four counts of involuntary manslaughter. Four students were killed in the Oxford High School shooting and seven others were injured.

CNN was there as the couple was taken into custody following an hours' long manhunt. Police tracked them down overnight in a Detroit warehouse after they failed to turn themselves in on Friday.

Their 15-year-old son Ethan was arrested Tuesday and faces multiple charges, including four first degree murder counts. The prosecutor in the case spoke with CNN about why she felt Ethan's parents also deserved to face charges.

(BEGIN VIDEO CLIP)

KAREN MCDONALD, OAKLAND COUNTY PROSECUTOR: I couldn't even imagine not holding those two people responsible. They bought a weapon for their son and had every reason to believe at least the day before and certainly the morning of that he was very likely going to commit a violent act and they did nothing. They did nothing.

They allowed him to go back to class and walked out of that building and never once thought or cared enough to say to a school official or anyone else "our son has a gun".

(END VIDEO CLIP)

CNN's Athena Jones is in Pontiac, Michigan outside the Oakland County Sheriff's Office.

Athena, the arraignment ended just a short time ago. Take us through the events.

ATHENA JONES, CNN NATIONAL CORRESPONDENT: Hi, Fred. Well, as you said, both Jennifer and James Crumbley are now facing $500,000 bond each. If they're able to make that to get out of prison or get out of the jail, they will have to be -- have a GPS monitor and that is because of their apparent attempt to flee last night.

But you heard of their arraignment, lawyers for the Crumbley saying they weren't going to flee, they were just getting their finances in order. They were fully intending to bring them in today to be arraigned.

But in the end, that is the judge gave the prosecutor that high -- very, very high bail of half a million each.

And these two parents are now facing four counts each of involuntary manslaughter because the prosecutor as you heard argues that they are criminally negligent. That if they had acted, those four teenagers would not have been killed. Those seven other people at Oxford High School would not have been injured.

And you heard her spell out the fact that they had bought the gun for their son, Ethan Crumbley.

There are a few more details that she touched on in that he interview last night. We know that the day before the shooting, a teacher was concerned about seeing Ethan Crumbley searching for ammunition online.

They reached out to Jennifer Crumbley, his mother, gave her a phone call, she never called back. Emailed both parents, neither responded.

Later that day, we know that Jennifer Crumbley sent her son a text saying "Lol, I'm not mad at you. You just need to learn how to not get caught."

Now, the day of the shooting, a second teacher raised concerns about a note, a drawing they had seen from Ethan Crumbley, it was a drawing of a gun, of a body with two bullet holes in it that was bleeding, of a bullet with words like "blood everywhere".

So these are clear indications of violent thoughts. And so they brought Ethan and his parents into the school to have a meeting about it, but Ethan's parents insisted that he remain in school.

The school suggested he go home. They insisted he remain. They didn't mention this gun that they had bought for him days before. And we know from the Oakland County prosecutor that they believed that Ethan Crumbley had that gun, the gun he used in the shooting, in his backpack in that meeting at the school.

And so because of those details, Karen McDonald saying that these parents are criminally negligent and need to be held accountable here, Fred. WHITFIELD: All right. Athena Jones, thank you so much for that.

Let's talk more about all of this and the case ahead. Joining me right now to discuss, former federal prosecutor Renato Mariotti. Renato, so good to see you.

So the parents' attorneys as Athena just spelled out, you know, tried to tell the court that they were not evading arrest, but the court disagreed with that. How much harder has this case now been made for the defense team?

RENATO MARIOTTI, FORMER FEDERAL PROSECUTOR: A lot harder.

First of all, I think the fact that they attempted to flee colors the judge's view of the case going forward. It shows consciousness of guilt.

[11:04:57]

MARIOTTI: You could expect prosecutors to try to present that evidence at trial to the jury. And it also means they're going to be incarcerated.

And I will just tell you, since I left being a prosecutor, I've been in private practice and representing a defendant who's incarcerated is difficult because it is just difficult to communicate with them. It's difficult for them to prepare for their defense. So they made their lives a lot harder.

WHITFIELD: The "Washington Post", you know, has reported that, you know, there have been about 145 school shootings in recent years, among those cases about four times have parents actually been charged in relation to the school shootings.

What do you see in the circumstances here with these two parents now facing pretty serious culpability to the charges that their kid is now facing. Do you see this as a potential turning point?

MARIOTTI: I think this is a bit of an outlier case. You just -- we just heard these facts, Fred and they are absolutely astounding, shocking, horrifying. And it takes that kind of fact to hold a parent accountable for the actions of their kid.

And I don't think people, you know, who are watching this at home would want to necessarily be criminally responsible for everything their kid is doing outside of their presence.

But here, you know, when I look at Michigan law and Michigan jury instructions, I think you could make a case that these parents knew about the danger, that these parents, you know, did not exercise ordinary care, that it was apparent that this would be the result.

Those are the sort of things that prosecutors are going to have to prove. And you can't prove that in a typical case, but in this one, I think charges --

(CROSSTALK)

WHITFIELD: In fact, in this case, the prosecutor you know, was asked on Friday about Michigan's laws on bringing children to gun ranges and practicing with them. And this is what she had to say.

(BEGIN VIDEO CLIP)

MCDONALD: Michigan laws are woefully inadequate. We don't have a safe storage law. You're not legally required to store your weapon in a safe manner. Children are allowed to attend with their parents, so long as parent is present.

So the answer to that question is we don't have strong enough laws.

(END VIDEO CLIP)

WHITFIELD: So then given that in this case, what do you see the defense attorneys representing these parents likely to be able to say in their defense in terms of the storage laws of guns.

MARIOTTI: Yes. You hit the nail on the head right there. The parents are going to say it can be lawful in circumstances for a minor to possess a firearm in the state of Michigan. They can't possess a firearm in certain circumstances but they can in others.

And so there's nothing unlawful about these parents purchasing a gun with that intent that they would have their child possess it at certain periods of time. The mother is likely going to say that the lol message that is baffling and horrifying was in fact referring merely to the fact that he was looking at ammunition and she had no idea whatsoever in her mind that this could have happened.

I mean, I think that's going to be the way the defense is going to portray it. They're going to say no parent could imagine that their kid would do that --

(CROSSTALK)

WHITFIELD: Except those other words, you have to learn how not to get caught.

MARIOTTI: Yes. She's going to say, her lawyer is going to say that's about searching for ammunition, it's not about shooting. She would have had no idea he was a mass -- that he was thinking of being a mass murderer. That would be the argument.

I'm not saying it will be successful, but that's going to -- that's going to be the defense argument.

WHITFIELD: There has been a lot of anger also directed at the school administrators who allowed Ethan Crumbley to remain in class despite those disturbing notes that we've learned so much about.

How do you see that potentially any school officials may face whether it be charges or penalty or some repercussions? MARIOTTI: Well, you can expect a civil suit, in other words, not a

criminal case but a civil suit from the families that were effected, the victims' families. Understandably if your child was murdered, you would be very upset as well and want to hold the school accountable.

I will say the one thing that we learned about these facts is the school was taking steps, they were trying to be proactive here. I think most -- you know, most of the blame or much of the blame goes to the parents, but I do think there are factual issues regarding whether or not the school and the administration there did enough.

WHITFIELD: All right. Well, it's so sad many times over. Renato Mariotti, thank you so much. Good to see you.

MARIOTTI: Thank you.

WHITFIELD: All right. Still ahead, what researchers are learning about the new omicron coronavirus variant as many states confirm cases now.

Plus the Santa Fe district attorney now reacting to Alec Baldwin's first interview about the deadly shooting on his movie set.

[11:09:56]

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WHITFIELD: At least a dozen states have now identified cases of the new COVID variant, omicron. And there are growing concerns about its transmissibility rate.

Here's CDC director Rochelle Walensky.

(BEGIN VIDEO CLIP)

ROCHELLE WALENSKY, CDC DIRECTOR: What we do know is that early data and even mutation data are telling us that this may well be a more transmissible variant than delta. And so this is going to take some time to sort out.

(END VIDEO CLIP)

WHITFIELD: And that highly transmissible delta variant is the main problem in the U.S. right now. Delta case counts are rising in nearly every state. Over half of them spiked more than 50 percent in the last week.

Nadia Romero, joining us now with more on this. So how, you know, do health officials kind of balance this looming danger of omicron with delta?

[11:14:52]

NADIA ROMERO, CNN NATIONAL CORRESPONDENT: Well, the problem right now and what's raising more concern, is the fact that we're in the midst of travel season. The holiday travel season is upon us. And the TSA says we reached a record last week for holiday travelers, a record number for this pandemic era. And we're still in the midst of holidays where people are traveling here in the U.S. and all across the world.

So we talk about omicron. That variant was first identified in South Africa. But we know now that the variant was present here in the U.S. at the time and all across the world. We just now had a Christmas party in Norway that people are calling a super spreader for that variant.

But right after South Africa identified the variant, the Biden administration came out with a travel ban, a travel restriction restricting people coming from several southern African countries from coming to the U.S.

That sparked international outrage. And so the Biden administration made a big announcement just yesterday saying that they would send doses of the vaccine to more than 100 countries and that came to the applause of the World Health Organization. Take a listen.

(BEGIN VIDEO CLIP)

JEFFREY ZIENTS, WHITE HOUSE CORONAVIRUS RESPONSE COORDINATOR: Already we have shipped, for free with no strings attached, 291 million doses to 110 different countries. That's more vaccines donated and shipped by the United States than all other countries in the world combined.

DR. MARGARET HARRIS, SPOKESWOMAN, WORLD HEALTH ORGANIZATION: That is great because I'm sorry that it took omicron to make people understand how serious this is because we have been saying and you have been saying that we need to vaccinate the whole world so that we don't give the virus a chance to turn itself into a more effective version.

(END VIDEO CLIP)

ROMERO: And so the Biden administration just came out with -- as a new game plan, right, to try to limit the winter surge of this coronavirus. And part of that is a travel restriction, a new travel policy that will start on Monday for all international travelers.

If making your way to the U.S., you would have to show a negative COVID-19 test that you took before you traveled. Fred, people are wondering, ok, what does this mean for domestic travel, right? And so right now, there are no restrictions for domestic travelers.

But this is something that we're going to have to wait and see. The data just isn't out yet on omicron.

(CROSSTALK)

WHITFIELD: Right. And everyone just has to be mindful of the potential.

All right. Thank you so much, Nadia. Good to see you. Appreciate it.

All right. Joining me right now, Dr. Carlos del Rio. He's the executive associate dean at Emory University School of Medicine. Dr. del Rio, always good to see you. So President Biden has put out this plan, we just saw, to fight the spread of COVID this winter, including free access to at home tests. Do you think that will work, that's enough?

DR. CARLOS DELRIO, EXECUTIVE ASSOCIATE DEAN, EMORY UNIVERSITY SCHOOL OF MEDICINE: Well, you know, Fred, it is a good step in the right direction. I think it's good to have finally some access to rapid testing. Rapid testing in our country has been available but at times not available.

And it has been incredibly expensive. You pay $25 for a rapid test package in this country. Germany, you pay a dollar. In the U.K., it is for free.

The way this is being implemented, I want to see how it works. You know, you have to get reimbursed by your insurance. If you don't have insurance, you have to do this.

It would have been so much easier just for the government to say look, we pay for them and you have access to this number of tests per week or per month. Every family has this number of tests.

But you know, everything we do in our country around health care is complicated. And hopefully this will work. But I think having rapid tests available as you get ready to get together for the holidays is really a useful tool to have.

WHITFIELD: Yes. Let's just hope that's a work in progress to make it much more accessible to everybody.

And then there's this, a study out Friday suggesting the omicron variant may share some of the same genetic makeup with a virus that causes the common cold. So can you explain to folks what that means because we all know that there's no cure for the common cold, and if we're saying that there's, you know, something duplicate -- duplicitous about this common cold and now this new variant, what does that mean for the vaccine?

DR. DEL RIO: Well, Fred, you know, a lot of the common cold virus, the coronaviruses are common cold viruses. We divide coronavirus akin to the common cold viruses. And the other coronaviruses in which there's SARS, there's MERS, there's SARS COVI 2.

So the fact that SARS COVI 2 is mutating and is now looking more like a cold virus in a way may actually be a good signal. I predict that in the future, SARS COVI 2 may actually become endemic. And it may actually become another just yet another cold virus if we can say a bad cold virus, but at the end of the day a cold virus.

In that sense, the virus it may be that the virus may become more transmissible but less pathogenic. I mean we don't see people necessarily get very sick or die over common cold.

So I'm cautious but I'm cautiously optimistic. I think that may actually signal some positive in the middle of a lot of not very negative news. WHITFIELD: So while it may be more transmissible, in your view it

would become a weaker form of the virus as we know it right now?

DR. DEL RIO: Well, it's a possibility. I'm not saying that I'm convinced of that, but I think it's an interesting possibility and something that we need to watch over the next several weeks.

[11:19:52]

WHITFIELD: Ok. All right. So universally, we are all pretty worried about omicron, but it is the delta variant that is causing all of these spikes in so many cases right now.

So do people have their eye on the ball right now, are people in your view still being as vigilant as they can, knowing the delta variant is the more virulent one.

DR. DEL RIO: Fred, I think you absolutely -- you hit the nail on the head. The reality is that we still have a major problem with delta. We have over 80,000 cases of, you know, delta infection diagnosed in our country each day. We have over 55,000 hospitalized, close to a thousand deaths happening every day.

Yet I see a lot of people thinking like this is over, acting normally. You know, I went to the grocery store this morning, nobody was wearing masks. It is like this is over.

So I really think we need to -- we need to really realize that this is not over. And in fact, we don't need omicron, we have a problem right now with delta as it is in our country and we need to do a better job controlling it.

So I'm also hoping that a lot of things implemented by the president may actually impact the ability to control delta. I would encourage everybody who hasn't been vaccinated to get vaccinated, and if you have been vaccinated, go get your booster.

I think it is really important that we do as much as possible to protect ourselves.

WHITFIELD: All right. Your message, loud and clear. Don't let your guard down just yet.

Dr. Carlos del Rio. Always good to see you. Thank you so much.

DR. DEL RIO: Take care, Fred. Thank you very much.

WHITFIELD: All right. Coming up, Alec Baldwin is now talking about the deadly shooting on the "Rust" movie set. But his side of the story is raising even more questions.

(BEGIN VIDEO CLIP)

ALEC BALDWIN, ACTOR: Someone is responsible for what happened and I can't say who that is, but I know it is not me.

(END VIDEO CLIP)

[11:21:37]

(COMMERCIAL BREAK)

WHITFIELD: Authorities investigating the deadly shooting on the set of Alec Baldwin's movie "Rust" say it will likely be late winter before they make any decisions on potential criminal charges. That's according to CNN sources briefed on the investigation.

And this comes just days after Alec Baldwin gave his first interview since the shooting in which he said he did not pull the trigger and is not responsible for the death of cinematographer Halyna Hutchins.

CNN'S Natasha Chen has the latest, Natasha.

NATASHA CHEN, CNN NATIONAL CORRESPONDENT: Yes Fred, like you said, we're hearing that February in fact is a goal for local prosecutors to make a decision on charges in this case.

Right now, it is still in an active fact-finding phase. And they're going through a long list of witnesses and an ever increasingly- complicated chain of evidence.

And it has gotten more complicated this week because of Alec Baldwin's interview where he has publicly stated he did not pull the trigger. Here he is.

(BEGIN VIDEOTAPE)

CHEN (voice over): For the first time since cinematographer Halyna Hutchins was shot and killed on the set of the movie "Rust", actor Alec Baldwin described exactly what he thought happened on October 21st.

In an exclusive interview with ABC News anchor George Stephanopoulos, Baldwin said he never pulled the trigger on the gun he was holding.

BALDWIN: I let go of the hammer, bang the goes off.

CHEN: He recounted the rehearsal just moments before the gun fired, saying Hutchins was telling him how to position his hand, holding the gun just off camera.

BALDWIN: Now, in this scene I'm going to cock the gun. I said do you want to see that and she said yes.

So I take the gun, and I start to cock the gun. I'm not going to pull the trigger. I said do you see the -- well, just cheat it down and tope it down a little bit like that. And I cocked the gun, I go can you see that? Can you see that? Can you see that?

And she says -- and I let go of the hammer of the gun and the gun goes off.

CHEN: In the moments that followed, complete disbelief. BALDWIN: Everyone is horrified, they're shocked. It is loud. They

don't have their ear plugs in. The gun was supposed to be empty. I was told I was handed an empty gun. I thought to myself did she faint?

The notion that there was a live round in that gun did not dawn on me until probably 45 minutes to an hour later.

CHEN: The attorney for assistant director Dave Halls says Halls maintains he did not see Baldwin pull the trigger and that Baldwin did not have his finger on the trigger.

Theatrical firearms safety expert Steve Wolf showed why he believes that's not likely.

STEVE WOLF, FIREARMS SAFETY EXPERT: Not plausible. On a single action revolver, when you pull that hammer back which is an intentional act -- click, click, click, click. Now the hammer is set.

When you pull the hammer back and let go, as you can see I am not holding this, you know, the hammer doesn't go anywhere.

CHEN: He says if Baldwin's finger was resting on the trigger when he let go of the hammer.

WOLF: He doesn't have to press the trigger again if he's already got pressure on it in order for the gun to fire.

CHEN: Baldwin became emotional as he described his admiration for Hutchins, but said he does not feel responsible or guilty for her death.

BALDWIN: I feel that someone is responsible for what happened and I can't say who that is, but I know it is not me. I mean honest to God, if I felt that I was responsible, I might have killed myself if I thought I was responsible. And I don't say that lightly.

(END VIDEOTAPE)

CHEN: And after Alec Baldwin's interview, the district attorney in Santa Fe released a statement saying that everyone had a responsibility on that set to behave in a way that protected safety of others.

Here she is talking to ABC.

(BEGIN VIDEO CLIP)

MARY CARMACK-ALTWIES, DISTRICT ATTORNEY - SANTA FE, NEW MEXICO: This was clearly an accident but perhaps a criminal accident. Just because something is an accident doesn't mean that a criminal act didn't occur.

(END VIDEO CLIP)

[11:29:58] CHEN: Baldwin also told George Stephanopoulos during his interview that in speaking to people he feels are in the know, he feels it is unlikely he would be criminally charged. But of course, he has already been named in a couple of civil suits as well, Fred.

WHITFIELD: Yes. All right. Just the beginning. Natasha Chen, thanks so much.

CHEN: Thanks.

WHITFIELD: Still ahead, the future of Roe v Wade is uncertain -- excuse me -- as the Supreme Court considers a case that could radically transform abortion rights nationwide. We'll discuss that next.

(COMMERCIAL BREAK)

[11:35:04]

WHITFIELD: All right. More now on our top story. James and Jennifer Crumbley, the parents of the Michigan school shooting suspect were arraigned in court a short time ago. Each pleaded not guilty to four counts of involuntary manslaughter. The judge also set bond for both at $500,000.

Four students were killed in the Oxford High School shooting and seven others were injured.

The deposition of a former top justice official in the Trump administration has been postponed. Jeffrey Clark was scheduled to sit for a deposition with the January 6th Select Committee today but that has now been postponed until December 16, due to a medical condition that prevented Clark from appearing today.

This week the committee moved to hold Clark in contempt for defying a subpoena to answer questions and hand over documents. Clark has sent a letter to the panel saying he intends to claim Fifth amendment protection invoking protections against self-incrimination.

The state of the landmark Roe versus Wade decision on abortion rights is now in the hands of the U.S. Supreme Court. The justices spent two hours discussing the case during oral arguments this week.

A decision is expected late spring or perhaps early summer, but the conservative-leaning court seems poised to uphold the Mississippi law that bans abortion after 15 weeks.

Some abortion rights advocates fear that the 6 to 3 conservative court will completely gut Roe v Wade, a precedent that has withstood court challenges for almost 50 years now.

Amy Hagstrom Miller is the founder and CEO of Whole Woman's Health. She operates four health clinics in Texas. Amy, good to see you again. So after this week's Supreme Court hearing, do you believe Roe versus Wade will ultimately be overturned? AMY HAGSTROM MILLER, FOUNDER AND CEO, WHOLE WOMAN'S HEALTH: You know

Fredricka, it didn't look good for us in the court. I think there are some of the new justices really gunning for eviscerating people's access to safe abortion in this country. And I think it was devastating to hear the kinds of questions that they asked.

I think it was Justice Sotomayor who is the only person who brought up women and pregnant people and the rights and human rights of pregnant people. It was -- it was a really sobering hearing.

WHITFIELD: So the U.S. Supreme Court is focused right now on the Mississippi law that bans abortions after 15 weeks, what in your view has been the impact of that new law in your state.

MILLER: You know, like you said, people have been able to count on access to safe abortion care for almost 50 years in this country. It is a human right and it is fundamental to the equality and autonomy of women in this country. And what we are seeing in Texas is an awful foreshadowing of what could come in this country.

We are over three months of having a ban on abortions over six weeks. People are begging us, people are devastated. They're traveling out of the state if they have the resources to do so. And they're being forced to carry a pregnancy against their will in 2021 in the United States. It is unacceptable and it's terrifying.

WHITFIELD: If the Supreme Court overturns Roe v Wade, leaving it up to states to decide on abortion laws. It is expected as many as 26 states could pass laws that ban abortion in those places.

What kind of situation in your view would that create. You talked about how in Texas, if you plugged the resources, you know, they can move on to other states. But if it ultimately is up to each state and you look at the map there. What do you think the recourse is for many women?

MILLER: You know, we're going to see a patch work and we're going to see, you know, what's already kind of emerged over the last couple of decades is really two different Americas where the access to safe abortion depends upon where you live. And that's going to be even more stark.

We're going to have places where people are banned from getting safe abortions from trained medical professionals. And then we're going to have other places that have to be almost like a haven state where we're going to prepare to receive people who are migrating for abortion access from places like Texas and Louisiana and Mississippi, north to Illinois and Minnesota, or east or west to the states that are more favorable for people's access to abortion.

And you know, we really shouldn't allow, we shouldn't stand for this. People should have access to safe abortion in their communities. Abortion makes our communities healthier, it makes our families healthier. And safe abortion should be a human right in this country as well as other countries all over the world. WHITFIELD: A moment ago you said U.S. Supreme Court Justice Sonia

Sotomayor was the only one who was asking the questions the way in which you preferred out of concern for women. We have a sound bite from her now. Let's listen.

[11:40:00]

(BEGIN VIDEO CLIP)

JUSTICE SONIA SOTOMAYOR, SUPREME COURT OF THE UNITED STATES: Will this institution survive the stench that this creates in the public perception that the constitution and its readings are just political acts? I don't see how it is possible. It is what Casey talked about when it talked about watershed decisions.

If people actually believe that it is all political, how will we survive? How will the court survive?

(END VIDEO CLIP)

WHITFIELD: And I want to ask you to answer those kinds of questions. But a recent poll, you know, found that, you know, 60 percent of the American public does support Roe v Wade, with just 27 percent who want it overturned.

So if abortion is severely restricted or banned by the court, what kind of impact do you think this will have on the Supreme Court and the political landscape in the U.S.?

MILLER: You know, you're right. The vast majority of people in this country, including in places like Mississippi and Texas don't support this kind of restriction on abortion care services and banning abortion actually doesn't do anything to change the need for abortion. It doesn't reduce the incident of unplanned pregnancy. It just stops people from getting safe abortion care from trained professionals.

And so what we're going to see is a rolling back of women's health and safety outcomes. We're going to see, you know, maternal mortality continue to plummet. In places like Texas and Mississippi it is worse than some developing countries, right.

And so what we need to talk about is the fundamental safety and health and rights of women and of families and of pregnant people in this country and not get politicized.

I think we've got to also look to Congress and to the Senate to pass the Women's Health Protection Act. We need to look to the other bodies of our government to ensure our rights because we can't count on the Supreme Court.

WHITFIELD: Amy Hagstrom Miller, good to see you. Thank you so much. I know we'll be talking again over the course of the year, if not months. Thanks so much.

MILLER: Thank you so much. WHITFIELD: All right. Still ahead, Ahmaud Arbery's killers aren't the only ones facing the prospect of prison. Now the focus is on the former district attorney over how she initially handled that case.

[11:42:21]

(COMMERCIAL BREAK)

WHITFIELD: All right. More than a week after a jury found three men guilty in Ahmaud Arbery's murder, the focus turns to the former district attorney. Prosecutors say Jackie Johnson mishandled the case and delayed the arrests of Arbery's killers.

Now, as CNN's Martin Savidge reports, she is also facing the prospect of prison.

(BEGIN VIDEOTAPE)

MARTIN SAVIDGE, CNN CORRESPONDENT (voice over): an hour after Gregory McMichael, his son Travis and neighbor William Bryan Jr. chased down and murdered Ahmaud Arbery on a Sunday in south Georgia, Greg McMichael was on the phone.

GREGORY MCMICHAEL, SENTENCED FOR MURDER OF AHMAUD ARBERY: Jackie, this is Greg. Could you call me as soon as you possibly can.

SAVIDGE: Calling Jackie Johnson, the local district attorney.

MCMICHAEL: My son and I was involved in a shooting. And I need some advice right away.

SIMONETTI: For years, McMichael worked with Johnson, investigating cases for the Brunswick D.A.'s office. Now, as he stood with Arbery's blood literally on his hands, McMichael made sure police knew about the connection.

MCMICHAEL: I was chief investigator with the D.A.'s office for 23 years. So I know what you got to do.

SAVIDGE: No one was arrested that day or for months to come. The Georgia attorney general contends Johnson's influence in the case not only delayed justice for Arbery's family, but it also nearly denied it.

In September, more than a year after Arbery's death, a grand jury indicted Johnson for violating her oath of office and obstructing police.

Arbery's family applauded the move in a virtual press conference.

WANDA COOPER JONES, AHMAUD ARBERY'S MOTHER: She didn't pull the trigger, but she is just as much to hold accountable as the three guys who actually did this to Ahmaud.

SAVIDGE: Johnson turned herself in at the Gwen County (ph) jail but was free in less than an hour and didn't have to pay any bond. According to the indictment, Johnson directed police not to arrest Travis McMichael that day, even though he shot at an unarmed Arbery three times, point blank with a shotgun hitting him twice.

The indictment also says that after recusing herself, Johnson recommended another district attorney, George Barnhill, never disclosing she had already talked to Barnhill about the case.

Barnhill would send a letter to police advising the shooting was justified, saying "We do not see grounds for an arrest of any of the three parties."

That could have been the end of the case if not for one thing. The public release more than two months later of the cell phone video showing Arbery's his pursuit and murder, outraging a nation. Gregory and Travis McMichael were arrested within days.

CNN's made numerous attempts to contact Johnson or her legal representation for comment without response. Johnson's repeatedly denied any wrongdoing and defended her actions including during the virtual debate when she was running for re-election.

JACKIE JOHNSON, FORMER BRUNSWICK COUNTY DISTRICT ATTORNEY: I'm sorry that from the very beginning a lie was told about how my office handled that case. That case is a terrible tragedy for our the community and it is a tragedy to the family.

I'm sorry about how things happened. I'm sorry that a lie got started and I could not turn it back.

[11:49:53]

SAVIDGE: Voters didn't buy it. After ten years in office, Johnson lost the election. Now this once top prosecutor prepares for a prosecution like none she's ever faced before, her own.

(on camera): The next legal step for Jackie Johnson would be an arraignment, but no court date has been set for that yet. If she were to be found guilty of the most serious charge which is violating her oath of office, she could face anywhere form one to five years in prison.

(END VIDEOTAPE)

WHITFIELD: Martin Savidge, thank you so much for that.

All right. Coming up, it's a place known for sun and sand but now Hawaii is facing potential blizzards, as in snow. We'll have the details on that next.

But first, three months after Hurricane Ida barreled through Louisiana a rural community is pulling itself out of the destruction and despair with some help from Habitat for Humidity. It's today's impact your world.

(BEGIN VIDEOTAPE) BENNY ALEXIE, RESIDENT, JEAN LAFITTE, LOUISIANA: It took me 40 years to get where I was at, and to see that it only took a matter of hours to lose it all.

MAYOR TIM KERNER, JR., JEAN LAFITTE, LOUISIANA: Hurricane Ida or Hurricane Katrina completely Devastated our community. A big portion of Lafitte became homeless overnight. The decisions to build levees all around us leaves all the water filled here.

People don't have insurance, (INAUDIBLE), don't qualify for FEMA. They need funds. People come help build their home and put their roofs back together.

MARGUERITE OESTREICHER, EXECUTIVE DIRECTOR, NEW ORLEANS HABITAT FOR HUMANITY: We started distributing tarps to people to prevent further damage but that's not where Habitat really shines. It's long-term recovery and helping people figure out a path to rebuilding.

UNIDENTIFIED FEMALE: The amount of work to be done is just overwhelming. So the piece where volunteers fit in, those are extra hands. Those are the people who come in, they can muck and gut. They don't have to be skilled carpenters in order to be helpful.

UNIDENTIFIED MALE: I've been a volunteer since 1991. It's not just building houses but a ministry. They teach people about volunteering and community involvement.

DENNIS KAHOE, VOLUNTEER: This didn't just happen to me. So it's heartbreaking to see your whole community go down like this, but like some of the signs says. We're going to rebuild, and we'll be better.

(END VIDEOTAPE)

[11:52:07]

(COMMERCIAL BREAK)

WHITFIELD: All right. If you're planning a winter getaway to Hawaii you may want to pack your parka. The National Weather Service has issued a blizzard warning for part of the Big Island. The National Weather Service forecasting up to a foot of snow, most coming today for the Big Island Summit.

CNN's Allison Chinchar is live in the CNN Weather Center and she joins me now. So Allison, Denver is dealing with a snow drought, but then you've got Hawaii that's got a blizzard potentially?

ALLISON CHINCHAR, CNN METEOROLOGIST: Yes. Actually more snow has fallen on the Big Island of Hawaii so far this winter than has fallen in Denver.

Is kind of (INAUDIBLE) because when you think of Hawaii, you know people picture palm trees, we picture beaches. And yet it still has those, but you have really high elevations on the Big Island. So high that when you get that cold air that can kind of come on over with some moisture, yes, you end up getting snow. In fact, the Big Island typically gets snow at least once a year. Blizzard warnings, not as common. In fact it's been about three and a half years since we had the last blizzard warning on the Big Island.

But there is one there for today. Up to a foot of snow and wind gusts up to as high as maybe about 100 miles per hour causing very poor visibility again on some of those highest mountain peaks.

But everywhere else where it's going to be warmer, it's going to be rain and a lot of it. Widespread rainfall totals about four to six inches but there could be some spots that pick up as much as ten inches of rain total once the this storm finally pushes out.

The mainland portion of the U.S. quite a different story. A snow drought, only 8 percent of the lower 48 has snow cover right now. Denver has yet to pick up any measurable snowfall so far this winter season.

That may change for some of these areas across Colorado with this next system that's coming in now. The bulk of the snow is really going to be limited up closer to the Canadian border stretching from Montana all the way over to the U.P. Of Michigan.

But a little bit further south could still get some snow areas of Wyoming, Colorado, South Dakota. But again, this is the main system we're talking about here.

Now, again this is going to be pretty decent snowfall even for some of these places that typically get snow. Widespread from central Montana all the way over to the U.P. you're talking about four to six inches.

But there will be a couple of spots that could pick up over a foot of snow before the system finally moves out.

And the other thing, Fred, the temperatures are really going to dip after this weekend. Take Minneapolis for example. Going from a high 40 on Sunday to a high of 14 on Monday.

WHITFIELD: Oh boy. That's pretty brutal. Allison Chinchar, thank you so much for this.

All right. Well, this is a pretty hard to believe story. A Maryland home is destroyed after a resident's ill-fated attempt to clear a snake infestation backfired spectacularly.

Officials this 10,000-square-foot home west of Baltimore burned down late last month after the homeowner tried to smoke out the snakes on the property.

[11:59:55]

WHITFIELD: The homeowner apparently used coal as the heat source for the smoke but then they were placed too close to combustible materials eventually setting the house on fire.

Luckily no one, no person, injured.