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Opening Statements Begin in Trial of Ex-Cop Who Fatally Shot Daunte Wright, Claiming She Mistook Gun for Taser; Closing Arguments Underway in Jussie Smollett Trial; Pelosi Hesitates to Take Action Against GOP Rep. Boebert as Progressives Move to Strip Committee Assignments; Tiger Woods Returns to Competitive Golf Following Car Accident. Aired 1:30-2p ET

Aired December 08, 2021 - 13:30   ET

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

[13:33:15]

ANA CABRERA, CNN HOST: Opening statement are underway in the trial of Kimberly Potter. She's the former police officer who fatally shot Daunte Wright during a routine traffic stop near Minneapolis in April. This was at the time the Chavin trial was going on.

She claims she mistook her gun for her taser. In police body cam footage, she is heard yelling "taser" repeatedly before firing her gun at the unarmed 20-year-old.

(BEGIN VIDEO CLIP)

(CROSSTALK)

KIM POTTER, FORMER POLICE OFFICER CHARGED WITH KILLING DAUNTE WRIGHT: I'll tase you. Taser, taser, taser.

(END VIDEO CLIP)

CABRERA: CNN's Adrienne Broaddus is in Minneapolis for us.

Adrienne, Potter faces first- and second-degree manslaughter charges and is pleading not guilty. What are you hearing?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Compelling opening statements, Ana, from both sides.

Let's start with the prosecution. On the prosecution, they started by narrowing in on Potter's training. Underscoring that she has 26 years of experience. Pointing out that she's been an officer longer than Daunte Wright was alive.

When the prosecuting attorney made her opening statements, she talked about the training Potter underscored, even additional use of force training, and was recertified on her taser one month before the killing.

And according to the prosecutors, Potter violated the Brooklyn Center Police Department's policy when it comes to use of force. Listen in.

(BEGIN VIDEO CLIP)

ERIN ELDRIDGE, MINNESOTA ASSISTANT ATTORNEY GENERAL: This case is about an officer who knew not to get it dead wrong, but she failed to get it right.

[13:35:07]

This case is about the defendant, Kimberly Potter, betraying her badge and betraying her oath and betraying her position of public trust.

And on April 11th of this year, she betrayed a 20-year-old kid. She pulled out her firearm, she pointed it at his chest, and she shot and killed Daunte Wright.

(END VIDEO CLIP)

BROADDUS: Also during her opening statements, she showed jurors video, aftermath video. That video, on it, you can hear Potter's first words after the shooting when she says, "I killed a boy. I'm going to prison."

Prosecutors say she did not radio for help.

By contrast, defense attorneys representing Potter saying this was a mistake. She meant to pull her gun instead of her taser. And -- excuse me -- she meant to pull her taser instead of her gun.

And blaming all of this on the actions of the deceased. Listen.

(BEGIN VIDEO CLIP)

PAUL ENGH, DEFENSE ATTORNEY: So when she says "taser, taser, taser, taser," there's one last pause. The facts will show you, Mr. Wright can stop. All he has to do is stop and he'd be with us. But he goes.

She can't let him leave because he's going to kill her partner. And so she does taser, taser, taser, and she pulls the trigger, believing that it was a taser. Why else would she say it?

(END VIDEO CLIP)

BROADDUS: That's a question the jury will have to decide. And the jury will have to decide whether or not Potter is guilty of these first- and second-degree manslaughter charges -- Ana?

CABRERA: Adrienne Broaddus, thank you.

We're also keeping a close eye on another high-profile case. Closing arguments are underway in the Jussie Smollett trial.

The former "Empire" actor took the stand in his own defense yesterday to rebut allegations that he staged a hoax hate crime and lied about it to police in 2019.

Smollett has pleaded not guilty to six counts of disorderly conduct on suspicion of making false reports to police. CNN's Omar Jimenez is in Chicago for us.

Omar, what stands out from today's closing arguments, and how soon could we have a verdict?

OMAR JIMENEZ, CNN CORRESPONDENT: Well, Ana, the defense is in their closing arguments right now after the prosecution went for close to two hours.

For both sides, this is their chance to tie together all the evidence and testimony we've seen in this trial for those jurors.

Now the prosecution laid out key pieces of evidence they say destroyed Jussie Smollett's credibility, including what special prosecutor, Dan Webb, told jurors was withholding medical, cell phone, and DNA records.

Specifically, Dan Webb said that, "If he's truly the victim of a hate crime, as opposed to the perpetrator of a fake hate crime, you want the police to do their job."

Another one of those key pieces of evidence was the Osundairo brothers couldn't have attacked without advanced knowledge, to which Webb said, "2:00 in the morning in the middle of the polar vortex in this comfortable condo and he went to Walgreens to get eggs."

How could the brothers ever know to be right at that intersection right at 2:00 a.m.?

Then Webb, pointblank, accused Smollett of lying under oath. "He was providing you false testimony on critical issues," he said to the jurors. "His testimony, at the end of the day, lacks any credibility whatsoever."

Now these are all things Smollett has denied.

But bottom line, the prosecution said they need to prove two things -- that Jussie Smollett created a plan for a fake hate crime. And that he falsely reported that fake hate crime to the Chicago Police Department as a real hate crime.

As mentioned, the defense is speaking now. Once they're done, rebuttal. Goes to the jury and they'll have the final word -- Ana?

CABRERA: Omar Jimenez, thank you.

That means they could get the case today and begin deliberations.

Let's bring in Sara Azari. She's a criminal defense attorney now.

Sara, I know defense arguments, closing arguments are underway at the moment.

But you've been following this trial the last several days. Who do you think has made the more compelling case? The prosecution or the defense? SARA AZARI, CRIMINAL DEFENSE ATTORNEY: Ana, the prosecution.

As Omar said, you know, they had two things to prove beyond a reasonable doubt, that this was planned and that he made a false report to the police department. I think they've done a great job at doing that.

I think the prosecutor, really, the headline of the closing argument was, look, this guy is a trained actor. He's lying to you. Much like he put on the crime, he put on a show in the courtroom. And you can't believe a word he's saying.

That's interesting because they took almost two hours to make this argument. Dismantling all of the iterations by Smollett on the stand.

[13:39:59]

You know, there are two reasons, Ana, that a defendant testifies -- to humanize himself and then to explain a story. But that story has to be plausible. And it just simply isn't here.

You know, the idea that these guys hate me and they're homophobic, but I had sex with one of them. Then, you know, I had a training session the next day and didn't show up and didn't cancel it.

Maybe you cancelled it when you were doing the staged attack. I don't know. Nothing adds up.

What I've been repeatedly saying, which I was pleased to see this prosecutor argue in closing, is the idea that if you are a victim of a crime, you want the perpetrator to be brought to justice.

You don't say that you don't believe in DNA because you don't believe in ancestry.com. You don't refuse to turn over your cell phone and your medical records because the police are MAGA people and you don't trust them. I mean, none of this makes sense.

That's why the prosecutor's saying you've got to use your common sense.

CABRERA: Do you think it was a mistake for Smollett to take the stand?

AZARI: Yes, it was a mistake because I think he hurt himself. I don't think he helped himself.

Again, like the explanation is not just any explanation. It's got to be a credible story, a believable story.

But at the same time, there's no way to argue what the defense is arguing without him having testified. I think the hope was he's an actor, he's trained, he's going to testify in a compelling manner. Let's give it a shot.

CABRERA: Help us understand the charges a little bit. Six counts of disorderly conduct on suspicion of making false reports to police. That's what he's facing. He's pleaded not guilty to all the charges. Help us understand those and what is the potential likelihood he could

face jail time if convicted?

AZARI: Right. So remember, this was a case of 16 counts that the initial D.A. mysteriously dismissed. And then the special prosecutor was assigned -- he's a former federal prosecutor -- to try to this case on six counts.

Each of these counts carries one to three years in jail. The likelihood of probation has always been there if Smollett had settled the charges by way of a plea agreement.

But, Ana, he's gone to trial. He's told a story that this judge very well may not believe. And this judge is the sentencer in this case.

So when it comes down to sentencing, if he's found guilty on any of these counts, the judge is going to say, you wasted the court's resources with a bunch of lies, you've wasted the prosecution's resources with a bunch of lies, and you deserve to be punished.

So that possibility of probation is out the window.

CABRERA: Sara Azari, I appreciate your expertise. Thank you for being with us.

AZARI: Good to be with you, Ana.

CABRERA: All eyes are on Speaker Nancy Pelosi now, who is facing growing pressure from the progressive Democrats in her caucus to punish Congresswoman Lauren Boebert for bigoted and racist remarks. Why the speaker is hesitating, next.

(COMMERCIAL BREAK)

[13:46:00]

CABRERA: A flame-throwing Republican congresswoman could face formal punishment for spewing anti-Islam rhetoric.

Today, House progressives are pushing to strip Lauren Boebert of her committee assignments. Boebert has implied on several occasions that Congresswoman Ilhan Omar is a terrorist.

CNN's Lauren Fox is on Capitol Hill.

Lauren, Speaker Pelosi hasn't committed to taking any action. Why not?

LAUREN FOX, CNN CONGRESSIONAL CORRESPONDENT: Well, I think she's in the middle of a dispute right now among Democrats a little bit about what the best action is to take right now.

She has repeatedly said that what she wants to happen is she wants Republican leaders, like Kevin McCarthy, to take care of their own conference.

And when a member like this makes these kinds of racist remarks, she wants him to stand up and decide what to do with his own members.

That is a step that former speakers and former leaders have taken among members of their own conferences and caucuses.

Yet, Pelosi is arguing that it's not clear exactly what the direction is going to be.

She said earlier today at her press conference that she wanted McCarthy to handle this.

And other people who are close to her say that there's really a discussion right now as to whether it's helpful for the Democratic Party to take further action against Boebert, given the fact that she just goes out and gets more attention, raises more money.

And there may not be that widespread of Democratic support to take this step right now against Boebert.

Despite the fact that they have taken similar steps against Marjorie Taylor Greene, as well as Paul Gosar a few weeks ago, for posting that Anime video depicting the murder of a fellow Congresswoman.

So that is sort of the debate happening now within the Democratic Party. And sources tell me that there's still a discussion happening. No final decisions have been made.

But that just gives you a sense of what Democrats are kind of reckoning right now. Do you want to give this person any more attention?

CABRERA: I hate to give her more attention, but our job is to hold people in power accountable. She's a member of Congress.

She is also turning heads over this new picture she posted, apparently, following the lead of a fellow Republican. This is a Christmas photo of her kids, ranging in age from 8 to 15. And you can see they're holding semi-automatic-style rifles.

This picture, by the way, was posted just days after yet another deadly school shooting. How's this being received on Capitol Hill?

FOX: Ana, this isn't the first photograph like this that was posted by a Republican member of Congress. Thomas Massey had a similar photo a few days ago.

This is getting into problems within the Republican conference because there's a feeling among some members who are there to legislate that there are some members in their conference who just want attention, who just want to be grifters, as Representative Dan Crenshaw said this week.

I think that is one of the challenges that Republicans have in their midst is the fact that Lauren Boebert is not going to stop. She's going to keep posting these kinds of photos, keep saying the comments she's been saying. And that's why this is so difficult to tie it back to the Democratic

problem of whether or not they're going to take action because she's not going to stop no matter what the punishment is -- Ana?

CABRERA: Lauren, thank you very much.

[13:49:09]

Less than a year after surviving a horrific rollover car crash, golf legend, Tiger Woods, is back. When and where you can watch his return to the course, next.

(COMMERCIAL BREAK)

CABRERA: Tiger Woods is returning to golf less than a year after his serious car accident. Tiger plans to tee off next week at the PNC championship, an annual father/son championship in Orlando, Florida.

Let's bring in CNN "WORLD SPORT" anchor, Don Riddell.

Last week, Tiger spoke out for the first time since that accident. He described the depths of his recovery. And at the time, we reported that he didn't know when he would actually return.

Are you surprised it's already next week?

DON RIDDELL, CNN ANCHOR, "WORLD SPORT": Ana, in some ways, I am surprised, especially when you consider what exactly he said.

He gave that interview to "Golf Digest" and spoke to the media when he was in the Bahamas, hosting the Heroes Challenge Week. And he was saying that he was lucky to have survived that car accident. He was saying that he was lucky to still have the limbs.

When he was pressed on it, he said that amputation was very much on the table. And here we are, 10 months later.

Now, we've seen video of him swinging the golf club. He's been asked how good his game is, and he says he can hit the clubs, but the balls just don't go that far. So clearly, this is not a return to competitive action.

Here's why I'm not surprised that he's playing this. It's not a major event on the PGA tour.

It's not going to be a grueling four days of golf. It's only a two-day tournament. It's been reported by ESPN that he'll be able to use a cart.

And crucially, he'll be playing with his son, Charlie. We saw him last year playing with his son and the scenes were just wonderful. Tiger looked the happiest we've ever seen him on a golf course.

And that's saying something when you consider all the success that he's achieved. And I think he said as much, as well. He's so proud of this young man.

There will be a lot of excitement and interest in watching Charlie, because he was very good last year. As a dad, he's really excited about it. We should all just enjoy it.

[13:55:09]

But this in no way implies that Tiger Woods is returning to golf. He says he'll never be a full-time golfer again.

CABRERA: That's right.

RIDDELL: And even just playing competitively on the tour for one event is something that's a long way from where he is now.

CABRERA: OK, well, thank you for that, Don Riddell. I appreciate it.

That does it for me today. Thank you all for joining us. We'll see you tomorrow at 1:00 p.m. Eastern. In the meantime, you can follow me on Twitter, @AnaCabrera. Thanks again for being here.

The news continues next with Alisyn and Victor.

(COMMERCIAL BREAK)