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Jury Deliberations Continue in Daunte Wright Trial; FDA Authorizes First COVID Antiviral Pill. Aired 2-2:30p ET

Aired December 22, 2021 - 14:00   ET

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

[14:00:01]

ANA CABRERA, CNN HOST: Premieres Sunday, January 2, at 9:00 p.m. Eastern only on CNN.

And that does it for me today. Thank you all for joining us.

A reminder, you can always join me on Twitter @AnaCabrera.

The news continues right now with Poppy Harlow.

POPPY HARLOW, CNN HOST: Hello, everyone. I'm Poppy Harlow. Thanks so much for joining us this afternoon. Alisyn and Victor are off.

Three days before Christmas, and Americans are weary from the pandemic, and they have just been given a major gift, the FDA just today hours ago authorizing emergency use of the first antiviral pill to treat COVID. Paxlovid is made by Pfizer. It is for high-risk individuals 12 years and older. And it's to be taken at home before people get sick enough to be hospitalized.

This treatment comes at a critical time, as the nation is seeing a surge in cases driven by the highly infectious Omicron variant, which makes up at least 73 percent of the cases now in the United States and is now in all 50 states.

Bill Gates just today tweeting this -- quote -- "We could be entering the worst part of the pandemic, as the U.S. and the world are trying to navigate this new phase of the coronavirus."

Also, Israeli health officials are now rolling out a fourth vaccine dose for the elderly and for immunocompromised people there. The U.K. is shrinking the number of isolation days for people who are infected, but also vaccinated. Will the U.S. follow suit on both fronts? That's a big question this afternoon.

Let's begin with our Athena Jones, who is tracking the latest in the COVID developments.

(BEGIN VIDEOTAPE)

DR. ALI RAJA, MASSACHUSETTS GENERAL HOSPITAL: It's going to be a tough few months for us in the hospital.

ATHENA JONES, CNN NATIONAL CORRESPONDENT (voice-over): America facing a season of setbacks. The now dominant, highly contagious Omicron variant, first detected in the U.S. just weeks ago, helping drive new COVID-19 case numbers back up to levels last seen three months ago, in the midst of the Delta surge.

New infections jumping more than 20 percent over last week, nearly 70,000 people hospitalized with the virus.

DR. RICHINA BICETTE, BAYLOR COLLEGE OF MEDICINE: I'm pretty worried that the surge that we're going to see in the coming weeks is going to be worse than the surge that we saw last winter.

JONES: More than 200 military medical personnel deployed to help civilian hospitals in several states, COVID deaths rising 11 percent over last week, as the CDC reports COVID-19 was the third leading cause of death in 2020, when life expectancy dropped by nearly two years.

Despite the spike in cases, the TSA screening around two million or more people a day for the past six days. The CDC director reminding holiday travelers:

DR. ROCHELLE WALENSKY, CDC DIRECTOR: So much about the safety of your gathering has less to do with the plane ride or the train ride that you're going to do to get there and very much to do with the behaviors that you have in the week prior to your gathering.

JONES: The surge in cases prompting new rules and restrictions. In Chicago starting January 3, proof of vaccination will be required for customers over 5 at gyms, theaters, and entertainment and sporting venues that serve food and drink.

Atlanta's mayor reinstating an indoor mask mandate, while public health officials in Massachusetts recommend masks in indoor public spaces. California requiring all health care workers to get a COVID-19 booster shot.

Meanwhile, the quest for a COVID test getting harder.

DR. VIVEK MURTHY, U.S. SURGEON GENERAL: Certainly, we need to do more on testing. The 50 million tests that the president spoke about a few weeks ago are actually on their way out to community centers, to health care centers all around the country, to food banks, so that people can come and get them free.

JONES: Long lines from New York City to Cleveland, Walgreens and CVS limiting the number of tests customers can buy at once.

Meanwhile, after the United Kingdom reduced the required isolation period for vaccinated people who test negative twice for COVID from 10 days to seven, new debate over whether the U.S. should follow suit.

WALENSKY: We're actively examining those data now and doing some modeling analyses to assess that, and we anticipate that we will have some updates soon.

(END VIDEOTAPE) JONES: And when it comes to testing, New York City is working to ramp up efforts, the city setting a new record of 170,000 COVID tests conducted in one day in recent days. That surpasses its previous record of 120,000 tests.

And Mayor Bill de Blasio here says the city is adding seven city-run COVID-19 testing sites, bringing the total up to 119 city-run locations. They're also going to be adding five locations for the sole purpose of handing out at-home test kits. That starts tomorrow -- Poppy.

HARLOW: Athena Jones, thank you for all of that reporting very much.

Joining me now is Dr. Ofer Levy. He's the director of the Precision Vaccines Program at Boston Children's Hospital Doctor.

Doctor, good to have you here.

This breaking news does apply to some children, right, the news out of Pfizer about this antiviral pill. Anyone that is immunocompromised or at greater risk 12 years and older can get it.

[14:05:04]

You're on the FDA panel.

How would you rate the impact on the pandemic overall, in terms of this now being approved?

DR. OFER LEVY, FDA VACCINES ADVISORY COMMITTEE: Well, first of all, thank you for that, Poppy.

And as your lead-in illustrated, we're seeing governments across the globe, whether U.S., U.K. or Israel, making efforts to protect their populations while still keeping their economies open. And it's quite a task, isn't it, Poppy?

HARLOW: Yes.

LEVY: Regarding the FDA approval, that's welcome news.

To clarify, I'm on the vaccine advisory panel, not the antiviral panel, but we welcome the authorization of the Paxlovid, which is Pfizer's new antiviral pill that's swallowed by mouth. And it's for, as you mentioned, high-risk individuals 12 years of age and up. And this can be a very important tool in the fight against COVID.

There are some questions that have been raised around the production, supply limitations. I imagine there's going to be a lot of demand. But now let's see if the supply side can also be filled in.

HARLOW: Do you have any take?

I know, again, you're on the other committee, if you will, the advisory panel on vaccine approval. But do you have any read in terms of accessibility? Yes, maybe limited in supply at the beginning here, but what about people who have less means, right? Would this be free to those who need it the most, just as the vaccine is for everyone?

LEVY: I would hope so.

Under the other EUAs, the authorization, there was federal support. And I hope that's the case as well for this drug.

HARLOW: I want your take on Bill Gates and what he said today about this, because, when he speaks,especially on these issues, people listen.

And let me read you a little bit more of what he tweeted this morning -- quote -- "Just when it seemed like life would return to normal, we could be entering the worst part of this pandemic, Omicron will hit home for all of us. Close friends of mine now have it. I have canceled most of my holiday plans."

He went on to say it's spreading faster than any virus in history. And it will soon be in every country in the world.

"The big unknown is how sick it makes you. We need to take it seriously until we know more about it. Even if it's only half as severe as Delta, it will be the worst surge that we have seen so far because it is so infectious."

Again, this is from someone who chooses his words, especially on COVID, and who knows so much about viruses around the world -- he chooses them carefully. For him to say this, do you agree with it?

LEVY: Yes, sadly, I do agree with it, Poppy. I have had the honor of meeting Bill Gates and our research program has been funded in part by the Gates Foundation.

And, sadly, I think Mr. Gates is on target. As you know, for years. Gates and the foundation have pointed out that coronavirus remains a real risk for the world. And, unfortunately, those prior statements from years ago remain prescient.

And even if the Omicron is no more severe than Delta or maybe even less severe than Delta -- that's still being analyzed -- if it spreads so easily -- and it does -- it has the risk of filling our intensive care units beyond capacity.

I have friends who are on service now at the Brigham and Women's Hospital for infectious diseases. I go on service, on clinical service for infectious diseases at Boston Children's Hospital, and it's shaping up as a very difficult winter.

So I encourage your viewers to follow the public guidance, get immunized if they qualify for the immunization, get boosted if they are in the right group are ages for a booster, and to follow the CDC's guidance on common sense in terms of gathering in the holidays.

HARLOW: Well, what are you going to do for the holidays? How are you processing all of this? And how can it inform what we decide to do? LEVY: Right

Well, we have decided as a family to make the gathering smaller. We will gather with our three children and my mother-in-law. We're making sure that everybody is immunized and boosted. And we're going to keep it small. It is important to gather. It is important to practice our cultural and religious observances.

But we have to find a balance to do it in a way that protects our loved ones and our community.

HARLOW: Do we know if getting the booster shot for those who are eligible for it also -- obviously, it helps protect you from serious illness, but does it also help mitigate the spread?

LEVY: We hope so. And we believe, at least vis-a-vis Delta, that there's some effect there in mitigating spread.

It doesn't reduce it to zero.

HARLOW: Right.

LEVY: It is possible at coronavirus even if you're immunized, but you're less likely to do so.

The effect against spread for Omicron may be less of a beneficial effect for the spread, given how different Omicron is, although the early data suggests that the vaccines will still protect against them most severe outcomes.

[14:10:01]

So, any way you slice it, I encourage your eligible viewers to get immunized.

HARLOW: Yes, absolutely, and the booster now available to every adult.

Thank you, Dr. Levy, very, very much.

LEVY: Thank you, Poppy. Always a pleasure.

HARLOW: President Biden says his administration will have 500 million new COVID tests ready next month to mail out to anyone who wants them. That is too late, though, for these people lining up likely in your cities -- I certainly see it all the time here in New York -- around the block.

They're trying to get tested, many of them, before they travel or see family for the holidays.

Let me bring in Dr. Abdul El-Sayed, an epidemiologist and former Detroit health commissioner.

Doctor, it's very good to have you here. We heard the president yesterday talking about how quickly, in his

opinion, they are doing this. They are ramping up. But there's been talk for a long time about a winter search. Yes, we didn't know would be this variant, but we knew something could likely come. How would you assess the administration's response?

DR. ABDUL EL-SAYED, CNN POLITICAL COMMENTATOR: That's right, Poppy.

First, it's always good to be with you and always challenging to be talking about yet another winter surge. I know millions of families out there are frustrated that we're back here.

And the reality is, is that what they're seeing is the result of not having kept ahead of where we were. The sine qua non of public health, the thing that public health is about is about prevention. It's about keeping us from getting into circumstances.

Once we're responding in tough situations, we're already behind. And the reality of it is that, though we did not know that there would necessarily be a search, to your point, it was always a possibility. And though we did not know that we would have a particular variant called Omicron, the potential for a variant was always there.

And so it's somewhat astounding to be heading into yet another winter and dealing with the same challenges that have dogged our COVID response from the very jump, the fact that people still can't get their hands on tests, the fact that we are watching people line up to get their COVID tests, and the reality that we did not have to be here.

That said, the point that the president made yesterday about this not being March of 2020 is true.

HARLOW: Right.

EL-SAYED: We do have vaccines. Many people have taken them and that has hopefully done its parts to keep us safe. And yet here we are.

HARLOW: Yes.

So let's just take a moment and listen to what the president said on this yesterday. Here he was.

(BEGIN VIDEO CLIP)

QUESTION: Is it a failure that you don't have an adequate amount of tests for everyone to be able to get one if they need one right now?

JOE BIDEN, PRESIDENT OF THE UNITED STATES: No, it's not because COVID is spreading so rapidly. If you notice, it just happened almost overnight.

(END VIDEO CLIP)

HARLOW: You believe there is more, though, that the administration should be doing. Can you outline those steps for us? EL-SAYED: Yes, well, we had good news this morning on the FDA's

emergency use authorization of Paxlovid. And that really is a game- changer when it comes to our COVID response.

It protects nine out of 10 people from being hospitalized. That being said, we need more testing. And the reality of the 500 million tests is, it's just not enough. You have 350 million people in this country. We're already lining up to get our tests. We need more.

And the fact that the administration is not using the Defense Production Act here should call into question, why not? And then the other point here is that we have got to be shipping vaccines abroad. Now, I know that sounds inconsistent with what we're facing here right now. But the reality of it is that the fact that people have gone without vaccines in other parts of the world has left us vulnerable as a society, as a globe, to yet...

HARLOW: Right.

(CROSSTALK)

EL-SAYED: ... variant.

And so that's really critical here as well.

HARLOW: In fact, the World Health Organization just said that today, we will not get a handle on this until many, many more of the vaccines that are available here and in rich Western nations for boosters, third and fourth shots, are shared more equitably around the world, that we will not see the end of this pandemic.

EL-SAYED: Yes, that's exactly right, Poppy.

And here's the sad thing is that it's not just about us. It is also about the fact that there are millions of people around the world who are facing this pandemic, just like it was March of 2020, because they still don't have vaccines, because of the fact that we have not done what it takes to make sure we get them out there.

And, of course, yes, vaccine hesitancy is a challenge, just like it is here. And yet having vaccines available to the folks who would take them, I think, is absolutely critical. And we're seeing yet again, right?

Delta emerged in India, and it looks like Omicron emerged in Southern Africa. And the high probability is that they merged in unvaccinated people's bodies. And we have an opportunity to do what's right to protect ourselves from the next one, because, again, public health is about what you do before a surge like this happens, not just what you do in response.

HARLOW: Dr. El-Sayed, thank you very much.

EL-SAYED: Always a pleasure.

HARLOW: Well, happening right now, jurors in the Kim Potter manslaughter trial are deliberating again today. This is the third day of deliberation, after signaling that they were struggling to reach a unanimous verdict. We will take you live to the courthouse for the latest next.

[14:15:00]

And President Biden says gifts are being delivered on time, after fears the supply chain crisis could derail the holiday shopping season.

(COMMERCIAL BREAK)

HARLOW: Welcome back.

It is day three of jury deliberations in a trial of ex-Minnesota police officer Kimberly Potter. She is charged with two counts of manslaughter in the killing of Daunte Wright.

And jurors have met for 18 hours so far, and they have not been able yet to reach a verdict.

Our Adrienne Broaddus joins us, is following all of the developments in Minneapolis.

Adrienne, thank you very much. I know you have been on top of this trial since the start.

What is your sense? I mean, they have got -- they have submitted more questions to the judge. What's your sense?

ADRIENNE BROADDUS, CNN CORRESPONDENT: Poppy, and to those of you watching and listening, keep in mind this is a jury who listened to testimony over eight days.

[14:20:04]

During those eight days, they heard from 33 different witnesses, 25 called by the prosecution, eight from the defense. Members of the jury took detailed notes. I get the sense that they're hung up on something or there's some sort of disagreement among the jurors based upon one question they submitted.

So far, they have submitted three questions on the record. But the question that is signaling this disagreement, in part, the jury asked, if the jury can't reach a consensus, what is the guidance? They wanted to know guidance surrounding the next steps and how long they should deliberate.

Judge Chu instructed them to deliberate with a view toward reaching an agreement. But that's not all she instructed. Listen in.

(BEGIN VIDEO CLIP)

JUDGE REGINA CHU, HENNEPIN COUNTY DISTRICT COURT: You should decide the case for yourself, but only after you have discussed the case with your fellow jurors and have carefully considered their views. You should not hesitate to reexamine your views and change your

opinion if you become convinced they are erroneous. But you should not surrender your honest opinion simply because other jurors disagree or merely to reach a verdict.

(END VIDEO CLIP)

BROADDUS: And the jury has now been deliberating 19 hours.

Inside of the deliberating room, they have access to the Taser Potter intended to grab, as well as the gun she used to shoot and kill Daunte Wright. And that was one of the other questions. They wanted to know if the zip ties could be removed, so they could feel and touch the gun. And the answer was yes. And you might remember, on Monday, prosecutors told them they would have the opportunity to compare and contrast both weapons so they could see the difference -- Poppy.

HARLOW: Adrienne, thank you very much for staying on top of it as the jury continues to deliberate right now.

Let me bring in civil rights attorney Lee Merritt.

Lee, it's good to have you. Thank you for being with us.

I mean, you have got these two -- three questions, but two really critical questions from the jury so far. So let me begin with your reaction to that question that Adrienne just reported on, which is, what if we can't reach a consensus? What has your experience told you happens when a jury submits a question like that?

Lee, can you hear me?

All right, it doesn't sound like Lee can hear me.

Let's take a quick break. We will come back to him on the other side.

(COMMERCIAL BREAK)

[14:27:22]

HARLOW: All right, we have worked out the technical issues.

We're glad to be joined now again by civil rights attorney Lee Merritt.

Lee, thank you very much for being here.

We're talking about the trial of former Minnesota police officer Kim Potter in the death, the shooting death, of Daunte Wright. The question submitted by the jury, a key one here to the judge, what if we cannot reach a consensus, what has your experience told you that that indicates? I mean, how often does a jury come back hung when they submit a question like that?

LEE MERRITT, ATTORNEY: That is an indication that they were moving towards a miss trial or a hung jury. And that means there's a holdout, maybe several holdouts. There's no

real way to tell who the holdout is for. In other words, maybe there's someone who believes heavily that this is a guilty case and someone else who does not. But when you're reaching a dead -- like, the jury starts to begin to ask questions like that.

HARLOW: And the jury asking and getting permission from the judge to remove the zip ties that were holding the gun used in the killing of Daunte Wright to the exhibit, if you will, so that they could hold it, how significant is that for you?

Because, obviously, her defense is that she thought it was a Taser.

MERRITT: Right.

And so they really want to test the reasonableness of that. And so much of this comes down to what a reasonable person would have believed. And, really, the standard should be what a reasonable police officer in her situation would believe.

HARLOW: Yes.

MERRITT: But it shows that they're back there in the jury room really weighing the evidence, and they want to do sort of do some demonstrations themselves.

HARLOW: Right.

I mean, this is someone who I should note and has been discussed during the trial was trained significantly in this 26 years of training in use of force of the firearm, 19 years in training of a Taser, and also specific training on weapons confusion.

But I was looking at the Minnesota manslaughter statutes, because that's what she's charged under by the A.G.'s office, both manslaughter in the first degree and in the second degree. And in the first degree, the prosecution has to prove that it was reasonably foreseeable that this could have happened, and in the second-degree manslaughter, that negligence created an unreasonable risk.

How high of a bar is that in this case?

MERRITT: Comparatively, negligence is a relatively low bar.

Any time you're charged under the criminal statute, you have to prove your case beyond a reasonable doubt. The negligence is -- and it's -- I think it gets to what the jury -- juries want to look into, which is how reasonable is it that she could might confuse a gun with a Taser, knowing that they're extremely different weapons, they weigh different, they look different?

But the negligence standard, it's less difficult to reach. Would a reasonable person in her situation be able to make this kind of mistake, or was she not paying attention, was she reckless, was she negligent, is a lower bar.