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Omicron Fuels COVID Spike as Americans Gather for the Holidays; Soon, LAPD Releases Video After Teen Girl Killed; Democrats Open to Breaking Social Agenda into Smaller Parts. Aired 10-10:30a ET

Aired December 27, 2021 - 10:00   ET

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

LARRY MADOWO, CNN CORRESPONDENT: Absolutely, he did. And just one quick quote, Poppy, one of his most famous quotes is if you choose neutrality in times of injustice, you've chosen the side of the oppressor.

HARLOW: There you go. Larry, thank you for that reporting.

It is the top of the hour. Thank you so much for being with me, everyone. Good morning. I'm Poppy Harlow. Jim Sciutto has a well- deserved week off.

This morning, demand for COVID testing is at an all-time high as the spread of the omicron variant and holiday travel create what has just become sadly a perfect storm. Take a look at these lines from all over the place this weekend, people waiting and waiting for hours and hours to get a COVID test, many looking for at-home tests, finding store shelves bare. Dr. Anthony Fauci telling CNN this morning it will improve soon.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: We had a conflation of high demands, high demands because of the concern about omicron, which is a justifiable concern, but the high demand that was triggered by the holiday season.

You know, obviously, not making any excuses for it, we should have had more tests available, but hopefully now as we get into the first couple weeks in January that will get much better.

(END VIDEO CLIP)

HARLOW: In New York State, daily cases approaching 50,000. New York City is hoping to help curb that with its vaccine mandates for the private sector. That goes into effect today. This latest surge is also wreaking havoc on travel plans according to FlightAware. More than 800 U.S. flights have been canceled this morning. Staff and crew are out sick worldwide. That's more than 2,300 flights. More on that in just a moment.

Let's begin this hour, though, with testing. Our Leyla Santiago joins us in Miami at a 24-hour COVID testing center. Cars have been lined up since 4:00 this morning? LEYLA SANTIAGO, CNN CORRESPONDENT: Yes, Poppy. And we are at one of the busiest sites in South Florida. In this timeframe, from 9 A.M. to noon, is said to be one of the busiest timeframes for this site.

Now, they expected here to see an increase in demand for testing, but the group that runs this site tells me what they're seeing is actually unprecedented, so much so they have increased staffing at this site by 50 percent here as a result.

And it's not just testing here. The county is also distributing at- home test kits at libraries today, but they are very quick to mention that that is as supplies last.

HARLOW: I mean, that's just astonishing, as supplies last, we would be running out of tests still, but we're seeing it all over the country. We've also seen quite a few outbreaks on cruise ships, including one that just returned to Miami. Is that right?

SANTIAGO: Right. That was a Carnival cruise ship that docked yesterday, Sunday morning. And the crew spokesperson will be very quick to tell you that everyone was vaccinated as well as tested before the voyage took off. And yet they had, and I quote, a small number of people that they kept in isolation. Here's how one of the passengers described it.

(BEGIN VIDEO CLIP)

LEAH MURRAY, CARNIVAL FREEDOM PASSENGER: They didn't inform us of hardly anything. They let everybody go about their business. The only reason why we found out that people on the ship had COVID is because the first destination we were supposed to go to, it took -- we sat there for a couple of hours and then we found out they wouldn't let us on the destination because of so many people on the ship having COVID.

(END VIDEO CLIP)

SANTIAGO: So, you can hear the frustration from people dealing with the rise in cases in Florida. We are having record numbers in terms of cases of COVID-19. I should mention again here in terms of testing that the wait, we just checked with someone who got a test, is an hour-and-a-half long at this testing site. Poppy?

HARLOW: Wow. Leyla, thank you for that reporting very much. You have thousands of holiday travelers scrambling to rebook their flights after major U.S. airlines continued their cancelations this morning.

Let's go to our National Correspondent Nadia Romero. She's live outside of Atlanta's Hartsfield-Jackson International Airport.

Is most of the cancelations caused because of COVID?

NADIA ROMERO, CNN NATIONAL CORRESPONDENT: That's what we're hearing from airlines, Poppy. They're saying that we really just don't have the flight crews to keep up with their flight schedule because so many of them have called in sick, either having COVID-19 or being exposed to the virus. We also know that some of the cancelations have come from weather and also from technical issues that you normally see, right? But it all came together during this weekend. We just got updated numbers from FlightAware.com that more than 850 flights have been canceled this morning alone. That brings us well over 3,000 for the last three days, when people trying to leave and come and go and see family and friends and then get back to their normal, everyday lives.

[10:05:04]

We're also seeing a lot of those cancelations happening globally as well, and we spoke to some people who were traveling from out of the country, one couple who was coming in from Taiwan, another woman saying that she was trying to do a domestic flight but trying to go to Hawaii, and they had to switch up their travel plans and be extra on alert because of all the delays and cancelations. Take a listen.

(BEGIN VIDEO CLIP)

NICK GORDON, AIR TRAVELER: They called us and said that there was some malfunction, whatever that may be, and so our flight's leaving earlier now.

RANI LALL, AIR TRAVELER: We actually changed our flight to a nonstop flight. It helps hopefully not having any cancelations.

It was a little bit stressful because of obviously COVID and everybody taking precautions, but, you know, we're ready.

(END VIDEO CLIP)

ROMERO: And, Poppy, we heard from the TSA that they saw fewer people going through the screening checkpoints on Christmas Eve, Christmas Day, but I would bet we would have pre-pandemic levels at least, if not record-breaking levels, just by the sheer number of people coming in and out of this airport. It reminds me of what we the Sunday after Thanksgiving with those long, long lines at TSA. Poppy?

HARLOW: Yes, it really does look like that. Nadia, thank you for that reporting.

Joining me to answer some of your biggest questions about all of this, Dr. Colleen Kraft, she is the associate chief medical officer at Emory University Hospital in Atlanta. Dr. Kraft, good to have you on.

And I just want to note, you have been working nonstop since December 13th caring for these patients. Can you believe what you're seeing?

DR. COLLEEN KRAFT, ASSOCIATE CHIEF MEDICAL OFFICER, EMORY UNIVERSITY HOSPITAL: It's been really tough, to be honest. I think that we didn't expect sort of this perfect storm to sort of all hit this weekend. So, definitely.

HARLOW: So, it does seem to me when you look at the travel lines, when you look at the number of people passing through TSA, when you look at the number of people gathering and hopefully everyone is testing and hopefully, you know, they're vaccinated, but it does appear that, behaviorally, things are just very different right now, right, because there is more protection out there. But it just seems like a weary America is done with staying home.

KRAFT: That is absolutely for sure. And so now it's going to affect very dramatically right now, especially this week, our service professions, right? So, you just had that great interview about, you know, plane flights being canceled, same thing with hospitals. So, our staff are also tired. They've also been, you know, getting exposed to COVID and getting COVID. Thankfully, we're not seeing severe disease for the most part in people that are vaccinated, but we still want them to come to work, and that's really difficult right now.

HARLOW: So, what about New Year's Eve? I mean, Friday night, New York City is still going to have its celebration outside in Times Square, fewer people, but still, I think, 15,000 folks. What are people supposed to do and not do for New Year's Eve? Like what's okay?

KRAFT: I haven't even thought ahead that many days, Poppy.

HARLOW: Yes. I'll be working, but, I mean, the people who want to party and celebrate, what do they do? How big a group can they get together with?

KRAFT: I think it really depends on what you're going to do afterwards. So, for me, I knew I was going to be running for a long stretch, so I avoided any indoor gatherings at all. So, I think it really has to do with, you know, if you're working remotely, if you're working from home, if you're vaccinated, you know, you make choices based on sort of your own risk profile.

I think the thing that's really difficult is that people kind of, you know, they have to trust that other people are making the same choices if they want to try to not get it. And then there's a number of people that are just ready to be back to their normal lives and feel like this has to stop. And, you know, it's going to affect us if we're not careful.

You know, having everybody electively test before they go on their Christmas season may have also contributed the fact that we now don't have a lot of tests, right, during this busy time for those who are symptomatic. So, it's hard to tell. It's hard to predict. We just sort of find ourselves here with this wave washing over us and trying to make the best we can of it.

HARLOW: There is this really good piece I want to pull up in The Atlantic that my producer pointed us to. And I was really struck by this part in it because there's a big part of a piece near the end that talks about the completely disproportionate impact, negative impact, on low-income Americans. And if you think about it, it says, look, low-income Americans live in more crowded housing, more susceptible to airborne viruses, they can't often work remotely. 53 million Americans are paid an hourly wage or $10 or less. They can't afford tests that are $25 for two. If you say you're going to reimburse them, it doesn't help them with the lack of cash in their pocket right now. I heard a retail worker talking last week, Dr. Kraft, about missing $500 worth of work in retail to wait in line to get tested just to go to his job in retail.

[10:10:02]

It is such a remarkable just form of inequality that it doesn't seem like has been addressed enough in terms of our national response to the pandemic.

KRAFT: Yes. And I think because our responses had to change so much, I do think that those individuals are really being left behind and not being served well at all. So, exactly for reasons that you said, I mean, there are people here that work at our hospitals that are paid an hourly wage that have hardship that we probably don't understand and it's hard for us to support because we're just trying to even keep sort of the global head above water, right? So, I completely agree with you. I think we're definitely struggling in that way and also globally for resource-limited settings.

HARLOW: For sure. Well, Dr. Kraft, thank you for taking the time for this in the middle of so many days of doing the rounds and taking care of patients. We really appreciate it.

KRAFT: Thanks for the opportunity.

HARLOW: Of course.

Still ahead, we will tackle the mental health toll this pandemic has taken on so many Americans. A psychologist joins us with ways to help take care of yourself and your children right now.

Plus, we're following two developing stories today. In just a few hours the LAPD will release the body camera video of the fatal shooting of a 14-year-old girl that happened last week, apparently caught in the crossfire between officers and a suspect.

And later, a semi-truck driver sentenced to 110 years in prison for a deadly accident goes back to court. Why the district attorney says his prison time should be drastically reduced.

(COMMERCIAL BREAK)

[10:15:00]

HARLOW: Well, today, the Los Angeles Police Department is expected to release body camera footage, 911 calls and radio transmissions related to an officer-involved shooting that killed a 14-year-old girl last week. Authorities say the teen, we now know her name, Valentina Orellana-Peralta, she died in a Burlington coat factory dressing room after police opened fire at a man suspected of attacking a woman in the store. One of those shots penetrated a wall and struck and killed the girl.

Our Josh Campbell has more on this. And, Josh, we were talk about this on Friday. It is such a tragedy. We now have her name. And soon, the public is going to see -- going to have transparency here, right, and see the video and hear the 911 calls and understand more of what happened?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: That's right. We're hoping to get some of those key questions answered about the moment that the shooting happened. Of course, this happened on Thursday at a department store in North Hollywood. Police say that they received calls of an assault in progress as officers were on the way. That call was escalated to shots fired.

Now, as they arrived, they encountered a female who was suffering bleeding, as well as other injuries. They believe that she had been assaulted. They also found a suspect who witnesses say was assaulting that woman with a bike chain.

Something happened that caused one of those officers to open fire on that suspect. He was shot and killed as authorities began a sweep of the department store looking for other potential victims. They found something truly devastating. Listen.

(BEGIN VIDEO CLIP)

ASST. CHIEF DOMINIC CHOI, LOS ANGELES POLICE DEPARTMENT: The call was upgraded to possible shots fired.

Officers encountered the suspect and during that encounter, an officer-involved shooting occurred.

And behind the dry wall, solid wall that you can't see behind, we went behind it, it turned out to be the dressing room there. And what we did is we were able to locate a 14-year-old female who was found deceased in that dressing room.

Preliminary, we believe that round was an officer's round.

(END VIDEO CLIP)

CAMPBELL: Now, I talked to the coroner's office this weekend. As you mentioned, they have identified that 14-year-old, Valentina Orellana- Peralta. The cause of death is listed as a gunshot wound to the chest. Just an incredible tragedy happening here in North Hollywood. The state's attorney general's office is now investigating. The police chief here wants all of the body camera footage, that 911 audio, as well as CCTV footage from inside the department store released today. Again, we're hoping that will help answer some of those questions.

What was the vantage point of that officer and what were the circumstances happening at that moment that caused that officer to open fire? Poppy?

HARLOW: Exactly. Some answers for the family that is just -- I can't even imagine their grief. Josh, thank you very, very much for that reporting.

Well, also this, less than two hours from now, a Colorado district attorney will ask that a sentence be reduced for a truck driver that her own office prosecuted. Rogel Aguilera Mederos was sentenced to 110 years in prison for 2019 crash that killed four people and injured several others. Now, the D.A. thinks that should be dropped to 20 to 30 years.

The judge in the case said his hands were tied due to state's mandatory minimum sentencing laws, but more than 4.5 million have signed a petition to asking the Colorado's governor to grant clemency or commute the sentence for time served. The governor's office says it's reviewing the sentence right now.

Joining me now to talk about this and a lot more is Defense Attorney Sara Azari. It's nice to have you. Thanks very much for joining me.

SARA AZARI, CRIMINAL DEFENSE ATTORNEY: Of course, Poppy. Good to be with you.

HARLOW: The thing that I keep thinking about is prosecutorial discretion and the fact that this D.A. brought the charges knowing the sentence that it possibly carried because of the mandatory minimum, and knowing that the judge's hands would be tied by that. And now that's the same D.A. that wants to reverse the sentence. I just think it shows the power of prosecutors.

AZARI: 100 percent. And I think there's a lot of pressure, which is why the prosecution is doing this.

[10:20:00]

Because, typically, Poppy, these petitions are brought by the defendant. The defendant is the one that wants a lesser sentence and the prosecution is the one that always wants a greater sentence.

But there's also another reason here. I mean, for one, prosecutors have to do the right thing. They have to right wrongs even though the wrong was theirs, but also I think this prosecutor is trying to set a higher foundation for ultimately what this new sentence will be, asking for 20 to 30 years.

I mean, in most states, Poppy, vehicular manslaughter carries two to five years and then, of course, if there's multiple counts, they run concurrently, not consecutively. So, even 20 to 30 years is unconscionable for a crime like this.

Of course, it's tragic. People died, people got injured. But whether he never sees the light of day because of 110 years or doesn't see the light of day for two to three decades, it's really a distinction with no difference. And so they're trying to bring in these victims or families to make victim impact statements to try to get still a horrific sentence in this case.

HARLOW: You know, obviously, it's so important to not to lose sight of the victims, the four people who were killed, the others who were injured, one of the family members of one of those killed was on with my colleague, Kate Bolduan, just a few days ago, saying, look, we don't think the governor should get involved yet, let the legal system play out and named a number of other factors in this case before the plea deal, et cetera, that had not been -- an offer that had not been getting as much attention. So, I just want to make that point.

But I do wonder what this says to you just in terms of reconsideration of mandatory minimums, in general.

AZARI: Yes. More and more states, Poppy, and even the federal government, are doing away with these laws because they serve no purpose and they're more hurtful than they are, you know, beneficial. You know, number one, there's no evidence that it helps victims. Number two, it sort of erodes the plea-bargaining process. The sentences are often very disproportionate to the offenses, and that is why a judge has to have the discretion in a particular case to see what is a fair sentence. Every case is different.

And so they really sort of punish people in a way that is completely a travesty. And, yes, of course, these victims need justice, they need imprisonment. We're not asking Aguilera to walk, but the sentence has to be fair and equitable, and that is why we have to let the judge decide what is fair and equitable in that given case.

And this law, until things like this happen, the focus is not shifted to the need to abolish, and, clearly, this Colorado law is defective.

HARLOW: But why would the judge have discretion now on a sentence already handled down and not before it was handed down?

AZARI: Well, because, initially, that mandatory sentencing rule applies. And, typically, clemency is something you seek after you've served a number of years. You don't see it happening so early on. But because of the utter unfairness of this, you know, 110 years on a vehicular manslaughter because your brakes failed and you were reckless, demands, you know, fairness, this sort of post-conviction relief. So, unfortunately, it's a backdoor way, but it will get him a better sentence.

HARLOW: Sara Azari, thank you very much, criminal defense attorney. I appreciate you helping us understand this better.

AZARI: Good to be with you, Poppy. And I know you can do your own legal analysis.

HARLOW: No. I am no lawyer. That's why we need you guys. Thank you.

Next, Democrats signal that they may be ready to break up President Biden's social agenda into smaller pieces. That's significant. We're live on Capitol Hill with an update as they try to find a way back for Build Back Better.

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[10:25:00]

HARLOW: This morning, new signs that some Democrats in Congress may be willing to split up President Biden's sweeping Build Back Better legislation and instead pass some of the programs as standalone bills. But progressives and moderates would still need to get on one accord to get anything done. Let's go to our Suzanne Malveaux. She joins us on Capitol Hill with more. This was really notable to hear Ben Cardin both yesterday, I believe it was on Fox News Sunday, and, again, today, say, all right, maybe we can split this up into smaller things and get it done.

SUZANNE MALVEAUX, CNN NATIONAL CORRESPONDENT: Well, Poppy, I mean, it's a huge strategic shift here among the Democrats because, essentially, they are saying that, yes, is there a way to get all 50 Democrats, perhaps some Republicans, as well, but essentially focusing on the Democrats, the caucus itself, split them up into items and pieces that they can all get on board with.

It was devastating, Senator Joe Manchin's announcement last week, that he just couldn't get there because of inflation, because cost and other concerns. But Senator Cardin says, yes, he does think they can do this, find some common ground. What could that possibly be? Well, focus on the policy, the thematic similarities. So, for instance, how do you afford better child care or education? How do we make the tax system more efficient so that those who are wealthy are paying their fair share of taxes? And how do we make sure that each of these items in these separate components and bills are actually paid for and accounted for?

[10:30:02]

So, Senator Cardin saying this morning, telling CNN, that, yes, he does believe it will be through reconciliation, the simple --