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Kim Potter Receives 16-Month Sentence For Death of Daunte Wright; Russian Invasion Imminent?. Aired 2-2:30p ET

Aired February 18, 2022 - 14:00   ET

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

[14:00:30]

VICTOR BLACKWELL, CNN HOST: Hello. I'm Victor Blackwell. Welcome to CNN NEWSROOM. Alisyn is off today.

A judge in Minnesota just sentenced former police officer Kim Potter to two years for fatally shooting Daunte Wright during a traffic stop; 16 months of the sentence will be served in prison, with the rest under supervised release.

Now, Potter testified that she mistakenly shot Wright with a gun, when she meant to pull a Taser. In court today, Potter, 26-year police veteran, apologized to Daunte Wrights family.

(BEGIN VIDEO CLIP)

KIM POTTER, DEFENDANT: I am so sorry that I brought the death of your son, father, brother, uncle, grandson, nephew, and the rest of your family, to your home.

Katie, I understand a mother's love. And I'm sorry I broke your heart.

(END VIDEO CLIP)

BLACKWELL: Well, Daunte Wright's parents today in court, they asked the judge to impose the maximum possible sentence of 15 years. The prosecutors, they asked for seven years in prison.

CNN's Josh Campbell is with me now.

Josh, how did this judge arrive at two years as the sentence?

JOSH CAMPBELL, CNN SECURITY CORRESPONDENT: Well, this is what's called a downward departure from the sentencing guidelines.

And in this case, this was a sentence that was significantly less than what we were expecting, because someone in Potter's situation, a convicted offender with no prior criminal history, we expected in the range of six to 8.5 years, but the judge in this case saying that a lesser sentence was warranted, in her view, for at least two particular reasons.

First, she said that, in this case, this former officer thought she was pulling her Taser, instead of her firearm, that she didn't intentionally pull her service weapon and fatally shoot Daunte Wright. Second, she also described the scene as chaotic, saying that officers

are often required to make split-second decisions. And, interestingly, Victor, in addressing those watching who may disagree with her two- year sentence, the judge went out of her way to say that this particular trial was not like other high-profile trials, in her view, that we have seen in recent months.

Take a listen.

(BEGIN VIDEO CLIP)

JUDGE REGINA CHU, HENNEPIN COUNTY DISTRICT COURT: This is not a cop found guilty of murder for using his knee to pin down a person for nine-and-a-half minutes as he gasps for air.

This is not a cop found guilty of manslaughter for intentionally drawing his firearm. Officer Potter made a mistake that ended tragically. She never intended to hurt anyone.

(END VIDEO CLIP)

CAMPBELL: Now, Daunte Wright's family spoke after this sentence.

They are clearly unhappy, calling this a miscarriage of justice. Daunte Wright's mother spoke. And I will read a quote from her.

She says that: "This is the public -- the problem with the justice system. A white woman's tears trumped justice."

And, Victor, we also just got in a statement from the attorney general's office there, Keith Ellison. He says that he accepts this sentence from the judge. He urges others to accept it, but notes that: "I don't ask you to agree with her decision, which takes nothing away from the truth of the jury's verdict. I know it is hurtful to the loved ones of Daunte Wright."

She goes on to say that -- he goes on to say that: "There's no cost for celebration. No one has won. We have all lost, none more than Daunte Wright and the people who love him" -- Victor.

BLACKWELL: A lot to discuss here. Let's get into it.

Josh Campbell, thank you for the reporting.

And bring in CNN legal analyst and civil rights attorney Areva Martin. She's with us, along with retired Los Angeles Police Sergeant Cheryl Dorsey.

Welcome to you both.

Areva, let me start with you. And I want to get to -- sorry -- also got to get in that Sergeant Dorsey is the author of "The Confidence Chronicles, The Greatest Crime Story (N)Ever Told."

Again, thank you for being with us. Areva, let me start with you. I want to get to the emotion in just a

moment, but, first, just the sentence here; 15 years was the max. Seven years was the request from prosecutors; 16 months in prison, with six -- eight months then in supervised release.

What's your thought?

AREVA MARTIN, CNN LEGAL ANALYST: I think it's a miscarriage of justice.

I agree with the family that the judge went out of her way, Victor to talk about the fact that this was not an intentional act on the part of Kim Potter. But manslaughter charges already take into account that the conduct is not intentional.

[14:05:02]

And the state of Minnesota has already set the sentencing for manslaughter to be at the maximum of 15 years, as you said, but the presumptive sentence to be between six and eight years.

So, this whole notion that this wasn't intentional really in some ways was a red herring, because no one ever said that this was an intentional act. And the state assumed that non-intentional, but reckless acts, like these acts, when you are convicted for manslaughter, that you would serve that presumptive time, between six and eight years.

The judge also said that there would be no deterrent factor with respect to Kim Potter serving a lengthy jail time -- or jail sentence. But I think the judge got that wrong. Think about the other officers that could be impacted if this officer was forced to serve the sentence that we would expect to see for manslaughter, a conviction, manslaughter one and two.

And I think the family is right. We keep seeing this unequal justice system. If you're a person of color, you are treated differently than non-people of color, particularly if you're African-American. So the family's frustrated. I think this is a slap in the face to the family and to the African-American community that has been demanding equity and equality in our justice system.

BLACKWELL: Sergeant Dorsey, I don't know that I have ever seen a judge cry specifically during the sentencing portion.

I mean, this judge, she had to wipe her nose, take a moment. It seemed as if she shortened her remarks and just ended it. Your reaction to what we saw in court today and the sentence.

CHERYL DORSEY, RETIRED LAPD POLICE SERGEANT: All of it was a very off-putting for me. I have never seen a judge shear cheer and show so much empathy for a defendant.

Everyone in that courtroom room -- her defense attorney, you understand, was advocating and empathizing for this former convicted police officer, Kim Potter. And even during his presentation, the defense referred to her as Officer Potter, as if to infer that somehow she still was in good standing with the police department and therefore deserved leniency.

We heard them dirty up the victim and refer to him in ways that disparaged and besmirched his character.

Listen, let's not begin -- let's not forget how this all began, because Daunte Wright was driving a car with an air freshener. They found out he had a warrant. They knew who he was. They could have followed up later when he attempted to flee, if that was a problem. There was no exigent circumstance. There was no need for her to use a Taser.

And then to try to get us to believe something that's impossible and inconceivable, that, after 26 years, she doesn't know the difference between her gun and a Taser, her gun she touches every day she works when she puts on that uniform? It's all off-putting. It's all problematic. And justice was not served in the case and the murder of Daunte Wright.

BLACKWELL: Areva, you mentioned the parents. We talked about how dissatisfied they are with this sentence.

I want you to listen here to Katie Bryant. This is Daunte Wright's mother.

(BEGIN VIDEO CLIP)

KATIE BRYANT, MOTHER OF DAUNTE WRIGHT: This is the problem with our justice system today. White women tears trumps, trumps justice.

And I thought my white woman tears would be good enough, because they're true and genuine. But when they're coerced, coached, and taught by the defense attorney, I guess we didn't have a win in this at all.

(END VIDEO CLIP)

BLACKWELL: White women tears trump justice, and I thought my white woman tears would be enough.

When you heard that, you thought what?

MARTIN: Yes, you can't get away from race, Victor, when you talk about these cases.

The cases, even though this isn't Ahmaud's federal civil rights case, where the defendant was -- are on trial because of racial animus, race is such a part of all of these high-profile cases. And what mom is talking about or Daunte's mom is talking about is the history in this country, the history of white women being able to use what some call destructive tears to gain favor, to curry favor, to gain some kind of advantage, to exercise their privilege.

And that's what this mom is saying, is that this white woman, this white officer got a sentence that does not reflect what others, particularly people of color, in similar situations would get, or at least have gotten historically. And she's asking, when does it stop? When does it end? When do we have a justice system that honors everyone, and not just one demographic?

BLACKWELL: All right, Areva Martin, Sergeant Dorsey, thank you so much.

New U.S. intelligence shows that Russia is continuing its march towards war. That's according to a senior U.S. official, who tells CNN the latest assessment is bleak and that an invasion of Ukraine could happen in just a few days.

The U.S. now estimates up to 190,000 forces are positioned near the border, but that includes tens of thousands of pro-Russian separatists in the Donbass region of Ukraine already.

[14:10:07]

And this massive military buildup confirms U.S. doubts that Russia is de-escalating the crisis. And, Ukraine said there are surging cease- fire violations in the eastern part of the country.

Minutes from now, President Biden will hold a call with European and NATO allies. And then, later today, he will again speak to the nation about the crisis.

CNN's Erin Burnett joins us live from Lviv, Ukraine.

Erin, U.S. officials say that this -- the assessment is bleak as it relates to the likelihood of a Russian invasion. How are Ukrainian officials reacting to this latest intelligence?

ERIN BURNETT, CNN HOST: Well, obviously, they have been in close contact.

I will tell you one thing you haven't been hearing, Victor, is what you obviously know we have been hearing for the past month, which is, when the U.S. says imminent, Ukraine says, not so fast. We're not hearing that same pushback from the Ukrainian government tonight.

We do understand that there's a security briefing going on from Ukrainian security officials ongoing, which we are monitoring right now. But I can tell you right now Ukrainian officials at this point deny any plans for any military action. And this comes in spite of what they say, Victor, referring to what you just said in terms of cease-fire violations in those separatists areas of Eastern Ukraine.

They say there were 52 such violations of the cease-fire today. That's the Ukrainian count. But, obviously, you see that happening there, still, though -- and this is important -- no response, no escalation from the Ukrainian military at this point, as we await that crucial phone call that President Biden will have in just a few moments with NATO and other allies.

BLACKWELL: Erin, what do we know about these incidents in Donetsk in the eastern region of Ukraine? The report of a vehicle being blown up near government headquarters, what do we know about that?

BURNETT: So, as in all of these things, I think the answer is, we know enough, but not enough.

So, what we do know is that there was a car bomb, a vehicle explosion outside the government headquarters of the self-declared Republic of Donetsk, in the city of Donetsk. That's what we do know.

We do know that the State Department said that this is a false flag, classic Russian operation. And we also know that the Russian response to it thus far from the self-declared leader of that separatist region was to tell Russians there, you need to evacuate. You need to get out.

That, of course, is -- if you're in Russia, that's what you're hearing, right, that there's been an incident in Donetsk, and Russian citizens need to evacuate women and children specifically and go home. So, that's what we understand about that.

But, as usual, with anything in there, who did what to whom at what time, there are uncertainties there, but the U.S. government very clear that this is exactly the sort of false flag operation that Secretary Blinken warned yesterday the Russians would conduct as a pretext for a -- some sort of an invasion.

BLACKWELL: Let's talk about Russian troop numbers. An estimate from the U.S. is now 190,000, but that includes the Russian troops around Ukraine and also those troops in the Donbass region as well. We heard from the mayor of Kyiv, we heard from other Ukrainian officials that they need more help.

What are they asking for?

BURNETT: So, they have consistently said this. And, as you know, Victor, the U.S. has put all sorts of support in, whether it be Javelins and other defensive military items, but they have continually said here in Ukraine they want more.

Now, notably, it's been a few days since you have had one of those big military shipments come in. Halting those had been a key request of Putin in his request to the United States. But what they do say they need right now, the mayor of Kyiv just speaking to Secretary Blinken and the German foreign minister, very clear that they need more defensive weapons.

That's what the mayor of Kyiv said. And this comes on top of what they have already said, as you know, Victor, that they desperately need, that they need mass construction equipment, bulldozers in case of attack, communications equipment, all sorts of medical supplies. And, perhaps most disturbingly, they say they need machines to detect radiation and chemical attacks, which now we have to contextualize that request with what Secretary Blinken said, right, which is that it's very possible that the Russians, as a false flag attack, could stage a fake or real chemical attack to blame on the Ukrainians as a pretext for invasion.

So, in that context, requesting that equipment is sobering, indeed. BLACKWELL: All right, Erin Burnett with some crucial reporting from

Lviv there in Ukraine.

Thank you, Erin.

Again, minutes from now, President Biden is expected to speak with NATO allies about Ukraine.

Also, CNN is learning that U.S. agencies are now prepping big banks here for potential Russian cyberattacks. We have new details.

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[14:19:15]

BLACKWELL: Well, soon, President Biden is expected to speak with NATO allies about the growing crisis between Russia and Ukraine.

Now, after the call, the president will again speak to the nation around 4:00 p.m. Eastern today.

CNN's Phil Mattingly is at the White House.

Phil, what are we expecting to hear from the president today?

PHIL MATTINGLY, CNN SENIOR WHITE HOUSE CORRESPONDENT: You know, the expectation, Victor, is that the president will give another update on where things stand.

Obviously, this has been fast-moving and fluid and, in large part, filled with misinformation that we have seen from the Russians over the course of the last several days. So, the president will kind of lay out what the current state of play is.

He will also kind of let the American people know how the call with transatlantic leaders went. As you noted, that is a critical call that's coming at a significantly critical time. But I think the interesting element from the president as well will be how he echoes what we have seen from his top officials over the course of the last 24 hours.

[14:20:04]

It has been dramatic, the willingness from the secretary of state, secretary of defense, Vice President Kamala Harris, who's at the Munich Security Conference, to lay out in detail why they believe the Russians are lying when they talk about withdrawing troops or de- escalation, lay out in detail what an attack would look like and entail, should it be launched in the coming days.

The president has alluded to that, may go into more detail today as well. And, Victor, all of this underscores what is a very palpable sense of concern right now inside the -- with U.S. officials and inside the administration.

And it's something that's been underscored by the preparation that's been going on behind the scenes. Over the course of the last several months, pretty much every agency on the national security side in government has been meeting on a regular basis to plan for a potential invasion.

And one of the biggest concerns, the biggest risks is when it comes to cybersecurity. Now, the Treasury Department, the National Security Council, the FBI, other agencies on the national security front have been meeting regularly with critical infrastructure representatives in the private sector and also financial services sector.

The Treasury Department held a meeting with some of the largest banks yesterday, as they continue to prepare, not just for what may come if the United States and its allies have to deploy a significant sanctions package in the wake of an invasion, but what retaliation may look like from the Russians, concerns that the Russians may target some of the U.S. critical infrastructure.

So, a lot of preparation going on, not just the public statements, not just the potential for sanctions, but preparation going on behind the scenes as well for what may happen next, Victor.

BLACKWELL: Phil Mattingly for us at the White House.

Thank you, Phil.

Evelyn Farkas is a former deputy assistant secretary for defense for Russia -- of defense for Russia, Ukraine and Eurasia. We're also joined by retired Army Major General James "Spider" Marks, a CNN military analyst.

Welcome to you both.

General, let me start with you.

This latest U.S. intel is that -- the assessment is that it's bleak, that Russia continues to prepare for an invasion. However, it says that Putin has not yet made the decision. What are the indicators here that this is going anywhere other than across that border? Do you believe it's still a question of if, and not just when?

BRIG. GEN. JAMES "SPIDER" MARKS (RET.), CNN MILITARY ANALYST: I do.

I mean, to answer your question directly, what are the indicators that Putin would pull back, and they don't exist. All the indicators, the indications and warning, that matrix of intelligence that's collected, the amount of warning time you would need if something were to be initiated, what would precipitate all of that, is right now very unknown.

The intentions remain in Putin's head, and he can change his intentions in a heartbeat. The capabilities, on the other hand, Victor, as we have been watching over the course of weeks and months, remain incredibly significant. He could launch an attack immediately, with no degradation in terms of momentum.

And whatever objectives, whether those are limited objectives, tactically defined, he has the ability to go grab those things, quite frankly, immediately.

BLACKWELL: Evelyn, let me ask you this.

Secretary Blinken asked the Russian foreign minister to meet him in Geneva a week from today to continue talks, if there is no attack. These two sides have not moved for months. What is there -- what is the plausible progress that can be made a week from today, considering what we're seeing hour by hour that's changing?

EVELYN FARKAS, FORMER DEFENSE DEPARTMENT OFFICIAL: Well, I mean, I think, Victor, what the U.S. administration is hoping, that Russia is seeing the resolve every day that the transatlantic community is showing, so the U.S. and European allies, but also the fact that the U.S. went to the United Nations and is making now global case.

And, of course, hopefully, that his advisers are listening as well, and they're understanding that, within Ukraine, there's a lot of resolve, and this will be really painful for Russia if they proceed, not just when it comes to sanctions, but in terms of Russian lives.

So I think the message has to be repeated to somehow get through to Vladimir Putin, because nobody really knows who he listens to or how many people he really sees regularly.

BLACKWELL: General, today, the mayor of Kyiv, at the security conference in Munich asked the U.S., asked Germany for more assistance, in addition to the $650 million in weapons aid from the U.S. already. He said that we need right now defense weapons.

Should there be more deployments of resources to Ukraine, and what should they get?

MARKS: Well, it's a little late.

These kinds of discussions no doubt have taken place over the course of months, but we haven't been able to really see those. Those have been over the horizon are buried under more exigent kind of stories that are wrapped around all of this.

But, clearly, the request for additional military kit, which includes a whole host of capabilities, primarily stuff that they don't have in sufficient numbers right now, air defense capabilities, anti-tank capabilities, mobility and countermobility, engineering, barrier-type materials, if they don't have that in sufficient detail.

[14:25:15]

And it's little bit late also, when you look at that laundry list, to ask for chemical, biological, nuclear kind of detection and remediation.

They certainly need this capability. But, again, what the relationship is between the United States and other NATO partners with a non-NATO partner kind of falls into the Partnership for Peace, kind of a loose arrangement of, we want to be a partner, and we're here to help, and we will help you professionalize, but we don't have a very clear path in terms of your capabilities mounted up against our capabilities in the standard that's expected in terms of compatibility among all those NATO members.

Ukraine is not a NATO member. They're not at that standard. And so they're falling short.

BLACKWELL: Evelyn, this detail that we received from Ukraine, the acting head of Russia's Ministry of Emergency Situations is flying residents of the Donbass region out of Ukraine into Russia, providing accommodations for these would-be refugees, giving them 10,000 rubles, which is equivalent to $130.

What's the play here?

FARKAS: Yes, I mean, it looks to me like they are removing people that they don't want to die, because they are considered supportive, from the battlefield before they launch an attack.

And, frankly, Victor, I have always thought the most likely, least risky option for Vladimir Putin, if he's going to pick a military option, is to go into that region where he already has Russian forces, mainly special forces. But he could go in there and also use the separatists, who are Ukrainians, but supporting Russia, and seize more territory and take more direct control.

He could use that as leverage and also test the resolve of Ukraine and the international community.

BLACKWELL: General, last question to you.

The Ukrainian president is getting on a plane tomorrow. He's leaving the country to go to Munich to attend the security council -- security conference, speak with Vice President Harris, among others. '

This seems like the wrong time to leave your country, if there's a potential invasion coming in days.

MARKS: Bad idea. Big-time bad idea. He needs somebody to pull on his shirttail and say, hey, brother, don't go anywhere. We need you here. Look, we need your guidance, and we need your confidence.

We need you to be standing firm. And if things go sideways, we want you smack-dab in the middle of this. We don't need you heading off to Munich to go eat some brat and some brew with Vice President Harris.

Not trying to be facetious. We need him to stick around and lead.

BLACKWELL: Yes, also could be an option for Putin to exploit that absence.

Major General Spider Marks, Evelyn Farkas, thank you both.

So, the latest step in the escalating feud between House Minority Leader Kevin McCarthy and Congresswoman Liz Cheney, we're seeing it now. McCarthy has officially endorsed Cheney's pro-Trump primary opponent. And former Vice President Pence is defending the RNC, even after it voted to censure Cheney and Congressman Adam Kinzinger because of their roles in the January 6 Committee.

We have got more on this GOP divide. That's next.

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