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Doctors Preparing for Potentially Rough Flu Season; CNN's Tapper Re-Examines Teen's Conviction for Attempted Murder; Legal Setback for Special Counsel John Durham. Aired 3:30-4p ET

Aired October 14, 2022 - 15:30   ET

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

[15:30:00]

VICTOR BLACKWELL, CNN HOST: U.S. health officials say the flu is gathering speed across the country and spreading earlier than usual.

ERICA HILL, CNN HOST: In Southern California, one San Diego high school says about a thousand students were out this week possibly with the flu. That's a whole lot of flu. Public health officials there are investigating. CNN health reporter Jacqueline Howard joining us now with more on these growing concerns about the flu season itself.

[15:35:00]

So, I mean, the San Diego high school sounds like one thing but is that an issue that we're seeing on the ground across the country?

JACQUELINE HOWARD, CNN HEALTH REPORTER: Well, Erica, CDC officials just earlier this afternoon released a report on what they are seeing on the ground and they report that we are seeing early increases in flu right now. Specifically, a lot of that is happening in the southeast and south central regions of the country. And while we haven't heard of many schools reporting these large outbreaks quite yet, health officials are bracing for that possibility.

The reason why -- two reasons why we're seeing an increase in flu. Number one because we've rolled back the COVID measures like masking and social distancing, that also works against flu so that's one reason. And then number two, because the past two flu seasons were very mild, some experts think right now our immunity is low.

If you look at the past seasons, here is some numbers. In 2019 when you looked at the percentage of patients who were sick with respiratory symptoms how many of them actually tested positive for flu before COVID in 2019, that percentage was 3.1 percent. Then it dropped to 0.2 percent in 2020, 0.1 percent in 2021. Now, just this month, we're back at 3.3 percent. And if you think back to pre-COVID in 2019, there were some school closures due to flu. And so again, that's why officials right now are bracing for what's to come.

BLACKWELL: All right, Jackelyn Howard, thank you.

HILL: A Philadelphia teen was shot while riding his bike. Just days later he was arrested for attempted murder. Was it possible for the injured teen to even commit that crime? His doctor doesn't think so. So, who is that doctor? None other than our own Jake Tapper's dad. Jake is going to join us with more on this story next.

[15:40:00]

(COMMERCIAL BREAK)

HILL: "The Atlantic's" November cover story is by CNN's Jake Tapper and it details the story of CJ Rice, a patient of Jake's father. Rice was convicted of attempted murder in 2013.

BLACKWELL: Jake revisits the police investigation of the events 17- year-old black teen from Philadelphia and also the trial. Focusing on the legal representation available to Rice, which was inadequate at best and at worst, case study in Incompetent legal practice. Jake joins us now. Jake, first, between those two, you know having read this article Incompetence or inadequacy here.

JAKE TAPPER, CNN CHIEF WASHINGTON CORRESPONDENT: I mean, she -- look, I can't speak to Sanjay Weaver as an attorney in general. I don't know her. She's not alive anymore. And I'm not familiar with other cases. All I know is this case and I can tell you that there were -- it was just instant after instant where she just failed to provide basic lawyering, basic defense skills.

Her client, CJ Rice was 17. She didn't even move to have the case heard in a juvenile court. She didn't apparently visit the crime scene. She didn't poke holes and the only evidence against CJ, which was one witness who had previously said three times she had no idea who did it and then changed her mind the next day and said CJ did it after the police got a tip that he did. Didn't even point that out. Just instant after instant.

Now, my dad testified at the trial and he said for the first time in his entire career, and he's a doctor, so he is testified in cases before, he never met the attorney until he basically he was on the stand. And she that failed to ask basic questions that would elicit the answers that could have a defense for him, mainly, that my dad said CJ could barely walk at the time of the shooting, much less run.

HILL: So, take us back, Jake, walk us back. Where your dad met him, when your dad treated him, what your dad noticed and why to your point your dad said he wouldn't have been able to walk at that point.

TAPPER: So, my dad had been his pediatrician for his whole life. And so, he'd been seeing him forever when he was -- in September 20th, I think it was, 2011, CJ came in. He had been shot three weeks before. CJ said it was a case of mistaken identity but whatever the reason, CJ had bullets in him. He had about three dozen or so staples up and down his chest and my dad said that he could barely walk. He was shuffling around like a sick 100-year-old man, could barely stand, could barely move around, could barely get on the examination table. So, he was stunned five days later to hear that CJ was named as a suspect in a shooting where the assailants ran. And my dad said it just wasn't possible for that to have happened. And then because Sanjay Weaver was such an Incompetent attorney, CJ's

co-defendant was acquitted but CJ was found guilty and sentenced to 30 to 60 years for attempted murder. Nobody was even seriously injured in the shooting much less killed but he's now in prison and my dad has been trying to get the appeals process going and the like.

[15:45:00]

But you know, the judicial system in our country protects itself. It's very difficult to get anything overturned especially for, you know, the basic idea that he did not have adequate counsel. Because in this country, the Sixth Amendment is a joke. I mean, you can be a drunk. You can be asleep. You can be mentally Incompetent, you can be disbarred and our judicial system does not consider you to be inadequate. So, that's when he asked if I would take -- if I would examine what happened and investigate.

BLACKWELL: A step by step as you read through this starting with the identification of him, the photo array. The officers who knew who they wanted to be identified are the people at that time who were showing the photograph to the eyewitness and you go on and on and all of the landmarks in this case just did not serve this young man well at all. Jake, I thank you for bringing us this story.

TAPPER: No problem. Thank you for having it. To make the point I make at the end, there is no way under the same exact circumstances that the Philadelphia police would have arrested me for the exact same crime. No way. And if they had, I would have been able to afford a lawyer that would have had this case thrown out of court. It's that simple.

HILL: Yes, it further highlights the issue that so many people are facing on a daily basis. Jake, thank you. And a reminder, the cover story in "The Atlantic" right now for November. And be sure to tune in tonight, 9:00 p.m. "CNN TONIGHT WITH JAKE TAPPER." Jake's going to sit down with an Iran born actress Nazanin Boniadi. Who just met with Vice President Harris about the protests in Iran. You can see that interview tonight 9:00 p.m. right here on CNN.

BLACKWELL: We're watching the Dow right now, here is a big board. The Dow down 330 or so points, another volatile day of trading after more signs inflation is hitting Americans hard. We'll get into it. Stay with us.

[15:50:00]

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HILL: A judge has thrown out one of the five charges against a man who is the primary source of the infamous Trump Russia dossier. That man is now on trial. The investigation against him, of course, has been led by special counsel John Durham.

CNN's Evan Perez joins us now. So, Evan, this is a major setback for the Durham investigation. Tell us about what's been thrown out. EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: That's right, Victor.

This has been an investigation that obviously going on for three years now. And Igor Danchenko, who is a Russian analyst, who was apparently one of the prime sources for Christopher Steele's dossier, which had these allegations against the former president, Donald Trump.

The judge today, Anthony Trenga, decided that at least one of those counts did not need to go to the jury. He said that Durham's case was too weak. He said that on this one count, which related to a conversation that Danchenko apparently had with a DNC -- with a Democratic operative -- that his answer to the FBI was, quote, literally true. So, he threw that count out. Danchenko still facing four additional counts.

And as you pointed out, this is a setback for Durham. He's been going at this for three years. This was the much ballyhooed investigation of the investigators. The former president, Attorney General Bill Barr at the time, appointed him, expecting great things to try to figure out, you know, where the FBI and where the deep state, so to speak, was going after the former president, Donald Trump.

And at the end of this, all Durham has to show for it is one conviction, a guilty plea of a former FBI lawyer, who made some -- who lied on a FISA application. He also brought charges against a lawyer for the Democratic National Committee. That case fell apart and he was found not guilty.

So, at this point, we expect Durham, whenever this case wraps up -- probably on Monday. We expect that Durham is going to complete his report and we'll see what allegations he turns up as part of his three-year investigation -- Victor, Erica.

BLACKWELL: All right, Evan Perez for us there in Washington. Evan, thank you.

HILL: Former President Donald Trump responding to the January 6th committee's vote to subpoena him. What did he say? Will he comply? Stay with us.

[15:55:00]

(COMMERCIAL BREAK)

HILL: Anti-Asian hate crimes are surging in the U.S. This week CNN hero, Michelle Tran, a Chinese and Vietnamese American, jumped into action to protect her community.

BLACKWELL: Her nonprofit Soar Over Hate has provided more than 30,000 personal safety devices, as well as self-defense classes to Asian Americans.

(BEGIN VIDEOTAPE)

MICHELLE TRAN, CO-FOUNDED SOAR OVER HATE (voice over): The day of our distribution, the lines have past four blocks around the neighborhood where people waited almost two hours to obtain a personal safety device from us.

TRAN: To make the noise, you pull out the pin and it scares people away and it alerts people around you.

TRAN (voice over): It was simultaneously heartbreaking, but also motivating to see so many people come out. I think it highlighted the need and the fears that many folks like me are experiencing right now.

UNIDENTIFIED FEMALE: Thank you so much.

UNIDENTIFIED FEMALE: Thank you so much.

TRAN: Stay safe, bye.

TRAN (voice over): I hope that our work helps save lives. That's our only hope moving forward.

(END VIDEOTAPE)

BLACKWELL: Good work. To learn more about Michelle Tran and her organization, go to CNNheroes.com.

Monthly retail sales data released today shows that Americans are pulling back a little bit on spending.

HILL: That's just one of the economic indicators rocking Wall Street this week. CNN's Rahel Solomon joins us now. So, OK first, let's tack this will new retail data.

RAHEL SOLOMON, CNN BUSINESS CORRESPONDENT: Yes, I mean, it was a rocky week and today was no exception. So, we got retail sales data today. It's a monthly look from the government on how Americans are shopping. And what we saw is that Americans continue to pull back on their spending. So, September retail sells were essentially flat. When you look, however, under the hood of that number and look to see where Americans are really pulling back on their spending, it's discretionary categories like electronics, appliances, furniture.

It did however see some gains, which was surprising, in categories like clothing, apparel, and also restaurants and bars. But guys, you know, this comes in a week when we got higher than expected inflation reports, the PPI and the CPI -- producer inflation and consumer inflation. And that really led to the markets doing some wild swings. We saw the Dow yesterday dropped 500 points and then and 800 points higher. And the truth moving forward, Goldman Sachs put it in a note this morning essentially saying, until we start to get some clarity-- and you can see the Dow now off about 1.4 percent, or 400 points -- Goldman Sachs putting out a note this morning saying until we start to get some clarity on the inflation front -- which we don't have -- we're going to continue to be in this volatile space for stocks. So, buckle up.

BLACKWELL: A lot of these variables are conflicting in some way.

SOLOMON: Well, the jobs market is absolutely strong, right, so that's sort of great news for the economy. [16:00:00]

Americans can still spend and they are, but they're pulling back because inflation is still at 8.2 percent. And so, people are feeling that squeeze.

HILL: That and I think people feel the uncertainty, too, right. There's this concern of, I don't know what's coming next.

SOLOMON: Right and especially when you look at your stock -- your portfolio.

HILL: Oh, I'm not looking at that. No, not looking at that 401(k).

BLACKWELL: Rahel Solomon, thank you.

And "THE LEAD" starts right now.