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Prosecution's First Witness Takes Stand in Alex Murdaugh Murder Trial; Florida Teachers Closing Libraries, Covering Books to Comply With Law; Officials Say, Russian Missile Strikes Kill 11 People Across Ukraine. Aired 10:30-11a ET

Aired January 26, 2023 - 10:30   ET

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

[10:30:01]

DIANNE GALLAGHER, CNN NATIONAL CORRESPONDENT: Right now, we've been going through that video piece by piece, stopping and starting, having Sergeant Green sort of narrate that. He was the first emergency responder on scene. We are hearing Alex Murdaugh's voice as he's explaining the situation to the sergeant.

At one point, he does ask him if he's seen them, once emergency responders arrived, if they have checked on his wife, Maggie and son, Paul, Murdaugh asked if they are dead, the sergeant informed him yes. He's asked if that was something on the stand, if it was obvious, and he said any reasonable person would have known that the two of them were deceased because of the nature of their wounds, both of them being shot in the head at the time. He has described, again, the gruesome scene that is there.

We are not getting a chance to view this video because of what it contains and how graphic it is. But again, Jim and Erica, watching Alex Murdaugh watch this, he is an attorney and he does know the jury is likely watching him as well as this plays out.

JIM SCIUTTO, CNN ANCHOR: Goodness. Quite a few moments in this trial, Dianne Gallagher, and it is early too, thanks so much.

With us now, Misty Marris, she's a defense and trial attorney watching this case closely. Misty, good to have you on this morning.

MISTY MARRIS, DEFENSE AND TRIAL ATTORNEY: Thank you so much, Jim.

SCIUTTO: It is early in this trial. It is a jury trial. How does a jury react to seeing a defendant break down like that as we saw Murdaugh there see the police cam of the crime scene?

MARRIS: Yes, it is a great question, because in reality, the jury is always watching. Remember that they are people sitting there. Now, they're seeing this body cam video. We know that the scene was horrific. Both sides said that yesterday in opening statements. They warned the jury. You're going to see some terrible, disturbing and horrific images.

And now the jury is absolutely going to be watching Murdaugh and how he reacts to this. And he's sitting at the table and he's having an emotional reaction, which, quite frankly, is what you would expect from somebody reliving this night.

And so I do think the jury is watching closely, scrutinizing. We talk about this all of the time. The jury is super observant, they're always paying attention.

ERICA HILL, CNN ANCHOR: : It is interesting too that Dianne pointed out, this is the reaction, and as you said, Misty, that you would anticipate from someone as this scene is being replayed, as they're reliving it. But interesting that the sergeant, Sergeant Green, who is on the stand, that he was describing a different interaction in those moments, perhaps not as emotional as what we're seeing in the courtroom today. How important is that?

MARRIS: Yes, it is very important. These moments after and his first interaction with the first responders, that is going to be heavily scrutinized. And we know yesterday from the prosecution's opening statement, a lot of their case is going to be built around what we see on this body cam video. Remember, Murdaugh is under no obligation to testify and, in my opinion, likely will not. This is the jury's opportunity to hear from him in the aftermath of this horrific murder.

So, it is going to be incredibly important. They're going to be looking at this to see consistency. They've already been keyed into that from the prosecutors yesterday. So, it certainly is something that they're going to be looking at. And this body cam footage, this is really, really critical to the case, and his demeanor after the fact, all of that is going to be a huge component of the jury's deliberation.

SCIUTTO: It is a big question to ask, but you've been involved in a lot of cases. It is early in the trial. You're aware of the evidence as we know it, so far. Who has the advantage here, in your view?

MARRIS: Yes. It's really hard to tell at the outset, Jim, both sides with strong opening statements. Of course, prosecution's case, it is circumstantial. They came off the gate warning the jury that this is going to be complicated to put together. That makes a case difficult for prosecutors because they have the burden of proof. Of course, the defendants just need to raise reasonable doubt.

But a couple of themes here, a lot of this is going to battle of the experts. You can say whatever you want in your opening statement. What really comes out in the evidence? We know we're going to hear firearms expert, we know defense is going to contest the prosecution's version. The cell phone data, how strong is that expert testimony? Will we hear about these prior bad acts and financial crimes? All of this is going to be really relevant in how this trial ultimately plays out.

The opening statement, that is one piece. But what does the evidence really show? And that is what we'll be looking for as the trial unfolds.

HILL: To your point, in terms of evidence, we heard from the prosecution and the defense that cell phone evidence is going to come into play here, as that becomes more and more the norm in cases, frankly, around the world at this point in terms of evidence, how solid, typically, is cell phone evidence to try to put somebody in a location?

[10:35:01]

MARRIS: That is a great question because digital footprint is a huge part of any case, it's a big part of investigation, a big part of trial. Look, it depends on what type of cell phone evidence we're talking about. We hear about this term, pinging, right? Did the cell phone ping? Well, when a cell phone pings, that doesn't necessarily put somebody in an exact location. It puts them in the vicinity. For instance, I'm here in the CNN studio here in New York. I could be pinging down 20 blocks away. So, that is really something that can be scrutinized by the defense.

There are other types of cell phone data that is much more reliable and that is why we see these two individuals coming from Snapchat and Google in order to lay the foundation to get that evidence in. But something interesting here, it is not just cell phone data that the prosecution is focused on, it is the lack of cell phone activity. It is this timeline that puts Murdaugh in a video, his voice on the video and then five minutes later, less than five minutes later, down to the second, prosecutors said in their opening statement, there is zero cell phone activity from Paul and Maggie. So, that is going to be another component of this. What are the cell phones doing and what are the cell phones not doing at any given time?

SCIUTTO: That is something that has already come up in the case of the Idaho murders, right, prior to the murder there, where pinging of the suspect around the house where it took place. Misty Marris, thanks so much, as always.

MARRIS: Thank you.

SCIUTTO: Overseas, Russia is intensifying its attacks across Ukraine, 55 missiles launched just this morning. Up next, we'll look yet one more wave of attacks targeting civilians and civilian infrastructure just hour, not coincidentally, after the west announced it is sending tanks to Ukraine.

(COMMERCIAL BREAK)

[10:40:00]

SCIUTTO: Fear and confusion, that is what some Florida teachers are feeling in the wake of a new state law that requires approval of books in classroom libraries.

HILL: It is a move championed by Governor Ron DeSantis. The new law requires all books be preapproved or vetted by media specialist trained by Florida's Department of Education. Well, now, some teachers are taking action with reports that some are blocking access to all books after learning of the new requirement.

CNN's Leyla Santiago has more. (BEGIN VIDEOTAPE)

LEYLA SANTIAGO, CNN CORRESPONDENT (voice over): Behind the covered wall of paper in this Manatee County classroom, books. Teacher Don Falls told us he covered the book shelves out of concern for a new state law that requires all books in classroom libraries to be approved or vetted by a media specialist or librarian that is trained by the state.

DON FALLS, HISTORY TEACHER, MANATEE HIGH SCHOOL: We were instructed last week that we essentially had three choices as far as our personal libraries in our classrooms, we could remove them completely, box them up, we could cover them up with paper or some sort of something, or they could be entered into a database where the school district has all of the library books and all the other kinds of books. And if the book was in the system, then it could remain on the shelf open.

SANTIAGO: Falls, who is part of a lawsuit against Governor Ron DeSantis regarding his Stop Woke Act, says it has all caused him and other teachers much fear and angst, but the district says it never instructed teachers to shut down classroom libraries. According to the school district, volunteers will be helping to catalogue books in classroom libraries. If a book already has the green light, it can go right back on the shelf for students. But if it is not preapproved, it must be vetted before student can have access to it.

GOV. RON DESANTIS (R-FL): We are going to make sure that parents have a seat at the table and that we protect their rights, because nobody is more invested in the proper well-being of kids than the parents themselves.

SANTIAGO: According to Florida's Department of Education, selection of library materials, which includes classroom libraries, must be free of pornography and material prohibited under state statute suited to student needs and their ability to comprehend the material presented, appropriate for the grade level and age group for which the materials are used and made available. Violations can result in a third-degree felony.

CHAD CHOATE III, MANATEE SCHOOL BOARD CHAIR: This is us protecting the teachers not saying we're banning books.

SANTIAGO: During a school board meeting this week, Manatee County School officials acknowledged they don't know how long it will take to verify all the books. In the meantime, the district said students have access to books in their school's main library. But the process has sparked confusion and high emotion.

UNIDENTIFIED FEMALE: I would not suggest banning books. It's a slippery slope. This is good literature with value. Please do not ban books.

SANTIAGO: During a school board meeting in Pinellas County, school officials confirm they too are working to align policies with state requirements. School officials say a group of library media specialists reviewed 94 book titles over the summer. DR. DANIEL J. EVANS, MANATEE COUNTY DEPUTY SUPERINTENDENT OF INSTRUCTIONAL SERVICE: And that team recommended ten titles to be weeded out of our collections or moved to our adult-only resource library.

PAM MCALOON, PARENT: There's appropriateness and there's inappropriateness.

Where books are concerned, we have to really keep the minors in mind.

You cannot substitute adult supervision. You just cannot. Adult supervision, parents, whether it be a guardian, a grandparent have to be aware of what the child is being taught.

[10:45:04]

SANTIAGO: While some parents praise what they call parents rights at work, others worry it's a slippery slope.

FALLS: Any time you restrict access to information, to knowledge, it's censorship. I don't think there's any other way to categorize it.

(END VIDEOTAPE)

SANTIAGO (on camera): And, you know, in that Pinellas School Board meeting, that's at St. Petersburg area, they made it clear that there could be more additional titles removed as they continue with this vetting process and also made it clear that they will always err on the side of caution.

Another thing that the school board member brought up as a concern and a challenge, defining what is age appropriateness as they vet these books. I reached out to the governor's office as well as the Department of Education to see that clarity and I still have not received a response.

HILL: Yes. That clarity is something that is lacking. It is fascinating and it is frightening on a number of levels. It reminds me of a great book for young readers by Alan Gratz called, Ban This Book, which has a pretty interesting message. Leyla, I appreciate the great reporting, as always. Thank you.

SCIUTTO: That sounds a lot like book banning.

HILL: Yes. Still to come here, massive deadly Russian airstrikes against Ukraine just hours after the U.S. and western allies announce they're sending tanks to the Ukraine frontlines.

(COMMERCIAL BREAK)

[10:50:00]

HILL: This morning, at least 11 people have been killed in the latest round of Russian missile attacks on Ukraine. Ukrainian officials say Russia targeted energy facilities with 55 missiles overnight. SCIUTTO: These strikes come after the U.S. and several European allies vowed to send dozens of advanced tanks to Ukraine, something Ukraine has been asking for for months. Now, we are hearing that President Biden is considering a trip to Europe to mark the one-year anniversary of the invasion.

Joining us now to discuss, retired Major General James Spider Marks. General, good to have you on this morning.

So, we had General Petraeus on last hour. He, among others, says, tanks are the right weapon, it's the right time for Ukraine, they need it for combined forces. I have spoken to others who are concerned that Ukraine doesn't really have the depths to fight a tank-led war in the east there. And I wonder where you come down on that.

MAJ. GEN. JAMES SPIDER MARKS (RET.), CNN MILITARY ANALYST: Well, Jim, I am absolutely of the opinion that the tanks are right piece of kit to be used in this type of terrain, and the hesitation clearly -- around the logistics and the maintenance and sustain --

SCIUTTO: A little choppy signal there. Let's see if it recovers.

HILL: It was interesting in your conversation, though, earlier, Jim -- do we have --

SCIUTTO: Apologies. Technology gets in the way. We'll try to get General Spider Marks back to that conversation.

We do have other news we're following this morning, a wild police chase involving a stolen car and a terrified woman trapped in the backseat as it was happening, all caught on camera. A New York man is accused of stealing the car from a gas station with the victim asleep in the backseat. Once awake, she called 911 from inside the vehicle.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: No, no, I'm not -- because I'm really scared. You know you should get back. Please, now.

UNIDENTIFIED MALE: I will. Okay. I'm going back.

UNIDENTIFIED FEMALE: No, you are not.

UNIDENTIFIED MALE: I'm turning around.

UNIDENTIFIED FEMALE: No, you're not turning around.

(END VIDEO CLIP)

HILL: It's just wild, the victims and the suspect, Kyle Michael Wagner, told her, people wanted to kill him, so he was actually saving her.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Why you take the car from the gas station? UNIDENTIFIED MALE: Because they're following us.

UNIDENTIFIED MALE: They're following us, my husband. Of course, it's my car.

(END VIDEO CLIP)

HILL: Well, dash cam shows the 51-year-old driving erratically before a state patrol sent the car to a guard rail. The unidentified woman was rescued unharmed. Wagner was arrested. He said used fentanyl and meth on that day and is now scheduled to appear in court, February 28th.

SCIUTTO: Goodness. Glad she's safe, yes.

HILL: Exactly.

And this bizarre story out of Michigan, where state police fatally shot a man after he allegedly shined a laser at a police helicopter in Detroit. This happened on Tuesday night.

(BEGIN VIDEO CLIP)

LT. MICHAEL SHAW, MICHIGAN STATE POLICE: Trooper 2 is on patrol over this neighborhood here when they started getting laser light that was shining into the cockpit from one of the homes on Terry Street.

(END VIDEO CLIP)

HILL: Well, police say, as they searched for the location of that laser, the man emerged from the home, engaged in a gunfight with officers both on the ground and in the chopper, allegedly firing multiple shots. He was killed when police returned fire. According to officials, they also discovered a cache of weapons and ammunition inside his home.

SCIUTTO: All right. We have an update with Attorney General Merrick Garland making an announcement from the Department of Justice there. You see Lisa Monaco and Chris Wray, FBI director there as well. Let's listen in.

REPORTER: -- in light of the revelations, the former president, the current president and former vice president having classified documents. Is the Justice Department urging other former White House officials or high-ranking intelligence officials to go back protectively to review their own files just as a precaution to see if they may accidentally have retained any material?

[10:55:07]

MERRICK GARLAND, ATTORNEY GENERAL: So, I'm not going to be able to talk about the latter question. On the former question, I'll give a start and then I'll turn it over to the director.

So, I think as you can hear from the various statements that we've made, this really has proceeded in three steps. We begin with cooperation from private sector victims, which is essential for us to succeed. Then we use court-authorized access to electronic systems, search warrants, court orders to get into the system. This is not exactly hiding in plain sight. This is just hiding. And we hide and we watch as they proceed with their attacks. And we discover the keys and we deliver the keys to the victims so that they can encrypt their systems and not have to pay the ransomware.

And then, finally, and this is what happened last night, we take down the infrastructure. We take down the servers that power Hive's ability to go ahead. And we could only do that once we locate where the servers and that is what we were able to do just very, very recently and resolved the matter last night. I'm going to turn it over to Chris.

CHRISTOPHER WRAY, FBI DIRECTOR: So, I don't think I can give you numbers on the size but I would say a couple of things. Obviously, you can look at the sheer number of victims around the world and around the country, the diversity of victims, both big businesses and small, the number of foreign partners involved.

The thing to understand about ransomware, variance, networks like Hive, is you have got the developers who create the malware and the administrators, which sounds benign but it's actually I think almost like the hub of the -- of the variant, and then all of the affiliates. And part of what makes these things challenging is, and Hive is a good example of it, is what we call ransomware as a service, or cybercrime as a service, where essentially the sophistication that those first groups have, essentially they're marketing their cyber expertise to a whole range of less sophisticated but now suddenly dangerous cyber criminals. And that is why this is so significant.

As far as arrests, I think anybody involved with Hive should be concerned because this investigation is very much still ongoing. And we are engaged in what we call joint sequenced operations. The attorney general described it well. But that includes everything from going after their infrastructure, going after their crypto, going after the people who work with them, here, getting the keys and making those available. But it also includes hunting people down with our partners around the world. And sometimes those people may face a U.S. criminal justice system and sometimes they may face charges with all of our many partners who are increasingly latched up with us.

REPORTER: Thank you for doing this. A question on Hive and then off the top question for you, Mr. Attorney General. On Hive, what is the connection to the Russian government at this point with regard to Hive? Do you believe that the Russian government is aiding or sheltering people behind Hive?

And I noticed that there weren't any arrests being announced today. Do you anticipate that you will be announcing arrests with regard to that? Then I have the off-topic question.

GARLAND: Yes. So, I think, unfortunately, on that topic, we're in the middle of an ongoing investigation, so I don't think we are going to be able to discuss any of the particulars of the question that you asked. I'm a little afraid that is going to be the answer to your second question as well. But go ahead.

REPORTER: I just wanted to ask you with regard to the Trump and Biden special counsels, are you considering an effort to coordinate the work of these two special counsels such as maybe their timeline or their final reports so the public could have somewhat of an apples-to-apples comparison at the end of this or do you view that as interference in the special counsel's work?

GARLAND: I don't want to talk about particulars of investigations, and particularly not a special counsel investigation. As a general manner, the people we choose for special counsel are experienced prosecutors with experience in the Justice Department. They know how the Justice Department works. They know what the department's practices are. And I'm fully confident that they will resolve these matters one way or the other in the highest traditions of the department.

REPORTER: For Director Wray, could you talk about how unusual this sort of operation is? Has the FBI ever before penetrated a ransomware network to this extent where (INAUDIBLE) will provide the keys? And then second off-topic --

HILL: So, we've been listening to this, of course, Jim, was an announcement about this ransomware gang and we shared some of that news earlier with our own Evan Perez.

[11:00:03]

What's interesting is there was more than one effort there to ask some questions about these classified documents that have been found.