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Memphis Will Release Arrest Video After 6PM CT Friday; 5 Former Memphis Officers Charged With Murder In Nichols Death; Jury Finds Suspect In 2017 Terror Attack Guilty On All Counts. Aired 3:30-4p ET

Aired January 26, 2023 - 15:30   ET

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

[15:30:00]

DON LEMON, CNN HOST: Who do they carry? What are they facing here?

JOEY JACKSON, CNN LEGAL ANALYST: Yes, so, a few things that are very significant, Don, Sara. The first of which is they charged this after evaluating the video and making a determination that all of them should be charged with the same thing.

Why is that relevant? It's relevant because defense attorneys commonly argue that mere presence is not enough, and that's the law. In the event that you're simply there, but not engaging in anything to further the course of conduct, it doesn't constitute a crime.

Why is that significant? It's significant because it then would demonstrate that upon an evaluation of that video tape that all of those parties charged were active participants with respect to the underlying crime. That is very important because it also goes to the issue of whether or not they acted, they didn't act, they had a duty to intervene. They didn't do that. So, we could only -- without having seen the video tape -- imagine the significance of five officers engaging in this level of just, you know, oppression, of an individual who now no longer is with us due to the conduct.

To your question, when you look at the first charge, Don, as it relates to the murder, I'm sure a lot of people are wondering. First degree, second degree, what's the distinction? There's two distinctions. The first distinction is the distinction in terms of the level of intent. If you charge first degree murder, the prosecutor then has to demonstrate you acted premeditate. Second degree murder on the other hand, you simply have to demonstrate that it was a knowing killing as you heard the prosecutor say.

What does that mean? It means you have to appreciate and know that the nature of your conduct could cause a death. And so the prosecution will argue that you can't tell me in looking at the video, the prosecution I'm sure will say, as a result of your conduct that you cannot appreciate that someone might die as a result. Very important, right?

Now you look to the punishment. If it were a first degree murder charge it's life, or life without parole. Second degree murder charge, you're looking at 15 to 60 years under the Tennessee statutes. And then of course, as the prosecutor spoke, Don, to the other charges relating to the not only assault, but the aggravated nature of the prosecutor himself saying, hey, you know what that means. And so, we can all anticipate that what we're going to see is pretty grim on the video.

And of course, when it talks to the issue of kidnapping, yes, officers may stop and detain you, Don, Sara, under the appropriate set of circumstances. Did you have reasonable suspicion? Did you have probable cause, right. We'll find out whether the stop itself was legitimate, but even if the stop is legitimate, there comes a point based upon your conduct where you can exceed that legitimacy by detaining someone unlawfully against their will. And so these charges, very significant and very important, and they can land all of these officers in jail, essentially if it's 15 to 60 years, for the rest of their natural lives.

LEMON: What do you think the -- what is the thinking behind -- I guess this is a John or Joey if you can answer it, but probably more for John, of releasing this video tape after 6:00 on a Friday.

JOHN MILLER, CNN CHIEF LAW ENFORCEMENT AND INTELLIGENCE ANALYST: So it's very contributive. The last thing you want to do is take a high tension event and then add that thing increase tension to it on a Friday night knowing that people don't have to be at work in the morning and they have the whole weekend ahead of them.

On the other hand there's a tradeoff here which is what I believe their strategy is, is to get the district attorney to show that the wheels of justice are turning and turning relatively quickly for that machine to bring the most serious charges. To bring the kind of serious charges that they can unite the faith community in Memphis, the voice of the family and the family's lawyers, and the key community contacts to spend all day, the rest of today, and tonight, and much of tomorrow saying to people, you should protest, but it should be peaceful. And we don't want to lose our city to letting this get out of hand either from outside agitators or people who don't represent the community.

SARA SIDNER, SENIOR NATIONAL CORRESPONDENT: Can I speak to that, John, because I spoke with the senior pastor at the church where Mr. Nichols will be remembered, and they will do a celebration of life, and his funeral will be there on Wednesday. And he said something similar. He said, look, I am not involved in any of this timing business, but to what he is hearing -- because he's been in situations with activists. He's been in situations with activists, the police activists and the district attorney over this case. And he's said, you know, the one thing over and over and over again the people said they needed was some accountability, and the charges were the thing that was important to them, to see charges.

LEMON: They want to see the video tape.

[15:35:00]

SIDNER: They want to see the video, but even more than that, they want to make sure that if a police officer who is supposed to be a professional, keep the peace, serve and protect, if they do something that is illegal, that they are punished for that, or at least charged with the crime like you or I or anyone else would be. And so that, he said, was extremely important to deal with the high emotions that are already here, but what you are seeing in the city now is peace.

Like there hasn't even been a protest that has broken out. People are watching. They're waiting to see what happens, and the pastor was very clear in saying, if these things exist, it will lower the chance of there being a huge response that turns violent. He says that there are activists here that are trying to prevent that from happening. They have been in talks with the D.A., trying to have transparency. The family has certainly had some transparency because they got to see the video first which is the way most families want it. So they are going to things to try and quell this explosion of emotion.

LEMON: Everything they're doing is trying to tamp down the even the possibility of violence here. So, those who have got it 100 percent right, but they're trying to.

Shimon Prokupecz who was in the room during the press conference and Shimon also reporting earlier that after this press conference from the district attorney that the officers' attorneys would also be holding a press conference, and that's coming up shortly.

SHIMON PROKUPECZ, CNN SENIOR CRIME AND JUSTICE CORRESPONDENT: Right, yes, Don. So that should be in the next hour or so. The attorneys, and I think it's, you know, it's important to hear what they have to say because it's, you know, at this point, we're hearing from every law enforcement official that, you know, this is a pretty brutal situation, and there really was no justification for this. But these two attorneys do plan to defend their client and they plan to have this press conference where they're going to take questions from the media.

You know, and on the video, I just want to make a point, it's that it's not just Memphis that is concerned about this. It's all across the country. And law enforcement is gearing up for this, and that's one of the things that I think has struck some people as odd is the fact they would be releasing this the way they're releasing it, and so late tomorrow. And we still don't know how it's going to play out.

We know that it's going to be the city and the Memphis police that are going to be ultimately releasing it. There's so concerned that the other ones going to be waiting and watching for that as this develops.

And I also just want to point out that there's so much more that we still don't know in this investigation. And while the D.A. was at the podium, he made it very clear because this is still an ongoing investigation and that other folks, other people can still face charges, there are two EMTs that were suspended and removed from duty. We don't know the status of them. But certainly as the D.A. is indicating, even to you, Don. He said that everything is still on the table here and there continuing their investigation.

So, they're being very careful about what they're releasing, but I still think more information needs to come out because there is still a lot of holes here and a lot of gaps, and I suppose once we see the video tomorrow, they'll be answered -- Don.

LEMON: And still the possibility of more charges. Shimon, thank you very much. Sara, thank you, I really appreciate all of you joining us. And Joey Jackson, and John Miller in New York.

In the meantime, I'll send it back to my colleague in New York and my colleague Victor Blackwell. Victor, we have continuing coverage here in Memphis, Tennessee. That video going to be released tomorrow after 6:00 which is surprising to many people on a Friday evening, that it would be released, and now we're getting an official word from the district attorney on the charges of these officers. They could face more, and also the two EMTs from the fire department, who are they? What were their actions or inaction in this situation? So there's a lot more to come.

VICTOR BLACKWELL, CNN HOST: Don, thank you for that coverage there in Memphis.

In just a moment, we'll talk with some city officials and try to get answers to those questions now that these five Memphis officers or former officers have been charged in the death of Tyre Nichols. I'll speak to the Memphis city council president and vice chair about the charges and the decision to release this video after dark on a Friday night. This video, so many people have been waiting for. Our coverage continues after the break.

[15:40:00]

(COMMERCIAL BREAK)

BLACKWELL: More now on our breaking news on the beating death of 29- year-old Tyre Nichols. All five former officers involved have now been charged with second-degree murder.

With me now JD Smiley Jr., vice chair of the Memphis city Council, and Martavius Jones the chairman of the Memphis city Council. Gentlemen thank you. It's been just a few minutes since the official announcement of these charges by the DA. Mr. Jones, let me start with you with your reaction to these charges of these five former officers.

MARTAVIUS JONES, CHAIRMAN, MEMPHIS CITY COUNCIL: Well, as I listen to the conversation between CNN reporters and anchors, accountability. I think that that's what this community has been asking for, and I think that the district attorney as well as those investigative bodies have delivered that. Now our next step is going to see what the -- what the video actually looks like, and we hoped that since we've delivered since our accountability that the community will accept that steps being are taken to bring justice to those individuals responsible for this act.

Mr. Smiley, there is day or more depending upon the timing of the release of the video, and we know it'll be 6:00 p.m. local time there. A day between the announcement of the charges and when everyone gets to see this video, and everything that's happened up to this point has been aimed at trying to quell any possibility of violence or vandalism and it's a reaction to what they say. What should happen, what will you be doing over this next day to continue to try to eliminate that possibility?

[15:45:00]

JB SMILEY JR., VICE CHAIR, MEMPHIS CITY COUNCIL: We're working with community leaders, I think you talk about what's transpired, what's necessary going forward as he is reaching out to the community organizers, reaching out to the past -- the preachers, at large, and that's built on faith. I think the faith-based community will have a significant impact on quelling any potential dangers of protest.

I think what you will see in Memphis, you will see protests and they will be peaceful because the Memphis police Department, the Sheriff's Department, the district attorney and the Memphis police as well as the administration have taken all the necessary steps to quell any potential of uprising.

BLACKWELL: Mr. Jones, if the goal is and as I said, it seems as if everyone is focused on this goal, knowing the descriptions of this video, is to eliminate or reduce the possibility of violence or vandalism, what's your thought on releasing this on a Friday evening when most people don't have to go to work over the weekend. How does that contribute to the goal of eliminating those possibilities?

JONES: Well -- if you go back to our city council meeting on Tuesday, we have members of the community to come down and they were asking for the release of the video. We have provided that, but in anticipation of that though, what is also taking place is that the charges have been levered against those individuals responsible. So, I guess if I were of the administration and so this was an administrative issue, not a legislative issue that the city council would have been responsible for, I probably would have done it on a different day to be honest with you.

BLACKWELL: You think you would have held it until Monday morning?

JONES: Yes.

BLACKWELL: Do you expect that these that -- these charges, the accountability that we've all been talking about will be enough, Mr. Jones, to quell the violence -- potential violence, potential vandalism?

JONES: I wasn't able to hear the district attorney's press conference from the beginning, but hearing the dialogue, I trust that you all have, you know, really are just regurgitating what he said. I feel that based upon the circumstances of this case and what would be required -- I'm not a lawyer -- and my colleague Mr. Smiley is the lawyer here -- but based upon the circumstances of this case, they need to have something that they feel they can get a conviction of, and I think that that's what they've brought before us.

BLACKWELL: Mr. Smiley, what do you think about the release of this video on a Friday night? We heard from the chairman of the council that he would have held it until Monday. Would you have?

SMILEY: Well, I actually agree with the chairman councilman Jones. But I think it still will still ultimately give the answer to our people. Which is quelling any potential violence. They brought the charges. The individuals are arrested. They are in custody. The community was very vocal in wanting to see the individuals arrested, but also the immediate release of the body cam footage. The police officers have been arrested and charged, and they will see -- and we'll the body cam footage. I think we will accomplished the goal, which is peaceful protesting of the city of Memphis.

BLACKWELL: All right, Memphis City Council Chairman Martavius Jones, Vice Chair JD Smiley Jr., thank you gentlemen.

And Don, there we have it. As we discussed this question of why release it on a Friday night, you hear from the chair and vice chair of the city Council, they said, well, they disagree with that. If it had been their decision they would've held until Monday. But of course, so many people there and around the country want to see this video.

LEMON: Well, I think it's important to get the community reaction. And so, Victor, thank you for that.

Why don't we get the community reaction from someone else here, and that is Van Turner, the president of the NAACP. Some folks on early heard the councilman saying he would have held off until Monday to release this video tape. I don't think you have the same sentiment about that.

VAN TURNER, PRESIDENT, NAACP MEMPHIS: I mean, I think you need to allow people to exercise their first amendment right. Obviously if it's over the weekend, there's probably a better chance that you can engage with more citizens. And I don't expect there to be, you know, violence because there's been transparency. The officers have been terminated, they've been charged. We know that the video will be bad. We know that there will be protests, but having citizens come out over the weekend to share their frustration with what has occurred may not be a bad idea.

LEMON: So listening to the press conference that happened earlier, everything that transpired today, how are you feeling about the situation? Obviously, it's a horrendous situation, but the handling of the situation, the way the DA's handling the situation, and the police department.

TURNER: I think it's gone well. They have been transparent.

[15:50:00]

They have not tried to cover up anything. Chief C.J. Davis has come out and said there was a failure on behalf of these officers. They didn't follow policy. They didn't follow how they were trained, and the D.A. has said that he would charge the officers and he's done so. So all the things that if you look at past cases, all the things that have led to outcry, protests, violence, disruption, you don't see any of that here. There's no cover-up. There's no suspension with pay. There's no, well, we'll get to it when we want to get to it. There's been transparency. There's been swift action. And I think, you know, that's gone a long way in the community's eyes.

LEMON: What's your message to the community?

TURNER: You don't destroy your own community to get your message across. Why destroy your own neighborhood, your own community?

LEMON: Not that that's going to happen.

TURNER: Not that that's going to happen. You can do it in a peaceful way. You can protest and voice your displeasure in a peaceful way. You can exercise your First Amendment right in a constructive way without having to tear up this community or your community. And I think that's the best way to do it. We need better implementation of policies. We don't need to tear up our city and to burn down our city in order to have our voices heard.

Van Turner, President of the local NAACP, thank you we really appreciate you joining us here on CNN.

So, Victor, another reaction from a member of the community. He says it -- this offers people the opportunity to sort of get used to what's happened and he actually is in favor of this videotape being released after 6:00 on a Friday night.

BLACKWELL: Yes, what we've seen in other city, Don, and you and I have been there, is that when there is -- and of course we are hoping that that is not the case after this incident. Is that the vandalism, the violence happens when these officers are on administrative leave, still being paid, but not prosecuted. And in this case, this move so quickly from the incident on the 7th, to then the firing several days later and now these charges. The hope is that is the accountability that the people have been wanting and that this will be enough to keep any violence or vandalism from happening.

LEMON: Right on, Victor Blackwell. And listen, the severity of the charges, the way they're handling it, the way the police department is handling it, the police chief getting out in front. It could be a little more transparency, a lot more transparency, but here we are and they're trying to at least come up with a coordinated program or coordinated way of dealing with this rather than reacting to video that has already come out and people protesting because officers are still on the job. They're on administrative duty or have been suspended pending an investigation.

BLACKWELL: Yes, we'll see if the DA says that some of the questions, we have about the timeline will be answered by the video. We'll see just as we get those answers when this video is released tomorrow night. Don Lemon leading our coverage there in Memphis. Don thanks.

And we just got this into CNN. A jury has reached a verdict for the man accused of a deadly 2017 bike path attack in New York City. We have details of that next.

(COMMERCIAL BREAK)

BLACKWELL: Breaking news now. A federal jury has convicted the man suspected of driving a rented truck down a bike path in New York City on Halloween in 2017.

[15:55:00]

Killed eight pedestrians, this was the deadliest terror attack on New York City since 9/11. CNN's Kara Scannell has been following the trial. Tell us about this and what comes next.

KARA SCANNELL, CNN CORRESPONDENT: Yes, so this was the first death penalty trial under the Biden administration. He campaigned and promised to stop death penalty cases in federal charges. This was the deadliest terror attack in New York City since 9/11. And this man, Sayfullo Saipov -- it's interesting, in this trial, which only lasted two weeks.

He didn't dispute that he had rundown these people on this bike path killing eight pedestrians, injuring a dozen more. This really came down to the reason why. And his attorneys had argued that he did this out of a religious belief. And the prosecutors had argued improvement to this jury that that he did this because he was trying to gain an entry into ISIS. And that's what made this a capital case and eligible for the death penalty. So, the jury convicting him after deliberating for just six hours over the past two days of 28 counts, including 8 of those counts for murder.

The next thing that will happen here will be the penalty phase. And that has been scheduled for February 6th. This same jury will then hear evidence on that and they will decide whether Saipov is sentenced to death or sentenced to life in prison.

BLACKWELL: All right, Kara Scannell with the breaking details, thanks so much.

President Biden is on the road in Springfield, Virginia, touting today's very welcomed economic news.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: I'm not sure -- and I mean it sincerely -- the news couldn't have been any better. Economic growth is up stronger than expected at 2.9 percent. Jobs, jobs are the highest in American -- number is the highest in American history. And wages are up and their growing faster than inflation. Over the past six months inflation has gone down every month and God willing we'll continue to do that.

(END VIDEO CLIP)

BLACKWELL: BIDEN: CNN's Arlette Saenz is in Virginia. Good news, the president said it couldn't have been any better, but there is deal in the background the debt ceiling that must be dealt with that could just toss all these good numbers out the window.

ARLETTE SAENZ, CNN WHITE HOUSE CORRESPONDENT: Yes, and that's one battle that the White House is really preparing for with Republicans up on Capitol Hill. But today the president was trying to turn the focus to some of those rosy numbers relating to the economy. As the economy remains a top concern for American voters. But he also used this as an opportunity to go on the attack against House Republicans. And what he has labeled a threat that is posed by, quote, MAGA Republicans.

(BEGIN VIDEO CLIP)

BIDEN: Look, here's the deal, you got to cut your soc -- they want to cut your social media and Medicare. Now this is the God's truth. It's almost unbelievable. And beyond that they're actually threatening to have us default on the American debt. In debt that's been accumulated over 230 years. OK. And the interest on that debt we've never, ever done that. So, we have a -- I have a rhetorical question. What in God's name would the Americans give up the progress we made for the chaos they're suggesting? I don't get it. That's why the MAGA Republicans have literally choose to inflict this kind of pain on the American people. Why? Why? This nation has gone through too much. We've come too far to let that happen. I will not let it happen. Not on my watch. I will veto everything they send.

(END VIDEO CLIP)

SAENZ: Now so much of the messaging from President Biden today could be a preview should he decide to launch a re-election bid for 2024. He has often spoken of what he dubbed as the MAGA Republican time to tie Republicans with former President Donald Trump. And also pointing out how some Republicans want to make cuts to those popular entitlements programs like Social Security and Medicare. So, all of this could be quite a bit of a preview for the president should he decide to run for president once again.

BLACKWELL: Arlette, we know the president is watching what's going on in Memphis. Did he deliver any remarks or mention the charges at all?

SAENZ: Well, no. The speech was actually going on as those charges against those five police officers involved in the death of Tyre Nichols were being announced. Now we are told by White House officials that President Biden has been updated and briefed on the latest involvement in the situation regarding Tyre Nichols. So, we will see whether there might be anything further from the White House a bit later today or tomorrow.

BLACKWELL: Arlette Saenz traveling with the president there in Springfield, Virginia. Arlette, thank you very much.

And of course, the big breaking news today. These five officers in Memphis -- now former officers -- they face charges in the death of 29-year-old Tyre Nichols. They face charges of second-degree murder, aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression.

[16:00:00]

We heard from the Shelby County district attorney today. We expect that we will soon hear from some of, if not all of the defense attorneys for these five officers. Our Shimon Prokupecz reports that there will be a news conference sometime within the next hour. Of course, we'll bring you the news that comes out of that.

But for now "THE LEAD" with Jake Tapper starts in just a few seconds.