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Fed to Decide on Another Interest Rate hike to Avert Bank Crisis; Former President Trump Faces More Legal Troubles After a Failed Arrest, Indictment; California is Cleaning up After Battering Severe Weather; Xi, Putin Pledged for Stronger Ties as Bilateral Talks Ended; Most of China Experienced Massive Sandstorm; Uganda Passes Law Criminalizing Identifying LGBTQ; Israeli Minister Make Racist Comments About Palestine; Ten People Indicted on the Death of Irvo Otieno; South Carolina Police Rule Homicide Over Stephen Smith's Death; Court Unseals Documents of the University of Idaho Killings; Gwyneth Paltrow Goes to Trial Over Utah Ski Incident 2016. Aired 3-4a ET

Aired March 22, 2023 - 03:00   ET




ROSEMARY CHURCH, CNN ANCHOR: Hello and welcome to our viewers joining us here in the United States and all around the world. You are watching "CNN Newsroom" and I am Rosemary Church.

Just ahead, inside Mar-a-Lago, Donald Trump is preparing to be indicted, but new reporting by CNN this hour shows his legal troubles run much deeper than alleged hush money.

The fed's big decision is just hours away, what to do with interest rates amid a bank meltdown, jittery markets and high inflation?

Plus after the Xi-Putin meetings in Moscow, how the blooming friendship between Russia and China is testing the United States?

UNKNOWN (voice-over): Live from CNN Center, this is "CNN Newsroom" with Rosemary Church.

CHURCH: Thanks for joining us. Well, the U.S. Federal Reserve has a delicate balancing act on its hands. Policymakers are set to decide today on another possible interest rate hike while taking care not to spook financial markets or the banking industry.

Most economists are predicting a modest quarter point increase. It comes as treasury secretary Janet Yellen is telling the American Bankers Association, the government is ready to step up support. Yellen says the government will guarantee more deposits if the banking meltdown continues.

On Wall Street, all three major U.S. indices closed higher on Tuesday. The NASDAQ fared best, gaining more than 1.5 percent.

And CNN's Anna Stewart is following developments for us. She joins us live from London. Good morning to you, Anna. So the big question, of course, what the Federal Reserve plans to do with interest rates to bring down inflation without spooking the markets? A tough call, of course. What can we expect?

ANNA STEWART, CNN REPORTER: What a balancing act. Morning, Rosemary. Yeah. On the one hand, the Central Bank has to consider inflation, on the other also has to consider financial stability. And as we've seen in the last couple of weeks, frankly, confidence is in short supply.

Inflation is something the Federal Reserve absolutely has to tackle, but interest rates are affected with a pretty blunt tool. There's always some collateral damage. One of the biggest risks, of course, with raising rates is that you raise them too far too fast, you push the economy into recession. But there are always other implications, and I think what we've seen on the balance sheets of smaller and midsize banks in the U.S. is a great example of this, and I think it took the Federal Reserve slightly by surprise.

How many long dated treasuries were on those balance sheets, and how much less they were worth, essentially with each rate hike? That was fine unless you have a bank run, people pulling their money out of banks. Then, of course, those banks have to sell the assets at a loss. And crisis in confidence, that's pretty contagious.

The good news is there are other tools to tackle this. We have seen a huge coordinated action from the Federal Reserve with their big loan facility. Also, of course, the U.S. Treasury, who have essentially bailed out uninsured depositors of two failed banks already and as you said in the lead in their Janet Yellen, the Treasury Secretary, saying they would extend that further if they need to do so. And she also said this --


JANET YELLEN, U.S. TREASURY SECRETARY: The steps we took were not focused on eating specific banks or classes of banks. Our intervention was necessary to protect the broader U.S. banking system. And similar actions could be warranted if smaller institutions suffered deposit runs that posed the risk of contagion.


STEWART: Now, on this news, First Republic, one of the banks has been under so much pressure. We saw the share price rebound. We have to see whether that actually lasts more than a day because it's been pretty choppy of late, as you know. If confidence is restored there, if we see an entire bank runs, then the Federal Reserve can actually focus on inflation, which it really needs to do.

It's all about confidence. And in that sense, it doesn't really matter what the rate rise is as long as confidence is restored to the banking sector, looking at how treasuries are trading though, I'm looking at that, and I'm thinking its looking pretty much like there will be a rate rise of a quarter of a percent. Rosemary.

CHURCH: Yeah, that seems to be what everyone's saying, doesn't it? Anna Stewart, joining us live from London, many thanks.

And I spoke earlier with Justin Wolfers, professor of economics and public policy at the University of Michigan, and I asked him what he predicts the fed will do today.



JUSTIN WOLFERS, PROFESSOR OF ECONOMICS AND PUBLIC POLICY: I think the fed is going to try and do two things that wants to send a signal that it's doing all it can to protect the financial system, and it's been remarkably successful.

And the fact that financial markets today look a lot like they did a day or two before anyone had heard of Silicon Valley Bank is testament to that. But inflation remains high, and it needs to continue on its path to defeat inflation.

There is a little bit of an argument for slowing down just to get a sense of what all of this will mean for the real economy. But at the end of the day, we got to remember that Silicon Valley Bank was a pretty small bank. And most people who need loans are going to be able to get them. And so, hopefully, this is just a little hiccup along the way.

CHURCH: So with this interest rate decision looming large, how does the Federal Reserve make that economic calculation of how much to raise interest rates in order to bring down inflation while not spooking the markets?

WOLFERS: Yes. So, the good news for viewers is that already inflation is down from the alarming levels that a lot of people have fixed in their head.

There's a funny thing, the way we calculate inflation, it's about the rate of change of prices over the last 12 months. So, that calculation tells us a lot about what was happening six or nine or 11 months ago. When we look at more recent figures it looks like inflation has come down to say four-point something percent, so definitely not a crisis.

The bad news though is, a couple of months ago, it looked like it might have been trending downward. That no longer seems as clear and so what that tells the fed is what it's done so far has not been enough to get inflation on a clear downward trajectory. So, it's probably going to continue to push up rates for at least another meeting or so.


CHURCH: Donald Trump is facing a major legal blow in the investigation of classified documents at his Mar-a-Lago estate. Sources tell CNN the Justice Department has convinced a district court judge that Trump may have committed a crime.

This is important because it means Trump's lawyer in this case, Evan Corcoran, can no longer claim attorney-client privilege, in his testimony.

CNN's Evan Perez has more.


EVAN PEREZ, CNN SENIOR U.S. JUSTICE CORRESPONDENT: A Federal Judge has ruled that former president Donald Trump used one of his defense attorneys in furtherance of a crime or fraud related to existence of classified documents at Mar-a-Lago.

Sources tell CNN that the ruling from Judge Beryl Howell makes clear for the first time that the Justice Department is arguing that Trump himself may have committed a crime, and George Howell believes that prosecutors have met the burden to require Trump's attorney, Evan Corcoran, to testify to a grand jury, meaning he can't claim attorney- client privilege to broadly decline to answer questions from prosecutors.

Sources say Howell, in her sealed ruling, determined that prosecutors were able to show Corcoran's legal services were used in furtherance of a crime. The Justice Department is still seeking Corcoran's testimony after he cited attorney-client privilege as well as testimony from another Trump lawyer, Jennifer Little, CNN has learned.

Trump's lawyers have sought emergency intervention from the Appeals Court. Three judges from the D.C. Circuit Court of Appeals have moved very quickly to respond as they're still considering whether they put the decision from Howell on hold.

Evan Perez, CNN, Washington.


CHURCH: Now, to a CNN exclusive. Stormy Daniels' attorney says communications between his client and a Trump lawyer have been turned over to the Manhattan District Attorney.

The exchanges raised the possibility that Trump's counsel, Joe Tacopina, may be sidelined from the case. Tacopina denies any confidential information was shared with his office. The district attorney is investigating Trump's alleged hush money payment to Daniel's just before the 2016 election.

The grand jury in that case is expected to resume its probe in the coming hours. Despite Trump's prediction, Tuesday came and went without an indictment or an arrest of the former president. Prosecutors are weighing charges that Trump falsified business records and violated campaign finance laws.

A small handful of demonstrators showed up outside the prosecutor's office in New York, after Trump called for protests. Meanwhile, Trump's former Vice President says he thinks any possible indictment is politically motivated.

(BEGIN VIDEO CLIP) MIKE PENCE, FORMER U.S. VICE PRESIDENT: I think in this instance I would discourage Americans from engaging in protests if, in fact, the former president is in dire. And I understand the frustration, I -- as I said this past weekend, I -- if the president is in fact indicted by the Manhattan D.A., that appears to me to be a politically motivated prosecution.



CHURCH: Mike Pence is one of the few top Trump administration officials not embroiled in some sort of scandal.

CNN's Tom Foreman has a progress report on the former president's inner circle and their struggles to stay out of prison.


TOM FOREMAN, CNN CORRESPONDENT (voice-over): The list of Trump allies tied to crimes has been picking up new names for years. Start with Steve Bannon

STEVE BANNON, FORMER TRUMP ADVISER: I stand with Trump, and the constitution.

FOREMAN (voice-over): Trump's firebrand advisor was slapped with a fine and four months in prison for ignoring a congressional subpoena about the attack on the capital. His time behind bars is on hold while he appeals. He's also pleaded not guilty to New York state charges of money laundering, conspiracy and fraud.

BANNON: I will never shut me up. They'll have to kill me falsely.

FOREMAN (voice-over): Allen Wisenberg, Trump's longtime Chief Financial Officer, is serving five months for tax fraud and was ordered to pay $2 million in back taxes, interest and penalties.

Paul Manafort, once Trump's campaign chairman --

PAUL MANAFORT, FORMER TRUMP CAMPAIGN CHAIRMAN: From day one, I always felt they were targeting me in a couple of others to try and get at the president, or the president -- then candidate trump and then President Trump.

FOREMAN (voice-over): He's agreed to pay more than $3 million to the government over his tax filings. He spent two years in prison for bank and tax fraud, illegal foreign lobbying, and more, before Trump pardoned him.

Rick Gates pleaded guilty to aiding and abetting Manafort in concealing $75 million in foreign bank accounts. He spent 45 days in jail and became a government informant.

MICHAEL FLYNN: The next president of the United States right here. FOREMAN (voice-over): Trump pardoned Michael Flynn, once his National

Security Advisor who admitted lying to the FBI about his contact with Russia. Then he tried to walk that admission back. Flynn is now suing the government alleging malicious prosecution.

Advisor George Papadopoulos got 12 days for lying to investigators in the Russia probe. He was pardoned.

George Nader was an informal campaign adviser who pleaded guilty to sex crimes.

Elliott Brody, a fundraiser, pleaded guilty to running a secret lobbying campaign.

Roger Stone was convicted of lying to Congress. Trump pardoned him, too.

And there is former Trump attorney Michael Cohen confined nearly three years after admitting several crimes, including campaign finance violations. He now routinely calls for accountability for his former boss.

MICHAEL COHEN, FORMER ATTORNEY FOR DONALD TRUMP: Everyone needs to be held to the same standard of the law, and that includes former presidents.

FOREMAN (on-camera): None of this proves Donald Trump committed any crimes before, during or after his presidency. But it does give his critics a lot to say about the company he keeps.

Tom Foreman, CNN, Washington.


CHURCH: The U.S. State of California is in cleanup mode after yet another atmospheric river dumped heavy rain across the state. Los Angeles alone has received more than 24 inches of rain, nearly 200 percent of its average rainfall since October.

Heavy rain paired with hurricane force winds has made the situation a recipe for disaster in many cities. Storms have uprooted trees and destroyed power lines with more than 170,000 customers without electricity right now.

And many are still under threat from high winds. Travelers in San Francisco were delayed more than three hours because of the wind on Tuesday. Snow is still a concern with nearly white out conditions seen in some parts of the state.

Still to come, the West watches with a skeptical eye as the Russian and Chinese leaders tout their deepening ties and supposed peace plan to end the war in Ukraine.

More on their talks in a live report, just ahead.



CHURCH: The high stakes closely watched talks between the Russian and Chinese presidents in Moscow have ended with pledges for stronger ties and the touting of a supposed peace plan put forward by Beijing to end the war in Ukraine.

But the U.S. and western allies have ridiculed that plan, saying it's nothing more than a one sided deal that would give Vladimir Putin cover to continue with his war of choice. As for those talks, Putin and Xi Jinping signed a joint declaration Tuesday to deepen their partnership.

Xi says he has built a close relationship with Putin and that relations between Russia and China are crucial to the world order. Later they held a toast at a state dinner where Putin declared relations between the two countries are at the highest point ever.

CNN's Selena Wang has more now from Beijing.


SELENA WANG, CNN CORRESPONDENT (voice-over): Russia's Vladimir Putin rolling out the red carpet for his, quote, "Dear Friend," Chinese leader Xi Jinping, greeting each other for their second day of meetings in Moscow.

Despite skepticism from the West that the visit is more about supporting Russia and furthering Beijing's own self interests, Putin and Xi signing an economic deal, deepening their partnership and calling for an end to actions that increased tensions in the prolonged war in Ukraine.

VLADIMIR PUTIN, RUSSIAN PRESIDENT (through translator): Of course, we did not ignore the situation around Ukraine. We believe that many of the points on the peace plan put forward by China are consistent with Russian approaches and can be taken as the basis of a peaceful settlement when the West and Kyiv are ready for it, but this readiness is not observed on their side.

WANG (voice-over): Since the war began, Russia has become far more dependent on China. China has been propping up Russia's economy amid western sanctions by purchasing its energy, replacing western suppliers and electronics, cars, and aircraft, and providing an alternative to the U.S. dollar.


Xi is inviting Putin to China this year and told Putin they share similar goals. Putin says Russia has closely studied Beijing's peace proposal for the Ukraine plan that Washington says would solidify Russia's grip on occupied land.

STEVE TSANG, DIRECTOR, SOAS CHINA INSTITUTE, UNIVERSITY OF LONDON: China would not want to see Putin fail. It would set a terrible example for the Chinese system.

WANG (voice-over): China and Russia have a complicated history, but their shared adversarial relationship with Washington is driving them closer.


WANG (voice-over): In Russia, there's some cynicism about Beijing's motives. On a Russian state TV talk show, this military pundit said, China can have only one ally, China itself. China can only have one set of interests, pro-Chinese ones. Chinese foreign policy is utterly devoid of altruism.

But Chinese state media is in overdrive touting the benefits of the Russia-China relationship, and its all positive comments on China's heavily censored social media. This one says cooperation and win-win. The next one says long live China-Russia friendship. Disagreements, if any, are censored.

By meeting with Putin, Xi wants to highlight his role as a global statesman that can offer an alternative to the current world order.

Selena Wang, CNN, Beijing.


CHURCH: And let's go live to London now with CNN's Claire Sebastian who is standing by.

Good morning to you, Claire. So what is the latest on that promised peace plan to end the war in Ukraine. And what does the signed joint declaration between Xi and Putin signal for future China-Russia relations and, of course, for the rest of the world?

CLAIRE SEBASTIAN, CNN CORRESPONDENT: Yeah, Rosemary. We didn't get a lot that was sort of concrete or sort of major steps in terms of how this relationship will develop. But the optics of this were very clear the message is that this, quote, "No limits partnership has and will survive the test of an unprovoked war by one of its parties," not to mention, of course, the indictment by the International Criminal Court just days before this meeting of president Putin, that was extremely clear.

If you dig into the joint declaration, it's clear there are two key tenants of this relationship in this partnership going forward. One, of course, is economic. This matters undoubtedly more to Russia than it does to China. China is clear will continue to provide an economic lifeline to Russia as it adapts to life under western sanctions, which, of course, show no sign of going away anytime soon. Trade between the two countries already up some 30 percent last year, probably set to grow. Russia promising to increase, in Putin's word, unlimited oil supplies to China. There's a new pipeline in the works.

In terms of the second tenant, that is their shared desire, their joint desire to counter western influence, especially if you look at that joint-statement in the Asia-Pacific region. It talks about serious concerns about NATO's continuous strengthening of military security ties with Asia-Pacific countries, serious concerns about the AUKUS partnership between Australia, the U.K. and the U.S., especially when it comes to nuclear-powered submarines.

And the big question, of course, which we did not get a concrete answer to, which is why this relationship is seen as so potentially dangerous when it comes to the war in Ukraine is, is China actively considering providing lethal aid to Russia? Now, this is what the NATO Secretary General had to say about this on Tuesday.


JENS STOLTENBERG, NATO SECRETARY GENERAL: We haven't seen any proof that China is delivering little weapons to Russia. But we have seen some signs that this has been a request from Russia and that this is an issue that is considered in Beijing or by the Chinese authorities.


SEBASTIAN: So, no evidence as of yet. If they do, that would seem to draw (ph) with another aspect of this relationship that China (inaudible), they still want to try to play some kind of mediator role in the war in Ukraine. Putin sort of welcomed China's 12-point peace plan, which has been formulated it seems without the involvement of Ukraine and slammed by Ukraine's western allies is not involving any kind of withdrawal of Russian troops from illegally occupied areas.

Another question going forward is will president Xi talked to President Zelenskyy. It was said that there were talks in the works. They might have some phone call. President says he hasn't ruled that out. But he has rejected the idea of a ceasefire. Rosemary.

CHURCH: Claire Sebastian joining us live from London. Many thanks for that report.

A massive sandstorm is sweeping across parts of China, sending air pollution levels through the roof. Beijing authorities are warning people to stay indoors and for drivers to be extra cautious due to low visibility.


Officials say air pollution particles are more than 37 times the daily average set by the World Health Organization. Nearly a dozen provinces have issued yellow warning signals because of the storm.

And still to come. Uganda passes new legislation criminalizing identifying as a LB -- LGBTQ Plus. Why is this East African nation is taking such a harsh step?

That's next.


CHURCH: Uganda's parliament has passed sweeping legislation criminalizing identifying as lesbian, gay, bisexual or transgender. It imposes punishment of up to 20 years in prison and was amended to include the death penalty for some cases.


Human Rights Watch says the law would violate Ugandans right to freedom of expression and association privacy.

And for more, we want to go to CNN's Larry Madowo, who joins us live from Lagos in Nigeria. So, Larry, what is the latest on this? And, of course, reaction so far.

LARRY MADOWO, CNN CORRESPONDENT: Rosemary, this bill has a lot of public support in Uganda. That is why you saw a record number of Ugandan lawmakers in parliament for this debate and passing 389 of them, 55 were on Zoom because they know that many of the constituents support this bill because they're a hugely conservative nation. It's largely Christian. And that is why this bill was supported by bipartisan number of MPs.

It was proposed by an opposition MP, but the government threw its weight behind it, consulted with him and offered to harmonize with the existing Ugandan laws. So that is why most people support it. However, there's also condemnation from human rights groups, from civil society organizations, like from the queer community in Uganda and across Africa that said this endangers their lives because it identifies -- it criminalizes even identifying as LGBT, not just homosexual acts, but even identifying.

I want to read this section of this new law that's now going to President Museveni to (inaudible). "A person commits the offence of homosexuality if the person holds out as lesbian, gay, transgender, a queer or any other sexual or gender identity that is contrary to the binary categories of male and female." So, even identifying as non- binary could be illegal in Uganda.

And the debate itself was six, seven hours that was sometimes homophobic, often using dangerous rhetoric. And I want to give you a slice of what MPs were talking about on the floor.


UNKNOWN: A homosexual is the one who protects, promotes, defends.

UNKNOWN: Selected to be life imprisonment. Well, wherever recruits are our children, whoever gets involved in making sure that our children are involved into this.

UNKNOWN: These people should be castrated. Yes.

UNKNOWN: So, this space (ph) has been sexually human. She defends herself as a man. I find it very vague.


MADOWO: To be clear, homosexuality is illegal in more than 30 of Africa's 55 nations. But this law in Uganda goes much further than any other law in the continent, probably anywhere in the world and concludes that new crime of aggravated homosexuality when it's with a child or somebody with disability or in an altered state, and that attracts -- a death penalty. In fact, the law that builds this on is a 1950 law from the penal code that has its roots in British colonial rule, Rosemary.

CHURCH: All right. Larry Madowo joining us live from Lagos in Nigeria. Many thanks.

Still to come, condemnation and criticism was swift after Israel's finance minister said, quote, "There's no such thing as a Palestinian people." How the U.S. and E.U. are reacting. That's just ahead.



CHURCH: Israel's nationalist finance minister created an international firestorm after denying the existence of the Palestinian people and nationhood. His comments were condemned by the Palestinian authority and Hamas and also drew criticism from the U.S. and E.U. The finance minister's comments come as the Muslim holy month of Ramadan is about to begin.

Hadas Gold joins me now live from Jerusalem. So, Hadas, what more are you learning about this, and of course, reaction to what the minister had to say?

HADAS GOLD, CNN CORRESPONDENT: Yeah, Rosemary. These comments came on Sunday, so, a few days ago while Bezalel Smotrich was in Paris speaking at a memorial event for a well-known right-wing activist, who was also an executive of the World Zionist Organization.

And essentially what Smotrich said was that he claims that the Palestinian identity, idea of a Palestinian people, he claims, was invented in the past century, specifically as a response to the Zionist movement, to the movement of Jewish people wanting to found the state of Israel, essentially arguing that the -- that there is no Palestinian culture or history or anything like that.

And of course, this received very swift condemnation not only from the Palestinian authority but also from the Europeans, from the Jordanians, Egyptians, the Emiratis. We're also hearing from the Americans who are speaking out against this actually, soon after that.

John Kirby from the White House said that these sorts of comments do not help at all calm the tensions on the ground. And, ironically, the same day that Smotrich was making these comments, Israeli -- members of the Israeli government were meeting with the Palestinian authority alongside the Americans, Egyptians and Jordanians and Sharm el-Sheikh for a unique summit, the second of these sorts of summits as part of a bid to try and calm the situation on the ground.

Of course, we've been in this sort of endless cycle of violence between Israelis and Palestinians, especially ahead of Ramadan, which is starting this week, and then the Passover holiday that's starting at the beginning of April.

So, while one part of the Israeli government was making efforts to calm situation and specifically setting out a communique that talks about trying to tamp down on the rhetoric and things that could only exacerbate the situation, a high-ranking member of the Israeli government is doing the exact opposite.

Now, another element that is causing -- that caused a firestorm was the fact that on the podium where Smotrich was speaking, was what looked like to be an Israeli flag, which had -- with an image of, if you recognize it, it's an extended map of Israel that some fringe groups like to use.


That also includes not only present-day Israel but also Gaza, the occupied West Bank, and even parts of Jordan. And, of course, Jordan and Israel have a peace treaty. They have diplomatic relations. So, this caused quite a firestorm with the Jordanians. That caused Israeli national security advisor, Tzachi Hanegbi, to need to call the Jordanians and reassure them that Israel is committed to the peace treaty with Jordan.

It just goes to show you sort of a bit of the chaos in the Israeli government right now, where you have one hand doing something else making these statements and on the other hand, you have an Israeli government trying to maintain these peace treaties and maintain this ongoing communication with the Palestinian authority, Rosemary.

CHURCH: Hadas Gold, joining us live from Jerusalem. Many thanks for that report. And I'm Rosemary Church. For our international viewers, Marketplace Europe is next. And for those of you here in North America, I'll be back with more "CNN Newsroom" in just a moment.



CHURCH: A grand jury in Virginia has indicted seven sheriff's deputies and three hospital workers over the death in custody of Irvo Otieno, a 28-year-old black man. New video shows officials pinning him to the ground in the moments leading up to his death. Otieno's, mother says the deputies and hospital workers, quote, smothered the life out of her son. She spoke to the media following the indictments.


CAROLINE OUKU, MOTHER OF IRVO OTIENO: Those 10 monsters. Those 10 criminals. I was happy to hear that they were indicted. And that is just the beginning step.


CHURCH: CNN's Brian Todd has more now from Virginia. A warning, though, his report contains graphic content.


BRIAN TODD, CNN CORRESPONDENT (voice-over): Handcuffed and leg shackled, Irvo Otieno is brought into the intake area of Virginia's central state hospital with some difficulty. Within minutes, he is on the floor. For the next 12 or 13 minutes, he will be held down by deputies and staffers, sometimes with the deputy on top of him. At points, his position changes or the officers reposition their grip.

There is no audio, and for much of the video, Otieno is not in full view. At least once, a deputy seems to use his need to restrain him. Later, he is turned on his side. A person appears to administer an injection and then CPR. It is not clear exactly when he died or his official cause of death.

On Tuesday, seven deputies were indicted by a grand jury for second degree murder, as were three hospital staffers.

ANN CABELL BASKERVILL, DINWIDDIE COUNTY COMMONWEALTH'S ATTORNEY: The victim in this case was not fighting back or anything. There was -- there was no legitimate purpose for holding him down on the ground.

TODD (voice-over): 911 calls show how a hospital staffer described the incident.

UNKNOWN: He used to be aggressive, right, so they're trying to put him in the restraints. Then eventually he didn't - he's no longer breathing. They're doing a CPR right now and -- there's no pulse anymore.

TODD (voice-over): Also, just released jail video that the prosecutor says shows Otieno before he was transported to the mental facility. It shows commotion around the slot in the door of his cell. The prosecutor alleges Otieno is handcuffed. Yet, even so, she says, pepper spray is sprayed through the door slot.

(On camera): In that video, at any point, is he combative? Is he resisting?

UNKNOWN: Not -- not that I could see, frankly, at all.

TODD (voice-over): Six officers then enter the cell and the prosecutor alleges blows are delivered. Nearly 15 minutes later, he is carried out in handcuffs and deputies load him into an SUV to drive him to the mental facility. An attorney for one charged deputy says the cause of death could have been something else like the injection and says Otieno was violent, aggressive and non-compliant.

CALEB KERSHNER, ATTORNEY FOR DEPUTY RANDY BOYER: Officers who were there had to go -- had to hold him and constrain him, given not only his resistance previously, but the utter concern for others around given his mental state.

TODD (voice-over): But Otieno's mother says that's not what the video shows.

OUKO: My son was treated like a dog, was than a dog. I saw it with my own eyes on the video.

(On camera): Only a couple of attorneys for the deputies and security guards charged have come out and commented specifically on the charges, denying that their clients did any wrongdoing. One attorney for Deputy Randy Boyer, has come out and said it was the employees of Central State Hospital who are supposed to handle the intake and the restraint of Irvo Otieno that day and they failed.

Contacted by CNN, a spokesperson for the Central State Hospital declined to comment on that allegation. Brian Todd, CNN, Dinwiddie County, Virginia.


CHURCH: Law enforcement in South Carolina now say they are investigating the death of a 19-year-old man as a homicide. The body of Stephen Smith was found on a remote road in Hampton County in 2015. Investigators now say there's no indication this was a hit and run as the initial police reports said.

Smith's former classmate, Buster Murdaugh, released a statement on Monday denying any involvement. He is the son of Alex Murdaugh, who was convicted this month of murdering his wife, Maggie, and youngest son Paul.

And we're getting new details about the investigation into the murders of four college students in the state of Idaho. Bryan Kohberger is charged in the grizzly stabbing deaths of the four University of Idaho students in a house near campus last November. He has not yet entered a plea in the case.


But recently unsealed court documents offering some new information about the items seized from his parents' house in Pennsylvania when he was arrested. And the documents are revealing even more clues about the investigation of the murders leading up to Kohberger's arrest. Jean Casarez reports.


JEAN CASAREZ, CNN CORRESPONDENT (voice-over): November 13th 2022, law enforcement arrived at the home in Moscow, Idaho and what they find is horrifying. Four students, Kaylee Goncalves, Xana Kernodle, Maddie Mogen, and Ethan Chapin, all murdered. The weapon used, a knife.

Police also find what they believe will be an extremely important piece of evidence. On the bed next to Maddie Mogen is a tan leather knife sheath with "Ka-Bar" stamped on the outside of it. The knife is missing. Now, many new details have come to light after 35 new court filings were released.

Among other discoveries, on November 21st one week after the murders, law enforcement received a search warrant requesting information from Walmart in an effort to track down the person who bought that missing knife. Records and or documents for the crimes of homicide in the possession or control of Walmart related to the sales of the following items for the period of January 1st, 2022 to present, a "Ka-Bar" fighting knife sheath, a "Ka-Bar" straight edge knife.

Among the latest documents released, a police property receipt from Walmart for a "Ka-Bar" sheath and knife.

STEVE KRAMER, RETIRED FBI ATTORNEY: They want to see if this type of knife, one that would go with this particular knife sheath would fit the type of cuts and puncture marks that were made likely on the victims and see if it's consistent with that knife.

CASAREZ (voice-over): One week later on November 29th, law enforcement served a search warrant on "Ka-Bar" itself, headquartered in New York, requesting from "Ka-Bar" all electronically stored customer records and transactions related to the sale of various models of "Ka-Bar" knives from January 1st 2022 to present.

(On camera): They don't have the murder weapon. So, is this identification critical priority?

KRAMER: Identifying anybody that would have this particular weapon, likely a "Ka-Bar" knife, is extremely important to linking the crime scene.

CASAREZ (voice-over): On November 19th, less than a week after the murders, a different warrant. This time, law enforcement requests exterior camera surveillance footage from Umpqua Bank in Moscow, less than a mile from the crime scene during the hours surrounding the murders from November 12th at 98:00 p.m. to November 13th at noon, saying there is probable cause that the video requested consists of information related to a crime of homicide.

November 29th, search warrants are served on the dating app, Tinder. All subscriber information wanted for Kelly Goncalves account and a week later on Madison Mogen's account. December 6th, it was DoorDash. Police request all information related to food sales, deliveries, and transactions at the home on 11/22 King Road. Beginning on January 1st, 2022, Xana Kernodle had received a DoorDash delivery at approximately 4:00 a.m., according to law enforcement, minutes before the murders.

On January 3rd the day defendant Kohberger makes his initial appearance in a Pennsylvania court, Google receives a search warrant for all information from his account. On January 9th, once the defendant is extradited to Idaho, a request is made to the Moscow P.D. for data extraction of Brian Kohberger's phone.

KRAMER: The phone is going to contain, you know, intimate details of where he was at particular times, what he was looking at on the internet.

CASAREZ (voice-over): And on January 25th, a warrant is issued for Brian Kohberger's Tinder dating app account.

KRAMER: The investigators in this case are not looking just at one person. They looked at every single avenue they could. They're basically dotting every I, crossing every T, to make sure, you know, they've covered all their bases, and it all leads back.

CASAREZ (voice-over): Jean Casarez, CNN, New York.


CHURCH: Gwyneth Paltrow is fighting an injury lawsuit stemming from a 2016 skiing accident in the U.S. state of Utah. A man claims the actress knocked him down after losing control on her skis and that he suffered a brain injury, broken ribs and more. Paltrow says the man actually hit her as he was skiing downhill.


The man is seeking more than $300,000 in damages, down from $3 million originally. Paltrow is countersuing for just a dollar plus attorney's fees.

U.S. President Joe Biden and First Lady Jill Biden honored some of the nation's renowned artists, writers, scholars and more on Tuesday. They presented the National Humanities Medals and National Medal of the Arts to 23 recipients. It's the first time President Biden has held the ceremony since taking office, one of many White House events postponed due to the pandemic.

Honorees included designer Vera Wang, singers Gladys Knight and Bruce Springsteen and actors Julia Louis-Dreyfus and Mindy Kaling.

And thank you so much for spending part of your day with me. I'm Rosemary Church. "CNN Newsroom" continues next with Bianca Nobilo.