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A Second Mass Shooting Happens in Serbia; Proud Boys Members Found Guilty of Seditious Conspiracy; U.S. Coast Guard Veteran Charged with Murder and Aggravated Assault; Former Student Arrested in the UC Davis Stabbings; U.S. Denies Involvement in Drone Attacks on Russia; First Coronation After 70 Years Happens Soon in U.K.; New Violent Clashes Erupt in Sudan's Capital. Suspect Of Second Serbian Mass Shooting Arrested; Ed Sheeran Cleared Of Copyright Infringement In Lawsuit; Attorneys For Trump And E. Jean Carroll Rest Their Cases. Aired 2:00-3a ET

Aired May 05, 2023 - 02:00   ET

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

[02:00:00]

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MICHAEL HOLMES, CNN ANCHOR: Hello and welcome to our viewers in the United States and all around the world. I'm Michael Holmes, appreciate your company. Coming up on CNN NEWSROOM, the second mass shooting in as many days in Serbia leaves eight dead and a suspect on the run. A former U.C. Davis student has been arrested in that series of stabbings near the campus in California. And a jury finds four out of five members of the far-right Proud Boys group guilty of seditious conspiracy for their role in the January 6th Capitol siege.

ANNOUNCER: Live from CNN Center, this is CNN NEWSROOM with Michael Holmes.

HOLMES: We begin with a massive manhunt underway in Serbia after the country's second mass shooting in as many days. Officials say at least eight people were killed, 13 others wounded in several villages southeast of the capital Belgrade on Thursday. Hundreds of police and special forces are now searching for the suspect who fled the scene.

Serbia's public broadcaster says he was in a vehicle with two other people before he got out and shot victims with an automatic weapon. Local media report a police officer and his sister were among those killed. All of this happening as Serbia is still reeling from Wednesday's horrific school shooting which left nine people dead. Scott McLean is near the scene of the second shooting.

SCOTT MCLEAN, CNN CORRESPONDENT (on-camera): The Serbs today are waking up to a headline that seems quite unbelievable. In less than 48 hours, a second mass shooting has taken place. Authorities say that this one happened in this field, in this rural area between two very small villages, about 50, 60 kilometers south of Belgrade.

So, there's a soccer pitch there. Locals say there's also a barbecue area where young people like to hang out. There's also a vehicle there where the windows have apparently been shot out. And this is where this shooting is alleged to have taken place.

Authorities say it happened with an automatic weapon, something that is banned in this country, generally. There are illegal weapons still circulating in the country, leftover from conflict in the 1990s, but automatic weapons are heavily restricted for civilians and even getting a semi-automatic weapon in this country requires jumping through a lot of checks and a lot of hoops. There is now a massive manhunt taking place across a very wide swath of this country, a very rural area, as well.

There's fields, there's orchards here, and there are some 600 police officers who are looking for this suspect, a 21-year-old man. They are identifying as Uros B (ph). He may well still be heavily armed. And on the way here, we actually saw heavily armed police combing an area on the side of the highway about 20 miles from here, which gives you a sense of just how big the search area may be at this point.

Now, Serbs in light of the school shooting that took place on Wednesday were already doing some soul searching about what happened in that case and how they can prevent it in the future. There have been discussions about mental health, about violent video games and the impact of social media and of course about guns. Lawmakers have now proposed to put a two-year moratorium on the issuing of new gun permits.

Scott McLean, CNN in rural Serbia.

HOLMES: We are learning new details about Wednesday's mass shooting not far from here in Atlanta, Georgia. Twenty-four year-old U.S. Coast Guard veteran Deion Patterson has been charged with one count of murder and four counts of aggravated assault. Police say he opened fire in a medical building, killing one woman and wounding four others.

And Atlanta police sources tell CNN, the mother of the suspect told investigators her son was seeking treatment at the facility. He reportedly got angry when doctors wouldn't give him a certain anti- anxiety drug. In a statement, she pleaded for mental illness to be taken seriously and not to disregard anyone who needs help. And she apologized to the families of those killed and injured. The one person killed has been identified as Amy St. Pierre, the wife and mother who worked for the Centers for Disease Control and Prevention.

[02:05:00} Her family describes her as, quote, the best of the best.

And police have made an arrest in a series of brutal stabbings near the University of California Davis. There were at least three attacks in the span of five days that left two people dead and a community on edge. CNN's Veronica Miracle with the latest.

VERONICA MIRACLE, CNN CORRESPONDENT: Police say that the person they believe is responsible for the stabbing deaths of two people and critically injuring another person is a former UC Davis student who was separated from the university just last week, 21-year old Carlos Dominguez. Officials say that he's no longer with the university as of last week due to academic reasons.

And that happened two days before the first murder took place. The latest attack happened on Monday near campus and left a woman in critical condition and then just days before two men were killed at two parks near UC Davis on Thursday and Saturday.

Now, police say they were able to arrest Dominguez because they got 15 calls from people in the community about a suspect who -- a person rather, who was wearing the same description, the same clothing as the suspect. And when they found him, they say that he had a large knife on him that they were looking for. Here's the police chief. Take a listen.

(BEGIN VIDEO CLIP)

DARREN PYTEL, DAVIS, CALIFORNIA POLICE CHIEF: We decided to first arrest him for possessing a large knife that was on his person when he was picked up. He was wearing a backpack and in the backpack was a large knife that was consistent with one that we were looking for based on evidence from the first homicide.

(END VIDEO CLIP)

MIRACLE: And Dominguez could be arraigned in court as early as Monday.

HOLMES: Now, thanks to Veronica Miracle for that report. Now, the U.S. Justice Department is hailing a major victory in its legal battle against the right-wing militia group involved in the U.S. Capitol riot. CNN's Sarah Murray with details from Washington.

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SARAH MURRAY, CNN CORRESPONDENT (voice-over): Four members of the far- right Proud Boys convicted of seditious conspiracy.

UNKNOWN: U.S.A.! U.S.A.!

MURRAY (voice-over): A jury finding Enrique Tarrio, the former leader of the Proud Boys, Ethan Nordean, Joseph Biggs and Zachary Rehl guilty of seditious conspiracy and other charges. In a verdict affirming the prosecutor's central allegation that they conspired to stop the peaceful transfer of power on January 6th by attacking the Capitol.

MERRICK GARLAND, U.S. ATTORNEY GENERAL: Today's verdict makes clear that the Justice Department will do everything in its power to defend the American people and American democracy.

MURRAY (voice-over): In a trial that stretched four months, prosecutors highlighted Donald Trump's earlier pandering to the Proud Boys.

DONALD TRUMP. FORMER U.S. PRESIDENT: Proud Boys, stand back and stand by.

MURRAY (voice-over): Along with video and messages like this one. It's time for effing war if they steal this S. Making the case that Trump's election lies.

TRUMP: It was a rigged election.

MURRAY (voice-over): Inspired the Proud Boys to help gin up a revolution against the incoming Biden presidency.

UNKNOWN: So, we just stormed the Capitol. Yeah, we did.

MURRAY (voice-over): Defense attorneys argued their clients were merely scapegoats and it was Trump who incited the riot.

TRUMP: We fight like hell and if you don't fight like hell you're not going to have a country anymore.

UNKNOWN: The Proud Boys coming in.

MURRAY (voice-over): But prosecutors said the Proud Boys were at the front lines of the mob.

UNKNOWN: We want Trump! We want Trump!

MURRAY (voice-over): Riling up the crowd as the first barriers were breached. Today's verdict marks the third time prosecutors have notched convictions for seditious conspiracy in their historic prosecutions in the aftermath of January 6. But the jury finding a fifth proud boy, Dominic Pezzola, not guilty of seditious conspiracy. He was not accused of holding a leadership role within the far-right group. He did, according to prosecutors, steal a police riot shield, using it to break a window that rioters used to enter the Capitol.

DOMINIC PEZZOLA, CAPITOL RIOTER: Victory smoke in the Capitol, boys.

MURRAY (voice-over): The jury found Pezzola guilty of other crimes, like obstruction of an official proceeding. Tarrio's indictment, especially significant. He wasn't in Washington on January 6th, having been arrested two days earlier and ordered to leave the city. But messages presented by prosecutors suggest Tarrio was readying for a revolution and helped create a command structure within the group in the run up to the Capitol insurrection. Make no mistake, Tarrio told other Proud Boys on January 6th, we did this.

(END VIDEOTAPE)

HOLMES: Sarah Murray reporting for us there. Cities across Ukraine bracing for another day of missile and drone strikes from Russia after that suspicious pre-dawn attack on the Kremlin. The sounds of air raid sirens and repeated explosions sent people running for shelter in Kyiv on Thursday evening. And then there was this frightening scene over the capital.

What you saw there was actually friendly fire, a malfunctioning Ukrainian drone shot down by Ukraine's air force.

[02:10:00] No casualties or injuries reported on the ground.

Meanwhile, Moscow now says the U.S. directed the drone attack on the Kremlin early Wednesday. Russia called it an assassination attempt against President Vladimir Putin. The U.S. National Security Council Spokesperson John Kirby dismissing the claim as ridiculous and lies.

Nada Bashir is live this hour in London Forest with the latest on that drone strike on the Kremlin. Nada, the blame game just continues. Bring us up to date.

NADA BASHIR, CNN LONDON BUREAU REPORTER (on-camera): Yeah, absolutely. The blame game is continuing and also Moscow is really dialing up its rhetoric when it comes to the U.S. government's engagement in the war in Ukraine. As you mentioned there, we've heard from the Russian deputy defense minister there claiming the U.S. had direct involvement in this alleged attack on the Kremlin, a drone strike on the Kremlin.

Of course, we heard from the deputy defense minister saying that both parties, the U.S. and Russia are likely on the verge of an open armed conflict. These are strong words coming from the Kremlin. They claim that the U.S. government has long been a direct party to the war in Ukraine. And of course, these have come despite the vehement denial from both Ukraine and the United States, as you mentioned there. We've heard from the State Department, as well as the U.S. National Security Council, both denying these claims. Take a listen to this message from the Spokesperson John Kirby.

(BEGIN VIDEO CLIP)

JOHN KIRBY, U.S. NATIONAL SECURITY COUNCIL SPOKESPERSON: I would just tell you Mr. Peskov's lying. I mean, that's obviously a ludicrous claim. The United States had nothing to do with this. We don't even know exactly what happened here, Kaitlin, but I can assure you the United States had no role in it whatsoever.

BASHIR (on-camera): Now, the Kremlin maintains that this was an attempted terrorist attack, a plot to assassinate Vladimir Putin, that this was an attack executed by Kyiv, but a plan devised in Washington, D.C. And, of course, these are claims that Ukraine and the U.S. government vehemently deny.

And despite this, we have heard from Moscow saying that they are maintaining talks with the U.S. government. They are, in their words, working to ensure that it doesn't reach the point of an open-armed conflict between the two nations, and that the high-level talks will continue between the two parties through channels of dialogue.

HOLMES: Yeah, Nada, before I let you go, the leader of the Wagner Mercenary Group, Yevgeny Prigozhin, he's known for outrageous statements and visuals, but released a video that was gruesome and extreme even for him.

BASHIR: Yes, absolutely. In that video, which is extremely graphic, Yevgeny Prigozhin, the Chief of the Wagner Mercenary Group appears to essentially display the bodies of what he claims to be killed Wagner fighters. And in this video, he is heard slamming Russian officials directing his message specifically to the Russian defense minister and the chief of general staff of the Russian army for ammunition deficiencies in the Wagner Group, calling for more ammunition to be provided to the private military contracted group. This comes as U.S. intelligence officials say they believe that the Russia may not be able to launch a full offensive as planned because of shortages in both manpower and ammunition.

HOLMES: All right, Nada Bashir there in London for us. Thanks, Nada. Quick break here on the program. When we come back, a cliffhanger in the battery and defamation lawsuit against Donald Trump. His attorneys rested their case but will Trump change his mind about testifying? We'll have a report from New York later in the hour.

Also, the United Kingdom prepares for the first coronation of a British monarch in 70 years. We get a foretaste of a ceremony steeped in tradition. That's when we come back.

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HOLMES: The people of Britain, the Commonwealth and beyond are gearing up for the coronation of King Charles III on Saturday. The ancient ceremony will take place at London's Westminster Abbey and feature all the pomp and pageantry you'd expect. This will be the first coronation of a British monarch in 70 years. The Prince and Princess of Wales, William and Kate got into the action commuting like commoners on London's underground, the Tube, of course, as it's known, and this was on Thursday. They rode the Elizabeth line named, obviously, after William's late grandmother Queen Elizabeth II. Then they visited a pub in central London meeting with locals and business owners preparing for the big weekend.

(BEGIN VIDEO CLIP)

HOLMES: Around 400 armed forces members from Commonwealth nations took part in a joint parade on Thursday. They've been training for several days and will form part of the ceremonial procession on Saturday. Royal enthusiasts have set up camp along the procession route, camp quite literally in many cases. They're hoping to get a good view of King Charles when he travels from Buckingham Palace to Westminster Abbey.

ROBERT BOLITHO, BRITISH ARMY VETERAN: It will be very emotional for me. Obviously when the King's car has passed, I will salute my King.

MARGARET TINSLEY, CORONATION ATTENDEE: I'm very excited because I'm a monarchist and I support our King and Queen and we love our King and Queen and we want them to know that.

SHIRLEY MESSINGER, CORONATION ATTENDEE: The procession is so emotional. The Brits do it so well. Everything is so organized.

(END VIDEO CLIP) HOLMES: Now, the coronation of King Charles will be a deeply religious ceremony steeped in ancient tradition. CNN's Max Foster with more on that.

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MAX FOSTER, CNN CORRESPONDENT (voice-over): For more than a thousand years, the coronation ceremony for English monarchs has remained largely unchanged. King Charles will walk into Westminster Abbey in the footsteps of his ancestors. Ancient symbols like the Stone of Scone seized from Scotland by King Edward in the 13th century and used in coronations ever since, brought to London for Saturday's event. The palace says he also wants to reflect modern Britain and look to the future.

[02:20:00]

The challenge will be how to do both during a cost of living crisis. Charles will be crowned with the St. Edward's crown, the very same one placed upon previous monarchs. Crown jewels will feature including sceptres, a golden orb and various swords, each with their own symbolism. He'll wear robes that have been passed down through the generations. The anointing, the most sacred spiritual part of the service, will be hidden from view by a special screen, one of the only newly-made pieces for the coronation. Because Charles, who's always been known for his environmental campaigning, has been keen to emphasize re-use. He'll be welcomed to the Abbey first by a young chorister, to whom he'll say, I come not to be served, but to serve. Inclusivity is at the top of his agenda. The ceremony will be conducted by the Archbishop of Canterbury, the most senior member of the Church of England after the King.

JUSTIN WELBY, ARCHBISHOP OF CANTERBURY: It looks rounded, our society, and seeks to reflect us as we are with joy and celebration.

Foster (voice-over): For the first time, people of multiple faiths will have a role. Even the Pope has sent a gift, fragments believed to be of Jesus' cross, which have been incorporated into this new one, which will lead the coronation procession. Symbols, the new monarch hopes, will be enough to reflect his continued relevance in a modern world whilst honoring sacred tradition. Max Foster, CNN London.

(END VIDEOTAPE)

HOLMES: Now, earlier we asked Royal Commentator Sandro Monetti what role Queen Camilla will play in the coronation.

(BEGIN VIDEO CLIP)

SANDRO MONETTI, ROYAL COMMENTATOR: This is the most fascinating aspect of the whole thing to me with the Royal Family story, because not so long ago, Camilla was the arch villain of this story. And it just shows how life takes some extraordinary twists and turns that now she's going to become Queen. And so, yes, she will have her own coronation ceremony. She'll be covered in the oils, which make her close to God, as well. She'll be a big part of this. And yes, fans of the crown might not be thrilled, but it's great human drama.

(END VIDEO CLIP)

HOLMES: Queen -- Camilla will be crowned with Queen Mary's crown, which has been modified and reset with several jewels from the late Queen Elizabeth II's private collection. And of course, CNN will bring you special live coverage of the coronation of King Charles III on Saturday, May 6, starting at 10 a.m. in London, one in the afternoon in Abu Dhabi, and five in the morning Eastern time here in the United States.

Quick break, when we come back, there's an urgent need for humanitarian help in Sudan as people flee some of the heaviest fighting since the clashes erupted last month. You're watching CNN NEWSROOM. We'll be right back.

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HOLMES: Welcome back, I'm Michael Holmes, you're watching CNN NEWSROOM. Now, new violent clashes erupted Friday morning in Sudan's capital. Witnesses report fighting between the Sudanese armed forces and the rapid support forces in the vicinity of the presidential palace. Clashes also reported north of Khartoum and warplanes were seen flying over the city.

Now, that's despite the RSF saying it would extend a ceasefire for 72 hours, starting this morning local time. This also comes after the rival Sudanese Armed Forces announced that it had agreed to a 7-day ceasefire with the paramilitary group, although there was no response from the group at that time. Previous ceasefires, of course, have not stopped the fighting, as evinced by columns of dark smoke over the capital on Thursday.

Witnesses report the most violent fighting since the start of the clashes last month, which has led to the deaths of hundreds of civilians. Among the victims, a Trailblazer. CNN's Stephanie Busari with that.

STEPHANIE BUSARI, CNN SENIOR EDITOR, AFRICA (on-camera): A Sudanese actress has been killed in a crossfire of fighting near Khartoum, a family member tells CNN. Eighty-year-old Asia Abdel-Majid, known as the country's first professional state actress, died after shells hit her home in Bari, north of the capital. It is unclear which side of the conflict fired the shot that killed the actress.

The fighting between the rapid support forces and the Sudanese army shows no signs of letting up despite a 7-day ceasefire that was supposed to start early Thursday. Both sides have not kept to negotiate the ceasefires since the start of the conflict and they blame each other for breaking the truce. Meanwhile, foreign countries continue to evacuate their citizens. Hundreds of Nigerians could come in the latest to return home from Sudan late Wednesday as the country spirals into a looming humanitarian crisis.

The Norwegian Refugee Council has warned that people trapped in the battlefields in Sudan are running out of food and water. Secretary- General Jan Egeland called on the international community to put more effort into providing aid to the people in Sudan than evacuating their own citizens. Stephanie Busari, CNN, Lagos.

HOLMES: Now, Comfort Ero is the President and CEO of the International Crisis Group. She joins me now from London and thanks for doing so, Doctor. Are you worried, first of all, that as countries like the United States and others pull their people out of Sudan that they'll then just see the conflict as something they don't need to focus on and what would be the impact of that?

COMFORT ERO, PRESIDENT AND CEO, INTERNATIONAL CRISIS GROUP: The impact will be phenomenal, Michael. I've just come back from Nairobi following talks with various envoys there listening to various Sudanese voices. And one cannot overestimate the -- underestimate the humanitarian fallout, particularly in a region that is already unstable.

[02:30:00]

And you've got Central Africa Republic, you'll recall, Michael, South Sudan, facing its own years of instability. You're seeing Ethiopia that is now coming out of its own devastating war in northern Tigray.

And then instability also in Libya and Chad and then a very breachful economy in Egypt. So, this will have dire consequences for a very unstable Horn of Africa.

MICHAEL HOLMES, CNN ANCHOR: And to that point, let's explore further. The ceasefire is, of course, well, they just haven't held. None of them have.

As you say, the neighborhood is unstable. I mean, what are your concerns that the situation in Sudan gets worse and becomes perhaps a tribal conflict -- an ethnic conflict, or perhaps even spill outside Sudan's borders to drag other countries in potentially?

ERO: Exactly. I'm very worried. I mean, I'm very fearful also because a number of those countries that you just mentioned, Michael, Sudan has tribal -- ethnic affinity with a number of those countries. Chad, particularly, we're hearing reports daily of a number of refugees that are going into these countries where there's already instability there.

So, it's sort of seen a repeat of what we saw in the 1980s and 1990s, repeats of just a humanitarian catastrophe. 800,000 already, Michael, fear to be moving around the neighborhoods. And then there's the internally displaced.

I think one of the biggest fear is that Sudan is left alone after diplomats evacuated themselves from the country. This is a country where we saw a vibrant revolution in 2019. It's the responsibility of Sudanese, of course, but with the support of international actors. Otherwise, we're likely to see international actors repeating the mistakes of Libya, where the situation they've got out of control very quickly spiraled, and then it's up in a number of countries and in the Sahel, and wider Horn of Africa, to see a repeat of that would be complacent on the -- on the part of the international actors.

HOLMES: Yes, it's very delicate. I wish we had more time. Dr. Comfort Ero with the International Crisis Group, I really appreciate you making the time for us.

ERO: Thank you very much.

ANNOUNCER: This is CNN Breaking News.

HOLMES: Yes, we want to update you on our top story now. Police have made an arrest in a mass shooting in Serbia. Let's go now to CNN's Scott McLean near the scene of the shooting. A massive manhunt had been going on there. Bring us up to date, Scott.

SCOTT MCLEAN, CNN CORRESPONDENT: Hey, Michael. Yes, people here are obviously breathing a sigh of relief. We're in the village of Sepsin which was one of three sites where this shooting took place. Eight people dead, 13 people wounded, at least at this point from what we know.

And the suspect was actually arrested in a larger city called Kragujevac in central Serbia, which is more than an hour away from where we are right now. And residents in this area didn't frankly know how far the suspect might have gotten once he fled the three scenes of this shooting. And so one man who lives in a house just over there with his -- with his family, including a young son asked me is it safe to come outside? Have they made an arrest?

And so, obviously, people here are very happy to hear this news because we were just in another village nearby and a man there told us that he was frankly afraid to come to this one because he figured that there was a good chance that the shooter may still have been hiding out in this village. The scale of this manhunt, it is difficult to understate. And we're talking about 600 uniformed police officers involved. We saw some of them going by heavily, heavily armed.

Some of them wearing balaclavas. Some of them just cleared out from this area in the village as well. There have been checkpoints all along the highway. Police officers checked our vehicle and check the trunk of our vehicle as we were coming into this village, Michael.

And I think what is really remarkable about this story is well, a couple of things, but one, the weapon that authorities believed that he had been using which is a fully automatic weapon, which is not possible for civilians to obtain this legally. There are plenty of illegal guns left over from the conflict in the 1990s. But getting a semiautomatic weapon even legally in this country requires you to go through a lot of hoops background checks and a lot of training courses. And you also need a good reason to have that -- to have that gun. It also comes less than 48 hours after a school shooting which shocked this country frankly, where nine people were killed, including eight of them, who were students at a school in Belgrade. And when the headlines first came out for, frankly, a lot of people may have thought that we were still talking about the shooting that happened on Wednesday.

[02:35:06]

In fact, when we were coming into this area, we were asking directions from one man as to where exactly this shooting took place. And the man told us, Michael, that it happened in Belgrade. He assumed that there was no possible way that there had been a second shooting. That's how shocking this is to this country, Michael.

HOLMES: Yes. And to that point, Scott. I mean, you know, we're being broadcast in the U.S. right now where people are almost, you know, anew to the mass shootings like this. That is -- that is not the situation there in Serbia.

I mean, it must feel weird. You went there to cover one shooting, and now you're covering another. That just doesn't happen in Serbia.

MCLEAN: No, it really does -- it really -- (AUDIO GAP) country does have a high rate of private gun ownership, but they also have gun control here. They have the kind of laws that Democrats in the United States would love to have in that country. And I've covered school shootings in the United States. And you're right, we've become in some ways desensitized to them.

And there's not a lot of expectation afterwards that there's going to be any political will or way to actually get anything done. But in this country, the government has already announced proposed laws, which would -- one of them would put a moratorium on new gun licenses for the next two years so that they can figure out how to strengthen their gun laws to make sure that (AUDIO GAP) like this never happens again (AUDIO GAP) seeing happening in Serbia, especially after this latest shooting, Michael.

HOLMES: Yes. Scott McLean on the spot there for us, an arrest has been made, we appreciate your reporting. Scott McLean there. And we will be right back.

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[02:40:57]

HOLMES: Vindication for singer Ed Sheeran. A jury found he did not commit copyright infringement. That decision coming on Thursday in a New York courtroom. Sheeran was accused of copying parts of the 1973 Marvin Gaye hit Let's Get It On.

The family of that song's co-writer sued Sheeran over what they said were similarities with Sheeran's tune Thinking Out Loud. Sheeran's legal team argued that the melodies of the two songs were different, and both used musical elements common in pop music. Now for our international viewers, "WORLD SPORT" is coming up next. Thanks for spending time with us. For everyone else though, NEWSROOM continues straight ahead.

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HOLMES: The jury in the battery and defamation suit against former President Donald Trump is set to hear closing arguments on Monday. Part of CNN's Kara Scannell reports, Trump, himself could wind up forcing those plans to change.

(BEGIN VIDEOTAPE)

KARA SCANNELL, CNN REPORTER: After calling 11 witnesses, E. Jean Carroll rested her battery and defamation case against former President Donald Trump. Now, Trump's attorneys also rested their case outside the presence of the jury. But in an unexpected twist.

The judge said he will give Trump until 5:00 p.m. on Sunday to change his mind about testifying. The judge cautioned that he might not allow it but he was providing the window for Trump to possibly reopen his case since Trump publicly stated while on a trip to Ireland that he was returning to the U.S. over a false accusation. The judge said he has a right to testify which has been waived, but if he has second thoughts, I'll at least consider it.

Trump's attorney Joe Tacopina said he spoke with Trump Thursday morning, and he had no intention of testifying. He indicated a change in strategy was unlikely. Trump's lawyers did not call any witnesses in his defense, choosing to try to make their case through cross- examination of Carroll's witnesses.

Earlier Thursday, the jury watched the video deposition Trump gave in October. During the 30 minutes of testimony, Trump agreed that he made the allegedly defamatory statements that he didn't know, Carroll, that she wasn't his type, and that she made up the story. He said he stood by the comments.

The jury also heard from another friend of Carroll's who said Carol told her about the alleged rape at the time. On cross-examination, Trump's attorneys presented the friend with text messages and e-mails she sent speaking negatively of Trump, in an effort to suggest her testimony was politically motivated.

Carroll's lawyers also called a marketing professor who testified that it would cost as much as $2.7 million to repair Carroll's reputation from the alleged damage caused by Trump's statement. Barring any last- minute changes, closing arguments will take place on Monday. The jury could get the case as soon as Tuesday.

Kara Scannell, CNN, New York.

(END VIDEOTAPE) HOLMES: In the U.S. state of New York, the Manhattan district attorney is investigating the death of a subway rider. Jordan Neely died on Monday after being allegedly put in a chokehold by a fellow passenger. He was a well-known Michael Jackson impersonator but fell on hard times in recent years.

A friend who performed with him in the past said Neely had been struggling since the murder of his mother in 2007. She said he'd been living on the streets.

CNN's Omar Jimenez has the latest on the investigation into his death. And we warn, some images in his report are graphic and disturbing.

(BEGIN VIDEOTAPE)

OMAR JIMENEZ, CNN CORRESPONDENT (voiceover): Witnesses say it all started when Jordan Neely was acting erratically as he reportedly said he was fed up and hungry.

JUAN ALBERTO VAZQUEZ, WITNESS: He started to yell in violent language. I don't care if I die. I don't care if I go into jail. I don't have any food. I don't have any beverages. And then he put out the jacket, hitting on the floor.

JIMENEZ: Juan Alberto Vazquez was there and says despite any aggressive and frightening behavior, Neely hadn't attacked anyone, even if he was making passengers uncomfortable. Not long after, Vazquez says, another passenger came up behind Neely and put him in a chokehold.

Vazquez says he didn't hear any interaction between them beforehand. He just heard them fall to the ground. He shot this video minutes into the altercation.

VAZQUEZ: We arrived at the station, the doors opened, other people run away and the guys stay in this position for about eight or -- seven or eight minutes.

JIMENEZ: Another passenger appears to be helping restrain Neely. It's also unclear how long in total he was in the chokehold since this didn't capture the start of it. But Neely later lost consciousness and was pronounced dead at a nearby hospital.

The Medical Examiner's Office says he died because of compression of the neck, calling it a homicide. No charges have been filed. The Manhattan District Attorney's office says they're assessing all photo and video footage to identify and interview as many witnesses as possible.

[02:50:09]

ERIC ADAMS, MAYOR OF NEW YORK CITY, NEW YORK: People dealing with mental health illnesses should get the help they need and not live on a train. And I'm going to continue to push on that.

JIMENEZ: Last year, New York City's Mayor Eric Adams was criticized for directing first responders and the NYPD to enforce the law allowing them to involuntarily commit people experiencing a mental health crisis as part of an attempt to address concerns about homelessness and crime. Protests in support of Neely have called for answers.

UNIDENTIFIED MALE: There could have been somebody there to help him, broke it up, or anything. Stop the whole situation. But it was like at the same time, no one deserved to lose their life. This will be on a train. I think he should still be alive today.

JIMENEZ (on camera): And that last part is the controversy here that many people feel no matter what happened beforehand, this shouldn't have ended in death. Now, a law enforcement source told CNN that Neely had been arrested over 40 times for things including jumping a turnstile, theft, but also in at least a few cases, assault. That said, it's unlikely anyone on this train car knew any of that, as this was unfolding.

As for the man who did the chokehold, we reached out to who we believe is him. And when he answered the phone and I identified myself as a reporter, he said he wasn't interested in answering any of my questions before hanging up. However, a law enforcement source told CNN that he did speak to police before being released.

Omar Jimenez, CNN, New York.

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HOLMES: Well, it's often seen as the biggest horse racing event of the year happens on Saturday, but it's not parties, drinks, hats, all bets that have people talking about the Kentucky Derby right now. It is the death of four horses this week. Here's CNN's Nick Watt with a deeper look into what's happening on the track and behind the scenes.

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UNIDENTIFIED MALE: Who takes some wire to wire.

NICK WATT, CNN REPORTER (voiceover): Four horses dead in just one week. A very high-profile week, the build-up to the Kentucky Derby. The most exciting two minutes in sports, two horses have been euthanized for humane reasons after injuries on the track says Churchill Downs. Two more died suddenly of as yet unknown causes. Both of them trained by Saffie Joseph Jr.

SAFFIE JOSEPH JR., RACEHORSE TRAINER: Yes. I'm shattered basically, you know what I mean? Because I know it can't have -- like it's mind- boggling. Like the odds of it happening to it is a trillion.

WATT: Late Thursday, Joseph's entry in the derby was scratched. Given the unexplained sudden deaths, we have reasonable concern about the condition of his horses, said Churchill Downs, and decided to suspend him indefinitely until details are analyzed and understood.

Four in a week might be unusual, but racehorses do die. 28 died here at Churchill Downs last year according to Horseracing Wrongs and Activist organization that tracks the numbers. That track has not confirmed that total.

This sport of kings was already under scrutiny over horse injuries and deaths, particularly after a spate of fatalities at Santa Anita, California in 2019. Jerry Hollendorfer, a trainer, who had four horses die that year denied doing anything wrong but was banned from the track after our reporting.

BOB BAFFERT, RACEHORSE TRAINER: People don't understand that Jerry felt really bad when he lost those horses.

WATT: That's Bob Baffert, racing's grand old man and a key player in a scandal that still hangs over Churchill Downs's horse, Medina Spirit, superstar winner in 21 died later that year. And later stripped of that win after a failed post-race drug test. Baffert though denies wrongdoing, is still banned from this fabled track.

We have full confidence in our racing surfaces. Say the track's owners after the four deaths this week. We continue to press for answers. The surface is often blamed but we might never know exactly why these horses died.

JOSEPH: It's not the surface. I run into a bad streak here.

WATT (on camera): Now, that trainer, Saffie Joseph Jr. was supposed to have a runner in the derby itself Saturday, not anymore. That entry has been scratched. And we have heard from Churchill Downs that Joseph has been suspended. "Given the unexplained sudden deaths, we have reasonable concerns about the condition of his horses, and decided to suspend him indefinitely until details are analyzed and understood."

This is not what horse racing needs. This time of year. They want us to be talking about mint juleps and hats, not humane euthanasia and dead horses.

Nick Watt, CNN, Los Angeles.

(END VIDEOTAPE)

HOLMES: Now, thanks to Nick Watt. Now, after his suspension was announced by Churchill Downs, Saffie Joseph Jr. spoke with CNN affiliate WDRB and said, "I'm definitely -- most definitely, I am a scapegoat."

[02:55:14]

Now, Jamie Foxx is speaking publicly for the first time since his undisclosed "medical complication last month." In an Instagram post, the actor said he appreciated all the love and is feeling blessed. Foxx had been filming in Atlanta, but a source says the medical emergency did not happen on set.

Meanwhile, Fox Network announced that Nick Cannon will replace him as host of the music-related game show, Beat Shazam. In a statement, the network wrote. "Everyone at Fox Entertainment wishes Jamie well as he continues his recovery."

Thanks for watching and spending part of your day with me. I'm Michael Holmes. CNN NEWSROOM continues with Kim Brunhuber straight ahead.

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