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Erin Burnett Outfront

Suspected Cop Killer Caught; Nurse Defies Maine Quarantine; Al Qaeda Bomb Makers Survived U.S. Air Strikes

Aired October 30, 2014 - 19:00   ET

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

ERIN BURNETT, CNN ANCHOR: OUTFRONT tonight, breaking news. Suspected cop killer Eric Frein on the run from a thousand police officers for the past six. Moments ago captured. We have the breaking details coming up. Just finding out at this moment where he was, the stunning story.

And the nurse showdown. Kaci Hickox defying the governor of Maine. Refusing a compromise on a quarantine. The president of the United States is in Maine right now. So after so many Ebola victims that met with him, why won't he meet with her?

And Suze Orman on Apple's CEO Tim Cook's announcement. Why she says she was even more successful after she came out.

Let's go OUTFRONT.

Good evening. I'm Erin Burnett. OUTFRONT tonight breaking news. CNN just learning a suspected cop killer has been caught. He was on the run in the Pocono Mountains for 48 days. A thousand people were looking for him. Finally in custody just moments ago.

Eric Frein, a self-taught survivalist, is accused of killing a Pennsylvania State Trooper and injuring a second in a shooting in September. He had successfully evaded thousands of police ever since, leaving an entire state on high alert. More than 1,000 officers, as I said, from several states actually, had been hunting for him in the mountains. The search has cost millions of dollars, forced schools in the area to close.

Susan Candiotti is OUTFRONT.

And, Susan, what are you learning about how he was captured and where? I'm now seeing something about an airport hangar. What's your understanding about how this finally went down?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Well, we're still getting those details in for you, Erin, at this hour. Only that he was armed. And he was taken into custody without incident. We're not sure and we don't have it confirmed exactly how far away he was from the original barracks where the shooting originally happened back on September 12th.

Eric Frein on September 12th, killing a Pennsylvania State Trooper, as well as injuring another. He's been on the run all that time. There have been many, many sightings of him during the course of almost six, seven weeks now. And finally news of his capture.

Stand by. I'm getting more information now. Hello?

BURNETT: All right. All right. It looks like she's actually on the phone. Sorry. I wasn't sure whether she was talking to producers. She's on the phone right now getting more.

As we get more information from Susan, we're going to bring that to you because, as I said, the situation is fluid. We're just getting the information now.

As we wait for Susan to get that information and bring it to you, I want to bring in our law enforcement analyst Tom Fuentes and former Navy SEAL Cade Courtley.

Tom, when you hear the basics that we have here as we're getting more, what's your understanding? What possibly could have finally happened?

I mean, I think this is -- it's safe to say it's pretty stunning that somebody went 48 days evading a thousand or more people who were looking in the very area in which he was found.

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, in the dense woods like that you could go -- you could walk within two feet of somebody and not realized it. You completely miss them. So that's part of it. They try to use the infrared equipment, and put it in helicopters or balloons and drones. And you know, unfortunately if he's digging holes through his training, hiding his body to keep warm. And therefore keep out of sight then they wouldn't pick up those signatures either of this body.

So there's a number of ways that this was, you know, a more difficult search. And plus the idea that the way the police had to go about it. They have a marksman who was able to shoot them from hundreds of yards away with a scope rifle and is very skilled marksman on his own. So it wasn't like they could just go, you know, on a nature hike walking through the woods looking for him. They had to be very careful and very deliberate. And that's a huge difficult area to cover.

BURNETT: And Cade, what's your understanding? Our understanding at this moment right now by the way is that he was armed when he was found which is in the past moments. That he had a weapon. That this did not go to a shootout but he is alive.

I think a lot of people expected that this would not end that way.

CADE COURTLEY, FORMER NAVY SEAL: I would agree with that. I think this would sort of be the blaze of glory sort of final chapter for this guy based on how he had planned this.

Tom brought up some great points. The guy had plenty of water, plenty of food, and relatively good temperatures. Since this started the average temperature has dropped over 30 degrees. So in a survival situation, the most important is what is going to kill you first. Find shelter. And as far as I understand, they found him in a structure. That's -- you know, he kind of set himself up for failure there.

BURNETT: All right. And let me bring in Susan Candiotti again in terms of where he was when we talked about the temperature dropping 30 degrees over this 48-day period he was on the run.

Susan, what more do you know? Now I know you're just on the phone with a source.

CANDIOTTI: Exactly. Just got off the phone with a law enforcement source who tells me that he was in fact taken into custody without any shots being fired by the U.S. Marshal Service at a small airport -- at a hangar at a very small airport. There are several of them in that vicinity -- in that area. And it is near Blooming Grove Barracks. Now in the airport itself I think around Tannersville. Tannersville is where he was picked up according to our source.

The state police will now be taking custody of him. And he'll be booked, et cetera, but he was taken into custody again without incident. No shots fired. Apparently didn't give much resistance, if at all, by the U.S. Marshal Service. They were the ones that tracked him down in the end. But he was immediately turned other over to the state police.

BURNETT: All right. And Susan, I'm just bringing Cade here. I want to ask you another question, but I want to give his chance to respond to what you just said.

Cade, you just heard Susan say that he was found in an airport hangar, in a small airport near Tannersville, the Poconos Mountains, is my understanding, in Pennsylvania. How long do you think he could have been there and not been noticed?

COURTLEY: That's a good question. But again, I'll go back to the point where I said, in survival, the first thing that's going to kill you is the first thing you need to address. And in this case, with the temperatures dropping to below zero in the evenings, he decided to go from the cover of the woods to a structure. And any time you're in a populated area, there are more people that potentially will see you.

And that's probably what happened in this particular case. Could have been there for a couple of days. Maybe a week. But as we all know now, he got -- he was seen and he was caught.

BURNETT: And Spider Marks is with me now also, our CNN military analyst who's focused on survival skills, survivalism.

Spider, how surprised are you that this happened the way it did? That it took 48 days for them to find him? And then finally as we said, we're just reporting now, he's actually found in an airport hangar.

MAJ. GEN. JAMES "SPIDER" MARKS, CNN MILITARY ANALYST: Well, you know, Erin, I think one of the things that this survivalist figured out early on is he got off line. He stopped using any means of digital communications. He stopped texting and he went to ground. So if you don't have digital exhaust, it's very difficult to find somebody as Tom and Cade have described in this incredibly tough, very dense terrain. And he knows it better than anybody else.

Plus, when he went about to execute these missions that he took on early on, 48 days ago, this was not a surprise. This was not something that he decided to do on the spur of the moment. So he had supplies and he was prepared for this type of eventuality.

BURNETT: And Susan, from your reporting, I know literally you're on the phone so she may be on the phone as I'm asking. But let me ask you the question now, do you know what happens to him now? You said it -- I know U.S. Marshals were involved. But now he's been transferred to state authorities. What happens to him now?

CANDIOTTI: Well, the normal procedure of course would be having a first hearing once he is taken to the state police barracks and then, of course, he would be booked. He would be photographed. He would be fingerprinted, put in jail until that very first court appearance could be scheduled. And you know, we've been watching some of the reports that from other reporters also in addition to ours who've been watching this for a very long time.

One reporter is saying that -- the word was they were going to try at some point to even use the handcuffs that belonged to the officer who was deceased. That would be quite something if that actually does happen. But, you know, I don't know how quickly it will take for him to make that first court appearance, but I'm sure it will be as soon as they get all the paperwork done.

BURNETT: Yes, poignant that you talk about them using the handcuffs of the officer that he killed.

CANDIOTTI: If in fact that happens. Right.

BURNETT: Yes. And let me just show everyone what we're talking about right now. This has been going on in the Pocono Mountains in Pennsylvania. This is 48-day search for this fugitive Eric Frein who killed an officer, tried to kill another. This is the map here, as you can see, of the little spot where he was found, which is an airport hangar, a very small airport in Tannersville is our understanding.

So I just want to give everyone a sense of what we're talking about here on the western side of the state. It is obviously very remote. And you've got a lot of woods there.

Tom Fuentes, the question that we have, though, I think that surprises so many when you think about where this happens and how many days this has gone on, that this was someone who tried to kill law enforcement. Had a history of saying that the -- planning at attack, killed a police officer.

Are you surprised this did not end in a blaze of glory? He had a weapon. But he didn't kill himself. And he didn't kill anybody as they were capturing him.

FUENTES: Well, I would have expected that blaze of glory much earlier in this. I'm sure he was in a position, and probably many times might have had officers in the crosshairs of his scope rifle who were looking for him and that he might have seen them and they didn't know he was there because he's hiding in the woods and behind trees. So I would have thought earlier on that he's probably going to kill additional police officers. The fact that it went this long, then I think maybe he just got into the mode of trying to survive. And that would mean, again, finding shelter at night, finding food.

And that's the way Eric Rudolph was captured after all the months he was hiding in the woods but he was in a warmer climate. He eventually comes into town at 2:00 in the morning, he was rummaging in the dumpster when a police officer captures him. So I'm not surprised. Now that it's gone so long, I thought that might happen. They might sneak up on him at some point.

BURNETT: Right.

FUENTES: When he's sleeping or hiding.

BURNETT: All right. Tom, Spider, Cade, thank you. Susan Candiotti, thank you. Susan is going to keep working her sources. We have other reporters now on the story trying to get us the exact details of what went down in that airport hangar. As we get that this hour, we're going to bring it to you throughout our coverage tonight.

Next, we also are going to give you the latest on the Ebola crisis. The nurse at the center of the quarantine controversy is not standing down tonight, and her boyfriend just spoke to reporters moments ago. We're going to bring that to this you next.

And one of the world's most sophisticated bomb makers survived an American airstrike. Now they believe he is building bombs that could get past airport screening.

And Ferguson police chief Thomas Jackson. Tonight he tells OUTFRONT that despite what others say, he is not stepping down.

(COMMERCIAL BREAK)

BURNETT: Tonight negotiations between the state of Maine and Nurse Kaci Hickox over her mandatory quarantine totally broke down. This morning a defiant Hickox and her boyfriend left their Fort Kent home for a bike ride around town. They were followed closely by state police.

Maine's governor said he would use, quote, "the full extent of his authority to protect public safety."

Alexandra Field is OUTFRONT tonight in Fort Kent, Maine.

And Alex, I know just a couple of moments ago Casey's boyfriend who she's been living with where you are right now talked to reporters. What did he say?

ALEXANDRA FIELD, CNN CORRESPONDENT: Well, he came out to talk about that bike ride that we've all been talking about all day long. I mean, he wanted to I think -- he says that they were out on a trail the whole time. That they didn't go into town. They didn't go to a grocery store. He says their goal here is not to scare anyone or make anyone uncomfortable. But at the same time we know that Kaci Hickox has been very uncomfortable being told that she would have to remain in quarantine.

What her boyfriend said, well, we did not discuss tonight wads what could shape up to be a legal battle between Kaci Hickox and officials here in Maine.

(BEGIN VIDEOTAPE)

KACI HICKOX, QUARANTINED NURSE: We just wanted to enjoy this beautiful day.

FIELD (voice-over): Kaci Hickox is out to make a point.

HICKOX: There's no legal action against me. So I'm free to go on a bike ride in my hometown.

FIELD: Almost a week after returning from treating Ebola patients in Sierra Leone, the nurse who is supposed to be quarantined left her house today surrounded by cameras. Her lawyer calling the ride a good way to exercise her right.

NORMAN SIEGEL, ATTORNEY FOR KACI HICKOX: There's absolutely no justification for the state of Maine to quarantine Kaci.

FIELD: The governor of Maine is not amused.

GOV. PAUL LEPAGE (R), MAINE: I don't want her within three feet of anybody. Her behavior is really riling a lot of people up. And I can only do what I can do. And we're trying to protect her. But she's not acting as smart as she probably should.

FIELD: The people in the tiny town of Fort Kent are troubled by it.

UNIDENTIFIED MALE: I think she's being a little stubborn. You know, and she's -- she had 21 days to stay put and one week has already gone by. So what's another two weeks?

FIELD: Hickox says she doesn't see a reason to stay home. The state doesn't seem to understand why.

MARY MAYHEW, MAINE COMMISSIONER OF HEALTH AND HUMAN SERVICES: Staying at home for the duration of this 21-day period, November 10th being the last day, does not seem like a burdensome request.

FIELD: The governor's office says negotiations with Hickox collapsed over proposed guidelines that would allow her to leave her house but would keep her out of public places. And at least three feet from anyone else. LePage says he'll take legal action if necessary to protect public safety.

LEPAGE: Let's put it this way. I'm going to use the legal provisions to the fullest extent that the law allows me. And I just hope she recognizes that. FIELD: Hickox already went one round with New Jersey Governor Chris

Christie who quarantined her in a tent at Newark University Hospital. She tested negative for Ebola twice and says she has no symptoms.

Back in Maine she isn't standing down.

HICKOX: I still believe that I'm fighting for something much more than myself. There are so many aid workers coming back. It scares me to think of how they are going to be treated.

(END VIDEOTAPE)

BURNETT: James Majka lives down the street from Kaci Hickox in Fort Kent, Maine. It's a small town. The population is just about 4,000.

Jim, thank you for taking the time to be with us tonight. Obviously you live near Kaci.

JIM MAJKA, KACI HICKOX'S NEIGHBOR: You're welcome.

BURNETT: I know today she went out on that bike ride. What's your feeling? The feeling of your neighbors, all of you who live on this street, on her decision to go out in public during the incubation period and to defy the quarantine of your governor?

MAJKA: Well, it just doesn't make any sense for her to not do the quarantine because she's not absolutely sure she doesn't have it, despite what she says. Until 21 days go by, she's not going to be absolutely positive, so that means no one else is. So it just makes common sense for her to stick to the quarantine, and everything will be fine. But she's not doing that. And people are kind of wondering why. It's not a big deal.

BURNETT: Right. So let me ask you. I don't know -- my understanding is maybe she hasn't lived there that long. I don't know if, you know, people know her well. If you have any sense of that, her ties to the community. I mean, do you have any sense as to why she is doing this?

MAJKA: No, I do not know her. They haven't lived here very long at all. This house behind me has been vacant for a while. I'm not sure how far away she's from. But her boyfriend goes to UMFK to nursing. And you know, it just not -- it just doesn't make sense to not abide by the quarantine with something like this. The military has to do a quarantine. But I just don't understand why she's not doing it. And a lot of people don't either.

BURNETT: You know, we've seen police cars outside Kaci's home today. We've all been seeing this during, you know, all day on video. The governor of Maine said that the police car actually was there to protect Kaci. That there have perhaps been some threats against her. Do you think it's possible that that happened? That anyone in the community threatened her?

MAJKA: I have not heard anything like that. I hope it's not true. I had not heard anything. This is a very small close knit community. I suppose it's possible, but it's not likely. BURNETT: All right, well, Jim, thank you for taking the time to join

us tonight. We appreciate your time.

MAJKA: OK, thank you.

BURNETT: All right. Jim Majka, as we said, lives right down the street from Kaci Hickox in Fort Kent, Maine.

OUTFRONT next, senior terror leaders survived the first night of the major airstrike campaign launched by the United States. Now there are fears that they are building sophisticated bombs and plotting new attacks on the U.S. homeland. Some were plotters in the 9/11 attacks.

Plus for days, officials have said that Ferguson's police chief is about to resign. Tonight he speaks OUTFRONT, says it's his job to complete.

(COMMERCIAL BREAK)

BURNETT: Tonight, new concerns al Qaeda terrorists survived American airstrikes in Syria and are actively plotting to attack the United States. They believe a very skilled bomb maker who knows how to hide explosives on commercial flights is on the loose. The U.S. says the terrorists pose a serious risk to America national security.

Barbara Starr is OUTFRONT.

(BEGIN VIDEOTAPE)

BARBARA STARR, CNN PENTAGON CORRESPONDENT (voice-over): These U.S. attacks apparently did not work. The first missile strikes in Syria last month were supposed to stop one of the most deadly al Qaeda affiliates, the Khorasan group, al Qaeda operatives the U.S. says are a direct threat.

LT. GEN. WILLIAM MAYVILLE, DIRECTOR OF OPERATIONS, JOINT STAFF: The intelligence reports indicated that the Khorasan group was in the final stages of plans to excuse major attacks against Western targets and potentially the U.S. homeland.

STARR: But now U.S. intelligence believes two key Khorasan leaders are still alive, still plotting against the U.S.

While the coalition has conducted over 300 airstrikes against ISIS in Syria an administration official tells CNN there have been no new military strikes against Khorasan. Nobody knows where they are.

SETH JONES, RAND CORPORATION: What's actually happened is senior Khorasan members, Fadhli, David Drugeon, and a number of other individuals have scattered to various safe houses in Syria. Haven't stayed together, but have scattered, making it more difficult to target.

STARR: After getting help from al Qaeda's master bomb maker, Ibrahim al-Asiri, the group is capable of making bombs that could potentially evade airport screening. The U.S. urgently needs to find and target two key operatives. Muhsin al-Fadhli, a longtime Osama bin Laden insider. He moved to Syria about a year ago. Now involved in plots against the U.S.

JONES: The Americans and a range of other European countries are using all means possible to collect intelligence on Khorasan including Fadhli. Human signals, anything they can get their hands on to identify his whereabouts.

STARR: The hunt is also on for French jihadist, David Drugeon, a skilled Khorasan bomb maker. Also with ties to core al Qaeda in Pakistan. He has facilitated the movement of European jihadists to Syria and back to Europe, where they then can travel to the U.S.

PAUL CRUICKSHANK, CNN TERRORISM ANALYST: These two men now know they are marked men, so they'll be taking huge proportions to stay safe. So it's going to be a real hard job to get them.

(END VIDEOTAPE)

STARR: So how did they disappear? Did they really disappear? U.S. analysts say it's now possible they were never even at the site the night the U.S. Navy struck. What are the chances they are still alive? One analyst telling me 99.5 percent -- Erin.

BURNETT: Barbara Starr, thank you.

And next, more on the breaking news, a suspected cop killer on the FBI's most wanted list. He was on the run for six weeks. 48 days. Found tonight and we have some new details coming in exactly where, how long he was there, whether they'd already been looking there.

We've got these details coming in. We'll have that right after this.

And embattled police chief in Ferguson Thomas Jackson speaks to CNN. That is coming to you along with my next guest who says the American system is capable of bringing justice to unarmed black teens.

(COMMERCIAL BREAK)

BURNETT: Breaking news: A defiant Ferguson police chief speaking out for the first time since government officials told CNN he's going to step down. His resignation, according to officials, is part of the city's efforts to reform the police department.

But in an exclusive interview, Chief Thomas Jackson was adamant. He says he is not going anywhere.

Jason Carroll begins our coverage OUTFRONT live in Ferguson.

Jason, you spoke to the police chief. He was adamant. Why?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Certainly. And first of all, Erin, look, he's been under a lot of pressure. He's been under a lot of strain. But what he's basically been doing is listening to advice from his supporters, his wife, his children, his family, his boss, the city manager, the mayor a well -- all of them saying the same thing, which is basically to stay and get the job done.

(BEGIN VIDEO CLIP)

CHIEF THOMAS JACKSON, FERGUSON POLICE: I report to the city manager, period. And as long as he and the council support me, then I intend to stay. I certainly have the support of the police department in the community. I have a lot of support from the community. I think this is -- this is my job to complete.

CARROLL: Whether you have support in the community, I think we can agree that's debatable. There are a number of people in the community who say it's time for a change. It's time for you to step down. Why stay?

JACKSON: I do have a lot of support in the community. And as I said, this is my job. This happened on my watch. And I intend to see it through. I think I'm very capable of doing that. And I have a lot of people behind me that believe so as well.

(END VIDEO CLIP)

CARROLL: Well, one of those who does not support Jackson is U.S. Attorney Eric Holder, who basically said the time has come for a wholesale change in terms of Ferguson's leadership. I did ask Jackson about that as well, Erin, and basically told me that if the attorney general wants him to resign, he should step up and say, resigned.

But as for now, he says he's not going to do that. You heard him there. He wants to stay and get the job done -- Erin.

BURNETT: All right. Jason Carroll, thank you very much.

And you can see a lot more of Jason's interview with Chief Jackson tonight on "CNN TONIGHT" with Don Lemon. He's live in Ferguson and also on "AC360."

I want to bring in CNN legal analyst Mark O'Mara, and our political commentator, Marc Lamont Hill.

Mark O'Mara, let me start with you. I know you believe the police chief should go. I think you both probably agree on that issue.

But you still have faith in the system. You have an op-ed coming out on CNN.com that you shared with me. And I just wanted to read a line from it, because you take a stand here. You say, "I reject the notion that the system isn't capable of dispensing justice in cases where young, unarmed black men and women are killed."

That is a statement so many people passionately think you are dead wrong on.

MARK O'MARA, CNN LEGAL ANALYST: I agree. But we look back over the past couple of years and I look at many of the cases that have shown that we will, in the right cases, where the fact support it, show justice, not just generally, but to young black males. And we can look at the Renisha McBride murder that occurred and that conviction. We can look at Michael Dunn. And the fact that Jonathan Ferrell, when he was shot 11 times by a police officer, that officer is facing second-degree murder charges.

I know that there's frustrations that exist in a case like Mike Brown. I cannot agree we should allow those passions and those emotions to override the fact that the system does provide justice.

BURNETT: And you say Michael Dunn who murdered Jordan Davis, they were playing music too loud. He's getting a life sentence, that earlier was a mistrial. So, there are some examples.

What do you think of the sentence? He rejects the notion that the system in the United States is incapable of dispensing justice to unarmed black men.

MARC LAMONT HILL, CNN POLITICAL COMMENTATOR: I have to disagree with Mark. I think Mark is right to the extent that the system can provide justice. There are examples where it has. Renisha McBride is an example, in Detroit, not too long ago. Michael Dunn is another example. I could offer a counterexample with Sean Bell and, although, he'd now probably disagree, George Zimmerman. You know, we could go on down the list of counterexamples.

But I don't think it hinges on if a person is found innocent or guilty. Sometimes juries get it right. Sometimes juries get it wrong. That doesn't speak to whether the system is capable of dispensing justice, which is Mark's point. It's very interesting point.

Where I disagree, though, is because there are standards and mechanisms inside of the law that sort of normalize white supremacist ideas of black -- for example, I'll give you an example -- the reasonable man stand says, essentially, you'd ask me, what would a reasonable person do under these circumstances?

If we live in a country that normalizes the idea that black people deserve to die, that black people are dangerous, that black men can be vulnerable in the street, that lethal forces is normal for black folk, then a juror can use a reasonable man's standard and say, yes, I would do that, too. We're codifying and normalizing a white supremacist anxiety about black people, and then we double down on it with laws like stand your ground in certain states, which intensify the violence rather than reduce it.

BURNETT: Mark, you're shaking your head.

O'MARK: Well, it's just a great -- it's a gross overview of what really happens. I understand there are biases in the system against young black males. I've been arguing that for the past few years, knowing I quite well representing a bunch of them in the past 30 years of practice.

But we do need to deal with the subtleties that show up against young black males. I agree with them. But we can't throw out the system and we can't work outside the system to get it accomplished. Marc, I think you'd agree that those problems need to be addressed and

they are being addressed in situations like the Mike Brown case. We're talking about it for months at a time. And we're talking about other cases. But we have to work with a system, because there's no alternative. What else do we do but try to make it better with the subtleties that exist?

BURNETT: Well, we ended up in a situation, right, where people expect -- and people can be wrong. But there's been a lot of anger. People expect there could be violence if there's not an indictment, Marc.

HILL: Yes.

BURNETT: That's what people think could happen. But you're stuck in a situation where do you just indict? Because you should have a jury trial as opposed to the grand jury.

Now, let me just quote from Mark O'Mara again. But, Mark, I'm gong to ask give Marc here a chance to respond to you.

O'MARA: Sure.

BURNETT: He says the grand jury should not consider the broader social issues. They should focus on the facts. And, in fact, he believes that the grand jury system is still a good way to do things.

That's what he says. Forget the social significance. Don't indict this guy just because the court of public opinion says do it. Do it on the facts.

HILL: Oh, I agree. I don't want someone to be indicted because of the court of public opinion. Historically, that doesn't work out so well.

BURNETT: Which by the way, the court of public opinion, at least the vocal court says Darren Wilson is guilty.

HILL: Absolutely. I don't want Darren Wilson to be indicted based on the court of public opinion. I've worked to defend political prisoners and defend wrongly accused people for a long time. I don't want that. I want the facts to bear out.

I think what people are saying, though, is that this grand jury process is so nontransparent. The standard for an indictment is so low that they'd to see this out in the open, and in actual trial. And if Darren Wilson is guilty, let him be not guilty, I think that's what people are saying. They're not saying forget the facts. Let's just go and hang this guy.

(CROSSTALK)

BURNETT: They -- people don't seem to believe the facts would -- is not going to believe the facts.

HILL: And they don't trust the system can produce just verdict. There's a legitimate critic of that. BURNETT: All right. Thank --

O'MARA: Well, it is good we're going to have the transcripts to us, no matter what happens. We'll at least see what they did. So that's one good change that's going to be made with the grand jury system.

BURNETT: Absolutely. And, of course, Mark O'Mara's op-ed is going to be put on CNN.com overnight. I hope everyone gets a chance to read it.

Tonight, Hawaii's National Guard has been called in as a 2,000-degree river of molten lava inches closer to homes and businesses. The pictures here are incredible. The march of lava from the Hawaiian volcano is now 100 feet from the nearest home. The inferno is showing no signs of stopping after engulfing swathes of major roads.

Martin Savidge actually had a chance to fly over the volcano, and he's OUTFRONT.

(BEGIN VIDEOTAPE)

MARTIN SAVIDGE, CNN CORRESPONDENT: Erin, what we wanted to do is bring you to the source of all the trouble bearing down on Pahoa. And to do that, about a 6-minute helicopter ride, going about maybe 10 miles up slope. This is part of the Kilauea volcano, but this is actually -- we're heading towards the Pu'u O'o vent.

It was back in June when lava began flowing out of this area, pretty much sealed the Pahoa here. We're going to bring you right over it. It's truly a remarkable opportunity.

It's not that far, it's only 10 miles down slope. You get to the town of Pahoa, it looks like a totally different world.

Look at this. You sweep over the top. And look down, inside of that vent. And you're literally staring back in time.

You can see all the smoke and all the steam, the heat rising off of there.

Fortunately, good trade winds are pushing it away from the town. But you're looking at an ancient scene. And you're looking at a scene actually that's been repeated many times over and over here in Hawaii. It is after all what created the Hawaiian Islands.

But unfortunately for the people of Pahoa, it is also likely to do a great deal of damage in their town -- Erin.

(END VIDEOTAPE)

BURNETT: All right. Marty, thank you very much. It's just incredible just to watch that. To have the opportunity to go up and show it to you.

Well, next, the breaking news. New details in the capture of Eric Frein, the suspected cop killer, had been on the run for 48 days. We have some information just coming in on where he was, how long he was there, when they have been looking there.

Plus, the CEO of Apple, Tim Cook, proudly announcing today that he is gay. Suze Orman will be here. She says coming out made her more successful than ever.

And then this.

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BURNETT: Breaking news: Eric Frein, the man suspected of killing a Pennsylvania state trooper and wounding another was on the run for more than six weeks, 48 days. He was eluding about 1,000 law enforcement officers. The search cost millions of dollars. So many were just stunned that he was able for so long to evade capture -- but, tonight, under arrest.

Susan Candiotti joins us now with new details of that arrest.

And, Susan, I mean, obviously, we have the shocking thing. There was no blaze of glory, yes. He was armed. But he is alive and he is in custody.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: That's right. Apparently taken into custody without any incident at all, and as importantly, without one shot being fired. This is a man suspected of killing two Pennsylvania state trooper -- excuse me, one Pennsylvania state trooper and wounding another. We hear that he was found -- get this -- in an abandoned airstrip between the towns of Tannersville and Henryville. That's in the area of the Pocono Mountains. This after a massive manhunt that went on since September 12th.

Finally, the U.S. Marshal Service and Pennsylvania state troopers moving in on him. He is being brought to a police barracks after he will be mug shot and fingerprinted. Then he'll make his first court appearance as soon as they can do it.

Back to you.

BURNETT: All right. Susan, thank you very much. We're continuing to get more information on this story. It's funny how he was found, that he had been in that hanger all this time.

Well, I'm gay -- that's what the CEO of Apple said today, making Tim Cook the first Fortune 1000 CEO to publicly acknowledge that he is gay. In a column for "Bloomberg Businessweek", Cook writes he'd long been open about his sexual orientation, but had just not discussed it publicly until today.

(BEGIN VIDEOTAPE)

TIM COOK, APPLE CEO: We have one more thing.

(CHEERS) BURNETT (voice-over): Tim Cook, Apple CEO, successor to the legendary Steve Jobs, self described uncle, engineer and sports fan -- added one more thing today. "I'm proud to be gay, and I consider being gay among the greatest gifts God has given me."

Cook, who turns 54 this weekend, comes from humble roots. The son of an Alabama shipyard worker, an Auburn grad. Cook began his career at IBM. In 1998, Steve Jobs offered him a job at Apple.

MIKE ISAAC, TECHNOLOGY REPORTER, NEW YORK TIMES: There's sort of a courage that it took to do something like this, being the first CEO of a Fortune 1000 company to come out, you know? So, it means a lot. You know, he's not just Steve's successor anymore.

BURNETT: Cook's sexual orientation was an open secret in the business world.

JOHN BROWNE, FORMER GROUP CHIEF EXECUTIVE, BP: I think Tim Cook is fairly open about the fact that he's gay at the head of Apple, isn't he?

Oh, dear. Was that an error?

UNIDENTIFIED MALE: I don't know.

BROWNE: I don't know.

BURNETT: John Browne was outed in 2007, and soon resigned as CEO of oil giant BP.

BROWNE: CEOs are -- have been certainly in history, very worried about whether coming out will lose them customers, suppliers, government relations, investors, and will they be taken seriously by all and everybody.

BURNETT: This summer, Cook led thousands of Apple employees at San Francisco's gay pride parade, even tweeting out a selfie.

BROWNE: It's impossible to know why Tim Cook made this announcement now. You have to ask him. But whenever anyone makes a decision like this, it's got to be very welcomed. Indeed.

BURNETT: Earlier this week, at a little noticed event at his home state of Alabama, Tim Cook made it clear he wasn't going to be quiet about things that matter to him.

COOK: There is little if anything that matters more in our country than our basic tenets of equality and human rights. I have long promised myself to never be silent.

(END VIDEOTAPE)

BURNETT: And joining me now is the host of CNBC's "The Suze Orman Show", Suze Orman, who is openly gay.

And, Suze, you know, today, you went to your iPhone, and you asked Siri the big question on the day like this, is Tim Cook gay? And, well, here is what Siri said.

(BEGIN VIDEO CLIP)

SIRI: I think Apple's Web site should be able to help you with that.

(END VIDEO CLIP)

BURNETT: Siri is obviously not up-to-date on this one.

SUZE ORMAN, THE SUZE ORMAN SHOW: Yes, I know. I think everybody in the world knows that Tim Cook is gay, but Siri. So, Siri, if you're listening, get with the program.

BURNETT: All right, why is it that this is still big news? Why did Tim Cook feel he had to come out?

ORMAN: Well, think about it, Erin, he obviously felt he had to come out. But think about it, Erin, he is the very first CEO of a Fortune 500 company that has said he is gay.

Now, you know and I know, he can't be the only one. There's got to be other ones out there. So, it was a big step for him because it was the one thing that he was not hiding, but that he felt like he needed to do, at least according to what he wrote, to help all those who may need a little bit of encouragement to say it's, OK, look, you can do anything you want and still be gay.

BURNETT: And as you point out, people knew this in the business world. This was something that people knew to the point that they were not even sure that they were not supposed to say something about it, right? People knew. But when you talk about CEOs out there, according to the Human Rights Campaign, there are no openly gay CEOs in the fortune world. Now there is one. Statistically, there are perhaps tens of hundreds, and in this day and age, gay marriage becoming the law of the land more and more so every day.

That clearly there is still a stigma and there is still a fear.

ORMAN: And what is interesting, though, is that it only takes one person to make that step. You know, if you think back to it, Ellen DeGeneres when she came out, lost everything. She lost her show, she did everything, but she took that step. And that was the step that led to gay sitcoms and these other things that came from it.

Hopefully, today, and it is sad that it has to be that way, but it is that way, Tim Cook's coming out publicly will be the door-opener for a lot of other people that so want to come out but are just afraid to do.

BURNETT: And he made that choice. You know, there are others, John Browne from BP. He did not make that choice. He is very open about it now. But at the time, he was outed by somebody else.

In 2007, "The New York Times" magazine asked you, I was reading how they asked you. They asked you, "Are you married?" You said, "I'm in a relationship with life." You gave a lovely answer. You didn't talk about your sexuality.

They then followed up, "Meaning what? Do you live with anyone?" Then you said, "Yes, Kathy is my life partner." You answered the question, they -- you made a choice on the fly when you spoke to them. But that was very different, that was sort of somebody putting you on the spot.

ORMAN: Well, what was so sad about that interview that was done by Deborah Solomon, is that that was the time, and the interview was really supposed to be about my book that was coming out called "Women and Money", which was a very important book. Now, she is announcing to everybody that I am gay, and what I didn't want is for people to think that I had staged that.

I didn't want them to think that it was a marketing thing. You know, Erin, I never thought that I was in the closet. I've only ever been with a woman and everybody at CNBC knew I was gay. I mean, I never hid it.

But the truth of the matter is this -- I was always afraid of that reporter asking me the question outright. Are you gay? And then I would have to answer it, because how would I know how everybody would respond to that?

So, on some level, she did me the biggest favor in my life because it was after that article came out that I was able to stand on my truth in my own power and I became even more successful than I had been prior to that.

BURNETT: So, I was going to ask you, did anyone treat you differently after that interview. It sounds like you're saying yes, but if anything, in a more positive way. Was there anything negative that came from it?

ORMAN: There was nothing negative that came from it. And the positive thing that came from it was me and how I felt about myself. And I hope for Tim Cook, as well, he's going to feel more powerful, a more powerful person is a better leader, a better leader makes a better company. And I hope it shows up one day in Apple's performance.

BURNETT: All right. Suze, thank you so much.

ORMAN: Any time.

BURNETT: And OUTFRONT next, Jeanne Moos with this.

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BURNETT: Typically, a groom takes his lawfully wedded wife to -- bride, sorry -- to have and to hold. But it seems that one groom needs to hold on his grip in a big way. Here's Jeanne.

(BEGIN VIDEOTAPE)

JEANNE MOOS, CNN CORRESPONDENT (voice-over): Here is what happens when a groom really sweeps his behind off her feet and his.

Chuck Kenard (ph) just picked up Julie and continued carrying her to the reception while she managed to keep a grip on other bouquet, touche!

Notice the woman running to the rescue decided not to miss the shot.

(on camera): The bride had a cut on her forearm, she was bleeding, so was the groom. He actually took the brunt of the fall.

(voice-over): His arms cushioned her, the couple can thank the mother of the bride for posting the fall on YouTube for the world to see and joke about. What a way to cement your relationship.

(on camera): The bride thought the fall was hilarious, telling the news, who can really top that kind of wedding entrance?

(voice-over): Well, since you asked, number five: best wedding blooper, the cake feeding that swallowed the bride -- and the cake.

Number four: those beachfront weddings where the marriage starts out by being washed up.

Number three: taking the plunge when the dock gives out under the wedding party. The bride ended up dry with just the bottom of her gown wet. The one person suffered a fractured upper arm bone.

Number two, the bride who got zapped on a zip line by the groom as they made their grand entrance. No newlyweds were harmed in making this video.

On number one, the groom who got drilled with a drone shooting pre- wedding photos.

UNIDENTIFIED FEMALE: There is blood on that.

MOOS: Meet the photographer.

UNIDENTIFIED MALE: The couple, they were super cool about the whole thing. Obviously, I felt horrible.

MOOS: How super cool was the groom, despite having cuts to his head?

When marriage mishaps occur there is one wedding vow you can count on to be kept?

UNIDENTIFIED MALE: I'm YouTubing that, Brett (ph).

MOOS: So, this will be your wedding picture until death do you part, these two not only fell forward each other, they fell on each other.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

BURNETT: I like watching America's funniest home wedding videos. I think zip line one wins my favorite.

All right. Thanks so much for watching. Have a great night. We'll see you back here tomorrow.

"AC360" starts right now.