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Michael Brown's Stepdad Being Investigated for Inciting Riot; Charles Barkley Speaks Out on Ferguson; Awaiting Grand Jury Decision on Chokehold Death; Bombshell Lawsuit Against Bill Cosby

Aired December 03, 2014 - 07:00   ET

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

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): The National Guard is scaling back its presence in Ferguson, since protests have gotten smaller. But businesses are still reeling from their losses.

(on camera): How angry are you?

MUMTAZ LALANI, BUSINESS OWNER: Well, it doesn't help, you know. I'm mostly disappointed by the authorities, because last, twice, two times, the governor said that we will take care of that and the third time, they said we'll really have a National Guard here. And there's nothing to worry about.

And they didn't do their job.

LAVANDERA (voice-over): The destruction prompted this response from former NBA player Charles Barkley.

CHARLES BARKLEY, FORMER NBA PLAYER: That's like them jackasses who are looting. Those aren't real black people. Those are scumbags. The real black people, they're not out there looting.

LAVANDERA: There's also a dispute as to whether officials from the St. Louis Rams apologized to local police following the "hands up, don't shoot" demonstration by several players at Sunday's game.

St. Louis County Police Chief John Belmar sent an email to his staff saying the Rams chief operating officer called him Monday to apologize. The Rams say that's not the case. However, talks between the police and the team are scheduled to continue.

(END VIDEOTAPE)

LAVANDERA: And Chris, in perspective there on the video of Michael Brown's stepfather, that location where he made that outburst was in front of the police department here in Ferguson. That is several miles away from where we're standing. This was -- these were some of the first buildings that were set on fire. About the same time that that outburst was happening several miles away.

So that is probably something you're going to hear. If it does come that Louis Head is charged, you're probably going to hear that from his side in his defense, that how could he be held responsible for something that happened several miles away about the same time.

CHRIS CUOMO, CNN ANCHOR: Ed, I remember well, your reporting from there, and I was standing very close to where Mr. Head was when he said exactly what they have him on video saying. So we'll see what happens. Thanks for the reporting.

Let's bring in Neil Bruntrager. He's an attorney for Officer Darren Wilson. He's also general counsel for the St. Louis Police Officers' Association.

Counsel, it's good to have you this morning. The...

NEIL BRUNTRAGER, ATTORNEY, ST. LOUIS POLICE OFFICERS' ASSOCIATION: Good morning, Chris.

CUOMO: The St. Louis Rams, they come out, the do the "hands up, don't shoot" gesture. I want to talk to you about why you think they were doing it.

But why this kerfuffle with the police about whether or not they apologize? Why are the police spending time on this tit for tat? The team says there's no apology. Why are they doing this?

BRUNTRAGER: Well, I don't know, Chris, and I think that it's enough that we -- we came out and said, "Look, we don't like it."

And the reason that we don't like it is, look, we don't for a moment challenge their right to make such a statement. The problem that we have is that we think it's based on a false narrative. Unfortunately -- unfortunately, that false narrative has become the brand for what has happened since August the 9th. So we've got to get used to it, Chris. That's what we're going to continue to see. But again, just because it's become the brand doesn't mean we have to say we accept it.

CUOMO: But it also shows -- it also shows the mindset about how you want to move forward that I think is drawing criticism, right?

BRUNTRAGER: Well, yes, but keep in mind -- keep in mind we, as an association, the policing community has made every effort in the world to come out and talk to people. People don't want to talk to us right now.

So again, I don't think people should mistake this for the fact that we don't want to talk. These are conversations that we need to have. We need to talk about race. We need to talk about community relations. We need to talk about training. And those conversations are conversations that need to take place now. They needed to take place ten years ago.

But again, this brand that we're concerned about, this false narrative that we're concerned about shouldn't be what defines us, and that's what we're saying, is that, look, you have a right to say it, but that doesn't mean I have to like it or agree with it as a brand.

CUOMO: Right. Again... BRUNTRAGER: I think we're stuck with it, though, Chris.

CUOMO: You understand that it's not just about the Mike Brown shooting. Right? That it's been adopted about the concerns across the country, yes?

BRUNTRAGER: Sure, of course I do. And so does -- so does the rest of the department. There's no doubt about that.

CUOMO: Yes and no. Because when you say it's a false narrative, you're construing it very narrowly to what happened with Mike Brown and your reckoning of the facts as we understand them in that case. How is it a false narrative even with respect to Mike Brown? How is it a false narrative?

BRUNTRAGER: Because it relies almost totally on the testimony of Dorian Johnson, and he is the single most discredited witness in this entire matter.

CUOMO: Counsel...

BRUNTRAGER: And so again -- go ahead.

CUOMO: You know the witness sheet. You know what they did with the spreadsheet.

BRUNTRAGER: Yes. Sure, I do.

CUOMO: Is it true that 16 witnesses said he had his hands up, and two said he did not?

BRUNTRAGER: In some, well, no; there were more than two that said he did not. But look, in some way, shape or form...

CUOMO: No, no, no, no. This is really important, because. People keep getting this wrong. Twenty-eight witnesses. Sixteen said hands up. Two said no hands up. The rest either weren't asked the question or didn't have a responsive answer for the panel. Isn't that true?

BRUNTRAGER: I don't dispute your math, Chris, but look, you and I both know as lawyers that have been in a courtroom...

CUOMO: Yes, sir.

BRUNTRAGER: ... you don't rely on the testimony of eyewitnesses alone.

CUOMO: Sure.

BRUNTRAGER: You have to overlay over that testimony the physical evidence. And the physical evidence supports the fact that he did not have his hands up.

CUOMO: And look, and the grand jury exonerated. So that's the -- that's the end of the discussion. But...

BRUNTRAGER: Sure.

CUOMO: ... in terms of was Officer Wilson wrong or not, you have to respect the process.

However, the "don't shoot, hands up," there's plenty of reason to believe that Michael Brown had his hands up at some point. He may have lowered them, he may have charged. Those were all questions for the grand jury, not for us.

BRUNTRAGER: Sure.

CUOMO: But that's not really a false narrative. That's not a lie to say "hands up, don't shoot."

BRUNTRAGER: It is a false narrative to the extent that what this represents is the fact that they claim that Michael Brown stood there and basically was executed. And we know that that's not the evidence. You can't take that position when you look at that blood spot, which is 25 feet from his body. That absolutely tells you that he was coming back in the direction of Darren Wilson.

CUOMO: Right. But it is also...

BRUNTRAGER: The grand jury has spoken, Chris. You and I both agree on that. And that's where we are.

And I'm not telling you, I'm not telling you that I don't understand that people have accepted the brand. It's convenient. And I understand that that is now the symbol that we're going to have to live with, and we are.

But that doesn't mean that we can't make that same statement, as police officers, and as police associations that say, "Look, we don't want to be defined by that act. Because we don't think that act took place."

CUOMO: Right.

BRUNTRAGER: Beyond that we have to have the conversation.

CUOMO: Understood. But you don't want to be tone deaf, either. And...

BRUNTRAGER: No, I don't.

CUOMO: And you have people out there now who think they're supporting the police by saying, "Hey, people who put their hands up and say 'hands up, don't shoot,' that's based on a lie. They're liars." You don't want that out there. That doesn't help the police.

BRUNTRAGER: Of course (ph).

CUOMO: And I would argue it's intellectually dishonest, because you know that, really, if you're going to call it a brand -- I wouldn't call it that -- but I would say it is a metaphor for concerns about policing in communities that lead to the conversations that you say we need to have and aren't having yet. Fair point?

BRUNTRAGER: Well, that's -- that's the word that you choose in terms of brand and metaphor. I choose a different one. And we know that words matter based upon all the other news we're hearing, so yes.

CUOMO: But do you hope that you can move past this arguing over whether they should have their hands up and why they feel necessary to make this demonstration?

BRUNTRAGER: Yes, and I think we already have. So again, I mean, at this point there was a single gesture. I think that we've made that gesture, but we need to move forward. That's all.

CUOMO: All right. I appreciate you being here. Both -- because you wear two hats. You're Darren Wilson's lawyer abut also, you represent the brothers and sisters in the police in St. Louis; and that's going to be the most important component moving forward. Thank you very much, Counsel, appreciate it.

BRUNTRAGER: Thanks, Chris.

CUOMO: Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: All right, Chris. Meanwhile, there is potential for growing unrest in New York City today. A grand jury could decide whether to indict an NYPD officer who put an unarmed man in a chokehold. Eric Garner died after repeatedly saying, "I can't breathe."

Police in New York say they are at the ready, hoping to avoid the chaos that consumed Ferguson, Missouri, and Alexandra Field is following the latest for us.

Good morning.

ALEXANDRA FIELD, CNN CORRESPONDENT: Good morning, Alisyn.

Ferguson and New York City, these are obviously different places. These are different cases, but we know the outrage can come to the surface anywhere. Maybe it's more likely to in the wake of Ferguson.

So police here are already planning to step up their presence in areas where they feel demonstrations could be likely. If a grand jury decision coincides with the city's annual tree lighting ceremony today at Rockefeller Center, you'll also see a stepped-up police presence there.

(BEGIN VIDEOTAPE)

FIELD (voice-over): After the fury in Ferguson, New York City leaders trying to stop potential violence here as another grand jury weighs whether to indict another officer.

MAYOR BILL DE BLASIO, NEW YORK CITY: People have a right to protest peacefully. And we will respect that right. But if we think public safety is compromised, the police will act very assertively to address that problem.

FIELD: July 17, Eric Garner died after a confrontation with New York City Police. A bystander catches it all on video. First, officers approach him on a Staten Island street for allegedly selling loose cigarettes. Then a group of officers swarm him.

ERIC GARNER, KILLED BY POLICE: Don't touch me. Don't touch me. (EXPLETIVE DELETED)

FIELD: Garner tells police not to touch him. He puts his hands up and is wrestled to the ground. Repeatedly, the 43-year-old with asthma tells officers he can't breathe.

GARNER: I can't breathe. I can't breathe.

FIELD: New York's medical examiner ruled the death a homicide caused in part by chokehold, a tactic barred by the NYPD. The autopsy concluded asthma, obesity and a heart condition were contributing factors.

(CHANTING)

FIELD: There's been public outcry in the form of peaceful protests over the use of force. But it's up to a grand jury to decide whether Officer Daniel Pantaleo will face charges. The video shows him with his arm around Garner's neck. Last month the officer testified before the panel for more than two hours.

DANIEL DONOVAN, DISTRICT ATTORNEY: I'd like New Yorkers to be patient. The grand jury has been diligently listening to evidence. And we await their decision. Regardless of what the decision is, there will be some demonstrations.

UNIDENTIFIED FEMALE: No justice!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED FEMALE: No justice!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

(END VIDEOTAPE)

FIELD: We are expecting to hear a decision from the grand jury sometime this week. Part of the preparations, Alisyn, Chris, we know, is that New York City police officers actually travelled to Ferguson. They were there to share some information about professional agitators and also to learn what they could about what was fueling the protests there. They're hoping to apply some of that intelligence here, should we see these protests erupt.

CAMEROTA: Of course, it's some of the most crowded time in New York City right now with all the tourists and the Christmas season.

FIELD: Tree lighting tonight.

CAMEROTA: Tree lighting, right. So we will see what happens. Thanks so much for that reporting.

All right. There's more news. Let's get over to Michaela now for it.

MICHAELA PEREIRA, CNN ANCHOR: All right. Good morning, guys.

Good morning to everyone at home, once again to you at home.

We start with this. Breaking overnight, al-Shabaab has claimed responsibility for a blast near the Mogadishu International Airport in Somalia. Four people have been killed in that attack, said to have targeted a convoy from the African Union.

In the meantime, six other people were killed, at least a dozen others injured in Yemen following an attack outside the residence of the newly-appointed Iranian ambassador. He was not injured in that attack.

Back here at home, a horrific school bus crash that has killed two children and an adult in Knoxville, Tennessee. Police say the two school buses were headed in opposite directions Tuesday when one bus made a sudden sharp left turn. Crossed a concrete median and hit the side of the other bus. We're told the NTSB has now joined the investigation.

Today officials with air bag maker Takata head to Capitol Hill for a hearing about potentially deadly defects. Takata defied U.S. regulators, ignoring a midnight deadline to expand its recall. Federal officials say the flawed air bags can explode and hit passengers with shrapnel. Takata instead laid out a four-point plan to research, and issue and replace air bags.

Major League umpire Dale Scott is making history. The 29-year veteran revealed that he is gay in a magazine interview. It was actually published in October, but just picked up nationally. Scott is the first openly gay active official in the four major sports. In that interview Scott says Major League Baseball has long been aware of his sexual orientation and has been supportive of it.

The Supreme Court today will hear a case that could affect the lives of millions of women. Peggy Young sued her employer, UPS, claiming that the company discriminates against pregnant women. Young says UPS refused to temporarily reassign her so that she could avoid heavy lifting when she became pregnant. The company instead placed her on unpaid leave. Young says she lost her health benefits and her pension. UPS has since announced new policies to address the issue, and those will start next month.

CAMEROTA: That's an important one. PEREIRA: It really is.

CAMEROTA: She lost her health benefits.

PEREIRA: And her pension and was on unpaid leave. How are you supposed to survive month to month without that check?

CAMEROTA: Michaela, thanks so much.

A new Bill Cosby accuser coming forward this time with a lawsuit. She says she was 15 years old when she was allegedly sexually assaulted. Why her claims could be the biggest legal test yet for Cosby and his reputation.

CUOMO: And is this the so-called bourbon summit? An Oval Office icebreaker between the president and incoming Senate majority leader, Mitch McConnell. John king has details coming up on "Inside Politics." Maybe even a simulation.

(COMMERCIAL BREAK)

CAMEROTA: A lawsuit has been filed by a woman claiming Bill Cosby sexually assaulted her when she was just 15 years old.

According to Radar Online, Judy Huth met Cosby in 1974. She says he molested her at that point, causing, quote, "psychological damage and mental anguish."

I want to bring in CNN legal analyst Mel Robbins and former managing editor of "People" magazine, Larry Hackett, to talk about Bill Cosby and what is next.

Mel, I want to start with you with this lawsuit, because it feels like a game changer on some level. No. 1 there's a lawsuit; and No. 2, she was 15 years old.

Let me just read a portion from the lawsuit. This is according to Radar Online. This was just filed. It is a bit graphic. I want to warn you. Let me read it to you.

"When plaintiff emerged from the bathroom, she found Cosby sitting on the bed. He asked her to sit beside him. He then proceed to sexually molest her by attempting to put his hand down her pants and then taking her hand in his hand, and performing a sex act on himself without her consent."

Again she says she was 15 years old, Mel, when this happened. Is this a civil lawsuit or a criminal lawsuit, Mel?

MEL ROBBINS, CNN COMMENTATOR/LEGAL ANALYST: These are great questions, Alisyn, and good morning to you.

This is a civil lawsuit. And one of the reasons why it's a game- changer is because they only have to prove by basically 51 percent, not -- you know, like you kind of weigh the facts and is it more likely than not that he committed these allegations. You're also talking about a situation, Alisyn, where he's going to

have to be deposed. We saw this in the Paula Deen case. And so he's going to be compelled to go to a lawyer's office and answer questions for days on end, which is also very problematic.

And one of the reasons why this is also a civil lawsuit, Alisyn, is because they're attempting to meet the requirements under the statute of limitations. And the statute of limitations.

CAMEROTA: And what -- right, because this happened in 1974, so what are the statute of limitations civilly?

ROBBINS: Well, I looked at it, and it's kind of tricky. In a civil case, it's generally about two years after the injury.

However, in these kinds of cases, where it's an alleged sexual abuse against a minor, there are two different potential statute of limitations. One is, eight years after your 18th birthday, which would place it at 26. Meaning her statute of limitations has already run.

However, there is an exception that says that if you can prove that you only realized the extent of the injuries happened due to the sexual molestation, you can file a lawsuit three years from the date you realized it.

And in the complaint, if you read it carefully, she says something interesting. She says, "I only recently realized the extent of the psychological damage caused by that." Why does she say that? Because she's trying to meet the bar for this statute of limitations exception, Alisyn.

CAMEROTA: Larry, you were at "People" magazine for 16 years. Part of that time at the helm. You have seen major celebrities fall from grace and then rehabilitate themselves. What are Bill Cosby's options here?

LARRY HACKETT, FORMER EDITOR, "PEOPLE" MAGAZINE: Well, in many ways this lawsuit is the best thing to happen to him from a P.R. standpoint.

CAMEROTA: How so?

HACKETT: Because the expectation now among journalists is this he cannot comment. Right? He's been pressured by A.P., NPR and other news organizations to say something.

Everybody knows that once someone is sued they simply say, you know, "There's a lawsuit. I can't speak about that." That said, if any of this has any appearance of being true, this is only the first of many lawsuits. Other people are going to come forward, whether it's beyond the statute of limitations or sooner.

Remember, these allegations range from the 1960s to 2005 when there was a lawsuit and he settled. So the pressure is just enormous and building and building. CAMEROTA: So I mean, we have spoken to many of the alleged accusers

here on NEW DAY. So you believe that now there's a groundswell and that this will provoke others to have the courage or gumption to then take some legal action?

HACKETT: We wrote a story in 2006 that had about five women in it. It now has 18 women in it. I think it's going to snowball. Again, assuming this is all true, there's going to be more and more cases of this coming forward, and people will feel empowered, including some of the women you may have had on the television show, to take action.

CAMEROTA: And Larry quickly, what happens if Cosby just remains silent? I mean, is that, in fact, the best defense? Because at some point the women have to move on.

HACKETT: I don't know if it's the best defense. But the fact of the matter is "People" magazine, "Philadelphia" magazine and other magazines wrote about this. This was out there. This is not a completely new revelation.

People didn't want to believe it. The Bill Cosby they show as Cliff Huxtable was immune to this kind of thing. There will be people, however, judged by the fact that he appeared in Florida a week ago and to a standing ovation who won't believe it. And so he's got to maybe kind of hedge his bets and figure out, "There are a certain amount of people who won't believe this. I'm going to stick by them. There are other people who I'm going to have to sacrifice.?

CAMEROTA: There are a couple of Hollywood actor/actress types who are defending him, namely Whoopi Goldberg. She's been vocal on "The View "in defense of him. And there's an actress named Jill Scott who has tweeted a couple of things. Let me read those for you.

She said, "I'm respecting a man who has done more for the image of brown people than almost anyone ever. From Fat Albert to the Huxtables." That's the common refrain that you're talking about. People don't want to believe that Bill Cosby is capable of this.

HACKETT: They don't. This is a man who was in their homes for 40 years. This is a man who sold them JELL-O. This is a man who reshaped the idea of what an American family, an African-American family can be. They don't want to mess with that. You know, so whether or not these two things can be -- exist at the same time remains to be seen. Whether that will be reconciled seems very, very hard.

CAMEROTA: Mel, quickly, do you agree with Larry that this is the tip of the iceberg and we will see more legal action from some of the women who are still deciding what to do?

ROBBINS: I do agree with him. We saw 13 Jane Does named as witnesses in the lawsuit in 2005. And that's the other game changer about this, that not only can he be compelled via deposition, which we saw with, you know, Paula Deen and then all the leaks that came from that. But also, you've got other women that are going to pile on. Whether they bring their own lawsuits remains to be seen, though, Alisyn. CAMEROTA: All right. Mel Robbins, Larry Hackett. Thanks so much for

all the information.

This feels like something is about to happen, particularly today with this lawsuit.

And we want to let you know that we've reached out to all the parties for comment, but we have not yet received a response.

And of course, we want to invite your comments. You can find us all on Twitter. Let's go over to Chris.

CUOMO: All right. So here's a question: should the president have gone to Ferguson? Would that have helped? The move not to go is drawing fire, and John King has a look at it in "Inside Politics," coming up.

(COMMERCIAL BREAK)

PEREIRA: Good to have you back with us here on NEW DAY. Here's a look at your headlines.

Police are now investigating the actions of Michael Brown's stepfather following the announcement that Officer Darren Wilson would not be indicted. Ferguson, as you know, erupted into chaos. The question authorities are asking, did Louis Head intend to incite rioting in the St. Louis suburb with this reaction? His lawyer claims it was an emotional outburst, not planned.

Power back on in Detroit, following a huge blackout Tuesday that closed schools, forced evacuations, even trapped people in elevators. The aging power grid in Detroit has been run for decades by the city's public lighting department. However, decades of delayed maintence [SIC] -- maintenance, rather, have led to frequent outages. A $200 million, four-year upgrade is currently under way in hopes of avoiding similar outages in the future.

The wife of a Maryland man who is serving 15 years in Cuba is begging for his release today, five years after his arrest. Judy Gross says her husband, Alan, is in poor health and has even threatened to kill himself and will not make it another year. Her words come a day after the State Department renewed calls for Cuba to free Gross. The former State Department subcontractor was arrested for bringing satellite communications equipment into Cuba.

Well, it is beginning to look a whole lot like Christmas at the U.S. Capitol. An 88-foot-tall Minnesota white spruce lit Tuesday night. School children from Minnesota made dream catchers, along with cut- outs of doves to decorate the tree. It completed its 30-plus city tour and a 2,000-mile journey before arriving in D.C.

A very, very special kiddo flipped the switch to turn the lights on. A 10-year-old who is battling cancer. His name is Aaron Urban. He wanted a very special Christmas, and he got it here in D.C.

CAMEROTA: Beautiful. It makes it all the more beautiful, knowing that story.

Thanks so much.

CUOMO: Love the tree lighting. It really does set off the -- you know, the whole thing.

CAMEROTA: I agree. The heartwarming festive feeling.

PEREIRA: The question is, is John king wearing jingle bells on his shoes today?

CAMEROTA: I don't know. How would we find that out?

CUOMO: There's not very much elfin about him. But let's see. Let's get to him on "Inside Politics" right now.

John King, can we look at your scopps (ph)? We got a picture of your shoes? You got a shoe camera in there?

JOHN KING, CNN HOST, "INSIDE POLITICS": I'll get -- when we get closer to Christmas I'll get more into the holiday spirit for you, in my festive...

CUOMO: Respect (ph).

KING: That's right. You know, New York City looks great at Christmas time. I always love coming to the city. But D.C., cherry blossoms and Christmas, my very favorite time of year, the Capitol with the White House Christmas tree. It looks great. You guys should come down and visit. We'll swap someday. I'll go to New York. You come to D.C.

CUOMO: No thanks.

CAMEROTA: I like it. I'll do it, John.

KING: All right. Great, thank you, Alisyn.

All right. Let's go "Inside Politics," because it is a big day, even though it's supposed to be sleepy December here in Washington. With me this morning to share their reporting and their insights, Tamara Keith of NPR and Nia Malika Henderson of the "Washington Post."

The bourbon summit some are calling it. Mitch McConnell has been the Republican leader. He will be next year the majority leader in the United States Senate. But he's been the Republican leader the entire six years of the Obama presidency.

This is just the third time, just the third time these two men will meet one-on-one. It will be an Oval Office meeting. The president trying to get to know the Republican leader a bit better. That's important when we get to 2015.

But listen to Mitch McConnell just yesterday saying he thinks since the election, President Obama with his actions on immigration and other steps is not listening to the voters. (BEGIN VIDEO CLIP)

SEN. MITCH MCCONNELL (R-KY), INCOMING MAJORITY LEADER: If you look at the way the president's reacted to what could only be described as a butt-kicking election -- by any objective standard, the president got crushed in this election. So I've been perplexed by the reaction, since the election, a sort of in your face, dramatic move to the left.

(END VIDEO CLIP)

KING: This is a good way to -- curtain raiser, a good way to set tone for the meeting. I get it from the Republican perspective, they think we won the election big and the president takes the action on immigration, but the president had promised he was going to do it.