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New Day

Police Shooting Near Ferguson Sparking Further Protests; Holiday Travelers Facing Long Delays; Concern Over Guns Smuggled Onto Planes

Aired December 24, 2014 - 08:00   ET

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

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(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Police near Ferguson, Missouri, shot and killed a black teen ager at a gas station after the man aimed a handgun at the officer.

UNIDENTIFIED FEMALE: That's my baby!

UNIDENTIFIED FEMALE: What happened to not killing people?

UNIDENTIFIED FEMALE: They left my baby laying out there. He'd been out there about two hours.

UNIDENTIFIED MALE: They have marched from downtown in Manhattan and now they're up in Harlem.

UNIDENTIFIED MALE: This maybe the most intense it's been.

UNIDENTIFIED FEMALE: You need to keep the pressure on if you care about reform in the justice system.

UNIDENTIFIED FEMALE: Bad weather complicates holiday travel for millions.

UNIDENTIFIED FEMALE: That's the tornado.

UNIDENTIFIED MALE: Not too sure if this used to be a gas station. There's debris all over the place here.

(END VIDEO CLIP)

CHRIS CUOMO, CNN ANCHOR: Good morning, welcome come to NEW DAY. It's Wednesday, December 24th, Christmas Eve morning if you want to look at it that way. Just after 8:00 in the east. Chris Cuomo and Alisyn Camerota here.

We bring with breaking news, there has been another police shooting two miles from Ferguson, Missouri. An officer shot a teenager, the teenager died. This happened at a gas station. Only this time the teenager was reportedly armed.

ALISYN CAMEROTA, CNN ANCHOR: Officials tell CNN the teenager pointed a handgun at the officer, and that's when the police officer, he says fearing for his life, shot the teenager. Despite the facts of the case, chaos erupted with protesters clashing overnight with police. CNN's Sara Ganim is following the story closely. She joins us in studio with the latest. What do we know?

SARA GANIM, CNN CORRESPONDENT: That's right Chris and Alisyn, again tensions boiling over in Missouri, this time in a town called Berkeley, Missouri, just a few miles from Ferguson, just about two miles. It happened because of a shooting that happened last night around 11:15. An officer shot and killed 18-year-old Antonio Martin after they say, authorities say that Martin pulled a gun and pointed it at the officer during a routine check at that gas station. The gun was seen laying in the parking lot on the floor, on the parking lot floor with a bright yellow marker placed next to it.

For the next several hours after his happened chaos ensued, protesters getting right in the faces of officers, throwing bricks, throwing water bottles, even tossing a firework. You can see the aftermath of that. Right here they tossed a firework into the gas station area and it exploded. Police responded, pepper spraying a few people, including one journalist at the scene.

Local police in Berkeley say they will be holding a press conference in just a few moments. We are also waiting to see the surveillance video from the gas station that could show more details about what happened.

In the meantime, this was a devastating Christmas Eve for Martin's mother. Take a listen to what she told local reporters there.

(BEGIN VIDEO CLIP)

TONI MARTIN, MOTHER OF ANTONIO MARTIN: They won't tell me nothing. His girlfriend told me that the police was messing with him. He was fitting to get up and run. When he was trying to get up and run, they start shooting him. They won't tell me nothing. They won't even let me see my baby.

(END VIDEO CLIP)

GANIM: I also just spoke to the father of Antonio Martin on the phone. He said he was not able to talk to police yet about what happened. He said when his son left the house last night, he said he was going to spend the night with his girlfriend.

CUOMO: Sara, thank you very much.

We also are going to cover this but also the situation in New York City. There were protests again last night despite calls from many, including the mayor himself, for calm after the two ambushed officers could be buried in peace. Joining us now is John Miller. He's the New York Police Department's deputy commissioner for intelligence and counterterrorism. Happy holidays to you and the family. Thanks for being with us, John.

JOHN MILLER, NYPD DEPUTY COMMISSIONER FOR INTELLIGENCE: Thank you. CUOMO: Let's take a look real quickly at what just happened out in

Missouri. Very angry protests -- why? One is not understanding the facts of the situation yet. They just know a kid was killed by a cop. And then once we do know the facts, there's still pushback that maybe the bar is too low in Missouri for police officers to be able to use deadly force.

When you hear about this, if the simple fact pattern holds up, which is cop, routine patrol stops at the gas station, sees two young guys, walks toward them, one of them pulls a gun out of the waistband, points it at the police officer, he fires maybe more than once -- we don't have details yet. The kid dies, other kid runs away. If those are the facts, if they stand up, what level of use of force wouldn't apply in this situation?

MILLER: I actually have trouble understanding the discussion, especially in the optics of New York City where we have two police officers who were approached by a man with a gun who didn't have time to draw their weapons and they're both dead. So we have to take this in the context of the information from Missouri's preliminary. We don't have all the facts and we don't know the real story. Someday we will if they investigate that and those facts come to light.

But there cannot be a standard where we charge our police officers with the job of going forward and facing all these dangers, and, say, well, if someone pulls a gun on you -- what's the question? Do you have to wait until you're shot first?

So let's see how that case unfolds in terms of the facts, and, you know, what the video shows and what the witnesses say. But I think if we're in a discussion about if somebody's pointing a gun at you, do you have the right to defend yourself? I think the discussion has gone from the ridiculous to the ridiculous.

CUOMO: New York City, they protested last night, not right around where the two officers were killed, but here in Manhattan they took over some of the streets, they walked around busy parts of the city. There had been calls for them not to. Was that a fair request, in your opinion?

MILLER: Well, I think you have to examine two things. It is their right to protest and it is the job of the police department to help them do that, and it's the extraordinary work of the men and women of the New York City police department who have helped them do that for more than a month now even while they are protesting the very police officers who are assisting them in these demonstrations and saying terrible, vitriolic things.

But in a democratic society, it's easy to protect popular speech. You want to march for the climate, that's a ground ball. The real challenge for democracy is when you protect unpopular speech. So that's a test for us, and the police department has passed that again and again.

So the question is, should they protest? Was it right? That's their right. The larger question is, in the light of the assassination of two police officers in some measure driven by the vitriolic rhetoric across the country, "killer cop," "racist pigs," is it in good taste? I think they have to answer that question for themselves. I also think the city is answering that question, because when I talk to people you see support for the movement slipping because people are feeling uneasy about it.

CUOMO: The mayor has taken a beating. Commissioner Bratton has come out and said he doesn't think there's anything unusual about tension between the police and the leader, but this is an unusual situation. Do you believe that the mayor should have done things differently or should do things differently now?

MILLER: I'm the chief of intelligence. I don't talk --

CUOMO: That's why I'm asking you. You're a smart guy.

MILLER: It's not that kind of intelligence.

CUOMO: Oh, I didn't know.

MILLER: I don't do politics. What I would rely on is what the police commissioner has already said, which is in the history of time there has never been a mayor that wasn't crosswise with his unions at one time or another, the police unions in particular. One of the mayors who was the most pro-law enforcement mayor in the history of New York, Rudy Giuliani, was severely criticized by the PBA for much of the time he was there. The last mayor who was thought to be supportive of the police left them without a contract for a long time. This mayor has given the police department $400 million.

But on the other hand, the cops are feeling beat up by months of demonstrations, by public criticism, by how they're treated in the media, and the mayor as a politician is always the obvious target.

CUOMO: I spent some time yesterday being John Miller the reporter, famous in the streets understanding what was going on with people's feelings about how they're being policed and the crime element in their areas. And there is a real concern that because of what just happened, and because of some of the rhetoric and some of the feelings the police will pull back. They won't patrol as much. They won't be there. They will be reluctant to engage. Now they're scared who will keep us safe. How do we deal with that?

MILLER: I drive around all day in this city, and sometimes much of the night. The police radio plays in the car, and what I'm seeing is, I'm seeing police officers who are extraordinarily professional doing their jobs. I'm seeing them being very careful.

But I'm hearing the calls come over and hearing the radio calls being picked up. I'm hearing them backing each other up where they should and where they need to, and I hear them rising to the challenge all the time. So I think a lot of it is heated rhetoric, and I think when you get down to the business of policing, so far up to the minute and that includes until 2:00 this morning, when I was out listening to those calls and rolling up on some of those jobs, all I've seen is the most professional work from the most professional police department in the country.

CUOMO: New Year's Eve, always a huge event.

MILLER: Sure.

CUOMO: This year maybe some special considerations. What are you doing this year? Obviously you don't give away tactical plans, but what are the considerations going in this year that make it different?

MILLER: Well, New Year's Eve was always New Year's Eve. It was a big event. That meant traffic, crowds, and moving a lot of people in and out. In a post 9/11 world, Chris, New Year's Eve became New Year's Eve plus, which is how do you do the first part and then do the complicated counterterrorism overlay for a globally televised symbolic American New York event in the age of terrorism. And they have honed that and adjusted it and we have honed it and adjusted it again for this year. Some of that you see, the Hercules team, the spotters, the observation posts, the back scatter trucks, the radiation detection. And then there may be the wild card this year of the additional factor of protests.

CUOMO: And threats, right?

MILLER: And threats. But we deal with the threats every year.

So I think this is not a one-off. The Super Bowl Boulevard in Times Square was a real challenge for us because we hadn't done it before, but I thought it was executed with aplomb. This is one I think the department has gotten down well, and they will rise to the protection peace and will respond to the threat.

CUOMO: John Miller, thank you for being on the show. I wish you all the best with your duties going forward.

MILLER: Thanks, and have a great holiday for you and your family. Good to see you.

CUOMO: You too, always a pleasure. Alisyn?

CAMEROTA: OK, Chris, now to the severe weather that is slamming the south. Tornadoes killing four people in Mississippi, hundreds of buildings and homes have been flattened or at least damaged. Thousands of people are without power right now in Mississippi, Louisiana, and Georgia. And if you are one of the estimated 98 million Americans traveling this Christmas, you may need a Christmas miracle to get where you're going on time. Our coverage begins with Jennifer Gray tracking the extreme weather for us from the CNN center in Atlanta. How's it looking at this hour, Jennifer?

JENNIFER GRAY, AMS METEOROLOGIST: Alisyn, a lot of people are going to be impacted by the weather as they're trying to travel today. It should be clearing up by tomorrow, but our hearts are going out to those families of the victims who have suffered through these horrible storms yesterday that proved to be deadly across several states in the south.

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UNIDENTIFIED FEMALE: That's it, that's the tornado.

GRAY: Massive and deadly tornadoes ripping through the southeast as bad weather complicates holiday travel for millions. The National Weather Service flashing tornado warnings.

UNIDENTIFIED MALE: A tornado warning has been issued at 4:45 p.m. eastern.

GRAY: Across TV screens in five states. Parts of Mississippi now in a state of emergency after a tornado touched down 90 miles south of Jackson, killing at least four people. Downed trees and power lines blocking traffic on a main thoroughfare, roofs of businesses, and the wall of this warehouse blown right off. One resident pulling a dog to safety from a destroyed home. Meanwhile, heartbroken store owners embrace outside their demolished flower shop.

The storm system knocking out power to over 6,000 residents in Mississippi alone. Inside this heavily damaged daycare center, a holiday miracle -- 35 children and seven staffers race for safety after the powerful tornado ripped the roof clear off, all making it out with no injuries.

In Louisiana, a tornado touched down twice, 70 miles north of New Orleans, uprooting trees, reportedly damaging some 20 homes and leaving nearly 2,000 residents without power. Another suspected tornado snapping trees in half in south Georgia as the massive storm system also brings up to eight inches of torrential rain throughout the southeast.

The downpour moving up the I-95 corridor as millions hit the road for Christmas, with the potential for flooding from Georgia to New Hampshire.

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GRAY: And the storm still in south Georgia. We do have that tornado watch in effect until 2:00 eastern time, does include portions of Florida, Georgia, even South Carolina. So we are seeing very heavy rainfall, lightning strikes included in that. So that tornado watch through the morning and early afternoon.

We also have flood watches and warnings in effect across Georgia, Florida, and South Carolina. That rain will continue as we go into the afternoon, and it is moving up into the northeast, D.C., Philly, New York, even into Boston as we get into the afternoon.

Chicago, it is rain for you now, could be turning into snow as we go through the afternoon, so you have a winter weather advisory in effect for today, and that also includes portions of St. Louis. So wind gusts will also be a problem. We could see winds gusting up to 60 to 65 miles per hour. That includes places like Cleveland and Buffalo, so Chris, travel is going to be a nightmare as we go throughout the afternoon and evening hours. It should get better by tomorrow, though. CUOMO: Our primary concern is those in harm's way because of extreme

weather. But it seems like the ripple effect is going to hit everybody. Jennifer, thank you very much. We'll check back in with you. And as Jennifer said, severe weather already causing delays at some of the nation's busiest airports. So let's get there. Let's bring in Rene Marsh. She's live from Reagan National Airport in Virginia. How does the big board look?

RENE MARSH, CNN AVIATION AND GOVERNMENT REGULATION CORRESPONDENT: You know, it's not looking as good as it did earlier this morning. If you were one of the people who booked an early flight you were regretting it when your alarm clock went off, but probably not anymore, because now the problems are starting to trickle down. We're seeing more delays popping up on the boards here at Reagan National Airport.

Here's a big picture, as far as what the national outlook is looking like right now. More than 2,500 delays as far as cancellations, more than 400, just for some context on an average day, without any threat of weather, you're usually talking about 200 cancellations so we're double that at this point.

And it is still relatively early but take a look. The rush is on, people are here checking in for their flights. Some of getting good news, their flights on time, some not so good news, they're delayed.

And we just heard Jennifer lay it out. I mean, we're talking about a variety of weather conditions, rain, fog, snow -- all of those are playing into the travel situation that people are going to be experiencing, we're paying close attention to airports in New York City. I mean, they're going to be dealing with that heavy rain, potential fog later on today and that's going to be a visibility issue.

So, that's why you're going to see the delays there. Also Chicago, if that snow just happens to land and stalls right other Chicago O'Hare, they're going to have issues too. And when you have problems at the major hubs, it's a ripple effect -- Chris.

CUOMO: All right. Rene, we'll check back in with you. Keep the situation flowing for us. Appreciate it.

There's a lot of news this morning. So, let's get right now to Christine Romans, in for Mick.

CHRISTINE ROMANS, CNN CORRESPONDENT: Hi, guys.

Let's get to those top headlines here. Breaking this morning: ISIS has shot down a Jordanian warplane over Syria. ISIS has captured the pilot. Officials say that plane was part of the U.S.-led coalition. The terrorist tweeted out two photos of the warplane.

Former President George H.W. Bush is in a Texas Hospital after complaining of shortness of breath. Doctors say the 90-year-old is being monitored as a precaution. So far, there's no word on his condition but a family spokesman says he is expected to be fine. President Obama's enjoying a nice year-end spike in the polls with the

economy ticking up, the president taking action on immigration in Cuba, the latest CNN/ORC poll puts his approval rating at a 20-month high. Let's take a look at the numbers. Forty-eight percent of Americans now approve of the president's job performance. He's enjoying increased support among women, independents and millennials.

A dramatic road rage incident caught on tape in California. Woman in an SUV pushes two girls off the road, at one point, Deirdre Orozco got out of the car, slapped what looked like a sheriff's badge on the passenger side windows. The victims admit they flipped her the bird. They say it was after she cut them off. Police arrested Orozco after the incident.

A Utah man won the eggnog drinking contest at the office holiday party. But it probably wasn't worth. Ryan Rouch (ph) spent three days in the hospital after drinking a quart of egg nothing in 12 seconds. Rouch said he started shaking uncontrollably. He got stomach pains when he got home. Doctors think the eggnog got into his wind pipe and gave him pneumonia. He's OK now. And, by the way, it was virgin eggnog, no booze.

Virgin eggnog -- I'm sorry, Ryan Rouch, sounds like a terrible thing to endure. That's when holiday parties go bad.

CAMEROTA: Eggnog overdose. I didn't know it was dangerous.

CUOMO: I'm happy he was OK but I was so frightened you were going to take eggnog away from us, that the doctors were going to say it turns out eggnog can kill you if you drink too much but thank you.

ROMANS: Virgin eggnog will kill you if you drink too much.

CAMEROTA: That's the lesson to take away. Thank you, Christine.

CUOMO: It is not the lesson.

CAMEROTA: You are a fan of the eggnog?

CUOMO: I'm a big fan.

CAMEROTA: I get it.

ROMANS: Chugging in Cuomo's office at 9:01.

CAMEROTA: Be careful with that.

All right. We have to tell you about this crazy story. An egregious security breach at the world's busiest airport. Baggage handler allegedly getting guns and ammunitions on to flights. So, how can officials fix this gaping hole in airport security.

CUOMO: And the stunner from Sony. The company planning to release "The Interview" tomorrow. Remember they canceled it days ago? What happened and why?

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CAMEROTA: New detail this is morning on the airport gun smuggling operation that shuttled weapons from Atlanta, Georgia, to New York. A hundred and fifty-three guns were recovered in this undercover operation. A Delta baggage handler and a former Delta employee seen on this surveillance video after the alleged transfer of weapons now facing charges along with several other conspirators. Hartsfield- Jackson Atlanta International Airport now says it's reviewing its security plan.

Let's bring in Tom Fuentes. He's a CNN law enforcement analyst and former assistant FBI director.

Tom, great to see you this morning.

So, these guys were former baggage hand handlers, one was a ramp agent. Can those types of people get anything they want on an airplane?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Good morning, Alisyn.

I think it would appear so and maybe we should add a few more people to that, the people that create the food trays that are loaded, not even at the airport, but they're put in those tray holders off site and then trucked in, and immediately put on the plane. So, maintenance people that come on, you have the people that clean the airplanes. So, there are a lot of people that get on an airplane or work around an airplane that really haven't gone through the security that a normal passenger would go through, and this just shows it.

CAMEROTA: Here's what the airport has said about this problem in a statement, they say, "All employees must pass extensive criminal history record checks, security threat assessments and security training prior to being approved for access to secured areas. Additionally employees are subjected to continuous vetting and random inspections. In light of these recent events, we are reviewing the security plan and will make the appropriate changes to prevent future incidents of this nature."

Just how thorough are these security checks of the employees like the type that you've just mentioned?

FUENTES: Well, I've talked to a recent head of security from Atlanta's airport and yes, they do some basic checks, if you've been arrested, the usually background but they're not hiring people to work in the nuclear facility. They're not using the extensive background checks and they're just not going to.

They don't have the resources to put the magnetometers up at all the entrances employees use when they come to the airport and enter it from the basement areas where the locker rooms are and the employee break rooms are. So, if they can't do that, who are they talking about with the extensive background checks? I would like to hear the details of that before I would believe it.

CAMEROTA: Another element of this crime is that somehow these suspects, they bought, the thinking is according to police they bought all of these guns, 153 of them online. Now, if you're buying guns online from a Web site, are there any background checks that you have to fill out?

FUENTES: No, but that's been a debate going all along of how you obtain guns in this country. I mean, that's just a whole different debate and if you look at the guns, except for the AK-47, every other gun could have been legal. It could have been legally purchased anyway, but you know, obtaining guns whether you go to a gun show, whether you buy it from somebody else, whether you steal it, that's not the question at hand, because we're not ready to answer that question as a country anyway.

But the country, the question we can answer and have been asking is, what about the security of an aircraft? What about the safety of the passengers, the crew, everybody that's on that aircraft, everybody on the ground f that airplane crashes into them.

I'd like to add one other thing that hasn't really been brought up. When you word an aircraft, the cockpit door is still open. So dozens of passengers, if not all, are on the plane before they get around to closing that door. I don't know if it's because the captain has to sign the final passenger manifest for the ground crew. I don't know what that reason is.

But I know that I fly very often and I'm sure you do, and everybody that's watching this in an airport right now in a waiting room is going to get on a plane, if they're lucky this morning, pretty soon, and they will probably notice as they board and go to their seats and put things in the overhead bins that the cockpit door is still open.

CAMEROTA: That's a great point. I think it's because they want to quell any anxiety of the passengers. It's sort of nice to look in there and see the pilots and see that they look relaxed and that they're doing all of their checks and balances, but you're so right. I mean, anything could happen at that point of contact.

So, Tom, what is the answer here? How do we tighten up this loophole in airport security that we didn't even know existed before this?

FUENTES: Well, as a passenger, as a matter of convenience, I almost hope they don't do that part of it. Like many foreign airports, you go through magnetometers right at the gate. They have a separate set at every boarding gate, and you go through that one last-minute check before you get on.

You know, we saw that in the films of the pilots getting on MH-370, the Malaysia airliner that disappeared, you see the video of the captain and first officer going through the line to do final boarding. You know, that would be outrageously expensive also.

But I think the big loophole here is that you do have thousands, literally thousands of employees at a large airport like Atlanta- Hartsfield who, they drive in, they just badge their bay to get into the parking lot. Once they're in the parking lot, a shuttle bus goes around the airport, picks up employees, takes them to the individual doorway of the particular airline or facility they work at, and they enter the airport without further checks after the first one, which is just showing the badge, so actually, when the background investigation is done, that's about the last serious check on these employees.

And you do have people that, from the other point of view, the other threats we deal with all the time, is what if you have an employee that passes with flying colors all of the background checks, but later becomes radicalized, and later becomes a threat.

CAMEROTA: Sure.

FUENTES: Or later has mental health issues.

CAMEROTA: Right.

FUENTES: So doing even a serious background check early before the person's hired isn't the whole answer either.

CAMEROTA: Let's hope that this story is at least a wake-up call to airlines and airports around the country. Tom Fuentes, merry Christmas, nice to see you.

FUENTES: Merry Christmas. Thanks, Alisyn.

CAMEROTA: Thanks so much. Let's get over to Chris.

CUOMO: Alisyn, it is the biggest movie no one has seen. That's about to change. Soapy will release "The Interview" tomorrow, despite the threats. Why the reversal, and is it a good move? Does that even matter anymore? We have all the information coming up.

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