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Boston Marathon Trial Goes to Jury; Closing Arguments in Aaron Hernandez Trial; Rand Paul to Launch 2016 Campaign. Aired 7-7:30a ET

Aired April 07, 2015 - 07:00   ET

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

(BEGIN VIDEOTAPE)

ALEXANDRA FIELD, CNN CORRESPONDENT (voice-over): The last Richard family photos, Martin is eight. Dzhokhar Tsarnaev is standing behind him. Before -- after. Martin's entire body shattered, broken, eviscerated, burned. Lindsay Liu didn't plan to be there that day. It's her last day. Crystal Campbell lives less than a minute.

[07:00:25] The defense doesn't deny that it's the defendant you see here on Boylston Street, dropping his backpack in front of the Forum restaurant, running away with the crowd. It was him, star attorney Judy Clarke acknowledges in opening statements, and it's him shopping for milk at Whole Foods 20 minutes later.

But Clarke argues in the plot to lead a path of destruction, Tamerlan leads; Dzhokhar follows. Tamerlan heads towards the finish line, then the first blast. Twelve seconds later heads turn, the second blast.

Two months before the bombing, prosecutors say Dzhokhar borrows a gun from his friend, the same .9 millimeter Ruger used to kill Officer Sean Collier.

UNIDENTIFIED MALE: Officer down! Officer down! All units.

FIELD: Surveillance video captures two men on the MIT campus approaching his squad car and taking off.

The gun is used again later that night, prosecutors say, when 56 shots are fired at Watertown Police. The firefight ends with Tamerlan dropping his gun, heading into a hail of bullets. Dzhokhar, driving over his brother's body before abandoning the Mercedes and hiding out in a dry-docked boat. The words he etched, "Stop killing our innocent people and we will stop." The note he wrote bloodstained, bullet- riddled: "We Muslims are one body. You hurt one, you hurt us all." Proof, according to prosecutors, that they felt they were soldiers. They were mujahedin and Boston was their target.

(END VIDEOTAPE)

FIELD (on camera): The defense argues that none of what did happen would have happened if not for the influence of Tamerlan. They told the jurors that he's the one who built the bombs, bought the parts, did the research.

But, Chris, they have never denied Dzhokhar's participation and, in this phase of the trial, the verdict phase of the trial, that's likely to be the part that matters to the jury -- Chris.

CHRIS CUOMO, CNN ANCHOR: All right. Thank you very much, Alexandra. So that's one case.

The other one is the Hernandez case. We're just a couple hours away from closing arguments there. The defense rested its case Monday, after calling just three witnesses to the stand, which was a surprise.

CNN national correspondent Susan Candiotti is following everything for us in Fall River, Massachusetts -- Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Hi, Chris.

You know, when closings begin today, it will be a very tough choice for jurors. As they listen in the state of Massachusetts, first to the defense, and then prosecutors will get the final word. The jury will then get their instructions and then begin deliberations. Both sides trying to sway the jury in their direction.

The defense saying that Aaron Hernandez was planning his future, not a murder of Odin Lloyd, a semi-pro football player who was dating the sister of Hernandez's fiancee. Prosecutors arguing that Aaron Hernandez was in on this plot from the very start.

There has been key evidence shown during the course of this case, the defense putting on its case mainly through the tough cross-examination of state's witnesses. Prosecutors showing videotape of Odin Lloyd, the victim, getting into a car with Aaron Hernandez and winding up in an industrial park. Then, when that car drives back to Aaron Hernandez's home, minutes after Lloyd is murdered, Odin Lloyd is no longer in that car.

Also, the prosecutor is showing a photograph of what they say is a Glock in Aaron Hernandez' hand, back in his home. However, the defense arguing strenuously, that was not a Glock; that was just an iPad. Well, now it will be up to a jury to decide who it will believe -- Chris.

CUOMO: All right, Susan, thank you very much.

Over to you, Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: Thanks, Chris. Let's talk about both of these high-profile cases. We want to bring in Mel Robbins. She's our CNN commentator and legal analyst; and Joey Jackson, HLN legal analyst.

OK. Let's start with the Dzhokhar Tsarnaev story. And Joey, you've just saw Alexandra field's piece that she did for us. There's all of this videotaped evidence of what Dzhokhar was doing in the moments right before the attack, where he was standing there.

JOEY JACKSON, HLN LEGAL ANALYST: Certainly, Alisyn.

CAMEROTA: So what do jurors have left to decide? JACKSON: And -- and here's the further point, and good morning,

Alisyn. Good morning, Mel. You see Alexandra Field's piece, and that's a piece of what this jury has heard for weeks: compelling testimony about lives that have been changed forever. Dismemberment, limbs lost, people dead, an 8-year-old, 69 pound, who was eviscerated. You saw it there.

And then you match that up against the motivation. Because of the hate for America. Because he's a soldier in a war against America. The manifesto in the boat. The MIT police officer who was killed. The going to purchase milk, like it was just another day. And you look at that and the callousness of the actions and certainly you look at the 30 counts, that jury will apply the facts to that law and will convict on all 30.

[07:05:22] CAMEROTA: And yet, Mel, I heard you say that you thought that the defense had done a good job, because you said that the -- the theory was, if Tamerlan, the older brother, had not been in the picture, none of this would have happened. So do you think the jurors will buy that line of reasoning?

MEL ROBBINS, CNN COMMENTATOR AND LEGAL ANALYST: Well, let's -- let's take a step back. And good morning to both of you. Are they going to buy the line of reasoning? And acquit him on any of the 30 counts? Absolutely not. In fact, the defense actually said in their closing argument, he fully participated.

So all of the discussions we had yesterday about aiding, abetting and conspiracy and all of the legal language in these charges, she admitted, the defense counsel admitted in closing arguments, he fully participated; he's ready to stand in judgment before you. What he did was serious. And so this will be a very short deliberation.

Now, let's look ahead. In the sentencing phase, are they going to be willing to listen to the argument by defense that, but for Tamerlan, but for the older brother, this never would have happened? I think you might have a juror or two that actually listens very keenly to that, Alisyn.

I mean, she's going to be able to stand up, the defense counsel, and say, "Hey, Tamerlan bought this stuff. Tamerlan went to Russia. Tamerlan is the one that turned his kitchen into a bomb-making facility. Dzhokhar's prints weren't even there. And in fact, while Tamerlan was downloading these magazines, Dzhokhar was busy looking at Facebook, sleeping in and chasing girls. So, you know, if Tamerlan wasn't in the picture, Dzhokhar never would have done this."

Now, does that lessen what happened? Of course not. But does that make one, possibly two of the jurors who expressed reservations about the death penalty stop and think, "Hmm, should we kill him or should we let him die in prison?" They might have just won this case, both in voir dire and in the way that they handled themselves during this penalty -- or not the penalty but the guilt phase of the trial, Alisyn.

CAMEROTA: Mel, I just want to stay with you for one more second, because you said that you're going to be keeping your eyes on Juror 588. Why is she so pivotal?

ROBBINS: Yes. She is so pivotal, because she is a -- she works in a book store, and during voir dire, she actually said that she is not for the death penalty. But that under certain circumstances, she could vote for it.

There's also another juror, Alisyn. He's an older gentleman who works for the state, who said he's, quote, "unsure" about the death penalty but could vote for it under certain circumstances.

You have to have a unanimous verdict in terms of voting for and sentencing somebody to death and to execution. And so, if you get just one juror to listen and to think, "Well, she's kind of right. If it wasn't for the older brother, this actually wouldn't have happened. Dzhokhar wouldn't have planned this on his own."

Now does it make him any less guilty? Of course not. Does it make it any less heinous? Of course not. But does it trigger something inside one juror to say, "You know, let's just sentence him to die in prison. Let's not sentence him to be executed."

She might have just won this case, Alisyn. We're going to have to wait and see.

CAMEROTA: Well, that would be fascinating to watch. All right. Let's talk about former Patriots star Aaron Hernandez. There also seems to be a lot of damning evidence against him. Joey, how do you see this going?

JACKSON: There really does. I think, Alisyn, that the prosecution has done enough to establish its case.

And let's be clear about it: there was no murder weapon that was found. And certainly, the defense is using that to their advantage, in addition to the fact that there is no motive. You have a football player. He's rich. He signed a $44 million contract, Alisyn. He has a beautiful 8-month-old baby. Why, oh why, would he kill his friend -- his friend, his friend, as the defense has constantly laid that out? What would be the purpose of doing so?

However, if you look at what the prosecution did, it seems to make sense in building the pieces of the puzzle. And what pieces are those? You have someone who's holding a Glock prior to the murder.

CAMEROTA: Maybe. You don't know...

JACKSON: After, allegedly. It's a Glock, but it could be an iPad. Certainly, it could be an iPad.

I think the reality is, is that you look and, you know, you can judge. A jury will make that assessment. But you have him holding a weapon.

And not only that, before and after, you have four people go to industrial park. Three people come out. They're certainly with each other. You look at the theory, which is the acting in concert, accomplice liability theory. Don't have to establish he pulled the trigger, just that he was an active participant.

And then you have his fiancee, who he calls, carrying a box out of the home. Don't know, but it seems awfully suspicious to me.

CAMEROTA: I don't know if that's a Glock that he's carrying, but it sure doesn't look like an iPad.

Mel Robbins, Joey Jackson, thanks so much...

JACKSON: A pleasure.

CAMEROTA: ... for helping us keep an eye on both of these high- profile cases.

JACKSON: A pleasure and privilege. Thank you.

CAMEROTA: Thanks so much.

[07:10:09] Let's go over to Michaela.

MICHAELA PEREIRA, CNN ANCHOR: All right. We are watching this: Rand Paul is ready to shake up the Republican race for the White House. The Kentucky senator is set to declare his candidacy today.

CNN chief congressional correspondent Dana Bash has a preview of the big announcement from Louisville.

Hey, Dana.

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Hey, there, Michaela.

Rand Paul is trying to sell the fact that he is a different kind of candidate. And you just have to look at a copy of one of his new campaign posters that we obtained to get a sense of just how he's going to do that, at least one aspect. It looks like an eye chart, because he was an ophthalmologist for 20 years before he ran for elected office. And that, as I said, is just one example of how the campaign is showing that he is a different kind of candidate.

(BEGIN VIDEOTAPE)

SEN. RAND PAUL (R), KENTUCKY: It's time for a new president.

BASH (voice-over): In this preview video, Rand Paul unveiled a new tag line for his emerging presidential campaign. Standing up to the Washington machine put Paul on the political map five years ago, when the first-time candidate snatched his Senate seat from the GOP establishment.

PAUL: There's a Tea Party tidal wave.

BASH: The libertarian Kentucky senator quickly bucked the president and his own Republican leadership, grabbing headlines with a 13-hour filibuster protesting the U.S. drone policy.

PAUL: I will speak as long as it takes.

BASH: Paul argues he's more electable than other Tea Party presidential candidates, like Ted Cruz, citing his work reaching out to minorities.

PAUL: The biggest mistake we've made in the last several decades is we haven't gone into the African-American community.

BASH: The Senate is his first elected post, but Paul has politics in his blood...

PAUL: Ron Paul believes in the Constitution, that there are checks and balances.

BASH: ... spending years campaigning for his father, former congressman and presidential candidate, Ron Paul.

Rand Paul is inheriting legions of his father's young, anti-government supporters for his own White House run now.

PAUL: The phone records of law-abiding citizens are none of their damn business.

BASH: But his father's appeal had limits. For Paul to win, he knows he has to move more mainstream, especially on foreign policy. Paul used to sound isolationist, calling for broad cuts in military spending and all foreign aid.

WOLF BLITZER, CNN ANCHOR, "THE SITUATION ROOM": Including the foreign aid to Israel, as well. Is that right?

PAUL: Yes.

BASH: But with ISIS and other emerging threats, GOP primary voters want a more muscular foreign policy, and Paul has been inching that way.

PAUL: A stronger, better, more agile military.

(END VIDEOTAPE)

BASH: In fact Paul is going to have a military-related backdrop for one of his stops and his announcement tour in South Carolina. He's going to be in front of the USS Yorktown.

But Chris, not all Republicans are buying this evolution on foreign policy. You remember those infamous swift boat ads against John Kerry back in 2004? Well, the guy responsible for that is reportedly starting to make ads against Rand Paul, because he says that he's too weak on foreign policy, especially on Iran, too much like President Obama. And Chris, his campaign here in Louisville, they're saying, well, that just proves that they're a threat to other Republican candidates.

CUOMO: Dana, as you've said, you know, he falls into a group whose biggest obstacle may be their own party. So we'll have to see who he pleases and at what time. Thank you for the reporting.

In other -- some big headlines for you this morning. As expected, the fraternity at the center of that discredited "Rolling Stone" gang rape story, they're going to sue. Phi Kappa Psi calling the report reckless. Monday Columbia Journalism School tore apart the report, citing basic failures of journalism all the way through it.

Now, "Rolling Stone" has retracted the report, but fired no one and did not specifically apologize to the fraternity. But they may get another chance to do that soon.

CAMEROTA: Here's a terrible story to tell you about. A father and his seven children, aged six to 16, found dead in a house in Maryland. Police say they believe carbon monoxide poisoning is to blame, and a gas generator found in the home may have been a source. A relative says the father was trying to keep his kids warm after the power company cut off service because of an outstanding bill.

PEREIRA: A little sports for you here. You knew I was going to talk about Duke once again, the king of college basketball. The Blue Devils beat the Badgers 68-63 to claim the NCAA championship. Now this is the fifth title for Duke under Coach Krzyzewski.

Duke actually trailed by nine in the second half before storming back, led by 23 points from Tyus Jones, who was named the Final Four's most outstanding player.

His other -- Jalil Okafor, the two of them have grown up since they were in grade school; played basketball together. It was really great to see the two of them win big and big together. Even though there were hopes and dreams crushed in brackets across the nation.

CAMEROTA: That's true.

CUOMO: That's what makes it great, though.

PEREIRA: I know. The agony of defeat and the joy of winning.

CUOMO: He's now No. 2 now, Coach K, behind John Wooden, in terms of the most NCAA.

CAMEROTA: Is that right?

CUOMO: Well, he's got a long way -- he's got a long way to go. But the...

PEREIRA: He was a basketball coach.

CAMEROTA: I know John Wooden. There aren't many things I know in sports, but I do know that, because I was around Georgetown during that time.

CUOMO: The mark of a great coach is that they make great young men, and that's what both of these guys are known for.

Look, it would have been nice to see Wisconsin win. But I've got to tell you, Duke wasn't supposed to win either.

PEREIRA: True.

CUOMO: And they had to really overcome a lot of obstacles to get there.

PEREIRA: A lot of them.

CUOMO: It was great game.

CAMEROTA: Yes. It was fun while it lasted.

PEREIRA: That's for another year.

CAMEROTA: OK. As we've been reporting, Rand Paul set to announce his presidential bid a few hours from now. We will speak with a guy who knows him very well. What might surprise you about the candidate. Stick around.

(COMMERCIAL BREAK)

CUOMO: Big day for Rand Paul. The Kentucky senator is expected to throw his hat in the ring for 2016. He wants to be president. He is a libertarian, certainly a different candidate. That means can he win? That's code.

So let's bring in Brian Darling, former senior communication director and counselor for Senator Rand Paul.

Brian, it is good to have you. So we know you know the senator. This is his big chance. It's all about labels at this point. But when you see him, why do you think he has a chance?

BRIAN DARLING, FORMER SENIOR COMMUNICATION DIRECTOR FOR RAND PAUL: I think he's a transformational figure. Look at his 13-hour filibuster to defend the Bill of Rights in 2013.

[07:20:09] 2014, he sued the president over NSA spying. He's proven to be a champion of the Bill of Rights, somebody who's not afraid to work very hard on civil rights bills. He has his own civil rights legislation he's putting. I think he's reaching out to new aspects of the Republican Party and showing that the Republican Party can grow.

And I think he's libertarian-ish. That's what he calls himself. And he's showing that libertarians and Republicans can work together and maybe actually win this primary to be the Republican nominee for the presidency.

CUOMO: Libertarian is a little bit of a dirty word, though, within the GOP. How does he show that he's got his bona fides, with that, you know, the more hard-core GOP voter? Can he do it and still seem sincere, which is a big currency for him?

DARLING: Of course. I think on foreign policy, it's actually his strength. He's a realist. He's somebody who doesn't believe in the nation-building of the past. Look back to the Bush years, and I think that the American people thought that the federal government was a bit too aggressive in the Middle East. I mean, we still have wars in Afghanistan. We still have troops there. We're still -- we're fighting a new war in Iraq.

But he also can balance that. He has proposed his own declaration of war against ISIS. I think he provides a good balance. He doesn't believe in nation building, but he does believe in defeating our enemies like ISIS. And I think that's refreshing for the American people.

CUOMO: He doesn't want to chase the pack. We get that. And of course, that's going to be a burden to see, when he does chase the pack, he'll be more singled out for it. That's going to come down to personal resolve.

You know the man. What don't we know about Rand Paul on a personal level that should matter?

DARLING: He's a really good guy. I think he's a very personable guy. He's very intelligent. I think he's -- Politico called him a one-man think tank, because he's the kind of guy that had an idea every day.

I think as a staffer, it was refreshing to sit next to him during his filibusters, 13-hour filibuster, and to watch him speak for an hour off the top of his head without notes.

I think the American people are going to meet a guy who's very thoughtful, who's got new ideas, who's a transformational figure and a guy that they're really going to like.

CUOMO: Does he have a talent that will come out during the campaign that we haven't heard or seen of before? A little saxophone? Anything? What does he have?

DARLING: Well, he's an eye doctor. I don't think many Americans know that he's an eye doctor. That's his profession. He went to Guatemala last year to help out, to volunteer his time to help out people who were having -- didn't have the resources to go to an eye doctor, so they can see again. I don't think the American people know that.

I think they understand a little bit about him, that he's got a gift for speaking, for public speaking. They saw that in the 13-hour filibuster. But I think they're going to see a guy who's a very personable guy. In Washington, he's known as somebody who loves a congressional baseball game. He's a good guy, and I think the American people are going to see him as a conversational person. A candidate who they can listen to and be comfortable with. And somebody who they can settle on and vote for.

CUOMO: He's got to pass that "have a beer" test, you're saying. Right? It's very important that the American voters understand that there's a relatability there on a human level.

Now, he's running about third in the Republican polls, but he's running first in the most recent poll that we have against Hillary Clinton. That's the good news for him, right? The question is going to be, how does he combine that? How does he combine what makes him popular against Clinton within his own party? How much of that's going to involve who his father is? How does he play that?

DARLING: Well, he's an anti-establishment candidate. I mean, I don't think the American people are super-excited to have a throwback campaign, where we're looking at another Bush or another Clinton. I think that he's going to have to build on what his father has done.

His father did do very well in Iowa. Got over 20 percent in the Iowa caucuses; got over 20 percent in the New Hampshire primary. But he's his own man. He's very different from his father. But he needs to build on that libertarian Republican base to expand the party and get enough of a percentage to take this nomination.

If there is a pathway to victory, I think he can do it. I think New Hampshire and Iowa, he spent a lot of time in those states, and he's been pounding the pavement maybe more than any other candidate. But he needs to establish himself as a guy who's going to go out and push back against Washington, D.C., and for the American people.

CUOMO: Well, he's going to get pushback, as well. Some positions have changed over time. But we'll leave that to another day. Today is the day to see how strong he comes out of the box. Brian Darling, appreciate your insight into this man very much. Kentucky Senator Rand Paul, it's a big day for him.

DARLING: Thank you.

CUOMO: All right. So now that you've heard about it from somebody who knows him, what do you think? What's the upside and the down side to Kentucky Senator Rand Paul? Let us know on Twitter and also on Facebook.com/NewDay -- Mick.

PEREIRA: All right, Chris. Jeb Bush's 2009 voter identification form is causing a bit of an uproar. Coming up "Inside Politics," is there a third Hispanic candidate running for president?

(COMMERCIAL BREAK)

[07:29:08] CAMEROTA: Welcome back to NEW DAY. Let's bring you some of your top headlines.

Admitted Boston Marathon bomber Dzhokhar Tsarnaev could learn his fate today. The case now in the hands of the jury, and they may rule quickly, since Tsarnaev's attorney admits he fully participated in the attacks. But the defense also argues that older brother Tamerlan manipulated Dzhokhar into taking part in the attack. Prosecutors say the Tsarnaev brothers were equal partners.

CUOMO: We have breaking news out of Yemen: three students killed in a Saudi airstrike that went horribly wrong. The strikes were targeting a military base used by Houthi rebels but instead hit a school nearby. Six other students also injured. We have no comment yet from the Saudis.

PEREIRA: We're watching this, six people rushed to the hospital following a blast at a chemical plant in china. Officials say the blast was so strong it was felt 30 miles away. Authorities said there were no leaks from the plant's three tanks that were burning hydrocarbon liquids, and no signs of contamination. Now, this is the second explosion to hit that factory in some 20 months.

[07:30:03] CAMEROTA: Here's an important story. I hope you'll all look at the screen right now.

PEREIRA: Definitely.

CAMEROTA: There's a pesky Easter bunny...

PEREIRA: Out of nowhere.

CAMEROTA: ... wreaking havoc with the Washington Nationals ballpark tradition. This was Opening Day. The bunny took down two presidents during the mascot's race, they came out of nowhere, as you just saw, to pummel George Washington. Then Teddy Roosevelt bore the brunt of the bunny's wrath. President William Taft escaped unscathed, thankfully, to win the race. There's no word on what prompted the bunny's outburst.