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Tulsa Records Released; Boston Marathon to Begin; Image of Weed. Aired 8:30-9a ET

Aired April 20, 2015 - 08:30   ET

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

(COMMERCIAL BREAK)

[08:33:25] CHRIS CUOMO, CNN ANCHOR: All right. So we just got word that the Tulsa County sheriff is getting ready for his first news conference since Reserve Deputy Robert Bates shot and killed Eric Harris. Now this comes after training records were released for Bates following a report from the newspaper "Tulsa World" and they claimed that his training was falsified. They say they have numerous sources. The newspaper is now reporting that part of their information is that the gun that Bates used should not have been in his holster. His attorney is Scott Wood, and he says that he has proof that shows that there is training.

You sent us some 64 pages. We can't authenticate them, but we certainly got them and we went through them. Bottom line, let's test the case. Was your client trained adequately, as he was supposed to be, for the work he was doing?

SCOTT WOOD, ATTORNEY FOR ROBERT BATES: Without a doubt, Chris, he was. In the records, as you can see, are very extensive, cover a wide range of topics in law enforcement and has the firearms training included.

CUOMO: OK, so the "Tulsa World" reporting, again, it's not my reporting, but I can't authenticate what you sent either. But this is what they say, that he did not have the training for the weapon that he used that day, and that the guidelines were that he shouldn't even be carrying that weapon and they say, unlike you, that he did not have the 450 requisite hours, and, you know, even adding up yours, I don't know that it adds to 450. So what are those allegations? Did he train on this weapon? Should he have had it? And how do you prove the 450 hours?

[08:35:00] WOOD: Yes, he - he was absolutely authorized to carry that weapon. First of all, under Oklahoma law, if you look at 210-S 1289.6, I think it's A-4, it says that a police officer can carry his own personal weapon any time they're engaged in any type of police function.

CUOMO: Even a deputy, even a reserve deputy, no different rule?

WOOD: No different rule. That is correct. And in this case, Reserve Deputy Bates had taken that gun - and usually, when you qualify with a backup gun, it's at the end of a qualification day and you - in the case of a snub-nose gun like this, you shoot a different course of fire from about 15 yards in. And he recalls that happening with who we now believe is a Secret Service agent was the range master that day. So there's no doubt that he was legally carrying that gun at the time of this incident.

CUOMO: All right. And the other requirement is that you can only carry a weapon, assuming you're allowed to carry that weapon as listed, if you've been trained on it. And the allegation is that your client was not trained in the weapon that he was carrying that day. Is that fair?

WOOD: No, it's not fair. I mean all these unnamed sources, I mean it's just an allegation. They don't have anything to back that up. They keep saying that over and over.

CUOMO: That's the sheriff office policy. Can you prove he was trained on the weapon that he had that day?

WOOD: I think we can. And -

CUOMO: You think you can or you can? Do you have the documents?

WOOD: Well -- well, we don't - we do not have the documents in our possession.

CUOMO: Who does?

WOOD: If - if anyone does, it would be the sheriff's office, or some range masters keep all of their records for every qualification. If we can find this Secret Service agent.

CUOMO: So how do you know that he had the training on this specific weapon, because Mr. Bates told you that he did? He remembers doing it?

WOOD: He remembers doing it. That's correct.

CUOMO: Tell me that again, sir.

WOOD: He does.

CUOMO: OK.

WOOD: He distinctly recalls shooting with this female firearms instructor who is now with the Secret Service. That is correct.

CUOMO: All right, so this - this will all have to be vetted, either the documents exist or they don't. We do understand that these types of documents aren't on the main discovery menu that people can usually make to police. But that said, they should have them.

The second part of the allegation is whether or not they were forged. That will be something that obviously the burden will be on the reporters to prove that, and any state investigation that comes as a result. That's one aspect.

Now there's an entirely different part of this case, which is, should your client have been there in the first place? Now the last time you were on the show, and Mr. Bates himself, as we saw on television, you both tried to make the case that, you know what, he's usually nowhere near the action. He's all the way in the back. He was a third of a mile away and he says, I usually just carry the equipment. It seems like you're trying to paint him as a guy who's not supposed to be in the action. Is that true?

WOOD: He - he is not regularly included in the action. He does have containment duties. And sometimes containment officers have to act. He has acted in the - in the past by -

CUOMO: How so? How has he acted?

WOOD: He's apprehended people by shooting them with his pepper ball launcher. He has used his Taser before on people. I don't think, though, that he's ever been in an incident that - where the threat level of the suspect was as high as this. He believed that he had to act in that moment. He had a short time where he thought he could neutralize the suspect with his Taser and they could get him into custody. Contrary to what's been said, Eric Harris was resisting the entire time, even after he was shot. Fire department records, the ambulance records, there - he was still combative 10 minutes later when they arrived.

CUOMO: I think that - I think that you would have a hard time making that case that he was combative when that man's knee was on his head and all he was doing was screaming about being shot, but that's neither here nor there. You have the legal concerns of whether or not this will be an excusable homicide under the law. And I know that you have to worry about that case because that's the biggest thing.

But there's this biggest - this other issue about the court of public opinion. Do you believe that a senior citizen, who hasn't been involved with police work since the '60s, as an occupation, should be involved in these types of operations?

WOOD: Well, Chris, you make it sound like he - this was the first day that he came out. He had been doing this for the last five and a half or six years. He has been on hundreds of operations along with the task force.

CUOMO: I know. I think you could argue that makes it worse. You argue that as a point that makes it better. I would argue it's a point that makes it worse, that you had someone like this around such sensitive situations.

WOOD: Well, let me tell - well, let me tell you something. This task force works with the FBI occasionally, the DEA occasionally. The district attorney's office has gone with him. And every time Mr. Bates has been on the scene and doing his role, no one has lodged a complaint in the past. None of these people -

CUOMO: Well, that's -

[08:40:00] WOOD: From many outside agency. He's performed as he was supposed to, because he's confident and qualified.

CUOMO: But is that because what he's usually supposed to do is nothing. And that in this case, he went up and did what you'd have to do if you were in the thick of it and he made a mistake that caused a man his life. Now whether or not he's criminally responsible for that is one issue, but whether or not it's good policy to have at all is the other one. And that's going to be something we'll have to debate going forward. But I appreciate you coming on very much to continue this conversation and give us the latest round of offering. We'll see you again, soon , I'm sure.

WOOD: Great. Thank you, Chris.

CUOMO: Thank you, sir.

Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, Chris.

Thousands of runners ready to hit the pavement in Boston, vowing not to cower in the face of terror. We take you live to the ultimate "Boston Strong" moment.

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JOHN BERMAN, CNN ANCHOR: Time now for the five things to know for your new day.

Number one, two shipwrecks in the Mediterranean. The first off the Libyan coast, leaving hundreds dead and many missing. And this morning, another boat going down off the Greek coast with dozens missing. Three more boats are said now to be in distress.

[08:45:00] The Ethiopian government confirming in a statement to Reuters that 30 of its citizens were executed by ISIS in Libya. The terror group had released a new video showing this atrocity. A masked terrorist was heard threatening Christians must convert to Islam or pay with their lives.

Six people arrested in Minneapolis and San Diego in an anti-terror sweep. They reportedly traveled to Syria, or tried to, in order to join ISIS or other terror groups.

Officials in Baltimore promising a thorough investigation into the death of Freddie Gray, who died a week after his arrest. This family alleges a cover-up.

And so far e-mail issues and Republican attacks not hurting Hillary Clinton's numbers. A new just released CNN/ORC poll, the first since Mrs. Clinton declared her candidacy, shows her leading among Democrats with a commanding 69 percent of the vote.

For more on the five things to know, go to newdaycnn.com for the very latest.

Alisyn.

CAMEROTA: OK, John, you'll love this next story. Thousands of runners are "Boston Strong" and ready to race. This year's Boston Marathon, two years after the horrific bombing and a day before the penalty phase begins for convicted bomber Dzhokhar Tsarnaev. CNN's Alexandra Field is live in Boston for us where we understand security is tight.

How does it look, Alexandra?

ALEXANDRA FIELD, CNN CORRESPONDENT: Absolutely, Alisyn. We know that there are a lot of uniformed officers out there, also un-uniformed officers, detectives who are positioned up on rooftops to keep an eye on the race, bomb sniffing dogs, cameras all along this course. Of course, these are measures that people in Boston have grown used to and, frankly, they're measures that many people here now welcome.

Hundreds of thousands of people are expected to come on out and cheer on those runners who have trained so hard, worked so long for this moment. Among the racers today, you'll have more than two dozen survivors of the 2013 attacks participating in this race. It is bound, of course, to be an emotional day, and it happens against the backdrop of the continuing trial for the Boston Marathon bomber. That trial resumes tomorrow with the death penalty phase. That's when jurors will determine whether or not to sentence Dzhokhar Tsarnaev to death.

Today, though, this city, the people in it, they are focused on the runners who are about to get on this course. This is a beloved tradition in the city of Boston. There is tremendous resolve to maintain it.

Chris.

CUOMO: And, of course, look, there's such focus on wanting that race to be what it's supposed to be about, not about what it was on that one occasion. So, Alexandra, we'll check back with you. Thank you very much.

All right, big story in the news, marijuana and money becoming more and more of a pair these days. More states legalizing weed. We're digging deeper to find out why. Are Americans warming up to this idea?

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[08:51:20] BERMAN: So it's green, it gets you high and some people love the smell. Yes, that's marijuana. But it is also money. And the two are going hand in hand as more states legalize marijuana. Here to talk about pot, business profits and how both are really changing the way the country thinks about marijuana is Mac Montandon. He's the senior editor of fastcompany.com.

Mac, thanks for being with us.

MAC MONTANDON, SENIOR EDITOR, FASTCOMPANY.COM: Thanks for having me.

BERMAN: You have an issue coming out this week about really the business of pot. And the lead article in the magazine is about rebranding, which to me is an interesting choice of words because I don't know that pot needs rebranding help here. It seems to be on a trend line that is nothing but up.

MONTANDON: Right. Well you're absolutely right, it is trending in that direction. You know, more and more states are interested in not only legalizing medical use of it, but recreational use. We're calling it that - the series on Fast Company's website "Rebranding Pot" because, as we move into the mainstream with the product and just vast amounts of money, some people peg it at, you know, a $10 billion business, others up to $120 billion business. We're just going to see an explosion of innovation and entrepreneurs rushing into this space and they have to figure out how to talk about this product that for a lot of Americans, people all over the world, is still associated with an illegal substance.

BERMAN: And it is. You know, we talk about moving into the mainstream. In some ways it, you know, it is the mainstream. The Pew Research Center has a poll which shows that in the five years between 2010 and 2015, attitudes shifted completely where now, you know, people say should marijuana be legal or illegal? You see, you know, 53 percent - or 52 percent say it should be legal now. Just utter reversal. How - how did that happen so fast?

MONTANDON: Right. I think there's a few things happening. It's a complicated issue, of course. But I think, you know, you start with the medical establishment and community endorsing it and the medical benefits and health benefits and ability to even fight a range of illnesses and diseases from cancer to Alzheimer's to nerve degenerative diseases. So you start there.

You know, it's also a huge social issue. More people are arrested for possession of marijuana in this country than all violent crimes collectively. I think it's something like one every 48 seconds an arrest for marijuana possession. So it is a massive social issue with huge financial implications. And finally, you know, what does this country do best but innovate and explore market opportunities. So all those forces are coming together.

BERMAN: You guys - you guys are a money magazine essentially. Who's going to make the money off of this?

MONTANDON: Who isn't? I mean there are opportunities across the board from, you know, private equity firms to, you know, the Bob Marley estate is very active in this space. They have a line of products called Marley Natural coming out at the end of the year. So it's really everyone from, you know, former Yale MBAs who are starting these private equity firms, to anyone who has a great idea who can come to market with it.

BERMAN: What's the risk here? What's the financial risk? Why should someone hesitate before getting into the marijuana business if, as you say, it's only going to go up from here?

MONTANDON: Right. I mean in any new industry, there's going to be risk. Here, while the trends are heading toward legalization across the country, you know, it's still - it's still only legal recreationally in four states and D.C. So, you know, we'll - I think next year is huge. There will be a ballot initiative likely in California for - to legalize recreational use. So, you know, next year is a big moment for this issue. And if California goes legal, then who knows.

[08:55:02] BERMAN: Yes. So goes California, so goes the nation.

Mac Montandon, great to have you here with us. Really appreciate it.

MONTANDON: Thank you very much.

BERMAN: "The Good Stuff" is next.

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CUOMO: Time for "The Good Stuff." Mackenzie Moretter - all right, now this one you've got to listen to. Minnesota, all right. The kid suffers minor brain damage as just a little baby and it makes her a little different, OK? So it comes time for her tenth birthday and guess what, everyone she invited, no one comes.

CAMEROTA: Oh.

(BEGIN VIDEO CLIP)

JENNY MORETTER, MACKENZIE'S MOM: I want so much for Mackenzie to belong. I want her to - to have friends and people that accept her for who she is and -

(END VIDEO CLIP)

CUOMO: You know, mom admits, it is a little harder for Mackenzie to make friends. But her mom took to FaceBook just to find a few girls Mackenzie's age. You know what she got? Five hundred people. They wound up having a party so big the town had to lend out a park to hold everybody. The mayor declared it Mackenzie Moretter Day and even did a police fly-by.

Now, if this story sounds familiar, I can't believe this, but the exact same thing happened to Glen Barati (ph) from Florida. We told you his story back in February about how, you know, he's a little bit different and the kids in his class, no one came. And I thought I'd never hear a story like this again.

[09:00:02] CAMEROTA: Right.

CUOMO: Can you believe this?

CAMEROTA: Well, this is the upside of social media. It works. And it makes her have this great party. It's wonderful. It's a great story.

CUOMO: But, I mean, look, we - we all have young kids. The idea that nobody shows up to the party for this kid.

BERMAN: Heartbreaking. Heartbreaking.

CUOMO: I just - I mean you've got to