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New Day

Possible Finding in Investigation into Death of Freddie Gray Leaked; Protests against Police Brutality across U.S. Continue; New State Attorney Faces Big Test in Baltimore. Aired 8-8:15a ET

Aired May 01, 2015 - 08:00   ET

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

[08:00:00] CHRIS CUOMO, CNN ANCHOR: Welcome to your NEW DAY. It's Friday, May 1st, 8:00 in the east. Michaela is in New York for you, Alisyn is off. We are live in Baltimore where new information sparks new outrage late into the night. Baltimore police delivering their report on Freddie Gray's death to prosecutors, admitting the van transporting Freddie Gray made a previously unreported second stop, a second stop that means that officers did not report.

Later today Gray's autopsy findings could be ready for prosecutors just as a leak comes out about what the medical examiner caused Gray's injuries. We're covering the story the way only CNN can. We were in the streets. Here is what happened.

(BEGIN VIDEOTAPE)

CUOMO: Anger spikes after documents are leaked in the investigation into Freddie Gray's death.

It feels a little different tonight.

The passion on the streets of Baltimore overnight spilling on to intersections across the country. Despite a few tense moment in Philadelphia when protesters try entering a highway, voices rage but protests are mostly peaceful.

The police are sitting here and watching this, so it's about a balance.

Officers understanding the outrage in Baltimore, saying they will only interfere if public safely really becomes an issue. Once again, the 10:00 curfew nears.

UNIDENTIFIED MALE: We are getting ready to leave this area.

Once again, Congressman Elijah Cummings on the streets telling protesters to go home. And once again, people, for the most part, respond. As the police line closes in on the few deciding to stay, one man, agitating the line, enveloped by police, disappearing behind the shields, handcuffed and taken away.

UNIDENTIFIED MALE: How is it possible for me if I am strapped down in a police wagon with my hands tied do I sever my own spine?

Two new points of contention, that Gray's deadly injuries were caused when he slammed into the back of the van, apparently breaking his neck according to CNN affiliate WJLA which spoke to multiple law enforcement officials briefed on the medical examiner's findings. Sources telling WJLA the head injury matches a bolt in the back of the prison van. Police also reveal the fatal trip after Gray's arrest included yet another stop. Apparently they did not know it happened until recently when it was discovered, not from police, but a privately owned camera on the streets of Baltimore, raising new questions about Gray's treatment after his arrest.

COMMISSIONER ANTHONY BATTS, BALTIMORE POLICE: People are jumping to conclusions. I think it's unfortunate these things are coming out and I think that is inappropriate. I think people should take a deep breath and wait for the state's attorney.

(END VIDEOTAPE)

CUOMO: It may be inappropriate, but it's what's happening, especially in light of that previously undisclosed second stop by the police transfer van, which adds to the mystery of how Freddie Gray suffered his fatal injury. Then you get this leak about the medical examiner's findings, and that takes some mystery away.

So let's figure out the balance. CNN's Evan Perez has more on the investigation. He's actually joining us from the location of that newly disclosed police stop. How does it all fit together, Evan?

EVAN PEREZ: Good morning, Chris. We are here in west Baltimore at the corner of Mosher Street and Fremont Avenue, and this is a privately owned surveillance camera at a grocery store here in north Baltimore that captured that stop that the police finally disclosed yesterday. They didn't know about it until last Friday, and the owner of the store told CNN that the police came and took the surveillance video images off of his computer. The store was looted on Monday, a couple days afterwards, so he didn't know at the time that this was going to pose a crucial part of this investigation.

And as you mentioned, the investigation has taken another turn with this report from WJLA which cites information from perhaps the police report taken from the medical examiner showing that Freddie Gray suffered a fatal injury perhaps from the back of the van. Now, they say the injury in the head matches a bolt in the back of the van. We don't know how that injury was sustained, whether it was self- inflicted in the thrashing around in the back of the van or whether somebody intentionally did this to him. Again, additional questions being raised by the report. We know the medical examiner is going to be providing its report to the state attorney's office as soon as today. Michaela?

[08:05:01] MICHAELA PEREIRA, CNN ANCHOR: All right, we will be watching for that, Evan. Thank you so much.

Meanwhile, let's look for the demonstrations that are happening around the country planned for today, many on the west coast on the heels of the protests that we see in places like Philadelphia. We know some violence occurred there. CNN's Rosa Flores is looking at all this for us. Hey, Rosa. ROSA FLORES, CNN CORRESPONDENT: Michaela, good morning. Social media

is blowing up with hash tags like "Philly is Baltimore," because that's the sentiment around the country that police brutality is happening in other cities.

I want to take you out to the streets of Philadelphia. This was Philadelphia last evening, and you can see that the demonstrations started off peacefully, and then you see a tussle ensue. Tensions start to grow, and look at this, tensions boil over.

This is when demonstrators are trying to go on to I-95 and police officers are saying no way, not going to happen, not going to let you go on to the interstate. Then you see that demonstrators start putting their hands up and chanting, and police start to cuddle together there and make sure that the protesters don't go on to the interstate.

Now, about two people were arrested in Philadelphia at the end of the day. We're going to Cincinnati, very orderly there. It started off with a lineup of speakers and ended with demonstrators marching to police headquarters.

But this is not over and we are expecting more protests today, take a look at this, from New York to Oakland. One of the reasons why the number of protesters is going to increase today is because it's also International Workers Day. What that means is there were already demonstrations scheduled around the country, and now these organizations for immigration and workers' rights are expanding their mission and saying they are adding that "black lives matter." Michaela?

PEREIRA: It will be interesting to see how that plays out. We'll be watching here at CNN. You can stay with us for that.

There is always a lot of scrutiny around how the president responds to situations like Baltimore. Some would say that he has been fairly quiet on these type of race-relation issues. White House correspondent Michelle Kosinski is joining us live from the White House for that. Hi, Michelle.

MICHELLE KOSINSKI, CNN WHITE HOUSE CORRESPONDENT: Hi Michaela. We heard President Obama speak out pretty bluntly on this subject this week, even calling out the press and the public for being reactionary, although his critics would charge that his biggest statements on race have been reactionary too. And then his legacy on race has yet to be determined.

His senior adviser, Valerie Jarrett, though, says the White House has been very engaged, that she has spoken herself to both the governor of Maryland and the mayor of Baltimore every single day this week. And she said that the president is briefed every day on what is happening in Baltimore. She also said that he, himself, is watching those pictures, and she talked about his personal reaction to some of the most distressing video we've seen since Ferguson, the shooting of Walter Scott in South Carolina.

(BEGIN VIDEO CLIP)

VALERIE JARRETT, SENIOR WHITE HOUSE ADVISER: Devastating. I don't know that he has ever seen somebody just gunned down like that before who is running away. How can we ensure that police are members of the society, and they are living in the community, they are part of the community, and we want to make sure we strengthen that bond and do everything we can to highlight the best practices.

(END VIDEO CLIP)

KOSINSKI: And as with past incidents, now there are questions as to whether the president is going to go to Baltimore. The White House says he does want to go possibly when things calm down there because they said if he showed up at a time like this it would draw too many resources away from the community. Chris?

CUOMO: That's a big question, right, Michelle, what do you do? Do you wait to go or go and make an influence earlier? That's the balance that they will have to figure out. Thank you for the reporting.

Let's bring in someone who has been on the ground every day, Reverend Jamal Bryant, pastor of Empowerment Temple Church. Reverend, thank you for being on NEW DAY once again.

REV. JAMAL BRYANT, PASTOR, EMPOWERMENT TEMPLE CHURCH: Good morning.

CUOMO: So you know that it was angrier last night. We heard it from young men and women and older men and women. They said they don't like what they are hearing coming out of the investigation. Even the little bits make it looks like it's getting ready to say nothing wrong happened here. What do you tell them?

BRYANT: It's very disheartening, and it ought to be greater motivation for us to give redress of what is taking place. We're really out in these streets for police reform and to break the prison pipeline. That's what this is all about. That's why Philadelphia is marching. That's why Chicago has joined in and New York is standing with us. It's not an isolation. It's a nationwide epidemic.

And that's why I figure it's so important President Obama needs to get here. He doesn't even need Air Force One. It's a 40-minute drive for him to see his constituency base. The reality is for the last two's elections African-Americans overwhelmingly went to the polls. We are part of his electorate. You can't police the world and you do not pay attention to how policing is taking place at home.

CUOMO: One step sideways, is President Obama in a no-win position when it comes to race, because as the first African-American president African-Americans seems to have an expectation that he seems never to be able to meet, and yet whatever he does do moves the other side of the balancing test with race and politics against him. Can he win?

[08:10:00] BRYANT: Yes, he can win. It's a cop-out. He has been a president in an outstanding way for the gay and transgender community. He's been an incredible ambassador for what is taking place in Israel. He has he lifted up his voice wherever there is a crisis, and now the electoral base that has been his greatest level of support in two elections, you have to wait until you are politically correct, it doesn't show leadership.

Winston Churchill said when you're going through hell, keep going. And so if you are going to be a real leader, this is the time to stand. That's why Elijah Cummings could be home, but every night he is out in that crowd, Senator Katherine Pugh is out in the crowd because she understands this is what real leadership calls for and this is what we demand of our president.

CUOMO: The mayor said that the chain of command a lot to do and her place is not at the protests. Do you accept that?

BRYANT: Absolutely not. She is a citizen of this city before she is a mayor. She boasted she comes from Baltimore, her parents are from Baltimore, raised from Baltimore, and is a parent. Everybody has been celebrating the mom of the year who got her son out of that line. People are coming here literally from all over the country because they said Freddie Gray could be my child. And so as a sign of symbolism that I am with you, I understand the pain, take off the mayoral hat, put the badge away, and say I stand with you as a citizen.

CUOMO: Reverend Bryant, you are very critical of elected leaders, and yet you should be happy, right, because politics dictate you have gotten what you want. You have a black mayor, Democrat, you've got a black president, Democrat, you've got a prosecuting attorney, black women. Yet have ethic and racial diversity, they're all Democrats, and yet you have problems. Maybe the party is failing you, and maybe having a similar race with the leaders is not enough?

BRYANT: Here's the issue. We cannot say just because we are the same color that I don't hold you accountable. President Obama has done incredibly well with initiatives for black men and for saving HBCUs and opening up opportunities for young people to have two-year degrees.

Does that now mean because you are black I don't hold you accountable? If in fact this was President Bush or President Clinton, we would in fact be making this same claim. He declared he was not the president of red or blue America. What we're waiting for, will you be president black America in this hour? I think he's done an incredibly job. Our mayor is doing the best that she can. That does not mean I don't hold you accountable. The preacher of liberation theologian that we have black balled in America, Jeremiah Wright, said everybody who is your color isn't your kind, and we have got to make sure that it's not just on surface value but full of substance.

CUOMO: So the people are angry. They don't like what's leaking out. It was more definitely more hostile last night. You're heading into the weekend and you're going to have good weather. You know as an organizer that means crowds are going to come out. You are holding marches this weekend. What is your message and what are your concerns? BRYANT: Is that we look for the long term. It's an incredible day.

You have been out here and the last couple of days have been frigid and overcast. It's a clear day. I am going to that community where Freddie Gray was kidnapped and killed, and we are going to feed 1,000 people today to let them know it's still not just an issue of incarceration. What is not being discussed with an issue of economy, where 67 percent of the people in that zip code are on some level of public assistance. These young people are crying for education and for jobs, and we've got to be able to --

CUOMO: What do you tell them? Because you go to them and they are angry, they want to believe you.

BRYANT: Yes.

CUOMO: But outsiders blame them for their own problems.

BRYANT: Absolutely.

CUOMO: Don't commit crimes and you don't have to worry about the police. Go get a job, study harder and you'll do better. The outsiders are with them. And the electeds, 50 years of Democrat rule for Baltimore, they have not changed circumstances. O'Malley wants to run for president on the basis of his record here. It doesn't look like the best pedigree. So what to you tell them to give them hope?

BRYANT: A lot of people are judging Baltimore and black Americans on a sound bite and a clip. If in fact you think the uprising was just about Monday, you have got to deal with the 30 years of people being the victims of gentrification, red lining of their zip code, having an over prison population. If, in fact, Chris, there are 866,000 black men in jail right now and there are only 2 million people in jail total with 15 percent of the entire U.S. population, over 67 percent of the prison population, something is out of order and it calls for an immediate redress.

CUOMO: Can you keep the momentum for people wanting change and doing what it takes after the resolution of Freddie Gray even if Freddie Gray goes the way the community wants?

BRYANT: Yes. You are seeing it last night in Philadelphia, that the eyes of the world are now watching as a litmus test, because it's altogether different from Sanford or Ferguson where you have a white mayor or white police commissioner. Now we're dealing based off of the principle. If it's not color let's deal with character.

[08:15:02] And so what it is that Loretta Lynch is going to have to do is do a clean sweep of training, and having our law officers have an understanding of the law, as was, in fact, displayed this week, when protesters were arrested on Monday, but weren't released until Wednesday night at 11:00. According to habeas corpus, you can only keep somebody 24 hours without giving them a charge. They failed to do that, and so as a consequence, we brought in the National Black Attorneys Association to give redress to it.

So, today, I'm bringing thousands to the Baltimore City so that we can and we want to highlight what is the issue. The issue is not Camden Yards. The issue is not CVS. The issue is how it is that African- Americans don't believe that America is holding up to its promise of liberty and justice for all.

CUOMO: Reverend Bryant, thank you for the perspective.

BRYANT: Thank you.

CUOMO: Good luck for safe marches.

BRYANT: I appreciate it.

CUOMO: Mick, to you.

PEREIRA: All right, Chris. Thank you so much for that conversation.

Some other news to get to right now. Changes are coming to the Tulsa County sheriff's office after reserve deputy Robert Bates gunned down a man during after a sting. Reserve deputies can no longer patrol the streets alone, and their services now limited as the department audits training records of its 126 reserves. This review follows allegations that Bates did not complete required training before killing and shooting last month.

David Wildstein, a former top ally of New Jersey Governor Chris Christie, expected to plead guilty today in connection with the bridgegate scandal. According to several reports, "The New York Times" also reporting other indictments are on the way. Governor Christie has long maintained he knew nothing of the closures, but Wildstein says evidence exists proving otherwise. Wildstein was an executive with the agency that overseas the George Washington Bridge.

This is such a great story. If there was a test of forgiveness, well, the pope passed. An Italian man hung up on the pope, not once but twice, thinking they were prank calls. Apparently, Pope Francis often calls strangers, people that write to him or whose problems that he's heard about it. In this case, it was to comfort Franco Rabuffi who was ill. When the pontiff called back a third time, Rabuffi actually took the call and then promptly apologized to the pope. I think that is such a great story.

All right. Back to our top story. A city on edge as questions grow about what happened to Freddie Gray, what preparations are being made in case emotions boil over again this weekend.

And to Nepal where desperate efforts to reach people suffering after the quake continues. Our own Dr. Sanjay Gupta performing true act of heroism, saving a woman's life. You cannot miss this.

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[08:21:13] CUOMO: Baltimore's top prosecutor now has the Freddie Gray case, but will the office charge? New events coupled the coming weekend of warm weather could mean big crowds, loud voices and high tension. We have a man uniquely positioned to know and do more about the

Freddie Gray case than most. His name is Nick Mosby, he is a councilman who is respected in the angered communities, and he also happens to be the husband of Marilyn Mosby, the state attorney charged with reviewing the findings in this investigation.

Councilman, thank you.

NICK MOSBY, BALTIMORE CITY COUNCILMAN: Thanks for having me on, Chris.

CUOMO: On a human level, what is it like in the Mosby household right now? You are a councilman at the center of the communities that are most angry, and your wife has the case?

MOSBY: Well, it's pretty interesting. I mean, obviously, the past couple of weeks have been really stressful not only for my wife but also for me in trying to deal with the issues of my constituents.

So, to be honest, we don't see a lot of one another, and she is working really late nights and I have been out at all the protests and demonstrations late night, so we don't get an opportunity to really, you know, interact inside the household.

CUOMO: Elijah Cummings, congressman, on here says he respect the integrity of your wife, the prosecutor, so much that even if she finds there is a case that will not sustain the burden of proof, he will trust it.

MOSBY: Yes.

CUOMO: High praise, and you have to think about that, and I am sure the prosecutor is, and what happens if she reviews the evidence and says, "I can't make a case against these cops"?

MOSBY: Well, the congressman bumped on something that's exactly right and that's really about the public's confidence in her and her ability to make a critical decision like this. When you look at her election, I think this is one of the reasons why folks in a very strong favorable election towards her as it relates to results, came out and really voted for her, because they feel confident that in these types of situations, she is going to make a right call from the integrity perspective. I think she has the people, and the people know that they can rely and trust on her.

CUOMO: So, the people got a taste yesterday, and already the mouths were bitter and they came out last night. What do you say to them when they come and say, they are laying the ground work for a cover- up, councilman, they are saying they hurt himself on the bolt, you know, they're saying that this was an unscheduled stop that nobody knew, there's a cover-up, what are you saying?.

MOSBY: Well, Chris, it's deeper than that. One, at the end of the day, folks have felt distrustful in the criminal system for decades, right? And when you have a case last night, who was seemingly healthy 25-year-old individual takes police on a chase and they charge him, and folks don't know the basic information, why was he a suspect, why was he arrest, what did they charge him with? And he is laying in the shock trauma bed and then dies a couple of days later, you know, folks already had a lot of skepticism, you know, of the case.

So, when you provide that it further exacerbates that trust. And, again, that kind of goes to Marilyn. I think it's critically important she came right out and she said, hey, I'm doing my own independent investigation. So, you know, it's interesting to see all the things that have taken place over this week, and I think folks are going to be frustrated, folks are going to be angry, that's why it's important for us to proactively jump in front of the communications, let folks know the real process. You know, unfortunately, they thought --

CUOMO: They thought today was the day. Even last night, even though they got the preliminary report, people were like, we'll see what happens tomorrow.

MOSBY: Because once you set expectations, it's so hard to pull them back. And, unfortunately for these communities that have felt broken promises in the past, who look around at their community and see the plight of their communities, see lack of development in their communities, you know, they are tired and they are frustrated. And that's why I think the rally and all the protests are so much bigger than Freddie Gray. This is a culmination of decades old frustration, of anger, of discontent and --

CUOMO: Cumming says it is the hub of the civil rights fight of the new generation. Do you see it that way?

[08:25:02] MOSBY: Yes. It's amazing, because to see the young folks who have felt voiceless, who felt invisible in the past come to light and lead the marc -- I mean, you're seeing guys coming off the corner to now being local activist trying to get folks to really pay attention to the issues that they face on the regular basis. I think it's a pivotal time in urban American and really could put us in a new trajectory.

CUOMO: I have seen people give you respect when it's out there in their time of anger. But it's also going to be about your ability to deliver in their time of need.

MOSBY: Yes.

CUOMO: Do you think you can give them the things they want that hasn't happened for generations here, Nick?

MOSBY: Well, that's -- I mean, at the end of the day, that's what leadership is, right? It's about going after the tough and complex challenges. You know, that's why I think people put me in office, you know. I enjoy trying to tackle the tough issues like recidivism in West Baltimore. It's the issue that just does not plague West Baltimore, but all urban America.

So, it's those types of things. If you don't have leadership and public service, servants who are willing to go after those types of issues, they shouldn't be in office.

CUOMO: Could you ever imagine that young in your career, your wife, young in her career, that you two to be at the center of what could be the defining moment for this city for years to come?

MOSBY: Chris, it's an amazing question. And when you ask that question --

CUOMO: The only time (ph) I asked.

MOSBY: It to me right back to when I met Marilyn at Tuskegee University. We are college sweethearts, right? And it was my dream to be a public servant in the city of Baltimore. It was always her dream to be chief prosecutor, and now, both of us are living our dreams. So, you're right. I mean, it's a special moment for us, but I know as a citizen, that we have the right person at the right time at the right place to really take on this tough case.

CUOMO: Heavy expectations to be sure. And if you don't feel that way, Nick, you got trouble in office and at home.

Thank you very much. Good luck to you, Congressman.

MOSBY: Thanks, Chris.

CUOMO: We'll be following this process for sure.

All right. The outrage as you know is real, councilman knows it, everybody here in Baltimore know it. But there are bigger concerns for many as you keep hearing being said, there are things people don't want to be discussed that is -- they are really fueling the outrage, and they are probably fueling it where you are as well. We'll discuss.

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