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New Day

Turning Gorilla Poachers into Farmers; Judge Backs Charges in Tamir Rice's Death; Valerie Harper Talks About Her Cancer Fight. Aired 8:30-9a ET

Aired June 12, 2015 - 08:30   ET

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

[08:30:00] JOHN BERMAN, CNN ANCHOR: 514 days, 16 hours, 30 minutes and four seconds. Practically tomorrow.

Karen, thanks so much.

UNIDENTIFIED FEMALE: Great to see you.

BERMAN: We want to hear from you. What do you think about these issues? What do you think about the trade issues right now? Is the secretary saying enough? Use the #newdaycnn or post your comment on facebook.com/newday.

Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: OK, John.

A Cleveland judge finding probable cause to charge the officers in the shooting death of 12-year-old Tamir Rice. We will speak live to the attorney for the Rice family, ahead.

(COMMERCIAL BREAK)

ANA CABRERA, CNN ANCHOR: Welcome back. Time now for the five things you want to know for your new day.

Number one, a source telling CNN, prison worker Joyce Mitchell gave two convicts hacksaw blades and drill bits to aid in their escape. The Clinton County D.A. confirmed to NEW DAY that she did give them equipment and police are now focusing their manhunt three miles from that prison in upstate New York after bloodhounds picked up a scent.

A Cleveland judge is backing charges against officers for the shooting death of Tamir Rice. Just 12 years old, he was shot dead at a recreation center last November while playing with a pellet gun.

[08:35:04] On Capitol Hill, the House set to vote on fast track legislation that would give President Obama negotiating authority on a Pacific Rim trade deal. Now this has already been approved in the Senate. Still a lot of question marks about whether it's going to pass the House.

Some new information about Germanwings co-pilot Andreas Lubitz after a French prosecutor just revealed Lubitz feared going blind. He saw 41 doctors in the last five years, seven of them in just the month before the crash of Flight 9525.

And the Golden State Warriors are back on track, tying the NBA finals at two games apiece. They thumped the Cavilers 103-82 last night. LeBron James needed stitches for a bloody head after he slammed into a TV camera. He is, however, expected to play in Sunday's game five. What a series.

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

Alisyn.

CAMEROTA: Oh, that has got to hurt.

All right, meanwhile, here's a good story. a lawyer turned park warden is giving poachers a good reason to stop killing gorillas and to feed their families in the process. Meet CNN hero Edwin Sabuhoro.

(BEGIN VIDEOTAPE)

EDWIN SABUHORO: The first time I saw the gorillas, it was magical. I felt something in me that I couldn't define. I felt I needed to get much closer to nature. I came to (INAUDIBLE) as a ranger. I was in charge of protecting the mountain gorillas. We had a lot of cases of poachers in the park. I went to talk to the families and ask them why are they killing gorillas. The old man looked at me and said, our kids are starving to death. Would you poach to feed your family?

It was an eye-opener for me. So I thought of an idea of turning poachers into farmers. And after that, I thought I could do more here.

So I built a cultural village. We can share with tourists. This is the king's bed. And you can see, his spear had to be here.

Tourists can give back to the community. Then the communities would have an incentive to conserve the park.

I trained them how to do products that they can put in the markets. And that money they take back to their families. They see why they need to protect the gorillas. And now poachers are working with rangers on how to protect the park better. We can't afford to fail the wildlife. We have to make sure that we pass it on to the next generation.

(END VIDEOTAPE)

CAMEROTA: Well, if you know someone deserving, please tells about them at cnnheros.com.

John.

BERMAN: A judge has ruled there is enough evidence to charge officers - the officers who shot and killed 12-year-old Tamir Rice, but does that mean they actually will be charged? We're going to get reaction from the attorney representing the Rice family just ahead.

(COMMERCIAL BREAK)

[08:41:37] (BEGIN VIDEO CLIP)

HENRY HILOW, ATTORNEY FOR OFFICER TIMOTHY LOEHMANN: The status of the case yesterday, today and tomorrow hasn't changed. We've had the investigation by the county sheriff's department and it's now with our county prosecutor and it will proceed from there.

(END VIDEO CLIP)

CABRERA: That was the attorney for Cleveland Police Officer Timothy Loehmann talking about a judge's ruling that there is probable cause to charge his client and other officer in the shooting death of 12- year-old Tamir Rice. But it is still up to the prosecutor to move this case forward. You'll recall Rice was shot and killed last November by the officers while the little boy was playing with a pellet gun.

Let's bring in Walter Madison. He's an attorney for the Rice family.

Thank you so much for joining us, Mr. Madison. First, I want to get the family's reaction to this announcement from the judge.

WALTER MADISON, ATTORNEY FOR TAMIR RICE'S FAMILY: Well, they're encouraged. Their enthusiasm has been renewed. As you know, trust has been the touch stone issue here with relationships between African- Americans and law enforcement. And I think that the family can see their way out or at least see that they're on the path towards justice.

CABRERA: I want to bring up the specific charges that this judge recommended, if we can put those on the screen. We're talking about murder charges perhaps for one of the officers, the one who pulled the trigger. And that is Timothy Loehmann. He could face murder, manslaughter, reckless homicide, negligent homicide. And then the officer who also responded, Frank Garmback, the judge recommended negligent homicide charges.

But again, important to note, this was just an advisory decision by the judge. So these men have not been arrested. The prosecutor really does have control in this case. Do you expect the prosecutor to move this case forward?

MADISON: Well, the historic nature of what the Cleveland (INAUDIBLE) has done here is a wonderful blueprint worthy of emulation through all 50 states. And what it says, and you can't underscore this enough, it says that the public, the people have engaged in a system. They can see the transparency. And a judge, a senior most judge in all of the municipal court, of over 30 years, has agreed that there's probable cause that there should be an arrest.

And another set of public servants, who also work for the people, they have a choice now. The people have been validated and vindicated in the judge's ruling. Let's see how much deference they give to the people if they truly want and are interested in building a good relationship between the African-American community and law enforcement. CABRERA: You talked about that importance of trust. Do you trust the

prosecutor to handle this case fairly?

MADISON: Well, clearly, the Cleveland eight (ph) and the community and the international community does not. There - clear - we know that there should be an independent prosecutor. It's been recommended by not only our president but by our governor as well. And I don't -- the community, the family doesn't understand the reluctance to let this go and do as the people wish. Public servants apparently needed to be reminded of that and the Cleveland eight (ph) did just that. They serve the public.

CABRERA: Well, let me read you what the prosecutor has said about what could happen next in this case. This is the prosecutor, Timothy McGinty, saying, "this case, as with all other fatal use of deadly force cases involving law enforcement officers, will go to the grand jury. That has been the policy of this office since I was elected. Ultimately, the grand jury decides whether police officers are charged or not."

[08:45:06] Now, I know it's been more than six months, but the prosecutor just got this case in the last couple of weeks. So do you feel like maybe it's taken so long because all the people involved in the case are trying to dot i's and cross t's as they continue to pursue justice?

MADISON: Well, I do know that a judge in two days agrees with the people and what the other 4 million people see when they look at the video. He was thunderstruck, as the world is. I also would point out that policy is not law. Whatever policy -- This particular prosecutor may have had since he's been in office, which has not been that long, nowhere near as long as Judge Adrian has been on the bench, must give way to law. And, you know, also bad policy in the police department led to a lot of fatalities and deaths in the community. So that culture will always eat policy for lunch. And it's really --

CABRERA: Now the Police Union has responded. I'm sorry. I didn't mean to step on your toes there, but I do think it's important to bring up their response, because they feel like perhaps they've been unfairly targeted. And I want to read this statement. "It was very sad how miserable the lives of these self-appointed activists, civil right leaders and clergy must be. I can't imagine being so very consumed with anger and hatred trying to coerce public officials into filing a criminal charge under direct or indirect threat of mob rule is a very dangerous game." What's your response to those words?

MADISON: Ohio is at the heart of it all. In Ohio for years longer than that individual's been alive, it's been the law that citizens may participate in their government, as it should be. That participation leads to transparency, which ultimately leads to trust and legitimacy. And you would think if he were truly interested in that, he would encourage this because when you have legitimate authority, you have individuals more likely to obey. And when they obey, there's no need to have a fuselage of 137 bullets dispatched into a car to unarmed citizens. CABRERA: Well Walter Madison, we'll have to leave it there. I know

this is still going to be an ongoing case. We'll hope to talk to you again as it proceeds. Thank you so much for joining us.

MADISON: You're welcome.

CABRERA: John?

BERMAN: All right. Thanks, Ana. So she was given months to live. Now Valerie Harper is opening up about her battle against cancer. The important message she has for all of us. That's ahead.

(COMMERCIAL BREAK)

[08:50:39] MICHAELA PEREIRA, CNN ANCHOR: I recently had the opportunity to sit down with '70s icon Valerie Harper. The 75-year- old actress says she's embracing life while she battles both lung and meningeal cancer. A battle that she bravely fights every day.

VALERIE HARPER, EMMY AWARD-WINNING ACTRESS: Right now, I have -- I'm fighting and winning, by the way, Michaela.

PEREIRA: Yes, you are. You're winning your fight.

HARPER: Against cancer. I know. And who knew? I mean, I was really ready to go. My husband said - I said it's incurable and it's terminal. And he always says "Yet. So far." You know. "Something's coming."

PEREIRA: Well, look, I want to ask you about that because, you know, I've had the pleasure of meeting you through TV and we shared Los Angeles together.

HARPER: We sure did.

PEREIRA: Have you always been a positive person? Because I sense that's what has made a difference in your health battle.

HARPER: I absolutely urge people, don't give up. Don't be negative. There's so much you can do. Mainly, it's just to trust your own intuition and try things. And there is all kinds of things you can do besides chemotherapy. Do what your doctor says and if it works - And in my case, it's be very easy because it's working. And my doctor, I go to him all the time, I said, please, this one - please, I get so tired, I waste -- not waste, but kind of waste two days of the week, a day and a half.

PEREIRA: Nobody would fault you for that.

HARPER: No, no one would. I get exhausted and I lay there watching television and I see all your shows from back then and now.

PEREIRA: You're talking about that cute Chris Cuomo. I heard about that. I heard about that.

HARPER: Oh god, he's wonderful. PEREIRA: He really is. How do you deal with the days when you are

tired? What is it that you do? What is your advice? Because there are other people - We know that you've been - Yes, they are suffering out there and they look at you as a shining example, Valerie. You're not letting this diagnosis rule you.

HARPER: That's right. I'm working right now with a great group called the American Lung Association. They have an initiative that they built from the ground up. It's called "Lung Force" and it's aimed at women because more women are dying of lung cancer than any other kind of cancer. And people -- they don't know it. Only 1 percent of them think it's even a threat. So it's that new screening, get screened, find out what's going on, work with your doctor. And if you want to do yoga --

PEREIRA: Exactly. Find some peace. Find some tranquillity.

HARPER: And I do intuition stuff. I made up a word for my drug. The drug is Tarceva that seems to be really working and it's To Aggressively Remove Cancer Everywhere, Valerie Announces.

PEREIRA: I love that.

HARPER: It spells out Tarceva.

PEREIRA: And this smile, your attitude, and just your force of life. You're really an incredible ambassador for this.

HARPER: It's my husband, really.

PEREIRA: Well, he's a handsome one, too.

HARPER: Handsome as hell. I'm living for him because he's so adorable. Nobody said to me, don't accept it. Who's going to say three months, you have three months? And it may but. But here's the thing with this particular disease, I could drop dead in the street tomorrow because there's very little space where this cancer is and I don't have any tumors.

PEREIRA: But you're at peace with it?

HARPER: Well, yes. You know what I'm at peace with, darling? Dying. Most of us aren't. Most of us avoid it. We don't want to look at death because that means we're going to die. If you do, if you say, oh my god, I have to take this pill and do that - just -- if that's that, that's that. And then I thought to myself: we're all there. We're all terminal. I mean --

PEREIRA: We don't get out of this alive, do we, any of us?

HARPER: Exactly. Don't go to the funeral until the day of the funeral. Because otherwise you've wasted -- I would have wasted two years and four months saying, oh, I'm to die soon. I don't wake up that way I used to, oh, I have cancer, I wake up in the morning or not sleep at all. But it's gotten better and I guess success will keep you on the right track. But I tell you, it's a real important thing to know that you're going to die and not rush to it, do all you can to stay, but when it is time to go, just go. But then you just have to go that day, that hour, that minute. You don't have to live your life in fear of dying.

[08:55:03] PEREIRA: Valerie is an inspiration to be sure. You can learn more about Lung Force. You can also join walks to raise awareness at lungforce.org.

CAMEROTA: That is an inspirational message. Great to hear it. "The Good Stuff," that's next.

(COMMERCIAL BREAK)

CAMEROTA: It's time for "The Good Stuff." A police officer and a game of hoops made all the difference in Tacoma, Washington. Listen to this. After a frightening domestic violence call into police, a lot of neighborhood kids were on edge. Well, Officer Craig Bennett responded to that call and then he took time afterwards to make sure the kids were okay.

(BEGIN VIDEO CLIP)

CRAIG BENNETT, TACOMA POLICE DEPARTMENT: I remember when I was a kid and you see a cop and you think they're the coolest guys in the world and you want to talk to them. So I just thought I would play them in a game of Horse. I didn't do that to try to do anything other than try to show kids that not all cops are -- you shouldn't be scared of them.

(END VIDEO CLIP)

CAMEROTA: Wow, that's great. A local resident snapped Officer Bennett playing with the kids and put it on Facebook, it went viral and the officer's gesture worked. The kids say it made them feel better and it changed their opinion of police for the better.