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James Blake Says Officers Tackled & Handcuffed Him; Attorney for Tackled Referee Speaks Out. Aired 8:30-9a ET

Aired September 10, 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] CHRIS CUOMO, CNN ANCHOR: Jake Tapper on "THE LEAD" at 4:00 p.m.

And also, remember, the next big test is the next big Republican debate. It's right here on CNN, Wednesday, September 16th, 6:00 and 8:00 Eastern. And tonight at 8:00, watch Anderson on "AC 360." He's going to tell you which candidates will be on the main debate stage.

All right, Mick.

MICHAELA PEREIRA, CNN ANCHOR: All right.

Former tennis star James Blake wants an apology from the New York Police Department. Why was he tackled by a plainclothes officer and why is the department saying what it's saying now? We'll take a listen.

(COMMERCIAL BREAK)

PEREIRA: Can Alzheimer's disease be spread from person to person? In today's "New Day, New You," a study from the University College London says that may be the case. Scientists warn, however, it can only occur in highly unusual circumstances involving direct exposure to brain tissue. For instance, if surgeons use contaminated instruments, they might be able to transfer the disease to another patient. But researchers stress, you cannot catch Alzheimer's by simply caring for someone with it. Many other scientists are expressing doubt about this study's findings.

We'll be right back.

(COMMERCIAL BREAK)

[08:35:00] PEREIRA: Here we go with the five things to know for your NEW DAY.

At number one, Donald Trump on NEW DAY this morning responding to Ben Carson's questions about faith. Trump challenging Carson's faith and competence as a doctor. His latest comments come as a new CNN/ORC poll shows Trump widening his lead over the Republican field.

A new Quinnipiac poll on the Democratic side shows Bernie Sanders pulling into a statistical dead heat with Hillary Clinton in Iowa. He's now leading Clinton in Iowa and New Hampshire. Hungary's army staging border protection exercises to stem the influx

of migrants. This as Denmark suspends all rail links with Germany after police stopped hundreds of refugees at the border.

Former Charleston, South Carolina, Police Officer Michael Slager facing a bond hearing this afternoon. He is charged with murder, caught on video, fatally shooting a black unarmed suspect in the back.

Tonight is the night football returns. The Super Bowl champion New England Patriots with quarterback Tom Brady kicking off the 2015 NFL season at home against the Pittsburgh Steelers. Once again, I'm a football widow.

For more on the five things to know, be sure to visit newdaycnn.com for the latest.

Chris.

CUOMO: Why were they showing Brady, not the Jets? Hmm.

PEREIRA: I wonder.

CUOMO: Time for "CNN Money Now." Chief business correspondent Christine Romans in our money center.

Good morning, my friend.

CHRISTINE ROMANS, CNN CHIEF BUSINESS CORRESPONDENT: Good morning, Chris. Good news for job seekers. There were 5.8 million job openings in July. That's a record. The most job openings since the government started tracking this data 15 years ago. It's a sign the labor market is improving.

Another new number for you, gas prices headed even lower. The government just revising its forecast down to $2.03 a gallon by December.

The Justice Department toughening rules against Wall Street executives involved in financial fraud. It has been criticized for years for collecting large fines from corporations rather than prosecuting powerful executives. Now federal prosecutors are being ordered to focus on top managers and not shield them from civil or criminal liability. Some say way too long in the making, but that will change - definitely change the game.

Alisyn.

ALISYN CAMEROTA, CNN ANCHOR: All right. That will be interesting. Christine, thanks so much for that.

ROMANS: You're welcome.

CAMEROTA: Well, former tennis star James Blake thrown to the ground and handcuffed by plain clothed police officers yesterday. He says it was another case of excessive force. That's next.

(COMMERCIAL BREAK)

[08:41:21] CAMEROTA: Why did police officers tackle former tennis star James Blake in broad daylight outside his hotel in Manhattan yesterday? They say they thought he was a suspect in an identity theft operation.

Marc Lamont Hill is here. He's a CNN political commentator and host at "Huff Post Live." He's also a professor at Morehouse College.

So this is an unfortunate situation.

MARC LAMONT HILL, CNN POLITICAL COMMENTATOR: Yes.

CAMEROTA: This is a former tennis pro. He was waiting to go to the U.S. Open. He's biracial. They say - the police say he looks exactly like the suspect in a cell - a fraudulent credit card cell phone operation and they were going to take him into custody.

HILL: It's not surprising. I wish I could say it's surprising at this point. This is a very common occurrence. The only thing different is that usually when police tackle someone and unlawfully hold someone, they're not tennis pros and so there's not a media sort of spectacle attached to it. But this is a very common thing. One, black people get misidentified all the time, even by witnesses. This becomes part of the problem. This is why people are skeptical when they say, well, there was an eyewitness who said he did it or that she did it because oftentimes it's hard to recognize people across racial lines. It's not like - I'm not saying white people can't tell black people apart. I'm saying, it's a complicated thing across all races.

The other part of this is the use of excessive force. There's just no reason to tackle someone.

CAMEROTA: It does feel like excessive force. Though, we should say, that there is a surveillance video of this. It hasn't been released yet. So until the video is released, and we can all see it with our own eyes, all we have to go on is the victim, James Blake's account of this. I'll read to you what he says. He says, "to me it's as simple as unnecessary police force, no matter what my race is. In my mind, there's probably a race factor involved, but no matter what, there's no reason for anybody to do that to anybody."

HILL: Agreed. I mean if someone is posing a threat, particularly an imminent threat, police have a responsibility and a duty and a right to protect themselves and to use necessary force. But they said nothing to him according to his account. They didn't utter any words. They didn't say, excuse me, sir. They didn't try to pause him. they didn't try to hold him. They simply rushed him. That is not OK under any circumstances.

CAMEROTA: We just had Commissioner - NYPD Commission Bill Bratton on and he said unequivocally that race has nothing to do with this. Listen to what he said.

(BEGIN VIDEO CLIP) BILL BRATTON, NEW YORK POLICE COMMISSIONER: Race has nothing at all to do with this. If you look at the photograph of the suspect, it looks like the twin brother of Mr. Blake. So let's put that nonsense to rest right now.

(END VIDEO CLIP)

CAMEROTA: I mean even James Blake is saying that he can't be sure that race had anything to do with it.

HILL: Well, you can never be sure. You never know what's in someone's head. Let's assume that this person is the spitting image of that. And, again, I'm skeptical. I get e-mails every day telling me I look like Don Lemon, right. So, there - so I'm skeptical of certain people's accounts of racial similarities, all right.

But let's assume that they are exact twins, spitting image, that still doesn't justify tackling him. And the question of race isn't, oh, there's a black guy, let's go tackle the black guy. The question is, do they see him as a heightened danger because of his race? And most studies show that police see a heightened danger in black people. If you were white, they might say, oh he seems safe, let's go grab, if he's black, that's tackle him. That's more the subtle dimension of it.

CAMEROTA: I mean I think that what you're saying is that - why would anybody be tackled for a cell phone crime?

HILL: That's the other thing.

CAMEROTA: This is not a violent crime. We did ask Bill Bratton about that and he basically said that there is an investigation ongoing and that this guy - this police officer has been pulled off the street, assigned to desk duty. The victim in this case, James Blake, wants an apology from the NYPD. He said that he was degraded publicly.

HILL: Absolutely.

CAMEROTA: Does the NYPD issue apologies for things like this?

HILL: They typically don't, but they typically don't tackle people who matter, so to speak. They may not offer one simply because they don't want to set the precedent for doing that, but they should offer one. There was - again, even if - even if everything that they're saying is true, he still didn't need to be tackled. He still didn't need to be degraded. You can arrest someone and still treat them like a human being. You don't have to deny someone's dignity in order to do your job, and that's what happened here.

[08:45:15] CAMEROTA: All right, we'll see what happens. Marc Lamont Hill, I think you and Don are very handsome. I can see why people --

HILL: But I'm more handsome right?

CAMEROTA: Well, obviously.

HILL: That's all I'm saying. CAMEROTA: Thanks so much, Marc. Great to see you. Let's get over to Michaela.

PEREIRA: I get confused with Fredericka Witfield on occasion. Don't worry, it happens to all of us.

CUOMO: Me, too.

PEREIRA: You, too? Really?

All right. Up ahead, a story that has been making the rounds that we've been watching. A high school Texas referee tackled by a pair of football players. That referee denies using racial remarks. What does she think should happen to the students involved? We'll speak with his lawyer ahead.

(COMMERCIAL BREAK)

PEREIRA: Robert Watts, the Texas referee who was blindsided on the field by two high school football players is now defending himself, denying that he made racial slurs during the game. The two students who tackled him are currently suspended. There's a possibility that they could face criminal charges.

Let's talk with Alan Goldberger. He is Robert Watts' attorney and he joins me here in studio. Really a pleasure to have you,

First of all, we have to get an update on your client. How is your client doing? Is he undergoing testing? What's his status now?

ALAN GOLDBERGER, ATTORNEY FOR REFEREE ROBERT WATTS: Good morning, Michaela. He is currently under medical care. We don't really know the extent of the injuries yet, or at least I don't. And doctors will ultimately some up with some diagnoses and a treatment plan for him. But we don't really know the extent of his injuries at this point.

[08:50:00] PEREIRA: Is he in the hospital still or no?

GOLDBERGER: He's not.

PEREIRA: OK, so he's home. All right, so what do you make of these allegations that your client used racial slurs during the game?

GOLDBERGER: First of all, it's curious to me that the media all over the country takes an alleged racial remark, which is a made-up allegation out of no place, and makes that the focal point of this particular incident that happened.

PEREIRA: We have to ask the question. We don't know if it's racial. That's why I'm asking you.

GOLDBERGER: Absolutely. And Mr. Watts has been an official for nearly 20 years. He has officiated hundreds of football games for the Texas Association of Sports Officials, during which time there were no complaints, allegations, charges or anything of that nature with regard to his character. He didn't get where he is today by making inappropriate racial remarks. In fact, officials pride themselves on enforcing rules and regulations against inappropriate remarks and the attempt to embarrass, demean, or humiliate a player.

PEREIRA: So what do you make -- What do you think this is coming from? What do you think it's stemming from?

GOLDBERGER: I think it's coming from a very common mode of action that we've seen before when there's a problem with officiating and people are dissatisfied with an official's calls, or people are rejected from games, they basically say I had an excuse, the officiating was no good, I was called names, I was insulted, I was this, that or the other thing. Certainly not uncommon and I'm sure here in the newsroom you've had experiences with - in other areas of endeavor where perpetrators of crimes have attempted to place the blame for those crimes on the victim. And he's the victim here.

PEREIRA: We've heard that - there was a possibility has been brought up by school officials that perhaps coaches or trainers on the team may have suggested something to the kids, to the students. Because it's important to remember, these are high school kids, that they need to make the ref pay for cheating us or something of that sort. Have you heard anything further on that?

GOLDBERGER: No. I've promptly just heard what you've heard there, allegations to that effect. And coaches sometimes will make an appropriate remark to their student athletes and to officials. I've officiated games where I've been over near the scorer's table in basketball, for example, and you hear things like, guys, look, we're playing seven men tonight. And the implications to that are obvious. But the focus should be, I think, properly on the fact that two crimes were committed.

PEREIRA: But are they crimes, sir? Because that's what I do want to ask you.

GOLDBERGER: Absolutely.

PEREIRA: I think all of us gasped in horror when you see the video. Out of nowhere he is sidelined and another kid comes in and tackles him. There's no question and no doubt in my mind that these kid were in the wrong. But are criminal charges the answer? I've talked to several people and some people think that's very heavy-handed to have these teenagers face criminal charges.

GOLDBERGER: Well some people may think that and I can't imagine why they do, but I suppose they do. In fact, the YouTube is the YouTube. And what we saw was a dead ball between periods, everybody motionless on the field, nothing in particular going on between downs. Then the snap comes and then you see in the second half of that short video, you see the first student athlete make a beeline for Mr. Watts, pummel him, blindside him, as you said, knock him to the ground. He's stunned, he's motionless. The second of the student athletes races towards Mr. Watts, lowers his helmet and uses his helmet as a battering ram.

PEREIRA: We've been told that this game was fairly aggressive. We know there was threats and there was some - two other players ejected, there was trash talking, there was unsportsmanlike conduct. This seems like it might have been an extension of some bad leadership on the parts of the adults. Do the adults need to pay in this situation?

GOLDBERGER: That remains to be determined because we don't really know what was said or what was done on the sideline at this point in time. The truth of the matter is as far as criminal activity, there's very little doubt. Whether it's a football field or in church or at the supermarket or on the street, an assault is an assault. And these were brutal and vicious assaults.

PEREIRA: Alan Goldberger, thank you so much for joining us today on NEW DAY.

GOLDBERGER: My pleasure. Thanks for having me.

PEREIRA: If you have an opinion about this, you can tweet us using #newdayCNN or you can post your comment on Facebook,

Chris?

CUOMO: All right. So that is certainly the bad stuff. So how about we finish up with "The Good Stuff?" A restaurant makes such a beautiful and surprising gesture to a woman diagnosed with cancer. It is "The Good Stuff" indeed.

[08:54:36] Check it out.

(COMMERCIAL BREAK)

CUOMO: All right. You ready for "The Good Stuff?" It's coming from Louisville, Kentucky. Becky Blair (ph) and the women in her family were going to go to the Melting Pot restaurant.

PEREIRA: So fun.

CUOMO: Right?

PEREIRA: Fondue.

CUOMO: So just days before the big dinner, Blair has a really bad stomach ache so she goes to the hospital, turns out it wasn't her stomach, she gets diagnosed with lung cancer. It's terrible.

So Blair's niece calls the restaurant and says, hey, we're not going to be able to make it. Then something happened that the family was not expecting.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Everybody knows somebody that's affected by cancer. For somebody to be so forthcoming with that information, it kind of -- a bell went off with me.

(END VIDEO CLIP) CUOMO: That handsome young man is assistant manager of the Melting Pot. Although he did not personally know the family, the news struck him, so guess what he does? He surprises everybody, brings the dinner reservation to the hospital.

PEREIRA: Oh, come on.

CUOMO: Yes.

PEREIRA: Oh, that is just such a sweet gesture. And sometimes it's the small things that mean so much.

CUOMO: I know. I mean, we're all so busy, but he takes the time out of his work to go and do this nice gesture.

PEREIRA: We think about the big gestures, right, like that will make the big splash, but something simple like that was just what they needed.

CUOMO: Just someone who is ordinary doing something extraordinary.

PEREIRA: She wants fondue now. You know that.

CAMEROTA: I kind of do.

PEREIRA: Yeah.

CAMEROTA: That is - yeah.

PEREIRA: It happens. You made the suggestion and now she's going to be focused.

CUOMO: You want to rap us off the show for Carol?

PEREIRA: Let's do it and then have cheese.

CUOMO: You got everything?

CAMEROTA: Time now for "NEWSROOM" with Carol Costello.

CUOMO: That is not rap - That's nothing like that.

CAROL COSTELLO, CNN ANCHOR: Thank you very much.

PEREIRA: Oh, you wanted a rap rap?

CUOMO: Yeah. She was rapping during the daily (INAUDIDBLE).

(CROSSTALK)

COSTELLO: I think I've heard her before.

OK, I think it's time to go. "NEWSROOM" starts now.