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New Day
Donald Trump Discusses Campaign with Jimmy Kimmel; Jeb Bush's Presidential Campaign Examined; Mistrial Declared in Trial of Officer Accused in Freddie Gray's Death; Freddie Gray Family Attorney Reacts to Mistrial. Aired 8-8:30a ET
Aired December 17, 2015 - 08:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
[08:00:00] SARA MURRAY, CNN POLITICAL REPORTER: A change in tone for Donald Trump. On Jimmy Kimmel overnight a bit of self-reflection.
DONALD TRUMP, (R) PRESIDENTIAL CANDIDATE: I would like to see the Republican Party come together. And I've been a little bit divisive in the sense that I've been hitting people pretty hard.
JIMMY KIMMEL, TALK SHOW HOST: A little bit.
MURRAY: The magnanimity stopped when it came to debate rival Jeb Bush.
KIMMEL: Do you think Jeb Bush is scared of you or just scared in general?
(LAUGHTER)
TRUMP: I think he's scared.
MURRAY: The frontrunner continuing to call Bush low energy and too nice to be tough.
KIMMEL: Do you think he wants to run for president?
TRUMP: No. No. He was a happy warrior but he's never been a happy warrior.
KIMMEL: Do you think he would kill baby Hitler?
(LAUGHTER)
TRUMP: No, he's too nice.
MURRAY: Just hours earlier on the campaign trail in Arizona, Trump was decidedly unfriendly.
TRUMP: Rand Paul, who doesn't have a chance. What is he doing? By the way, what is Rand Paul doing?
I don't care anymore. We have to get the right people in. I don't care. I don't care anymore. We can't have a continuation of this stupidity of this incompetence. We can't do it when we have Carolyn Kennedy negotiating trade pacts with Japan.
MURRAY: This as Marco Rubio and Ted Cruz continue battling it out. After going head to head in Tuesday night's debate, the two first term senators defending their tough talk.
SEN. TED CRUZ, (R) PRESIDENTIAL CANDIDATE: If someone launches attacks, and if the attacks are false and they're knowingly false, then going to tell the truth.
MURRAY: While Rubio retrains his fire on Democrats.
SEN. MARCO RUBIO, (R) PRESIDENTIAL CANDIDATE: We had a debate last night that was actually substantive, that got into the guts of some of these issues. And there are some differences between the candidates. I like everybody that is running for president on the Republican side. I really do. None of them is a socialist. None of them are being investigated by the FBI.
(END VIDEOTAPE)
MURRAY: And this morning it looks like Donald Trump has new fan. Reuters is reporting that Russian President Vladimir Putin was speaking to reporters and he called Trump the absolute leader of the Republican pr. Race. He also said that he welcomes Donald Trump's comments about having a deeper relationship with Russia. Back to you.
CUOMO: All right, Sara, thank you very much.
Let's bring in Jeb Bush's campaign manager, Mr. Danny Diaz, Danny, early Christmas wishes to you and the family.
DANNY DIAZ, JEB BUSH'S CAMPAIGN MANAGER: You too.
CUOMO: Tell me that I'm right about something. The moment when Donald Trump says to Jeb Bush, "Am I talking, or are you talking?" And Jeb Bush keeps eye focus on him and says "I'm talking," in your mind was that a moment not unlike "Rocky" scenes where at the end of a round after taking a beating rocky looks at the guy and says bring it on?
DIAZ: Yes. Look, I think Governor Bush demonstrated on Tuesday night that he's the guy that is ready to be president of the United States. He's the guy that is willing to stand up to Donald Trump and challenge the totally unserious, nonsensical, and ridiculous things that he says every day. The other candidates were watching as Governor Bush laid out credibly why he can and will be the next president of the United States and while Donald Trump would be an absolute disaster for both the country and the Republican Party.
CUOMO: Respond to criticism. Too late. He was good at the debate. Too late, though. He has built in negatives. It's baked in. His numbers are what they are.
DIAZ: Well, political conventional wisdom hasn't been right yet and I don't think it is in this instance. The reality is this, that two- thirds of voters haven't made a decision. They won't make one until the final week. And 25 percent of New Hampshire voters don't make a decision until the final day. Governor Bush is the person who is prepared to lead the country. He is the most ready person to be president of the United States. He demonstrated that, easily passing the commander in chief test on Tuesday night. None of the other candidates can say that. His body of work and record over his life demonstrates that. So from our perspective, when we get to the point voters are picking a president, we're very, very confident that individual is going to be Governor Bush.
CUOMO: Danny Diaz, while it pains me to acknowledge this, Alisyn Camerota wound up getting something very interesting out of Governor Bush during out interview after the debate. Take a listen to this and I want your take on it.
DIAZ: OK.
(BEGIN VIDEO CLIP)
JEB BUSH, (R) PRESIDENTIAL CANDIDATE: The performance side is not why I'm running for president.
ALISYN CAMEROTA, CNN ANCHOR: And not the part you are comfortable with really that it has to be a performance.
BUSH: It is not. We're the greatest country on the face of the earth. We need a president that can unite us around a set of purposes. And debates are important because millions of people watch it. I get that. But performing is not what a president does. Leading is what a president does.
(END VIDEO CLIP)
CUOMO: The truth is, Danny, I had that question written on a piece of paper in my lap. The point is that it evinced a very interesting answer. I don't think I've ever heard a major politician say I don't like this performance aspect of what happens in these debates, but I guess I have to do it. Explain what goes on in the head and heart of Jeb Bush when he's up on the stage?
[08:05:05] DIAZ: I think from Jeb Bush's perspective he looks at the current occupant of 1600 Pennsylvania Avenue and sees that we have a performer, a performer who hasn't delivered. You look on this debate stage and you see a reality TV celebrity. You see U.S. senators who haven't done anything other than file amendments and give floor speeches, a lot of performers, a lot of actors, a lot of talk, a lot of showmanship, but very little accomplishment, very little leadership, very little preparedness and readiness.
And this is a very controversial time for our country, post Paris, post San Bernardino. We need someone who can take the helm who is steady, who can lead. And the reality is I think Jeb Bush understands that he's that guy and he is going to continue to work through the process. This is a leadership test, and at the end of the day, as I said, when voters in New Hampshire, Iowa, Nevada, and secretary look at the candidates, they are going to see he's the most prepared and this is a very consequential time. And we're looking forward to that time.
CUOMO: The challenge is you can't see preparation. You can't hear preparation. You can't feel these things. And as you know, politics so much about perception, the optics, visceral responses. How does Jeb Bush and his team convince the voters he is tough, he is ready, he is not what critics call him?
DIAZ: By laying out sober and serious proposals. So in August when he was the first decision to talk about this strategy to beat ISIS, that resonated. A few weeks when he was at the citadel in South Carolina and talked about rebuilding our military, that resonated. We're going to continue to remind voters. We have confidence in the voters. Understand Governor Bush was elected twice in the most populous swing state in America. He left office with a 60 percent approval number. He has confidence in voters that they are going choose the person who can do the job and that is going to eliminate the other folks on the stage.
CUOMO: Diaz, always appreciate you being on NEW DAY. Again, best wishes again for Christmas and look forward to seeing what happens in the new year.
DIAZ: You, too, Chris. Thanks guys.
CUOMO: Michaela?
MICHAELA PEREIRA, CNN ANCHOR: We have breaking news about the friend of one of the San Bernardino terrorists. Prosecutors are expected to charge Enrique Marquez over the two military style rifles used in the terror attack which killed 14 people. Our Justice Reporter Evan Perez joins us now with the breaking details. Evan?
EVAN PEREZ, CNN JUSTICE REPORTER: Michaela, the federal charges against Enrique Marquez expected to be partly based on the fact that he bought these two AR-15 style rifles that were used by Syed Farook and his wife to carry out the San Bernardino attacks. Marquez had been doing voluntary interviews with the FBI for about a week now. And officials say that he has admitted that he bought the rifles for Farook because Farook was trying to avoid getting scrutiny. Farook owned another three guns.
California and federal law makes it illegal to buy a firearm for someone else if the purpose is to evade a background check. Marquez checked himself into a mental health facility right after the attacks and has told the FBI he knew nothing about this attack. He waived his Miranda rights, and he has provided a great deal of information according to officials. For instance, he told the FBI that he converted to Islam and that he and Farook plotted a 2012 attack that they ended up not carrying out. He also told investigators that he and Farook built pipe bombs as a hobby. Farook rigged three pipe bombs in a backpack that he left behind at the scene of the office gathering where he and his wife carried out the San Bernardino shootings. And investigators also found 19 of the devices. Some of them were incomplete at the home of Farook and his wife. Alisyn?
CAMEROTA: Just incredible. Thank you for that development. Meanwhile the family of Freddie Gray waiting anxiously this morning to find out whether Officer William Porter will be retried in the death of their son. CNN's Jean Casarez is live in Baltimore with more. What do we know, Jean?
JEAN CASAREZ, CNN CORRESPONDENT: Well, Alisyn, we do know that attorneys will meet with Judge Barry Williams in his chamber sometime today to look at a date for a retrial. In the case there were two distinct sides, but both sides agreed on one thing. Freddie Gray suffered a horrific neck injury while in the custody of police in that transport van. The prosecutor said that the defendant, William Porter, knew it. He asked him if he needed a medic and Gray said yes. But he did nothing about it. But in the end the jury was not unanimous on any of the four counts, and the community responded.
(BEGIN VIDEOTAPE)
CASAREZ: Protesters voiced objection over the mistrial in the death of Freddie Gray.
RICHARD SHIPLEY, FREDDIE GRAY'S STEPFATHER: We are calm. You should be calm, too.
CASAREZ: Officer William Porter could be facing the possibility of a second trial after a jury of seven blacks and five whites failed to reach a unanimous decision on any of the charges against him.
[08:10:02] SHIPLEY: We are hopeful that they will retry officer porter as soon as possible and that his next jury will reach a verdict.
CASAREZ: Porter is if first of six officers facing charges in the case that brought the city a standstill last spring. Baltimore erupted in days of unrest back in April after Gray was loaded into the back of a police van and later died from a spinal cord injury.
Prosecutors argue that even though Porter did not make the arrest or drive the van, he failed to secure Gray's seatbelt or call a medic quickly enough. He faces charges of the involuntary manslaughter, second degree assault, and reckless endangerment. Baltimore prosecutor Marilyn Mosby's decision to try the officer was met with sharp criticism, some saying the charges were too strong and hard to prove.
Frustration outside of the courthouse for what this could mean for the other officers involved.
UNIDENTIFIED MALE: I'm terrified. Are we going to have five more mistrials?
CASAREZ: In a city already on edge.
MAYOR STEPHANIE RAWLINGS-BLAKE, (D) BALTIMORE: We also want to be very, very clear about potential disturbances in the city. We are prepared to respond.
CASAREZ: But last night Gray's family attorney was hopeful. WILLIAM MURPHY JR., GRAY FAMILY ATTORNEY: In 70 percent of the trials
brought again on the same evidence, the prosecution wins.
(END VIDEOTAPE)
CASAREZ: And the defense renewed their motion to change venue before and even during this trial. But now it will be in the hands of Judge Barry Williams if this community should be given a second chance. Alisyn?
CAMEROTA: OK, Jean, we'll see what happens with this case. We also want to let you know that the lawyer representing Freddie Gray's family will join us ahead. Stick around for that.
PEREIRA: All right, new this morning, Disney World making a big change to security. According to the Orlando Sentinel all four theme parks have installed metal detectors at their front entrances in Florida. The move comes ahead of tonight's premiere of the new "Star Wars" movie. But parks are also going to stop selling toy guns and will not allow people older than 14 to wear costumes. It's unclear how long these security will be in place, but security has been a concern for the parks following those deadly terror attacks in San Bernardino and Paris.
CUOMO: The Navy announcing purple hearts will be posthumously awarded to four marines and a sailor killed in July's attack at a Navy support center in Chattanooga. Another marine wounded in the shooting will also receive the honor. The purple heart is typically awarded to service members killed or wounded abroad, but the victims are eligible because the FBI is labeling the attack an act of terror.
CAMEROTA: Now to some unbearably cute video. Four month old panda cub, making his first appearance at the national zoo in D.C. He was 17.5 pounds. But he slept through much of his big debut. Zoo keepers say he's heavier and walking sooner than his older sister. Oh, my gosh, that is fantastic. He's also developing faster that be his older brother. He will be ready for public display, Michaela, next month. He's like a stuffed animal zapped to life by a good witch.
PEREIRA: Totally.
CUOMO: Do you know what you are doing?
CAMEROTA: What?
CUOMO: You are giving people a false impression of this animal that leads people -- often drunk -- to try to enter the cage and approximate this affection that you imagine with the animal, and that's why this happens. Look at this. The panda is trying to eat a man through the cage. Now what do you say? He's trying to eat the man.
CAMEROTA: And disrobe him.
CUOMO: Yes.
PEREIRA: Any time we have a panda story, he always has that video at the ready.
CUOMO: Panda bear. Panda "bear."
(CROSSTALK)
CUOMO: All I'm saying is this. It will eat your face. Do you understand? Know that.
CAMEROTA: He will not eat your face.
CUOMO: Do you understand?
PEREIRA: He is not --
CAMEROTA: Pandemonium onset.
CUOMO: Late night laughs the cat in the hat becomes the Trump on the stump.
CAMEROTA: What?
CUOMO: Jimmy Kimmel with an epic, stay with me, homage to Donald Trump on his program last night. His team putting together a mock children's book called "Winners aren't Losers." Take a listen.
(BEGIN VIDEO CLIP)
KIMMEL: "Winners aren't losers. They are winners, like me. A loser is a loser. Which one will you be?"
(LAUGHTER)
KIMMEL: "Winners do deals and winners get rich while sad little losers just sit there and bitch."
UNIDENTIFIED MALE: Could be a big seller.
KIMMEL: My daughter loves this. "The dog is a loser and frankly I pity it. This dog did bad deals, this dog is an idiot."
(LAUGHTER)
[08:15:00] KIMMEL: "And poor Mr. Bear, he must feel like a loser, valeting that 2006 PT Cruiser."
"Here are some frogs I do not like at all. We must kick these frogs out and then build a wall."
(APPLAUSE)
"Oh the places you'll go on your yacht, on your plane, with your suits from Milan and wives from Ukraine, all the buildings you'll build, all the wealth you'll amass, all the people around all kissing your ass."
"There are two kinds of people, which one will you be? A loser like them -- would you like to finish? Or a winner --
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Like me.
(END VIDEO CLIP)
MICHAELA PEREIRA, CNN ANCHOR: Could this be a potentially candidate for the book or literature project --
ALISYN CAMEROTA, CNN ANCHOR: It should be.
PEREIRA: That is hilarious. Well-crafted.
CAMEROTA: I've never seen Donald Trump laugh so hard. He loved it. And he was (INAUDIBLE). But he was enjoying it.
PEREIRA: Oh my goodness.
CHRIS CUOMO, CNN ANCHOR: I don't even see it as a work of fiction.
(LAUGHTER)
CAMEROTA: Autobiography.
PEREIRA: Oh my, oh my.
CAMEROTA: That was great.
PEREIRA: Excellent job, guys.
CAMEROTA: Nice to have a little levity.
But back to one of our top stories now, the mistrial in the Freddie Gray case. Is the hung jury good news or bad news for the prosecution? What will they do now?
The attorney for Freddie Gray's family answers that question, next.
(COMMERCIAL BREAK)
CAMEROTA: A mistrial for the first officer prosecuted in the death of Freddie Gray. So, what happens next?
Let's bring in Billy Murphy.
[08:20:00] He's the attorney representing the family of Freddie Gray.
Mr. Murphy, thanks so much for being here.
We know the family is disappointed this didn't go further in the case. But they did put out a statement and I want to read it because it was advising the city of Baltimore how they feel and what they want to see.
They say, "We thank this hard-working jury for that you are service to the public. We are not at all upset with them. Neither should the public be upset. We ask the public to remain calm and patient. We are calm. You should be calm too."
Mr. Murphy, how are they feeling this morning?
WILLIAM MURPHY, JR., GRAY FAMILY ATTORNEY: Exactly like what they said. They took this philosophically in the sense that they understood this was one of the possible results of any jury trial. So, they were prepared for this possibility.
And they simply want justice. And so, they are looking forward to the next trial of Officer Porter. And they hope that the jury reaches a verdict, whatever that verdict is. Because only then will there be justice in this case.
CAMEROTA: When you say the next trial of Officer Porter, what makes you so confident that there will be another trial?
MURPHY: Well, what I understand from many reports yesterday is that the prosecution is meeting with the defense in the judge's chambers. And that they are going to set a trial for the next trial with Mr. Porter. And that may affect the schedules of the other defendants. It's not for sure. But it may.
And this is an interesting opportunity for the prosecution to redo its case, strengthen its case, and as they argued in the courtroom in their closing argument, they believe that Mr. Porter lied when he took the witness on several occasions. And I would not be at all surprised if they add those charges that he lied under oath to the existing charges -- very interesting development.
CAMEROTA: I mean -- but you say that this is an opportunity for the prosecution to strengthen its case. That suggests that you think they went wrong somewhere. What do you think wasn't strong enough?
MURPHY: No, no, no. No one ever tries a perfect case. And every -- every case involves mistakes on both sides. And without discussing with what those mistakes might have been -- because I'm not in a position to do that -- everyone wants a second chance to do it better than they did it the first time. So I don't mean to imply that the prosecution did less than an adequate job or defense did less than an adequate job.
The defense is certainly not going to do the same thing it did before. And so, both sides are going to make adjustments.
CAMEROTA: Let me read for our viewers and remind everybody what Officer Porter was charged with in this particular case -- involuntary manslaughter, second degree assault, reckless endangerment, misconduct in office. And interestingly, the jury deadlocked in all of the charges -- that just one.
So, how could gnat not reach agreement on any of those?
MURPHY: It's a normal part of the trial process. About 5 percent according to what we've read and we tried to figure out what the data was yesterday in anticipation of these questions, about 5 percent of all trials end in hung jury. And hung jury by definition is a jury unable to agree on the verdict.
And that does not include partial verdicts. Sometimes juries say we've been able to agree on count two but not the others or count three and not the others. But this jury, as is typical in many of these 5 percent cases, didn't agree on anything.
We don't know where the breakdowns were, and the breakdowns if somebody ever discloses it will be interesting. Because it will inform both sides of whatever difficulty they may have had in persuading a majority of the jurors or all of the jurors to acquit or convict.
CAMEROTA: As we know from the medical examiner even, Freddie Gray in the back of that van was shackled but not seat-belted. And what came out during the trial is that the officer said that he hadn't been trained to seat-belt somebody in, in the back of the van.
So, do you, first of all, believe that, that this was an error of training?
MURPHY: Well, it's a remarkable statement that a person who seat belts himself every day can't seat belt anybody else. And that that's another area where I think the prosecution in its closing argument expressed real concern. And that was about Porter's statement that he did not belt him because he felt in fear of his safety.
[08:25:00] They pointed out to the jury that when he first talked to the police, he said that he did not feel Freddie Gray was a threat. And so, again, the specter he may be charged with making a false statement is out there.
CAMEROTA: So, what makes you think if they do go forward with a retrial, that the outcome would be any different?
MURPHY: Because it usually is. Again, the data suggest that in the majority of the cases where a prosecution retries a case after they have been a hung jury, they get a conviction. And so, it is a fresh slate this in front of a new group of people.
And remember each juror brings in his own personal experiences and through that lens of how that juror has learned to live life, that juror focuses on evidence and decides which of that evidence is most meaningful to him or her. So each jury is different. Each collection of people is different. Each individual on that injury will be different. And so, therefore, there may be a different result, even if the case is tried identically.
CAMEROTA: Last, Mr. Murphy, how do you --
MURPHY: Which it won't be.
CAMEROTA: How do you think that the outcome here thus far will affect the other five officer's trials?
MURPHY: Minimally. Jurors are going to be selected who pledge to the court that even if they have opinions about various aspects of what happened here, that they can set those opinions aside and base their verdict solely on the law and the evidence.
And most of the time jurors are able to do that. It is not always the case though. Because we have an old saying in the criminal law system that more perjuries committed during jury selection than during the trial, because people are sometimes reluctant to tell the truth about how they feel. So, that's why jury selection involves careful questioning aimed at revealing hidden or known biases in the mind of each perspective juror.
CAMEROTA: Yes. Mr. Billie Murphy, thank you for joining us on NEW DAY. We will watch with great interest what happens next. Thank you.
MURPHY: Thank you for inviting.
CAMEROTA: What are your thoughts on this case? You can tweet us @NewDay, or post your comment on Facebook.com/NewDay.
Michaela?
PEREIRA: All right, Alisyn.
As the U.S. and its coalition partners cast wider net to box in the terror network, a new threat is emerging. How can an attack be orchestrated by typing just a few words, and what thoughts are doing to stop it?
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