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New Day
Cosby To Sand Trial; Different Spin on Dance; Trump Not Down with Ali G; EgyptAir's Final Moments. Aired 8:30-9a ET.
Aired May 25, 2016 - 08:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(COMMERCIAL BREAK)
[08:31:15] CHRIS CUOMO, CNN ANCHOR: Big news, the criminal sexual assault case against Bill Cosby will go to trial. Both the prosecution and defense now have their work cut out for them. The trail could put Cosby face-to-face with his accuser, in this case, Andrea Constand, for the first time in more than decade - in more than a decade would be the case if that happened.
So, let's discuss this with legal analyst and defense attorney Mark Geragos.
It's great to have you on the show.
So, this was something that not many people saw happening. How surprised are you by this event and what are you looking for now?
MARK GERAGOS, DEFENSE ATTORNEY: The only thing that I think was surprising is, if you had asked me to bet, I would have bet that they would have put her on the stand at the preliminary hearing. I think it was surprising, and I think the defense was very frustrated by the fact that they had this, what's called a probable cause hearing -
CUOMO: Right.
GERAGOS: Without putting her on the stand so that they couldn't cross- examine her.
CUOMO: That's why they did it, right, to keep her clean for the main trial. What does that do in terms of a plus/minus strategically.
GERAGOS: I think strategically it actually ultimately will hurt the prosecution. I think by not having her get a run through, by not having her tested, they're really gambling. And they're gambling that when they put her up in front of a jury, that she's going to do well under cross examination. I always think, and it's always been my experience, in cases like that, that ends up hurting the prosecution because, you know, witnesses, it's a daunting thing to be a witness in any courtroom to begin with. And then when you do it for the first time, you're in front of a jury and then you exponentially raise the stakes by having a high profile case, a witness can get nervous and it can be, I think, something that the prosecution's going to later come to regret in this case. CUOMO: Well, how do you reconcile that with what is a little bit of a
unique factor here, which is the idea that Constand may not be alone? Do you see that as motivation for her potentially? Do you see other accusers coming into the mix here in the trial? Do you think they'll make it past the judge's standard of prejudice versus probative value?
GERAGOS: I - look, I think that's going to be a huge battle in this case, as you've alluded to. But I think, ultimately, most judges would let in at least three, four, five others to kind of bolster the prosecution case. Now, a lot of people would say, well, how do you do that? Why would that come in? And they do it under this guise of that it's a similar motive or signature crime, something along those lines. And you'll - you'll probably remember the Phil Specter case -
CUOMO: Sure.
GERAGOS: Years ago in Los Angeles. They did the exact same thing. They paraded up four or five women who talked about him and the guns and everything else. And here you would presumably have four or five women who would get paraded up, who would talk about, you know, I had a drink with him, next thing I knew, I woke up, I was naked, I felt like something had happened. And that kind of evidence is very powerful for juries. And that's one of the reasons defense always fights so hard to keep it out. And, frankly, one of the reasons judges usually let it in, because it is very - what they would call probative towards someone.
CUOMO: You have layered charges here. Three main counts that really range the span of potential behavior. You have unwanted sexual assault by, you know, sexual assault, unwanted contact while continuous, also while unconscious, and the act of rendering the defendant incapable of consenting. How do you break those down?
GERAGOS: You know, actually, you've given a great kind of a layout of the three different charges there, the three categories of charges. They all derive from, at some level, the giving of a drug, or giving of a substance that caused somebody to not be able, in this case Constand, not be able to give consent. And the reason this is so devastating for Cosby is because of that deposition in the civil case, where he concedes that he was getting Quaaludes, that he was getting these drugs, and that that was kind of the milieu back then when he was doing it.
[08:35:35] And giving that drug, even if she says, I didn't say no, which is - that was - came up yesterday in the preliminary hearing, that that was one of the statements that she had made. It doesn't matter if the jury believes that she was given a drug, and that that drugs withdrew her ability to give consent. So that's a very, very difficult hurdle for the defense to get over.
CUOMO: This is going to be a really widely watched trial. It means so much to so many on both sides. Counselor Geragos, I look forward to getting your counsel throughout. Thanks for being with us this morning.
GERAGOS: Thanks, Chris. CUOMO: Alisyn.
ALISYN CAMEROTA, CNN ANCHOR: OK, sifting for clues in the final moments of EgyptAir Flight 804 with a veteran pilot. Captain Sully Sullenberger, the man behind the famous miracle on the Hudson, joins us.
ANA CABRERA, CNN ANCHOR: But first, a woman in a wheelchair is taking the dance world by storm, inspiring others along the way. In this edition of "Turning Points," CNN's Dr. Sanjay Gupta takes a look at how she is defying the odds, putting a different spin on dance.
(BEGIN VIDEOTAPE)
DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Cerebral palsy didn't stop this dancer from living her dream in the spotlight.
TERI WESTERMAN, DANCER: When I'm dancing, I feel like I'm flying.
GUPTA: Terry Westerman's drive and determination came from her biggest cheerleaders, her parents and brothers.
WESTERMAN: My family never treated me any different. I just happened to have to wear braces and walk on crutches and go to physical therapy a lot.
GUPTA: She endured more than 15 operations growing up.
WESTERMAN: The last one put me in the wheelchair full-time.
GUPTA: Teri pursued a career in the arts despite her new reality, and the nay sayers.
WESTERMAN: The directors and producers would look at us and say, I'm sorry, we can't use you.
GUPTA: So, she started her own theater company.
WESTERMAN: I need some original ideas.
I was one of the founds members of PHAMALY, which is a physically disabled acting troupe.
GUPTA: And that's not all. Teri has inspired others with disabilities by winning Miss Wheelchair Colorado and competing in ballroom dancing throughout Europe. Her latest project is a nonprofit integrated dance company called Spoke N Motion, proving possibilities are endless.
WESTERMAN: Be the person first, but if all you see when you look at me is the wheelchair, you have no idea who I am.
GUPTA: Dr. Sanjay Gupta, CNN reporting.
(END VIDEOTAPE)
(COMMERCIAL BREAK) [08:41:50] CABRERA: Time now for the five things you need to know for your new day.
And while some of you were sleeping, anti-Trump protests turned violent in New Mexico. Demonstrators clashing with police, even breaking through the police barriers there. Some disrupting Trump's speech.
Meantime, Hillary Clinton campaigning hard in California, hoping to avoid a defeat in the primary there on June 7th. This while Bernie Sanders is now calling for a complete recanvassing of last week's Kentucky primary.
Comedian Bill Cosby, for the first time, facing a criminal trial for alleged sexual assault. A judge ruling there's now enough evidence from accuser Andrea Constand to move forward with his trial.
President Obama is in Japan for a summit with G-7 leaders. China will sit high on the agenda with growing concerns about the slowdown of the Chinese economy and its ripple effect and the tensions in the South China Sea.
Fleet Week kicks off today in New York City. A parade of ships setting sail in New York Harbor. The annual event of course honors members of the Navy, the Coast Guard and the Marine Corps.
For more on the five things to know, go to newdaycnn.com for the very latest.
Alisyn, have you ever been to Fleet Week?
CAMEROTA: I have. Oh, I have. I've covered it sometimes. It's really fun and festive.
CABRERA: I'd love to go. I'm in town. I'm ready.
CAMEROTA: Maybe you and I should take a little spin down there. Girl's trip.
CABRERA: Let's do it.
CAMEROTA: Well, comedian Sasha Baron Cohen is no fan of presumptive Republican nominee Donald Trump. The bad blood all started with a trademark mock interview that ended with Trump walking off. CNN's Jeannie Moos shows us.
(BEGIN VIDEOTAPE)
JEANNIE MOOS, CNN CORRESPONDENT (voice over): Talk about a matchup. Ali G versus Trump.
ALI G: What is the most popular thing in the world?
DONALD TRUMP (R), PRESIDENTIAL CANDIDATE: Music.
ALI G: No. TRUMP: Tell me.
ALI G: Ice cream.
MOOS: It was back in the days when Sasha Baron Cohen was pranking people with his dimwit rapper routine, everyone from the then secretary general of the U.S. -
ALI G: Is Disneyland a member of the U.N.?
UNIDENTIFIED MALE: No.
MOOS: To Buzz Aldrin, second man to walk on the moon.
ALI G: What was it like not being the first man on the moon? Was you ever jealous of Louis Armstrong?
BUZZ ALDRIN, ASTRONAUT: It was Neil Armstrong and, no, I was not jealous.
MOOS: With Trump the topic was ice cream. Ali G proposed The Donald invest.
ALI G: (INAUDIBLE) is to come out with just like these ice cream gloves that make the ice cream not go on your hands.
MOOS: Donald was polite, but didn't bite.
TRUMP: Well, it sounds like a good idea and I hope you make a lot of money.
Good luck, folks.
MOOS: And with that, Trump walked off, showing less annoyance than others.
UNIDENTIFIED MALE: OK, I think that's about it.
UNIDENTIFIED MALE: The guy's an idiot.
MOOS: The other night, the idiot was asked about his encounter with Trump.
ALI G: I was the first person actually to realize that he's a (EXPLETIVE DELETED).
MOOS: Cohen says Trump's interview lasted seven minutes. Though The Donald tweeted, "I never fall for scams. I am the only person who immediately walked out of my Ali G interview." Ever since that interview 13 years ago, there's been bad blood between The Donald and Sacha Baron Cohen. Trump called Cohen a moron.
[08:45:03] TRUMP: This third rate character.
MOOS: Cohen mockingly endorsed The Donald, wearing a make America great again hat at the premiere of his new movie, which features a Trump character who contracts HIV.
UNIDENTIFIED FEMALE: Oh, goodness.
ALI G: People are cheering.
MOOS: Talk about taking the gloves off, even if they are ice cream gloves.
TRUMP: Good luck, folks.
MOOS: Jeannie Moos, CNN -
ALI G: Do you think man will ever walk on the sun?
MOOS: New York.
ALDRIN: The sun is too hot and it's not a good place to go.
(END VIDEOTAPE)
CUOMO: The sun is too hot. It is not a good place to walk.
CAMEROTA: Well.
CUOMO: That's what he said.
CAMEROTA: I mean, they could have responded even more, you know, vehemently against him. But that was - you just say, enough is enough and you walk off. I mean that was - that was reasonable.
CABRERA: And Donald Trump was tame in his response there.
CAMEROTA: Right.
CUOMO: How bad did you feel for Mic when she was interviewing Sacha Baron Cohen about the Trump movie and how much fun he was having with the horrible things that happened to the character in that movie? I felt so bad for her that day.
CAMEROTA: I felt worse for us because they kept saying they were coming to us and you and I were hiding.
CUOMO: Yes.
CAMEROTA: With one of those -
CABRERA: Exactly.
CUOMO: Anyway, back to what matters. New details emerging in the EgyptAir crash investigation, but many questions remain. We're going to break it down with someone who knows a lot about flying, hero pilot, Captain Sully Sullenberger's here, next.
Great to see you, captain.
(COMMERCIAL BREAK) [08:50:24] CABRERA: The crash of EgyptAir Flight 804 remains a mystery and it's a race against time now to find the plane's black boxes to get some clues. There are conflicting reports this morning about the plane's final moments.
Joining us now, CBS News aviation and safety expert and former U.S. Airways captain, Chesley "Sully "Sullenberger, who you may recall successfully crash landed his plane in the Hudson River back in 2009.
Good to see you. Captain Sully, thanks for being here.
CHESLEY "SULLY" SULLENBERGER, FORMER U.S. AIRWAYS PILOT: Good morning, Ana.
CABRERA: Good morning.
So we don't know what happened to this airplane, but we are getting a few pieces of information. We know that they have now recovered life vests, personal belongings, parts of the wreckage, even small fragments of human remains. What is your gut tell you about what happened to this plane?
SULLENBERGER: Let me set the stage for you very quickly. This is like trying to complete a large painting, one tiny fact, one tiny droplet of paint at a time. We collect only a handful initially. We only have a handful of facts to work with, and they may be scattered throughout the canvas. As we gather more facts, we can add more brush strokes. We begin to look for connections, for patterns. Ultimately, at the end of the investigation, which may take a year or more, we will have brought into clear focus the true picture of what happened. And the investigators ultimately will learn, I'm convinced, not only what happened, and how it happened, but why it happened. But it's this painstaking, methodical, scientific process that the investigators must use to finally solve even the deepest mysteries.
There are some -
CABRERA: Let me add even more to the picture. Let me add even more to the picture because -
GERAGOS: OK.
CABERA: We also have some clues about the alerts that were sent out from the plane's automated system. We know that the plane signaled problems with a heated window in the cockpit, a sliding window in the cockpit, smoke in the lavatory, smoke in the avionics compartments, problems with the auto pilot, flight control system, yet the captain never alerted anybody of any problems. It was radio silence. How do you explain that?
SULLENBERGER: Well, it's actually very easy. There are many reasons that might have happened. It's likely that with a sudden emergency, a sudden triggering event, pilots were doing what we're trained to do, and that is to fly the airplane first and fly it very well, begin to solve the problems. And only after you've made sure that the airplane's being flown well in a proper flight path, and the situation is being handled, only then would you take time to communicate with air traffic control, because really, other than to alert rescue forces and begin what might be an hour's long rescue effort to get resources to the scene, there's not much help that air traffic control can immediately render to a flight in crisis. It's really up to the crew on board to solve that until they can get on the ground and get more help. So it's not -
CABRERA: So you think maybe it's possible they just didn't even have time to say, we're going down, they were so focused on trying to bring the plane down safely? It's possible?
SULLENBERGER: And probably - and probably trying to figure out what exactly was going wrong. With the miracle on the Hudson flight, we had a huge advantage of relatively little ambiguity. We saw the birds seconds before we hit them, but not enough time to avoid them. We smelled the burning bird odor coming into the airplane from the engines. We had to go right to, how do we solve this problem, and didn't spend a lot of time trying to figure out what caused this problem. It's likely if it was sudden, and was kind of a nuance beginning to the emergency. They might not have known what was going on.
It's also important to note that even though these automated fault (ph) messages were transmitted from the airplane, we don't know what alerts the crew might have received. We don't know what the crew saw or what they heard or what they smelled, for example.
CABRERA: You know the fact that the idea this could have been a terrorist acct came out so early in the conversation, from Egyptian officials, say it was more likely a terrorist act than perhaps a technical failure of some sort. It really speaks to the fear people have about flying this day and age. As a captain yourself, do you have any reservations or would you have reservations flying a plane that originates in a city like Paris or other cities in Europe?
SULLENBERGER: I think it's just human nature in light of recent events and in certain parts of the world to have that possibility, which is one of many, be for - in the forefront of one's mind. People should be savvy travels. They should have good ideas about the relative risk of traveling certain places in certain ways. And as an aviation industry, we still need to do much better about sharing intelligence and making air travel safer and more secure. But we have to depend upon actual evidence.
[08:55:13] Now some, in some walks of life, you know, feel like they have the luxury to shoot from the hip or jump to conclusions. But in aviation, we rely upon evidence to draw conclusions. That doesn't mean that we should wait until the investigation is complete to improve areas that we know need to be improved.
But let me put this in perspective for the traveler. You know, any individual is likely to face some much more routine risk in our everyday lives than an exceptional and in potentially small risk of dying in a terrorist event. You know, if you are really concerned about your safety, and sometimes it's hard for us to do this, but there are pedestrian ways that we can change our lives. CABRERA: Right.
SULLENBERGER: Tomorrow, we could choose, for example, not to use our phones in our cars and save more lives in one year than are lost globally in aviation accidents.
CABRERA: Well, some reassuring thoughts there at the very end. Thank you so much, Captain Chesley "Sully "Sullenberger, joining us this morning.
The NEWSROOM right after the break. Thanks for being with us on NEW DAY.
(COMMERCIAL BREAK)
[09:00:12] PAMELA BROWN, CNN ANCHOR: Well, good Wednesday morning.
