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New Day

Smollett Returns to Stand; DOJ Closes Emmett Till Probe; French Presidential Candidate Attacked at Rally; Kentucky Derby Winner Dies at Track; Wild Weather for Monday Night Football. Aired 6:30-7a ET

Aired December 07, 2021 - 06:30   ET

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

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[06:31:12]

BRIANNA KEILAR, CNN ANCHOR: Court resuming this morning with former "Empire" actor Jussie Smollett back on the stand in his own defense. Smollett testified Monday that he was a victim of lies, saying that he did not hire two men to carry out a fake racist and homophobic attack for publicity, but he says he did have a sexual relationship with one of his male accusers.

CNN's Omar Jimenez joining us live from Chicago.

This was quite a surprise in this case, Omar.

OMAR JIMENEZ, CNN CORRESPONDENT: It really was, Brianna. And, clearly, the defense felt there was no one better to tell Jussie Smollett's side of the story than Jussie Smollett himself. And piece by piece, over the course of his testimony, his attorneys tried to take him through some of the major points in the prosecution's case, to push back and to emphasize to jurors, as they have all along, that Jussie Smollett was the victim of a real hate crime.

(BEGIN VIDEOTAPE)

JIMENEZ (voice over): Almost three years after reporting a hate crime --

UNIDENTIFIED MALE: How you feeling today?

JIMENEZ: Actor Jussie Smollett took the stand in his criminal trial Monday, as he fights charges that he staged the attack against himself in January 2019.

UNIDENTIFIED MALE: Do you want to take it off or anything?

UNIDENTIFIED MALE: Yes, I do. I just want them to see. There's (INAUDIBLE). These (INAUDIBLE).

UNIDENTIFIED MALE: OK.

JIMENEZ: Appearing on police body camera footage at the time, Smollett said two attackers had put a white noose around his neck, even doused him with bleach outside his Chicago apartment. Parts of his testimony on Monday focused on his relationship with those two alleged attackers, brothers Abimbola Osundairo and Olabingo Osundairo. Smollett said he knew them from his hit show "Empire."

Last week, Olabingo Osundairo, known as Ola, told the deputy special prosecutor, Sam Mendenhall, that Smollett instructed them on how to attack him. Mr. Smollett asked you to fake attack him, Mendenhall asked? Yes, Osundairo responded. Pretending to be Trump supporters, Mendenhall continued? Yes, Osundairo said.

But under direct examination from his defense attorney, Smollett denied orchestrating the attack. He told the court that he hired one of the brothers as his trainer. Basically, I turned to him and said, you should be my trainer. He agreed. The actor said Bola Osundairo repeatedly asked him about becoming a personal security guard after a hate letter was sent to him, but Smollett again said there were never discussions about a hoax or payment for a staged attack.

The gay actor also told the jurors that Bola helped him get drugs, including cocaine, and that a sexual relationship developed between the two. Bola denied a relationship or even sexual tension during his testimony last week. When asked by defense attorney Nenye Uche, about the other brother, Ola, the actor told the court he didn't trust him. He kind of creeped me out, he said. Every time we were around him, he didn't speak to me. Every time we needed to leave, he made it seem like we needed to sneak off.

During his cross-examination, the special prosecutor on the case questioned the actor's refusal to give a cheek swab DNA sample to the police or to provide his medical, as well as his cell phone records. Smollett has maintained that his decision was due to privacy reasons. He's facing six counts of disorderly conduct for allegedly making false reports to police. Smollett has pleaded not guilty to all charges.

(END VIDEOTAPE)

JIMENEZ: Now, in total, Smollett testified for about five hours. And cross-examination is where things left off, so that's where we'll pick things back up today when court gets back later this morning.

The -- this should, I should say, be the last day of testimony we see until closing arguments and the jury gets the case. Previously, the judge had told jurors he was 100 percent sure the jury would have the case by today. But as we closed things out, he told them that may spill into tomorrow.

Brianna.

KEILAR: All right, still a big day with Jussie Smollett still on the stand.

[06:35:01]

Omar, thank you for that report.

BERMAN: So, here with me, "EARLY START" anchor and attorney at law, Laura Jarrett.

Laura, I'm trying to grasp what we're seeing right now with Jussie Smollett on the stand because what you have from the prosecution is you have witnesses, you have these brothers, and corroborating evidence. And now you have Jussie Smollett just saying, no, not true.

LAURA JARRETT, CNN ANCHOR, "EARLY START": Saying, please believe me, essentially. And this entire case is going to come down to credibility. It's going to come down to which version of this story the jurors think is true.

The problem here for Jussie Smollett, as you're laying out, is that he's really hoping and praying that they just believe his word, when the evidence is a little bit mixed and cuts both ways.

And, look, juries believe stories that they can get their heads around, right? They believe stories that they can attach to that align with their world view.

Just one example here. Jussie Smollett says the check that he cut for $3,500 was to pay one of the brothers to get him ripped. He says that he texted the brother for help on the low because he wanted help getting an herbal steroid from Nigeria that's illegal in the United States. What? The jury's supposed to believe that. And so it's being -- it's being hoped that he will attach -- that he will be able to convince the jurors to attach to some of these far-fetched theories.

Now, on the other hand, the prosecution here is a special prosecutor, very well-known in Chicago, very seasoned. He has not been able to extract any admission that Smollett actually lied. And so he'll have another bite at the apple today, but so far he has not been able to get Smollett to say, you know what, that wasn't true, or to catch him in some lie.

BERMAN: Yes, there hasn't been any, you know, a "Few Good Men" moment, you're damn right I did, on the stand.

JARRETT: No, and he's tried hard.

BERMAN: If people were expecting that.

All right, Laura, there was a story you broke yesterday, which I think has just really important historical significance, which is the Justice Department closed a new investigation, newer investigation, into the murder of Emmett Till.

Explain exactly what happened here. It's complicated.

JARRETT: Yes, it's one of the more haunting cases that has not faded from view, because there was always a question of whether somebody, somehow, some way, could held legally culpable here because the two white men who tortured, brutalized and murdered Till actually died years ago. They admitted to "Life" -- "Look" magazine that they actually did kill him, but they have long since died. And so the feds were hoping, is there somebody that there is somebody we can hold accountable here? They thought they had a break in 2017 when this processor comes

forward with an explosive claim, that the woman at the center of this case, who accused Till of making advances toward her, the professor said see lied. That she admitted that she lied to him. He was the only one who got an interview with her. The problem is, he did not get that key admission, that key confession on tape.

Now, he has a lot of explanations. He said everybody knew she lied. I didn't see it was a big deal at the time. That interview was back in 2018 (ph). He doesn't both to publish this until 2017. He would say it took a long time. But you would think something that big, something that major, something that the Till family had staked their hopes on, would have come to light earlier. But now it is too late. The statute of limitations has run. And as I said, all the people who you could hold legally accountable have long since passed away.

BERMAN: Yes, the part that breaks your heart is the Till family has been through this so long, so many times, to get their hopes up at the end here, only to have them dashed.

JARRETT: Yes. (INAUDIBLE).

BERMAN: Laura, terrific reporting. Thanks so much for being with us.

So, the far-right candidate who could be France's next president physically attacked in his very first campaign rally. There's a lot going on to this story, whether this guy is. We're going to show you this alarming video, ahead.

KB: And the K-pop mega group BTS about to do something they haven't done in years. And they just might be on to something.

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[06:42:56]

KEILAR: Violence broke out at a political rally in France. Far right presidential candidate Eric Zemmour attacked by a protester who grabbed him around the neck as he walked toward the stage at his first campaign rally.

I want to bring in CNN's Cyril Vanier, who is live for us in Paris with the latest.

Look, I think we should be paying attention to this, Cyril, not just because this politician was attacked, but also for what his candidacy signals here.

CYRIL VANIER, CNN ANCHOR: Oh, absolutely, Brianna. You hit the nail on the head. There's the violence, and then there's the politics behind this and the wider context.

So the violence is that Mr. Zemmour was indeed assaulted moments after he left the backstage area to walk towards the stage for his first political rally. Now, his team says he sustained a wrist injury and he was wearing a wrist cast this morning on his morning TV shows. More violence later on in his rally as an anti-racist group silently stood up in front of the cameras -- we can show you those pictures -- they're very impressive. They were mauled, Brianna. They were assaulted by Zemmour's supporters. Sixty-two people were detained by police after that incident.

Zemmour's critics would say that the violence in his rhetoric is partly what is causing this real-life violence. What does he stand for? Eric Zemmour is a former conservative journalist turned far right ideologue who believes that France is a -- essentially a Christian nation that is under threat from Islam.

Listen to part of his campaign speech.

(BEGIN VIDEO CLIP)

ERIC ZEMMOUR, FRENCH PRESIDENTIAL CANDIDATE (through translator): Now, obviously, I'm not racist. No, you, you're not racist. All that we want is to defend our heritage. We're defending our country, our homeland, the heritage of our ancestors.

(END VIDEO CLIP)

VANIER: His virulent, anti-immigration, anti-Islam rhetoric has brought him to where he is, in a position to now run for president. He's still fairly low in the polls. We're only talking about roughly 14 percent. But the political landscape here, Brianna, is so fragmented that that could just be enough for him to get to the runoff round of the presidential election and be the main rival to the incumbent, Mr. Macron.

[06:45:07]

And, Brianna, one last thing, Mr. Zemmour has drawn, many times, comparisons with the former U.S. president, Donald Trump.

KEILAR: Wow. I mean, the pictures that we're seeing of the violence, it's -- it's -- it's stunning.

Cyril, thank you so much for that report.

Coming up, controversial Kentucky Derby champion Medina Spirit dies suddenly on the track. Who is at fault here?

BERMAN: And, glory! I have never seen a football game quite like this. Never. Not in the NFL. The outcome here, perfect. But we'll tell you just how strange this whole thing was.

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[06:50:01]

BERMAN: New details this morning about the sudden death of Kentucky Derby winning horse Medina Spirit. The California House Racing Board tells CNN the horse collapsed during a routine workout at Santa Anita Racetrack and died immediately. The horse's trainer, Bob Baffert, says he believes the horse died of a heart attack. Now, Baffert was suspended after Media Spirit failed a drug test

following this year's Kentucky Derby win.

Joining me now is the president of the American Association of Equine Practitioners, and a race horse veterinarian for more than 30 years, Dr. Scott Hay.

Dr. Hay, I appreciate you being with us this morning.

How unusual is this for a horse to drop dead after a fairly routine workout?

DR. SCOTT HAY, PRESIDENT, AMERICAN ASSOCIATION OF EQUINE PRACTITIONERS: Well, it's an extremely rare occasion. And I -- they've kept statistics in California specifically for these types of occurrences. And I think the statistics I've seen is about 1 in 160,000 race starts -- one in -- or not race starts but training starts. And about 1 in 9,000 race starts. So it's an extremely rare occasion.

BERMAN: What could cause something -- I know you haven't had a chance to look at the medical records. We're still waiting for results here. But, generally speaking, what could cause something like this?

HAY: Well, typically, sudden deaths are caused by either a cardiac issue, some sort of internal hemorrhage, more rare, a spinal issue of some sort. You know, the autopsies will determine what the exact cause is in about -- probably about 50 percent of the cases. And the other 50 percent would -- there may still be some question once the autopsy is done.

BERMAN: So there's only a 50 percent chance that anyone will ever know for sure?

HAY: Maybe a little better when you start getting into some presumptive diagnoses, but 50 percent is usually the rate that we see an absolute diagnosis here.

BERMAN: So, Dr. Hay, we know that this horse tested positive for betamethasone, a steroid, after the Kentucky Derby. Is that the type of thing that could contribute to this?

HAY: Yes, I wouldn't see any correlation to that whatsoever. I just never have seen that on a postmortem examination being a cause of death.

BERMAN: And could any kind of training practices that wouldn't be normal, or legal, could they contribute to something like this? And I ask because of Bob Baffert's record here. He is under suspension for this positive test.

HAY: Sure. Absolutely. And, you know, that -- that positive test hasn't been adjudicated yet, but I wouldn't see any correlation between any type of training practices.

BERMAN: Dr. Hay, I appreciate you being with us this morning. As you said, we're waiting for these results from the autopsy or necropsy. And, you know, even then we may only have a 50 percent chance of learning what happened here. Still, it is troubling. Appreciate it.

HAY: Thank you.

BERMAN: So, good news for your winter heating bill. The price of natural gas plummeting. A huge drop since October. Also, there's some good news on gas price. What's behind it all?

KEILAR: And some graphic testimony involving schoolgirl outfits, voyeurism, and why one witness says Jeffrey Epstein needed sex three times a day.

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[06:57:33]

BERMAN: An historic game in Buffalo overnight. No, not just because the Patriots won. That is epic, but not necessarily historic. What was so unusual, I mean, almost unheard of, is how this game was played.

Andy Scholes has this morning's "Bleacher Report."

I still can't believe what I saw.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: I mean, Berman, like, Bill Belichick just looked at the weather and said, you know what, we're not even going to attempt to throw the ball. We're just not going to do it. The wind gusts were out of control in Buffalo last night. Fifty miles per hour is how fast they were going. Temperature felt like it was in the 20s. Snow blowing sideways. Kicking and throwing the ball, just an adventure.

And rookie quarterback Mac Jones attempting only three passes all night, completed two of them. The Patriots ran the ball 46 times, including a 64 yarder here from Damien Harris.

Under two minutes to go, the Bills had fourth and 14 in the red zone. Belichick dialing up the blitz. Josh Allen's pass knocked down. Belichick showing some emotion there, smiling, hands up, hugging his son. Patriots win 14-10. First time since 1974 a team won while attempting three passes on less. The Patriots have won seven in a row and are now the one seed in the AFC.

(BEGIN VIDEO CLIP)

BILL BELICHICK, NEW ENGLAND PATRIOTS HEAD COACH: We played kind of the way we felt like we needed to play to win. And, you know, in the end, we scored enough points. Being tough, being disciplined, being resilient and dealing with a really good football team. And, you know, conditions that were somewhat challenging.

(END VIDEO CLIP)

SCHOLES: Yes, somewhat challenging, Berman, a little bit of an understatement there. But, you know, we talked about it a week ago, that the dream Super

Bowl, the Patriots and the Bucs. It was so kind of just like a dream out there. But, man, Patriots, seven in a row, 9-4 now. It's becoming more and more like it could become a reality.

BERMAN: So, Andy, I have to tell you, I didn't sleep very much, so I'm a little bit cloudy this morning, but I kept on watching it. And I was -- is Mac Jones going to throw the ball? Is Mac Jones going to throw the ball? Three passes in the modern NFL. It's just -- I can't even get my head around it.

SCHOLES: It's incredible because the Bills, they even knew it. This -- at one point in the game, you know, the Patriots aren't going to be trying to throw the ball here. They should have geared up to the run, but they still couldn't stop it. And hats off to Belichick's defense. It, once again, came through with a great performance.

BERMAN: Yes, I don't think any other coach in the NFL would do what he did last night, for better or worse. I mean it almost didn't work, but I don't think anyone else would (INAUDIBLE).

SCHOLES: Yes, I mean the Bills threw the ball 30 times.

[07:00:01]

And as you can see, it didn't really work out for them.

BERMAN: All right, Andy, appreciate it.

SCHOLES: All right.

BERMAN: NEW DAY continues right now.