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New Day Sunday

Boston Bombing Trial: Closing Arguments Begin Monday; 31 Arrests in Kentucky After Wildcats' Loss. Aired 7:30-8a ET

Aired April 05, 2015 - 07:30   ET

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

(COMMERCIAL BREAK)

[07:32:23] ALISON KOSIK, CNN ANCHOR: New this morning: a report detailing the response by law enforcement following the 2013 Boston marathon bombing.

A report by local authorities reveal some police officers involved in tracking down the bombers showed a lack of weapons discipline. In fact, shortly after the shoot-out which led to Tamerlan Tsarnaev death an officer fired on an unmarked state police vehicle after it was mistakenly reported stolen. Still, the report praises other aspects, including the response of medical personnel.

These new details arrive as closing arguments are scheduled for tomorrow in the trial against Dzhokhar Tsarnaev.

Here is the deal: neither side disputes Dzhokhar's role in the attack but his defense team maintains Tsarnaev's brother was the mastermind and dragged his brother into it.

Our Alexandra Field takes a look at the case.

(BEGIN VIDEOTAPE)

ALEXANDRA FIELD, CNN CORRESPONDENT: The case against Dzhokhar Tsarnaev. The story you've heard and evidence you've never seen before, Tsarnaev running from the blast site. Minutes later, shopping for milk at a Whole Foods grocery store in Cambridge and the blood- stained message meant to explain it all.

Marathon Monday, a surveillance camera near a bar catches Tamerlan and Dzhokhar walking down Boylston Street. They're carrying backups with the pressure bombs inside. They split up. Tamerlan heads toward the finish line, Dzhokhar takes his place in front of the Forum Restaurant. There is a phone call between the brothers and then the first explosion.

Inside Marathon Sports, shattered glass and shell-shocked victims. Outside, video never seen before of the horror, the helplessness, and the heroes.

The further down Boylston Street, in front of the Forum Restaurant, there is confusion, heads turned toward the finish line. Dzhokhar gives a backward glance and leaves his backpack behind.

Six-year-old Jane Richard loses her leg in the blast. Her 8- year-old brother Martin is hurt even worse. Their father Bill remembers, "It was the last time I saw my son alive, barely."

Lingzi Lu and Krystle Campbell can't be saved.

Three days later, all hell breaks loose. Six shots ring out on the MIT campus.

UNIDENTIFIED MALE: Officer down, officer down, officer down. All units.

FIELD: Officer Sean Collier is killed. Surveillance cameras catch two men walking toward his squad car and taking on off less than three minutes later. A student riding around on a bicycle will place Dzhokhar at the scene of the crime.

Tamerlan confesses to the bombings and murders after car-jacking a Chinese grad student Dun Meng.

[07:35:03] He testifies, Tamerlan says, "You know who did it? I did it." Held at gunpoint and forced to hand over his ATM, Dzhokhar withdraws money from his account. Meng makes his getaway when the brother stopped for gas. Dzhokhar is inside stocking up on snacks, Meng narrowly escapes Tamerlan's grip, running for his life.

DUN MENG: They are the suspects of the marathon explosion.

FIELD: The manhunt intensify. Police use a safety feature with a GPS inside the Mercedes to track the brothers down.

In Watertown, there is a firefight. The brothers hurling pipe bombs and pressure cooker bombs. At least 56 shots are fired from the 9 millimeter handgun used to kill Officer Sean Collier. Police fire at least 210 shots. Tamerlan dies after his brother drives the Mercedes over his body.

A day later, Dzhokhar is pulled out of a boat in a backyard riddled with more than 100 police bullets. His message etched in pencil. "We Muslims are one body. You hurt one, you hurt as all."

(END VIDEOTAPE)

BLACKWELL: All right. Let's talk more about this and bring in CNN commentator and legal analyst, Mel Robbins. Also with us, HLN legal analyst Joey Jackson.

Good to have you both with us this Easter morning.

JOEY JACKSON, HLN LEGAL ANALYST: Good morning, Victor!

MEL ROBBINS, CNN COMMENTATOR AND LEGAL ANALYST: Good morning, Victor.

BLACKWELL: Joey, first to you. What do you expect to hear from the defense? What will they do or hope to do in these closing arguments?

JACKSON: It was all about Tamerlan. Now, remember this: the judge has severely limited, Victor, the ability of the defense at this point to do so much which is what they want to do. I think we'll hear about it in the penalty phase. Of course, I'm presuming a guilty conviction.

You know what? I think ultimately the defense makes that same presumption because they are playing for the long run.

But remember what they did in their case, that is the defense. They put up experts to talk about computer searches. And by the way, that was Tamerlan's computer, his older brother, the ring leader, in addition to experts to talk about the fingerprints, the bomb, the pressure cooker and fingerprints that were found, by the way, that was his brother.

So, ultimately, what I think you'll hear, Victor, is them setting up, that is the defense, the later argument which was the minimal role he was certainly just going along with the person who controlled this, who inspired this, and who led the way and that was the real guilty person. He is dead. That's his brother.

BLACKWELL: Mel, let's talk about the state. While some may believe this is open and shut, you contend that there are some elements that the state has not proven beyond a reasonable doubt?

ROBBINS: Yes, Victor. You know, there are 30 counts and I suspect you will see a conviction on all 30 counts.

However, there is very troubling questions that were never answered. For example, there were four pipe bombs, two that went off at the Boston marathon site and another one that was hurled at police and found a fourth during the manhunt that happened in Watertown.

Now, those two bombs that they threw at the Boston marathon, they had between 16 and 8 pounds of explosive powder each. The one they threw at the police had four pounds and the one they found at Watertown had three pounds. They never proved where or actually how much they got that explosive powder. That's troubling.

Secondly, they also contended and admitted on the stand, Victor, that Tamerlan's apartment, while it was a mess, actually wasn't the site where they built the bombs. Now, will that be material in terms of whether or not they have a conviction on the 30 counts? Probably not. I think we will see a conviction on all 30.

But it's extremely troubling, if you ask me, that after all of this we still don't know for sure, beyond a reasonable doubt, where they got that much explosive powder and actually where the bombs were built, Victor.

BLACKWELL: So, Mel expects a conviction on those 30 counts. Joey, do you?

JACKSON: I really do. I mean, ultimately, I don't think that that is really what we are all focused on and at the edge of our seats on.

BLACKWELL: Yes.

JACKSON: Whether there will be a conviction on 30 counts. I think the real issue lies -- and again, not that I'm a forecaster at all -- but when you are have the defense team even saying, my guy did it, you know, we really can't talk about why now. We'll will hear a lot who this person is, how he grew up, what he was all about in the neck phase of the trial. But I think the real question is going to be, when we have the pleasure speaking to you again, Victor, is going to be: what are the aggravating factors that are going to put out by the prosecution that warrant death and what are the mitigating factors that lessen it to have the jury spare his life.

That's the question: will he live or will he die?

BLACKWELL: So, are we expecting an even longer penalty phase than what we saw in the trial?

ROBBINS: It's a great question. You know, it was a 16-day case by the prosecution, with 95 witnesses. You're not going to see that kind of volume, Victor. What I suspect we're going to see is experts about brain development.

[07:40:00] Dzhokhar was 19 years old. You're going to see people from his past. You're going to see more experts talking about what his online activity looked like. This was a kid that was looking at Facebook as much as -- more rather than he was doing anything radical online, that it was all his brother.

You know, I sit here and wonder how do you spare this guy's life unless he takes the stand? And then, at the same time, you never put your client on the stand and subject them to the vicious cross in a case like this by a federal prosecutor that would love to tear this guy apart on the stand and reveal how radical he is. So, you know, it's really a big guessing game at this point what they are going to do. How you overcome the photographs of the three bodies that were torn apart by these bombs that made jurors weep, that is a really, real tough road to hoe, Victor.

BLACKWELL: Yes, especially people who had some reaction to that story just presented by Alexandra Field, imagine being in the courtroom and seeing all the things that we could not show on television.

Mel Robbins, Joey Jackson, thank you both.

JACKSON: A pleasure, Victor.

ROBBINS: Happy Easter.

BLACKWELL: Happy Easter.

JACKSON: Take care.

KOSIK: New details this morning involving one of the gunmen in the Kenyan University massacre. Ahead at 8:00, the identity of that shooter and his connection to the Kenyan government.

And after a stunning loss in the NCAA tournament, fans of the Kentucky Wildcats taking their frustration to the streets. New overnight video, next.

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[07:45:02] KOSIK: Check out the seen in Madison, Wisconsin, overnight, where police say an estimated 10,000 University of Badger fans celebrated after their team upset Kentucky.

But in Lexington, police say small fires were set on the street and they broke up a few fights as well. There were about 31 arrests.

So, the table is set for tomorrow night's championship. The Duke Blue Devils will face off against the Wisconsin Badgers.

So, let's bring in CNN's Andy Scholes who is in Indianapolis.

Let's say good-bye to our brackets, right?

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Absolutely, guys. If you had Kentucky like 99.9 percent of everyone who filled out a bracket this year, you're out. If you had Duke or Wisconsin, good for you. You still have a shot.

But the game last night between Wisconsin and Kentucky was just amazing. The atmosphere was incredible here, and thanks to the Badgers, we will not be seeing an undefeated season in college basketball for the first time in nearly 40 years.

Now, Wisconsin/Kentucky matchup, it was a rematch from last year's Final Four and saw the Wildcats win. You knew the Badgers, they wanted revenge in this game. Their stud, Frank Kaminsky, AP player of the year, he was amazing. He had 20 points to go along with 11 rebounds.

This game was intense in the second half, went back and forth, and when Wisconsin needed a bucket the most, Sam Dekker once again coming through in the clutch. That three put the Badgers up for good. Wisconsin would win this game 71-64.

Kentucky's future NBA stars stunned that their run is over. While the Wildcats saw their fans just -- some of them crying in the stands in disbelief.

After the game, CNN's Rachel Nichols caught up with Kentucky coach John Calipari to talk about the team's first loss.

(BEGIN VIDEO CLIP)

RACHEL NICHOLS, CNN SPORTS: It's been basically a year since you guys lost the game. What were the kids like the locker room postgame?

JOHN CALIPARI, KENTUCKY COACH: They knew they let something slip away. You know, I mean, here is the thing, up four, our team has always finished those off and we just didn't execute down the stretch. And I put that on me.

(END VIDEO CLIP)

SCHOLES: In the other matchup, Duke swearing off with Michigan State. The Blue Devils freshmen phenoms Jahlil Okafor and Justise Winslow, they helped Duke after 11-piont half time lead and they would never let the Spartans get back in this game. This one not a nail- biter like Wisconsin and Kentucky. The Blue Devils won easily, 81-61.

Coach K is now going to try to win his fifth national championship on Monday. That game between Duke and Wisconsin will be set for 9:18 tip-off. That game will be on CBS.

And, guys, this final game, unlikely for a couple of reasons, one is because Kentucky is not in it and this is also first time or the seventh time ever that two one seeds have met in the championship game -- guys.

SCHOLES: All right. Andy Scholes, thanks so much.

BLACKWELL: Hey, I just want to point out -- out of the 25 anchors and reporters on CNN who participated in the bracket challenge, Andy Scholes is number 24. Just to point it out.

Fast cars and big explosions and what could be Hollywood's biggest, look at them! Look at him! Hollywood's biggest box office weekend for the month of April ever. Stay here for a look at "Fast and Furious 7" and how this franchise continues to rake in huge bucks.

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(BEGIN VIDEO CLIP, "FURIOUS 7")

[07:51:48] UNIDENTIFIED MALE: Can somebody just walk me through what we supposed to be doing?

UNIDENTIFIED MALE: Yo, Roman, you need some fresh air?

UNIDENTIFIED MALE: Just when you didn't think it could get any better, huh?

(END VIDEO CLIP)

BLACKWELL: The seventh installment of "The Fast and Furious" series is on track to race past $150 million at the box office this weekend. Some expect that it could set a record for the biggest opening weekend in April.

Senior media correspondent Brian Stelter is following the story.

Brian, I know people expected the movie to do well, right? But did they expect this?

BRIAN STELTER, CNN SENIOR MEDIA CORRESPONDENT: Yes, they did. Not this well.

The prize here is even more people flocked to the box office this week end than expected. It was able to make $67 million just on Friday, just Thursday and Friday. So, it is now way past $100 million. It's going to be approaching $150 million, and it's going to be by far the biggest April movie opening weekend ever. This just goes to show that even though people are spending more and more time on Netflix and Amazon watching movies whenever and wherever they want, people still do go to the movie theaters for big tent pole flicks like this one.

I'll tell you what, victor, in Hollywood this is already considered the start of the summer box office season. Summer in April, I suppose.

BLACKWELL: We just got into spring comfortably.

STELTER: Barely. Barely.

BLACKWELL: Barely because New York just had snow not too long ago.

STELTER: Yes.

BLACKWELL: Let's talk about Paul walker because he was a major star of the series. Will the series go on to an eighth movie without him?

STELTER: Yes, this is the last one where we see Paul Walker. His brother actually helped them finish the production of the film because he died during the making of this film. But, yes, the answer is, yes, Universal already has plans for not one more, not two more, but three more versions of the "Fast and Furious" franchise. And, of course, the reason is obvious. Number seven is the biggest one yet. So, this is actually a series that just keeps getting bigger.

BLACKWELL: Yes, this could follow the likes of James Bond where you continue to reinvent the cast if they're going to continue to make money like this?

STELTER: That's right.

BLACKWELL: What do you have coming up on "RELIABLE SOURCES"?

STELTER: We're going to be talking about "Rolling Stone", because later today, we're going to see Columbia University release a long awaited four-month-long investigation into how "Rolling Stone" so mishandled that famous, now infamous rape on campus article. Remember, at UVA, they wrote about a student who was allegedly gang raped but that story fell apart under scrutiny last winter.

So, tonight, Columbia University is going to come out and explain what went wrong. It's a 12,000 page examination. So, we'll be previewing that this morning.

BLACKWELL: All right. Looking forward to that. Brian, thank you very much.

STELTER: Thank you.

BLACKWELL: And be sure to catch Brian as the host of "RELIABLE SOURCES", today at 11:00 a.m. Eastern.

We'll be right back.

(COMMERCIAL BREAK)

[07:52:57] KOSIK: Here's a look at other top stories developing now.

Malaysian authorities are investigating a helicopter crash that took the lives of six people.

BLACKWELL: Among those killed were Malaysia's former ambassador to the U.S. and a high ranking member of the prime minister's staff. Witnesses tell Malaysian state news agency that the helicopter exploded in midair before crashing. The flight recorder was found in good condition. Now, preliminary report is expected within a week or so.

KOSIK: Brazil's national public news agency is reporting hundreds of locals are clashing after the death of a 10-year-old boy. The boy's family says their son was shot in the head by police while he was playing outside in Rio de Janeiro. But police say they were shooting at local criminals.

BLACKWELL: Two teenagers apologized in court Friday to the parents of Audrie Pott who took her own life after nude pictures of her surfaced. They admitted to sexually assaulting her in 2012. A wrongful death case against the Saratoga, California, teenagers expected to head next week but they reached a deal. They will pay Potts family $950,000 and they will have to appear in a documentary for high schoolers about the dangers of drinking and sexting.

KOSIK: Take a look at this massive school of sharks spotted off the coast of Florida on Thursday. This is just south of the Sebastian Inlet. They were shot by a photographer from Indian River from air, a company that takes pictures from a powered parachute to get that great angle you're seeing. The photographer says he often sees sharks, but never this many, beautiful and scary all at the same time.

BLACKWELL: I used to live not too far from there. Beautiful area.

KOSIK: Oh, yes.

BLACKWELL: All right.

KOSIK: Thanks for starting your morning with us.

BLACKWELL: Next hour of your NEW DAY starts right now.

(MUSIC)

KOSIK: Good morning, everyone. I'm Alison Kosik, in for Christi Paul.

BLACKWELL: I'm Victor Blackwell. Good to be with you.

We're starting this hour with the breaking news this morning out of Kenya on this Eastern Sunday, as church services across the country are remembering the victims of Thursday's terror attack. We're learning more about one of those four assailants.