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Erin Burnett Outfront
Cities on Edge as Video Shows Police Shooting of 13-Year-Old; Ex-Officer Faces Judge in Wright Killing; Chauvin Trial Nears End; Derek Chauvin Declines to Testify, Closing Arguments on Monday; GOP's Jordan told to "Shut Your Mouth" After Unleashing on Fauci; U.S. Government Says Trump Polling Info was Passed onto Russian Intel. Aired 7-8p ET
Aired April 15, 2021 - 19:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[19:00:00]
WOLF BLITZER, CNN HOST: Frances Durham Watkins was 88, also from Kentucky. After high school, she worked her way up to sales representative in a male-dominated industry. Her daughter Kaye says her mother was a true success story who taught her generosity and kindness.
May they rest in peace and may their memories be a blessing.
"ERIN BURNETT OUTFRONT" starts right now.
ERIN BURNETT, CNN HOST: OUTFRONT next breaking news, multiple cities on edge tonight in the wake of police-involved fatal shootings. Brooklyn Center bracing for a fifth night of unrest as the officer who shot Daunte Wright makes her first court appearance.
And in Chicago, police released body cam video of a 13-year-old teen shot and killed by police. Police say the teen was holding a handgun at the time of the shooting. The family's attorney is disputing that tonight.
Plus, Republican Congressman Jim Jordan berating Dr. Anthony Fauci tonight for Americans losing their freedoms because of the pandemic. Fauci's response ahead. Let's go OUTFRONT.
And good evening. I'm Erin Burnett.
OUTFRONT tonight, two cities on edge in the U.S. Brooklyn Center, Minnesota bracing for a fifth night of unrest as the now former police officer accused of killing a 20-year-old black man made her first court appearance. And in Chicago fear tonight of unrest as well after a police body camera video is released showing an officer shooting and killing 13-year-old teen, Adam Toledo.
I want to warn you that this video is very difficult to watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Stop (inaudible). Hey, show me your (inaudible) hands. Stop it. Stop. Shots fired. Shots fired. Get an ambulance over here now.
(END VIDEO CLIP)
BURNETT: All right. We're going to have much more on that developing story later in the show. I want to start though with Brooklyn Center tonight, Officer Kim Potter made her first appearance before a judge via Zoom today. She shot and killed Daunte Wright during the traffic stop on Sunday. She mistook her gun for a Taser.
According to the former police chief who also stepped down in the wake of this hearing, her today lasted four minutes and 30 seconds and her next hearing is now scheduled for May 17th. She is charged with second-degree manslaughter, which carries a maximum sentence of 10 years in prison and or a $20,000 fine.
Today, Wright's mother saying she wants 100 percent accountability because she says there is no justice.
(BEGIN VIDEO CLIP)
KATIE WRIGHT, DAUNTE WRIGHT'S MOTHER: Everybody keeps the injustice, but unfortunately, there's never going to be justice for us. The Justice would bring our son home to us knocking on the door with his big smile coming in the house, sitting down eating dinner with us, going out to lunch, playing with his one-year-old, almost two-year-old son, giving him a kiss before he walks out the door. So justice isn't even a word to me. I do want accountability, a hundred percent accountability.
(END VIDEO CLIP)
BURNETT: The family also announcing today that Wright's funeral will be next Thursday. Meanwhile, the city remains on edge after four nights of protests. Officials say there were about 24 arrests last night. That's more than 140 total since the protests began. The majority of those arrested were not local residents.
Adrienne Broaddus is OUTFRONT and Brooklyn Center tonight where she has been covering this since the beginning. So, Adrienne, what is the latest that you're seeing tonight, especially as I know you have been there every night as crowds have gathered?
ADRIENNE BROADDUS, CNN CORRESPONDENT: Erin, I can tell you folks from the community are remixing their form of protesting. Earlier today, this chain-link fence went up. It's a way to keep them back. But instead of chanting and playing music at this hour, they are hanging car air fresheners like the one you see here.
You'll remember, Daunte Wright called his mother when he was pulled over and she told, or he told his mother he was pulled over because he had air fresheners hanging from his rearview mirror. And that Officer who shot and killed him spent time in court today via Zoom.
(BEGIN VIDEOTAPE)
BROADDUS (voice-over): Tonight, former Brooklyn Center Police Officer Kim Potter making her first court appearance via a Zoom hearing. The 48-year-old officer who wore a plaid shirt spoke once, answering, "Yes, I am," when the Hennepin County Judge asked if she was present.
The hearing lasted less than five minutes with Potter scheduled to be back in court next month. She is out of jail after posting bond.
(BEGIN VIDEO CLIP)
KIM POTTER, FORMER BROOKLYN CENTER POLICE OFFICER: I'll Tase you. Taser. Taser. Taser. Holy shit. I just shot him.
(END VIDEO CLIP)
BROADDUS (voice-over): Potter faces a second-degree manslaughter charge for shooting Daunte Wright during a traffic stop on Sunday. While the 26-year veteran of the force hasn't publicly told her side of the story, Brooklyn Center's Police Chief said before he resigned he believed the shooting was accidental with Potter pulling her gun instead of her Taser by mistake.
(BEGIN VIDEO CLIP)
NAISHA WRIGHT, DAUNTE WRIGHT'S AUNT: Can we get a conviction?
UNIDENTIFIED MALE: Can we?
N WRIGHT: Can we get something? Manslaughter?
[19:05:00]
You all see the difference. This is a Taser. This is a Taser. But no, my nephew was killed with this. A Glock.
(END VIDEO CLIP)
BROADDUS (voice-over): While Potter was in court, Wright's family and one of their attorneys was in church, using this pulpit to push for accountability.
(BEGIN VIDEO CLIP)
K WRIGHT: We're still going to bury our son. We're still never going to be able to see our baby boy that we're never going to have again. So when people say justice, I just shake my head.
BEN CRUMP, CIVIL RIGHTS ATTORNEY: So it's very difficult for this family to accept that this is an accident when you have a veteran who's been on the police force for 26 years.
(END VIDEO CLIP)
BROADDUS (voice-over): With protests continuing for fourth straight night, officials brought in new concrete barriers outside the Brooklyn Center Police station. The site of many protests.
(BEGIN VIDEO CLIP) CHIEF MATT LANGER, MINNESOTA STATE PATROL: We're thankful that
tonight, the tension, and the anxiety and distress seem to be lower even though emotions are still high.
(END VIDEO CLIP)
BROADDUS (voice-over): According to police, about 24 people were arrested. The majority don't live in Brooklyn Center.
(BEGIN VIDEO CLIP)
SHERIFF DAVID HUTCHINSON, HENNEPIN COUNTY: We will stop violence and criminal activity. We will not abandon the city and the citizens of Brooklyn Center.
(END VIDEO CLIP)
(END VIDEOTAPE)
BROADDUS (on camera): Meanwhile, many of the protesters here tonight say this barrier is a representation of keeping them away. They are trying to break down other barriers, invisible barriers and they want to push for equity and equality.
And tonight, they've also plastered a sign on the fence that says bring more charges against Kim Potter. And in bold black letters. It says murder charges. Next week, Daunte Wright's family will lay him to rest. The funeral will take place in Minneapolis at New Salem Missionary Baptist Church, Erin.
BURNETT: All right. Adrienne, thank you very much for your reporting.
And I want to go now to John Burris, a Criminal Defense and Civil Rights Attorney who represented Rodney King, along with Stephanie Rawlings-Blake, the former Mayor of Baltimore during the Freddie Gray case and a former defense attorney.
So John, you heard Adrienne's reporting there at the end when she's talking about what she's seeing there, that there is these signs bring more charges, murder. Is it likely that prosecutors will upgrade the charges from second-degree manslaughter like they did in the Derek Chauvin case or not, John?
JOHN BURRIS, CRIMINAL DEFENSE & CIVIL RIGHTS ATTORNEY: I doubt it largely because the statements that the officer made at the time clearly indicated that she intended to use a Taser. And as a consequence of that, that's the mental state that she had. And so for a prosecutor to evaluate her conduct, they have to look not only what she actually did, but what's the mental state at the point in time.
He had a mental state clearly suggesting that she wanted to use a Taser. To me that represents criminal negligence on her part, that we've seen that in the Oscar Grant case that I was involved in, same kind of situation. We charged the officer with murder in second- degree. But the jury found him with involuntary manslaughter and largely
because they were willing to accept that the officer made a mistake that it was not intentional. And so for the prosecutor in this case, they will have to come up with some kind of mental state that suggests that it was not negligence and that she intended to do what she did in terms of using the firearm.
Unfortunately, her statements belie that and suggest otherwise, so I would doubt that additional charges would be filed in this case. Even though I understand the human interest in it. It's still a real question of, what can you prove.
BURNETT: Right.
BURRIS: In this case it strikes me that the best they could prove is involuntary manslaughter including the evidence.
BURNETT: So Mayor Rawlings-Blake, is it possible we could see a plea deal in this case? And you've been there, obviously, a defense attorney but as Mayor of Baltimore. Would the community accept that?
STEPHANIE RAWLINGS-BLAKE, FORMER MAYOR OF BALTIMORE: I think it would be hard for the community to accept a plea deal without something else. I think they need to see from the Police Department, from the Mayor that there's going to be real changes in the way policing is done in Brooklyn Center.
There's no reason why a Taser is pulled or a gun is pulled for an air freshener or for an expired tag. There's just no reason. So they have to do more than just - the plea deal would have to be something substantial in order for the community to accept it.
BURNETT: So John, I want to play again something that Daunte Wright's aunt said today as she held up the two pictures. You saw it at Adrienne's piece, one was a Glock, one was a Taser. But let me just play this moment again for you.
(BEGIN VIDEO CLIP)
N WRIGHT: You all see the difference. This is a Taser.
[19:10:00]
This is a Taser. But no, my nephew was killed with this. A Glock.
(END VIDEO CLIP)
BURNETT: And John, the family's attorney, Ben Crump, we heard him say it's very difficult for the family to accept this as an accident when you have a veteran who's been on the police force for 26 years. They're emphasizing her experience on the force as a reason why they're unable to accept that this was accidental.
Now, you mentioned the case of Oscar Grant, which, of course, you were involved in the 22-year-old black man who was shot and killed by an officer at the Fruitvale BART Station in California. And you talk about the jury there willing to accept that the officer meant to fire his Taser.
When you look at this situation in what we saw, you talk about her state of mind. It was clear that she was talking about firing her Taser and meant to fire her Taser. How important will her experience be, 26-year experience be in proving otherwise?
BURRIS: Experience honestly count, the question is how much experience and she actually had in using that Taser. Not all officers have had that kind of experience. But at the end of the day, the relevant question are going to be regardless of her experience, what was her state of mind? What does she intend to do? And those questions will get asked.
She could have 26 years of experience and never having dealt with a Taser or she could have one year of experience. It doesn't really matter, if she made a mistake at that point in time. It's the mental state that she had. And at that point in time, she announced Taser, Taser, Taser which then creates the impression her mental state was to use out of a Taser.
I don't excuse her, I'm only saying that's what the facts look like. Now, I can see what the prosecutors will have. And I understand why the community is very, very upset about it because there is a huge difference between a Glock and that of a Taser.
BURNETT: Yes.
BURRIS: So I get it.
BURNETT: As the picture shows, Mayor Rawlings-Blake, let me ask you one thing, because you're saying the community needs more. They need to understand how - there'll be no situation in which it would justify using a Taser for air fresheners or expired tags or whichever it may have been.
But the officer did know, because they ran Daunte Wright's license, that there was an outstanding a warrant for a weapons charge. Will that help her at all in the eyes of the jury that perhaps that made her more afraid or more likely to reach for that, unfortunately, gun?
RAWLINGS-BLAKE: No, I don't think that that would matter. I mean, again, it's an outstanding warrant for a weapons charge when he does not have a weapon on him. They have his name, his address. They have the car that they know he's driving. These are things that if he were to drive away, they know where to get him. He was not - the level of threat does not read using (inaudible) ...
BURNETT: All right. Thank you both very much. And as I mentioned earlier, we also have developing story in Chicago tonight where video release shows an officer involved shooting of a 13-year-old boy, Adam Toledo. The young boy was killed last month after officers responded to a shots fired alert. They got shots fired alert. They go to the scene. They chased the teen.
Within seconds an officer opens fire when police say Toledo had a gun in his hand. Now, I want to warn viewers that the video we're about to show you is disturbing and difficult to watch. Ryan Young is OUTFRONT in Chicago covering this.
So Ryan, this video just coming to light. The Mayor and Toledo's family have called for calm in the wake of this shooting. Tell me what the situation is like on the ground there and what you know about what happened here?
RYAN YOUNG, CNN NATIONAL CORRESPONDENT: Well, there is a lot of tense emotions in the city. In fact, all around the city, they've already pre-positioned large pieces of equipment to make sure that if there is sort of any protest, they can protect structures because obviously last summer we had some very violent protests in the city.
At first it seemed like the city and the family had sort of a joint statement about what was going on. But since this video has been released, the family has been pretty fired up. They say they see something different than what cops said.
(BEGIN VIDEOTAPE)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Hey, show me your (inaudible) hands. Stop.
(END VIDEO CLIP)
YOUNG (voice-over): These few seconds have the city on edge tonight after officials released this body cam video of the shooting death of 13-year-old Adam Toledo by Chicago Police Officer. The video shows the officer yelling commands with the 13-year-old to stop running and show his hands.
We've slowed down the video to show you what Police tell us is a gun in the teen's hand. A few seconds later, the police shooting plays out.
Less than one second passes from the time the teen starts to turn and when the officer fires. Late Thursday, an attorney for the family disputed the reports that the teen had a gun in his hand when he was shot.
(BEGIN VIDEO CLIP)
ADEENA WEISS-ORTIZ, LAWYER FOR THE FAMILY OF ADAM TOLEDO: Good afternoon, everyone. This is why I want to be especially clear right now that that child complied. Adam complied with the officer's request. Dropped the gun, turned around. The officer saw his hands were up and pulled the trigger.
(END VIDEO CLIP)
YOUNG (voice-over): On March 29th, police responded to the location on the city's west side after ShotSpotter Technology alerted them to more than a half dozen gunshots.
[19:15:05]
Video released Thursday appears to show a male shooting toward a car. And a Chicago police officer arrives, a foot chase ensues.
(BEGIN VIDEO CLIP)
MAYOR LORI LIGHTFOOT (D-IL) CHICAGO: No parent should ever have a video broadcast widely of their child's last moments, much less be placed in a terrible situation of losing their child in the first place.
(END VIDEO CLIP)
YOUNG (voice-over): Ahead of the videos released Thursday afternoon by the Civilian Office of Police Accountability, an emotional Mayor Lori Lightfoot calling for the city to remain calm.
(BEGIN VIDEO CLIP)
LIGHTFOOT: Even as our understanding of this incident continues to evolve, this remains a complicated and nuanced story and we all must proceed with deep empathy and calm and importantly, peace.
(END VIDEO CLIP)
YOUNG (voice-over): And in a joint statement with the city, the boy's family also calling on the city to remain peaceful. In a statement released through their attorney saying, "The experience was extremely difficult and heartbreaking for everyone present and especially for Adam's family. Adam's memory can be best honored by refraining from violence and working constructively for reform."
(END VIDEOTAPE)
YOUNG (on camera): Erin, let's be clear here. The city of Chicago's Police Department has had a strained relationship with communities of color for years and this is going back and forth with the mistrust in the community for the police department. This is really tearing at that wound in this city because there are people who watch that video and don't believe that it lines up the way police say it does.
But when you look at how the police department presented, it said basically the officer had a split-second decision. He knew he was responding to a shots fired call. He saw that weapon in a young man's hand and felt like he had to fire. The other thing there is as soon as that shot was fired, he ran over to render aid.
But there are a lot of questions tonight about how this was handled. We'll see what happens in the next few hours in terms of whether or not there'll be large-scale protests or not.
BURNETT: All right. Thank you very much, Ryan.
And I want to go now to Isaiah McKinnon, former Detroit Police Chief and also the former Deputy Mayor of Detroit and John Burris is back with me.
Chief McKinnon, let me just start with you because, look, this is very disturbing video, but what's in it is obviously extremely important here. Officers were responding to an alert for shots fired. They show up on the scene and they encounter Adam Toledo, 13-year-old in a dark alley.
Now, police say he had a gun in his hand and there was a split-second decision. The family says Toledo dropped the gun and the police saw him do that and then shot him anyway. What do you see when you see the video?
ISAIAH MCKINNON, FORMER DETROIT POLICE CHIEF: I've viewed the video a number of times and it's troubling, but the reality is it shows you how difficult it is for anyone, in particular law enforcement officers, in those kinds of situations. I saw a gun and - let's go back, I saw the officer chasing this person and I heard him, he yells at the man to drop the gun. The person who dropped the gun and I saw him turn. That's a split second decision that has to be made by the officer and unfortunately it was not a wise thing to do, number one, to have a weapon. But number two, when you make those kinds of decisions to make those moves, the officer has a right to protect him or herself.
BURNETT: Right. And does it add up to you, Chief, when you look at - they say split second decision. I mean, literally you could be talking at such a split second here that a trigger could be being pulled before someone registered that a gun was being dropped. I mean, when you see this and then you see how the officer behaved afterwards, calling for help immediately, trying to get an ambulance. Does the police version of this add up to you, all-in? It sounds like it does.
MCKINNON: Yes. The follow up even by the officer was above and beyond. But let me tell you, I can recall a situation a number of years ago when I stopped a young man who had a weapon. And I told him to drop the gun. It was a toy gun. You don't know that? I didn't shoot the young man. But the fact is that I could have.
Now, I'm not trying to justify anything other than the fact that these are harrowing situations and split second decisions. And I listened to the officer, I listened to his partner, whomever it was with him, who were trying to save this young man after this situation. It doesn't make it better in terms of losing one's life.
But the reality is that this is one of those situations where we don't want to happen. But everyone wants to go home to their families.
[19:20:02]
BURNETT: Right. Right and you can understand it.
John, let me ask you. Police released an edited video of what happened as well with an arrow pointing to what they say is the gun in Adam Toledo's hand. The body camera from one of the officers also clearly shows a gun near Toledo's body after the shooting. But the lawyer for the family is - they're insisting that he didn't have a gun in his hand when he was shot. Let me just play what she said.
(BEGIN VIDEO CLIP) WEISS-ORTIZ: If he had a gun, he tossed it. The officer said show me
your hands. He complied. He turned around. If you're shooting an unarmed child with his hands in the air, it is an assassination.
(END VIDEO CLIP)
BURNETT: Look, that's a pretty - it's a pretty incredible thing to say. OK. So, when you look at that, John, and you see this, having been involved in defense cases, did this look like shooting an unarmed child like an assassination?
BURRIS: Well, it's a close question. I look at it something like this, I want to know about the police officer's tactics. Did you rush into a situation where you did not allow yourself to be in a position of cover, therefore you didn't have the real time that was necessary to assess the situation and then shoot or don't shoot? Here's a situation by putting himself in kind of that position.
He wasn't in a position to really properly assess whether the child was in fact dropping the weapon and turning around. That's the part that I see it as dangerous from the players point of view that they really shouldn't have chased this kid in the way that they did without making sure they had a position of cover so that the kid would be in a position to comply.
Here, whether he complied or not, he had no chance. And that's the part that I see is most devastating that the kid didn't have a chance. And if the other people say if he had a gun, he tossed the gun (inaudible) if the officer was in a position of safety, he could have observed that as opposed to exercising a split-second decision, if you will, on him because he perceived the kid was turning around. That's what I thought what's the real problem here that he didn't give himself an opportunity to assess the situation properly.
BURNETT: So Chief McKinnon, let me ask you about that. This is a dark alley at night, they get a call for shots fired. They show up, then chasing, it turns out it's a very young boy. Officer turns around - the boy turns around, officer yells him to stop. The whole thing goes down so quickly. Tell me what goes through an officer's mind during a situation like this?
MCKINNON: This is one of those situations that we talked about and discuss for some time. I've chased people. I've been shot at eight times. Thank God they missed. But the reality is, it's a split-second decision and you as a law enforcement officer who was trained to make those kinds of split second decisions and not use a term like an assassination. No, no, no.
Look, law enforcement officer - as a law enforcement officer, you're there to serve and protect, not to assassinate and I don't think that's the case here. I mean, with all of the things that I've been involved in throughout the years, I don't use that term when there's this kind of a situation that occurred. It was an officer chasing someone who had a gun and he asked or told the person to drop the gun and the person may made a turn towards him with a gun and I think we can see that. I can see it. But he didn't toss a gun, based upon what I saw and what other people
will see. That's unfortunate that this decision was made to have a gun, first of all, but number two, to get into a chase with an officer who use fatal force.
BURNETT: All right. I appreciate both of you very much. Thank you very much, John, Chief McKinnon. Thank you.
BURRIS: Thank you.
MCKINNON: Thank you.
BURRIS: Take care.
BURNETT: And next, security preps underway across the country in anticipation of the verdict in the trial of Officer Derek Chauvin who killed George Floyd. And a nasty war of words today between Congressman Jim Jordan and Dr. Anthony Fauci.
(BEGIN VIDEO CLIP)
DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: You're making this a personal thing and it isn't.
REP. JIM JORDAN (R-OH): It's not a personal thing.
FAUCI: You are. That is exactly what you're doing.
(END VIDEO CLIP)
BURNETT: Who had the last word?
(COMMERCIAL BREAK)
[19:27:55]
BURNETT: Tonight, police agencies across the country are preparing for a possible unrest with a potential verdict just days away in Derek Chauvin's murder. These are live pictures out of Brooklyn Center right now too where Daunte Wright was shot and killed and that's just 10 miles away from Derek Chauvin's trial is taking place.
And as I said that verdict is just days away, possibly. Razor wire has been installed around all five police precincts in Minneapolis. The D.C. Metropolitan Police Department will be fully activated starting Monday. The Mayor of New York City saying they're having constant conversations to prepare.
Omar Jimenez is OUTFRONT. And Omar, emotions are high in Minneapolis where you are and, of course, across the country as we near the end of this trial.
OMAR JIMENEZ, CNN CORRESPONDENT: That's right, Erin. I mean, to put it simply, this is a very tense Minneapolis area when you look at what's happening with Daunte Wright but, of course, as the Chauvin trial begins to wrap up as well. We're outside the Brooklyn Center Police Department right now for a
fifth night of demonstrations out here as, again, passions are still high for people want their presence to be known in the name of Daunte Wright.
But, of course, just miles away, the Chauvin trial today, both the defense and the prosecution rested their cases. And while we heard some testimony over the course of today, what we did learn is that jurors would never get the chance to hear from Derek Chauvin and to hear him testify in defense of his own case because earlier in the day today, he officially pleaded the Fifth Amendment.
What we did here today outside of Chauvin was the return of a familiar face, Dr. Martin Tobin, that pulmonologist that initially testified for the prosecution. He was brought back as a rebuttal to the suggestions that came up during testimony yesterday that cause of George Boyd's death could have been related to carbon monoxide. And specifically, he pointed to a blood oxygen saturation report and said George Floyd's levels were at 98 percent when he died and here's how that played out or translated for jurors in the courtroom today.
[19:30:00]
(BEGIN VIDEO CLIP)
JERRY BLACKWELL, PROSECUTING ATTORNEY: Does not tell us anything whatsoever about what the carbon monoxide content could have been at a maximum?
DR. MARTIN TOBIN, PULMONOLOGIST, EXPERT WITNESS: Yes, it does. It tells us that if the hemoglobin is saturated at 98 percent, it tells all there was for everything else is 2 percent. And so, the maximum amount of carbon monoxide would be 2 percent.
(END VIDEO CLIP)
JIMENEZ: And what's interesting about that exchange, Erin, is that we were actually a few words away from a mistrial in this. Even after coming all this way because there is a separate report about a blood gas level that the defense did not know about. It was only disclosed to them last minute, last night. Their expert witness had already left town and the judge was very angry about it today saying if that witness brought up that new blood gas report at all over the course of questioning today, he would have declared a mistrial.
So, the questions was very precise. It didn't happen.
And now closing statements are set for Monday. And then, of course, that moment, the preparation of the moment of the verdict that will come later after that and the runoff to what has been again a very tense time in the Minneapolis area for almost a year now.
BURNETT: All right. Omar, thank you very much.
I want to go now to Tony Romanucci, attorney for the Floyd family and also for the family of Dante Wright. So, Tony, you know, Omar laying out the drama that went to court today
prosecutors got new evidence from the medical examiner last night showing George Floyd's carbon monoxide levels were normal and judge refused to show it to the jury. They didn't bring it up last week when the medical examiner testified, making this so close to a mistrial.
But does it concern you that the prosecution could miss something like this, that could raise doubt?
ANTONIO ROMANUCCI, ATTORNEY FOR THE FAMIIES OF GEORGE FLOYD AND DAUNTE WRIGHT: I really don't think the prosecution missed something. They may have missed an opportunity, but I don't think that they missed anything that the journey has -- jury has not captured.
Really what the defense has been trying to do with this whole case is really negate the obvious. The default story hair remains the video, common sense. Kneeling for 9 minutes on someone's neck.
So, this issue about the carbon monoxide, I really think is a sideshow, Erin, and with the testimony today of 98 percent saturation in the hemoglobin with only the possibility of 2 percent carbon monoxide, I think they closed the door on that issue.
BURNETT: So, we also heard today from Derek Chauvin for the first time speaking in court today. He declined to testify in his defense. Here's that moment.
(BEGIN VIDEO CLIP)
ERIC NELSON, DEFENSE ATTORNEY: I have advised you and we have gone back back-and-forth on the manner, would be kind of an under statement, right?
DEREK CHAUVIN, DEFENDANT: Yes, it is.
NELSON: And have you made a decision today whether you intend to testify or whether you intend to invoke your Fifth Amendment privilege?
CHAUVIN: I will invoke my Fifth Amendment privilege today.
(END VIDEO CLIP)
BURNETT: Tony, interesting how they've gone back and forth and it's landed like Derek Chauvin wanted to tell his side of the story, but to me it sounded like he acted on his attorney's thoughts, that it was not a good thing to do. Would you have liked to see him take the stand?
ROMANUCCI: Well, I think we have to play two sides of the coin here. Would I would have loved to have heard what he said? Yes. Should he have taken the stand?
I think any attorney would have told him do not take the stand, because I would have been licking my chops at that cross-examination. I would have kept him on that stand for hours going through that video, second by second, asking him, did you relieve the pressure off of his neck at this moment? What about the next moment? Did you hear him say I cannot breathe?
So, it was way too much risk to put him on the stand.
BURNETT: So, tonight, we are now bracing for fifth night of protests in Minneapolis. The Chauvin trial colliding with the death of Daunte Wright.
And, obviously, you are representing the Wright family as well. Razor wire has been installed in all five police precincts in Minneapolis St. Paul, and it's not just there, the D.C. Police Department has mobilized officers starting Monday, taking away time off. New York, Atlanta, Chicago, also preparing.
What is the Floyd family's message to anybody who wants to go to the street and protest? No matter what the verdict is?
ROMANUCCI: Well, first of all, I mean the Floyd family is not stopping anybody from protesting.
BURNETT: Yeah.
ROMANUCCI: They do want peaceful protesting. They have said once, they've said it forever, justice for George, justice for all.
And so, now, we have to worry about justice for Daunte Wright, justice for Adam Toledo.
[19:35:01]
I'm in Chicago. We have to brace for that tonight. Hopefully, it'll be peaceful here, too.
You know, we are talking -- this nation is only talking about policing. We need to look at this concept. We need to look at this issue, and really get serious about reform.
But in the meantime, it is totally permissible to be out in those streets exercising your First Amendment rights and freedom of speech.
BURNETT: All right. I appreciate your time, Tony. Thank you.
ROMANUCCI: Thank you, Erin.
BURNETT: And next, Congressman Jim Jordan rips into Dr. Anthony Fauci and Maxine Waters would have none of it.
(BEGIN VIDEO CLIP)
REP. MAXINE WATERS (D-CA): You need to respect the chair and shut your mouth.
(END VIDEO CLIP)
BURNETT: And Biden lowering the boom on Russia. Serious new sanctions just unveiled today.
(BEGIN VIDEO CLIP)
JOSEPH R. BIDEN, PRESIDENT OF THE UNITED STATES: We can't allow foreign policy interfering in our democratic process with impunity.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
[19:40:25]
BURNETT: New tonight, quote, shut your mouth, end quote.
Democratic Congresswoman Maxine Waters sending that message to GOP Congressman Jim Jordan after his heated and lengthy exchange with Dr. Fauci today about restrictions to fight the coronavirus pandemic.
(BEGIN VIDEO CLIP)
REP. JIM JORDAN (R-OH): In your written statement you say, now is not the time to pull back on masking, physical distancing and avoiding congregate sittings. When is the time? When do Americans get their freedoms back? Can you put your microphone on please?
DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES: When we get the level of infection in this country low enough that it is not a really high --
JORDAN: What is low enough? Give me a number. I mean, we had 15 days to slow the spread who turned into a young a whole year of lost liberty. Are we just going to continue this forever? When does -- when this -- when do we get to the point -- when measure, what standard, what objective outcome do we have to reach before -- before Americans get their liberty and freedoms back?
FAUCI: You know, you're indicating liberty and freedom. I look at it as a public health measure to prevent people from dying and going to the hospital.
JORDAN: You don't think Americans liberties have been threatened in the last year, Dr. Fauci. They have been assaulted. Their liberties have.
FAUCI: I don't look at this as a liberty thing, Congressman Jordan.
JORDAN: Well, that's obvious.
FAUCI: I look at it as a public health thing.
JORDAN: But --
FAUCI: I disagree with you.
JORDAN: You think the Constitution is suspended during -- during a virus, during a pandemic? It's certainly not. FAUCI: This will end for sure when we get the level of infection very
low. It is now at such a high level, there is a threat again of major surge --
JORDAN: Dr. Fauci, Dr. Fauci, over the last year, Americans' First Amendment rights have been completely attacked -- your right to go to church, your to assemble, your right to petition your government. Freedom of the press. Freedom of speech have all been assaulted. Certainly freedom of speech.
I mean, freedom -- the governor of our third largest states meets with physicians and that video is censored, because they dared to disagree with Dr. Fauci? So I just want to know, when do Americans get their First Amendment liberties back?
FAUCI: I don't think anything -- because they felt they could not disagree with me. I think your -- you are making this a personal thing, and it isn't.
JORDAN: It's not a personal thing.
FAUCI: No, you are. That is exactly what you're doing.
JORDAN: When it comes down what number do we get our liberties back? Tell me the number. Tell me the number.
REP. JIM CLYBURN: When 90 percent of the members of Congress get vaccinated.
JORDAN: But you're not a doctor, Mr. Clyburn. He is. What is the number?
FAUCI: I can't give --
UNIDENTIFIED FEMALE: Thank you for recognizing me, Mr. Clyburn.
CLYBURN: The chair now recognizes the --
(CROSSTALK)
JORDAN: I would like my question answered!
UNIDENTIFIED FEMALE: Reclaiming my time. Reclaiming my time.
WATERS: Regular order. Regular order.
CLYBURN: Just a moment.
JORDAN: Mr. Chairman, I don't want you to answer my question. The American people want Dr. Fauci to answer the question.
What does it have to be --
CLYBURN: Well --
UNIDENTIFIED FEMALE: Your time is expired, sir. WATERS: You need to respect the chair and shut your mouth.
(END VIDEO CLIP)
BURNETT: I mean it's an incredible moment that that occurred. I just, of course, have to state the obvious here -- Dr. Fauci never said he believes the Constitution should be suspended.
OUTFRONT now, Matthew Dowd who is the chief strategist for the Bush- Cheney '04 presidential campaign.
Matthew, look, this is -- this is far from the first time we've seen Republicans trying to beat up on Dr. Fauci, right? They love this. They want these moments, right?
We saw from Jim Jordan today, what we saw from Rand Paul not long ago. And that is how it has been.
Why is the GOP so obsessed with going after Dr. Fauci?
MATTHEW DOWD, CHIEF STRATEGIST, BUSH-CHENEY '04 PRESIDENTIAL CAMPAIGN: Well, Erin, I think this is fundamentally about the attack on science and data. If it does not agree for many of the GOP's perspectives of science, data, knowledge, information does not agree with their basically their emotional stand, then they want to ignore it and I think that is the problem that Dr. Fauci has here, because Dr. Fauci is trying to take a rational approach against people who have an emotional place in this.
And the idea that this is about liberty and freedom, that somehow wearing masks, I would ask Jim Jordan, does he wear a seatbelt? Did he get its kids vaccinated when they went to school? All of these things have nothing to do with liberty or freedom.
But that's where we are when we have reason and rationality on one side and an emotional reaction and ideology on the other.
BURNETT: So, you know, you mentioned masks. Jim Jordan obviously usually does not wear his but he did today and I noticed and putting it up over his nose in the middle of part of his rant.
However, Republican Senator Ted Cruz stopped wearing a mask as he goes to the halls of the Capitol or on the Senate floor, right?
[19:45:04]
You won't wear one anymore. This is a photo that our Manu Raju took earlier today.
And then here's Cruz defending his decision to ditch his mask to CNN.
(BEGIN AUDIO CLIP)
SEN. TED CRUZ (R-TX): At this point, I've been vaccinated. Everybody working in the Senate has been vaccinated.
(END VIDEO CLIP)
BURNETT: Matthew, just to state the obvious, of course, many staff members, and reporters in the Capitol, have not been vaccinated. It comes the same day that Pfizer says, now, people will likely need a booster shot between 6, and 12 months after vaccination, plus more boosters after that, right? I mean, that's very unsettling.
There is a lot we don't know, which is why the CDC says the fully vaccinate people should still wear masks. What is your reaction to Senator Cruz decision? In anyways, his decision is so blatantly flaunted?
DOWD: Well, you know, the other added part of this, Erin, is that vaccines aren't 100 percent effective. So, even if you have a vaccine, or others have a vaccine, some people, and some percentage of cases, there is what we know we have to rely on to get a certain level of vaccines. There is a certain percentage that will still slough off the virus, or can still contract the virus and this.
I think Ted Cruz along -- we're just talking about Jim Jordan, it's a complete example where they don't want to lead at this moment. They either repeat a lie, and tell their constituents ally, and then their constituents repeat the lie back to them, and then say they are representing their constituents, as opposed to leading.
I would tell Ted Cruz this. Granted all the things I just said, there is no guarantee on vaccines 100 percent, but doesn't he take it as an obligation to show people correct behavior? It's not just about him. It's not just about his staff.
It's not just about a friend of his. It's about him as a United States senator, showing leadership to the country, and encouraging people to do right behavior so we get out of this pandemic.
BURNETT: Well, I mean, you know, look, this is a guy, who when he was cold, and didn't have water in the Texas crisis you went through, he went to Cancun. You can see what he thinks of first.
Let's ask you one thing before you go, Matthew, about Republican Congressman Matt Gaetz. The House Minority Leader Kevin McCarthy today, you know, punted on whether anything should happen to Gaetz. Noting that no charges have been filed yet, which is true.
But what do you make of so many Republicans, basically, twisting themselves into pretzels to avoid defending him, or calling for any action? I should just note, regardless of charges being put out there, what is alleged to have happened, it would've been shown here through all of his texts, is unacceptable behavior for an elected member of Congress.
DOWD: Well, they had four years of twisting massage into pretzels, really, to Donald Trump, and everything related to Donald Trump. If Barack Obama had done one 10th, or one 100 of what Donald Trump did, they would be all over it. And, you know, Donald Trump has 20-plus women who have accused him of sexual abuse, or sexual assault, and they twisted themselves into pretzels. So, they're one big bag of pretzels.
So Matt Gaetz, it doesn't surprise me at all, they are in this position today because for them, the ends justify the means. So, if somebody doesn't have integrity but is doing what they want, if someone is trying to push some stand on an issue, even though the private life might be a complete mess, or even their public life might be a complete mess, Donald Trump was our standard, and if they didn't fall Donald Trump in the midst of this, I don't see them faulting the congressman from Florida who has just as many problems as former President Trump.
BURNETT: OK. All right. Matthew Dowd, thank you very much as always for your perspective.
And next, President Biden slams Russia with new sanctions as his administration presents new evidence of what the Russian intel got from the Trump campaign.
And Capitol Police Officer William Evans killed in the line of duty, buried today next to his father in his hometown.
(COMMERCIAL BREAK)
[19:52:53]
BURNETT: Tonight, a Russian intelligence operative, who's given internal 2016 campaign polling data by top aides to Donald Trump went on to share that information, with Russia's intelligence services. The Biden administration is disclosing this, for the first time, as they today announced new sanctions against Russians over their interference in U.S. elections, over the SolarWinds cyberattack, and of course, over the ongoing occupation of Crimea.
Biden, warning Russia, the further meddling would have consequences.
(BEGIN VIDEO CLIP)
BIODEN: We cannot allow a foreign power to interfere in our democratic process with impunity. If Russia continues to interfere with our democracy, I'm prepared to take further actions to respond.
(END VIDEO CLIP)
BURNETT: Evan Perez is OUTFRONT.
And, Evan, I mean, let's take a step back here. In the context of all of this coverage of what happened, with Russia, the Trump campaign. This is a remarkable revelation that a Russian operative got internal data, from top Trump campaign aides, a Russian operative, and gave that to the Kremlin. What more are you learning about this?
EVAN PEREZ, CNN SENIOR JUSTICE CORRESPONDENT: I really, it makes you want to reassess the entire Russia collusion thing that the Trump campaign, President Trump, Bill Barr, in this building here all said never happened, Erin. If you look at what this new revelation from the Treasury Department is, Konstantin Kilimnik, according to the U.S. government now, got this polling data that came, originally, from Paul Manafort.
This is something that Paul Manafort, and Rick Gates, as partner. They were in business with Konstantin, in the Ukraine. And the FBI, later, determined that Kilimnik was very closely tied to the Russian intelligence services. What this revelation tells us is that it's sort of connects, right?
The final part of this puzzle, which is that, we know, Manafort, and Gaetz, provided this polling data. Internal polling data, from the Trump campaign, to Kilimnik. And now, we know that it ended up from Kilimnik, into the hands of the Russian intelligence services.
So, look, again, one of the things that the former president said is that this never happened, that there was never any kind of connection between his campaign, and the Russians.
[19:55:07]
And now, according to the intelligence services, the U.S. intelligence services, yes there was.
BURNETT: Yeah, yeah, as you said, this closes that crucial gap that it got from Konstantin to the Russian intelligence services.
So the Biden administration, adding the sanctions now, Evan. They say they're going to cause real pain. How severe are they really?
PEREZ: Well, we know that it's going to cut off the U.S. financial firms from trading in Russian bonds, directly from the Russian government. They could've gone a lot further. Erin, this could have been a lot worse. They could have, for example, cut off all access to U.S. dollar financial access, and so, that would've been much more severe. They didn't go that far.
BURNETT: All right. Evan, thank you very much.
And next, a final farewell to a Capitol police officer, killed in the line of duty.
(COMMERCIAL BREAK)
BURNETT: Capitol Hill Police Officer William "Billy" Evans was laid to rest today following his funeral in Massachusetts. He was buried next to his father. His casket made its way from Washington where he was honored at the Capitol and while on the trip, his casket was escorted by fellow law enforcement officers paying their respects.
Officer Evans was killed in line of duty on April 2nd. The driver slammed into him well crashing into a barricade at the U.S. Capitol complex, 41-year-old was a husband, a father of two young children. You see their grieving.
Our sincerest condolences to them, to his wife and to the Evans family.
Thanks to all of you for being with us. Anderson starts now.
