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CNN NEWSROOM

Where Boston Marathon Bombing Case Stands; George Zimmerman Trial Begins.

Aired May 28, 2013 - 11:30   ET

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


ASHLEIGH BANFIELD, CNN ANCHOR: They need it the least, as if anyone needs it, but they need it the least. Thank you. As Chad mentioned, very important to remember the 1:00 eastern hour, the people who actually braved that vehicle, the storm chasers who just got inside the eye of a tornado with their big Darth Vader-like vehicle. They're going to talk to us what it was like and whether they would do it again.

Just ahead, we're going to take you back to Boston. The marathon bombings, we'll see where this case stands and where the story stands and if, if there's a possibility anyone else was involved.

(COMMERCIAL BREAK)

BANFIELD: For a group of Boston Marathon runners, this Memorial Day weekend was extra special because they got to finish that race that was so tragically disrupted by the deadly bombings last month. And they did it in a spectacular way in front of a lot of people at the Indianapolis Motor Speedway. It's a group of 35. They ran from turn four to the finish line just before the start of the Indy 500 race. The other survivors of the attack that killed three people and wounded 275 are making good recoveries too from their wounds. Two of the survivors, brothers, who both lost a leg, each lost a leg in the bombings, on Saturday, they were honored at a Bruins playoff hockey game. Great to see that. Flags flying all throughout the stands too. They are among those speaking out about their recovery.

(BEGIN VIDEO CLIP)

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Those are tiny bits of metal that are still in your fingers.

UNIDENTIFIED FEMALE: Yeah.

PAUL NORDEN, BOSTON MARATHON BOMBING VICTIM: Last week, I had a B.B. come out right here.

CARROLL: So this was a B.B.?

NORDEN: Yes. And then you can see this one is trying to force its way out. This one in my elbow is starting to force its way out.

(END VIDEO CLIP)

BANFIELD: Amazing. The shrapnel is just making its way out of the victims.

Things have returned pretty much to normal along Boylston Street in downtown Boston where the twin bombings went off near the finish line of the marathon. There are two big questions that remain paramount in the investigation, which is ongoing, even though you may not hear the headlines. Number one, Katherine Russell, is she going to be charged with anything? This widow of Tamerlan Tsarnaev, the bombing suspect who was killed in the gun battle with the police, so what's her update? And also what more do we know about what it was that launched Tamerlan Tsarnaev and his younger brother, Dzhokhar, with such a destructive path that ultimately resulted in these bombings.

Jason Carroll is covering the case. We're not going to let this go. He joins me live now from Boston.

Let's start with question one, and that is Katherine. She's not been in the headlines, but that doesn't mean she isn't meeting often and early with investigators.

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Absolutely. And I spoke to her attorney who made it very clear that she continues to cooperate with investigators, but I have to tell you based on what he's telling me, that may be taking its toll on her. The questioning is ongoing and it's frequent. He told me that she understands why the government wants to question her and why the government wants information, even information that she may not think is important but may be important to them.

So why the questioning continues. One of the things he said is it's been very difficult for her. She's trying to bring up a baby without a husband. She realizes the magnitude of what's happened and it's beginning to take its toll. At this point, she continues to cooperate. The question we keep getting is there any possibility that she might be charged with something and at this point it's unclear.

BANFIELD: It's been a long time now, five weeks, so we'll keep watching that one. In the meantime, I know there's a lot going on that we're not being told about. Especially over in Dagestan. Investigators went there. A lot of people are still trying to figure out if there was that connection, if there are other radicals involved in this, if there's a larger conspiracy that we need to be concerned about. But what do we know about what ultimately drove Tamerlan Tsarnaev and allegedly his brother Dzhokhar Tsarnaev to just completely snap from reality and do this? Everyone said they were fairly normal people.

CARROLL: Let's start from the beginning on that. At this point, investigators are still telling us they believe these brothers acted as so so-called lone wolves. In other words, they came up with this idea to detonate these bombs at the marathon on their own. Investigators are trying to determine did they get any help at all along the way in terms of just learning how to create those bombs. And we do know that the older brother, Tamerlan Tsarnaev, did spend six months last year in Dagestan in an area that is heavily infiltrated with Muslim extremists. In fact, he attended a mosque that was also attended by another young man, Nusurd (ph) Nadal. That's a key figure because Nadal was heavily infiltrated in the militant community. He eventually joined a militant group and was killed by Russian forces. What investigators are trying to determine is did Tsarnaev and Nadal have a connection? Did they meet at this mosque? Remember, Tamerlan Tsarnaev would have stuck out like a sore thumb. He would have looked like a Westerner. He would have attracted attention. Did he attract Nadal? Did they have a connection? Did he introduce him to others in the community? These are things that investigators are trying to determine as they put together their case.

BANFIELD: I want to have a quick peek behind you. I'm looking at the people on Boylston Street and at the memorial behind you. There's as much material being left behind, remembrances, fresh flowers behind you, that hasn't waned, has it?

CARROLL: It really hasn't. You were out here. You were here at this scene at this memorial. What's interesting to see some of the things that have changed and have not changed. Boylston Street when we were out there yesterday, it's amazing to see the people coming out to the street. What has not changed is the memorial. You still see cards coming in, letters coming in and that's going to be good news to some of the victims like the mothers we talked to. Some who are struggling financially.

BANFIELD: It's nice to see the fresh flowers as well.

Jason, nice to see you. Thank you for the update. It's good to keep on tab on that story. Good stuff.

Jason Carroll reporting live.

Want to take you back to the lead story. George Zimmerman going on trial in a couple weeks for the killing of Trayvon Martin. Just within the hour, wrapping up hearings, fast-and-furious hearings. Attorneys battling it out. It didn't take long to realize this could be a huge battle ahead for George Zimmerman. An update, next.

(COMMERCIAL BREAK)

BANFIELD: Want to take you back to Sanford, Florida, now. A big battle ahead for George Zimmerman. His attorneys just got out of court a couple minutes ago. The judge has denied a lot of the requests they were making this morning. A big one, of course, the delay they wanted in the trial. They wanted six more weeks to prepare and get discovery because they were worried they weren't getting discovery in a timely fashion. Before that, though, there will be a few more hearings. One is Friday afternoon. It's about whether the media is going to be able to shoot video or photos of the jury. That's a tough question.

Just minutes ago, the lawyer for Trayvon Martin's family had a chance to speak to the media assembled outside of the courtroom. Benjamin Crump was speaking.

(BEGIN VIDEO CLIP) BENJAMIN CRUMP, TRAYVON MARTIN FAMILY'S ATTORNEY: Trayvon Martin did not have a gun. Trayvon Martin did not get out of the car to chase anybody. Trayvon Martin did not shoot and kill anybody. Trayvon Martin is not on trial.

The judge went through about 22 motions that she denied primarily based on all that information that the defense lawyers put out. You all called it evidence. We told you it was not evidence. It was information that the defense lawyers put out. We have to respect the rule of law. We have to respect the rules of evidence. We have to be responsible, all of us. When people put something out there, we have to challenge it. We just can't accept it. This is a relevant issue. None of the information released last week by the defense lawyers were relevant.

(END VIDEO CLIP)

BANFIELD: So that was the attorney for the family of Trayvon Martin.

We're turning tape as fast as we can because there were a couple simultaneous press conferences and another was by Robert Zimmerman, who is George Zimmerman's brother. I'm going to paraphrase a couple things. He spoke about the rule of law. We're not a wealthy family. We have been joined by many people who believe in the rule of law. We assure you, your trust in George is well placed. I'm calling on the state of Florida to withdraw the charge of second-degree murder. George was viciously attacked by a nose-breaking attack. It is now high time to withdraw this improper charge. These are the words from George Zimmerman's brother just outside of the courthouse.

I want to bring in, again, defense attorney, Danny Cevallos, former prosecutor, Monica Lindstrom as well.

Danny, just for starters, there's not going to be a continuous. The defense was worried they made a charge that the prosecution wasn't turning over discovery in a timely fashion, which means they don't feel they could prepare for the start of trial just around the bend. Does that mean you just get what you get? You don't get upset.

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY: When it comes to asking for continuances, you like to think a court is going to grant it. It doesn't seem like this case has been around all that long. It is a murder case. I was surprised that the judge doesn't grant that motion for a continuance. However, once you find out the judge has ruled the way she has, it means you have a lot less time to go forward to trial. This happens all the time in a trial calendar. Things move around and get moved up. You have to be a good improvist and put your nose to the grindstone.

(CROSSTALK)

BANFIELD: But it's not an appellate issue, is it? It's not an appellate issue?

CEVALLOS: It should be an appellate issue. It's something that later on could really go to the effective assistance of counsel whether or not counsel was able to prepare for trial. The other issue is what we call a Brady Giglio issue whether they turned over evidence in a timely manner.

BANFIELD: Monica, no gag order. This was something that the prosecutors were rather concerned about. They had stated that the defense attorneys for George Zimmerman were putting a lot of material out there once discovery got to their desks they were releasing it to the media. As a defense attorney if you go through some of the motions you were denied today, a lot of the material from the cell phone they can't use that maybe show him to be not as innocent as the media has depicted him to be. If you can't do that at trial, does that mean you do it now because there's no gag order? You get it out to the jury pool, so they see it.

MONICA LINDSTROM, CRIMINAL DEFENSE ATTORNEY: You know, Ashleigh, it really depends on the ethical rules. Each jurisdiction has ethical rules that the attorneys have to follow. Some jurisdictions allow the defense attorneys in criminal cases to go out there and basically put out that character information and anything else as long as it's not in violation of a court order. Other jurisdictions say, no, you can only say things that will protect your client in the eyes of the jury pool. You can't just put anything out there. So depending on what ethical rules they are bound by, they might have to walk a very fine line.

Something else that you need to think about is, even though the judge said that some of these things won't be coming in, basically saying this character evidence of Trayvon Martin, what he was like, did he have gold teeth or not, what did his text messages saying, something about the marijuana. Whether these things come into trial or not, right now she's said no. But America, remember, if the prosecution opens the door to some of those issues, the judge will likely allow the defense to bring those issues in. But he --

(CROSSTALK)

BANFIELD: That happens a lot.

LINDSTROM: Yes, it does.

BANFIELD: I see those mistakes made all the time. A big door and the wind comes rushing through.

Hold that thought for a minute. I have to squeeze in a quick break, but we're back right after this.

(COMMERCIAL BREAK)

BANFIELD: Right back to Florida where our stories have been breaking over the hearings this morning in the George Zimmerman second-degree murder case. It was a busy morning, I can't bring them all to you.

HLN legal correspondent, Jean Casarez, was in court for all of them. She's an attorney and understands better than anyone.

Break it down for me. You don't have to go list by list, but break down in essence what you saw transpire in the courtroom, Kean.

JEAN CASAREZ, HLN LEGAL CORRESPONDENT: I saw motion after motion be granted for the prosecution or denied for the defense. This was clearly a day of wins for the prosecution. And I think the point of this judge is that this is not going to be a trial where Trayvon Martin is on trial in his character is assuaged in court. The judge can defer rulings, he can say you're not going to mention drug use in the opening statement, you're not going to mention that marijuana was found in his system or mention he was suspend Ford school and that's why he was in Sanford, Florida. This judge made ruling after ruling. The only door she opened, Ashleigh, in regard to any of that, is in regard to fighting. If the defense can show foundation, and it is not hearsay, some aspects of fighting or propensity to fight could come into the trial on the part of Trayvon Martin.

BANFIELD: So if there's additional evidence coming into discovery which they don't know about yet, maybe that could lead them, I'll give you last 10 seconds on this, Jean.

CASAREZ: Right. I mean, trial is very fluid. You never know what is going to come in. The defense will continue to renew their motions. You can be assured but today, a day of wins for the defense. The trial could have been shortened quite a bit because of the rulings the judge made today.

BANFIELD: Jean Casarez, excellent work. I know you had to make a lot of notes because it came at you quickly. Motions were faster than I've seen in a long time.

Jean Casarez reporting live.

Thank you all.

(COMMERCIAL BREAK)

BANFIELD: We like to bring you the good news, too. Take a look at that. The stock market is -- that's cruising. It's up about 170 points on the Dow right now. Great housing news today as well. Let's cross our fingers for the rest of the week, shall we? Heck, for the rest of the day.

Thanks for watching us today. Nice to have you with us. AROUND THE WORLD starts right after this break.

(COMMERCIAL BREAK)

SUZANNE MALVEAUX, CNN ANCHOR: A cruise ship fire forces passengers to return home. They're being flown back to Baltimore from the Bahamas. We're live from the airport in just a couple of minutes.

MICHAEL HOLMES, CNN ANCHOR: Missed warning signs. The lead suspect in the killing of a British soldier was deported earlier from Kenya. CNN follows his trail from the border of Kenya and Somalia where al Qaeda-linked groups thrive.