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CNN NEWSROOM

Ferguson Police to Name Officer Who Shot Michael Brown; Peaceful Protests in Ferguson Last Night

Aired August 15, 2014 - 09:00   ET

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


CAROL COSTELLO, CNN ANCHOR: Have a great weekend. Thank you so much. NEWSROOM starts now.

ANNOUNCER: This is CNN breaking news.

COSTELLO: And good morning to you. I'm Carol Costello. Thank you so much for joining me.

What a difference a day makes. We start this hour in Ferguson, Missouri, where sources tell us that after days of withholding information, the Ferguson Police Department will publicly name the officer who shot unarmed teenager Michael Brown. As you can see, they're setting up for a press conference right now. When the police chief takes to the mics, of course, we'll have that announcement as soon as it happens.

But here's what we do know about that officer right now. He is a six- year veteran of the Ferguson Police Department, he has no history of disciplinary action, and he is from the St. Louis area. In the meantime, this was the scene in Ferguson last night -- thousands gathered in the streets spreading their message peacefully with very little signs of police presence. The difference is this man, Missouri State Highway Patrol Captain Ron Johnson.

(BEGIN VIDEO CLIP)

(CHEERING)

UNIDENTIFIED MALE: Thank you!

COSTELLO (voice-over): Johnson, a native son to Ferguson, took to the streets alongside demonstrators just a few hours after he was put in charge yesterday, when Missouri's governor stripped local police of power. Johnson ushered in a distinct change in tone.

CAPT. RON JOHNSON, MISSOURI STATE HIGHWAY PATROL: This is my community. I walk down here, saw people from my church, people I went to school with, and people that I feel are a part of this. Michael Brown's parents, I can't imagine losing a son. And my heart goes out to them. And I guarantee that everyone here will have a chance to speak their mind; they can stay as long as they want. The only thing that I ask we keep our streets clear. If you want to stand on the sidewalk, you want to stand in this lot, you can stay as long as you want. (END VIDEO CLIP)

COSTELLO (on camera): We are covering all angles of this story this morning, with CNN's vast resources. We start with Ana Cabrera, she's at the scene of the burned out QuikTrip in Ferguson where this news conference is about to take place.

Ana, why did the police decide to release this officer's name now?

ANA CABREREA, CNN CORRESPONDENT: They feel now is the time. They want to show good faith that they are trying to be transparent, and they feel that his safety is no longer in jeopardy, at least not as much as it had been in the past few days.

This all coming on the heels of a night of calm. You can see the press conference about to start behind me. Again, we will bring that to you as soon as we start to hear from the police chief of the Ferguson Police Department.

But let's take a look back over the past 24 hours, where we saw a huge shift in this storyline -- finally, peaceful protests, protesters telling us they feel like their voices are being heard now, and they have hope for the first time in almost a week that justice will be served.

(BEGIN VIDEOTAPE)

(CHANTING)

CABRERA (voice-over): Calls for justice, peace, and answers. Anger and frustrations ravaging this community for days, finally calming after nearly a week of unrest following the fatal shooting of unarmed teenager Michael Brown.

UNIDENTIFIED MALE: Hands up!

CROWD: Don't shoot!

CABRERA: Control over Ferguson's security now the responsibility of Missouri state troopers.

REPORTER: There it comes. They're firing on to the crowd.

CABRERA: After chaos broke out Wednesday night, police firing tear gas, smoke bombs and rubber bullets into the crowd.

UNIDENTIFIED FEMALE: Don't do it!

CABRERA: Overnight, no riot gear, no armored vehicles, no machine guns. Leading the charge is Ferguson local, Captain Ron Johnson, walking amongst the protesters, at times embracing them, telling CNN's Don Lemon he pledges to protect the community without gas masks, listen to them, and give them answers.

CAPT. RON JOHNSON, MISSOURI HIGHWAY PATROL: I think they know that what I'm telling them is true, and my feelings are true and my feel feelings are honest. And that I made a promise, and I made a promise about integrity. Integrity is something I can't get back. Trust is something that's hard to gain but easy to lose, and I think I've got their trust and I am going to do everything I can to maintain their trust.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Good afternoon, everybody.

CABRERA: President Obama calling for an end against excessive used by police against peaceful protests, as did Missouri governor Jay Nixon, vowing to repair trust beetween residents and police.

GOV. JAY NIXON (D), MISSOURI: Ferguson will not be defined as a community that was torn apart by violence. It will be known as a community that pulled together to overcome it.

UNIDENTIFIED MALE: What do we want?

CROWD: Justice!

UNIDENTIFIED MALE: When do want it?

CROWD: Now!

CABRERA: Many saying the calm in the wake of the past days' chaos is because only now their voices are finally being heard and that leaders are listening.

UNIDENTIFIED FEMALE: People out here feel that, because of those actions, that we're being able to freely express our grief, freely express our freedoms.

UNIDENTIFIED MALE: There is a different feel. There's not as much tension, but I feel a great positive force that's in the air. There's a lot of hope here.

CABRERA: This, as police announcing they will release the name of the officer who shot Michael Brown today. And new video emerging from moments after the shooting, showing Michael Brown's body lying uncovered in the street, his uncle pushed away while crowds at the scene yelled at police that Brown did nothing wrong.

UNIDENTIFIED MALE: With hands up.

CABRERA: Brown's family attending a protest vigil at the St. Louis arch, later telling CNN's Wolf Blitzer they wanted to be surrounded by peace as they try to grieve.

ERIC DAVIS, MICHAEL BROWN'S COUSIN: We haven't had time really to grieve much. It's been a very long, stressful time. We don't really have many answers to what occurred on that day and she can't rest as a result of not knowing everything that occurred on that evening.

(END VIDEOTAPE)

CABRERA (on camera): Again, you get the swarm of cameras, all these reporters who are gathered here where, in just a matter of minutes, we will hear from the Ferguson police chief plans to reveal the name of the officer involved in the shooting death of Michael Brown.

So, in just a few minutes, we will have the answer to one of the big questions that had been on so many minds -- who killed the unarmed teenager? But it could still be weeks possibly even months, Carol, before we know why.

COSTELLO: All right, Ana Cabrera, you stand by. Of course, as Ana just said, the community is eagerly awaiting for police to release the name of this officer who shot and killed Michael Brown.

Let's head to our panel now, Don Lemon is in Ferguson; our justice correspondent Pamela Brown is in Washington; HLN legal analyst Joey Jackson is here; and Clarissa McGraw, who was arrested and released while protesting Brown's death, she will also join us from Ferguson.

Don, I want to start with you because what a difference in tone today. Police are set to release the name of this officer. Are people in the community feeling a little victorious right now?

DON LEMON, CNN HOST, "CNN TONIGHT": Well, I don't know if they feel -- I don't if victorious is the right way to put it. I think they're feeling a little bit -- yes, I think they're feeling that there is some progress in the investigation, Carol, and that they can move forward at least now that there appears to be more transparency, at least some transparency in this case, and especially since Ron Johnson, head of the Missouri Highway Patrol is in charge now.

So I think we'll have to wait to see who the officer is. We heard about him from the chief of the Ferguson -- the Ferguson Police Chief Tom Jackson just a little bit ago. And then we have to see the reaction to really get a gauge on how the community is going to react and how they're actually feeling at the present moment, Carol.

COSTELLO: And, Joey, Missouri law does provide a specific exemption barring the release of records the authorities are likely to pose a clear and present danger to victims, witnesses, or others. So is this a break in protocol to name this officer?

JOEY JACKSON, HLN LEGAL ANALYST: You know, I don't know that it is, Carol. And just starting here, it's about bridging a divide, and there's a distinction of course between speaking at someone and speaking with someone. And I think the police recognize that it's about establishing a dialogue with the community, and certainly in the event the officer's life is in jeopardy or in danger, there are protections for that.

And certainly no one wants that. They want answers. They want trust. They want honesty. And so, Carol, I think this goes a long way at getting that and developing and progressing the investigation and allowing the public to know. And so the officer will be protected, protocols will be put in place to preserve him, but it's about the family and it's about the family's interest in learning exactly what happened to Michael Brown.

COSTELLO: Could the officer fight to have his name made public, though, Joey?

JACKSON: Well, what ends up happening is that certainly he can fight. And you mentioned, very rightfully, the exception in the law that provides that, if there's a danger, it can be withheld. However, at the end of the day, again, in the event the police feel that they can protect him, the police have to balance the right of the protections under the law for him against the right of the family and the right of the community to learn more about what's going on.

And so I think what this tells us is that the police are confident that the tone has been changed, that the demeanor has been changed, and that there's a new sheriff in town. And that new sheriff certainly will be about apparently transparency and getting to the answers that the family deserves, the community deserves, and that we all have a right to know.

COSTELLO: Pamela, officials say police officers and others in the administration and police force have been subjected to death threats. Is anything being done to protect them?

PAMELA BROWN, CNN JUSTICE CORRESPONDENT: Well, officials are keeping a tight lid on any details as far as what particular protections are in place, but as Joey mentioned, you know, as far as this particular officer who we're about to learn the identity of, who shot Michael Brown, there are going to be protections in place for this officer. And normally what happens in these situations, Carol, is the officer is moved to another location, perhaps a hotel, or staying with a friend, and then the family usually is somewhere else, just in case someone does find out where the officer is.

But discretion really is going to be key here. Given the circumstances, and given how much we don't know, and given sort of the glare that this officer is under, and really the police department, no one necessarily is going to want to be seen as rallying around this officer.

So as far as who is providing the protection, what agency, it's unlikely we'll know those details. And remember, this is a small police department. So there aren't necessarily protocols in place for this kind of thing, but there are protocols in place for state police, even for DOJ, these larger agencies. And remember, this officer has not been charged yet. He has not been formally arrested -- and law enforcement takes care of their own, so there is going to be adequate protection in place.

COSTELLO: All right, thanks, Pamela. Carissa, now to you. You were detained by police and confronted the mayor about it. Police now say they'll release the name of this officer soon. What do you think about that?

CARISSA MCGRAW, ARRESTED WHILE PROTESTING: I think it's what the people wanted. I mean, the outrage that they were trying to say that we were having in St. Louis, the riots they claim we were having -- no, the protests that we were peacefully proceeding with, that's what we were protesting. We were protesting justice. It's justice for Mike Brown. It's justice for his family. And peacefully we remain because out of the respect of Ms. McFadden and making sure we would have answers, and just like everyone wants answers. And if you give somebody so much information, you give them all the negative, but you don't give them what's really out here, you don't give them the answers that they just want.

I mean, knowing who the officer is, just like I told the mayor. If I kill someone tomorrow you know where I stay, my mother's name, my family, you know my Instagram pictures, you know Facebook, everything. And it's not saying because I killed just anybody, but if I killed a cop tomorrow, you would know everything about me.

And out of respect the family, they should know just as much about him as they knew about Mike Brown when they laid him out on the ground.

COSTELLO: All right. I want our panel to stick around. We've got take a break. We'll be back with much more after this.

(COMMERCIAL BREAK)

COSTELLO: All right. We are awaiting the Ferguson police chief, Thomas Jackson, to take his place behind those microphones and announce the name of the officer who shot the teenager Michael Brown. We expected that to happen at the top of the hour. There is a delay for some reason. We don't exactly why, but, of course, we'll continue to monitor this and as soon as the police chief takes his place behind the microphones, of course, we'll take the press conference live.

I want to bring back our panel now: Don Lemon, Pamela Brown, Joey Jackson and Carissa McGraw.

Thanks to all of you.

Carissa, I want to go on with you --

LEMON: Carol, I can tell you why it's -- I can tell you why it's being delayed if you want to know.

COSTELLO: Go ahead.

LEMON: I spoke with him on "NEW DAY" just a little bit earlier, and he said -- first he was doing interviews, but he said before he put the name out there, he's going to do it shortly after 8:00 Central Time, 9:00 Eastern. But he said he wanted to consult with his attorneys, with legal counsel, before releasing the name because they wanted to do it as gingerly and as carefully as possible, and they didn't want the officer to receive any retaliation what-have-you and to make sure they were well within their legal rights with what they were releasing, probably why it's been delayed a bit.

COSTELLO: So, Joey, tell us how those conversations might go.

JACKSON: Sure, what happens is, obviously you want to dot every "I" and cross very "T." It's a balancing test. There are rights of the officer to be protected and not to be harmed but there's the rights of the victim and the family and Michael Brown and what about him and so in balancing that, you have to consider also their right to know, their right to get information and the right to foster and further the investigation.

And I think the lawyers are talking about whether there's a good faith belief that the officer could be protected and that the exemption in the law which allows the withholding of information could be really outweighed, and I think in having those discussions, apparently at least they are telling us, carol, they're erring on the side of being transparent with the family, being transparent with the community, and be forthcoming in terms of who the officer is and I think we'll see from there moving forward more information released about exactly what happened here.

COSTELLO: Well, it's just interesting, Don, that there would be this announcement that they might release the police officer's name, but hold on, maybe not. That's just not good.

LEMON: Well, that -- I mean, it happened from the beginning, remember, you were anchoring and they were supposed to release a name and decided not to do it that day. We kept reporting they're going to release a name, and they're going to release the name.

And Tom Jackson, the police chief here, came out and held a press conference and said we're not going to do it because several names had gotten out through social media and happened to be the wrong names, according to him and he said they were concerned about against violence against the officer, there had been death threats. He said they are going to do it, they came to consensus about it, but it was going to be shortly after 9:00 a.m. Eastern Time. He didn't say 9:00 a.m. at the top of the hour.

But again, consulting with legal counsel and I think they're going to do it. We just have to be patient, hopefully this time they will do it and don't backtrack or retract their statement.

COSTELLO: I'm just saying, you'd think they would have been doing it for days because the incident happened Saturday.

LEMON: They should have been doing that for days because it seems like there is no clear communication they don't have their act together, you're absolutely right.

COSTELLO: Carissa, I want to ask you as a member of the community, if police decide not to release this officer's name today, how will the community take that?

MCGRAW: I would hope again out of McSpadden and the Brown family, we will continue peacefully. I can't speak for everyone, I know for myself I will continue peacefully but you have almost a week and no one knows who this man is. He basically disappeared from the scene and how do we know this is the right man they're going to give us?

At this point, we have had all these days of suspicion and just names given on social media, I do agree that wasn't the best way to go, I didn't follow all the social media but I do realize that, yes, he has to be taken of, his family has to be protected and they didn't do this crime. He did this crime and yes, I consider it a crime. I consider Mike Brown a victim. And with this officer, I would hope that the first day this happened, he realized oh my family needs to be protected and they started on this from day one. It should have been at least 72 hours with his name being withheld. It should have been released 72 hours after the crime.

COSTELLO: I'm going to pose that question to Pamela. Is it unusual for police not to release an officer's name when involved in a police- involved shooting?

BROWN: Well, every case, of course, is different. I think in this particular case, police officers had to weigh what happened when the wrong names did get out there, and I think that what we saw was a direct reaction to that, and also the concern of wanting to get this officer to a safe place.

But, yes, typically you do see the name of an office released shortly therefore. Certainly if a member of the public is perhaps a person of interest or a suspect, they are normally named pretty shortly after, and so you see sort of a similar response when they come to a police officer. But as I said earlier, you know, law enforcement takes care of their own. They want to make sure that this officer is protected.

And make no doubt about it -- I mean, make no mistake about it, he is under tremendous scrutiny right now, and they know, given the intense attention to this case and given all the protests and the passions that there is going to be a large reaction most likely after he is named, so they are taking that into account. This is an extremely stressful situation for a law officer in this position, talking to law enforcement who had personal experience with this kind of thing, it's extremely isolating. It's extremely stressful.

Everything about this officer is going under the microscope. It probably already is from the investigative standpoint and now once his name is released to the media, it's going to be, everything is going to be under the microscope for the media, for the public, how much training this officer has had, how long he's been with the Ferguson police department, what kind of officer he was, were there any other complaints about this officer from the community prior to this incident. Of course, that will be key, so everything is under scrutiny for this officer.

COSTELLO: Right. And we know a little bit about him, just before I --

LEMON: Carol, we're getting word that the chief is on his way, and that he's just running late, so they're saying that he is on his way and he will be stepping up to the microphones.

I just want to say, if you'll allow me here, Pamela said every case is different, but this is not unusual in police departments across the country to have an officer-involved shooting and not have the officer's name released that, is part of the double standard that is under the microscope and brought it to larger light here and police departments around the country, governments around the country are going to have to examine. Is it fair to have a citizen of the United States, all of their personal information released, but then you have a different standard when it comes to police-involved shootings? We're going to be dealing with that in the news for the coming months and for some time.

COSTELLO: Absolutely. I got to take a break. Thanks to all of you.

Just couple of words about this officer and apparently we're about to hear his name but the officer is a six-year veteran of the Ferguson police department. He has no history of disciplinary action, and we know he is from the St. Louis area. We just don't know his name.

But as Don said, perhaps we will soon -- as Don said, perhaps we'll know his name soon as the Ferguson police chief makes his way to those microphones.

I got to take a break and be back with much more in THE NEWSROOM.

(COMMERCIAL BREAK)

COSTELLO: Good morning. I'm Carol Costello. Thank you for joining me.

Let's head out to Ferguson, Missouri, we are waiting the Ferguson police chief Thomas Jackson to announce at any time the police officer's name, the name of the police officer who shot and killed 18- year-old Michael brown last Saturday. Don lemon tells me the police chief is on his way, so that should happen at any moment.

Of course -- well, let me introduce our guests, I have Don Lemon with me as I said. Pamela Brown is our CNN justice correspondent, she's in Washington. Joey Jackson is our HLN legal analyst. And Carissa McGraw who was arrested and released while protesting Brown's death, she's in Ferguson with us, too.

So, you guys stand by while we await the police chief's announcement. I go now to Brian Todd. He's done a great story on the militarization of police departments across the country, and why this might not be such a good idea.

Good morning, Brian.

BRIAN TODD, CNN CORRESPONDENT: Good morning, Carol.

You are seeing military-grade weapons all over America's streets these days. They are getting into the hands of more and more police, many of whom are not trained properly in how or when to use them.

(BEGIN VIDEOTAPE)

TODD (voice-over): Men in Kevlar vests and helmets, camouflaged, carrying automatic rifles, moving in tactical armored vehicles. These aren't American troops on the battlefield but police in Ferguson. One observer says he thought he saw police in an MRAP.

KARA DANSKY: An MRAP is a mine-resistant ambush protected vehicle. It's built to withstand armor piercing bombs. This is not something that we need in American communities.

TODD: But Kara Dansky of the ACLU says more than 500 MRAPs have made their way from Afghanistan and Iraq to local police forces in America over the past couple years. It's part of what the ACLU called the excessive militarization of American policing.

Indications of that are everywhere in Ferguson. Police in these towns are getting much of this combat equipment free of charge from the Pentagon.