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New Video That Seems To Show Three Missing School Girls From U.K. On Their Way To Join ISIS; Protests Continue After Two Ferguson Police Officers Shot; OU's Sigma Alpha Epsilon Chapter May Sue University And Its President; Never-Before-Seen Video Evidence In Tsarnaev Brothers' Trial

Aired March 13, 2015 - 14:00   ET

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


(COMMERCIAL BREAK)

BROOKE BALDWIN, CNN ANCHOR: All right. Well, thank you so much. Here we go on a Friday. I'm Brooke Baldwin. You're watching CNN. Thank you for being with me. I got to begin with this provocative new video that's just surfaced. It appears to show the three missing school girls from Britain on their way to join ISIS.

And let me just warn you, we'll play the video for you. Obviously, you're going to tell it's shaky, it's very amateurish. But I want you to watch closely here and the faces will come slowly into view not just of these British girls but of these two men helping them.

As you're watching this with me, the video comes, these Turkish officials claim these girls were helped by someone working for a government that's part of this US-led coalition fighting ISIS, as one of the young woman here.

Foreign intelligence agent is what Turkey is calling it. Translation, it's a spy. We'll bring in CNN's Atika Shubert. She's live in London, just to go through some of these video. And Atika, let's just begin with, you know, facts as far as the video goes. We know where it was shot, when it was shot.

ATIKA SHUBERT, CNN CORRESPONDENT: We do know it was shot roughly around February 19th. This is about two days after the girls arrive in Istanbul. It was shot in Gaziantep which is just on the Turkey- Syria border. In fact in that video, at one point the man says that Syria is less than an hour away. And you can hear the girls talking to the man. Very briefly, he tells them to grab their bags and make sure they don't forget anything and transfer to another car presumably than they leave for Syria.

And in fact, the men in that video, you do see one of them with dark hair, is believed to be the man arrested by Turkish authority, the man that they have described as a foreign intelligence agent or perhaps more of an informant. He is, according to Turkish authorities, a Syrian citizen. Brooke?

BALDWIN: What more do we know about him or about this other person in the video. Do we know how this young women hook up with these two men, all those questions.

SHUBERT: We don't know yet exactly how they met up with these men who recommended them. What we can tell is that the men with the dark hair according to Turkish authorities, is somebody who is known as sort of a people smuggler, somebody who brings people across the border quite frequently.

The other man in the video, we're not sure who he is but you can hear a male voice with very good English. So a lot of questions as who he could be.

BALDWIN: OK. People smuggler. Atika Shubert, thank you so much and I know as we've been following this story for months and really out at Syria for years. There are millions of innocent civilians affected by this brutal terror group ISIS. And you can help. We've set up a part of this website, Impact Your World. Just go to cnn.com/impact for ways you can help.

Let's turn out to Ferguson, Missouri here. A call night there as protesters shifted from their long held demand for in to discrimination by police.

This time, many, many people there were praying for police after these two officers were shot the previous night. And as protesters expanded their message, investigators appear to have narrowed their search were the gunman. Law enforcement officials say investigators have identified now two people. They say they would like to question including one who could indeed be the shooter.

Yeah. Here is the 911 call from the attack that's just been released.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There are officers down. Officers down. Shots fire at the station.

UNIDENTIFIED MALE: (Inaudible) officer down. Officer (inaudible).

UNIDENTIFIED MALE: Officer down (inaudible).

(END VIDEO CLIP)

BALDWIN: There is one sheriff in this country who says the shooting of police in Ferguson is part of this disturbing trend. Here is Milwaukee County sheriff, David Clarke.

DAVID CLARKE, MILWAUKEE COUNTY SHERIFF: War has been declared on the American officer officers. Some people thought I was engaging in hyperbole, but as we can see this assault on the American officer continues. This isn't the first time. It happened in LA. It happened in San Francisco -- excuse me. Cops on routine patrol taking a sniper fire. It's unfathomable that we gotten to this point in United States.

BALDWIN: We talked to Sheriff Clarke recently on the show. You heard them there last night saying war has been declared and he's not the only one saying that. I talk to a patrol officer, young men, a phenomenal officer by the name of Anwar Sanders out of Albuquerque, New Mexico. This is his message to me this time yesterday.

ANWAR SANDERS, ALBUQUERQUE, NEW MEXICO POLICE: There is absolutely been an increase of violence. There's been vandalism on police vehicles. There has been just a constant threat. You know, we get the people who will come up to us and say, "Hands up, don't shoot" you know, trying to test you and shot and get a reaction out of you.

BALDWIN: Let's broaden this out. Let me bring in Nick Valencia who is in Atlanta and I know you attended this national convention of police executives there in, you know, in Atlanta. What was the message? What were they saying to you?

NICK VALENCIA, CNN NATIONAL CORRESPONDENT: I did and this morning Brooke, it was New York Police Commissioner Bill Bratton who was the headliner at this event for the National Organization of Black Law Enforcement Executives. And Commissioner Bratton spoke about a handful of issues to the point there that young man it was law enforcement morale. It was also community policing as well as the recent events in Ferguson. And I had the chance to speak with commissioner one on one. Here's (inaudible).

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (Inaudible) lack of trust in the community now with in part. What do you do?

BILL BRATTON, NEW YORK POLICE DEPARTMENT COMMISSIONER: Well, the issue of lack of trust is part of the problem if you will. How do we regain it where it's quite obvious if you watch in the case of Ferguson, I'm dealing with similar issues in New York City and some of my neighborhoods coming out of our events, and there were so many ways that you can do that.

First off, you need to be willing to brace if there is a need to change, there is opportunity to change. And the events in Ferguson this week that we really still don't know yet the best that you're talking, who did it, for what purpose. We can only speculate. (Inaudible) wait until we have the facts. But clearly in the country this time, there is lack of trust between men and women (inaudible) in the police and lack of confidence on the part of the police that they have the backing of some of their leadership to community and we need to move that issue also. (Inaudible) police and property, you know, it's trying to find ways to bridge those gaps.

(END VIDEO CLIP)

VALENCIA: Commissioner Bratton went on to say that there needs to be a mentality shift among some law enforcement officers from a change from the warrior mentality to more towards the guardian mentality. You also need another point at which I found very interesting Brooke. He said that cops aren't the only people responsible for deescalating these situations, lot of them that we've seen across the country in recent months. He also puts some ownership on the citizen saying that it's our responsibility as well not to put police officers in situations were bad things can happen. Brooke?

BALDWIN: OK, point taken. Nick Valencia, thanks for sharing.

VALENCIA: You bet.

BALDWIN: Coming up next, we have more on a fraternity chapter that has been shut down on campus after that racist chant surfaced. It turns out this fraternity now may sue the school and the president for branding its members as bigots and racists. Do they have a case? We'll talk about that.

Plus, (inaudible) video f the man who was carjacked by the alleged Boston bombers two years ago. See how he managed to escape. We have that for you from Boston.

And hello, Disney on fire after its CEO announces, wait for it, the sequel to Frozen. It is coming kids, but it was actually a six-year- old who managed to stump the head of Disney. Here to question, the answer ahead.

(COMMERCIAL BREAK)

BALDWIN: You're watching CNN. I'm Brooke Baldwin stuck with the new backlash to the University of Oklahoma. It is now coming from this infamous fraternity, local chapter of Sigma Alpha Epsilon, SAE. The fraternity booted off campus over a video that shows members shouting this racist chant. Now the twist is they may sue the school and perhaps even the president of the university.

Our Oklahoma City affiliate KFOR (ph) is reporting a high-powered attorney hired by the chapter as some SAE members, they're upset that they are all being branded as bigots and racists. In fact, we're hearing -- we could be hearing from the attorney a little bit later during the show.

Joining me now, CNN and HLN legal analyst Danny Cevallos and Joey Jackson both from all defense attorneys, both, as far as I can tell, on far ends of the spectrum as far as how this story should be treated.

So my first question and this is to either of you, would this local fraternity have a case? And we don't know what kind of litigation, you know, this could look like. Would they have a case here?

DANNY CEVALLOS, CNN LEGAL ANALYST: Let's analyze it this way. There are two separate issues, right, the fraternity versus the national fraternity. They probably have no case there because that's a private entity. It's probably covered in their bylaws or their internal rules. They can revoke a charter probably however they want to. But I don't know. I haven't seen the charter. None of us have.

As the university goes, that's a different issue. University of Oklahoma is a public university so it must follow the First Amendment. It cannot suppress protected speech. And a student's attendance at a university, a public university is a property right that is protected by due process. This has been the law for decades. So if they're going to revoke their status, the university is going to kick the university off summarily, do those students within that fraternity have due process rights by virtue of their membership in the fraternity. It's an interesting constitutional question.

JOEY JACKSON, CNN LEGAL ANALYST: All due process means is --

(CROSSTALK)

JACKSON: Right? All due process means is that you're afforded notice and an opportunity to be heard.

BALDWIN: (Inaudible) students would say that they can get that, have them like this.

JACKSON: You know, well, if there's something called a summary action, that means I take action now and if you want to grieve (ph) it, by all means, we'll have a proceeding and we'll address it at that proceeding. But I don't have to wait until I get a ruling for you to go but let's talk about the law for one minute here if we could.

BALDWIN: OK, sure.

JACKSON: The reality is that here you have a balance, I -- I would argue that not only did the university is what they did constitutionally protect it but I would argue that they had an affirmative obligation to do it. You ask why. There's something called Title VI also of the Civil Rights Act of 1964, and what does it say? It says that no discrimination for anyone getting federal funding could be tolerated so you can make the argument.

If the school doesn't act, then are they deemed to be otherwise embracing these statements?

BALDWIN: But the fraternity is taking a step further, not only with the university act but then this local fraternity, SAE, staying back to the university. They're continuously exploring legal avenues against the university and the university president. (CROSSTALK)

BALDWIN: The students are.

JACKSON: Right.

CEVALLOS: Yes. The students are, to the extent of their free speech, they feel their speech has been suppressed or they haven't been afforded due process, they may. The real constitutional question is, do you have standing as a member of a fraternity when the fraternity is the thing that has been kicked off campus. In other words, just by virtue of their membership, can they challenge the fact that, yes, this fraternity was summarily kicked off campus.

Going to Mr. Jackson's comment, the students who were expelled absolutely have a claim because that was done unconstitutionally and a very, very short version is the vast majority of speech is protected. Some speech is not. Things like harassment.

BALDWIN: What about defamation?

CEVALLOS: But the problem is Oklahoma did not proceed on the theory of defamation. They have always said that this is a hostile environment, therefore it's harassment. And if it's harassment, the Supreme Court is clear, Mr. Jackson.

(CROSSTALK)

JACKSON: If he call me "Mr. Jackson" I know I'm in trouble.

BALDWIN: You're in serious --

CEVALLOS: Crystal clear that yes harassment is something that is severe, it's something that's pervasive. But it's more than that, it's something that effectively denies a student the access to his or her education and I don't see that here under the facts, though Mr. Jackson may disagree.

JACKSON: Well, OK. And here is what I would have to say.

BALDWIN: OK.

JACKSON: There's a student code of conduct and let's say what it says, it says that they can act, that is the school, if there is conduct which can be found intimidating, harassing, or humiliating. Now, could you make the argument that this conduct is found in that way? Absolutely, you can.

CEVALLOS: Agree.

JACKSON: When you attend a university the reality is that you have to abide by those codes of conduct.

BALDWIN: Yes.

JACKSON: And if you don't, guess what. You leave.

BALDWIN: Right, right.

JACKSON: The other thing to mention is that we all have rights of free speech but those rights are limited and we have to take responsibility for what we say. Defamation, you mentioned one. The other thing, fire in a theater, there are number of things that are not protected and when you engage in something that is in a cause of conduct that affect somebody else, there's a right to act, they did act and it will be upheld.

CEVALLOS: Last point, Joey Jackson -- Joey Jackson makes a good point, makes a good point. It is in the student code but student codes have time and time again been shot down as unconstitutional by district courts. This could be another one of those.

BALDWIN: OK, Mr. Jackson, Mr. Cevallos, that was excellent.

JACKSON: Thank you Ms. Baldwin.

BALDWIN: Thank you very much.

CEVALLOS: Thank you.

BALDWIN: Appreciate it. Let's see what happens, and again that lawyer talking within the show. We'll see what he says.

Coming up next here on CNN, video from inside the gas station where those Boston bombing suspects two years ago, they stopped for food where the man they carjacked somehow managed to escape. You will hear his 911 call. It turned out to be key here in leading authorities to the Tsarnaev brothers.

You're watching CNN. Don't move.

(COMMERCIAL BREAK)

BALDWIN: In the trial to determine whether the surviving Tsarnaev brother will die, the never-before-seen video evidence prosecutors have presented over the course of the past two weeks from the Boston Marathon Bombing is just absolutely devastating. So just to warn you, what we're about to show you is quite graphic.

(BEGIN VIDEO CLIP)

(CROSSTALK)

(END VIDEO CLIP)

BALDWIN: I know watching that brings so much of it back in an instance for a lot of you. I was there for weeks after the bombs went off. And I will never forget this man I met interviewed by the name of Charles Buchanan. He's a very firefighter in the great city of Boston. He was one of those, you know, first there on the scene. And he was actually one of the first to encounter the bombings youngest victim, Martin Richard, along with his sister little Jane. And I have a privilege of speaking with him just two days after the bombing.

(BEGIN VIDEO CLIP)

CHARLES BUCHANAN, BOSTON FIREFIGHTER RESPONDED TO BOMBING SCENE: I saw a little girl that another guy grabbed. The girl leg was severed on the right leg. And behind her was a little person that had to be this little boy that they talked about. And he couldn't do anything for him. His name was Martin. And we put a shield (ph) over him, just out of respect for him.

So then we went back to work.

BALDWIN: You knew immediately when you saw that little boy.

BUCHANAN: He wasn't --

BALDWIN: He wasn't going to make it.

BUCHANAN: He was dead. Yes, ma'am. He was dead.

BALDWIN: Was that little girl who you saw with part of her leg missing, was she able to talk to you or was she just crying?

BUCHANAN: The little girl that was -- actually, I believe (inaudible) firefighter had her. And she -- we stopped an ambulance. And the ambulance was full, but we said, "You have to take this girl." And they were great. They were (inaudible) the EMS. And this firefighter said that, you know, she needs a tourniquet. We get -- we got a tourniquet small enough to -- I mean, her leg, is might as big as your arm, all right?

So, they put her inside the ambulance. But as you said, the only thing that I could see to this day, are her little eyes looking up at me. That's it. All right. And me thinking about my own grandson.

(END VIDEO CLIP)

BALDWIN: Some of the testimony from the survivors and first responders in Boston has been so raw, that the defense filed a complaint to limit anything that was in "gruesome." But the trial's latest witness simply could not be censored. He's Dun Meng, a Chinese graduate student who was driving that Mercedes SUV, testified that the older Tsarnaev, Tamerlan and the younger Dzhokhar have carjacked him, forced him at gun point to drive.

Officials reportedly have said that without Meng's bravery, the brothers may have made it to their next bombing target. Remember, they wanted to get to Time Square. But first Meng testified they forced him to stop at a gas station. Dzhokhar Tsarnaev went inside. Cameras are not allowed in the court rooms. We're going to read you what Meng said next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I think this is my best chance, because there's only one of them in the car and the doors were unlocked. It was the most difficult decision in my life. I asked Tamerlan before, "Are you going to kill me tonight?" He told me, "I'm not going to kill you. Just relax, man."

I was struggling with that. Should I trust him or should I just take this chance myself and run away? I count down, one, two, three, four. And I open the car door quickly and successfully and dashed into the street. At the field he was trying to grab me. He was shouting. I can see there was another gas station on the other side of the street, so I ran there. I prayed, "Please gas station be open." I opened the door and it opened. I just said something like, "Please call 911." I stayed in front of the door and lowered my body down. I just wanted to hide in case they came into the store.

(END VIDEO CLIP)

BALDWIN: The gas station attendant, who also testified yesterday, called 911, handed Meng the phone.

(BEGIN VIDEO CLIP)

911 OPERATOR: Tell me what happens, somebody took your car? DUN MENG, CARJACK VICTIM: Yes.

911 OPERATOR: And what happened when they took your car?

MENG: They said that they are the -- they did the explosion, the marathon explosion. They are looking me too.

911 OPERATOR: They what?

MENG: They are the suspect of the marathon explosion.

911 OPERATOR: Sir, what did you say when he took your car?

MENG: Please help. Help me please. They have guns.

911 OPERATOR: Where are they?

MENG: They are in the Shell gas station in Memorial Drive

(END VIDEO CLIP)

BALDWIN: I want to bring in someone who's been inside that courtroom since day one, who was there to hear about 911 call. Milton Valencia is a reporter with the Boston Globe. And Milton, I got a lot to ask you about including about a story about of bicyclist no one has never heard before. But let me just begin with, since we're talking about gas station, the video jurors were shown of Tsarnaev, he's buying snacks. Can you just take me inside this courtroom and it's all of this is playing out? How was he reacting to the videos, to the jurors, to the testimonies? Is he looking at them at all?

MILTON VALENCIA, REPORTER, THE BOSTON GLOBE: He is. He is. He must have been trained by his lawyers to try not to show an emotion, but it's difficult too when this is playing out right in front of them.

He seems to peek at the screen. The screen is right in front of him, so it's difficult to avoid as well. But he perks (ph) at time when he hears his voice or other people's voices talk about him. There was a reaction. He tends to slouch in stereo, tries to be, aloof, you know, when certain testimonies going on, but other times he seems animated.

You mentioned the bicyclist. He was animated seeing him for the first time since that horror two years ago. You mentioned Dun Meng. They were -- they shared glances at one point, exchange glances. So there is some reactions to him and he knows what's going on.