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Witness to Police Shooting Speaks Out; Boston Bomber Convicted on All Counts; Shooting Video Contradicts Officer's Account. Aired 6- 6:30a ET

Aired April 9, 2015 - 06:00   ET

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


(BEGIN VIDEOTAPE)

FEIDIN SANTANA, WITNESSED SCOTT SHOOTING: He just want to get away of the Taser.

[05:58:14] The police officer just shot him. In the back.

UNIDENTIFIED MALE: I strive to protect and serve.

UNIDENTIFIED MALE: No justice!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: What would have happened if there was no video released?

JUDY SCOTT, WALTER SCOTT'S MOTHER: The policeman is supposed to protect the people.

UNIDENTIFIED FEMALE: Thirty counts, found guilty in each and every one of them.

REBECCA GREGORY, BOSTON BOMBING SURVIVOR: I may be standing on one fake leg, but I'm standing here, stronger than ever.

UNIDENTIFIED FEMALE: Violent storms moving across the country right now.

UNIDENTIFIED MALE: Well, I thought the roof was going to come off. I tell you, I can hear the hail popping, and I thought oh, my lord.

(END VIDEOTAPE)

ANNOUNCER: This is NEW DAY, with Chris Cuomo, Alisyn Camerota and Michaela Pereira.

CHRIS CUOMO, CNN ANCHOR: Good morning, welcome to your NEW DAY. It's Thursday, April 9, 6 a.m. in the east. Michaela is off. We've got John Berman here with us. Always a pleasure. And we have new information for you about the deadly encounter

between a South Carolina police officer and a motorist that he pulled over for a broken taillight. The eyewitness who shot the video that changed everything in this case is speaking out for the first time.

What happened in those critical moments before Walter shot -- Scott was shot repeatedly in the back? This witness knows and will tell you. Does the officer's account really add up? And what is still not being investigated about this situation?

ALISYN CAMEROTA, CNN ANCHOR: This, as the North Charleston Police Department takes swift action, firing officer Michael Slager as he faces murder charges. The police force saying they'll make changes as the state takes over the investigation.

We begin our coverage with Martin Savidge. He's in South Carolina this morning. What do we know, Martin?

MARTIN SAVIDGE, CNN CORRESPONDENT: Morning, Alisyn.

Well, by now everybody is familiar with that infamous video that was taken by a bystander. But there are actually other videos, a number of other videos, dash cam videos that were taken by the police. The question is, what do they show? We may get a look at them today.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: No justice!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

SAVIDGE (voice-over): Days after the release of this shocking video...

(GUNFIRE)

SAVIDGE: ... North Charleston now feeling the fallout.

UNIDENTIFIED MALE: Black lives matter.

UNIDENTIFIED MALE: Black lives matter.

UNIDENTIFIED MALE: Black lives matter.

SAVIDGE: Demonstrators gathered in front of city hall demanding the mayor resign and more officers being arrested, as the investigation into the shooting death of Walter Scott by officer Michael Slager intensifies.

In the immediate aftermath of the shooting, Slager seen here being debriefed by another officer, described a scuffle and claimed through an attorney that the 50-year-old fought for his Taser, and he felt threatened. In an interview with NBC, the man who shot the disturbing video says he did see the two struggling on the ground.

SANTANA: Before I started recording, they were down on the floor. I remember the police had control of the situation.

SAVIDGE: Scott's family says they first saw the video Sunday. They're horrified and believe the video captures an attempt by Slager to plant a Taser close to Scott's limp body.

SCOTT: The policeman is supposed to protect the people, not try to frame them. They're supposed to be honest people.

SAVIDGE: Slager joined the police department five years ago. In 2013, police records show he was exonerated following a complaint of improper use of force with a Taser involving a black man.

North Charleston's mayor and police chief announced the 33-year- old accused officer has now been terminated but that medical benefits for his eight-month pregnant wife would continue.

MAYOR KEITH SUMMEY, NORTH CHARLESTON, SOUTH CAROLINA: We think that is the humane thing for to us do.

SAVIDGE: The city leaders often interrupted by demonstrators and members of the public.

UNIDENTIFIED MALE: No justice!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

UNIDENTIFIED MALE: No peace!

SUMMEY: May I make one statement?

SAVIDGE: Wanting to know whether the predominantly white force was now ready to change.

SUMMEY: We received a grant to purchase 101 body cameras. Every officer that's on the street in uniform will have a body camera.

(END VIDEOTAPE)

SAVIDGE: What's interesting, Alisyn, is that the body camera issue is one that the police department here had considered for some time. But now in light of the tragedy that has happened in this community, it's being expedited. Some would say it's too bad it hadn't been expedited before this time -- Alisyn.

CAMEROTA: Yes. We can't always just rely on passersby to help account for what happened in these incidents. Martin, thanks so much for that.

So you just heard a small piece of what the eyewitness told NBC's Lester Holt. Feidin Santana was on his way to work when he saw the altercation escalating. Here's more of what he saw, in his own words. (BEGIN VIDEO CLIP)

SANTANA: They were down on the floor. They were down on the floor before -- before I started recording. And they were down on the floor. I remember the police had control of the situation. He had control of Scott. And Scott was trying just to get away from the Taser, which the Taser, you know, you can hear the sound of the Taser.

LESTER HOLT, NBC NEWS: He had been Tased at that point?

SANTANA: Yes.

HOLT: And you heard the sound?

SANTANA: Yes, I heard the sound before I started recording. And I believe he just wanted to get away of the Taser. Like he never used the Taser again.

HOLT: So Mr. Scott runs away.

SANTANA: He runs away.

HOLT: And then what's the police officer do?

SANTANA: As you can see in the video, the police officer just shot him in the back. And I knew right away that I had something in my hands.

HOLT: Ultimately, you turned it over to the attorneys for the family?

SANTANA: Yes. The attorneys for the family.

HOLT: Of Mr. Scott.

SANTANA: To the family.

HOLT: What was their reaction to you?

SANTANA: Well, it was, like I say, they were very emotional, you know, when that happened. Including me, also, you know, because like when I turned it, I felt -- you know, I felt I thought about his position, their situation. If I would have a family member that would happen, I would like to know the truth.

HOLT: As a result of that videotape, a man, a police officer has been charged with murder. How do you feel about that?

SANTANA: Well like I say, it's not something that no one can feel happy about. He has his family. Mr. Scott also has his family. But I think you know, he made a bad decision. And, you know, you pay for your decisions in this life, you know. And I think like I say, Mr. Scott didn't deserve this. And there were another ways, you know, that can be used to get him arrested. And that wasn't the appropriate way to do that.

(END VIDEOTAPE)

CUOMO: You know, this case was not made by authorities. It was made by that young man, Feidin Santana. And imagine the presence of mind at that young age to see something this horrible and not run away yourself, but stay there and stay focused on it. Of course, he had doubts and questions afterwards, but ultimately, he did the right thing with that video, and it has made all the difference.

[06:05:05] So what about the investigation? The police in the beginning, well, they accepted the story of the officer. He didn't have body cam on, but he did have a dash cam video. What does it show? That's being reviewed now. Why now? Why wasn't it already reviewed and that information brought into what we know? Big questions.

Let's talk to people who will be responsible for change. South Carolina State Senator Marlon Kimpson, who is the co-sponsor of the bill that would require body cameras on all police officers. And North Charleston city councilwoman Dorothy Williams.

Thanks to both of you. I'm sorry that this is the occasion of our interview, but it is the matter at hand. And let me ask you both, starting with you, Ms. Williams, have you ever seen anything like what was captured on that young man's video?

DOROTHY WILLIAMS, NORTH CHARLESTON CITY COUNCILWOMAN: In movies. Never thought I would see a reality of it. But you know, only on television.

CUOMO: Up until now, Mr. Kimpson, these are the stories that we hear from the aggrieved, that people dismiss because we don't have the proof. And it's so different than what the officer described. What did that mean to you?

MARLON KIMPSON, SOUTH CAROLINA STATE SENATOR: Well, first of all, let me say what we saw flashed across the television screens across the world, was a very despicable act that I personally believe is not representative of the officers, in large part, in South Carolina. The video was very, very disturbing. And that is why I have filed a bill to require all law enforcement officers to wear, wear body cameras.

CUOMO: Are you getting any resistance at all? Or is that expected to fly through the legislature in light of this situation?

KIMPSON: Well, nothing flies through the South Carolina General Assembly. But I can tell you this: since the shooting on Saturday, I am -- the bill has garnered bipartisan support. Most recently the chairman of the Senate Transportation Committee, a Republican senator, Larry Grooms, has signed on. And so our work will escalate early next week, as we have called an emergency subcommittee meeting to get the bill out of subcommittee.

CUOMO: Good. We'll track that to make sure that there's progress on it or to see what happens. Ms. Williams, back to you on this. This is such a dramatic piece

of video that it could overshadow other questions that still remain here, such as, in the beginning, the authorities were echoing the officer's story. He had to shoot one; there was a fight over the Taser. Do you think that there was enough suspicion of his story, seeing how on its face, even as he told it, it didn't make sense, because what reasonable fear could the officer have of his own Taser, when he'd already used it on the other man? Do you think there was enough suspicion?

WILLIAMS: Yes, of course. Believe it or not, not many minorities believed his story from the beginning. And as the investigation was going to take place, they would have discovered that the man was shot in the back.

Also the Taser was connected to the back of him. So they still wouldn't have, to me would not have been any way he could have gotten by with what he did to Mr. Scott.

CUOMO: But does it raise a concern to you that the police department, those authorities were investigating this, and seemingly going down the wrong road? Does it say to you, the police should not investigate their own in cases like this?

WILLIAMS: I never believed that they should investigate themselves. Ninety-nine percent of the time, the police officers are found not guilty. It has to be someone on the outside of the police force that is assembled, and they should be the one investigating the police officer, not the police investigating the police. I never believed in that.

That's why I introduced a bill and brought it to my council and the mayor, to put the video and the audio in the police cars. And they went along with it and we got it. And I just hope that that camera was on when this took place.

CUOMO: Right.

WILLIAMS: I don't understand why it's taking so long for us to get that video. But I hope it was on. Because I requested that a couple of years back. And we finally have it in 90 percent of our cars.

CUOMO: You should ask for that video again and let us know what their answer is to you about why it isn't released. People should have full information about this.

But it goes to the situation of change, Mr. Kimpson. And that's why, you know, you two are here. You're local leaders, state and local level. To make a difference this time, are you going to put forward a bill that says, "We need independent review immediately"?

Because what about the other officers who were there? This video is overshadowing those other officers, those who came in immediately and did not do CPR, as we see on the video. What did they file as reports? What did they confirm of this officer's account? We're not hearing about that.

[06:10:13] KIMPSON: Well, first of all, let me say that the investigation is not being conducted by the North Charleston police. The investigation, under South Carolina law, any time a police officer -- there's a police officer shooting that results in serious bodily injury or death, the state law enforcement officials investigate. Totally unconnected to the local. But...

CUOMO: Do you think that is entirely unconnected, Mr. Kimpson? Do you think having police investigating police is the right way?

KIMPSON: Well, listen, I'm not here to exonerate the North Charleston police or the system. What I wanted to clarify is that the North Charleston police is not in charge of the investigation. So they're a separate agency. They do interact. There is a lot of communication, because they have to interview.

But the essence of your point is well taken. Because this is a consistent narrative. Not just in Charleston, South Carolina, or South Carolina in whole. But it's a consistent narrative across the country.

If you read the officer's statement, that is consistent with officer statements across the country, of an immediate fear of bodily harm. And that is the Supreme Court standard used to exonerate many officers.

Now, in cases where video evidence is preserved, and you reconcile that with those statements, you find that they're totally inconsistent. In fact, last year we had a shooting of an unarmed citizen, African-American male, pulled over for a seat belt violation. And if you read the highway patrolman's, officer's statement in that case, you would have thought he was a hero. But when you look at the dashboard video camera, it's totally inconsistent.

So this is an issue that we must address nationally. Because I suspect it's a larger problem.

And obviously, you got a start at home if you have a culture issue there, you need to deal with it, that's why the investigation of these other officers and that leadership that came out echoing that officer's story early on is just as important a part of the analysis as the video from this brave young man.

But Ms. Williams, Mr. Kimpson, thank you so much for representing local leadership there, and the desire to see things be better in the future. Appreciate it.

WILLIAMS: Thank you.

CUOMO: You know what the questions are here. You know, the big one probably isn't the body camera. It's pretty obvious. Why not have body cameras? Is it just about money? They spend plenty of money on lots of things in government. Why not this? What are the bigger questions for you. Who should investigate? What are the culture issues? How do you change this? Tweet us or go to Facebook.com/NewDay. We'll keep the conversation going -- John.

JOHN BERMAN, CNN ANCHOR: All right. Thanks, Chris. We have questions out of Boston , as well. Should Dzhokhar Tsarnaev be put to death or locked up for life? That is the question after the Boston Marathon bomber was found guilty of all 30 counts against him.

CNN's Alexandra Field is live in Boston with the latest. Good morning, Alexandra.

ALEXANDRA FIELD, CNN CORRESPONDENT: Good morning, John.

It took 27 minutes to read out the guilty verdict on all 30 of those counts. Eleven jurors couldn't seem to look at Dzhokhar Tsarnaev, but one juror just couldn't take his eyes off of him.

(BEGIN VIDEOTAPE)

FIELD (voice-over): His life now in a jury's hands, Dzhokhar Tsarnaev showed no emotion as a court clerk read the verdict: guilty on all 30 counts against him.

Survivors of the Boston bombing waited nearly two years for justice, jurors handing down their decision after less than 12 hours. The chaos at the finish line witnessed firsthand by the city's acting mayor that day. He spoke to CNN's Jake Tapper after the verdict.

STEPHEN MURPHY, FORMER BOSTON CITY COUNCIL PRESIDENT: I'd like to pull a switch myself. Because I believe he's guilty and, you know, probably he should forfeit his life. But I think that feeds right into their warped sense of what they believe is important.

FIELD: In court, jurors, survivors and family members, some of them moved to tears, listening in silence. Dzhokhar showing no sign of remorse.

KAREN BRASSARD, BOSTON BOMBING SURVIVOR: Throughout this whole thing he's been -- to use my word -- arrogant, walking in and out of the courtroom and completely disinterested.

FIELD: Soon the jury of seven women and five men who found Tsarnaev guilty of the attacks that left four dead and hundreds injured will decide whether the defendant lives.

LIZ NORDEN, ADULT SON MAIMED IN BOSTON BOMBING: And I solely speak for myself. I want the death penalty.

FIELD: Rebecca Gregory survived the bombing. She says there will never be closure.

GREGORY: I may be standing on one fake leg, but I'm standing here, stronger than ever; because someone tried to destroy me, and he failed.

FIELD: The 21-year-old's attorneys will soon fight for his life, arguing he was a pawn of his older brother, who masterminded the attacks. (END VIDEOTAPE)

[06:15:13] FIELD: During the course of the trial, the defense has already started to try and lay the groundwork that Dzhokhar Tsarnaev was an impressionable teenager who was struggling in school, had lost his financial aid, was appealing to keep it in order to stay in school.

The defense has also said that they plan to talk about his family history, how he was left by his parents. They also want to make a case showing the jury some evidence of just how influential Tamerlan was on his life at the time he was 19, the time of those bombings. We'll see just how much of that evidence they are able to submit and show the jury when the penalty phase of this trial begins. It could start, Alisyn, as soon as next week.

CAMEROTA: OK. We will obviously be watching that. Alexandra, thanks so much.

Also new this morning: Iran taking a strong stand against limiting its nuclear program. The Iranian president says his country will not sign any deal unless all economic sanctions are lifted, the same day the agreement goes into effect. In the current framework, sanctions against Iran would be gradually lifted.

Meanwhile, in an interview with PBS, Secretary of state John Kerry says the U.S. is aware of the support that Iran is providing the Houthi rebels in Yemen. And he says the U.S. will stand with those threatened by Iran.

CUOMO: The White House is calling for an end to so-called conversion therapies that make baseless claims of curing gay and transgender youth. The Obama administration now supporting a ban, citing overwhelming scientific evidence that shows these controversial practices cause substantial harm. The White House responding to a petition signed by more than 100,000 people, saying the president was moved by the suicide of a transgender teen from Ohio, who took her life after being subjected to these therapies.

BERMAN: A huge water main break disrupting major subway lines here in New York City. Check that out. It's not supposed to look like that. That station just got flooded by water last night. Local streets also flooded. I think it was the West Village hit hardest, 1, 2 and 3 trains hit bad. At least 500 people had to be removed from a subway train underground during the evening commute.

Oh, my gosh. Officials say the utility crew might have struck a water pipe, causing a 12-inch break there.

CUOMO: Covered the third rail. Obviously very dangerous. That's the electrified one. That was a big challenge for those guys. On the upside, the cars got clean.

BERMAN: Where is all the water coming from? That's crazy.

CAMEROTA: Maybe they will improve the subway ride. Cleaner? CUOMO: For a while.

CAMEROTA: Nicer.

CUOMO: For a while.

Meanwhile, we want to get back to the South Carolina police shooting. So there are big discrepancies between the officer's police report and the eyewitness video. So we will compare those accounts for you and tell you what all that means to the criminal case.

CUOMO: Plus South Carolina, the big focus has been on what the police did. But what about that family? What about Walter Scott's mother, who you're looking at now, and his kids? What has this done to them so far? You'll hear from them later in the hour.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[06:21:37] SANTANA: I remember the police had control of the situation. He had control of Scott. And Scott was trying just to get away from -- from the Taser.

(END VIDEO CLIP)

CAMEROTA: That was Feidin Santana, the eyewitness describing what happened the moment before he captured the deadly encounter between a South Carolina police officer and Walter Scott on his cell phone. That video contradicts what police said happened. CNN has obtained the incident report. So let's look at the discrepancies.

Mo Ivory is a radio host and attorney. And Tom Fuentes is a CNN law enforcement analyst and former FBI assistant director. Great to have both of you with us here this morning to look at the police report versus what we see on the eyewitness cell phone.

First, on the police report, Mo, it says that around 9:30 a.m. on Saturday, Officer Slager pulled over a car for a routine traffic stop. Then a foot chase ensued. We don't see that on the video. For some reason, there was a foot chase. The driver took off running. And the police officer gave chase.

Then apparently, there's no description of this in the police report. But the witness says there was a struggle on the ground. There was a tussle of some kind.

Now, in the police report, this is what happens next. The police report says that the suspect took the Taser. Here's what he called in to 911. "Shots fired and the subject is down. He took my Taser." Here's what the video shows. You don't see Mr. Scott with the Taser, but you do see the officer dropping something that looks like the Taser near Mr. Scott's lifeless body. What do you see in these discrepancies, Mo?

MO IVORY, RADIO PERSONALITY/ATTORNEY: Sure, the first thing is let's go back to when they say they took chase. Right? He pulled him over for a routine stop, and then they took chase. Well, what happens in between he pulled him over and he took chase? Did he ask him to get out of the car? Why did he ask him to get out of the car? Was there some sort of verbal disagreement between them at the car? What would have been the reason that a chase would have begun?

So I believe that there is some sort of verbal altercation that we don't know about that took place between the officer and Walter.

CAMEROTA: Tom, if the suspect was able to get a hold of the officer's Taser, would that have justified anything that happened next?

FUENTES: Well I think, Alisyn, the issue there is that, if the officer, as reported by the witness, has already fired the Taser, then it basically turns into a paperweight. I mean, you have to reload it, put a new cartridge in, you know, set it up. It's a one-and-done type apparatus.

So if that's already been used, then the Taser doesn't really pose a threat to the officer. And then of course, when Mr. Scott takes off running, if he doesn't have the Taser with him or if he doesn't have any other weapon with him that's obvious, then he doesn't pose a threat to anybody else in the community, either, as a fleeing felon. You don't see him running away with a gun in his hand or a knife or some other weapon.

So you know, based on that, and based on the appearance of the video, it certainly appears that there's no justification for shooting him.

CAMEROTA: And by the way, the witness account says that during the struggle on the ground, the officer was always in control. That's how the eyewitness perceived it.

Let's look at the next discrepancy between the police report and what the video shows. And that's about first aid and CPR.

[06:25:04] In the police report, it says one of the officers who shows up next, says -- let me read it to you: "I arrived on screen and observed Officer Habersham administering first aid to the driver. I exited my vehicle and assisted Officer Habersham with first aid and CPR to the driver. We continued to perform first aid and CPR until EMS arrived on the scene."

Well, none of that is captured on the video. Now, it is possible that the video doesn't tell the whole story and that other officers arrived after what we're seeing here? But it still means that, in the critical first moments, after the shooting, nobody was administering CPR.

IVORY: Absolutely. Which is absolutely alarming. But which only goes further to the kind of protection that the police officer receives from the police force, even after an event occurs, because it was the police department that put this statement out that said this is what happened. Without having any time to investigate. Without knowing if it was true what the officer was saying, which really is a part of the systemic problem. The cooperation between the police department and the police officers' story, and so quickly to put that out as the truth. When we can so clearly see that that was not what happened at all.

So yesterday the mayor said, that all police officers are not even trained in CPR, which seems alarming just as a citizen. To think you can actually take someone's life, but you cannot save it.

CAMEROTA: Tom, how do you explain the discrepancy about the CPR?

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Well, first of all, as you mention, we don't see the entire tape. So we don't know if, at a later time, somebody does.

But second of all, having been a street police officer, oftentimes you worry about doing more harm. So if they came up and see that you have a body that's been shot several times. And in this case, there were reports that one of the bullets was through the heart, so CPR can actually do more damage than good.

CAMEROTA: But then why would the police officer write in the incident report...

FUENTES: Because we don't know -- we don't know when the filming of the video stops, we don't know when more officers arrived, that somebody doesn't start it. I'm just saying that...

CAMEROTA: Of course you're right, the point is it didn't happen in the first two minutes. This video lasts two minutes, so it didn't happen in those critical first moments of the injury.

FUENTES: Well, yes, we know that, that it didn't happen right away. And obviously, there's discrepancies in the report. But I'd like to add that, you know, this officer would not be in custody charged with murder, were it not for this video.

However, his story would have unraveled over time, with the work of the forensic investigators, with the work of -- and especially the state police now are handling the investigation by -- by South Carolina law. And the FBI conducting a parallel civil rights investigation.

So the forensics in this case would not have backed up what the officer said as far as the entire incident and the entire crime scene. So it would have unraveled. It just would have unraveled in three days' time as it did in this case.

IVORY: And I have to say, it might have unraveled, but it might not have unraveled, as we have seen in many instances, to the point where the officer would have been charged. And unraveling would have seen five shots to the body, four shots in the back, whatever it would have been. Yes, but we have seen in so many instances that, when the police department puts together a story and there is no video, there often is no indictment of the officer.

CAMEROTA: The video sure fast-tracked this one.

IVORY: Absolutely.

CAMEROTA: Mo Ivory, Tom Fuentes, thanks so much for helping us walk through all this. Let's get over to John.

BERMAN: All right. We have some severe weather in the heartland to tell you about, and it's now moving east. We're going to tell you who needs to be on the lookout today after tornadoes touched down Wednesday. We'll have the forecast, next.

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