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LEGAL VIEW WITH ASHLEIGH BANFIELD

Reaction To Indictment Of Six Officers In Freddie Gray's Death Vary; Spontaneous Demonstrations Erupt In Baltimore; Interview With Rep. Elijah Cummings Of Maryland. Aired 12:30-1p ET

Aired May 1, 2015 - 12:30   ET

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


[12:30:00] ASHLEIGH BANFIELD, CNN HOST: Saying that these officers all six who have been charged at least one seriously charge with second degree murder they also deserve their due process that they also are entitled to the rule of law.

Also saying that the new Department of Justice have the Attorney General Loretta Lynch also involved in speaking regularly with officials in Baltimore to help in this process.

We are back live with the evolving situation on the streets of Baltimore and across the country in just a moment.

(COMMERCIAL BREAK)

BANFIELD: Welcome back to our breaking news coverage on CNN. I'm Ashleigh Banfield live in Baltimore.

We want to welcome our viewers here in the United States and around the world. I want to show you some of the reaction to the announcement that six officers are now facing charges in the death of Freddie Gray who was in their custody upon being arrested. On the left of your screen the streets of Baltimore erupting into

spontaneous demonstrations, many of them celebrations, but also on your right you can see the mobilization of some of those National Guard vehicles.

Now some of these are Humvees, the ten ones are actually armored Humvees. The ones that you might see in your screen coming through that are camouflaged are soft sided Humvees and some of the larger trucks are these light medium tactical vehicles that are also in the streets and they're transporting many of the National Guards members around the streets of Baltimore.

[12:35:02] They are on the move here in Baltimore. There are also spontaneous demonstrations that have erupted on the other coast as well. In Oakland California we can tell you that dozens upon dozens of people have come out into the street there as well.

I will remind you this is May Day International Workers day. So many protests may already have been scheduled prior to this very surprising announcement today from the states attorney here in Baltimore that the six officers will in fact face charges and naming all the different charges. But nonetheless people are emerging out into the streets spontaneously here as well in Baltimore. We've seen a number of people coming by with signs. Many of them very vocal as well, certainly when the charges were read on the steps of the war memorial, a lot of people cheering in fact.

I want to go through for you exactly what these charges are and which officers are facing what because they are different, depending on the role that those officers played.

I'm going to start with Officer Garrette Miller, who's facing assault in the second degree, misconduct in office and false imprisonment.

Sergeant Alicia White is facing manslaughter, involuntary manslaughter, second degree assault and misconduct in office.

Officer Caesar Goodson the driver of the van perhaps facing the most serious charges and the most charges. He is facing second degree murder with a depraved heart. He is also facing involuntary manslaughter, also facing second degree assault, also facing manslaughter by vehicle in gross negligent manner, manslaughter by vehicle and in criminally negligent manner different because they yield different sentences, misconduct in office as well.

Officer William Porter, involuntary manslaughter, second degree assault and misconduct in office.

Officer Brian Rice, manslaughter of the involuntary nature, second degree assault, misconduct in office and false imprisonment as well for the way that Freddie Gray was arrested and transported.

Officer Edward Nero, second degree assault, misconduct in office and also false imprisonment. And we should let -- we should mention as well that the number of sentences that are attached to each of these charges go in the decade. So these are extraordinarily serious charges that each of these six officers will be facing predominantly the driver facing that second degree murder charge.

I want to welcome now to our set Congressman Elijah Cummings, who was just giving an ad hoc news conference not far away.

Congressman, thank you for taking the time to come by.

REP. ELIJAH CUMMINGS, (D) MARYLAND: Glad to be with you.

BANFIELD: It's great to be with you. I want to ask one of the most serious questions that emerges after so many people so, delighted, I mean laided (ph) the charges have in fact been filed arrest warrants have gone out. Charges are one thing. Convictions are another thing.

CUMMINGS: That's right.

BANFIELD: As we all remember from the Rodney King riots. Those riots erupted in 1992 because the four officers if (inaudible) were arrested, they were charged, they were tried, they were acquitted. CUMMINGS: Yeah, well my main concern right now is that the wheels of justice are rolling for this young man who died, you know, there's a process. Our judicial system, there's a process. And we'll go through that process and we'll get through it.

But again in this morning just this morning on this network I said that whatever Marilyn Mosby decided it would be fine with me.

BANFIELD: Did you expect to hear it all these --

CUMMINGS: No I did not, I did not, I did not. I mean now what's she would do.

BANFIELD: Shocking.

CUMMINGS: But I know her, I know her. And I know she's a brilliant young lawyer. And she is the one who lives not very far from me in the intercity. She is a well educated, she has the odd most integrity. And I knew that she would take a look at the facts size them up with the law and make a reasonable fair judgment at the thorough investigation.

I also said this morning that she knew that she had the force of the United States government behind her. In other words, if she was that satisfied and what she got from me but most in the police she could always go to the FBI for help.

BANFIELD: Just as you were walking over here in fact the president released some live comments to take from the Roosevelt Room in the White House suggesting that the force of the DOJ and the new Attorney General Loretta Lynch will be here for the officials in Baltimore as they go through this process.

I want to ask you as well though the police union representing these six and all of the other officers, half of them black, half of them white many of mix race as well and Hispanic as well. And other races as well. That union has said that they want to see an independent special prosecutor instead of this prosecutor, what's your reaction?

CUMMINGS: Again we have a prosecutor who's willing to take this one. And we elected her -- the people of this city elected her. And so she is well qualified to do this to the states and many instances things like this have happened and there had been no charges.

[12:40:09] And so I don't know what they said in those instances where prosecutor or our grand jury decided not to charge. But I don't want to get too deep into the charges because this is an ongoing case, I'm a lawyer and I'm always an officer of the court.

But again we just want justice to be done. I said it over and over again that we wanted a search for the truth, the whole truth and nothing but the truth. And I think that's what she's doing pursuing the truth. And the jury will hear the case and they will make a decision.

BANFIELD: So as a lawyer I am so delighted to be able to ask you this with the congressman and the lawyer title both. You would probably seen many courtrooms where things don't go exactly as planned.

CUMMINGS: Right.

BANFIELD: Especially when you have you multiple defendant.

CUMMINGS: Sure.

BANFIELD: All involved in an emerging crime, an emerging situation I should say alleged crime at that time. Because there are six people who undoubtedly will be able to do this. It was him or her who did it, it was not me who did it. It creates that thing that we call reasonable doubt that is so critical in the courtroom.

Are you confident that that will not be the emerging story from this case and that all six it will be too much doubt for all six to get a realistic convictions.

CUMMINGS: Yeah, there are all kinds of cases when you have that kind of situation and I am convinced that again, she will present her case it will be, they will have their defense council and that case will be presented to a judge and jury and will make a fair and reasonable decision period.

BANFIELD: Can I ask you, congressman, did Marilyn Mosby have a choice? I mean if you think really did she have a choice because if she stood that all steps sir and said "We just can't find probable cause, we don't see any indictments down the road." This town might have burned.

CUMMINGS: Ma'am you don't know Marilyn Mosby. She had only one choice, just one. And that is to do what she believed, knowing her that was the only choice period.

That's what -- and that's by the way that's what justice is all about. That's what justice should be about. And that's what I said this morning before I knew anything whatever she decided because I believe in her, in her integrity and her brilliance that she would do what was right. And I was willing to accept it -- whatever it was.

BANFIELD: Congressman thank you so much for taking the time, I know it's a busy day. And the best of luck to you as well as you navigate through with your community. There's a lot of communication that's needed in this town.

CUMMINGS: We've got to work -- we got a lot of work to do.

BANFIELD: You have the weight of the world on your shoulder.

CUMMINGS: Yeah thank you.

BANFIELD: Best of luck to you, I hope you come back and speak with us again.

CUMMINGS: Thank you very much.

BANFIELD: Thank you sir. CUMMINGS: Bye, bye.

BANFIELD: There's so much to continue covering as well because not only do we have the demonstrations here in Baltimore but also across the country. And it's only Friday during the day, school is not out. And workers are not out and night fall hasn't happened. Will there be protester demonstrations, will they be jubilant or will they will be violent?

We're back right after this.

(COMMERCIAL BREAK)

[12:46:35] BANFIELD: I want to welcome back to our breaking news coverage live in Baltimore. I'm Ashleigh Banfield at the City Hall where there has been sort of a spontaneous verse of energy post the announcement of six officers will be arrested and charged in the death of Freddie Gray.

One of them in fact facing murder, the other is facing an array of charges from assault and misconduct in office to a various number of different charges depending on who the actual officer is and what that officer did.

I want to bring in two of our guest to talk about this, they had been in the middle of the story since it erupted. A. Dwight Pettit is Human Rights Lawyer, Civil Lawyer and also for the campaign manager from Marilyn Mosby the state attorney who announce those charges today and Brandon Scott is a city council member here in Baltimore but also founder of the 300 man march.

And first to you Mr. Pettit were you surprised at the speed at which we got all of these resolution thus far I will say because this is an evolving process it's only the person process adjusted but to hear of all of these charges in details from Marilyn Mosby so early in the process.

A. DWIGHT PETTIT, CIVIL RIGHTS ATTORNEY: I was surprise that the speed, I did not expect that this morning even though it's a pleasant surprise. But when she articulated the charges and the facts and said that our office have been working around the clock.

I know that she looked at the evidence and like she said she had a lot of evidence that the police department has (inaudible) yesterday. But she also said another thing that I think that outstanding she asked -- she looked to the sheriff's department. As well as our own agency for investigatory assistance, so and that's something that's very usual because people forget that the sheriff is independently elected just like she is.

So it sounds like she had a lot of adducts (ph) in place before the police report came to her attention. And one of the things that I'm concerned about and one of the things that I think that prompt the decision on what she said the autopsy which is usually crucial in this type of case, indicated that it was homicide. So that gave us supporting basis for her to in fact seek the charges that she is in fact seeking. Now you're correct this just probable cause at this point in time. But I am very pleased that she did not over charge. She didn't try to do what the public wanted and murder one for everybody she went murder two and she went down with the very substantial list of charges which is seems to me that she believe that she can make improve when in fact they do get to trial.

BANFIELD: Council Scott, I'd love to ask you the same question about the surprise but I want you to add to that that you've got, you have a heavy agenda today, you got the 300 man march, who's council (ph) to be out in the streets again. What kind of demonstration will this be?

BRANDON SCOTT, BALTIMORE CITY COUNCIL: Well (inaudible) march we're in (inaudible). We have (inaudible) march against violence in the city but we don't take one (inaudible) other. We care when police, we have police brutality we care when citizen kill citizen, we care about domestic violence, youth violence.

So what we'll doing out there this is a event for most our events have remain (ph) only but tonight we'll be occupying the corner actually is the corner where I grew up at culturing (inaudible) in Baltimore city and we're going to have woman and we're going to children up there just showing that we want violence to end in our city and our community.

We are about looking it from also from a self responsibility standpoint.

BANFIELD: You expect that there will be violence though?

SCOTT: No, I don't despite (ph), we don't have or have any issues of any of our events. We don't have issues in our event. And again this is something that the world needs to build. Most people in Baltimore city are not violent. Counties that what they're been seeing a little less (inaudible).

BANFIELD: So the police union at this point Mr. Pettit is calling for a special prosecutor an independent prosecutor to take over.

[12:50:03] They had said in an open letter to Marilyn Mosby, the state attorney here in Baltimore, that they believed these officers were only doing their jobs and that they never intended to end the life of a person when he came to work that day, and that they are not guilty of the crime against them.

PETTIT: Well, I think this is a done deal. Now that she is indicted. I think I think to call by them and mark and that was defensive. I think they were anticipated that charges would become and that's why they screamed out of the defense mechanism to ask for an independent prosecutor. We've never heard that as whole. And I know that with hundreds of cases that I've handle.

And so, that is sort of unique coming from SOP. And I just believe that they try to anticipate her, but as the congressman comments and said, she is duly elected, she is the Baltimore City State Attorney, she has the primary jurisdiction, she has act it. And I see no basis at this point in time when an independent prosecutor if authorized by law to even come in and I don't believe this is authorized by the law.

BANFIELD: Well, Mr. Pettit and Council Scott thank you so much for being a part of this today. And I hope the best for the city. And I hope the things are peaceful. And the demonstrations that are sure to evolve. Thank you again for being here today at this time.

And we still have a lot ahead. Again, as I told you, there are not only dozen spontaneous demonstrations that have erupted here in Baltimore, probably not unexpected, but there are also demonstrations right across the country. We're going to keep you update as to see exactly what's happening.

And we're also going to figure out what about that probable cause, what about this back pattern, how much weight might it actually carrying, what are the chances that these charges could end up in conviction.

(COMMERCIAL BREAK)

BANFIELD: Welcome back to Baltimore. I'm Ashleigh Banfield reporting live on a day.

[12:55:01] That was a real surprise to so many of us here, the announcement of charges against all six officers involved in the death of Freddie Gray here in Baltimore. It sparked protest. It sparked looting. It sparked violence and week of introspection of the legal system. And now, the legal system is in play.

I want to bring in our legal analyst Mark O'Mara and Lisa Bloom and also have the President of the Black Law Enforcement Executive Cedric Alexander, who is with us as well.

Mark O'Mara, first to you, if I could ask you about the probable caused that the state attorney, Marilyn Mosby, said did not exist for the arrest of Freddie Gray that yielded charges against several of these officers alone. And yet, there is a Supreme Court opinion that said if you're on a high crime area and you run from police, that in itself is probable cause. What am I misunderstanding?

MARK O'MARA, CNN LEGAL ANALYST: Well, here's the thing, the probable could be the allowance to stop is OK based on a high crime area when you run, so they can stop him and arrest (ph) him, but can they arrest him? I think what the prosecutor say was the have the right to stop to him. They did not have a right to arrest him. And that's the big difference. They suggested that the arrest was based upon the knife, which she say was a legal knife, so there was not probable cause to arrest.

Then when they arrest him, now he is in their care and custody. They have to treat him properly and any other citizen accused. And if you look at it, what the prosecutor would do is take it's step by step and say, "Once the police had the responsibility to treat him properly, it's their responsibility," and they failed in their responsibility along the way. BANFIELD: Lisa Bloom, you heard the state's attorney list out the narrative leading to the charges for each and everyone of these officers. And you and I have been in courtroom together, where we see defense attorney with multiple defendant pointing at each other, and it is a very strong tactic for defending because it creates reasonable doubt. What do you think the chances of these charges ticking to all of these officers is?

LISA BLOOM, CNN LEGAL ANALYST: Well, first of all, how sad that we're all so shocked that a local prosecutors actually standing up for the rights of an African-American victim against police violence, but we are shocked because it happens so rarely. It did happen today in Baltimore. Thank goodness. That's just the beginning.

Will these policers all turn on each other? Maybe, or we'll we have to continue blew wall of silence that we see in so many cases.

You know, what's also striking about today, Ashley, is it almost everything this prosecutor has said is directly in contradiction to what the police have been saying over the last couple of weeks in terms of no reason for the arrest. What happened in the van? How many staffs there were in the van? Freddie Gray begging for his life from police officers who were sworn to protect him.

So, either she is telling the truth and she's got it right, or the police officers, six of them, not just one or two bad apples, but six of them, have been lying consistently ever since this incident.

BANFIELD: So, Cedric Alexander, you know, just bouncing off what Lisa says that the police union has already written an open letter to the state attorney here, Marilyn Mosby, saying they want an independent prosecutor to take over. They want a special independent investigation and prosecutor to helm this process from here on end, because clearly there is disconnect and a divide between the narrative of the police and the narrative of the special prosecutor.

CEDRIC ALEXANDER, PRESIDENT NATIONAL ORGANIZATION OF BLACK LAW ENFORCEMENT EXECUTIVES: Well, you know, that should be pretty much expected, I think, for many police union across the country. They're certainly going to respond to their own police constituents.

However, at the end of the day of all of these, Ashleigh, I think what is important here is the fact that that community has probably received what it felt it needed to and what they felt was fair. However, there's still a judicial process that still has to take place, and that would take place going forward.

But for the union to take a stand for their people, that's not unusual in that community. And I'm quite sure that the prosecutor there, Ms. Mosby, will also make the proper decision as to whether she should stay in the role that she's in or goes to special prosecutor, which I doubt will happen.

(CROSSTALK)

BLOOM: -- asking for special prosecutor. BANFIELD: OK. Yeah. That's a good point to make Lisa. Thank you.

So Mark O'Mara, if you could just run down for me the narrative of the state attorney is that the driver of the van really bares the utmost responsibility in this alleged crime in that way that he didn't allegedly check and administer appropriate medical attention.

After the check, six different times, he didn't administer, he didn't help this person and instead place him face down, head first, cuff and leg iron in this van and continue to go about the various different stops. Do you see that at the case that's easy to make? Or is that a complicate case with a number of different scenes that all need to be investigated by a number of different witnesses?

O'MARA: It's going to be quite complicated to prove up. But I think what she's done was she's focused on the cop's responsibility to treat him properly and that doubted to do so, and that begins with --

[13:00:13] BANFIELD: You know what? Unfortunately, I've just lost our connection.