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LEGAL VIEW WITH ASHLEIGH BANFIELD

Reaction to the Baton Rouge Shooting. Aired 12-12:30p ET

Aired July 6, 2016 - 12:00   ET

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


(COMMERCIAL BREAK)

[12:00:06] ANNOUNCER: This is CNN breaking news.

ASHLEIGH BANFIELD, CNN ANCHOR: Hello, everyone. I'm Ashleigh Banfield. And welcome to LEGAL VIEW. We're going to be doing a lot of breaking news this hour. Two major stories are breaking during this hour.

We're expecting live events for both of these stories at any moment. Hillary Clinton is scheduled to speak in just a few moments in Atlantic City. That is on the left side of your screen. And her target, Donald Trump's business record. But will she also talk about her e-mail controversy? We're going to bring that to you live just as soon as that gets underway.

And on the right-hand side of your screen, in Baton Rouge, Louisiana, we are expecting any moment to hear from the mayor of Baton Rouge and the police chief. Those open mikes are ready and waiting. All of this after stunning video showing a man pinned on the ground who was shot and killed by the police there.

And while we wait for that news conference to begin, there are a couple of things that you need to know for context in this emotionally charged story. It's all about this man, Alton Sterling. This, as his family and friends want him to be remembered this way. The 37-year-old man was shot to death yesterday early morning outside of a convenience store where he sold CDs and DVDs.

And the video we're about to show you was taken from inside a car. The video is very graphic. And it is very disturbing. And you need to make sure there are no children in the room if you are going to watch this video in just a few moments.

We're going to play this video only once in its entirety, unedited, because it is critical that you see these details for yourself. The details are what are going to be analyzed and assessed and investigated for days, if not months, if not years. So with that warning, here is the video.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Get on the ground! Get on the ground!

(INAUDIBLE)

UNIDENTIFIED MALE: He's got a gun! Gun! (INAUDIBLE)

UNIDENTIFIED MALE: Oh, my God.

(INAUDIBLE)

UNIDENTIFIED MALE: Oh, (EXPLETIVE DELETED).

UNIDENTIFIED FEMALE: Oh, my God.

UNIDENTIFIED MALE: They shot him?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED MALE: Oh, my (EXPLETIVE DELETED) goodness.

UNIDENTIFIED FEMALE: I can't believe it.

UNIDENTIFIED FEMALE: Why?

UNIDENTIFIED FEMALE: Oh, my God!

UNIDENTIFIED MALE: Oh!

(END VIDEO CLIP)

BANFIELD: That is what is making the rounds on social media. It is being viewed over and over again. And while that video sinks is, you should know the context of it. At least what we know led up to what you just witnessed.

Police say an anonymous call came into 911. The caller reporting a man threatening him with a gun. The dispatch audio of the initial call on Mr. Sterling was just released this morning, along with the audio of what happened after that shooting from those officers. So take a listen to both.

(BEGIN VIDEO CLIP)

DISPATCHER: Copy, suspicious code two at 2100 North Foster across from Fairfield. Selling CDs on the corner. Gun in his pocket. He pulled the gun on the complainant and told him he couldn't be around there.

OFFICER: 290, shots fired! Shots fired!

DISPATCHER: Copy, shots fired North Foster, 2100 North Foster - Fairfield.

OFFICER: Both officers OK, subject is down, I need EMS code three!

DISPATCHER: Foster and Fairfield.

(END VIDEO CLIP)

BANFIELD: So there are a lot of details, and there are a lot of details missing. Polo Sandoval is following this story, trying to piece together a lot of this puzzle.

And, Polo, I am not going to for a moment suspect that you can do that because I don't think anybody can do that just as of yet. But the governor of Louisiana took to the microphone to get out in front at least and say what he knew, what he thought and what the reaction is. So keep me up to speed on where we are there.

POLO SANDOVAL, CNN CORRESPONDENT: Well, the headline there, Ashleigh, was that this investigation is no longer in the hands of the locals - the people and the agencies that will be in charge of investigating what took place early Tuesday morning will be the Department of Justice Civil Rights Division, and they will also be working alongside the Louisiana State Police.

What's interesting there, having been in Baltimore, having been in Ferguson, we typically see the Department of Justice get involved. But what is fairly unique here is that they are now getting into place here, or at least getting involved, less than 48 hours after those questionable shots were fired. So I think what that does, it really speaks to the sense of urgency among officials at the local level, at the federal level. And as you're about to hear from Louisiana governors, from his take also at the state level, to try to find really a measure of justice, or at least to try to find some answers for what did, and what didn't happen that night. Take a listen.

[12:05:07] (BEGIN VIDEO CLIP)

GOV. JOHN BEL EDWARDS (D), LOUISIANA: I want to announce that the lead agency conducting the investigation in this matter will be the United States Department of Justice Civil Rights Division. They will be assisted by the middle district of Louisiana U.S. attorney's office and the FBI. I've also tasked Colonel Mike Edmondson (ph) and the state police to assist them as necessary and as they call upon the state police to help them throughout this investigation.

I have full confidence that this matter will be investigated thoroughly, impartially and professionally. And I will demand that that's the way it's conducted.

(END VIDEO CLIP)

SANDOVAL: And it's easy to pick up what is that main message that the governor wants the community to hear, that reassuring tone so as to keep any future protests, any demonstrations peaceful. We saw plenty of them on the streets yesterday that did, in fact, remain peaceful, and that's what they want to continue to see.

And then, of course, we are also digging into the past of who Alton Sterling was. We do understand he did in fact have a criminal record, according to his family, and some of the records that we dug up. Yes, he did have at least - at least one prior conviction. But also we're hearing from his family. They are telling us that not only was he a husband, but he was a father too. And, obviously, they are feeling a tremendous amount of pain right now.

(BEGIN VIDEO CLIP) QUINYETTA MCMILLAN, MOTHER OF ALTON STERLING'S SON: As this video has been shared across the world, you will see with your own eyes how he was handled unjustly and killed without regard for the lives that he helped raise. As a mother, I have now been forced to raise a son, who is going to remember what happened to his father that I can't take away from him.

(END VIDEO CLIP)

SANDOVAL: This is obviously going to be a very difficult time, especially as they try to find those answers because, as we mentioned, he was a husband but he was also a father as well. We even saw Alton Sterling's son there by - at that press conference, obviously break down and then seek comfort there with some of the people, some of the support system that's been in place for Sterling's family.

But again, the main undertone here, it's - there's a lot of different layers to this. There's a lot of different investigative threads. And what authorities are asking for right now is in essence some patience as they continue to try to get their hands on as much evidence as they can because, we have to remember here, Ashleigh, we only have about a 45 or 48 second window into what happened that day. We still need to see surveillance video that was shot at the store, and then, of course, what other witnesses had to say, including the person that initially called that report in of a man with a gun.

BANFIELD: And, Polo, that video that you were just showing is - there's just no other way you can describe it, heartbreaking. And I'm referring to just the last video with the son, breaking down as his mother was, you know, giving that news conference. And then the video before that, you know, he has seen it. She said during that news conference that he, at 15 years old, has seen the video of his own father being shot. So the - you can understand the emotions on this story that are raging.

Polo, stand by, if you will. Thank you for the report.

I also want to dig into some of the facts that will be so critical to this case. It's the legal view that will follow from here, alongside that emotional view. CNN legal analyst Paul Callan is here, a criminal defense attorney and a former prosecutor himself. He joins me live. And also with us live, CNN law enforcement analyst Cedric Alexander. He served as president of the National Organization of Black Law Enforcement Executives. He's also written a brand new book called "The New Guardians: Policing in America's Communities for the 21st Century."

So you both are excellent voices to weigh in at this very early stage. And I say early stage. We are waiting on this news conference, gentlemen, so I may have to interrupt this interview because the mayor, as well as the police chief, are going to give their take on this for the very first time at any moment now. In fact, we were expecting it about nine minutes ago.

But the very first thing I need to ask, Cedric Alexander, if I can, from a law enforcement perspective, I don't know that the responding officers knew of any kind of criminal background of Mr. Sterling. Would it make any difference in the way they respond, and how quickly they may actually act in terms of the way they did?

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, you know, here again, Ashleigh, I think that would be very mindful. We're still very early in this investigation. This is very painful, that family, which we can obviously see, for that community and for that police department and officers involved.

But let me say this, is that that 911 tape that we heard, they were responding to a call with a man with a gun who had pointed it at someone. So certainly they're going to take up a tactical position because once they approach him, they don't know who he is, what he has in his possession.

[12:10:06] The optic that we saw on that piece of video certainly is very graphic and very disturbing to all of us that see it. But I think it's going to be the course of the investigation that is going to reveal what happened, what did not happen, what should have happened. I mean we've got to see it in its entirety.

But here's what's very important in this case, Ashleigh, very early on. I'm glad to hear that that community have outside entities that are going to be investigating this case.

BANFIELD: Cedric, I'm going to interrupt you just for a moment -

ALEXANDER: Yes.

BANFIELD: Because that news conference is starting live in Baton Rouge. Let's listen in.

UNIDENTIFIED MALE: I want to thank everybody for being here.

First off, we want to start with Reverend Gerard Robinson of McKowen Baptist Church to give a statement and a brief prayer.

REV. GERARD ROBINSON, MCKOWEN BAPTIST CHURCH: Let us pray.

Eternal God our Father, we've come to ask that thou look down and have mercy, God, on our city, on our communities, and on our officials. God, we pray that thou would now lend us your wisdom, your knowledge and your understanding. That we will do and say all of the things that will be pleasing in thine sight. For you have said that it is you, oh, God, who have called for peace and that we will be just toward all of our brothers and sisters. And so, God, we put it in your hand, knowing that you would do all things well. And we thank in advance for what you're going to do, even in this situation. Amen.

I'm Pastor Gerard A. Robinson Sr., of the McKowen Missionary Baptist Church and I've come on behalf of the faith-based community and our community at large to talk to these, our city officials, and we have come to request and ask and ask to them and say to all that we are concerned about the senseless killings of African-Americans in our communities and people of color. We've come as a community leader to request and ask that there be complete transparency in the investigation of this incident.

We've also come to suggest and request that there be an independent and separate investigation by the U.S. Attorney General's Office and the Federal Bureau of Investigation to ensure that there is no bias or no leniency in regards to how this investigation is carried out. We look forward to them doing what is right. We look forward to them doing what is just.

I'm also here to submit to our community that when injustice is done anywhere in our country, anywhere in our cities, that we have a right to protest. And that we should protest for those things which are right and in the best interests of our community. However, we do want to suggest that all of our protests, all of the people who will be protesting, that you do it in order, and that you do it as peacefully as possible. That it will serve our communities no good to have anybody else harmed, or anybody else hurt in this situation. And to allow the arms of justice to do what it is supposed to do and trust that it will work in the best interests of our people and our community.

CHIEF CARL DABADIE, BATON ROUGE POLICE: Thank you, pastor.

I'm Chief Carl Dabadie with the Baton Rouge Police Department.

I want to thank all of you for coming this morning, those of you in the room that's here, I also want to thank those watching live and those that will watch and read about this later.

As a community, when difficult things happen, it's important to have an honest conversation about it. What we want, what we know to be true and how to ensure that justice and accountability are held to the highest levels. To begin, I'd like to share with you what I know.

Early yesterday morning, we experienced a horrible tragedy. A life was lost. That life belonged to 37-year-old Alton Sterling. Yesterday's events began around 12:35 a.m., when two of Baton Rouge Police's uniformed officers responded to a disturbance call at 2112 North Foster Drive, where the Triple S Food Mart is located. The call came from someone who stated that a black male selling CDs and wearing a red sweatshirt threatened them with a gun.

When officers arrived, Sterling was armed, and the altercation ensued that resulted in the loss of his life. Exactly what happened at this time is the reason we are here today. Like you, there are a lot that we - there is a lot that we do not understand. And at this point, like you, I am demanding answers. Like you, all my prayers are with this community, and especially with the family and loved ones of Mr. Sterling, and all the members of the Baton Rouge Police Department who are working hard every single day.

[12:15:32] The officers involved in yesterday's events were Blane Salamoni, a four year veteran of the Baton Rouge Police Department, and Howie Lake, a three year veteran of the Baton Rouge Police Department. Both officers have been placed on administrative leave pending the investigation. The investigation is now ongoing. With that being said, and echoing what Pastor Robinson said, it is our goal and our mission to make sure that a thorough, just, transparent and an independent investigation be conducted into this incident. Therefore, I have spoke with Walt Green, our U.S. attorney. I have spoke with the FBI. I have spoke with Colonel Edmonson and we have found that we are going to turn the entire case over to the U.S. attorney's office and the FBI to conduct the investigation from this point. We feel that it is in the best interest of the Baton Rouge Police Departments, the city of Baton Rouge and this community for this to happen. So that is happened immediately - actually, it's already happened and it is now in the hands of the U.S. attorney.

That investigation is being - is - will be - will - the U.S. attorney will lead a fair, objective review of the tragic circumstances that have led to this event. We have been in constant communication with them throughout the past 24 hours. And we'll continue to be in contact with them and work with them in any way that we need to, to make sure and assure this community that it is transparent, neutral investigation will be done.

In preparing to speak with you today, it is important for us to understand that we had - that we have as many facts as possible and had communicated with all the other necessary authorities prior throughout this entire investigation. As the governor - as Governor Edwards stated this morning, we know this investigation will be thorough, and we thank you in advance for your patience and as we work to get the answers that we all want. Through the investigation conducted by the U.S. attorney and assisted by the Louisiana State Police and the FBI, we will take it - we will be comprehensive into taking into account any and all evidence, including full audio and video from both officers body cameras, dashboard cameras and any other video that we have obtained, such as those that have circulated online, as well as statements from numerous witnesses who were present and on the scene.

With that being said, if you have any information, including any photos, video footage, or if you witnessed the altercation, we urge you to come forward. All evidence and information is helpful in the investigation process, and no stone will be left unturned. If you have any such information, please contact the U.S. attorney's office so that we can get that information from you.

Today, I speak to you as chief of police, but more importantly as a fellow member of our Baton Rouge community. We ask for your voluntary compliance to our laws and peaceful assembly with any gatherings that may be planned. We encourage you to plan and protest as Pastor Robinson said. We don't have issues with that. We just ask that you do it peacefully and that no one gets hurt or injured.

Despite the events that we are here for this morning, I want to remind everyone that we have hundreds of officers that risk their lives every single day and have a very difficult job and we will continue to work in this community and for this community throughout this event. Thank you.

Mayor. MAYOR-PRESIDENT MELVIN L. "KIP" HOLDEN, BATON ROUGE, LOUISIANA: Thank

you, chief. Good morning. I'm Melvin L. "Kip" Holden, mayor-president of the city of Baton Rouge, of parish (ph) of East Baton Rouge.

Of course we all feel the pain of what's happening in our community. It's a sad day and a tough day when you're confronted with the situation and the challenges that face you in these positions in which you were elected to or appointed to. I can say this, let me personally thank the president of the United States and his staff, from early this morning we received nothing but calls from the president's office asking what ways they could help, and volunteering to do whatever they need to do to make sure justice is served.

[12:20:02] Let me also thank our governor, who also has stepped out, again, with phone calls and talked to us about the role that he will be playing. Let me thank the state police for what they are doing, and you'll hear more about the roles that will be played there. But, in particular, the Justice Department, when we talked about that, and (INAUDIBLE) we've always said we must have transparency. And so - and also the chief has said, but we started talking about this yesterday in terms of transparency.

This just wasn't an idea that hit us for a press conference today. When the citizens out there, they are our taxpayers. Where taxpayers come to words accountability. With accountability comes the burden of making sure, and maybe it's not really a burden, but the responsibility that's delegated to you, it must be carried out in a very thoughtful manner and a manner that satisfied those who pay our wages and our salaries. But at the same time, a manner that assures them that we're not here to hide anything at all, and that we believe that justice will be served.

But the other part is simply this. You know, you find people now who want to jump and everybody wants to make a political statement, including the Justice Department. You know, we got congressman from New Orleans saying, well, I'm calling for a full investigation. Well, we've already been working on that. It's not like we need to be a hand-held and spoon-fed when it comes down to doing what's right. And so when we tell you these things, and what's going on is very, very important that you understand, we are doing our best to make sure we get all the answers.

But one call that came in today was really one of a mayor, Mayor Stephanie Rawlings Blake, out of Baltimore. And that call meant a lot from the standpoint that Baltimore has been through the same thing that we're witnessing her in Baton Rouge. And she said we want you to know that we are willing to reach out to your city any way possible. But she not only stands up as the mayor of Baltimore, but the past president of the U.S. Conference of Mayors. And so, therefore, we've had calls from all across the United States with mayors offering their help and their prayers for the citizens of Baton Rouge, but also for those who are working this case.

I will tell you this, we are an inclusive community. When you look at what has happened in Baton Rouge, over the past 12 years, there are not many cities that can say it has a number one rated police department, fire department, and EMS. We can say that. And that rating has been ours for a number of years.

We are an inclusive city. When you look at the other ratings, we strive on excellence. And I'll tell you that manner of excellence will not be lost in this investigation. But we want to make sure that we ensure the integrity of this investigation. That's why I'm happy to see the Justice Department step in.

I'll close by saying this. This city is only as great as a sum of its parts. To be a great city, the sum must equal the whole. We have a wound right now, but we'll be healing and making this city and parish whole again.

Thank you and God bless you.

HILLAR MOORE, BATON ROUGE DISTRICT ATTORNEY: Good morning. I'm Hillar Moore. I'm the district attorney of Baton Rouge.

A lot of people here from out of our city, out of our state, from nationwide. You are here with a lot of local media. I just want to let you know that we have a fabulous local media that we rely on that carries the story, whether it good or bad, and they've treated us very fairly throughout the years. And I expect that those media that are here from out of town that do not know us, or know our community, that you will treat us the same. And we welcome you to come to us and ask us questions.

And I want to let you know that you are in a community that is a very good community. Despite the one issue that you're here for, this is a great community. Whether it's just the citizens itselves, the representatives of faith-based in our community, the different police departments that are here, this is a city that has been doing very, very well.

Despite the issue that you're here for, this year, in the city of Baton Rouge alone, murders have decreased by 37 percent, and since 2012 by 50 percent. In the parish, down 25 to 30 percent parish wide. And that number has steadily gone down since 2012.

[12:25:05] These different people, the community members that are here, have worked very hard with the police department and the community leaders to reduce the number of murders. That's been our goal. And our focus has been on young black males. Young black males that are in groups and gangs that are highly at risk and on the less marginalized side of our society. So when we have events like this, without coming to any judgment or any conclusion, because there's a lot of work to be done, this hurts, we would wish - it's out of our hope and our wish that we would have this many cameras and this many microphones at the least person that you may consider in our community that leaves - loses his life to any type of violence. But when we show up at scenes, we see nobody except ourselves and a family that's left behind. And then when you have events like this, things are picked and choosed, and you have this type of event. But we hear for every soul, every person that gets injured, whether it's a police officer, whether it's one of our community members.

So to the night of this morning, this occasion, the district attorney's office went to the scene, along with the chief of police and all of the others. We have an officer involved shooting protocol. And at that scene that night, the chief and I began the discussions as to how this case would be handled. Is it more appropriate in this case based on what you see at the time, and which is not the whole picture? Do you call it an outside agency? Do you call in the federal authorities or not? We have continued to discuss that from that morning. We were there at the scene I think for six to eight hours, came back, regrouped. As the investigation continued, obviously, things had to happen. People had to be interviewed quickly because we want to get those - that information as quickly as we can about people scattering or losing their memory that they have.

We continue to work on, what is the best way for us to handle this particular case. And at that point is when the discussions began of speaking with representatives of the state police, their hierarchy, as well as the colonel of the state police. And later on, yesterday in the evening, reaching out to the United States attorney and the FBI, which eventually culminated in a meeting this morning with the United States attorney, the FBI, the D.A.'s office, the chief of police, and, eventually, a meeting later with the governor's office and the state police, where all different agencies asked for them to step in and please take over the case, which they have agreed to.

So I think that we're in a position now where any potential issues that are out there for officer who knows an officer, a detective knows an officer that's being investigated, the D.A. knows someone, the D.A. is related to somebody in some type of fashion or worked a case or he's been a witness before, that has now been taken out of the equation. And now hopefully the questions can - and the concerns can be really focused on what happened, why did happen, was it justified, was it not justified, what happened. And I think that that's where we are now.

But just as the chief and Gerard Robinson said, this is a very good community. We will - we are protective of our community. We want people to protest and speak their mind. We anticipate there will be others that come here from out of town. As you've seen from other places around the country that are not here to do good, not here just to protest along with others, but to do harm. I'm sure that we have some, very few individuals in our own community who would rather tear our community down than to build it up. And we have to be mindful of those people.

BANFIELD: All right, so the headline here out of Baton Rouge, Blane Salamoni, a four year veteran, and Howie Lake, a three year veteran, are now on leave as is standard operating procedure while this investigation continues.

Breaking news also right now in Atlantic City, where I want to get you, as Hillary Clinton just took to the live micro phone. Let's listen in.

HILLARY CLINTON (D), PRESUMPTIVE PRESIDENTIAL NOMINEE: It's no wonder that families come back year after year. And I am so grateful to Marty Rosenberg (ph), a native of Atlantic City, being here today to share his story. I'm also grateful to the thousands of workers who work here to make

this city what it is. Atlantic City is more than a vacation spot. It's your livelihoods. It's how you support your families. Now, this city has its share of big names on big buildings. But you and I know it was built by small businesses and the people who work to make it happen here.

[12:29:59] As a daughter of a small businessman, whose hard work sent me to college, I have a special place in my heart for the contractors, the craftsman, and the shopkeepers who build this city and keep it going.