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tv   CNN Newsroom Live  CNN  January 28, 2023 12:00am-1:00am PST

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. >>
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. this is special cnn live coverage as memphis and as we all come to grips with what we have seen done to a young man on video by five police officers who are now charged with murder. >> john, tomorrow, it will be three weeks to the day, since
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employees pulled over tyre nichols in a traffic stop that we see on video escalate out of all proportion, we then see nichols run off to be stopped at a second location and be given a fatal beating. before we show you just a portion of it. i want to take a moment and reaffirm that tyre nichols about his personhood to show you a little bit about who this man was, our sara sidener has that story. >> in memphis candles burn for a life snuffed out. 2019-year-old tyre nichols being remembered where friends say he felt the most free, a skate park, 12 years ago, nichols seen here doing what he loved, 12 years later, he ended up dead boat end boy five men sworn to protect and serve. knocks family wants people to know more about tyre nichols than how he died. >> nobody is perfect.
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ok? nobody, but he was damn near. my son was a beautiful soul he touched everyone. >> nichols had his mama's name tattooed on his arm, he wasn't just her beautiful boy, he was a father who loved having fun, his friend who knew him in sacramento told a local newspaper he had such a free spirit and skating gave him his wings. he worked at fedex but had other dot cameras. photography, in his own words he posted people have a story to tell why not capture it instead of doing the norm and writing it down and speaking it. turns out what led to his death was captured on camera. >> that was cnn sara sidener and that video was made public earlier tonight. before bringing in spreading fall-out in law enforcement, a brief moment of what a police body cam saw and as we had been doing throughout the night, a
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warning for you. not easy to watch. here it is. "get on the ground, i'll tase your ass. >> i'm on the ground. >> on the ground >> i'm fixing to tase you. get on the ground. all right, all right, all right. ok, dude. >> bitch put your hands, i'll knock your ass >> you guys are doing what? i'm just headed home. >> i am on the ground, my stomach. mom, mom! give me your -- hands. ♪. ♪. give me your hands.
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give me your hands. m mom" the words can that explain the feeling of watching the video, i would imagine people who knew him. family members, of course, tougher for him. because of that video, there's more fall-out within law enforcement. >> shockingly we now learned that two sheriff's deputies from this county, from this area were there on scene. it was only discovered tonight because of the release of these, of this videos and as a result of that, the sheriff here has aed those two deputies on leave. the question of course, why was the sheriff, a leading law enforcement official in this town just finding out about this tonight? that raises all kinds of questions. we're seeing more fall-out and i think we'll see more fall-out the district attorney spoke to
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you, saying they're continuing their investigation, just because they have announced these charges doesn't mean more aren't coming, the da you could tell needed to do something, needed to charge someone quickly and perhaps seeing this video and everything, it was very clear to him that these were the sound charges, the easiest perhaps maybe the most charges that he could bring at this point while they conduct their investigation. when you look at that video, there are several more officers on the scene, we don't know anything about them, we know other officers are being investigated internally and the other thing of course is the emts, for me i have found this, among many things, but this in particular distressing because they're there to give him care, to save >> that's specifically what their jobs are. right. >> minutes and minutes and minutes standing around doing nothing. >> we have to remember, under
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the purview over the memphis police department and there could be more, there's a possibility there could be more, i'm not saying definitely, they're under the per memphis police department, emts are under the or the fire department personnel and the sheriff's deputies are under the shelby county sheriff department. so you have possibly under their jurisdiction, thank you very much, when you heard from the district attorney, that there could be more charges for the officers involved, the charges could be amended, and there could be other possibly involved. this is the beginning of. the video tape is just now coming out. and we will see in the coming days where this goes. >> we certainly will, as we've been speaking to experts and analysts, they point out even if there aren't more legal charges, criminal charges, there will almost certainly be
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administrative measures taken on people beyond those five former officers now charged with murder, but we'll see. they now have the video mosh they're going through it second boy second. we'll get back to you, as you and shamano alluded to what we saw was the deadliest combination of what was done to tyre nichols and he what was not done for him. that jumped out at shamone. joining us to talk about it. sanjay gupta to talk about it. would he done to tyre nichols? >> i mean, there were so many different mechanisms of injury there, i watched that. i got to tell you i watched this a few times, it's increasingly hard to watch. it gets worse each time you see how defenseless he is and how many different types of assaults he has, he's standing at one point, and there is these punches to the head and if he
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has while he's on the ground, there's kicks to the face. he's also a very thin guy and he's got these blows to torso and abdomen, you can get significant bleeding, one thing i will say, john, is that he was in the hospital a few days after he was ultimately taken there, and that means there's probably, they have more of an idea of exactly what the consequences of all those various blows and that beating was, they probably did scans of his brain and body and they may have had some idea. we know within a shrimp, he was unconscious, he was unable to breathe on that his own. so you know, even though he was still sort of talking a little bit moving around a bit, i think, you know, after when he's leaning up against the car, it deteriorated pretty quickly sounds like once he got to the hospital. but there's that time period, john that you alluded to, shamone alluded to, i looked at the to him stamps on the video,
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it's around 8:33 when boating finally stops and he's leaned up against this car handcuffed and it is a good eight minutes after that before the emts and fire arrive but they don't do any kind of assessment for a good nine minutes after that and it isn't until about 9:02. roughly half an hour, they actually start bringing out a gurney and things, you hear various commentary it will take awhile for an ambulance to get here, but no one was attending to him. as a dock, that was the most shocking park. i don't know how much of a difference it would have made but he should have been in a hospital >> let's put that video up so people can so he what you're talking about, talk to us over this, what we're seeing and not seeing here. >> so we're seeing somebody who is essentially as we know now, he is dying but certainly in critical condition. lying up against that car.
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i think they must have known first i thought to myself, did they not recognize the gravity of his injuries? they must have known because they just inflicted this upon him, so he's essentially, hose dying, john, there's no other way to say it. he's critically injured and there's nobody doing anything there, they sit him up a couple of times, he slumps back over, i do see him sort of move his legs once on his own. he seems to be in a state of what we all agonal breathing which is a breathing pattern of a person near respiratory distress, i think the paramedics or emt i couldn't figure out who got to him half hour later they're the first person to bring out a bag assessing him locking in his eyes to see if he has evidence of brain swelling something you can do by looking at the pupils, you start to see
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some of that, pretty far along, there's no sense of urgency given how critically injured he obviously is. >> brain swelling, why do you jump to sanjay as something that might have happened. >> i'm a traumaneuro surgeon so i think it's part of what i think about but the think about the brain, you see the blows to the head, what you imagine is this brain, which is essentially a fluid medium, it's basically mostly water. you imagine it's starting to swell. when it starts to swell like that, the brain unreasonable any other organ has no place to go because it's encased boy the skull, what happens ultimately it goes downward that's called herniation that's something can lead to brain death, which is a real consideration here. again, i'm sure the hospital st. francis i believe where he was taken, probably assessed him,
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they have the answers to some of these questions did he have that brain swelling, bleeding in other parts of his body, anticks of his airway when he was essentially being knelt upon face down, they probably have the answer, but brain swelling and that sort of pattern that we saw where he was lapsing in and out of consciousness, that sort of fits, the injuries, the swelling, and then that sort of loss of consciousness we saw. >> as don and shamano was pointing out this was all done to a human being. thank you so much for being with us. >> next our legal and law enforcement team back with us with thoughts and later don's interview with tyre nichols's parents. ♪. ♪ .
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. wrenching as it is to watch a video of a young man's life being beaten out of him.
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but justice moving swiftly five cops being charged with murder and more investigations under investigation >> joining us cnn law enforcement analyst michael fanone who nearly lost his life defending the capitol on january 6. and former deputy assistant attorney general, and elliot i want to start with you, new to this discussion, everyone he don't seen this video has had the same visceral human reaction, that's one they don't know, there's the local case that needs to be made in a court of law with the charges that need to be filed against these former officers which do include summary, based on what you've seen on this video and as someone who has prosecuted cases before, will that be easy to prove in court? >> what a wonderful question, john, thank you for asking, starting with the visceral it
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bears mentioning i have to say it hearing someone calling for his mother, 80 yards away, and he thought he could get her there, i don't think i'll ever unhear that, at its core this is a human issue. locate you touched on, at the end of the day will have to try this, second degree murder in tennessee, in order to prove that prosecutors have to establish a knowing killing they reasonably were assured or knew or could have known that their actions would have led to somebody's death, you'll have to unpack a number of things. number one, there will be an expert testifying at that trial along the lines of what you were just talking with sanjay about what kinds of blows. what could lead to someone's death, then someone he will will have to unpack what went on in the 22 minutes, not rendering aid or care to mr. nichols at the time he was there. what a smart defense attorney would say this was in the heat
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of battle, a scuffle and this was none of this contact was of the sort that these defendants would have thought would have led to somebody's death. now, you know, convictions hard, getting to that reasonable doubt standard you got to get in one juror's head and they're not, implausible defense here but at the end of the day you do have those i believe it's five punches, to kicks and to hits with a baton over an extended period of time that will resinate with the jury that will be the toughest to get. two official misconduct charges i think will be far easier then you have the kidnapping and certainly aggravated assault, which is certainly the clearest of all. >> joey jackson let's bring you in here, a defense attorney, what on this video do you see as a defensive attorney and again, i know we all feel the same way viscerally and as human beings but as defense attorney, what on
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this video would you use to defend these officers >> there's a lot that concerns me. and that's the first place i start. because in ask you to dissecting a case i have do look at an analyze what i can do, i'm hard pressed to see, here's the point, the point of the matter is very good points he make with respect to us cases are very difficult, if you want to talk about second degree murder what you're looking at and talking about, do you mean to tell me in the event you kick someone in the head multiple times, the pen is 140 pounds, you are are burleigh gentlemen, i use that term loosely who are doing this job, not only do you kick him in the head multiple times but sucker punching him multiple times, hitting him with the asp multiple times, you mean to tell me that a reasonable juror cannot conclude those are actions and activities that would lead to death?
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that you don't know and appreciate the nature of your conduct such that it may have that result? so i think you know, all cases are hard, but i think a skilled prosecutor can make that case in this particular situation, and so i think what happened john last point and that's this, you could talk about and relate it to rodney king, here's the difference, you were locking at what strikes and movements et cetera rodney king was making so they, that is the officers could put it in context of an expert witness you tell me in looking at the videotape of a defenseness mr. nichols on the ground what movements he was making that would justify the conduct, no immediatesy of danger, such a gross miss proportionality of force, unreasonable conduct and a failure to act i think you can certainly secure a conviction >> it is interesting because elliot just brought up heat of the battle and struggle, one could look at the video and say
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what battle? what struggle? tyre nichols in the video we saw didn't appear to be putting up almost any resistance and michael i want to put that to you there, just the force that these officers used at least nine blows felt like watching the video, came out of nowhere leaving one to say what are they thinking what could they be thinking as a human being? what did you see. >> i'll tell you what i saw, john, at the outset of that video i saw an intense chaotic situation, i saw police officers trying to gain control of mr. nichols. i believe that those officers actions clearly escalated that situation, and by the end of the video, i saw police officers who got caught up in the emotion of that pursuit, and lost control of themselves and lost control
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of the situation. >> john miller, plausible explanation from michael there? taking a step further what did you see on ground not getting the treatment that as sanjay was saying before he obviously needed. >> first dealing with the police officers, there's a lot of screaming and yelling but doesn't seem to be much tactical planning on the case of mr. nichols, they keep saying give us your hands, give us your hands, clearly he doesn't want to be handcuffs, clearly he doesn't understand what he did or why he's being arrested. there are a number of tactical ways to go with that, one you could handcuff one wrist and have an officer maintain that arm, get the or wrist, bring the wrists together, there are arrest tactics this seemed to spiral out of control with a large number of officers on the scene trying to get control of
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one person. when you get to the medical situation though, and having been through the emt training at the nypd, all emts are trained exactly the same way, assess scene safety. is it safe for me to render aid? he's handcuffed. there's a lot of cops there, it's safe. determine the number of patients looks like we have one here. determine the mechanism of injury, what is the injury? how did it occur? or the nature of the illness, a number three is where everything seemed to go in slow motion. you would ask why? how? there's two possibility there is, one is that the police officer said we have a terrible fight with this guy and hit him numerous times in the head you'll have to go back to the tape and see if that conversation happened and talk to those emts. other the other is they may have said to the emts or the medical personnel exactly what they were saying to each other which we heard on the video, we think this guy is high on something, he's out of it, and it took a
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lot of trouble to get him handcuffed which may have lessened their sense of urgency. but from a medical standpoint, thinking through the steps they're trained to. >> we certainly did not hear them say at least what we've listened to so far he's been hit in the head a number of times which may have affected how they treated him. >> much more with andrew mccabe, the former director of the fbi right after a quick break. right after a quick break. ♪ ♪ ♪ ( ♪ )
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? . back with the panel in the wake of all we saw tonight and could so he as the five xcops charged with second degree murder in connection with the death of tyre nichols go to trial as other investigations pan out and others in the country come to grips with all of it, andrew mccabe i do want to start on the investigation, talk to me about that because there is an investigation ongoing, i'm sure the video will be the key piece of evidence but what else is happening behind the scenes >> absolutely, john on the local side the charges we're aware of that investigation will continue i believe for the most part to done the other people who might need to be caught up in had the investigation as well, we heard
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about the two sheriff's deputies now been suspended pending investigation and we don't know what's happening with the emts but there's a parallel federal investigation looking at this through the lens of whether those officers unlawfully denied or iminched upon tyre nichols's constitutional rights, all sorts that appear to have been violated boy the obvious, you know, horrendous acts, they inflicted upon him in that boating. i should also say one of the things that would characterize those investigations going forward and ultimately the perception of jurors or people who sit in judgment over the officers is that second interaction that beating in the second interaction, it is row pleat, there's like a vindictiveness to it. almost feels like a retaliation
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from the way they beat him, things they said while doing it, threats, taunting, it comes off as if those men are getting back at tyre nichols for embarrassing them for resisting their authority, for making them chase him, and it's so over the top that it appears on its face to to be unreasonable. and it is that unreasonable standard that will work against them in both prosecutions. >> there are definitely questions about why? what caused that specifically within those four minutes, michael back to you, again locking at the video, i wonder what you're making of the apparent i don't know if it's difficulty they were seeming to have getting had my in handcuffs, what did you see them trying to do and maybe an explanation for why they couldn't make it happen? >> john, i spent nearly my
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entire career which span 20 years working in units like this, proactive police units, charged with pursuing violent criminals, narcotics traffickers, and people that commit crimes with firearms. when you place a person under arrest, try to gain custody or control over them and they don't want you to gain control over them. it doesn't matter whether they're on some type of narcotics or just you know, sober. it is very difficult. if they don't want you to gain control of them. it can take multiple officers. so to me, clearly, there were tactical missteps here, at one point, it seemed like the officers were working against one another and were caught up in the chaos of the moment, clearly decisions were made that
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escalated this situation to a point where mr. nichols lost his life and did not deserve that. yes. >> and just finally michael, what does this do to moral in the department. >> horrible for morale number one you have 800,000 law enforcement officers in this country that are watching this, going, here we go. you know, this is going to cause you know, more contentious incidents with members of the community, any trust that we may have built since the last time this happen asked gone, and not only that, causes a lot of disrupt amongst law enforcement officers themselves. >> michael i appreciate that perspective hearing from someone who's been there thank you all
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for helping he understand this, coming in from different parts of the community coming up, don lemon's conversation with the mother and stepfather of tyre nichols. ♪. ♪. ♪. a little easier. (moo) mabel says for you, it's more like 5:15. man: mom, really? get ready to say those five little words. we're talking about... rooty tooty fresh 'n fruity yep, it's back. for a limited time. the six dollar rooty tooty fresh 'n fruity combo. 2 eggs, 2 bacon strips, and 2 fruit topped pancakes. only from ihop. what's the #1 retinol brand used most by dermatologists? it's neutrogena® rapid wrinkle repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles goodbye! neutrogena® hi. i'm shannon storms bador. when we started selling my health products online our shipping process was painfully slow. then we found shipstation.
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. tonight i was fortunate enough to speak with the parents of tyre nichols along with their attorney been crump who was on with us earlier, she told us about the moment the police came to her door, what happened the moment she went to the hospital to see her son. >> so i am joined now boy rowvaughn and robbie wells the parents of tyre nichols and benjamin crump the attorney, 20 days since this happened without your baby. >> yes, this is hard.
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no, i don't have my baby. i'll never have my baby again. but i do know that he was a good person, and that all this -- all the good in tyre will come out >> mom when did you first learn about this? how did you hear? >> the memphis police department banged on our door approximately around between 8:30 and 9:00 asking if i knew tyre nichols and we said, yes. what's going on? he's been arrested. arrested for what? dui. dui? my son don't drink like that, what do mean dui? well we had to pepper spray him and tase him so he's being
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attended to by the paramedics we'll send him to the hospital. after that. he'll go to boxing. 4:00 in the morning: doctors called from st. francis and said mrs. wells do you know your son is in the hospital? i said yes, i was advised by the police officers, he said why aren't you here? i said the police officer said that i couldn't come because he was under arrest. the doctor proceeded to tell me that my son went into cardiac arrest and that his kidneys were failing, when my husband and i got to the hospital and i saw my son, he was already gone. they had beat him to a pulp. he had bruises all over him.
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his head was swollen like a watermelon. his neck was busting because of the swelling. they broke his neck. my son's nose looked like an s. they actually beat the crap out of him. >> she didn't see the video. you saw the video. >> yes >> what are we going to see, rodney >> i didn't want her to see or hear the video. it was our attorney's request that she stay in there as long as she could. she heard one word and had to leave out the room. and that was when they initially was put pulling him out the car, he said what did i do. >> i know that's what he said >> he said what did i do? why are you all doing this to me? what did i do? and they proceeded to snatch him
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out of the car and was trying to wrestle him to the ground. i saw officers hitting on him. i saw officers kicking him. one officer kicked him like he was kicking a football a couple of times. and but the most telling thing about the video to me was the fact that it was maybe ten officer on the scene, and nobody tried to stop it or even after they beat him, and they propped him up against the car. no one rendered aid to him whatsoever, they walk around smoking cigarettes like it was all calm, bragging about what happened. >> rowvaughn and rodney wells along with the attorney benjamin crump in a very emotional
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interview. there's other major news to report a deadly attack in a synagogue in jerusalem, and reaction from the white house. next. ♪. ♪.
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off. there was a massacre at a synagogue on holocaust remembrance today, described as a heinous terrorist attacks boy the white house which extended support. along with the palin gunman, the latest from jerusalem. >> they say the attack started
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around 8:15 in the neve neighborhood. the attack came up to a synagogue, likely full's worshippers there for services the attacker began shooting people exiting the going as of now, five men and two women were killed. at least three others were injured among them a 15-year-old boy who still in hospital. attacker got back into his car and started driving down this street behind me, i want you to step to the side, you can see the wide sedan he was driving because that is the place where he ultimately encountered israeli police who were responding to the situation and where he was ultimately shot and killed. israeli employees are identifying the attack as 21-year-old palin resident of east jerusalem and calling this a terrorist attack. in fact, one of the worst they say they've seen in recent memory, coming not in a vacuum, it's been a violent two days, thursday was the deadliest day for palins in the west bank over
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a year, there was an israeli military raid in the occupied west bank the israeli maryland say they were targeting jimmy hat militants, at least one was a civilian by mistaken a woman in her 60's another further in the day in further clashes elsewhere, later that evening, rockets were fired from gaza into israel and they respond wanted i air strike, officials were already concerned about things spiralling out of control, seven killed, at least three injured. this is a big test for israeli prime minister ben netanyahu who recently came back into power, take a listen what he had to say between. >> there's a need to act with determination and composure i called the people not to take the people into their own hands, for that purpose, we have an army police and securities for >> this will be a major test for
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this new government. ben netanyahu is not a new prime minister but his government is the most right wing in israeli history, some members of his cabinets, ministers are considered far right politicians. the would be put a big question about how this government would choose to respond to the attack to this situation, i should also note in the timing is u.s. secretary of the state antony blinken expected to be visiting this region in a preplanned visit in the upcoming days expected to sit down with israeli and palin visitors, it couldn't come at a more intense and volatile time now, cutting off the israeli and now this attack tonight, there will be a lot --
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just look around. this digital age we're living in, it's pretty unbelievable. problem is, not everyone's fully living in it. nobody should have to take a class or fill out a medical form on public wifi with a screen the size of your hand. home internet shouldn't be a luxury. everyone should have it and now a lot more people can. so let's go. the digital age is waiting.
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