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CNN NEWSROOM

Jurors Question Jodi Arias; Rand Paul Filibustering Brennan Nomination

Aired March 6, 2013 - 15:00   ET

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


BROOKE BALDWIN, CNN ANCHOR: For weeks jurors have sat and watched Jodi Arias cry and explain her lies and now it's their turn to ask the questions. I'm Brooke Baldwin. Special coverage begins right now, 100 questions. We'll take you inside the debate over which ones to ask. Plus, what the questions tell us about the jury's thinking. And my legal panel weighs in on how Arias should react to the curve balls.

Top of the hour. I'm Brooke Baldwin.

We're about to take you live to Phoenix, Arizona, day 16 here on the witness stand for this woman. This is Jodi Arias, accused murderer Jodi Arias. The woman charged with killing her ex-boyfriend Travis Alexander, in a shooting, slashing and stabbing rage of jealousy. She is to testify again any moment now.

But here's the thing. Today, she has to answer right to the jury. That's right. She's getting these questions from members of the jury. It is permitted here. This is rare. Just a couple of states do this, including where this trial is playing out in the state of Arizona. And we have called in help on this one.

We have, just seated, criminal defense attorney Holly Hughes. She is here with me. In the middle, Drew Findling, also a criminal defense attorney, and author and psychologist, easy for me to say, Paula Bloom.

Welcome to all of you here. We're going to be tackling this over the course of the next hour. Also CNN legal analyst Sunny Hostin in New York for me, federal former federal prosecutor. And in Phoenix, Arizona, CNN's Miguel Marquez. He has been inside this courtroom this afternoon.

So, Miguel, let me just kick things off this hour with you. Tell me where things stand right now.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Well, we are waiting for court to resume, which we expect will happen any minute.

I'm actually monitoring it here. The lawyers for both sides and the judge and Jodi Arias went through the 100 or so questions this morning. Both sides objecting to some. The judge ruling on some of those. Six of the questions were will not be allowed. Parts of other questions will.

One thing to keep in mind, it is 100 questions, but many of these questions have two, three, four parts to them, it sounds like. So, we could be here for quite some time. They will be entering soon, we believe, and the jurors will come in and they will -- that questioning will begin -- Brooke.

BALDWIN: So, I just have to ask this. If we're talking around about 100 questions, and they have sub-issues within the questions, are they going to barrel through all questions today?

MARQUEZ: It is not clear how this is going to work, if the judge will even allow all those questions to go forward during the -- as they get going. It is unlikely they will be able to get through all the questions today, but some of these questions may have been heard.

There may be more objections along the way. It is possible this could be a short process, but it doesn't sound at the moment that it will -- Brooke.

BALDWIN: OK, Miguel Marquez, we will come back to you here throughout the hour as we're waiting and watching this Jodi Arias trial.

Let me just go back once again. Why did Jodi Arias kill Travis Alexander? According to her prosecutor here. Let's just bring in the panel here, because I think this is sort of the crux of the issue.

They have to -- and this is a death penalty case, right, in the state of Arizona. So in order to -- she's accused of first degree murder, but then to take it a step further, they have to prove premeditation.

Let's just go back, because for viewers who have not been following the intricacies and the twists and turns of this trial, let's just start with the prosecution, Holly Hughes.

What is the prosecutor's theory as far as why she killed her ex- boyfriend?

HOLLY HUGHES, DEFENSE ATTORNEY: Basically , they're saying if I can't have you, nobody will.

And Jodi and Travis engaged in a very sexual relationship, even after they were no longer boyfriend and girlfriend. He was getting ready to take another woman on vacation to Cancun and basically told Jodi you're not wife material. I'm never going to marry you. They're saying when she finally realized the jig is up, that she planned ahead of time, I'm going to go there, I'm going to have wild sex with him one last time and then I'm going to kill him for the way that he's treated me and is now trying to discard me.

And the reason they want to prove meditation is it's what we call an aggravating factor. And it is one of several that they will prove. The other aggravating factor they're relying on when seeking the death penalty, Brooke, is that it was such a vicious and heinous killing, the 27 stab wounds, the slit from ear to ear, the bullet shot to the face.

They're saying, OK, in addition to planning this ahead of time, when she carried it out, it was so brutal, it was so vicious, you, jury, should consider that an especially heinous killing. This isn't just a run of the mill, one shot to the head murder. This is so cruel and so depraved that you should give her the ultimate penalty, which in this case is death.

BALDWIN: Is death in the state of Arizona.

Drew, the defense maintains this was self-defense.

DREW FINDLING, ATTORNEY: Yes, the defense is going to be that this is self-defense and they're going to base that on eventually we're going to hear expert testimony as to battered woman syndrome.

And essentially what that says is that her primary motivation was not anger, but was actually fear. And so, foundationally, what they need to do is put her on the stand, and talk about her fears and the basis of those fears was what she talked about, which was physical abuse and sexual abuse.

And then the expert will come in and say, we're expecting, as in so many other cases, it doesn't make a difference if it is one stab wound or 4,000 stab wounds. If you have truly been abused -- and that's the question for the jury -- then your fear is so overwhelming that one stab, one shot is not enough.

That's why we hear the famous cases of somebody burning beds, killing their spouse while they're sleeping, and facts like that. That's what we can expect to hear in the testimony and more importantly in the experts that are going to be coming up soon.

BALDWIN: So this is what the prosecutors, this is one theory vs. another theory here. And again we're waiting for this to resume. And this is really unique, Holly, as you and I have talked over the last couple of days.

In the state of Arizona, these jurors, as Miguel was reporting, they been sitting through hours and hours and hours and what is this, day 15, day 16 for her on the stand of testimony, but today is the fascinating day, perhaps the bellwether moment as I was reading earlier today, when we really get an indication of what is the mind- set of some of the jurors as to perhaps how they may feel ultimately when it comes to a verdict.

My question to you, my psychologist friend, is this. We saw sort of Jodi Arias' -- the sobbing, the back and forth with this pit bull prosecutor last week. She can't react that way to the juror questions. How -- what are we to watch as she's answering questions from people who basically could seal her fate?

PAULA BLOOM, PSYCHOLOGIST: Right.

The thing is the actual jurors aren't going to be looking at her asking the questions. They will be coming from someone else, right?

BALDWIN: From the judge.

BLOOM: From the judge, right. And so I think it is likely they will be in a much more neutral kind of way and probably not illicit the kind of reaction that was elicited. The thing is, it is exhausting. To be on the stand for that long has got to be exhausting. And so it has already been show that there hasn't been all honesty. There has been multiple different stories that she's told and keeping all those stories straight has got to be stressful.

So, I would imagine just because it's a judge vs. a lawyer asking you questions that it may be a little bit more of a neutral kind of situation.

BALDWIN: How do you even -- to the lawyers here, how do you even prepare your defendant for who knows what kind of questions? Either of you.

HUGHES: OK. I will jump in there. And then I will let Drew go after that.

Basically, what you're trying to do is -- you know, you can never -- you can't suborn perjury. You can't tell your client, make it up, lie. And let's face it. She told so many lies prior to coming to court -- and that is something she was forced to admit on the stand. I told a couple of whoppers before I got to the reality of what happened.

But what you are going to encourage her to do is try to remain consistent. So, whatever you testified to in court under oath -- and she made a big deal of that on cross, because basically Juan Martinez said to her, as any good prosecutor would, OK, you're just a big old liar, Ms. Arias, aren't you? And she goes, well, yes. OK.

So why should they believe you now? And she made a big deal. Because I'm under oath. See, when I'm under oath, Mr. Martinez, that's when I really tell the truth. What you're hoping for as her lawyer is that she remembers what she said and she's consistent in her courtroom testimony.

BALDWIN: Let me just point out, these are now live pictures, clearly having approached the bench. Here she is, back on the witness stand. So we will take this live as soon as we begin to hear some of these questions. We have no idea what the questions could be from the members of the jury here.

Let me get a quick break in as we await the questions. Got my panel here, Jodi Arias, live trial, after this.

(COMMERCIAL BREAK)

BALDWIN: We will take you back to the Jodi Arias trial out of Phoenix here as we're awaiting the jurors' questions here any moment now.

(WEATHER UPDATE)

BALDWIN: Now to a startling health concern. TV icon Valerie Harper told she has mere months to live. Best known for her role as the wisecracking Rhoda on "The Mary Tyler Moore Show."

(BEGIN VIDEO CLIP)

VALERIE HARPER, ACTRESS: And 35, single, who didn't vote for him?

UNIDENTIFIED ACTOR: Rhoda, it is 1:00. Isn't your lunch hour over?

HARPER: Oh, no. My boss doesn't care if I'm a little late.

UNIDENTIFIED ACTOR: I care.

(LAUGHTER)

HARPER: Mary, I think I better get going. I just remembered there is this boss who hates it when I'm late. Yours.

(END VIDEO CLIP)

BALDWIN: The 73-year-old Harper told "People" magazine she has been diagnosed with terminal brain cancer, her doctors telling her she has less than three months to live.

With spring just around the corner, the White House canceling its popular tours. They are scheduled to end this coming weekend because of staffing issues and reductions because of those forced budget cuts took effect midnight Friday. But Republican Congressman Louie Gohmert says not so fast, White House. He wants the president to give up golf before these White House tours are canceled.

Gohmert submitted an amendment yesterday that would ban the president from using federal money to travel to his golf outings until the tours are resumed.

And back to Capitol Hill, and the talking continues. Republican Senator Rand Paul right now continues filibustering President Obama's choice for the chief position for the CIA, John Brennan. Senator Paul saying he will talk until he no longer can. Right now, he's going back and forth with Senator Ted Cruz, who is giving him an assist, since this has been going on since 11:00 hour Eastern on Capitol Hill.

Senator Paul claims Brennan and his involvement in the U.S. drone program hurts civil liberties.

And if we have more live pictures there of the Jodi Arias trial, we will show you. The bottom line is we're waiting still for the juror questions to begin. Could be as many as 100. This is really when we will see the tenor of this case, the mind -set of these jurors, as this is really a rare process, Arizona just a handful of states that allows this to happen. We will take you back there live. Got all kinds of lawyers and a psychologist here on standby to walk us through this process. Back right after this.

(COMMERCIAL BREAK)

BALDWIN: Crews are looking into why an enormous crane made a giant splash here into a bay. This is near Portland, Oregon, and down it goes. The structure fell while lifting new support towers to carry high-voltage power lines. The new tower also fell into the water. Thankfully, though, no one was hurt.

Starting April 25, the TSA will allow you to bring small knives, has to be under 2.36 inches, and certain sports equipment in your carry-on bags. The items have been banned from aircraft cabins ever since 2001 since the 9/11 terror attacks.

Passengers also can carry on pool cues, lacrosse and hockey sticks, golf clubs, maximum two, and miniature bats less than 24 inches. Officials say the change will align the U.S. with international rules.

And a slip of the tongue has British tabloids, let's be honest, news around the world kind of buzzing on this one. Speculation Prince William's pregnant wife, Catherine, is expecting a girl. Why? According to "The Telegraph," it happened here, here she is kneeling down talking to some little pint-sized fans. One of them hands her a teddy bear and she says, thank you, I will keep that for my D. -- we don't know what the rest of the word was. It started with a D.

She corrected herself. She said, oh, my baby, my baby. She's due to give birth in July. If the D. was for daughter, if she's giving birth to a girl, keep in mind with changes this year, she will be next in line to the British throne after her father and Prince Charles.

Before marijuana sales start in Washington, the state has to hire a pot czar.

And as CNN's Paul Vercammen reports, the job is still up for grabs.

(BEGIN VIDEOTAPE)

PAUL VERCAMMEN, CNN CORRESPONDENT: Dude, where's my czar, as in marijuana consultant?

In Washington state, after seminars and a lengthy search, they still haven't hired a marijuana adviser because they have been swamped with qualified applicants. The state liquor control board says it received 98 bids to become the consultant on implementing Washington's landmark legalization of pot, Initiative 502.

Entrepreneurs are waiting for guidance. Dante Jones wants his business, Green Ambrosia, to become a 5,200-square-foot marijuana superstore. For now, Jones sells only to customers with medical prescriptions, fare such as Deadhead O.G., Critical Kush and Amnesia Haze.

Sales for recreational use become legal at the end of this year, as a result of the ballot proposal's passage.

DANTE JONES, Marijuana VENDOR: The change in public perception since that November vote has been just dramatic.

VERCAMMEN: The marijuana consultant, law degree preferred, will advise on growing, transporting and packaging marijuana here, in other words, somebody who knows about marijuana from experience. That means some applicants with criminal records may be considered, so long as their offenses were marijuana-related and nonviolent.

JOSH BOLENDER, WASHINGTON LIQUOR CONTROL OFFICERS UNION: Cannabis is a whole new thing for us. It is unchartered territory.

VERCAMMEN: The liquor board says it expects to pay less than $100,000 for the pot consulting and may divide the work among up to four bidders. The announcement of the winning bid or bids could come as early as next week. For the winner or winners, it could be euphoria. For dozens of losers, reefer sadness.

Paul Vercammen, CNN, Los Angeles.

(END VIDEOTAPE)

BALDWIN: Coming up next, 24 hours after the Dow hit an all-time record, the green continues, up just about 50 points here, 40 minutes left of trading. What is behind the rise? How long the good mood on the Street could last, that's coming up.

(COMMERCIAL BREAK)

BALDWIN: Half-an-hour away from the closing bell. The Dow rocketed to a new record high yesterday. We were waiting, we were waiting, finally the moment it closed above that five-and-a-half year high we last saw in October of 2007.

(STOCK MARKET UPDATE)

BALDWIN: To Washington we go now, where a bit of a rarity taking place today. Republican senator Rand Paul, Kentucky, right now, filibustering President Obama's choice for CIA director John Brennan.

Senator Paul says he will talk until he no longer can. That's how filibusters work, you talk, you talk to try to prevent the vote. He's been going back and forth just recently with Senator Ted Cruz who has been trying to assist him a little bit because he's been talking since somewhere in the 11:00 a.m. Eastern hour.

Senator Paul claims Brennan and his involvement in the U.S. drone program hurts civil liberties.

Chief congressional correspondent Dana Bash monitoring the filibuster, monitoring the talking.

Has he taken that sip of water yet, Dana?

DANA BASH, CNN SENIOR CONGRESSIONAL CORRESPONDENT: He might have taken a sip of water, because as you said, he has gotten an assist or actually two assists from some of his Republican colleagues, Ted Cruz and Mike Lee as well. They have come down to help him, making the same arguments that Rand Paul is making.

The whole reason for this filibuster of John Brennan's nomination, because he believes it is absolutely wrong for the United States to even consider using drones on U.S. soil against U.S. citizens. And he wants Brennan to promise that that is not going to happen, a promise he has not gotten.

But one thing about what has been going on -- and you mentioned the 11:00 hour -- Rand Paul started speaking at 11:47 a.m. Eastern, to be exact, so it has been going on for three hours, four hours now almost. So what you traditionally see when you see a filibuster that is kind of Jimmy Stewart-style, and Cruz referred to him as Jimmy Stewart, it's not quite that for a couple of reasons.

One is because he is getting assists. I went back and looked, and I found that I believe one of the longest in recent history was Alfonse D'Amato back in '90s. He spoke overnight for over 15 hours and he was literally -- it was a true filibuster in that he wasn't just talking about the issue at hand. He was trying to save some jobs in New York.

He was singing songs. He was I think maybe even reading from the phone book. I'm not really sure. Rand Paul is very specifically talking about the issue at hand. He also made clear that he's not going to talk forever. The understanding is that he knows that this confirmation at some point will go through. This nomination will happen.

BALDWIN: So then why do it?

(CROSSTALK)

BASH: Because we're talking about it. Because we're talking about it. Because we're talking about it.

(CROSSTALK)

BASH: And I think it should be underscored that he does have a very specific policy point with regard to drones. He's not alone. And, in fact, he's joined in this concern by some of the most liberal members of the Senate. He's one of the most conservative.

And on that point, you know, you think, well, there is a Republican, filibustering an Obama nominee. It is -- I think it is important to point out that he's actually one of the few Republicans who voted for Chuck Hagel for defense secretary, across party lines to do it, and he voted for John Kerry for the secretary of state.

He's supported the president's picks for his Cabinet. This is a very specific issue and he wants to make a big deal out of. And he said clearly, sometimes, I use over-the-top actions and rhetoric to make a point. And that's what he's doing right now.

BALDWIN: And chalk that up to success, because we have now talked about this two times here on CNN.

Dana Bash, thank you so much...

BASH: Exactly.

BALDWIN: ... as we're watching Senator Rand Paul filibuster here the -- what could be -- who could be the next CIA chief.