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Boston Marathon Bombing Suspect in Police Custody; Dozens Still Missing in Waco Fertilizer Plant Explosion; Gunfight Ends with Suspect's Capture; Suspect Not Read Miranda Rights; Obama: Chapter in Tragedy Closed; Flash Floods Swamp Communities

Aired April 20, 2013 - 08:00   ET


JOHN BERMAN, CNN ANCHOR: Good morning, everyone. I'm John Berman live in Boston this morning.

CHRISTINE ROMANS, CNN ANCHOR: And I'm Christine Romans here for you this morning. CNN's special coverage of the Boston marathon bombing continues right now.

BERMAN: This morning, as we said, we are in Boston, there has been jubilation and relief over the arrest of the suspect and maybe a little giddiness left over from last night.


BERMAN: Look at that, Boston erupts in celebration after police captured 19-year-old Dzhokhar Tsarnaev.

This morning he is hospitalized, in serious condition, this photo showing the teen just as he is arrested, that is now really exploding across social media right now; that picture.

And this image from "CBS News" shows the bloodied teen on a boat in a Watertown backyard where he's likely been hiding for hours.

He was first wounded in a Friday morning shootout with police that killed his brother and he may have been hit again in last night's gunfight with police.

The boat owner says he saw a smeared blood and pulled back the tarp to find Tsarnaev lying there, he was apparently weak from blood loss but still refused to surrender until the last volley of gunfire.


UNIDENTIFIED MALE: We have movement in the boat. He just sat up, he is moving, he's flailing about.


ROMANS: The suspect now hospitalized at Boston's Beth Israel Deaconess, that's where we find Pamela Brown this morning. She has been following the story for us. Pam, what do you know about his condition right now? PAMELA BROWN, CNN: The last chats authorities are telling us that he is still in serious condition. We don't know the extent of his injuries or where his injuries are.

But when he was brought here to Beth Israel Deaconess last night, authorities said he was weakened from a substantial loss of blood.

There are indications that he was wounded during a shootout with authorities early Friday morning, and then possibly wounded again and during another gunfight that happened at the boat, where he was discovered last night.

But again, we know right now he is in serious condition, the hospital has denied our request for an interview.

All they can say is that he is here and the FBI is fielding questions from the media about his condition. Of course, we're hoping for a press conference to get some more answers.

BERMAN: Pamela, John Berman here. Do we have a sense of when the next step in the legal process might be?

BROWN: Well, if he is physically able he could be arraigned as early as this weekend. It is unlikely that will happen considering he is in a serious condition.

But when the arraignment does happen, a preliminary hearing will be set within 30 days and the indictment will go to a grand jury.

He hasn't been charged yet and the charges that he does face will determine whether his trial goes to a state or federal level and whether he will face a death penalty because the state of Massachusetts does not have a death penalty, but as of now we don't know the charges that he will face.

ROMANS: You know Pam, we know that so many of the victims went to Beth Israel right after the attacks.

Are there any still in the hospital and certainly people must be finding a sort of an irony I guess that, you know, the suspect is being treated the same place where his alleged victims are being treated.

BROWN: Yes, you can imagine how disturbing this must be for the victims who are still at this hospital. There are 12 victims here that were injured in the bombings on Monday.

We know from reports that some of the victims that are here right now have lost limbs, they are in serious condition. So, there is certainly concern about that, but we have seen a large police presence here.

There have been security outside the hospital, inside the hospital. It appears the hospital is doing everything it can to make the patients feel safe and comfortable. But as you mentioned, there is a level of irony here and a level of discomfort with the fact that he's staying here along with the patients that were injured in Monday's bombing.

ROMANS: All right, Pamela Brown, thank you so much, she is outside Beth Israel hospital in Boston here for us this morning. That is where the suspect, again, is being treated, we're told in serious condition --

BERMAN: Yes, can you imagine being the family to some of the victims --


BERMAN: Right there?


BERMAN: With that suspect --

ROMANS: There're a lot of reasons, yes --

BERMAN: In treatment right now too, but it also goes to show the professionalism of the hospitals here in the Boston area.


BERMAN: People in and around Watertown are simply calling this all unreal. The tense 24-hour manhunt changed that neighborhood into a war zone, swarming with police, swarming with SWAT teams, also the National Guard.

CNN's Poppy Harlow shows us how this all went down.


POPPY HARLOW, CNN (voice-over): An extraordinary manhunt for two brothers on the run.

RICHARD DESLAURIERS, SPECIAL AGENT, FEDERAL BUREAU OF INVESTIGATION: Today we're enlisting the public's help to identify the two suspects.

HARLOW: Just hours after it began, an MIT officer is gunned down, then a carjacking and a middle of the night chase into Watertown where a shootout with police ensues, some 200 rounds of gunfire exchanged.

Sources tell CNN the suspects threw a grenade and pipe bombs at police.

UNIDENTIFIED MALE: We heard gunshots and then we saw the explosion.

UNIDENTIFIED MALE: A ton of gunshots and they're like boom, like three big bangs.

HARLOW: Officers shoot suspect number one. 26-year-old Tamerlan Tsarnaev who later died with explosives strapped to his body. But his younger brother Dzhokhar Tsarnaev flees, armed and dangerous.

TIMOTHY ALBEN, COLONEL, MASSACHUSETTS STATE POLICE: What we're looking for right now is a suspect consistent with the description of suspect number two.

HARLOW: More than 9,000 officers mobilized, much of Boston under lockdown as authorities search high and low for suspect number two.

EDWARD DAVIS, COMMISSIONER, BOSTON POLICE : We believe this to be a terrorist. We believe this to be a man who has come here to kill people.

HARLOW: As the hunt continues, the suspect's family speaks out.

ANZOR TSARNAEV, SUSPECT'S FATHER (through translator): Someone framed them, I don't know who exactly did it but someone did, and being cowards, they shot the boy dead.

RUSLAN TSARNAEV, SUSPECT'S UNCLE: He put a shame on the Tsarnaev family, Tsarnaev's family, he put a shame on the entire Chechen ethnicity.

HARLOW: Late Friday, still no capture.

ALBEN: We do not have an apprehension of our suspect this afternoon, but we will have one.

HARLOW: But just an hour later, officers have suspect number two cornered.

DEBORAH FEYERICK, CNN: They have the suspect, they believe it is the suspect, they know exactly where he is. They've cordoned off a section of Watertown.

BRIAN TODD, CNN: They are yelling loudly to someone either in the boat or near it, come out, why don't we just hurt him? Saying, come out on your own terms, we also heard them say come out with your hands up.

ANDERSON COOPER, CNN: 8:45 p.m. --

HARLOW: And then at 8:45?

COOPER: The Boston Police Department has just tweeted "suspect in custody."

HARLOW: Soon after the streets of Boston erupt in celebration.


DESLAURIERS: Two perpetrators who caused so much pain and anguish are no longer a threat to our personal safety and to our communities.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: We've closed an important chapter in this tragedy.


BERMAN: Poppy Harlow joins us now live from Watertown, Massachusetts. And Poppy, you know we saw the pictures of the people celebration -- celebrating the jubilation on the streets there, which truly is understandable.

But at the same time here, this is still a city, an area very much in recovery.

HARLOW: Yes, absolutely, I mean, it's your city, you know it so well. Yes there was jubilation last night for good reason, but at this hour we still have 58 people in the hospital, three of them in critical condition, two of them are children.

So, this is a city that is reeling, that is trying to cope with the enormity of the tragedy that it has gone through, and you have four precious lives that have been lost in all of this.

Of course, eight-year-old Martin Richard, his life lost there, standing right by the finish line, the Chinese exchange student, Lingzi Lu, also the 29-year-old woman Krystle Campbell and that MIT police officer shot down, Sean Collier.

So, as this city tries to move on, yes it has the jubilation but it also has the tragedy. And you know, some of the victims' families have responded today, joined to the arrest.

The brother of Krystle Campbell telling "The Washington Globe" that yes -- excuse me, "The Boston Globe" that he is glad this arrest happen, but it doesn't bring his sister back and that sentiment echoed also by the Richard family, saying none of this will bring back our beloved Martin.

So you still have a long way to go here.

BERMAN: So true, nothing will bring back their children, their brothers, their sisters. Poppy Harlow in Watertown, thank you so much.

ROMANS: And the Richard family still has the recovery of their daughter too and --

BERMAN: The mother --

ROMANS: The mother. So this is just -- this is still just the beginning for so many of these families.

Meantime, a spokesman for Russian President Vladimir Putin says Russia wants to get official information on the Boston bombing suspects from the United States and expects there to be contact between investigators of both countries.

BERMAN: So, how likely is this? Let's ask Pentagon correspondent Barbara Starr joining us right now. And Barbara, what do we know about this Russian-U.S. connection? BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, John, Christine, good morning. This now brings the investigation right into the international arena.

The relations between the U.S. and Russia and the focus on central Asia, especially the area near Chechnya where this family was originally from.

What we have now is, we know that the FBI in 2011 at the request of another country, no one has said it's Russia but you might assume reasonably.

The FBI looked at the older brother, that there was information and this country came to the FBI and said we are worried about him, we think maybe he is involved in potential troubling activity.

The FBI acknowledged the request and said in part last night, they said "the request stated it was based on information that he, the older brother was a follower of radical Islam and a strong believer, and that he had changed drastically since 2010.

As he prepares to leave the United States for travel to the country's region to join unspecified underground groups."

What we know is that the older brother traveled to Russia for about six months last year. The look now is where was he? Who was he meeting with? What was he doing?

The U.S. Intelligence community, the FBI now going back looking at everything. John, Christine?

BERMAN: Yes, I imagine that trip to Russia for that older brother, a crucial piece of information that all the intelligence agencies will be looking to do very closely. Barbara Starr of the Pentagon, thank you so much.

ROMANS: All right, the investigation into the suspects will take authorities from Boston to a Russian Republic that has a history of its own in terrorism, that's where the suspects families live and where CNN traveled to get some answers.


ROMANS: We want to get right to Nick Paton Walsh this morning, he is in Dagestan right now where he's just had an interview with the father of the terrorist suspect; the Boston Marathon terrorist suspects.

Nick, what can you tell us about the father and what he said to you?

NICK PATON WALSH, CNN INTERNATIONAL CORRESPONDENT: Well in truth, Anzor Tsarnaev have drove passed here a couple of times this afternoon. Pulled up recently to let a family member in (INAUDIBLE) behind me to collect something.

We approached his car and he wound down the window, said to me that his sons had never ever had any involvement in the allegations against them in Boston in relation to the marathon bombing there.

He went on to tell me that he would be going to America soon, presumably to offer some kind of assistance to Dzhokhar who is currently in custody.

And also, was kind of noncommittal when I said have you had any conversations here with Russian Special Services, their security service here.

But above all really, a very angry man who as of yesterday felt possibly it was worth speaking to the media to deny his son's involvement in this.

I think perhaps today still struggling with the disbelief of the accusations against his two sons and frankly the spotlight this has brought on to his life here.

Towards the end of the conversation he was clear he did not want to speak at all and began to wind the window of his car up against us there.

Obviously a man under enormous pressure here and simply I think trying to absorb the enormity of what U.S. officials say has happened to his family.

ROMANS: Does he say, Nick, how he knows his sons did not do that? I mean, does he say what -- on what basis he has his own brother, the father's own brother has gone on, said that, you know, this is a shame on the family, and shame on all Chechens.

WALSH: Yes, I mean, I asked him quite simply, when did you last speak to them? You know, tell me when your last conversation was?

Trying to flesh out on this element of disbelief and I think his comment and many people we see in this town here, no matter how many pictures you show of them, you ask them have you seen any of the evidence?

They're still a common theme amongst people here, not wanting to believe that these two brothers who passed through this town one briefly, one perhaps at greater length could have stooped to these particular lows.

But certainly the one thing I think I saw in this man's face was real fury I think that he was in this situation, that the spotlight was upon him, I think perhaps his denial's aren't necessarily enough to stop the questions from coming.

BERMAN: Nick, you said the father is very angry right now. Do you have a sense of where that anger is directed? Is he angry at the situation? Is he just emotional or is he flat-out angry at the United States for some reason?

WALSH: I think the truth at the moment he's probably angry at much the media trying to get answers out of him, that's certainly the impression I think we got during that conversation. That's all from the reflection of being in this situation where the messenger becomes the target for their wrath. But I think certainly he must feel that this point that there are a lot of accusations being made against his sons.

I'm sure he might be able to construct an argument that much of the evidence in the public domain so far involves pictures, photographs and I think certainly he wants to be in the United States.

I would imagine as soon as possible to assist Dzhokhar, the survived son from that, accused of being picked up in that boat last night. John.

BERMAN: All right, Nick Paton Walsh reporting for us from Dagestan this morning, Nick, thank you so much and we will get a look at that interview --

ROMANS: Yes --

BERMAN: Which again, Nick describes as quite angry as soon as we get that tape back. Thanks so much.

ROMANS: Another top story we're following today, search and rescue crews still continuing their efforts for those missing in Texas after an intense explosion flattened parts of a small town.

We are live in West Texas.


ROMANS: Another top story we're following this week's massive explosion at a fertilizer plant. A fire then an explosion, the blast so intense it registered as a 2.1 magnitude seismic event and leveled parts of the small town of West Texas.

BERMAN: We're talking about homes, we're talking buildings that were really simply wiped off the map. In total, 14 people lost their lives, another 200 were injured, there are still some people unaccounted for and CNN's Martin Savidge is live in West Texas this morning.

Martin, what's the latest?

MARTIN SAVIDGE, CNN: Good morning, John. Yes, the recovery effort is going to continue today, really two things they're focusing on.

One, trying to find those who may still be among the victims that are buried and then on top of that trying to figure out exactly how did this happen?

What exploded and why did it explode with such a devastating impact? It's a town of only 2,600 people, there are 50 homes that have been destroyed, other buildings as well.

Three of the four schools have been damaged in some way. So, you know, I can go on and on and on, but that gives you a sense of the impact.

The number of missing has been greatly reduced, authorities say by at least 90 percent, so it is hoped the death toll will not rise too much beyond the 14 you mentioned, but it could rise.

I also just want to give you some of the statement that was released by the company. We heard from them for the very first time last night.

It's locally owned. I've heard statements from companies in aftermath of disaster before, never have I heard one so heartfelt, and it reads in part, "the selfless sacrifice of the first responders who died trying to protect all of us is something I will never get over.

I was devastated to learn that we lost one of our employees in the explosion, he bravely responded to the fire at the facility as a volunteer firefighter.

I will never forget his bravery and his sacrifice or that of his colleagues who rushed to trouble. This tragedy will continue to hurt deeply for generations to come."

That's Donald Adair, and he is right, it will be felt in this community so much long beyond the -- well, after all of us leave here. Back to the two of you.

ROMANS: All right, Martin Savidge, thank you so much. And Donald Adair, Adair Grain Company owns that fertilizer plant. And I'll tell you this was a week I think, a week that was about first responders really.

I mean when you look at the two major news stories of the week and how first responders were vital in both of them, I mean sort of a big thank you --

BERMAN: Here --

ROMANS: I think.

BERMAN: Here in Boston last night after the arrest of the second suspect, people were chanting on the streets BPD! Boston Police Department and just big tears for all the first responders.

ROMANS: President Obama reassuring those Texas residents yesterday that their recovery also is a top priority.


OBAMA: So much attention has been focused on the tragic events in Boston understandably. We've also seen a tight-knit community in Texas devastated by a terrible explosion.

And I want them to know that they are not forgotten. Our thoughts, our prayers are with the people of West Texas, where so many good people lost their lives, some lost their homes, many are injured, many are still missing. (END VIDEO CLIP)

BERMAN: We are so lucky right now to be joined by one of the brave Texans who ran right into danger to help strangers, just after that explosion.

Chris Kubacak is an eighth-grade science teacher from West Texas. He rescued residents in a nursing home Wednesday night. And Chris, first I should say, your parents live in West Texas, so are they OK?


BERMAN: So, where were you? There was a fire and then there was the explosion. Where were you when the explosion happened?

KUBACAK: I was in my home in Waco, and I got a text message from my dad saying that there had been an explosion and it had blown several windows out of the house.

So, I got in my truck and started heading this way, thinking I was just going to help him board up some windows and along the way he text and said the nursing home had been destroyed and that they needed help over there.

ROMANS: So, you went over to the nursing home. Tell me what did you see? What did you do when you got there?

KUBACAK: I had -- as I was driving through town I hit a couple of road blocks, I end up parking probably five or six blocks away at my grandpa's old house and I ran down several blocks.

As I got there, I saw -- people were wheeling out elderly people on wheelchairs and then taking them back in. I had a -- there was a lady running down the street trying to push two wheelchairs at the same time, going back in to get more people.

And I just -- I grabbed one of those wheelchairs and ran in with her. The nursing home itself it was kind of -- it was just total devastation.

The ceilings had -- were falling in, the walls kind of came in and it was just, people running around like crazy, trying to get everybody out as fast as they could.

BERMAN: We're looking at these scenes, these pictures of the aftermath, just scenes of utter devastation right now. What was it like to be in the middle of that all? It must have just been incredibly confusing.

KUBACAK: It kind of was confusing because at the same time my phone was ringing constantly with people asking if I knew of anybody that was safe and if my parents were safe.

And I had a -- I went around to where the apartment complex was destroyed, and was waiting to help wheel people off of there and I received a call from my cousin asking about his grandmother that was in the assisted, living on the other side of the nursing home.

And it was just kind of -- everything kind of happened really fast. It seemed like a long time within -- over the long haul it was only probably about 15-20 minutes.

ROMANS: Chris, can you tell us how people are coping there? I mean we have 14 people who are confirmed dead, a few people who are still missing, and I got to tell you, the whole country, I mean our thoughts and prayers are with all of you guys, this whole town just must be devastated.

How are people doing today?

KUBACAK: Every -- I mean, you know people are certainly upset and grieving, but we're a real close tight-knit community, everybody is banding together and trying to stay as positive as we can, and you know, hope to, you know, clean up and rebuild.

BERMAN: All right, Chris Kubacak, a science teacher, an eighth-grade science teacher unwillingly or willingly very much becomes the first responder running into danger to help pull people to safety.

It's an honor to have you here this morning --

ROMANS: Yes, thank you --

BERMAN: Thank you so much.

KUBACAK: All right, thank you --

BERMAN: So for days following Monday's horrific -- thanks Chris, and then here in Boston for days following Monday's horrific bombings.

People all over the world took to social media to help find the then unknown terrorist suspects. But did all this help or did it hurt the FBI's hunt? We're going to ask those questions right after the break.


BERMAN: It's the bottom of the hour. Welcome back, everyone. I'm John Berman. Thank you so much for being with us, thank you for starting your morning with us as well. Here in Boston, elation and relief.


CROWD: Boston, Boston, Boston, Boston, Boston.


BERMAN: Nineteen-year-old Dzhokhar Tsarnaev is in a Boston hospital this morning. He is under heavy guards, this image from CBS News shows him bloodied on a boat on a backyard in Watertown. He was captured last night after a gun fight with police and it was this tweet that confirmed to residents what they'd be hoping for since Monday's bombings it read "Suspect in custody." The FBI was also quick to announce the dramatic conclusion adding the word "captured" to its wanted poster. And now this morning's "Boston Globe" wraps up the sentiment of an entire city, the headline reads "Nightmare's End". That really does say it all.

So have you heard of this thing called Boston bomber sleuthing? In the minutes following Monday's Marathon bombing people all over the world put on their unofficial detective hats and took to social media sites like Reddit in the hopes of finding who was behind the terror attacks.

The cover photo from explains it really well it says, "People were highlighting and circling and charting out almost everyone's moves from that day from pictures and videos they filed together, not exactly CSI but -- but nothing like this has really been done before."

Joining me now is the director of the MIT Initiative on Technology and Self Sherry Turkle; CNN law enforcement analyst, Tom Fuentes; and clinical psychologist Jeff Gardere.

So the question we all have is did this social media, did this sleuthing help or hurt this whole investigation? Tom Fuentes let me start with you.

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: Good morning John. Well the fact is that (inaudible) too little so the only time it hurts is when you get information from the public is that when somebody deliberately is trying to cause trouble for an ex-husband or ex-wife or somebody they have a personal grudge with for some reason.

But when people are sincerely trying to help, you just never know and out of that -- it's an avalanche of information, but out of that might be just the right snowflake that solves the case, so you know, from the FBI or police standpoint they'd rather have too much than too little.

BERMAN: Let me toss this out to the group here: is this the new norm here? Are we going to see social media becoming -- become the norm in solving big crimes like this?

JEFF GARDERE, CLINICAL PSYCHOLOGIST: I think definitely you will. This is how people stay in touch. This is how people stay empowered. This is how people are able to communicate with one another. And as psychologists, we tell people don't give in to the anxiety, don't give in to the fear. Instead, find ways to be involved, to stay stronger and this is how we try to stave off as much of that PTSD that we see later on.


BERMAN: There is a lot of misinformation, though, that gets passed around or uninformed pictures, uninformed, you know, things. Is it really possible to have people with no training doing this investigating? SHERRY TURKLE, PSYCHOLOGIST: You know, except a lot -- a lot of what we did see is people who've grown up with the ethos of "I share therefore I am" on social media turning detective work into something of vigilante work. There are a lot of misidentifications -- misidentifications that made their way from Reddit into the media, on to the cover of "The New York Post" onto the cover of other major media outlets and then right back into those people's personal lives, into their high schools, people really feeling ashamed, frightened to go to school, frightened to see their friends.

There's been a lot of collateral damage here and when I look down the Reddit site and look at who was targeted in this massive -- in this massive effort, a lot of people with turbans, a lot of people with dark skin. It became a window for our anxieties about the other.

So when -- I think we have to look very carefully at -- at what happens to us when we're told to, if you see something, say something. We've become anxious and we have to be careful at what happens to us when we are called upon in situations like this.

BERMAN: Caution and discretion is always in order in investigations like this.


BERMAN: Tom Fuentes last question to you: would it have ever been solved so quickly if not for social media, if not for everyone out there helping? I mean these photos were posted at 5:00 on Thursday and then by the next morning, one suspect was dead and another one was on the run.

FUENTES: Well I think both. I think you had the regular media putting it out worldwide and then as well as social media, but I would like to go back and echo what Sherry said that she's absolutely right it can go too far. It can do damage and -- and I have concerns and I've spoken about it in the past with the -- with the comment if you see it, say it.

That's very true, but also look at it through -- through the lens of the people that are going to be saying it and that is that oftentimes you're going to have people call in because somebody doesn't look like we look like. And in events like this, this is an international social and athletic event, the Boston Marathon, you have people from all over the world, you have residents, we have an immigrant community, we have students from all over the world who are here, evidenced by the young Chinese lady that was killed watching the race.

So it can go too far because people then have a tendency to say you don't look like me therefore you're suspicious, you're not the same color, you're not the same ethnic background or national background, therefore you're suspicious to me. I'm going to call the authorities." So yes, the individualized profiling on that basis can be taken to excess.

BERMAN: I think one thing is for sure that this last week will prove something of a case study in future events like this moving ahead. Sherry Turkle, Tom Fuentes, Jeff Gardere -- thank you for joining us, certainly food for thought.

FUENTES: You're welcome.

BERMAN: So normally -- normally during an arrest police tell you that you have the right to remain silent, but not for the Boston bombing suspect. Why police are not reading his Miranda rights and what this means for you, when we come back.





BERMAN: That was the streets of Boston and surrounding towns last night, clearly people so excited that this second suspect now in custody. Justice Department official tells CNN that the 19-year-old suspect will not be read his Miranda Rights. The government is invoking what's called the public safety exception that lets authorities question a suspect without warning him first. This is allowed in cases of immediate danger.

ROMANS: Meanwhile, Senators John McCain and Lindsey Graham in a statement last night said Dzhokhar Tsarnaev should be treated as a potential enemy combatant. Quote, "Now that the suspect is in custody the last thing we should want for him is to remain silent. Under the law of war we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel."

With us now from New York is Paul Callan, CNN legal analyst and a former New York prosecutor. What is this tactic? What are police trying to find out from him at this point?

PAUL CALLAN, CNN LEGAL ANALYST: I think they're trying to find out two things, first, are there other unexploded bombs out there that have to be recovered to protect the public and I think secondly they're going to want to know how did you get all of this explosive material? Who sold it to you? Where is the chain? Are there others who may be involved in some kind of a broader conspiracy? Those are the two areas that I think federal authorities would be exploring.

BERMAN: Obviously there are a lot of legal implications about this and a great deal of discussion about this. I want to you listen to what -- what Alan Dershowitz said about this.


ALAN DERSHOWITZ, LAWYER: The government made a terrible mistake tonight by claiming this public safety exception to Miranda when the police have said there's no public safety issue here, it's solved, it's over, there are no further threats but the FBI is still saying there are enough further threats to justify an exception to Miranda. They should have given him Miranda.


BERMAN: He raises an interesting conundrum right there. The police merely hours before had said, you know, the streets are safe at least you don't have to shelter indoors anymore and then two hours later they're saying -- claiming a public safety exemption not reading him his Miranda warnings. Do you see this as a contradiction or a mistake?

PAUL CALLAN, CNN LEGAL ANALYST: I see a big controversy brewing here but, you know, the thing I want to start out by saying is that the Miranda decision is widely misunderstood. A lot of people think if the cops don't read you your Miranda rights, the case gets dismissed. That's not true. The only thing that happens is if you confess, the confession can't be used in the trial against you. If there's other evidence to convict you, you can still be convicted.

So a lot of people think "Oh, gee, I didn't get my rights, case dismissed." So we start with that presumption, but now we're getting into this more interesting issue because the Justice Department is saying well when there's a public safety emergency we don't have to give Miranda warnings. This is going to be very, very controversial, and then Senator McCain ups the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war.

Well, what that means is McCain is saying the guy doesn't deserve a jury trial. He's going to be, I don't know whether McCain is suggesting he'd be shipped off to Guantanamo, which that would be a radical departure from the way justice is handled in the United States, particularly where a naturalized American citizen is involved and the arrest has taken place on American soil.

So this is an enormous controversy that's brewing, depending upon how this case is handled.

ROMANS: You know, I mean obviously people aren't going to sympathize with the suspects but there are those, some who could say maybe is he being denied some rights. Are there any reasons we should be concerned about authorities invoking the public safety exception here?

CALLAN: I don't think a lot of tears are going to be shed for the suspect in the Boston bombing case but I think when lawyers look at this, you worry not about him so much as other individuals in the future who may be forced to confess to crimes they didn't commit.

Remember the Miranda decision came about when the federal courts felt that the police were abusing their rights, and they were getting coerced confessions and that innocent people were being convicted. And this Miranda decision came along to make sure that suspects knew they had the right to an attorney which is guaranteed by the U.S. Constitution.

So I think in the long run, that's what we have to worry about, the erosion of the rights of American citizens. But this public safety exception has existed since at least 1984, and if there's a legitimate fear that there may be other explosive ordnance out there that can endanger the public it's certainly a legitimate use of that doctrine. So I don't see a huge problem at this point but we've got to follow the case closely.

BERMAN: All right. But it certainly is spawning a lot of discussion right now in many legal circles. Paul Callan thanks for joining us to helping explain really what's happening here.

CALLAN: Thank you John.

BERMAN: The President addressed the nation last night -- as we say the President facing the nation last night, addressing the situation, bringing a message of hope but also a pledge for answers after to the capture of the Boston Marathon bombing suspect. We will have the latest from Washington coming up next.


ROMANS: The president spoke to the nation last night, offering gratitude to the men and women of law enforcement and the city of Boston, after the bombing suspect Dzhokhar Tsarnaev was captured.

BERMAN: The President told city residents that quote, "Boston may be your hometown, but we claim it, too." But in that message of hope he also offered a quest for answers and he pledged all the support the government could offer.

Athena Jones is at the White House this morning and Athena, give us a sense of what else we heard from the President.

ATHENA JONES, CNN CORRESPONDENT: Good morning guys. I should mention that here at the White House the flags are still flying at half staff and the President was closely monitoring the events in Boston as they unfolded yesterday. He was being regularly briefed and he got constant updates through the television coverage that he was also following.

I believe we have a picture of Lisa Monaco, who is the President's assistant for homeland security and counterterrorism updating the President after the capture of that second suspect last night. Later in the night last night when he spoke to reporters in the briefing room he continued to offer the kinds of words of comfort to Boston and to the victims that we've been hearing but he also began to raise some of the questions that many of the folks who have been following this closely have been asking.

Let's listen to what he had to say.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: Obviously tonight there are still many unanswered questions. Among them, why did young men who grew up and studied here as part of our communities and our country resort to such violence? How did they plan and carry out these attacks, and did they receive any help?

The families of those killed so senselessly deserve answers. The wounded, some of whom now have to learn how to stand and walk and live again, deserve answers.


JONES: And the President went on to say that the investigation continues to try to get some of these answers. He's instructed the FBI and the Department of Homeland Security to deploy all necessary resources to try to find out as much as they can about this. Back to you guys.

ROMANS: Athena, I know the FBI director, he's also issued a statement, hasn't he? What did he have to say?

JONES: He has. I believe we have the statement we can put some of it on the screen. He said -- Director Mueller said, "During this long week we have seen an extraordinary effort by law enforcement, intelligence, and public safety agencies. These collaborative efforts with the help and cooperation of the public resulted in the successful outcome we have seen tonight." This was last night's statement.

"The investigation will continue as part of our efforts to seek answers and seek justice and there will be no pause in that effort." And so of course that's where the attention is focused now on learning as much as we can from the suspect and from questioning others who knew him. Back to you guys.

BERMAN: All right, Athena Jones at the White House this morning, thank you so much for being with us. Appreciate it.

JONES: Thanks.

ROMANS: All right. Ahead we're going to tell you about stories that you might have missed during the Boston bombing in pursuit of the suspects.

The Boy Scouts could be about to make one of the biggest changes to their organization ever, that's next.


BERMAN: Welcome back, everyone. You know the story here in Boston just so huge, it consumed so much of our attention.

ROMANS: Right.

BERMAN: But there were a number of stories that you may have missed during the coverage here.

At least 113 people are dead after a powerful earthquake struck southwestern China today. More than 3,000 people are injured. The quake struck Sichuan Province -- that's the same region that suffered a catastrophic earthquake about five years ago. Emergency teams are rushing to the stricken area but landslides and aftershocks are making access very difficult.

ROMANS: The Boy Scouts of America are considering ending its ban on gay members. Under the proposal from the organization's executive committee, the scouts would no longer deny membership to youth on the basis of sexual orientation but the ban on gay adult leaders would remain in place. A vote by the Boy Scouts' voting members is expected in May. If approved, the new policy will take effect on January 1.

BERMAN: Spring snow storms and record Midwest rains are making many miserable so when will the weather warm up and dry out? We kind of want to know here, too this morning.


BERMAN: Let's ask meteorologist Alexandra Steele in Atlanta today. Good morning Alexandra.

ALEXANDRA STEELE, AMS METEOROLOGIST: Good morning to you guys. Well, the good news for you and all in Boston we are going to see that rain move out. Here is the line. It's all with the front. This is what brought all of that flooding to the Midwest. And flash flooding in the Midwest may be over but the river flooding is still a major concern.

So there's the rain, it's all moving out, all the big cities will have really a nice, dry weekend although breezy in the northeast today. Temperatures will warm through the weekend and those winds will certainly calm down.

Here is the flood threat showing you where all the flood warnings are meaning we are seeing flooding or flooding is imminent. It's the Indiana, the Illinois, and really the Mississippi Rivers. The biggest concern, what we saw in Chicago, of course, all the expressways shut down, shelters have been opened, homes have evacuated. The three biggest states, Illinois, Indiana, that's where we are seeing and have seen the flooding.

Big picture today, the front's off the coast, temperatures in the southeast dramatically warm and of course all eyes on the Midwest, because we are going to see more rain on Tuesday, guys.

ROMANS: All right, Alexandra Steele. Thank you so much, Alexandra.

BERMAN: Thank you all for starting your morning with us.

ROMANS: That's right. The special coverage of the capture of Boston marathon bombing suspect continues right now.