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CNN NEWSROOM

Real Estate Arrested on Murder Charges; Suspect in Ferguson Police Shootings Charged; Ohio River Overflows into Cincinnati; Carjacking Testimony at the Boston Bombing Trial; Aired 10-10:30a ET

Aired March 16, 2015 - 10:00   ET

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


RANDI KAYE, CNN ANCHOR: Let's talk in the CNN NEWSROOM.

<10:00:07> Good morning, everyone. I'm Randi Kaye, sitting in for Carol Costello today. Thanks so much for joining me.

A 71-year-old millionaire behind bars this morning arrested in the killing of his longtime friend, crime writer Susan Berman. Robert Durst, an eccentric real estate heir, is the subject of the HBO documentary series called "The Jinx." About his connections to this and other unsolved murders.

And filmmakers caught him making a possible confession to the murders. How? Well, Durst was talking to himself in a bathroom but was not aware his microphone was still on.

Listen to this.

(BEGIN VIDEO CLIP)

ROBERT DURST, REAL ESTATE HEIR: There it is. You're caught. You're right, of course. But you can't imagine. Arrest him. I don't know what's in the house. Oh, I want this. What a disaster. He was right. I was wrong. And the burping. I'm having difficulty with the question. What the hell did I do? Killed them all, of course.

(END VIDEO CLIP)

KAYE: And we should point out that HBO is owned by Time Warner, the parent company of CNN.

CNN's Jean Casarez is joining me now from New Orleans for much more on this.

Jean, good morning.

JEAN CASAREZ, CNN LEGAL CORRESPONDENT: Randi, good morning. The court hearing is going to take place in just about one hour from now. We're right here at the criminal courthouse here in New Orleans.

And the whole issue is, will Robert Durst fight extradition or will he say, I will voluntarily go back to Los Angeles, California, to fight these first-degree murder charges. They are the murder charges resulting from the slaying in the year 2000. So over 14 years ago of his confidant and very good friend Susan Berman.

Now CNN has learned from a law enforcement source that was briefed on this investigation that when Robert Durst was arrested Saturday night in the late hours, right here in downtown New Orleans, he was near an elevator. He was mumbling to himself and he was sort of walking in circles. He had checked into that hotel on Tuesday using cash, a fake name. He had a fake driver's license on him when he was arrested. And he stays in the local jail here until this extradition hearing.

Now this morning on "Good Morning America", the director and producer of the HBO documentary spoke because there was much incriminating information that came out in that documentary.

This is his response on "Good Morning America" in regard to their involvement with law enforcement. Listen to this.

(BEGIN VIDEO CLIP)

ANDREW JARECKI, DIRECTOR, THE JINX: Well, we have been in contact with law enforcement for the past two years. And so when we finally found that subsequent admission, what happens in the bathroom, we contacted them and we said we have something more.

(END VIDEO CLIP)

CASAREZ: And of course the defense attorney would say this is an alleged omission and his defense attorney, Chip Lewis, also gave a comment in regard to those comments. Listen to this.

(BEGIN VIDEO CLIP)

CHIP LEWIS, ATTORNEY FOR ROBERT DURST: My overarching thoughts are, I was a bit underwhelmed given the lead-up and the build-up to this new development. L.A. County has got a case, we'll address those facts in the courtroom. But generally speaking, I was underwhelmed, honestly, Judge.

(END VIDEO CLIP)

CASAREZ: And that is the comment that Chip Lewis gave to FOX News.

Now Robert Durst is no stranger to the justice system. His wife, a medical student at the time, went missing in 1982. He's never been charged with that disappearance. But he was charged with first-degree murder in Galveston, Texas. He was out-and-out acquitted by a jury.

But now, Randi, he faces those same charges in Los Angeles. Back to you.

KAYE: Jean Casarez, thank you very much.

Michael Daley joins me now for much more on this. He's a special correspondent with "The Daily Beast."

Nice to see you, Michael. So first of all, what do you make of those words that were -- that were caught on that tape with his microphone on and he was apparently unaware of. Incriminating or not?

MICHAEL DALY, SPECIAL CORRESPONDENT, THE DAILY BEAST: Well, I'd say yes, it's pretty incriminating.

KAYE: Yes.

DALY: I think he's a guy who had no friends -- who had a lot of money and no friends and spent a lot of time by himself and apparently he was mumbling to himself outside the elevators.

KAYE: Yes.

DALY: And he seems to be mumbling to himself in the bathroom.

KAYE: Right. What do you think about the timing of the arrest? Why now?

DALY: Well, I mean, the one thing that bothers me in this, I think the documentary guys did a great job. HBO did a great job. They can do things that cops can't because they can't talk to a guy who has a lawyer. But you got to wonder, they had this incriminating stuff nine months ago. They filmed the interview almost three years ago. And on the eve of the series finale, the guy gets collared?

(LAUGHTER)

I think everybody involved is very -- is very lucky that someone else didn't turn up dead around Mr. Durst in the last nine months.

KAYE: Yes.

<10:05:07> What about a motive? I mean, we're talking about now he's arrested in this 2000 murder. What would have been the motive?

DALY: Well, the supposed motive, I mean, I think the theory has been from the beginning, for people, when he was a suspect was that Susan Berman -- when his wife went and disappeared, Susan Berman, she worked for "New York" magazine, she knew the press so she became essentially his spokesman. She'd knew him since college.

And then in October, in October the word comes that Jeanine Pirro, the D.A. up in Westchester, is going to reopen this case and one of the people she wants to speak to is Susan Berman, with the thought that maybe Susan Berman knew something about the disappearance of the wife. And, you know, that's October. In December Susan Berman turns up dead.

KAYE: Execution-style, no less.

DALY: Yes.

KAYE: What about these letters that you wrote about, these letters that were discovered?

DALY: Well, you got -- one thing, I mean, we all make mistakes. You've got to wonder why the detectives didn't find that other envelope that was in her personal effects, were turned over to her stepson. In those personal effects was this envelope with this distinctive block letters with the misspelling of Beverly, that happens to match almost exactly a letter that was sent to the police saying there's a cadaver in that address.

KAYE: The handwriting.

DALY: The handwriting. And -- on the envelope. And Durst himself on the documentary says whoever sent that letter to the police had to have been the killer. And I think that's right. So he says that had to be a killer and all of a sudden you have this envelope with almost identical lettering on the outside and an identical misspelling. And you've got to wonder.

KAYE: Yes. You certainly do. Well, I'm sure we'll learn much more about this in the days and weeks ahead as he heads to -- heads to court.

Michael Daly, nice to see you. Thank you.

DALY: Thank you. Thank you.

KAYE: And Durst's attorney, by the way, Chip Lewis, will be on "LEGAL VIEW" with Ashleigh Banfield. That is two hours from now at noon Eastern Time.

All right, now to Ferguson, Missouri, new developments in that brutal shooting that nearly killed two police officers during last week's protests. Authorities have arrested this man, 20-year-old Jeffrey Williams. Among the charges against him, two counts of first-degree assault. Williams has admitted to firing the shots but denies that he was aiming for the officers.

Let's bring in CNN's Stephanie Elam. She's on the ground in Ferguson this morning.

Good morning, Stephanie.

STEPHANIE ELAM, CNN CORRESPONDENT: Good morning, Randi. If you take a look at this case, the shooting happened late Wednesday night, early Thursday morning really, and they were able to nab the shooter Saturday night.

Looking at all of the evidence, they said they were really instrumental in getting this arrest because they got tips from the community and people who were also outside protesting.

(BEGIN VIDEOTAPE)

ELAM (voice-over): Police say 20-year-old Jeffrey Williams admitted to firing the shots that hit two officers late Wednesday in Ferguson. The question now is why?

After meeting with Williams in jail, Bishop Derrick Robinson told me Williams says he did not target the officers. Instead firing the shots at someone he claimed robbed him. BISHOP DERRICK ROBINSON, SPOKE WITH SUSPECT JEFFREY WILLIAMS: I asked

him to describe the individual and he said he couldn't. And I told him I would come back to see him and could he provide me more information of who this person is.

ELAM: Authorities say Williams told them a similar story and they made it clear Sunday they have their doubts.

ROBERT MCCULLOCH, ST. LOUIS COUNTY PROSECUTING ATTORNEY: It's possible he was firing at some other people and the officers, of course, were in the back. However, it's still an assault in the first-degree.

ELAM: Investigators believe the shots came from inside a car on an elevated side street about 125 yards away from police. They also told me both wounded officers were standing side by side.

JEFF ROORDA, ST. LOUIS POLICE OFFICERS ASSOCIATION: Sort of a case of shooting fish in a barrel, I think.

ELAM: Some in law enforcement say it seems unlikely that the target was anyone other than the officers based on the precision of the shots that hit them.

ROORDA: When you're from an elevated position and the officers are clustered as they were that night, I mean, if your intend was to shoot into a crowd of officers, the shooter certainly succeeded.

ELAM: Roorda, president of the St. Louis Police Officers Association, also tell me there were other people in the suspect's car, and law enforcement analysts say finding them could be key in determining Williams' true intent for allegedly firing the shots.

TOM FUENTES, CNN LAW ENFORCEMENT ANALYST: There's no need for McCulloch right now to speculate and say no, he must have intended. We don't buy the story that he was being robbed or it was an accident. There's no reason to speculate. He already has enough evidence, admissions and forensic evidence.

(END VIDEOTAPE)

ELAM: And CNN has attempted to reach out to Williams. We understand that he does not have a lawyer yet but he will be meeting with several possible lawyers today. We also understand that he will be in court today as well -- Randi.

KAYE: All right. Stephanie Elam, thank you very much.

And be sure to stay with us. Later this hour Bishop Derrick Robinson joins us live to talk one-on-one about that conversation with the suspected gunman.

Let's talk more about the situation in Ferguson with HLN legal analyst and criminal defense attorney Joey Jackson.

<10:10:02> We're also joined by Cedric Alexander. He is the president of the National Organization of Black Law Enforcement Executives and the chief of police for DeKalb County in Georgia.

Thanks to both of you for joining us.

Joey, let me start with you first on this. So, Williams, the alleged shooter, says that he wasn't aiming for the officers. This was all about --it was stemming from a dispute that he had with other protesters. What's your reaction to that?

JOEY JACKSON, HLN LEGAL ANALYST: Well, what happens is that's a critical point because it goes to motive, Randi. And ultimately that's what we want to find out. The prosecution wants to know what was his motivation. Now it's far different, first of all, in the event that you discharge a firearm and you do so recklessly, it's a crime. There's no question.

The reality, though, it could be a substantially higher crime in the event that he meant to fire at those officers and how you ask? First degree is what he's charged with in terms of assault. If you knowingly cause serious physical injury to someone by discharging that firearm, that's punishable by up to life.

In the alternative, Randi, if you do it recklessly, that is, you consciously disregard the risk that your behavior could result such as firing a shot in the air, that's seven years. So there's a critical distinction between the two and that's why, hey, you know, were robbers out to get me? Was I just firing a shot in the air, or was I firing at officers?

Very important distinction.

KAYE: Which is why probably a lot is being made about the suspected gunman and where he was actually standing and where the officers were standing because it seems as though the two police officers were standing side by side. So how does that -- you know, I mean --

JACKSON: Sure.

KAYE: If the fact that they were standing side by side, I mean, what does that say about his defense that he wasn't aiming for these officers?

JACKSON: Right. Well, ultimately, what the defense will say is that the fact that they're standing side by side is mere happenstance. If you discharge rounds consecutively then certainly it's probable the two people who were standing side by side, if you fire -- again consecutive boom, boom, would potentially get hit.

However, it's really going to go to what did he intend when he was discharging that firearm and if the prosecution can link that intention with firing at officers, again, it is life in jail. Very serious charges there, Randi.

KAYE: Let me bring in the chief.

Chief Alexander, the DOJ report that revealed the city's police force was engaging in discrimination against African-Americans. It has already forced the police chief to resign there. The Ferguson mayor says no way, he's staying put.

Do you think that the mayor needs to go?

CHIEF CEDRIC ALEXANDER, DEKALB COUNTY, GEORGIA: Well, what's going to make that determination is going to be citizens in that city. And I think it's pretty much evident to all of us across this country and hopefully to the residents there in Ferguson, as well, too. They'll make that determination as who they think and believe their city leadership should be.

The most important thing here I want to mention, Randi and Joey, as it relates to this shooting, and I'm certainly glad that this guy is in custody. One thing that's happened that's really important here is that police and community worked well together in bringing and identifying this subject.

That's a clear example of what needs to happen going forward in that community because it is clear that protesters weren't going to stand for it. They took an active part in identifying this subject and so did other residents working with local police. So kudos to the both of them because that is what's critically important in that community right now.

KAYE: Yes. No question that is a big step. But certainly the next Ferguson police chief is going to have an incredibly difficult job ahead. Any advice for that incoming -- incoming chief?

ALEXANDER: Well, here again, I think it's important that that community along with its leadership whoever it may be now or in the future is that that community have an opportunity to help pick its next leadership, whether they're elected officials, whether they're appointed officials, that community needs to have a part in identifying who their next leaders are going to be, who their next chief is going to be, who their next city manager is going to be, and any other positions that may come open during that time because it's there that that community has an opportunity to have a voice in terms of how they live their lives every day in terms of who leads that community every day.

And it makes for just a much better relationship between government and the people that they are supposed to be serving there in that -- in and around that community.

KAYE: Sounds to me, Chief, like you know what the community needs. Would you -- would you take the job if it was offered?

ALEXANDER: No. I've got a job. I'm here in the great --

(LAUGHTER)

JACKSON: You do it very well, Cedric. Very well.

ALEXANDER: Thank you very much, Joey. No, I'm here in a great county with some great citizens and great elected officials and great support and even, you know, every community has its challenges. We have our challenges right here. But I tell you, quite frankly, when you include a community in everything that you do and make it part of what you do every day, it makes the job a lot easier than you can ever imagine.

KAYE: Yes.

JACKSON: And, Randi, on that point, certainly the police need the community and we know the community need the police, and to Cedric's point, we know that the community was certainly involved in apprehending this person.

KAYE: Yes.

JACKSON: Who should not under any circumstance have discharged that weapon.

KAYE: Yes, which is -- it's great to see that they're -- they seem to be working together at least in this case.

<10:15:03> JACKSON: Hope it continues.

KAYE: Yes. Joey Jackson, Cedric Alexander, thank you both very much.

ALEXANDER: Thank you.

KAYE: Still to come, flooding in Cincinnati. Melting snow and heavy rains pushing the Ohio river near record levels. A live update on conditions there coming your way next.

(COMMERCIAL BREAK)

KAYE: All right. Everyone, check out this video from Cincinnati. The Ohio River hitting its highest level in nearly 20 years cresting at more than 57 feet. And the water is expected to remain above flood stage for most of the week. Melted snow and heavy rains, a main cause of the flooding that damaged homes, businesses and washed-out roads in some low-lying areas around the city.

Pam Haverkos joining me now. She's the Emergency Management director of Claremont County, Ohio, right next to Cincinnati.

Pam, tell me what you're seeing this morning.

PAM HAVERKOS, EMERGENCY MANAGEMENT DIRECTOR, CLAREMONT COUNTY, OHIO: Well, at this point the water is beginning to recede so we're working with the local communities to begin debris cleanup.

KAYE: And about how many homes and businesses have been damaged where you are? What does it look like?

HAVERKOS: In Claremont County we have approximately 10 homes that have primary residential structures that have been impacted. We'll have damage assessment teams go out and do assessment once the water recedes. We had a few of those properties that were inaccessible when the water levels were high.

KAYE: And in terms of the worst areas, what are -- what are some of the worst spots for this flooding as we continue to look at these pictures here?

<10:20:01> HAVERKOS: Most of our impact was just accessibility issues so the primary roads being impacted so it's limiting people's access to their homes.

KAYE: And when do you think --

HAVERKOS: In terms of where we had the most homes impacted was in the village of New Richmond.

KAYE: And when do you think people will be -- you know, will be over dealing with the flood threat there?

HAVERKOS: Once the water recedes, we'll begin that debris management process and cleaning up the roads. I mean, it's going to take a few days if not weeks just to get that cleaned up.

KAYE: Yes. Well, we wish you the best of luck. We can see in the video here that we've been looking at while talking to you, it's quite a cleanup under way there.

Pam Haverkos, thank you very much. Best of luck to you there as well.

HAVERKOS: Thank you.

KAYE: I'll be right back.

(COMMERCIAL BREAK)

KAYE: The Boston bombing trial resumes today with more testimony about the carjacking of Dun Meng. Last week Meng recounted his daring escape testifying Tamerlan Tsarnaev admitted his guilt during the kidnapping. The trial's focus is expected to then shift to Tamerlan's death.

Tamerlan's life ended shortly after this shootout with Watertown Police three days after the bombing.

Alexandra Field is in Boston this morning following the latest on the trial for us.

<10:25:01> Good morning, Alexandra.

ALEXANDRA FIELD, CNN CORRESPONDENT: Good morning, Randi. Prosecutors have been making their case chronologically so now we will move on to what happened in Watertown that night. Both of the brothers involved in a shootout with police. Tamerlan dies and Dzhokhar Tsarnaev goes on to hide in a boat in Watertown where he is found a day later.

That boat, Randi, has already figured very prominently into the case. Prosecutors say that is where Dzhokhar Tsarnaev wrote a note explaining his motive for the attack saying that he wanted to execute this attack on America.

This morning, Randi, jurors took a secret visit to actually go see the boat themselves. They have already seen photos of the note written inside but today they were taken to an undisclosed location somewhere in south Boston. The boat was transported there overnight and jurors got a turn two-by-two, they were lifted up and they were able to look down into the boat to see where that writing was done, where the blood stains are in that boat and where some 110 bullet holes still riddle the side of that boat, Randi.

That's what the reporters who were able to go along -- two reporters there saying at least 110 bullet holes in that boat -- Randi.

KAYE: And was there any sense from the reporters who did get to go along how that impacted the jurors?

FIELD: They said that the jurors were tremendously curious about this. To sort of explain the logistics, the boat was lifted up high on a lift so they were able to be brought up on a lift themselves and sort of peer down two-by-two and they could see inside where that note was, according to the reporters who were out there, it was a very faded note. The blood stains pretty faded.

But this was the kind of piece of evidence that would really make a tremendous impact because they've been hearing so much about this boat and in fact the prosecutors had only wanted the jury to see pictures of that note but the defense had argued for this visit saying it was important for the jury to see that note in context to understand where Dzhokhar was when he wrote what he wrote inside that boat.

So certainly a very powerful image. We know that Dzhokhar was there as well. He had three lawyers with him. He was off to the side under a tent observing these proceedings. And security was of the utmost concern here. They were, you know, expressing concerns, it seems, about moving the defendant away from the courthouse to this undisclosed location and that's why the details of the trip were not revealed to the rest of the media until Tsarnaev was brought back to the building and the jury had returned to the court -- Randi.

KAYE: Yes. Understandable those security concerns.

Alexandra Field, thank you very much.

And still to come, an arrest in a vicious shooting that nearly killed two police officers in Ferguson, Missouri. Up next, we'll talk to an area organizer who spoke to the suspect after his arrest and how this latest incident could impact future protests.

10:27:34

(COMMERCIAL BREAK)