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ERIN BURNETT OUTFRONT

U.S. Moving Warships in Showdown With Iran; ISIS Executes Dozens of Christians; New Video of Chlorine Gas Attack On Civilians; Six Officers Suspended, Man Dies Days After Arrest; Interview with Baltimore Mayor Stephanie Rawlings-Blake; Clinton: GOP "Talking Only About Me". Aired 7-8p ET

Aired April 20, 2015 - 19:00   ET

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


[19:00:09] ERIN BURNETT, CNN ANCHOR: OUTFRONT tonight, breaking news, American warships on the move at this hour. A major show of force against Iran. A live report coming up.

And an OUTFRONT investigation, we have disturbing new footage tonight of a horrific gas attack on innocent civilians. And this is happening now. We're going to show that to you.

And more breaking news tonight. New video released in the case of a Baltimore man arrested and then dead. His spine said to have been severed. OUTFRONT tonight, the city's mayor. Let's go OUTFRONT.

Good evening to all. I'm Erin Burnett. And OUTFRONT tonight, we begin with breaking news. U.S. warships moving into place against Iran. Tonight the USS Theodore Roosevelt and the USS Normandy both deployed to the Arabian Sea. They will join seven more American warships on a mission against Iran. Now, they're supposed to monitor Iranian ships to see if they're shipping weapons. This announcement comes on the same day we are learning that an American reporter for "The Washington Post" has been charged with spying for the U.S. against Iran. He's in Tehran where he's jailed. The State Department calls the charges against him absurd. Demanding his immediate release.

But in the same breath, State Department officials say this all has no bearing, no bearing at all on a nuclear deal with Iran. They say warship and a jailed American journalists simply are not related to a deal to stop Iran from obtaining a nuclear weapon.

Our chief national security correspondent Jim Sciutto is OUTFRONT. Jim, these are major developments. Upping the ante in a perhaps huge way. Let's start with these warships. They're being deployed to see if the Iranians are shipping weapons. But that would presume the Americans are willing to board the Iranian ships which of course could be perceived as an act of war. Are they willing to board them?

JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT: Well, it's something they would like to avoid. But they're moving into position to be prepared to intercept this convoy, of seven to nine Iranian ships with the suspicion of those ships in bringing arms to the Houthi rebels in Yemen. I am told they are joining other allied naval ships in the area. These are the Saudis, these are the Egyptians, and of that group of partner nations, including the Americans, but not necessarily the Americans, if those Iranian ships do enter Yemeni territory with waters, Erin, they are prepared to board them. And search them. And look for those weapons if they're there.

BURNETT: A pretty incredible thing if it were to actually happen. Because, obviously, there's this nuclear deal that they say is more important than anything. And today, Jim, we learned about charges, Iran, with an American journalist who's been in jail now for seven, eight months. A Washington Post reporter, an American in Tehran. They're now charging him with spying. At the same time, the United States is still involved in the nuclear negotiations and they seem to be going full steam ahead with that. I don't get it. You put warships out there. You have an American in jail. But the State Department says, this is absurd and yet they're going ahead with the deal?

SCIUTTO: Yes, I mean, this is the thing. This has been a decision by the Obama administration from the beginning to make the nuclear talks in the Iranian side, to make the nuclear talks just about the nuclear program. So, you separate out Iran's say support for terrorism. You separate Iran's horrible human rights record at home. But also, this case of an American journalist Jason Rezaian, and I've met him in Iran. I interviewed his brother yesterday. These charges today really a worst case scenario. They are charging him with spying, acting on behalf of a hostile government with propaganda. These are very serious charges. It means that he could very well face a very serious trial in this country. And a very serious sentence. But listen to how the State Department answered that question that you asked, how do you have nuclear negotiations and separate out this case of an American in one of the worst prisons in Iran? Here's what she had to say.

(BEGIN VIDEO CLIP)

MARIE HARF, ACTING STATE DEPARTMENT SPOKESWOMAN: We always raise it in every ground. That's correct.

UNIDENTIFIED MAN: So I'm wondering, does this give you any pause about, you know, going full throttle ahead with the negotiations?

HARF: They really are a separate issues.

(END VIDEO CLIP)

SCIUTTO: That's been the position there. Separate issues. And it is true that Secretary Kerry and another U.S. diplomats do raise the case of Jason Rezaian. And there are two other Americans, Amir Hekmati, Saeed Abedini who are held there as well on what are viewed by the U.S. as trumped-up charges. But they made this decision Erin, pursue the nuclear track, avoid these other issues. But, you know, you've got Americans there, you got naval warships with a possible standoff of Yemen. It's hard to imagine how you keep those balls in the air juggling. It's a difficult diplomatic dance.

BURNETT: It's certainly is. And it's hard to say, we're going to do a deal with somebody when you're also dealing with all these other things. Something about it just doesn't make any sense about what you just heard or say.

Jim Sciutto, thank you very much.

SCIUTTO: Thank you.

BURNETT: We also have breaking news now with the first migrants rescued from that ship in the Mediterranean now arriving in Italy at this hour. Only 28 of them are known to have survived. This is the ship that rescued them bringing them back to Italy. Nearly 1,000 people are feared dead. The ship that they were on capsized in root from Libya to Italy. There are women and children below decks, apparently as it sank. Many of them fleeing ISIS. The terror group is now growing stronger, operating controlling parts of Libya and releasing this new video. Showing the gruesome beheadings of dozens of Christians.

Nic Robertson is OUTFRONT.

(BEGIN VIDEOTAPE)

[19:05:35] NIC ROBERTSON, CNN SENIOR INTERNATIONAL CORRESPONDENT (voice-over): Nearly 1,000 people feared lost. Drowned when the fishing boat taking them from Libya to Sicily capsized in the Mediterranean. That deadly crossing, now an almost daily tragedy. Most of the migrants heading to Europe. In search of a better life. But among them, those escaping, the brutal advance of ISIS, which just released new images of another execution. Frames of fear, snapshots from a 29 minute ISIS and Libya propaganda video. Ethiopian Christians, ISIS says, some of them beheaded on Libya's Mediterranean coast. The others, shot dead. Hundreds of miles away, near Libya's southern borders. Chillingly similar, to a brutal ISIS mass murder two months ago. Back then, it was 21 Egyptian Coptic Christians executed. The next day, Egyptian fighter jets pounded ISIS hideouts. A subtext to this new slick video. The bombings made no difference. ISIS is expanding in Libya. The country's foreign minister is appealing for international help.

MOHAMMED DAIRI, LIBYA'S FOREIGN MINISTER: We are appalled at this barbaric killing of 28 Ethiopian nationals yesterday in Libya.

ROBERTSON: Six months ago, ISIS was only just beginning to put down roots in Libya. Today, they're using this multilayered propaganda video. Put together by the same media propagandists ISIS uses in Iraq and Syria Al Fukam (ph). Portraying themselves not just as expanding in Libya, but connected to ISIS central in Syria. In Iraq and Syria, ISIS has repeatedly targeted Christians. Demanding they convert to Islam, pay a non-Muslim tax or face execution.

(END VIDEOTAPE)

(on camera): The new video uses Iraqi and Syrian Christians claiming they live safely under ISIS. But it's hardly the message most people are going to remember edited together with such brutal killings -- Erin. BURNETT: All right. Nic Robertson, thank you from London tonight.

And OUTFRONT now, Phil Mudd, former deputy director of the CIA, counterterrorism center, and the author of the new book "The HEAD Game" along with Seth Jones, senior official of U.S. Special Operations Command during the Iraq and Afghanistan wars.

Phil, let me start with you. These U.S. warships, all right? The breaking news tonight, we've now got up to nine of them, and they are supposedly there to watch these Iranian ships and see if they are transporting weapons. In the middle of a nuclear deal. And the State Department is doing everything it can to say nothing of this is related to the nuclear deal which is very, very hard for anyone to understand. But my question to you is, what is the U.S. really going to do about it? I mean, to actually do what they say they're going to do, they would have to board Iranian ship and see if it had weapons. To do that would probably unravel the whole deal. So, will they actually have the nerve to do it?

PHIL MUDD, FORMER CIA COUNTERTERRORISM OFFICIAL: Erin, look if you're talking about boarding a ship across -- off the coast of Yemen, let me be clear on the intelligence picture here. If you're an intelligent professional, you can get to a level of confidence, let's say 60 or 70 percent --

BURNETT: Yes.

MUDD: That there might be a weapon on a ship. My problem is an intelligence professional is you have one shot here if you're going to board a ship.

BURNETT: Yes.

MUDD: And that is, you got to be 90 or 100 percent. I don't think you can get to that level of confidence. I think this is more of a message to the Iranians that says be careful here, if you're going to arm the Houthis, we'll going to after you. But boarding a ship, I think the level of intelligence confidence you're going to get here is not high enough to board a ship.

BURNETT: And that's fascinating because they can't do it and be wrong. That would be disastrous to the United States --

MUDD: They can't be wrong. One shot.

BURNETT: You cannot be wrong. Seth, this new ISIS video, horrific masked figure in the video speaking English again with an American accent. You have some Christians being shot to death, you have some Christians being beheaded in different locations. All this video released at the same time from ISIS. Why is this important that, again, in a Libyan video you have the man doing the talking, speaking English, with an American accent?

SETH JONES, FORMER SENIOR OFFICIAL, U.S. SPECIAL OPERATIONS COMMAND: Well, Erin, since the overthrow of Kaddafi in 2011, Libya has deteriorated into a sort of miasma of Jihadist groups. But the fact that ISIS is really now controls some territory, including places like Sert (ph) and is now encouraging Americans to come over there is interesting. And this actually comes within 24 hours of major FBI arrests, both in Minneapolis and in San Diego of six individuals who were trying to get over to the Levant to fight with ISIS. So, this message including Americans is designed or this is impart designed to get people to come over either to North Africa or into the Levant to fight with them.

[19:10:38] BURNETT: So, Phil, this point about different locations, right? You have, you know, some being shot, some being beheaded in different places. This shows a control of more territory, it shows coordination, it shows something much more sophisticated in Libya than a lot of people expected.

MUDD: Yes. Let's talk about the shift we've seen in recent months. If we were talking, let's say going back to last fall or even through the winter, you would have said ISIS in Syria and Iraq is an ideological engine for the Jihadi movement. It's an ideology that people in places like Nigeria or Yemen or Libya are raising their hand and saying I'm interested in the ideology. I might not know ISIS people, but I want to sign up to the big guys on the block. The significance of what we saw with this video, is that we're now seeing not only ideological interest by these groups, we're seeing operational coordination. The coordination of this video shot in Libya, may be produced or circulated by people in Syria, Iraq. That kind of coordination is something we didn't see even months ago. What it shows me is that ISIS is trying to jell this global jihadi movement beyond simply ideology to operational coordination.

BURNETT: All right. Which could be very significant. Of course, as their goal, their ultimate goal they say is a caliphate --

MUDD: That's right.

BURNETT: -- which would take all of these countries and all of this space over. All right. Thanks to both of you. I appreciate it. And next we have on OUTFRONT investigation which we think is really important to see. This is very awful to see, but important. We have graphic new video tonight. This is gas attack against innocent civilians in Syria. We're going to show it to you. And we're going to talk about what the United States is doing to stop it. This is coming out right now. This isn't from long time ago.

And breaking news, six Baltimore police officers suspended tonight. New video of a black man's arrest surfaces. We have that for you.

And new information tonight about the white deputy at the center of the Tulsa shooting. Records show he wasn't allowed to carry the gun he fired. Is he getting special treatment?

(COMMERCIAL BREAK)

[19:16:20] BURNETT: Today we have new video to show you. This is video of a family that was attacked with chlorine gas. A family with three small children. And we're going to show it to you. It is disturbing and frankly evil when you look at what happens to this family. But we believe it is important to show the world what is taking place right now in Syria.

Here's Atika Shubert with an OUTFRONT investigation.

(BEGIN VIDEOTAPE)

ATIKA SHUBERT, CNN CORRESPONDENT (voice-over): The grandmother brought in first, already dead. Then the three children, foam at the baby's mouth, a telltale symptom of chlorine gas. There is no space for them at this hospital. The children are piled on top of their grandmother's body. Two-year-old Sarah still breathing.

(SPEAKING FOREIGN LANGUAGE)

"We tried everything, when the family was brought in," Dr. Tanari (ph) told CNN. "CPR, oxygen masks, respirator, but all of it failed." His eye and lungs burning while trying to resuscitate this little girl and others, Dr. Tanari testified before the United Nations Security Council. He will do the same with U.S. officials this week showing evidence of chlorine gas used by the Assad regime. Ostensibly targeting rebel forces but affecting civilians. Despite these images, Syrian President Bashar al Assad dismissed the video as a quote, "Fake narrative of western government." It's been nearly three years since President Obama set his red line.

PRES. BARACK OBAMA (D), UNITED STATES: We have been very clear to the Assad regime but also to other players on the ground that a red line for us, is we start seeing a whole bunch chemical weapons moving around or being utilized.

DR. ZAHER SAHLOUL, SYRIAN AMERICAN MEDICAL ASSOCIATION: I told them that President Obama mentioned that chemical weapon use is a red line. Many of them actually laughed.

SHUBERT: Dr. Sahloul who has campaigned around the world for a no fly zone and a humanitarian corridor into Syria brought Dr. Tanari to the U.S. to share what he witnessed.

SAHLOUL: It's still happening, it happened last year. It is happening now. It will happen in the future.

SHUBERT: Since Obama's declaration, Syria claims to have destroyed its talks of sarin nerve gas and other illegal chemical weapons. But there is nothing illegal about chlorine bleach unless you one Syrian doctor explains, you pump it into a barrel and use a helicopter to drop it on to civilian population. Which is exactly what happened to civilians in Sarmin (ph). Hours after both doctors testified to the UN, another chlorine gas attack was reported in the same area.

(SPEAKING FOREIGN LANGUAGE)

In Syria, Dr. Tanari says, "There is no such thing as a safe place." An admission that the horror captured in this video, is bound to be repeated.

(END VIDEOTAPE) SHUBERT: When that video was shown to the UN Security Council, UN Ambassador Samantha Powers said there wasn't a dry eye in the house. Sadly though both doctors I talked to said they don't need tears, what they need is help stopping the bombs from dropping.

BURNETT: I mean, it's just horrible when you see those lifeless bodies of those babies, that little girl. Atika, thank you.

And I want to bring in now OUTFRONT, Republican Congressman Mike Turner. He serves on both the Intelligence Select and Armed Services Committee. Congressman, this is horrific. When you see those children, it's almost as if there's some sort of a wax body. They're so lifeless. This gas attack happened just one month ago, right? This is just in recent days. President Obama had said the Syrian President Basher al Assad crossed a red line almost two years ago when he used chemical weapons at the time it was sarin gas. When you see these children, these babies, do you think the United States has failed?

REP. MIKE TURNER (R-OH), INTELLIGENCE COMMITTEE: Erin, you've been doing an excellent job tonight really making the case of throughout this entire area of questioning what is the American response. You know, chlorine gas is one of the most painful deaths, certainly in the images that you showed, I'm certain that it was very horrific both with what you're seeing with ISIS, ISIL, the Assad regime. All of these are both acts of brutality, we're also seeing, you know, their use of 21st Century communication techniques. But what we are seeing is an area that has become lawless and or has become barbaric. It certainly something that deserves a much greater American response. And it's something that certainly the administration needs to have a coordinated response for.

BURNETT: So, when you're saying a greater American response. Let's go back to when Assad used that sarin gas, that of course was the end of the summer in 2013. And at that time Congressman, you'd said you would vote no to military action against Syria. Assad of course still in power. We're now seeing, you know, chemical weapons still being used. As Atika showing us that video. Do you still say no in terms of American military intervention?

TURNER: Well, it wasn't a no to American military intervention, it's a no to what the President's plan of the time was. The President was --

BURNETT: But that was air strikes.

TURNER: -- saying that -- red line, that if chemical weapons had been used that he would do tactical air strikes to try to diminish their capability to use chemical weapons. But he had, in fact no real plan as to how those attacks would be coordinated, not make a greater problem. But also what we see within Libya, this president needs to come up within a coordinated plan in Libya and in the Assad regime issue with Syria. You know, we need to oppose Assad regime plan, oppose Kaddafi regime plan. The administration is continuing to allow these areas to fall into chaos and ISIS and ISIL barbaric tactics are filling in the void. [19:21:57] BURNETT: Yes. So, in an interview today, which we saw a

brief clip in Atika's reporting, the Syrian president was asked about his use of chlorine gas specifically. The video that Atika showed us. What he said was, quote, "We didn't use it, no, there's no proof." And the thing is, of course Congressman, at this point the proof seems to be undeniable. I warn our viewers this next video also very disturbing. This was last night on "60 Minutes." They showed the horrific sarin gas attack carried out by Assad, this was the one back in 2013. In which 1,400 civilians died. The alternative though to Assad, right? If the U.S. said, get him out of there. That alternative could be ISIS. Which obviously controls growing territory in Syria. Is the ugly truth here? The Bashar al Assad is better than any other alternative?

TURNER: No, I don't think you make that false choice. I think the issue, really comes down to the administration once again, committing itself to the area. You know, when the President committed to withdrawal from Iraq, he also committed to hold an Islamic extremist at bay in this report. The Iraqi democratic institutions at its territory integrity. When he failed to do that, the void was filled by ISIS and ISIL that then went into Syria and retook territory in Iraq. Now we're seeing, as you reported today, they're coordinated assassinations of Christians and killings in Libya.

BURNETT: Yes.

TURNER: This is all an area that needs United States leadership. When you look at the 9/11 commission report. Chapter 12 specifically said that if America looks at this as an issue of al Qaeda and Osama bin Laden and walks away, that we're going to have this types of chaos that we're seeing today, the President needs to step up with a coordinated global response for this level of terrorism and certainly post planning for these regimes.

BURNETT: Congressman Turner, thank you for your time tonight. Sir, I appreciate it.

And next we have new video. This is a black suspect who died from a severed spine just days after being arrested in Baltimore. My guest, the victim's attorney and the mayor of Baltimore.

And the deputy of a Tulsa shooting of an unarmed black man. We have new documents that show he may not have even been cleared to carry the gun he fired that killed a man.

(COMMERCIAL BREAK)

[19:27:56] BURNETT: Breaking news. Six police officers suspended in Baltimore this as new video surfaces tonight of a young black man arrested by police who went into a coma dying of a severe injury to his spinal cord. In this video just in to CNN, you see 25-year-old Freddie Gray screaming as he's dragged by police.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: (Screaming) Ahh! Ahh! (Bleep). UNIDENTIFIED MAN: After they tased (bleep) like that. Man I been

recording this (bleep) I been recording it.

UNIDENTIFIED MAN: Get his badge number.

UNIDENTIFIED MAN: What car he come out of, yo?

(END VIDEO CLIP)

BURNETT: You see him unable to walk. His legs lifeless already at this point. It reportedly took police 30 minutes to call for medical help after these pictures. And you hear Gray screaming in pain as he's being dragged. Police say they're investigating. They say those officers though insist they did not use force. So, how did Freddie Gray end up like this? On life support, spending the last week of his life in a coma with a severed spine?

Miguel Marquez is OUTFRONT from Baltimore.

(BEGIN VIDEOTAPE)

MIGUEL MARQUEZ, CNN CORRESPONDENT (voice-over): Witnesses say from the very beginning, Freddie Gray asked for medical attention.

WILLIE ROOKS, SAYS HE WITNESSED FREDDIE GRAY'S ARREST: They flipped him over and they put both knees on his back. And held him there. Until the cruiser came to pick him up. He was hollering that the handcuffs was too tight. He was hollering, "the handcuffs too tight, the handcuffs too tight. I got asthma. I got asthma."

MARQUEZ: Today, Baltimore police had six of its officers are suspended with pay after 25-year-old Freddie Gray fell into a coma and never recovered dying Sunday, seven days after being arrested by police.

JERRY RODRIGUEZ, BALTIMORE DEPUTY POLICE COMMISSIONER: There was no physical bodily injury that we saw, nor was it evident in the autopsy of Mr. Gray. None of his limbs were broken. He did suffer a very tragic injury to his spinal cord. Which resulted in his death.

[19:30:07 MARQUEZ: Cell phone video captured by a witness just after his arrest shows Gray's limp body being carried by police as he shouts in pain. Witnesses' say what happened before the cell phone started recording amounted to abuse. His family lawyer says his spine was nearly severed.

DUANE DAY, SAYS HE WITNESSED FREDDIE GRAY'S ARREST: He put his hands up like this the officer went straight to him. Hit him in his mouth. Put the cuffs on him.

MARQUEZ: But police disagree, saying Gray was arrested without force or incident. He has a history of prior drug arrests and lived in one of West Baltimore's toughest neighborhoods.

The family lawyer says Gray got coffee that Sunday morning, saw police officers, he feared and ran. (on camera): As soon as he saw police, he took off running,

zigzagging to the alley ways there, came down that alley way, across this green patch here, and across this street and down this alleyway here. Police say it took all of two minutes from when they first saw him to the time they arrested him, which is hard to believe it is several blocks away.

(voice-over): The Gray family lawyer contests information police has put out, saying it is critical to know when Freddie Gray was seriously injured and how long it took to actually get him help.

(on camera): This where witnesses say he was first taken by police. Other witnesses told his attorney he was dragged about 20 feet up the sidewalk here. This is the housing project in Baltimore. He was dragged to this area. And that part where you see the video, that's where this was taken here.

(voice-over): One of many police surveillance cameras on this block. Baltimore police say only one picked up a tiny bit of the incident. And it didn't show any officers doing anything wrong.

The Baltimore police initially said Gray was arrested for carrying a knife. Today, Baltimore's mayor went out of her way to make clear that carrying a knife is not grounds for arrest.

(END VIDEOTAPE)

ERIN BURNETT, CNN ANCHOR: All right. Our thanks to Miguel Marquez, obviously, having a little bit of an audio difficulty. Thanks to you, Miguel.

And tonight, the mayor of Baltimore, Stephanie Rawlings-Blake.

Mayor, thank you so much for being with me.

The breaking news tonight, that new cell phone video from a bystander. Let me just play a small portion of it.

(BEGIN VIDEO CLIP)

(CROSSTALK)

UNIDENTIFIED MALE: That was after they tased the (EXPLETIVE DELETED) out of him like that.

They tase you like that, you wonder why he can't use his legs.

(END VIDEO CLIP)

BURNETT: At that point it looks like he can't use his legs, which you see the bystanders say. You also hear that the bystanders say the police tased him.

This afternoon, though, in the press conference, of course, the deputy police commissioner said an officer took out his taser but did not use it. So, now, you have a witness a taser was used, the police a taser was

not used. Do you trust the police version of events?

MAYOR STEPHANIE RAWLINGS-BLAKE, BALTIMORE, MD: Well, that's why we're doing this investigation. It is understandable that a witness would think a taser was used if it was taken out. But, if a taser is engaged, there is a record of that, an electronic record in the taser. So, that evidence will be in the investigation, which we're very committed to making sure we get this right.

BURNETT: So, that --

RAWLINGS-BLAKE: We have had a very challenging history in our city when it comes to trust between the community and the police. We have to make sure that this investigation goes forward. That it's transparent. And that we actually have independent eyes to take a look at it. It's too important not to get it right.

BURNETT: I think it's -- the point that you make there, they're going to have an electronic record on that taser is obviously going to be crucial.

But, you know, there's issues here of race, there's issues here of possible excessive violence. Freddie Gray's attorney says his spinal cord was 80 percent severed near his neck. We know police are saying they arrested him because of what they say was a hidden knife. I guess, at face value -- I know you're doing an investigation. At face value, Mayor, would that sort of a crime, justify an 80 percent severed spine?

RAWLINGS-BLAKE: I don't know, you know -- that is a very terrible injury, which led to Mr. Gray's untimely death. I don't think that there's very much -- you know, I don't think any of us are given a justification. We're trying to figure out exactly what happened.

Having a knife is not necessarily probable cause for a stop or an arrest. And we're trying to get to the bottom of it.

BURNETT: Freddie Gray was a young black men, the officer seen in the video that we see happened to be white. Do you think Gray would have been pursued by police in the same way if he were white?

[19:35:00] RAWLINGS-BLAKE: You know, I think it's an interesting question. That type of speculation isn't useful or helpful. Whether or not he was -- it was white, is irrelevant. He was black.

And, you know, that fact isn't going to change. Neither are the facts of this case, which we will -- that we are determined to get to the bottom of.

BURNETT: All right. Thank you very much, Mayor Rawlings-Blake. I appreciate your time tonight.

RAWLINGS-BLAKE: Thank you.

BURNETT: OUTFRONT now, Billy Murphy Jr., the attorney for Freddie Gray's family.

And, Bill, good to have you with me. Let me just -- you heard the mayor --

WILLIAM MURPHY JR., ATTORNEY: Good to be here.

BURNETT: Thank you, sir.

Trying to make this -- you know, not trying to make this a racial issue. Nonetheless, though, Baltimore is a is city that has plenty of problems related to that. I put the question to you, because your client, he lost his life in this altercation. Do you think this would have happened if he were not black?

MURPHY: Well, to understand the answer to that question, and the probable answer to that question, you got to look at the history of police brutality in Maryland and across the country. It's primarily white police officers beating up and killing black men.

So, if that's the history, if that's the pattern, certainly you'd be remiss not to ask the question, did race have anything to do with this incident.

And, of course it did. We had this long history in Baltimore of literally whitewashing these kinds of cases. That didn't come to an end until cell phone cameras made it dangerous for the police to lie about what they had actually done to a suspect. And so, yes, there's a history of racist police brutality in Baltimore and across the country.

BURNETT: So when you see --

MURPHY: It colors this case.

BURNETT: It does. The police are saying, sir, that their version is Freddie Gray was arrested without force, without incident. Obviously, you see him being dragged there. His legs weren't able to move. They say at that time he was fine that something happened in transport. That's what they say happened. What's your understanding of what happened?

MURPHY: Well, I don't know all of the details, I have not seen the autopsy report, which ought to be illuminating in some respects. I haven't seen the written statements or the oral statements that were made by the six police officers who have been suspended.

I thought that perhaps they had refused to cooperate with the investigation until I heard the press conference. And the deputy commissioner actually said to you what they allegedly said, that they didn't use excessive force, et cetera.

So, clearly, they made statements. Where are those statements? If we're going to be transparent why don't you release the statements they made?

Let us look at them whether they are consistent or inconsistent, or whether they make sense or don't make sense, or whether they're false in whole or in part. Let us see. Bring them to the light of day.

Don't use part of the stuff that they said to your advantage, and leave the rest out. So that's problem number one.

Number two, we learn for the first time at some point, probably right before he was sent to the hospital, there was a second person in the van. Well, that's a curious thing. And we heard that he was separated by some kind of screen. But did he hear anything? What did he say?

Again, in the interest of transparency, we didn't hear anything about that.

BURNETT: All right.

MURPHY: We heard about multiple stops, what was the reason for the multiple stops? Was the man in physical distress? Was he being stopped so he can be constantly monitored because he was deteriorating physically. When did that happen? When was the first time of the deterioration?

Again, transparency didn't get us an answer to that.

BURNETT: All right. Well, Billy --

MURPHY: What about probable cause?

You know, there's so many unanswered questions that have arisen as a result of a rather bizarre press conference where I think the mayor did her part. I think she was sincere. But after that, it degenerated into bizarreness.

BURNETT: All right. I appreciate your time. And I know there are a lot of questions out there. We're going to be having you back to talk about those answers, and, of course, the police as well. Thanks very much to you, Mr. Murphy.

And OUTFRONT next, the white Tulsa deputy who shot an unarmed suspect who happened to be black. We now know that deputy was certified on several weapons, but here's the thing, not trained on the gun that he used to actually kill Eric Harris. That report is next.

And Hillary Clinton fighting off today.

(BEGIN VIDEO CLIP)

HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: I don't know what they talk about if I weren't in the race.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[19:43:48] BURNETT: Troubling new allegations tonight that the 73- year-old volunteer Tulsa deputy was not trained to use the gun he fired that killed Eric Harris. That was, of course, the unarmed black man who lost his life in that incident. We have gone through the 64 pages of documents that detailed the wealthy insurance executive's training and certifications, which is at the core of this situation. As we found out from that, there is no mention of the revolver deputy Robert Bates used in the shooting.

Ed Lavandera is OUTFRONT.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): Tulsa County sheriff Stanley Glanz was the toast of the town at a groundbreaking event on Monday, barbecue and cake, to celebrate a sheriff's department building to be named in his honor.

All this as the Sheriff Glanz faced the glare of heated questions about the training history of reserve deputy Robert Bates and the undercover sting that went horribly wrong.

ROBERT BATES, RESERVE DEPUTY: Oh, I shot him, I'm sorry.

LAVANDERA: "The Tulsa World" newspaper reported last week that several sheriff's deputies falsified Bates training records. The Tulsa sheriff denies this.

(on camera): Is there an investigation into these allegations of the falsified records? Are you guys actively investigating --

[19:45:02] SHERIFF STANLEY GLANZ, TULSA COUNTY: No, we are not.

LAVANDERA: Why wouldn't you be given the magnitude and power of those allegations --

GLANZ: Apparently, they don't want to talk to me. But they're welcome to. They can go to the FBI and talk to them.

LAVANDERA (voice-over): Bates' lawyers have released more than 60 pages of documents they insist proves Bates was properly trained. But there's still a lot missing. The documents do not show Bates qualified to use his personal .357 handgun which was used in the Eric Harris shooting, even though it's department policy. In Bates' signed statement to investigators, he does claim to have qualified with this personal handgun in the fall of 2014. And there are also three years of firearm qualification forms missing.

Sheriff Glanz could not explain why an unknown number of documents are missing but insists that Bates did not get special treatment a reserve deputy.

REPORTER: Should Mr. Bates have been out there that day?

GLANZ: Yes, he should have been.

LAVANDERA: The lawyer for the family of Eric Harris says these newly released documents do not show Bates underwent the hundreds of hours of training required about the sheriff's department. ERIC HARRIS' FAMILY ATTORNEY: They put forward records, and we're

going to get to this in a minute, but there is absolutely no field training records prior to 2007 that have been produced, which is when Mr. Bates says he was assigned as an assigned deputy.

LAVANDERA: Sheriff Glanz's friendship with Bates goes beyond the donations of cars and equipment the reserve deputy has given to the sheriff's department over the years. The two have gone on vacation together and have been friends since they met 25 years ago.

GLANZ: My son had an accident when he was high school, my oldest son. And my insurance was canceled on my car. And I was referred to Mr. Bates at that time. He became my insurance agent and insured my vehicles and my home for a lot of years.

(END VIDEOTAPE)

BURNETT: But the perception there, Eddie, of course, is a troubling one, of such a close relationship between this volunteer and the sheriff. The question for you, though, so, did the sheriff look into the allegations of falsifying records?

LAVANDERA: Well, this is interesting today. Sheriff's officials acknowledged that six or seven years ago, they couldn't pinpoint when, there was an internal affairs inquiry, not a formal investigation, but an inquiry into these allegations that these records had been falsified.

But, apparently that inquiry didn't go very far. We're told by sheriff's department officials there was never a formal report or any findings issued in that inquiry -- Erin.

BURNETT: Eddie, thank you very much. Ed reporting live from Tulsa tonight.

And next, Hillary Clinton on the trail in New Hampshire. Whoo! And why there's no such thing as bad publicity.

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CLINTON: The Republicans seem to be talking only about me.

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BURNETT: And Jeanne Moos on why everybody is gaga over Justin Timberlake's baby.

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[19:51:24] BURNETT: Hillary Clinton firing back against allegations from a controversial new book, the Clinton Foundation donors received special favors from the State Department while she was secretary of state.

Brianna Keilar is OUTFRONT in Keene, New Hampshire, where Clinton was campaigning today. (BEGIN VIDEOTAPE)

BRIANNA KEILAR, CNN SENIOR POLITICAL CORRESPONDENT (voice-over): Hillary Clinton taking her low key campaign to the first in the nation primary state of New Hampshire. As she met with several residents, to talk about small businesses, she distanced herself from the Obama economy.

CLINTON: I want to be sure we get small businesses starting and growing in America again. We have stalled out.

KEILAR: And for the first time, Clinton commented on the new book, "Clinton Cash", that details donations made to her family's foundation by countries with business before the State Department while Clinton was secretary.

CLINTON: We're back into the political season. And therefore, we will be subjected to all kinds of distraction and attacks. And I'm ready for that. I know that that comes, unfortunately, with the territory.

It is I think worth noting that the Republicans seem to be talking only about me. I don't know what they talk about if I weren't in the race.

KEILAR: For Republicans, the book by a conservative author reinforces their argument that Clinton is not trustworthy.

SEN. RAND PAUL (R-KY), 2016 PRESIDENTIAL CANDIDATE: And the question here is, are they skirting election law? Are they taking money and potentially getting influence bought by foreign countries to a foundation?

KEILAR: Clinton's front runner status makes her a huge target. Despite the recent controversy surrounding her use of personal e-mail to conduct State Department business, a new CNN/ORC poll shows Democrat's enthusiasm for Clinton is on the rise nationally, up 17 points from June of last year, when she reentered the public spotlight with her book launch.

Clinton's visit here is a return to the scene of her sweetest 2008 victory. It came after this plea.

CLINTON: I see what's happening. We have to reverse it.

KEILAR: An emotional display that pushed into the lead after a brutal loss in the Iowa caucuses.

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KEILAR: Today was really the first time that we saw Hillary Clinton get engaged in that daily political back and forth. She was much more engaged, Erin, notably so than last week when she was in Iowa.

BURNETT: All right. Brianna, thank you very much. Live from a chilly Keene, New Hampshire. And next, Jeanne Moos with Justin Timberlake bringing onesies back.

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[19:57:42] BURNETT: Justin Timberlake just had a baby and he's the talk of the town.

Here's Jeanne Moos.

(BEGIN VIDEOTAPE)

JUSTIN TIMBERLAKE, MUSICIAN/ENTERTAINER: My name is Justin.

JEANNE MOOS, CNN CORRESPONDENT: And Justin would like you to meet Silas Timberlake, a little over a week old, cradled in the arms of his mother, Jessica Biel. He's wearing a Memphis Grizzlies onesie. You can snap one up online.

Justin is a part owner of the basketball team. The baby grizzly even had sports pages oohing and ahhing, behold the unbearable cuteness.

Timberlake's dance partner also became a father recently. Maybe Franny Fallon and Silas Timberlake will end up on play dates.

Silas made his public debut on his father's Instagram account, with a sleepy eye, but no sunglasses like Simon Cowell's kid or twerky head hat like Kelly Clarkson's daughter, River Rose. And what about that old-fashioned sounding name, Silas. Nowhere near showbizy as Beyonce's Blue Ivy or North West.

Turns out Silas was the middle name of Justin's grandfather.

UNIDENTIFIED MALE: It's not the royal baby but this is as close as we're going to get.

MOOS: The last time we saw Silas Timberlake, he was getting a kiss from dad through his mother's belly. When Justin won the I Heart Radio Innovator Award, Jessica Biel was at home approaching her due date.

TIMBERLAKE: Honey, I can't wait to see our greatest creation yet. Don't worry, daddy is headed home right now to innovate by learning how to change a poopy diaper and get my swaddle on.

MOOS: The couple will get their swaddle on in their Montana home. "Us Weekly" says they want to raise their son out of the spotlight.

Online there's been a lot of, oh, he looks just like Justin, he looks just like daddy.

You decide whether Silas is a chip off the old block of timber.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE) BURNETT: Here's what I got to say about it -- even if that was a little gas bubble, it sure looks like a big smile and absolutely adorable baby.

Thank you so much for joining us. Be sure to set your DVR to record OUTFRONT, so you can watch us anytime. We'll be back here same time, same place tomorrow evening.

"AC360", though, begins right now.