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LEGAL VIEW WITH ASHLEIGH BANFIELD

Manhunt Continues for Escaped Convicts; Enough Evidence to Support Charges Against Officers in Tamir Rice's Death; Training Dogs to be Canine Cops. Aired 12-12:30p ET

Aired June 12, 2015 - 12:00   ET

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

[12:00:00] KATE BOLDUAN, CNN ANCHOR: You know someone who you think deserves to be recognized, who you think is a CNN hero, go to cnnheroes.com right now and please tell us about them.

All right, thanks so much for being with us AT THIS HOUR. Have a great weekend, everybody. But before your weekend, "Legal View" with Ana Cabrera starts right now.

ANNOUNCER: This is CNN breaking news.

ANA CABRERA, CNN ANCHOR: Hello, everyone, on this Friday. I'm Ana Cabrera, in for Ashleigh Banfield. Welcome to LEGAL VIEW.

And we begin with breaking news in the manhunt for a couple of escaped murderers and the help they may have received. The New York state prison worker implicated in the brazen prison break almost a week ago apparently has been sharing a lot with investigators. Law enforcement sources tell CNN that Joyce Mitchell slipped the prisoners hacksaw blades, drill bits and safety glasses with lights. And for that, the county D.A. says Mitchell will likely face serious charges. Yet she continues to come on in, on her own without a lawyer, answering investigators questions.

The biggest question, of course, is, where are Richard Matt and David Sweat now? And still day seven of the manhunt, no one knows. Search teams and bloodhounds are focused on an area near a gas station and sandwich shop where the dogs initially picked up the inmates' scent two nights ago. This is less than a mile away from the correctional facility. Sources say that same night an officer saw someone entering nearby woods, where the dogs, again, picked up a scent. And trackers found footprints and food wrappers from the prison commissary.

Now, for a second straight day, nearby schools are closed, along with an eight-mile stretch of highway. CNN's Jason Carroll has been tracking the latest for us in the town of West Plattsburg. Alexandra Field is also standing by in Dannemora with more on what authorities are learning from and about Joyce Mitchell.

But first, I want to start with you, Jason, and the latest on this search. Is the noose tightening? Any new sightings or smellings that you're hearing about?

JASON CARROLL, CNN NATIONAL CORRESPONDENT: Well, I can tell you this, the intense manhunt is still very much underway. And that section of Route 374 that you were talking about, you can see right behind me, still shut down. Classes here in the area from the school district, closed, shut down as well, as this intense manhunt continues.

Now, there are some new threads. You mentioned it very briefly there in the top, in the beginning. Bloodhounds did pick up on the scent of these two men, Richard Matt and David Sweat, at the Maple Fields gas station, located just about a mile or so away from the prison. The thought is perhaps the two men, on the run, stopped by there looking for food, looking for supplies, looking for something perhaps in the dumpster there. They're going to be reviewing the security cameras to see if they can get any leads from there.

Bloodhounds also picking up on their scent not too far from where we are now, perhaps at a spot right off of 374, in the rural area there where they were bedding down for a certain period of time. That amount of time unknown at this point. What's going to be happening now, they're going to be looking at the materials that they found, including wrappers, that seem to be the same type of wrappers used at the commissary at the prison. They're going to be looking at that, running tests on that to see if it's linked to the prisoners who are on the loose.

Dogs are still picking up on scents out here, fresh scent, so that's encouraging news for searchers trying to find these two men. At this point, we do know that investigators are telling the public still to remain vigilant. When you speak and hear from neighbors who live in the affected area, they're weary, they're also very concerned, as you can imagine. But the investigators are still telling people to be vigilant, to be on the lookout and to report anything suspicious that they might see.

Ana.

CABRERA: And, Jason, I understand the men are believed to still be hiding out together. Why do authorities think they're together?

CARROLL: Well, that could be for a number of reasons. Remember, at this point, investigators have conducted a number of interviews, including a number of people at the prison. They're also speaking to Joyce Mitchell. I know you're going to be talking about that in a few moments, that's that prison employee who seems to be cooperating with investigators. So perhaps they're getting information from that as well.

And then think about the one sighting that they had early on. Those two people who saw two men carrying the guitar case outside of their backyard. So there could be a number of reasons why they believe that these two are together. But, of course, when two people are on the run and they're planning things and trying to arrange things on the fly, just because two people are together at one point doesn't mean they're going to end up staying that way.

Ana.

CABRERA: All right, Jason Carroll in West Plattsburg, New York. Thank you so much for that update. Let's turn to Alexandra now.

It sounds as if Joyce Mitchell, Alexandra, has had a total change of heart about these two men, is now trying to help investigators and the D.A. says she doesn't even have a lawyer?

ALEXANDRA FIELD, CNN CORRESPONDENT: Yes, a lot of people have been wondering what she might have been thinking, what she is thinking now. This is the woman who worked in the tailor shop here at the prison that we're standing in front of. She's been at the center of this investigation almost since the time those two fugitives escaped, coming up from that manhole cover. At this point, investigators say that she is cooperating. The Clinton County district attorney says she seems to be offering as much help as she's able to give.

[12:05:14] (BEGIN VIDEO CLIP)

ANDREW WYLIE, CLINTON COUNTY, N.Y., DISTRICT ATTORNEY: She continues to cooperate. She continues to come in and speak to us. And each day we're learning a little bit more information as to her involvement in this case and how she developed a relationship with these two men. I can't speak for Miss Mitchell, but she may feel, obviously, some responsibility and guilt for her involvement and she wants to help that situation or help herself out in her situation.

(END VIDEO CLIP)

FIELD: Law enforcement sources have said that it was Mitchell who will brought hacksaw blades, drill bits, eyeglasses with lights on them into the prison, giving those items to the two men who escaped. Another law enforcement source has also said that it was Mitchell's phone who was - which was used to make contact with some of Richard Matt's associates. They say that they zeroed in on her nearly as soon as this investigation started, Ana, because of a prior report of some kind of relationship between her and the two escapees. We're told by the district attorney that there was never any evidence that surfaced that would confirm a relationship, but as a result of that investigation, David Sweat was actually removed from the tailor shop where he and Mitchell had both worked, Ana.

CABRERA: How interesting and yet we also hear that she had cell phone records connected to her phone with acquaintances of Matt, not David Sweat. So there was a connection to both of them it seems.

Our thanks to both Jason Carroll and Alexandra Field. We do appreciate the great reporting.

I want to get more insight now from a former Navy SEAL, a former police officer, a former air marshal and FBI special agent, all of whom are Jonathan Gilliam and he's joining us right here in New York.

Thanks so much for your time.

JONATHAN GILLIAM, FORMER FBI SPECIAL AGENT: Good to be here.

CABRERA: This is just interesting to see how this is playing out and to think seven days it's believed these two guys are still together.

GILLIAM: Right.

CABRERA: Knowing that, does that help or hurt law enforcement? I imagine it's sort of good and bad.

GILLIAM: Well, I think it's - ultimately it's going to help them because these two individuals, unless they've stolen some weapons, they don't have weapons. So even if they did have weapons, they're massively outgunned and outmanned by the law enforcement entity there. So I think if they stay together, it's going to be better because, listen, if they can get both of them at one time, you know -

CABRERA: Right.

GILLIAM: The other thing is, you know, three days without water and a human being will die. If you start drinking bad water, you're going to get dysentery and then things, as far as friendships, they start to break down. If you watch any of these reality shows like "Naked and Afraid" where people are alone together for a period of time, they turn on each other. And I could also see that happening in this case. I mean you saw the reporters there with coats on. It gets really cold there in the evening, 50 degrees. And in the daytime it gets sweaty and hot. Those are all miserable circumstances for them to be in.

CABRERA: Well, anybody who's hungry, who's tired, who's cold -

GILLIAM: Right.

CABRERA: Is going to be pretty miserable to be around -

GILLIAM: Right. Exactly.

CABRERA: Or, you know, be grouchy at the very least. And that brings me to the next question in that we've heard a lot of investigators say these guys could be that much more dangerous, that much more desperate because of time passing.

GILLIAM: Right.

CABRERA: But also could it also mean that they're physically weaker?

GILLIAM: Well, they're physically weaker. I think ultimately the thing that's going to get them is, they're going to get so tired that they fall asleep. If it gets warm, they get out there, they've been cold all night and they get warm and they just can't stay awake anymore, that may actually help law enforcement out. There's only so much running that a human being can do without refueling.

CABRERA: Yes.

GILLIAM: So, ultimately, I think that's going to get them.

CABRERA: Hundreds of people are on the ground looking for them.

GILLIAM: Right. CABRERA: There are helicopters. There are planes with infrared cameras that can sense heat.

GILLIAM: Right.

CABRERA: We've got the dogs that we've been talking about. Which is the best tool or the most useful in this case?

GILLIAM: It's really interesting because I think the technology is great that they deploy out there, but the reality is, what you're seeing, the best thing that they have going on right now, or the two best things, are the dogs and the teamwork between the law enforcement agencies. I think that is really the best thing to have out there.

And I've talked to several guys who are up there. This is how bad they want this. I say, is there anything changed? Did you get them? Are they - are you close to them and they just say "nothing." And they're not saying nothing that they don't have leads, but they want this so bad. It's like all or nothing. And so my heart goes out to the guys that are out there. I know that they have the warrior spirit. They're out there searching for these guys and they're wanting to do what's best for the public.

CABRERA: Yes.

GILLIAM: So my hat's off. This is the best in law enforcement that you see right here, going after bad guys like this.

CABRERA: Well, it's got to be tough, though. Fatigue has to be setting in.

GILLIAM: Well, that's where law enforcement has to work. I always say whether it's a rescue, a search or some type of prisoner escape like this, you have to rotate your men in and out, you have to give them time to rest and eat and refuel so they don't make the same mistakes as these two prisoners.

CABRERA: Sure.

GILLIAM: Throttling back actually helps you propel forward. And there's a saying in the SEAL teams and really in the military and law enforcement community, slow is fast - fast is slow, slow is smooth. So you want to go nice and smooth through all these things. Don't get amped up. And that's the way you end up clearing them and doing these searches.

[12:10:13] CABRERA: Keeping that clear head and working methodically.

GILLIAM: Much more rigorously, yes.

CABRERA: Jonathan Gilliam, thank you so much for sharing that information with us.

GILLIAM: Thank you.

CABRERA: We really appreciate your expertise. We'll stay on top of this story. We'll bring you developments as they come in.

But we're also following several other stories today. A judge now recommending charges against police officers in the shooting death of a 12-year-old boy. But find out why this doesn't necessarily mean the officers will face prosecution. That's coming up.

(COMMERCIAL BREAK)

CABRERA: A Cleveland judge says there is enough evidence to support charges against the police officers involved in the shooting death of 12-year-old Tamir Rice. But whether police will be prosecuted remains to be seen. Rice was killed last November and it was all caught on camera. Tamir Rice was in a park playing with a pellet gun and a concerned bystander called 911 and told dispatchers the boy was scaring people with a gun that may not be real. But that last part about the gun possibly being fake was not passed on to the responding officers. And within seconds of arriving on scene, they opened fire, shooting and killing the boy.

Now, the investigation into Rice's death finished just a couple of weeks ago. The judge's decision on possible charges is only advisory, so it's still up to prosecutors to decide how to proceed. And joining me to talk more about this, CNN's Martin Savidge, live in Cleveland. Also with us is defense attorney Midwin Charles.

Martin, I want to start with you. Walk us through these charges that were recommended by the judge.

MARTIN SAVIDGE, CNN CORRESPONDENT: Well, this is the judge that was essentially saying that there's enough probable cause that these two officers should be charged in relation to the death 12-year-old Tamir Rice, and even had a suggestion of what kind of charges.

[12:15:10] There were two officers. There was only one that fired, Timothy Loehmann. He is suggesting there should be a charge of murder, also reckless homicide, negligent homicide and a number of other charges going down the line. And then his partner, he also suggested there be a charge of I believe it's negligent homicide and dereliction of duty.

So those are the charges the judge recommends. But as you point out, he stopped short of saying that they need to be arrested. . In fact, the judge said he didn't have the power to order that. So, instead, he's passed it over to the county prosecutor. And the county prosecutor had already been working on this case and was planning to take it to a grand jury and the county prosecutor says, look, I don't charge, I'm not going to charge these officers. He believes in all these kinds of cases, it must be left to a grand jury and that's where it is. So far the grand jury has not rendered any kind of decision.

The defense attorney, though, they're very angry about this tactic. They admit it was legal, but they say, look, you dragged the name of the officer through the mud, implied there should be charges, yet no grand jury. Here's what he had to say. (BEGIN VIDEO CLIP)

HENRY HILOW, ATTORNEY, OFFICER TIMOTHY LOEHMANN: I think his life will never be the same. He's a young man, wanted to be a police officer, is a police officer and depending on who you talk to, everybody has a different version of facts, but the only facts I would rely on right now are what the sheriff's department did. And it's been assassination by innuendo and speculation. And any one of us would suffer under those conditions.

(END VIDEO CLIP)

SAVIDGE: Henry Hilow pointed out initially that, of course, the greatest tragedy was suffered by Tamir Rice and his family. It doesn't preclude that the justice system should follow the proper path.

Ana.

CABRERA: All right, Martin Savidge there in Cleveland for us. Thank you so much.

Midwin Charles also here with us.

Want to ask you, how common is this situation? I've never heard of it personally before.

MIDWIN CHARLES, DEFENSE ATTORNEY: Well, you know, each jurisdiction varies with respect to how they decide to charge suspects or how they decide to come about probable cause. And here in Ohio, you have this sort of system where this judge has sort of stepped in, an officer of the court, and determined that probable cause exists.

I, for one, am surprised that it's taken this long. It's been seven months. A blind man looking at that video can tell that probable cause exists here. And the fact that it's going to now perhaps go to a grand jury and then the prosecutors may decide to go ahead with the prosecution is just additional delay. And justice delayed is justice denied.

CABRERA: Well, the prosecutor, as Martin just pointed out, is saying that he wants to continue with the usual process so that there isn't any kind of perceptions of bias or prejudice in this case. And - but you mentioned it's taken more than six months for investigators to finish their case, turn it over to the prosecutor's office, who's had it a couple weeks. It took the judge here less than a week to say there's probable cause. So now how much pressure is the prosecutor under?

CHARLES: Well, I hope the prosecutor is under a lot of pressure. The family has sort of galvanized, as well as local civic leaders and civil rights leaders in order to put pressure on the prosecutor and that entire community to understand that, listen, this has to come to a conclusion. Had the shoe been reversed, if this were a regular crime, clearly this person would have been indicted right away.

It shouldn't take this long. It's not a complex case. It involves only two officers and one dead 12-year-old. There really isn't that much to go over. There really isn't that much evidence. You're not talking multiple defendants. You're not talking multiple different sites. Those are the kinds of things that would lead someone to conclude perhaps this needs to take a long time. But you don't have that here.

CABRERA: Well, the grand jury will now decide what is justice, at least the next step in seeking justice.

Midwin Charles, thank you so much for your expertise.

CHARLES: You're welcome.

CABRERA: We appreciate it.

Coming up, all those officers scouring the woods in upstate New York for those escaped killers are hopeful that dogs will lead them right to the fugitives. But how do police train the dogs to catch criminals? We'll show you, next.

(COMMERCIAL BREAK)

[12:22:29] CABRERA: Back now to our breaking news. More clues and new revelations in the upstate New York prison break, but still no confirmed sightings of these two murderers who have been on the loose now for seven days. Search teams are chasing down every tip and lead, but the focus remains on a relatively small area near the Dannemora prison where bloodhounds picked up a scent at a sandwich shop, also in the woods where trackers found food wrappers from the prison commissary.

Now investigators say the prison employee who had been planning to be the men's getaway driver, but then panicked and didn't show up, well, she did give the men hacksaw blades, drill bits and safety glasses before their escape. So if police dogs truly are on the trail of these two fugitives, the chances are they can't hide much longer. The canine cops not only have a highly developed sense of smell, they're also highly trained. And CNN's Gary Tuchman has a look at how that's done.

(BEGIN VIDEOTAPE)

GARY TUCHMAN, CNN CORRESPONDENT (voice-over): This is DeKalb County, Georgia, Police Officer Lynne Eshelman and Andor (ph), her seven-year- old canine dog. And this is DeKalb Sergeant Frank Cusimano and his four-year-old canine Jingo (ph). Both dogs are Belgian Malinois. Like bloodhounds, they catch fugitives with their sense of smell.

SGT. FRANK CUSIMANO, DEKALB COUNTY, GEORGIA, POLICE: Their sense of smell is extraordinary. About 1,000 to 10,000 times better than humans.

TUCHMAN: But unlike bloodhounds, they also use their teeth to apprehend. We're going to test Andor with a police dog drill using my scent.

TUCHMAN (on camera): So when the dogs train, they use toys like this. This is the reward when they find it in lieu of a real person. So I'm going to go into the woods right now and hide it. We need an origin point where the dog's officer will tell the dog I was last seen and therefore where the dog's last sniff should come from. We'll do it right from this tree. This is where I'll start from.

The dog will start there and then I will go to my hiding point, which will be, let's say, right by this log. This is where I'll be hiding, the symbol of me hiding, I'll put it right there.

TUCHMAN (voice-over): And then Officer Eshelman goes into the woods with Andor. When it's wet or when time has elapsed, it's not as easy for these amazing animals, but it's dry and I was just in the woods. If it were a real criminal -

OFC. LYNNE ESHELMAN, DEKALB COUNTY, GEORGIA, POLICE: The felon is going to be pouring out that fear scent and he's going to be putting out a lot more skin rafts (ph) and fear scent coming out and we're going to be able to narrow it down to that one guy.

TUCHMAN: Andor is having an easy time of it.

ESHELMAN: Oh, you got it! Good boy! Good boy! Good boy! Good boy! Yeah, you got it!

[12:25:03] TUCHMAN: Next, Sergeant Thomas Devoy (ph) is putting on so- called bite sleeves. He's about to become the bad guy for this drill.

UNIDENTIFIED MALE: You in the gray, stop or I'll send my dog. Hold on! Hold on! Hold on! Stand still! Off (INAUDIBLE). Slowly come to my voice. Slowly walk towards me.

We want to, if need be, stop the dog if the guy gives up. We want to be able to stop the dogs.

TUCHMAN: The dog stops as commanded, but if the felon is threatening -

UNIDENTIFIED MALE: Slowly come to my voice. Slowly walk towards me. Keep your hands where I can see them. (INAUDIBLE). That's a good boy! Good boy, Meo (ph)! Good boy, Meo! Let me see your hands. Stop fighting my dog. Stop fighting my dog.

UNIDENTIFIED MALE: The dog is going to protect my - me, as a handler, and himself, and so he apprehended the suspect.

TUCHMAN: The cops who work with these dogs also love them.

TUCHMAN (on camera): And when he does retire, what happens to him then?

ESHELMAN: He stays with me. He's with me until the very end.

TUCHMAN: So that will be your pet forever?

ESHELMAN: Yes.

UNIDENTIFIED MALE: He - I couldn't - I couldn't let go of this dog now. So, I mean, he's going to be mine forever for sure. (END VIDEOTAPE)

CABRERA: And our thanks to Gary Tuchman for that report.

Let's give you live pictures right now of a roadblock in West Plattsburg, New York, where along with the dogs, investigators are using helicopters and planes with infrared cameras that pick up heat, all part of this manhunt that's intensifying right now almost a week after those two convicted killers escaped.

Up next, the girl on the left is white, as you can see. The woman on the right is the Spokane chapter of the NAACP president. Now, look closely, because this is the same person. But what's the big deal? It depends on who you ask. We'll hear from her white parents and get the details about her claims to be black, next.

(COMMERCIAL BREAK)