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tv   Legal View With Ashleigh Banfield  CNN  May 5, 2015 9:00am-10:01am PDT

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years the combat mission in afghanistan to leading the national coalition to destroy isil, typhoon relief in the philippines to fighting ebola in west africa and strengthening our security alliances from europe to asia and every step you have been critical to our processes and i have valued not only your counsel but your friendships. at the same time, marty and sandy have helped to guide our forces through difficult fiscal times. especially sequestration. stayed focused on readiness and training and modernization and today there are more opportunities for women in the armed forces, tackling the outrage of sexual assault which has no place in our ranks, we've made progress in large part because leaders like marty and sandy have made sure we're recruiting and training and equipping and retake the best fighting force on the planet. i look forward to honoring marty and sandy and thanking them more
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fully to their extraordinary contributions to our nation. there are other things we're going to miss. we're going to miss marty's incomparable singing voice. he will not be singing today. but i'm going to put my request in early for a final numbers at your farewell. on behalf of myself and our national security team and our armed forces thank you, and we are grateful for your family's service. [ applause ] my choice for the next chairman general joe doneford is one most of the admired officers in our military. native of boston he is the definition of boston strong. son of a retired boston police
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officer and marine veteran of korea he followed in his father's footsteps and distinguished himself through nearly 40 years of military service. he's commanded marines in the field from the platoon level to a marine expeditionary force during the invasion of iraq led marines in the charge to baghdad. given his combat experience i was proud to nominate joe as the commander of american coalition forces in afghanistan. i've had a chance to work with him. i have been extraordinarily impressed by joe from the situation room where he helped to shape our enduring commitment to afghanistan, to my visit last year where i saw his leadership firsthand. i know joe, i trust him. he's already proven his ability to give me his unvarnished military advice based on his experience on the ground. under his steady hand we've achieved key milestones including the transition to
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afghan responsibility for security, historic afghan elections and the draw down of u.s. forces setting the stage for our combat mission there. joe is a proven leader of our joint force including our troops in afghanistan, who he served christmas dinner to. he's one of our military's most highly regarded strategic thinkers, known by members of congress on both side of the aisle and colleagues across our government and also tireless. his staff has been known to carry around a voice recorder to keep up with his commands and new ideas. he just began his service as commandant of his believed marine corps so i appreciate your willingness to take on the new assignment and only downside in my book is as a white sox fan, there is yet another red sox fan i'm going to have to be dealing with. i want to thank you and your wife ellen for your continued service.
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general paul sillva, a vice chairman with 35 years of military service as a pilot and commander. as leader of air mobility command he earned a reputation for change and innovation. i understand when it was time to deliver the final c-17 to the air force paul went to the cockpit and helped fly it himself. as head of transportation command he's been committed to the partnerships whether a core principal of our national security strategy, whether supplying our joint force around the world, in operations large and small, to supporting and keeping safe our diplomats and embassy personnel overseas. paul also served as secretary of state clinton's military adviser for the first years of my presidency so he grasps the strategic environment in which our forces operate and understands that our military, as powerful as it is, is one tool that must be used in concert with all the elements of our national power. i should note that as a graduate of the air force academy, paul is especially grateful to the
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academy because it's there that he met his wife ricki who also served in the air force. paul and ricki, thank you, both, for taking on this next chapter of your service today. joe, paul, we continue to call on our armed forces to meet a range of challenges. we have to keep training afghan forces. we have to push back against isil and strengthen forces in syria and build modern opposition in syria. we have to stand united with our allies in europe and keep rebalancing our posture as a pacific power. we have to keep investing in flu capabilities including cyber attacks. as commander in chief i will be looking to you for your honest military advice as we meet these challenges and we're also going to keep working with congress on a more responsible approach to defense spending including reforms in the department so we can preserve the readiness of
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our all volunteer force, keep faith with our troops and military families and care for our wounded warriors. this work we have to do together as a nation. again, to joe, paul, your families, on behalf of the american people, be thank you for your continued service to our nation. i urge our friends in the state, i know i won't have a problem with jack reed who's sitting right here, to confirm these remarkable leaders without delay so we can stay focused on the work that unites us all as americans keeping our military strong, nation secure, our citizens safe. thank you very much. [ applause ]. >> there you have it. get used to that face, that is
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general joseph dunford going to replace the familiar general martin dempsey, chairman of the chiefs of staff after four years is stepping aside and making way for a new leader. no words from him. just the commander in chief. you can see they've had a good relationship up until now. we'll continue to watch this story because while it looks like it's a -- there's still the senate confirmation. i'm ashleigh banfield. welcome to "legal view." we're covering a lot of news today and this starts it off. lot of words come to mind regarding the two arizona muslims who opened fire outside the prophet mohammed cartoon contest in texas. isis calls the men soldiers and brothers. the group that calls itself islamic state today claimed responsibility for that failed attack on an event that was designed to offend and was more than prepared for the trouble. both shooters were shot dead by a police officer. really before they did much than
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just reach the parking lot. earlier one of them tweeted both men's allegiance to the terror group's leader and prayed to be accepted as, quote, mujahedeen, holy warriors. today it is far from clear that american born elton simpson and nadir soofi were directed by isis leaders abroad or had even been in touch with them. our live coverage, this hour, stretches from beirut to phoenix to the dallas suburb of garland. coincidentally the first place of one of the attackers. i want to start overseas with nick paton walsh. it's sort of a complicated idea to hear a terror group taking responsibility for something that was so incredibly failed. these people did nothing but get themselves kwilds killed. >> yes, but they did in the minds of those who followed isis show the potential for the isis ideology or branding to reach
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across with attacks on the u.s. homeland. we know very little about whether there were any connections between isis leadership and those two gunmen in garland, texas, apart from a tweet as you mentioned, that they put out before the attack and then today, isis on their official radio station, thought to be broadcasting out of northern iraq, a sparse statement in which they refer to the two men as soldiers are of the caliphate, called brothers, they were killed in an exchange of fire which wounded a security guard but they go on to offer a stark warning against the united states saying across the u.s. will have future attacks harsh and worse. the future is just around the corner. that fits into a lot of isis hyperbole here, but it is missing the statement, those key intimate details you might think they'd have about the lives of those attackers, foreknowledge of the planning, that would provide evidence to investigators that they knew something was afoot before it happened.
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it's key for the fbi and counterterrorism officials to assess if there is a chab of command between isis leadership and these two men because that's something they could interdict in the future or they could be looking at the alternative here these are lone wolves drawn to isis ideology on the internet who carried this out without instructions. >> nick, thank you for that, live from beirut. i want to go to phoenix where elton simpson and nadir soofi were sharing an apartment and belonged to the same mosque and friends and family are mystified by their actions. my cnn colleague is there. you heard nick paton walsh say isis is calling these guys soldierrs of the caliphate, although they don't see to know much el or anything about them. you've been talking to people close to these men. what are you finding out? >> well, start with elton simpson. he's the one we know most about. we've come across these yearbook photos. take a look at these because
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they really show what a typical american upbringing he had. the pictures show that he's an avid athlete. he was the captain of his basketball team in high school. he grew up in a typical suburban community here in phoenix. he seemed to have a typical life in high school. investigators are now tracing his path, trying to figure out how he went from this to a life of radicalism and violence. neighbors in their apartment complex saw nothing outwardly alarming from the two roommates except one of the men elton simpson put his car up for sale. >> i'm getting goose bumps thinking about it right now. >> reporter: ariel exchanged texts with simpson. >> you don't think like maybe he's just going to go plot something and you're giving the money to help him go plot something. >> reporter: he changed his mind. instead driving it to texas. shortly before opening fire simpson tweeted an oath of aleeance to a'mirul mu'mineen, a
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cinnamon for isis, talking to an fbi informant over years court records show simpson wanted to go to somalia to fight, recorded on wire taps saying, if he gets shot or killed, it's heaven straight away. heaven, that's what we are here for, why not take that route. nadir soofi was a pizza shop owner and father to a young son. a pakistani source with knowledge of the family tells cnn when his parents divorced, he moved to pakistan with his father where he attended a prestigious private school in islamabad. his grandmother tells the affiliate he never felt persecuted for religious beliefs and blamed other gunmen for instigating the crime. >> whoever he was with talked him into it. >> that's how you feel about it? >> yep. >> there's no other way it would have happened. >> reporter: their plan, so secret, the mosque president spent years with both men at services and never saw either as a threat. >> when that happens, it's
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just -- shocks you. you know, how good did you know these people? that's a question that people ask themselves. >> reporter: a question elton simpson's family is also asking. in a statement released monday night, they write, just like everyone in our beautiful country, we are struggling to understand how this could happen. >> there is a lot of confusion in that statement and you can hear it through those words. a family struggling to understand and that is really felt across this community, ashleigh. a lot of people wondering were the clues there and did they just miss them. ashleigh? >> reporting live for us, thank you for that. now to the scene of the foiled attack. garland, texas where my colleague, cnn ed lavandera is standing by and has been working this story since it started. so, ed, these two men certainly aren't going to be able to provide much information, they can't be integrated, they are dead, but the investigation is still very robust. what are they finding out and
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where is it taking them. >> the focus is really on the planning and how the stages and how it brought them to this point, this civic center here in garland, texas. we can show you now much of this road has opened up to traffic once again where you see the orange cones, that was the entrance into the civic center and that is where everything came to a halt. the two gunmen were brought down by the security officers that were on the perimeter of this building. ashleigh, as you can see they didn't make it into the parking lot of the building. a good at least 200 yards away. that's the way the situation here was designed, given the controversial nature of what was happening here sunday night. and the cartoon contest, they knew it was going to be controversial, they had planned for months the security precautions around that and that's why you saw that initial layer of security on the perimeter of the building. there was also a s.w.a.t. team in the back of the building that reacted as well as soon as the shots were fired.
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but much of the focus now is on what exactly brought these two men here and how it was all planned. ashleigh? >> hope they left a very robust on-line presence to help investigators out. ed lavandera live in garland, texas, thank you for that. coming up next, isis inspired or simply randomly home grown terror. or was the texas attack something in between. how worried should we be about more of these and should we expect the next one to be much worse?
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it's fair to say we can be thankful the terror attack on sunday in a dallas suburb was stopped before it got started. the gunmen will never pose a threat to anyone but today there are still a lot of questions out there. were elton simpson and nadir soofi acting on any orders from isis or were they simply trying to impress isis leaders they kind of read about? joining me with insight former cia official it phil mudd and also michael weis is a fellow at the institute of modern russia and the co-author of "isis inside the army of terror." so first to you, michael, if i could, why would a group of isis want to jump out in front of this and say it was us, it's our stupid bad bungled dumb cannon
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fodder plan? what does that gain them? >> take it in the other direction. the keystone cop sort of terrorist attack takes place, interrupted, two guys shot but leave a paper trail saying we want to be mujahedeen. if isis were to repudiate and say we don't accept morons into the ranks that would put a damper on anything. >> how about don't claim the bad ones. >> they have to say something. they can't pretend this didn't happen. another component to this or subtext if you like. we were all talking about an abortive potential terrorist attack on u.s. soil. even though it went miserably wrong from the isis point of view the fact that isis is saying this is what we've always said we will do it again, ten times worse, successful, that's the goal. they want to control the western news cycle how they're portra d portrayed. they're trying to spin it to give it the best gloss they can. >> phil, jump in on this conversation, quite frankly, it
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would seem to me that a lot of the lone wolf activity that we've been talking about for the last year or so, has been a lot of bungling fools, idiot, who seem to have an on-line presence and not a lot more. if isis is looking to scare the living daylights out of us should we be so scared of these morons. >> from their sper perspective i agree with michael this is not a bungled plot. you if you're isis you want people on the fringes of islam that believe in their method of events to start to believe i have a personal responsibility to carry this fight forward and regardless of whether my attack succeeds or not i have to get out there and do something like this because otherwise i'm a coward. you look at this as a bungled plot in ten commandment plot in texas and this will lead others to say i'm embarrassed i've never done something like this. this was not bungled. a plot that didn't succeed. that's a different question. >> i'm going to take the
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counter-point here. i mean to me a bungled plot is two guys who aimed to do harm, took lead in the head before they affected anything, and ultimately get you in on this, michael, how does that help recruitment? now anybody out there seeing this thinks wait a minute, is this what's in store for me when i try to be a holy hero? am i just cannon fodder? >> give you an example further from home. there was an australian teen abler who went off to join isis and a big deal made about his recruitment. he had a blog talking about his experience being converted by the brothers security council into the jihadist mode. he died in a suicide bombing in iraq that was completely another busted, whatever you want to call it. did not have his name writ noon the stars as a great warrior. in his mind, though, he became a martyr. he did his holy service, his duty. and in the minds of the isis guys this is exactly the model you should replicate. doesn't matter -- the propaganda is it doesn't matter what happens here, it's what happens
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in the afterlife that counts. we have two american born or suspect american born, you know, muslims in the united states who are radicalized, who are inspir inspired, again didn't go over to raqqah or mosul get terrorism training they were just inspired by isis ideology and propaganda and yes, this didn't go according to their plan but still, if you're in texas you're scared people could be blowing you up or taking assault rifle too a school or something. >> phil mudd, want to ask you about some of the folks who knew these two, described them as and kyon was great in her reporting, they were gentle and normal and i guess my question to you is, for those who are responsible for doing homegrown surveillance on people who could be radicalized to the point of becoming lone wolves how is anyone supposed to follow or put surveillance, expensive surveillance, on people gentle and normal if not screaming it from a mosque and raising red flags how are you supposed to
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defend against this. >> i think it's important periodically, i've seen cases where somebody trips off from the community, the people you want to watch. it's not necessarily that the community says that's a bad guy. they say something odd is going on. more often i've seen this across america, for example, kids first generation kids, from somali families in minneapolis, going over to somali to fight ten years ago, the moms didn't know, the parents didn't know. i think this is pretty common to see these cases where somebody emotionally can compartmentalize what they're doing, it's important there are two of them, persuading each other, convincing each other this is right and telling each other we can't let on to the rest of the community because they'll call the feds. pretty common. as you say if you're trying to find these people you have to look potentially for a digital trail. communication on facebook, communication with isis guys, because without a digital trail two guys in a basement you're not going to find them in america. >> well sometimes the very thing that makes them powerful on the
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social media their achilles heel because they leave a dmis digital trail. thank you always good to have you. come back both of you. people at his mosque described one of the garland texas gunmen as nice and gentle. calling it a real shocker he would do such a thing. how do you spot the potential terrorist? phil addressed it but next up i will ask a reformed jihadists his opinion. ♪ [music] jackie's heart attack didn't come with a warning. today her doctor has her on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen. meet thsuperpower.ewest energy surprised? in fact, america is now the world's number one natural gas producer... and we could soon become number one in oil. because hydraulic fracturing technology is safely recovering lots more oil and natural gas. supporting millions of new jobs.
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so it's an opportune question to ask, how do you know a radicalized terrorist when you see one in could you be working next to one? is it a next door neighbor? people who knew elton simpson,
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one of the men killed in the texas cartoon contest attack, say he was a good guy, that they never expected anything like this from him, so i guess you never know. or do you? joins me now live from toronto, he is a former jihadist and former counterterrorism operative. what's great about this opportunity to talk to you is you've just returned from a seminar in abu dhabi called inside the mind of a jihadistp. help me out here. if the person is not seething foam from his fangs, how are you supposed to know that the guy is plotting that he's dangerous and you need to make a call to the fbi? >> well first of all, it's very difficult to know exactly who's going to do what at what time. some people deliberately hide the signs and others generally don't advertise these are the views or what they believep. there are signs but you can't take only one sign by itself. you have to look at a totality
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of things, sudden change in religious practice, declaring, of course, loyalty, publicly, declaring loyaledy, to isis saying that i give to so-and-so. that's a tron indicator. the hateful rhetoric on twitter is all the time. the u.k. has a term now called spontaneous violent extremist who suddenly they're going to decide to act. you have a group of ten guys who might act who show the signs but only two or three might do it. so until you either perpetually surveil them until the moment they act you will not be able to stop this kind of spontaneous attack. >> i would love to get your opinion on some of these people. an ax attack on officers in new york, this, we've got scattered encounters with people who say they're inspired on-line. are these people brand new wannabe killers or were they already crazy and just didn't take out their rage in say a
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movie theater or shopping mall where we've had these kind of killings before they were just under a different banner? >> yeah. i wouldn't call them crazies. they're psycho pathology is rare in terrorism. meantal illness does play a role in regular active shooters but these individuals by all accounts were very normal, most people will not suspect, they're not going to show those signs even when you look at murder investigation, very often people say, i never would have suspected or he wasn't that kind of guy, so these are your isis zombies really. isis has put out the call, do an attack, if it's legit and good enough and gets the press we'll take credit for it. >> the only problem i have is that often times when we in the past have covered, say, the movie theater shootings or other kinds of mass killings, we've got people who are troubled, we've got neighbor and family and friends who say, he always was a little different or he was troubled, he was seeing, you know, some kind of mental health
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professional, but what i'm asking is, is isis getting those people who were already hell bent on destruction anyway and doing it under a different banner or creating new ones? >> they're not creating new ones. these are people who are so inclined as it is, they don't need to be -- i mean they may appear normal and most normal people don't kill other people. that's really an abnormal act. but isis is really looking for the lowest of the low hanging fruit. and these are going to be people like this who whatever their internal dynamics are, make it, incline them towards committing such attacks. >> always good to talk to you. thank you for taking the time today. >> thank you. moving on to other news after freddie gray's death and the looting and riots and the arrests that followed, some people see police as the criminals and killers and others see them as the heros in the story. but everyone agrees there might be some better ways out there to
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handle many of these confrontations. so how do we fix the problem? some sensible solutions you may not have considered, coming up next.
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want to show you live pictures coming to us out of baltimore. specifically the university of baltimore and the woman in the center of the right-hand part of the desk on your screen is loretta lynch the newly minted attorney general of the united states. you probably know well that one of the first orders of business for her is a doj investigation of what happened in the death of
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freddie gray visiting baltimore today and meeting with official and members of congress and law enforcement and faith and community leaders. the raw pictures coming in to us you're seeing them as i'm seeing them at the same time and all at the same time we're getting some updated numbers. number on arrests, on injuries during last week's violent riots. police have arrested 486 people since april 23rd. they say 113 police officers were injured. in the meantime the city is trying to get back to normal. you've probably heard the national guard troops are drawing down, but there's still that state of emergency in place and saying it might be lifted by the end of this week. so the death of freddie gray and other recent controversial deaths around the country are shining a bright spotlight on police procedure. backlash is causing some police departments to rethink their policies now and one police department that knows a lot about this. joining me is oakland,
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california, police chief shawn went changing how and when his officers use deadly force. chief went, thank you so much for taking the time to speak to me. certainly such an important time as well. i read some work in "the new york times" about the 21-foot rule that i think since 1982 has really been the golden rule for a lot of police officers as to how dangerous the space between you and a potential bad guy is ultimately 21 feet having been decided back then, that's how much time it will take for you to draw your weapon. if you're within 21 feet you don't have much of a shot. is that still good science? >> well, there's been a lot of study into human reaction times and a piece to that but we have to look at all the training we do and see where we can make adjustments and learn from modern science. >> well, one of the adjustments i'm curious about, and gent this is from "the new york times"
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stating these statistics and this comes to us courtesy of the police union in st. louis, is police get on average 58 hours of training to use their weapon, about 49 hours of defense -- defensive tactics but only about 8 hours in learning how to calm situations down, like deescalation. do we need to start changing the metric of those number and boost those eight into the same number that say, you know, gun and defense gets? >> yeah. we absolutely have to increase the amount of training we give to verbal persuasion, conflict management, conflict resolution and also dealing with the mentally ill or persons in crisis. all of those things help reduce the use of force. so it definitely is something that we are paying more attention to. but that doesn't mean you can detract from the defensive tactics training as well. >> there's this fantastic quote i want to read to you, and it's from the police executive research forum, the head of it,
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chuck weschler said people aren't buying our brand, if it was a product we would have taken it out of the marketplace and reengineered it. is that something you as the chief of the oakland police think about a lot? have you been doing it and if you have been doing bits and pieces or all of it, is it working? >> yeah. well, i think this is something we've been trying to work on the last couple years and really made trying to build community trust and relationship sort of job one, figuring that success there will lead to crime reduction. you will have more people wanting to cooperate with the police. we've begun to see that. more increased cooperation with our criminal investigations so i think we're beginning to see the results of that. at the same time we've seen a significant reduction in uses of force through a number of steps we've taken to try to make a difference there. >> well, it's good to have you and i appreciate your voice in this. there are a lot of voices that need to come into a big national cocktail of how to fix this emerging situation. it's not new. it is certainly emerging.
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thank you so much, chief whent. >> thank you. >> coming up neck tracking down the vandals, arresting the arsonists in baltimore. does setting a fire to people inside amount to something as high as attempted murder? you bet. what about the investigation? you'll see some of it next.
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investigators are on the hunt for rioters who started multiple fires in baltimore last week. the atf is offering a reward of up to $10,000 for information leading to the arrest and conviction for fires like this one you saw live on television. these arsonists may be facing stiff charges like as high as attempted murder if they knew people might be inside those buildings that were set ablaze.
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last week i was in baltimore and found the atf already hard at work. driving around baltimore, you see a lot of evidence of what's been going on but this is an unusual sight. we were driving through the university of maryland medical center area and we saw this burned out rite aid completely surrounded by crime tape and while there are police on-site this is the at fshg and they look to be investigating every area of the rite aid. the entrances, each corner that's blocked off. can you tell me what you're doing today and if you're investigating the possibilities of arson here? >> you'll have to direct all questions to the public information officer. >> thank you. >> one of the issues we know about is that the af fshg h-- af has arrived to look into fires set on monday for the possibility of arson and what's intriguing because there were injuries it could actually lead to charges upwards of attempted murder charges we're told. this is a critical
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investigation, understandable there would be this many officers on-site, this rite aid is completely off-limits. joining me to talk about this investigation and others the potential charges, hln legal analyst joey jackson, when i circled around that rite aid they were chipping away at the char on one of the entrances with microscopes, at least 30 different officers there. and still, joey jackson, hundreds of people were all over the city, dozens of people may have descended upon that rite aid, how do you get a charge like that to stick in an environment like that? >> now you know that they're looking and the charge you're talking about in terms of the char and everything el, it's the investigation, but now you got to find people and hold them accountable. the attempted murder charge, though, is a bit problematic and here's why. when you charge someone with attempted murder, legally we call it a specific intent crime. what does that mean in engengli? you have to show i intended to kill you for the charge to stick. to be clear, though, when you're
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looking at an arson charge, arson charges could be punishable by up to 30 year in jail so to the extent that an attempted murder charge may not stick an arson charge where you established someone intentionally and maliciously set fire to a structure that someone el could be in, boy, that's still a heck of a punishment. >> talk about the other side of the banner on the bottom, the looters. there were dozens upon dozens on television live with their big mugs showing as they walked out with anything that any store that could be broken into had to offer. 200 businesses lost their livelihood. >> and maybe more. >> maybe more. how do you prosecute when that much is going on and i'm going to say it again, in an environment where cops are really mad, and thee leader were mad too. >> chaos and pandemonium no question about it. you determine who were the
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people going there, what was their intent. >> going to ask witnesses? >> did they take someone out of there? >> no but you have video and that's the thing about this. we're seeing on social media a lot of video which establishes what the people are doing and when you have video, ashleigh, when you have that, you don't really need a witness to tell you. >> you don't need more. >> what a person is doing going in and coming out. >> tell the whole story? >> definitely not. does not tell the whole story but tells a big part of the story that prosecutors are going to use moving forward. >> i have a lot of them. so joey jackson, we're not done on this topic. still going on. live for us. and that other story. the prosecution in colorado. in the movie theater shooting trial they are trying to paint james holmes as a monster, as witnesses describe the terrifying attack. >> it sounded from what i could determine that gunman was just walking back and forth in front of the screen just spraying. >> such emotional testimony live
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to colorado next.
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what happened in theater nine on july 20th 20, 12, was horrific and this morning, more victims of the colorado movie theater shooting took the stand to describe that bloody scene.
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james holmes is on trial for the murder of 12 people, 70 other people were hurt, including dense niece axelrod, a newlywed who went to see the batman movie with her husband and friend and when she heard a pop and the first gunshot. >> my husband grabbed me firmly by the back of the neck and threw me to the ground and he tried to cover me with his body. my head was roughly in between his knees and he was covering the upper half of me. he told me don't scream. so i just tried to be quiet. i told him that i loved him because i -- i didn't know if it would be the last time i would be able to do so. >> ana cabrera joins me outside the courthouse. what happened to her husband? >> well both of them were injured. in fact, denise more seriously, shot in the buttocks, her husband suffered some torn
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ligaments as he was trying to escape the theater. they were at the theater with their friend joshua nolan the most serious of their group almost lost his arm and leg, but they took the stand vividly describing what they saw as a figure that was spraying in their words bullets across the theater. at one point it hit their friend josh in the arm and he let out a scream and denise describes looking up and seeing most of his arm was blown off and they say josh went silent and so brandon axelrod says that's when he knew they needed to make a run out of the theater and they were able to get out just as first responders were arriving, ashleigh. >> those first responders got their hands on james holmes pretty quickly and he spoke to them and now we're starting to find out more about what he said to them. what did he say? >> well, we heard a recording from one of those police interrogations after the shooting after they got him back to the police station, and what we'll play for you a little bit of the sound but i just want to set it up. it's inside one of the interview rooms at the aurora police
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station. there are two detectives questioning james holmes and ask him if they want something to drink, get him water, if he needs anything else he says oxygen and before the formal interview there's this exchange. i want to play a clip and there will be some subtitles because it's hard to hear but watch. >> do you need help or are you good to talk to us? >> help as in counsel? >> nop. as in make sure you're okay physically. the paramedics check you out. are you okay there? are you good to talk to us. >> yes. >> were any children hurt? >> we'll get to that. i don't know. okay. >> so at the end you heard james holmes ask him, there weren't any children hurt, were there and we know one of the victims was a child, 6-year-old veronica sullivan among the 12 people killed that night, ashleigh. >> sounds like he knew that would be wrong and that is a
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huge tenant of the case. ana cabrera joining us live, thank you for that. coming up next, portraying the dead brother as the bad guy in the boston bombing. tsarnaev friends and family reveal tamerlan's troubled past. twisted past hoping to create some sympathy for the one who survived. dzhokhar, who may, though, be up for the death penalty.
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the dark secrets of the tsarnaev family are coming out in the sentencing phase of the boston bomber's trial while the jury is hearing about dzhokhar, much of the testimony is focused on his big brother tamerlan and his twisted past including his alleged abusive relationship with his soon-to-be wife catherine russell. perhaps the biggest shocker in the courtroom today testimony that testimony mer -- tamerlan
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had sex with her and joked he had aids. that was before they were married. our special coverage "murder at the marathon" airs at 9:00 tonight. live pictures to show you of a blue mass being held in st. patrick's catholic church honoring national police week. want you to listen in for a moment. this has been a week-long tribute to law enforcement service and to sacrifice. it's held each may. moments ago the communion ending. but how timely is this because the governor of new york is ordering flags op all state government buildings to fly at half staff in memory of the man on the right of your screen, nypd officer brian moore. officer moore was shot in the line of duty on saturday while trying to question a man in queens and he succumbed to those
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injuries. he was shot in the face. he died yesterday. flags will remain at half staff until after moore's funeral. authorities have asked charges against the shooter be upgraded to first-degree murder. thanks for watching, everyone. we'll have more on the terrorist attack later throughout the -- throughout cnn's coverage in the day. wolf starts right now. hello, i'm wolf blitzer. it's 1:00 p.m. in washington, 6:00 p.m. in london, 8:00 p.m. in damascus, wherever you're watching around the world thanks very much for joining us. we start with an isis claim, they're claiming responsibility for the terror attack in texas. the terror group referring to their so-called soldiers as carrying out that failed attack on an event featuring cartoons of the prophet mohammed. we're also learning more details about the shooters themselves from their home in phoenix, arizona. joining us now from


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