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CNNW CNN July 3, 2024



county. reaction is coming in from some of the key players, including south carolina senator lindsey graham. this shocking video released in the case of a police officer who shot and killed a 27-year-old man during a traffic stop. that officer has been fired and faces multiple charges, including murder. we'll walk you through that video and the difference from what we see from the rinl natural story police told -- original story police told. and when crews may begin to stave an american stranded in a cave 3,000 feet underground. we are following these stories and many more all coming in right here to cnn news central. recommended but not charged. new details revealing on the sprawling georgia investigation into allegations of 2020 election interference by donald trump and allies. a report released just a short time ago shows that the special grand jury recommended charges for some of the former president's closest associates. but ultimately, they were not charged, including south carolina senator lindsey graham and kelly lefler. graham was scrutinized for a phone call he made to georgia secretary of state brad raffensperger after the 2020 election, a call before trump's call in early january of 2021. the special grand jury also recommended charges for a pro trump attorney and adviser boris epstein. and his former national security adviser michael flynn. all of them managed to dodge indictments from the district attorney. in all, the special grand jury recommended charges against 39 people, but district attorney fani willis charged only 18 of them. we should note there was one defendant, mike roweman, who was indicted but not in the report. let's go to capitol hill now with reaction from senator graham. melanie, what are you hearing about this? >> reporter: that's right. we did hear from senator lindsey graham for the first time since this news broke today. he is defending his actions. he said he was doing his due diligence as chairman of the senate committee, and he noted that he ultimately voted to certify the election results, including in georgia. but as a reminder, there are conflicting accounts about what occurred on a phone call between lindsey graham and georgia secretary of state brad raffensperger. raffensperger said that graham pressured him to toss out legal mail-in ballots and it made him uncomfortable. but graham told our manu raju in 2020 that he was just calling to inquire about the mail-in voting process, about the signature verification system, and he also said that he wasn't even talking about the 2020 presidential election, that he was talking about a critical pair of senate run-off races in georgia that occurred in january of 2021. but let's take a listen to what he told reporters in south carolina earlier today. >> this is troubling for the country. we can't criminalize senators doing their job when they have a constitutional requirement to fulfill. it would be irresponsible for me, in my opinion, as chairman of the committee, not to try to find out what happened. >> reporter: so, again, you heard graham right over there denying any wrong doing in this case. but it is a good reminder of how involved trump's allies, including members of congress, were involved in this effort to try to overturn the 2020 election. boris? >> melanie, thank you so much. now to paula reed, evan perez and norm eisen. norm, big picture here. 39 folks recommended to be indicted by this special grand jury. the d.a. ends with 19, fewer than half. does that show prosecutorial restraint, is that the right word, or that she's trying to build her strongest case against the strongest defendants? >> when you have jack smith with one defendant and fani willis with 19, it's tough to use the word "prosecutorial restraint." i would say it does show prosecutorial discipline. somebody who has practiced criminal law for over 30 years, prosecutors don't always indict everyone that a grand jury may feel evidence exists as to. they have to ask themselves multiple questions, like which of these almost 40 are the strongest cases? if i charge lindsey graham, will i get massive legal objections based on the constitution for a sitting senator? if i charge another name that's got a lot of attention, cleata mitchell, one of the alleged organizers of this conspiracy, but was her conduct more aggressive lawyering, or did it cross that line into criminality? was she active on that infamous january 2nd brad raffensperger call? she didn't talk very much. so those kind of considerations, sound prosecutorial discipline. one last thing, lindsey graham complained, we just heard the sound that this was a criminalization of his duties, but it's just the opposite, jim. because fani willis said no, i'm not going to charge lindsey graham. so i think it speaks to her prudence. >> paula, let's take a step back. the release of this report is something that is extremely rare, and it gives us a unique insight into how special grand jury members interpret evidence. >> that's right. what makes this grand jury special is that they hear the evidence, they heard from dozens of witnesses over seven months. and then they make recommendations to the district attorney. those are not binding on the district attorney, but it is extraordinary to be able to see this kind of information, because now we know one of the data points that she was using when she made her decision to go ahead and move forward with indictments. so it's extraordinary to have this kind of access. cnn was one of the organizations that pushed to make this public, as we know, there were no objections among the jurors to releasing this, and the judge said look, now that the indictment is out, i'm willing to release this. some people may argue that there is a reason for the grand jury process being secret to protect people recommended for charges but not charged, and just to protect the process as a whole. >> georgia has these transparency laws, which we saw with the release of the names of the jurors themselves. that's the law there. whether it has to be adapted to our times is a question. the exact votes, how many jurors voted to indict and not indict. what did we learn from that? >> one of the things that is interesting is we see consistently one no vote on many of the names that we know were in the end charged, right? we don't know whether it's the same member of the grand jury, the same juror that is objecting to pretty much all of them, or, you know, whether that is -- whether we had a mix and match of a certain number of jurors who were unsure about particular people. certainly cleata mitchell on people like lindsey graham, you know, you see big differences. there were 13 yes votes on lindsey graham, seven votes no votes on lindsey graham. mitchell, along with a lot of the other ones that ended up being charged, rudy giuliani, john eastman, 20 yes votes and one no vote. it's interesting also, read thing list, going through -- i focus on cleta mitchell, because she early on signed on to the former president's efforts to try to overturn the election. there was also boris epstein instrumental in trying to design the fake elector scheme. and mike flynn, who did not get charged. he was one of the ones who suggested using the military to try to go seize voting machines. these are all people who ended up not getting charged. i should note we did hear from mike flynn's lawyer. he said that this is -- he called this a witch hunt, political witch hunt, of course. boris epstein declined to comment except he wants to be called a lawyer for the former president, not just an adviser. >> on the question of boris epstein, he wasn't indicted her or in a federal case either. does that tell you anything when 20 jurors vote to recommend an indictment, one votes against, and yet nothing? >> this was not a close call in terms of the vote. >> well, it tells us that the criminal justice system is not a matter of exact calculations. that in the end of the day, there are very fine prosecutorial judgments that are made. now, "the new york times" reported that one of the unindicted co-conspirators in the jack smith case may, it's not definitive, it may be boris epstein. so we'll see if there is any further developments there or not. but i was very struck, evan and i both, they're like scorecards. so we both marked them. it takes 12 -- a majority of the special grand jury to indict. and lindsey graham got 13 yes votes, just one more than was necessary. and one of the closer tallies here. so, you know, those -- i think it's the genius of -- part of the genius of the american criminal justice system. it is not all up to prosecutors and judges. it's up to ordinary people, the average americans who sit there and make these judgments, as well. >> just as the jury trial will be. >> the ultimate test. >> that will be the issue, right? when you get there. norm eisen, evan, paula, thanks as always. still ahead, a police officer in philadelphia turns himself to face charges for killing a man during a traffic stop. how prosecutors and the officer's defense team are reacting to just disturbing, shocking new video released today. plus, s.a.t. and a.c.t., use of college entrance exam in florida is drawing controversy, next on cnn news central. liberty mutual customized my car insurance and i saved hundreds. with the money i saved, i started a dog walking business. oh. 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[clock alarm] ♪ morning. ♪ ♪ life after student debt is within reach. refi at sofi.com. you could save thousands and get to your goals faster. sofi. get your money right. pennsylvania authorities say there have now been at least eight credible sightings of the convicted murderer who broke out of prison last week. today, we are getting a look at the command center set up to track him. cnn's dana free throwman is outside the chester county prison. danny, any progress? >> reporter: listen, state police are definitely projecting strength on day nine of this manhunt for danelo cavalcante. i did get a chance to tour that command center a few hours ago. but before i get to that, i want to bring you breaking news. the corrections officer, who was on duty at the time of danelo cavalcante's escape, just a little bit -- a half mile away from here, that corrections officer was terminated yesterday afternoon. that confirmation coming from a chester county government official. just to rewind for a second and remind viewers, basically the acting warden of the prison said that danelo cavalcante was able to crab walk up part of the exercise yard, get up to the roof, jump over and through some razor wire. that is how he was able to escape. but the acting warden really pointed to the tower guard, a corrections officer, who did not report, nor see, according to the warden, that escape as it happened. they're saying that's part of the reason why he got about an hour's head start on authorities once he was able to leave the prison. so that news just coming in to us. now, back to the actual search itself. this area, this search area i should say, has been expanding. we're now seeing north of 350 law enforcement officials, nearing 400 on the ground, in the air, on horse back, trying to find danelo cavalcante. but during this tour of the command center, i asked pennsylvania state police why this show of force, which is the largest amount of law enforcement officers this search has seen yet, how come this didn't come sooner. take a listen. why wasn't this amount of people deployed right away? >> you know, the numbers you will see them rise and fall. if this isn't successful, i may keep the same number, depending on what the information is. we had as many as we needed for the various operations that we had going on. it doesn't do us any good to bring all of those resources and pool them from other places. they have policing functions elsewhere when they're not here. so there's a balance there. >> reporter: so that's the explanation right there. but make no mistake, there is a show of force today, the largest number of law enforcement agents on the ground, searching for danelo cavalcante on day nine of this manhunt. back to you. >> still a lot of work to do. danny freeman, thanks so much. his job was to protect lives. but now this philadelphia police officer is being accused of murder. today, officer mark dial surrendered to authorities for the shooting death of 27-year-old eddie irizarry last month. dial turned himself in just hours before the philadelphia district attorney released the chilling raw footage of dial's body camera, showing that irizarry's life ended roughly five seconds after dial exited his police car. the video also contradicts what police initially said about the killing. the d.a. said the footage and other evidence also show the charges of murder, aggravated assault, and more are warranted. listen. >> confirmed by a judge in the curt of common pleas, who signed off on these charges, support all the charges we have brought, including a charge of first degree murder. that jury instruction supports it, the law supports it. and frankly, in my opinion, it's not even really a discussion. >> cnn's reporter is here to walk us through the video released by the d.a. brynn, these images are difficult to look at, but irizarry's family wanted transparency. they wanted this to be out in the public. >> reporter: yeah, that's right, boris. they said they wanted full videos, both officer's body camera footage, not edited, not blurred, released to the public, and that's what the d.a. did today, after filing these charges against one of the police officers, the second police officer is not facing charges. it's important to note that. let me walk you through some of that video. this happened in mid august. eddie irizarry, he was pulled of by police, and you can see from the video in plain sight that it's within seconds, like you just said, boris, that the officers get out of their patrol car and shots were fired five seconds after they exited the video. now, there is a little bit of a lag in the audio of that body camera footage, so it's difficult to understand how many warnings were given to irizarry before those shots were fired. though you do hear on one of the police body cameras from one of those officers. it's unclear which one. but again, a big point that is so important to the story is that initially, when philadelphia police announced this incident, they said irizarry was outside his vehicle and shot after not listening to commands from police. well, it's very obvious now from this body camera footage that he was not outside his vehicle. he was inside, and he was shot and killed. his defense attorney, i want to mention, also saying that -- i'm sorry, the defense attorney for mark dial saying that he believes these charges now against this police officer, who has been fired from philadelphia police, well, they're not warranted. he called them appalling and said that they're going to tight them. we want you to watch some of that video now. show your hands! i'll [ bleep ] shoot you. [ gunfire ] >> 413, shots fired, shots fired. [ indiscernible ] >> reporter: so, again, that's a short section of the video i described to you. it's important to note that, again, an officer did give a washing about a knife. there were knives found inside the car, but all of that, of course, will play out in this trial. right now, that officer is being held on $500,000 bail, and he will be back in court later this month. >> thank you so much. with us now areva martin, civil rights attorney. good to have you. when you look at that tape, which is difficult to watch, how quickly those shots were fired, does this have the makings of a first degree murder charge in your view? >> i think absolutely, jim. you look at the video, there is no evidence that these officers had any justification for firing their weapons. they gave the command, but they never gave irizarry any opportunity to respond to the commands that were given to him. his window was up during the entire incident. you see him in his consider. even though there were knives found after the fact, there's no evidence that he raised his hand or pointed the knife at them, that he did anything that was a threatening gesture to these police officers that would justify the shooting of him in the five seconds in which they fired their weapons. and then you look at the conduct afterwards, jim. really appalling. talk about appalling. his attorney used that word, but their conduct was appalling even after the shooting. >> are you talking about the story they told? because a key discrepancy is that police said initially he was outside the vehicle. of course, he was not, as the video shows. >> absolutely, jim. that fabricated story to justify the shooting of eddie irizarry. police told the public that he was outside of his car. there's even one report that he was outside the car with a knife, and that somehow justified the shooting. then we get the body cam video, and it directly contradicts the story of a police officer. he's in his car, window is rolled up, he's not making a threatening action or movement towards the police officers. and then, there is also -- when you look at the entire body cam video, jim, you can hear conversations between the officers. one officer, the officer that has not been charged, making it clear that he wasn't the shooter, that he was getting his story together. the other officer that is involved in the shooting, telling people to stop talking because the mic is hot. so a lot of this is disturbing. >> you and i have talked a number of times about police-involved shootings. often under circumstances like this, where it seems like, i hate to use the expression, jump the gun, but that's not to disparage the good police work of most police officers. here you have an officer charged, quite quickly, with murder. are we seeing the legal system catch up to some degree? in other words, it's more likely to charge and hold officers in cases like this to account leg legally? >> i think, jim, we are. but we have to give a lot of credit to the activists. initially, the philadelphia police department, they weren't going to release the body cam video. they had not released it. the shooting took place on august 15th. here we are, september 7th, september 8th. so it's not as if the police responded or the district attorney responded without the activism of people on the ground. so i think public pressure definitely does have an impact, and is moving police departments and district attorney offices to move more quickly on these cases. >> and body cam footage, as well. particularly when it contradicts police system. thanks so much. >> thanks, jim. >> boris? still ahead, the governing body for florida's education system set

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