Transcripts For CNN New Day With John Berman and Brianna Keilar 20240709

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fatally shoot two people and wound a third during unrest in kenosha, wisconsin. >> there were people right there -- [ sobbing ]. >> take a deep breath, kyle. >> his mother also cried as she watched the testimony. >> moments ago we heard from a man who was also shot by kyle rittenhouse that nice and was the only one to survive. listen. >> to me it seemed like a child who had just gotten caught doing something he wasn't supposed to, more upset that he was caught and less upset about what he had done and what he had taken and the numerous lives that he affected through his actions that night. let's bring in cnn's shimon prokupecz. he's live in kenosha, wisconsin, covering this trial from the start. this, shimon, was by far the most dramatic day we've seen. >> reporter: yeah, the most dramatic, most riveting. it was a highly anticipated moment. kyle rittenhouse was expected to testify. certainly him taking the stand is going to come down as one of the biggest days of this trial he told jurors he had to shoot to defend himself, but it's also the judge. the judge himself making headlines after lashing out at prosecutors after a line of questioning he felt was appropriate, which then caused the defense attorneys to ask for a mistrial. kyle rittenhouse testifying in his own defense telling jurors why he shot three men killing two. >> i didn't do anything wrong. i defended myself. >> the defense's star witness explaining why he decided to travel to kenosha, wisconsin, during protests last year. >> on august 25th of 2020, did you come to downtown kenosha to look for trouble? >> no. >> reporter: rittenhouse describing his encounter with joseph rosenbaum, the first person he would shoot and kill that night. >> he screamed -- sorry for my language. if i catch any of you [ bleep ] alone, i'm going to [ bleep ] kill you. >> reporter: rittenhouse telling jurors what led up to him fatally shooting rosenbaum. >> once i take the step back, i look over my shoulder and mr. rosenbaum was now running from my right side, and i was cornered from in front of me with mr. kaminsky, and there were -- there were people right th there [ crying ]. >> take a deep breath, kyle. >> that -- [ sobbing ]. >> the judge calling for a break. rittenhouse's mother also sobbing from her seat. he returned to the courtroom without tears to continue his testimony. >> as you see him lunging at you, what do you do? >> i shoot him. >> how many times did you shoot? >> i believe four. if i would have let mr. rosenbaum take my firearm from me, he would have used it and killed me with it and probably killed more people if i would have let him get my gun. >> rittenhouse testifying about when he shot and killed anthony huber who he says first hit him with a skateboard. >> he grabs my gun, and i can feel it pulling away from me, and i can feel the strap starting to come off my body. >> and what do you do then? >> i fire one shot. >> reporter: rittenhouse also described when he shot gaige groskreutz, the only surviving victim. >> i lower my weapon. as i'm lowering my weapon, i look down and then mr. grosskreutz, he lunges at me with his pistol pointed direct me at my head. his pistol is pointed at me, and that's when i shoot him. >> during crocs the judge asking the jury to leave the room twice, first when the prosecution asked rittenhouse about his post arrest silence, a right solidified in the fifth amendment. >> the problem is this is a grave constitutional violation for you to talk about the defendant's silence. and you're right, you ear right on the borderline. you may be over, but it better stop. >> lashing oupt at the prosecution for attempting to ask rittenhouse questions related to evidence he already banned from the trial. >> don't get brazen with me! you knew very well, you know very well an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. so don't give me that. >> reporter: the defense outraged, making this appeal. >> at this point, the defense is going to be making a motion for a mistrial. however, that motion is going to be requested with prejudice. >> reporter: that means that, if granted, rittenhouse cannot have a retrial. judge bruce schroeder saying he's taking the request into consideration. he's facing first degree intentional homicide, attempted first degree intentional homicide. prosecutors asking rittenhouse why he brought an ar-15 style rifle with him to kenosha during the time of unrest. >> why do you need the gun when you go out there? >> i need the gun because, if i had to protect myself because somebody attacked me. >> why would you think anybody would do that? >> i don't know. >> but you clearly planned on it? you were prepared for it, you thought it was going to happen. >> no, i didn't. >> that's the whole reason you brought the gun, isn't it? >> i brought the gun to protect myself. >> pressing rittenhouse on why he claimed he was a medic. >> we're running medical and we're going in and getting people. >> you lied to him, correct? >> i told him i was an emt but i wasn't. >> the prosecution also focusing on what led rittenhouse to shoot rosenbaum and his two other victims. >> you just assumed he was going to use it, that he was going to try and take it from you, first of all, and then you assumed he was going to try to use it on you. >> if i would have let mr. rosenbaum get my gun, he would have killed me. >> but you had already pointed your gun at him? >> yes, because he was chasing me. >> did you want him to think that you were going to shoot him? >> no. i never wanted to shoot mr. rosenbaum. >> why did you point it at him if you didn't have any intention of shooting him? >> he was chasing me. i was alone. he threatened to kill me earlier in that night. i didn't want to have to shoot him. >> but you understand how dangerous it is to point a gun at someone, don't you? >> i pointed it at him because he kept running at me and i didn't want i'm to chase me. >> reporter: the defense says they have three more witnesses to call, including one this morning who is a use of force expert. the other thing we're waiting to see is if the defense attorneys actually file a motion for that mistrial. we'll see if that gets filed and obviously the prosecutor's response. the other thing to look for is the judge today. this judge has been very sensitive over media coverage of this trial. it will be interesting to see if he responds to some of the reports that are now out there certainly going after him over the way he reacted to yesterday's testimony. >> yeah. cert certainly will be. let's discuss this with attorney bakari sellers as well as former new york prosecutor charles coleman. bakari, starting with you, what did you think of kyle rittenhouse's testimony? >> as a criminal defense attorney, like i am, you have to take the calculated risk of putting the defendant on the stand. i don't think you get a mistrial, a hung jury, a not guilty verdict without putting kyle on the stand. yesterday i think his testimony was persuasive to some, not to me but to some, and maybe to enough jurors to get you to a hung jury or even a not guilty. the prosecution did a great job of showing him to be inconsistent, showing him to be a liar, showing him to be callous. it's very difficult in this case when you have defense attorneys who are doing their job and you have a judge who is bending over backwards to protect the interests of kyle rittenhouse. this is a fascinating case to watch because this judge is going out of his way to somewhat shield kyle rittenhouse and treating him as if he's a child, when he's on trial of taking two lives and shooting another. i'm not necessarily sure what's happening in kenosha. but i do know it's going to be an uphill battle to get a guilty verdict for the prosecution. >> charles, what do you think about that? >> listen, brianna, it's clear the defense had a clear strategy in terms of what they were trying to do with putting rittenhouse on the stand. they don't need the entire jury, they just need a few jurors who will be willing to convict kyle rittenhouse. that's their strategy. the prosecution is not going to be able to prove this case beyond a reasonable doubt if they're able to do that. i think to bakari's point, you saw a relatively come bowsed, well-prepped rittenhouse take the stand. regardless of his crocodile tears, whether he forced that crying on demand or on cue during the course of the testimony, the reality is when the jury saw his mother cry in court, there were some members of the jury visibly affected by that. again, it's not necessarily about the facts. it is about getting a few jurors who believe there may be reasonable doubt or may believe that rittenhouse was in fear for his life and they did accomplish that. on the other hand, the prosecution, unfortunately, was not able to have an effective cross examination while it was technically sound, it was boring. a lot of the jurors after a point stopped paying attention. they were wiping their eyes and simply fatigued and exhausted because the technical aspects of what the prosecution was doing weren't resonating with the jury in the same way the emotional testimony that kyle rittenhouse got out on direct when he was directed by his attorney affected the jury in a positive way. so that creates, in addition to what bakari pointed out for the judge, an uphill battle for the prosecution to climb. >> you mentioned, bakari t judge. i want to play some sound of the judge admonishing the prosecution -- this is one moment. there were many. let's look at this most heated moment. >> i was astonished when you began your examination by commenting on the defendant's post-arrest silence. that's basic law. it's been basic law in this country for 40 years, 50 years. i have no idea why you would do something like that. >> -- >> don't get brazen with me. you know very well an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so, so don't give me that. i don't believe you. there better not be another incident. i'll take the motion under advisement. >> bakari, i will say, the jury wasn't there. i was surprised to hear from a judge on our program as well as a lawyer saying this kind of thing does happen at times. it's not totally out of the blue. i wonder what you felt about this moment in this high-profile trial? >> i got my behind handed to me in a sentencing a couple weeks ago where i was told to stit don and stop digging. this back and forth does happen when you're in a trial. however, you have to look at the totality of the judge's actions, look at the rumgs that he's made. i said it yesterday and i'll be extremely blunt, it appears this judge is looking for his next gig on fox news or oan or whatever it is. this judge is going beyond the pale in trying to show off for the country his conservative credentials or whatever it may be, and shielding kyle rittenhouse, treating him as if he's a child. i think the behavior of the judge in tow at that time is the problem. the prosecutor is a habitual line-stepper. i noticed that during this trial, and he did step on that line where you get into that constitutional danger zone by going into the lack of communication or kyle remaining silent after the arrest. the problem with that with this judge is he's attempting to hang his hat on anything to protect kyle. i would not be surprised, al thoef i think it would be wrong, if he was granted the mistrial without the ability to retry kyle rittenhouse for these crimes. it's as if he wants to do that. that would be problematic for all of us. i wouldn't be surprised. >> i want to know what you thought about a very interesting moment yesterday which is kyle rittenhouse saying he got this ar-style rifle because he thought it was cool, and he also admitted -- he obviously is not an emt and he lied about that. tell us about him saying that about the gun, that it's cool and what that means. >> well, brianna, earlier when bakari was talking about the fact that this was a calculated risk in terms of putting kyle rittenhouse on the stand, this is exactly the sort of thing you think about as an attorney. when you have a teenager client and you are facing a murder trial, this is a big risk because that the a bad sign for the defense. that is not something you want to hear your client say on the stand. it's kind of cringe-worthy. ultimately it's something that is problematic and not good for their case overall. there have been so many other factors including the judge and sort of home court advantage, if you will, granted to the defense that i don't necessarily know it's going to play very well. it was a cringeworthy moment and i thought to myself, this is exactly why you don't want to put a teenager on the stand. something like that slips out, and were this a case that was in greater doubt in the minds of the jury, that could sway them in a particular way. i want to also point out, one of the things that the prosecution has had a challenge with is that every witness they put on did something to help their case and did something to hurt their case at the same time. they all talked about it being a chaotic scene. many witnesses talked about actually having firearms and things of that nature. they admitted to chasing kyle rittenhouse. in terms of the confrontation. these are things that the prosecution has not done in terms of doing itself any favors in addition to the habitual linestepping that got them chewed out by the judge. >> we're going to see today. there's a use of force expert. we'll see what the prosecution does with that, if maybe they clean up some of the difficulties they've had. bakari and charles, thank you to both of you. >> thank you. just 24 hours until the national archives could turn over documents to the january 6th committee about president trump's actions and communications on the 6th. trump was dealt another legal setback. a security guard for the deadly astroworld music festival walked off the job that morning. he's here to tell us why. we'll speak live to ahmaud arbery's mother after testimony pokes holes in the defense of her son's shooters. don't settle. start your day with h secret. secret stops odor-causing sweat 3x more. and the provitamin b5 formula is gentle on skin. with secret, outlast anything! no sweat. secret. ♪ all strength. no sweat. ♪ [gaming sounds] [gaming sounds] [gaming sounds] just think, he'll be driving for real soon. every new chevy equinox comes standard with chevy safety assist, including automatic emergency braking. find new peace of mind. find new roads. chevrolet. cough cough sneeze sneeze... 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>> it's very significant. first of all, let's look what's happening here. we're talking about a conspiracy like none other in the united states, to undermine this election, led, this conspiracy, by the president of the united states. there are some people who work for mike pence who indeed are angry about the conspiracy and that pence was brought into it indirectly. finally pence did the right thing. he certified the election, presided over the election of the duly elected president of the united states, joseph biden. we have a year to go to find out what happened, until the republicans in all likelihood take over the congress, they're going to try to shut down this investigation. the press particularly, the committee, one year to go to find out what happened in the most grieve rouse assault on democracy since the confederacy and the civil war. >> you say there are people inside pence's inner circle who are angry. >> yes. >> why is that snornt. >> because there are people who believe in the constitution of the united states. even in the republican party there are still people who believe in the constitution despite the fact that the party has been taken over by craven republicans and made the party of trumpism and authoritarianism, but there are people there, and it is the job of the press, the job of this committee, particularly the press, to find a witness or several witnesses, perhaps among pence's aides, not necessarily his principals as jamie again del reported, but maybe some aides to the aides. with very a year to get it to unravel this horrible conspiracy. >> someone, if that person exists, and if that person saw something, who would call it out publicly. you compare this to a john dean character, whom you dealt with, obviously, when you were dealing on watergate. >> if you look at bob woodward's and my papers down at the university of texas, what happened in watergate was we got to john dean before he testified. we knew he was going to name the president of the united states as the head of the conspiracy in watergate, and he was going to turn on the president of the united states. our job in the press right now, above all others, is to unravel this conspiracy before the republican party captured by donald trump is able to suppress what happened here. it is the business of the nation, and this committee might have a shot. i keep coming back to this idea of, in watergate we got a list of everybody who worked for the president of the united states in his re-election. the committee is trying to do the same thing and find a couple of these people. there are indications from republicans i talk to -- it's not just the republicans on the committee, but there are other republicans in the house, in the senate particularly who despise trump, who believe this conspiracy can be unraveled if other republicans talking to each other, is happening now to some extent, keep pursuing this. it doesn't have to get out necessarily under oath. it could happen in pre-interviews, for instance, with some of the people who were named in jamie gan del's book. >> i don't know if there are republicans necessarily who want to go back and look at the insurrection more and find out the truth there. >> well, that's the problem. >> it does seem based on chris christie's comments this morning, he sort of punched the former president in the nose a little bit. >> also christie is looking to be president of the united states of him elf. you talk about threading the needle. >> you think that's the way to become president, it seems there are at least one republican, others growing frustrated with the former president, too, maybe some are beginning to turn after virginia. >> they're still embracing trumpism. they're terrified of donald trump. there might be a few. let's look again, this republican party, like the democratic party and the confederacy, particularly the southern democrats in the confederacy have been captured by the trumpist movement, captured by an authoritarian movement, unlike anything we've seen since the secessionist democrats led by jefferson davis in the civil war who have sought to undermine the unity and the absolute basis of our democracy. let me go back to the press again. this is our job for the next year above all else. if we get this narrative, and i say this to all my colleagues out there, this is the story that we cannot lose focus on, and we'll get it if we pursue it. >> carl bernstein, thank you for being with us. >> good to be with you. new clues into what went wrong in preparation for the astroworld music festival and why inspectors on sight say it looked like a war zone. a lawyer for the armorer on alec baldwin's movie "rust," why she says she's being framed. what they say happened between the shooting and when police arrived. nsurance, so you only pay for what you need. oh, yeah. that's the spot. only pay for what you need. ♪ liberty, liberty, liberty, liberty ♪ discomfort back there? 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>> correct, yeah. they dropped me off at the front gate. that was supposed to be my station for the day, although the night before when we had the orientation and the classroom setting, there really wasn't much instruction on job roles or job duties, so i really didn't feel like i was prepared or equipped to handle any type of situation. >> so it sounds like you were surprised that that was going to be your role. why did you think that might be an unsafe place? were you aware of how chaotic travis scott's concerts have been in the past? >> well, not only that, i'm an avid concert-goer myself. i've been to other concerts in the area, and i've witnessed myself where security and cse personnel have been overrun by rowdy crowds. i had heard people mention online and in person that there was a plan to storm the gates. i mentioned that to my superiors, but it seemed like it fell on deaf ears. >> you heard that online and mentioned it? >> i did. >> you mentioned that you had heard online that there was a plan to storm the gates, so that was something that you were expecting would happen at the front gates. who did you tell, and what did they say to you? >> i did mention that to two of the superiors that were at the station by the front gate. they did offer me a different position or a different role for the day which would have been me kind of walking the perimeter to keep it secure to make sure no one hops the gate or no one tries to sneak in the festival. but i really didn't feel comfortable doing that either because i didn't receive any type of training whatsoever to handle anything. >> what was your job requirement? you said there's not much training. what were the job requirements for this? >> well, the only requirement that was mentioned on the online posting was at least one year of customer service is preferred, which i have plenty. it did say that you would be required to get a level two security license. so based on those two things, i felt like that would put me in a position to succeed based on my minimum security qualifications. >> darius, when you heard that people had died at the concert, what did you think? >> i was devastated. i was shocked. i felt a sense of -- a sense of -- i don't want to say relief, but glad i trusted my instinct and that i listen to myself and left for the day. based on what i witnessed personally, i'm not surprised an incident did occur. >> who do you blame, darius? >> i think there's a lot of blame to go around. i think there's -- everyone involved with the festival planning i believe has a part to blame. i don't want to say it's anyone in particular, but definitely all parties involved. >> darious williams, thank you so much for talking with us about your experience, a very unique one. thank you. >> thank you very much. >> there's new developments in the trial of the three men charged with the killing of ahmaud arbery. what a police investigator said on the stand that arbery's mother called disturbing. you'll really want to hear this. she eeps going to join us next. plus a crew member injured during the "rust" movie shooting is now suing alec baldwin. hear why. but it's not like that's my only interest. i also love cookoking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. when you're looking for answers, it's good to have help. because the right information, at the right time, may make all the difference. at humana, we know that's especially true when you're looking for a medicare supplement insurance plan. that's why we're offering "seven things every medicare supplement should have." it's yours, free! just for calling the number on your screen. and when you call, a knowledgeable licensed agent-producer can answer any questions you have, and help you choose the plan that's right for you. the call is free, and there's no obligation. you see, medicare covers only about 80% of your part b medical expenses. the rest is up to you. that's why so many people purchase medicare supplement insurance plans, like those offered by humana. they're designed to help you save money, and pay some of the costs medicare doesn't. depending on the medicare supplement plan you select, you could have no deductibles or copayments for doctor visits, hospital stays, emergency care and more! you can keep the doctors you have now, ones you know and trust, with no referrals needed. plus, you can get medical care anywhere in the country, even when you're traveling. with humana, you get a competitive monthly premium and personalized service from a healthcare partner working to make healthcare simpler and easier for you. you can choose from a wide range of standardized plans. each one is designed to work seamlessly with medicare, and help save you money. so, how do you find the plan that's right for you? 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breaking this morning, the white house issic thatting action on an issue that has impacted thousands of service members perhaps including the president's own son, beau biden. . whether it's a year old or a few years old. we wanna buy your car. so go to carvana and enter your license plate answer a few questions. and our techno wizardry calculates your car's value and gives you a real offer in seconds. when you're ready, we'll come to you, pay you on the spot and pick up your car, that's it. so ditch the old way of selling your car, and say hello to the new way at carvana. advanced non-small cell lung cancer can change everything. but your first treatment could be a chemo-free combination of two immunotherapies that works differently. it could mean a chance to live longer. opdivo plus yervoy is for adults newly diagnosed with non-small cell lung cancer that has spread, tests positive for pd-l1, and does not have an abnormal egfr or alk gene. it's the only fda-approved combination of two immunotherapies. opdivo plus yervoy equals... a chance for more time together. more family time. more quiet time. opdivo and yervoy can cause your immune system to harm healthy parts of your body during and after treatment. these problems can be severe and lead to death. see your doctor right away if you have a cough; chest pain; shortness of breath; irregular heartbeat; diarrhea; constipation; severe stomach pain, nausea or vomiting; dizziness; fainting; eye problems; extreme tiredness; changes in appetite, thirst or urine; rash; itching; confusion; memory problems; muscle pain or weakness; joint pain; flushing; or fever. these are not all the possible side effects. problems can occur together and more often when opdivo is used with yervoy. tell your doctor about all medical conditions including immune or nervous system problems, if you've had or plan to have an organ or stem cell transplant, or received chest radiation. here's to a chance to live longer. ask your doctor about chemo-free opdivo plus yervoy. thank you to all those in our clinical trials. today marks the first veterans day since president biden ended the war in afghanistan. this morning the biden administration announced new plans to help veterans who have potentially been exposed to burn pits and other hazardous materials while serving in the armed forces. joining me to talk about this, the ceo of iraq and afghanistan veterans of america, jeremy butler. i know this is a big issue for your organization, but for the uninitiated, the military burned, sometimes football field sized acres of trash. you had a lot of service members breathing this in. tell us about how significant this move is by the biden administration. >> thanks, brianna. great to join you again. i appreciate your focusing on this issue. i would love to be more optimistic. the reality is this is a good step by the administration. unfortunately, if you read the fine print, there's a lot of things like we'll do a 90-day review, we'll see what the evidence shows, we'll consider making changes. there's a lot of things that don't say what we need to hear, which is we're changing the rules now to make sure any veteran exposed to and sickened by these toxins is able to get health care from the va. as you know all too well, veterans are already sickened and dying from these expose yours. it's been 20 years since we entered afghanistan and we're way overdue. the fact that there's legislation in the house and senate that could be passed today. this is a nice first step, but it's not where we need to be. >> we know the effect of this. we lost a mutual friend just this past weekend, former staff sergeant wesley black. i think that's really the question. this war, these wars, this trash has been burning for 20 years. so if you are a service member who is experiencing severe symptoms, whether it is respiratory or even potentially respiratory cancer or even maybe another rare serious type of cancer that you think is tied to this and you're having symptoms and you go to the va, jeremy, what happens? what is there to help them get their claims full tild? >> it's unfortunately kind of a complicated process. right now there's a lot of push to say get yourself registered on the burn pit registry, which is correct. we want veterans to get themselves signed up because that's a way to begin to increase the numbers of folks that the va can see, they can understand the medical issues that they're dealing with, but that's not going to get hem the health care. unless right now, unless they have a very clear medical tie between the illnesses that they're facing and their service, the va is not going to treat them for those illnesses. that's what, as you mentioned, we sadly lost staff sergeant black to lung cancer. he was fighting all the way up to his dying day to make sure that type of fight no other veteran has to go through. he and his wife and their young son, he spent his last days fighting to make sure this wouldn't happen to other veterans. we're still at a point where the va isn't going to treat them. they're going to say we need more medical science, more evidence linking the cancers, the rare >> so obviously that's a big issue. it's being called the agent orange of this generation. tl there is also the mental health issue for veterans that are facing. how are things different since the war in oof afghanistan ende? >> we passed the hannan act which makes changes in the mental health treatment for veterans. it expands grant programs that the v.a. can extend to local providers around the country so under served areas are able to meet with and connect with veterans that they know. unfortunately we still need the v.a. to get those grants rolled out and need to get the funds to the community especially now. as you alluded to with the fall of afghanistan, there is a renewed mental health crisis in the veteran community. it is really heartbreaking for so many to watch the images on tv and to know how many thousands of afghan allies we have left behind still in the country. we are receiving messages from them on a daily basis saying i'm in danger, my family is in danger, you need to get me out. this is not something that's over and something for veterans is going to continue day after day after day until we make -- until america keeps its promise and gets those allies out. >> jeremy, i want to say thank you so much on this veteran's day to you. and i also want to let our viewers know you have a great opinion piece out on cnn.com about what service means to you and your family. so, thank you so much, jeremy butler, for all that you do for the veterans community. thanks. e. >> thank you, brianna. new overnight, texas governor greg abbott took a legal blow. the third day in the trial of the men who killed ahmaud arbery. and the soccer player, why it might remind you of tonya harding and nancy kerrigan. with a full exam and x-rays, with no obligation. if you don't have insurance, it's free. plus everyone saves 20% on their treatment plan with flexible payment solutions for every budget. we're here making smiles shine bright so you can start the new year feelin' alright. call 1-800-aspendental or book today at aspendental.com to run a growing business, is to be on a journey. and along the ride, you'll have many questions. challenges. and a few surprises. ♪ but wherever you are on your journey. your dell technologies advisor is here for you - with the right tech solutions. so you can stop at nothing for your customers. it's the early black friday sale. ♪ ♪ this is how we shine... at zales. the diamond store. this morning new witnesses taking the stand in the prosecution of the three white mac men charged with killing ahmaud arbery, the 25-year-old black man. lowery was the one who kuld his mother and sailed her son was dead. larry testified the defendants never told him they were attempting to make a citizens arrest or a crime had been committed by arbery. according to arbery's mother, that's not what lowery told her on the phone. joining us now is wanda cooper jones who, of course, is ahmaud arbery's mother and her attorney mark mcguire. wanda, thank you for being with us. i can't imagine being in the courtroom, hearing the things you had to hear. but i was stunned yesterday, when you recounted what you were first told and how you were first told, how were you first told of your son's death, wanda? what did they tell you? >> how were you first told of your son's death? >> can you guys hear me? >> i can, yes. >> i don't know where the mic is. where is it? >> they can hear you. the microphone is here. they asked how you first learned of your son's death. >> back on february 23rd of last year, i received a call about 6:30 in the evening. it was from an investigator lowery from glen county police department who shared that ahmaud was committing a burglary. he was confronted by the homeowner. at that time there was a confrontation with the homeowner. there was a weapon, and unfortunately ahmaud was shot and killed. >> he told you that your son committed a burglary. >> yes. >> now, we've all been watching this trial. there's no evidence of that whatsoever, and distinctly, the absence of that evidence. so what's it like to sit and listen to this trial, knowing that that's how you were told of your son's death? >> i don't know how to do this thing. >> can you hear him? >> mark, can you ask the question for me? >> i am. what's it like sitting through the trial knowing you were told inaccurately about the nature of your son's death? >> it was very uncomfortable. i was very anxious when i heard that he was the next one that was going to come and give the testimony because i had heard his name several times, and i was really anxious to put a face with the name. and actually, to get his account on what actually happened. >> i'm going to play some sound of the trial now. this was the description, and again, i'm not even sure you can hear me, wanda, but i apologize for making you hear this again. but this was the description that one of the defendants gave a law enforcement officer of what your son was doing and how they were trapping him. so, let's listen. >> he was trapped like a rat. i think he was wanting to flee and he realized something, you know, he was not going to get away. >> wanda, what's it like for you to hear this? >> again, i keep using the word disturbing, but very, very disturbing. after the day they called, they initially told me he had committed a burglary. and then to sit through the trial to find out that ahmaud, he ran, he was killed and then he was lied on. >> he was lied on. what do you mean? >> well, like i said earlier, they told me he had committed a burglary. ahmaud hadn't committed a crime at all. >> mark, we've got a few seconds left here. how is the prosecution doing? do you think they're making their case? >> well, i think there's any number of pundits that will talk about the strategy and presentation of the jury. i'll stay away from that. i just want to add to what ms. cooper said about the investigator from the glen county police department. this is clear evidence of the def deference they gave to the defendants. that was clear from the moment they arrived on scene all the way until gbi got involved. >> counselor, thank you. wanda, thank you for being with us. what a difficult week this has been. >> yes, thank you. >> we're watching this all day as we are watching the kyle rittenhouse trial. cnn's coverage continues right now. very good thursday morning to you. i'm jim sciutto. >> i'm erica hill. the federal judge who ruled against president trump's assertion of executive privilege doubling down on his denial of the request for a stay. the latest decision means unless the former president can get an appeals court to intervene, the national archives will begin turning over those disputed records tomorrow. >> and they're key to that investigation. this comes as the house select committee investigating january 6 is ramping up its efforts to gather more information an

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