Skip to main content

tv   CNN Newsroom  CNN  February 11, 2014 6:00am-8:01am PST

6:00 am
have a great day. "newsroom" starts now. happening now in the "newsroom" -- what did the defendant say? >> i hate that music. >> a software engineer charged with gunning down a teenager over loud rap music. >> i know you know i have forgiven michael dunn for taking your life. >> michael dunn says it was self-defense. >> this guy comes up with something. i thought it was a shotgun. >> police say they never found a gun. dunn expected to take the stand today. >> i went over this a million times. what i should have done is put the car in reverse. >> our coverage begins right now in the cnn newsroom. good morning. i'm carol costello. thanks for joining me.
6:01 am
we start in jacksonville, florida in a courtroom where the loud music murder trial could go to the jury today. in a dramatic move, we could hear from michael dunn himself, the man who opened fire into a parked car blaring loud rap music. three of the bullets struck and killed 17-year-old jordan davis. dunn says he fired in self-defense leabelieving they e armed and threatening. jurors were told davis was leaning away from the shooter when he was killed. >> we know we're dealing with a horizontal track of the bullet. that happens by motion of the body. as you notice when i bend over t track becomes horizontal. that path of the liver and path of the injury helps us establish jordan davis was bending over in re position similar to this. >> our correspondents are following the latest developments. to break it down, we turn to our
6:02 am
legal analysts. first we have to talk about shirley temple. one of the nation's most famous child actresses has died. with a rendition of lollipop in the movie "bright eyes". >> after her film career, temple black held diplomatic posts in go ghana. she died of natural causes. >> her family is asking for privacy at this time to grieve their loss. publicly the world is remembering the joy she brought to the screen. >> during the dark days of the great depression when life was
6:03 am
bleak, along came shirley temp le to win the hearts of the american people. the curly hair and dimples was what the world needed to lift spirits. when she was among entertainers giving the kennedy center honors, president clinton put it this way. >> she was seven years old when president roosevelt wanted to meet her to thank her for her smiling face that helped through the great depression. >> shirley temple began her career at age three playing spunky characters at time the public saw little reason to be. her mother claimed her first words were the lyrics to a song. by age six she had already appeared in 20 movies and had been the top box office star for four years. but ticket sales alone don't
6:04 am
describe her popularity. she was a cover girl. girls flocked to buy shirley temple dolls and a non alcoholic drink was named after her. unlike many stars, she successfully made the transition from her early films like this one to grown up roles. next she switched from life in the public spotlight to life in public service. in 1967 she made an unsuccessful attempt to run for congress and a couple years later became a diplomat. served as a u.s. delegate to the united nations and ambassador to ghana. toward the end of the cold war also. her teenage marriage to john lasted five years and produced one car. her second marriage to business man charles black lasted until his death in 2005. they had two children. commenting on her very career, president clinton commented --
6:05 am
>> she has to be the only person that saved an entire movie studio from failure and contributed to the fall of communism. >> in 1972 she was diagnosed with breast cancer and underwent a mastectomy. she was one of the first celebrities to go public with her diagnoses encouraging women to be examined. from child star to diplomat and seasoned role model, shirley enjoyed it off. later in life she said i wouldn't change anything. >> private funeral arrangements are being made. if fans want to pay respects and offer condolences. a guest book is online at www.shirley temple.com. go there and pay respects. >> thanks michelle. let's head to the white
6:06 am
house where the french president hollande is welcomed by the president and first lady. this follows a relaxed visit to thomas jefferson's house. later today the two will take part in the press conference before wrapping up the day in the white house tradition, the state dinner f. your one of the 350 people invited to that dinner, inspect a four course feast including cavier and quail eggs and a winter guard opinion salad according to the white house served in a glass bowl. sorry i'm from ohio. got to wrap my mind around that. this is the first foreign leader to be honored during president barack obama 's second term. joining me senior white house correspondent jim a coste. good morning jim. >> reporter: good morning. you were showing the pictures of the white house lawn. to take you back there. we'll see the arrival of french
6:07 am
leader hollande momentarily. you're going to see a lot of circumstance in a few moments. the military band will be out there to review the troops. you'll have cabinet members, secretary of state john kerry own down to the vice president also out there. we're expecting to hear a 21 gun salute. all the bells and whistles will be going off. as you said the french president and president barack obama will spend a lot of time together behind closed doors in what they call a bilateral meeting in the white house cabinet room. they'll talk about issues. expect civil war in syria, containing iran's nuclear program to come up. the joint news conference is at noon. the state dinner is later this evening which is something we'll all be watching. >> yes, we will. we'll also watch who will be sitting next to president barack
6:08 am
obama . we have to talk rumor and gossip. we know president hollande broke up with his long time lady because he was allegedly having an affair with another lady. usually the spouse of the dignitary sits by the president. everyone wonders who will sit next to president barack obama now that hollande will be going to the dinner solo. >> yeah. >> reporter: that appears to be a closely guarded state secret. i'm being -- we spoke to someone that said other heads of state have come to the white house stag as president hollande will do later this evening. they work these things out. it's not that big of a deal. people have been talking about this. there has been speculation as to whether or not the visit by the french leader is curtailed or affected by some way. white house officials say that's not the case. if you look at the trip
6:09 am
yesterday. what's about to take place at the white house and later this evening, they say the president of france is getting the same red carpet treatment as any other close u.s. ally would receive. of course it is something to behold. these are functions you don't see often in washington in part because it takes a lot to put into it. >> it takes a lot of time and money. i must say the white house has cut down on cost this year. they won't serve a bottle of wine over $50. most will be from the state of virginia which has delicious wine. i can a test to that. president hollande loves his wife. so did thomas jefferson. >> reporter: they had a chance to talk about jefferson, the first founding friend. he was responsible for the louisiana purchase.
6:10 am
the president of france joked he's not asking for returns to which president barack obama quipped that it was a good bargain. very interesting to see that. also interesting to see how the white house is framing this as we're watching these events unfold on the south lawn. yesterday they held a conference call with reporters. there was a dig at the bush administration talking about the french u.s. relationship, harkening back to when the bush administration referred to france as old europe. one official said on the conference call we've come a long way from freedom fries. we sure have. >> i don't think that term will be brought up at the state dinner. let's listen for a bit, jim. >> ladies and gentlemen, the president of the united states and mrs. michelle obama.
6:11 am
♪ ♪
6:12 am
6:13 am
>> all right. what a beautiful spectacle. the two men are going to speak as they approach the podium. they're allowing time for pictures to be taken of these two world leaders standing together. ♪ ♪
6:14 am
♪ ♪
6:15 am
6:16 am
>> all right. they're going to continue with ceremonial functions before the two men take to the podium. jim acoste is following this. there will be a lot to talk about. syria, iran, iraq? >> that's right. >> reporter: senior officials were telling reporters yesterday during the conference call france played an integral part in putting pressure on syria, putting pressure on that process backing the u.s. decision there to potentially use force to rid
6:17 am
syria of chemical weapons and that it was a big help to the united states according to the senior administration officials. you remember during that time the uk was saying maybe we can't go along on this one. that's definitely under discussion. lately the syrians have been dragging their feet when it comes to removing the chemical weapons. they'll also talk about iran and global effort to contain that program. surveillance is very much on the minds of these two when meeting behind closed doors. european leaders have been very upset about surveillance activities. president hollande may have something to say about that. one interesting note, hollande will not address the congress. that's the first time we have not seen the french leader do that in almost a half century. it is interesting that he won't be doing that.
6:18 am
administration officials and officials are the house speaker john boehner say that's a scheduling matter, has nothing to do with hollande. probably a good reason because there's a lot of snow heading this way. it's cold enough, but there's a lot on the way. >> that's right. parts of virginia getting nine or ten inches. it's terrible. this is what they're doing now. this is the army drum core. two leaders are reviewing the core. after they do that, they'll move back to the podium and deliver remarks. i wouldn't be surprised if the subject of global economy comes up. france is not in a good state. one economy affects all others in the world. >> the unemployment rate in france is very high, across europe, this has been a big issue for french leaders. it's one reason a lot of people say the reason hollande is so
6:19 am
unpopular is because of allegations of an affair. really it has a lot to do with the state of the french economy, unemployment in that country. that is something that administration officials say both president barack obama and president hollande will be talking about. just how to get the global economy up and moving again. of course here in the united states, we've seen the recovery struggle here. it struggled more in europe. yes, of course that will be on the agenda as well. you can see members of the public getting a chance to greet both leaders here on the south lawn of the white house. that is definitely a hot ticket in town if you can get one of those. not many people get that close to two world leaders. >> most of those people you say are school kids from the area which is nice. we're going to take a quick break. when we come back, hopefully the two leaders will have stepped up to the podium and started
6:20 am
speaking. we'll be back with much more in the "newsroom." ♪ ♪ nothing says, "you're my #1 copilot," like a milk-bone biscuit. ♪ say it with milk-bone.
6:21 am
i can download anything i want. [ girl ] seriously? that's a lot of music. seriously. that's insane. and it's 15 bucks a month for the family. seriously? that's a lot of gold rope. seriously, that's a signature look. you don't have a signature look, honey. ♪ that's a signature look. [ male announcer ] only at&t brings you beats music. unlimited downloads for up to 5 accounts and 10 devices all for $14.99 a month. ♪
6:22 am
6:23 am
all for $14.99 a month. it says here that a woman's sex drive. increases at the age of 80. helps reduce the risk of heart disease. it seems that 80 is the new 18. grannies, bless your heart, you are bringing sexy back! eat up. keep heart-healthy. live long. for a healthy heart, eat the 100% natural whole grain goodness of post shredded wheat. doctors recommend it. . all right. this is a live picture of the white house obviously. president barack obama and the french president francois hollande are behind the flags. can you see them? this is a visit by the french president. they were shaking hands with people from around the baltimore washington area, mainly school
6:24 am
ki kids. in a few minutes we expect -- oh the president is going to the podium. he'll make a few remarks and then the french president will speak. let's take a listen., and then the french president will speak. let's take a listen. >> mr. president this conclude temperatures h-- concludes the honors. >> thank you.
6:25 am
>> good morning everybody. that's the extent of my french. few places in the world warm the heart like paris in the spring. this morning we're going to do our best with washington in the winter. [ speaking french ]
6:26 am
>> france is america's oldest ally. in recent years we deepened our alliance. today on behalf of the american people and michelle and myself, it is a great honor to welcome my friend, president hollande and his delegation for their first state visit to the united states, first by a french president in nearly 20 years. [ speaking french ] >> yesterday we reflected on the values we share. the ideals at the heart of our
6:27 am
alliance. here under the red, white, blue and the blue, white, red, we declare our devotion once more to life, liberty, and the pursuit of happiness. [ speaking french ] for more than two century, we have not only proclaimed our ideals, our citizens have bled to preserve them. from a field your town to the beaches of normandy to mountains of afghanistan. today we are honored to be
6:28 am
joined by two extraordinary men who were there those historic days 70 years ago. i asked them to stand. proud veterans here in attendance today. [ speaking french ] [ applause ] >> so it's no exaggeration that we stand here because of each other. we owe our freedom to each other. of course we americans also thank our french friends were so much else. this capital city designed, our
6:29 am
statue of liberty a gift from france, and something many americans are especially grateful for, new orleans and the french quarter. [ speaking french ] >> mr. president like generations before us, we now have the task not simply to preserve our enduring a alliance but to make it new for our time. no one nation can meet today's challenges alone or seize its opportunities. more nations must step up and meet the responsibilities of leadership, and that's what the united states and france are
6:30 am
doing together. [ speaking foreign language ] >> to our french friends, i say let's do even more together for the security that our citizens deserve, for the prosperity they seek and dignity people around the world seek what we did two centuries ago, unalienated rights, sacred rights of man. [ speaking foreign language ]
6:31 am
>> president hollande, members of the french delegation, we're honored to have you here as one of our strongest allies and closest friends. welcome to the united states. [ speaking french ] >> mr. president, president barack obama and michelle. it's cold in washington, you're right. it's a beautiful day, great day for american friends.
6:32 am
i will speak in french for my country. [ speaking in >> we have received here my delegation myself as friends. i am particularly touched by this reception by the president of the united states. [ speaking french ] >> we are always united with by a common history from your town to the beaches of normandy as
6:33 am
you said. each country owes to the other its freedom. [ speaking french ] >> yesterday we were at thomas jefferson's resident, a great american statesman, once ambassador to france who remains one of the most beautiful symbols of the ties that unites us. [ speaking french ] >> this afternoon at the arlington cemetery, i shall a
6:34 am
ward the highest french distinction to the american unknown soldier. i shall present the american veterans who fought in the second world war with an a ward. i'd like to pay tribute to these men. [ speaking french ] >> i wish to demonstrate the
6:35 am
fact france will never forget the spirit of sacrifice shown by these american soldiers, nameless heroes who left their homes to liberate my country and europe. we shall pay tribute to them during the sell celebrations in france to commemorate the 70th anniversary. i hope you will join me 70 years after d-day. >> we're going to step away. the french president continues his remarks to this beautiful crowd at the white house. what a beautiful setting. let's head to the white house. jim is standing nearby. nice speeches. i must be honest with you, they didn't say very much. >> reporter: this is a formal setting so they're not going to get too political. it is beautiful. it is frigid here in washington.
6:36 am
you could hear both leaders using the international language of weather. the president saying this is not springtime in paris. it's winter in washington. president hollande using english to say it's cold in washington. he's going to pay tribute to veterans and fallen soldiers from d-day and world war ii liberation of france. this goes to show you how deep and unbending the ties are between the united states and france or at least it seems that way this day and age. i was looking at a research center poll that came out in the last 24 hours. get this. americans have 59%, according to this poll, have a positive view of france. contrast that with 29% in 2003 when there was the disagreement between the united states and france over the war. this long relationship and long friendship between the united
6:37 am
states and france has persevered and made it through that period. a lot of that is on display here at the white house on a very beautiful, but very, very cold day here in the nation's capital. >> looks so nice and sunny on television. i know it's bitterly cold. jim, many thanks to you. we're going to take a break and we'll be back with much more in the newsroom.
6:38 am
6:39 am
6:40 am
6:41 am
here we go again. schools close, store shelves picked clean, more than a thousand flielths cancelled. litsz than two weeks after the winder storm paralyzed atlanta, more waves of snow, sleet, freezing rain are hitting the southeast this morning. officials warn the amount could be quote catastrophic. nick is live here in atlanta. catastrophic? >> reporter: we're hearing words like historic, epic. it's a mess. the headline says it all. here we go again. the southeast directly in the path of a double dose of severe weather. i don't have to tell you. we all saw what happened last time. you at home saw it. we in atlanta saw it. officials here are pulling out stops to make sure that doesn't happen again. southerners on alert this morning stocking up on supplies as a major winter storm is expected to wallop the region this week. >> this time it is a mixture of
6:42 am
ice and some snow. widespread freezing rain. the potential for an ice storm. >> we do know it's going to hit and be significant. >> the governor gives advance warning before the wintery weather moves in. >> we're getting ready. trucks are coming here now. workers are coming here now. >> reporter: officials are trying to stay ahead of the storm. this gridlock nightmare caught them by surprise a couple of weeks ago. >> we've been confronted with an unexpected tomorrow. >> reporter: this horning, oklahoma, arkansas and tennessee are expected to see a wintery mix of snow, sleet, freezing rain. this mess then making its way down to alabama, georgia and the carolinas. snow made for dangerous driving conditions in pennsylvania on sunday. this tour bus crashing on the highway, state police say the driver accelerated too fast on the snow covered road and lost control. nearly 30 injured, at least one in serious condition.
6:43 am
this storm pushing its way over from the west where freezing rain, snow, high winds lashed out at washington and oregon, freezing drivers in their tracks. in northern california heavy rains triggered mud and rock slides. isolated flooding blocked some roads. >> reporter: back here live in atlanta. the rain has started to pick up. what's happening now carol, it's nothing compared to what meteorologists are predicting for later. more r snow and ice that's going to be a big problem. this could last all week. carol? >> i'm prepared although i didn't go to the grocery store. i probably don't have enough toilet paper. poor me. nick, thank you very much. >> you got it. let's bring in indra peterson for the latest. >> i believe you 100%. hit me. >> here's the thing. everyone keeps throwing out the word catastrophic.
6:44 am
the reason is because of the amount of ice. a different picture. places in georgia could see half an inch of ice. it could bring down power lines and knock down trees. the big take away, everyone pay attention. the wave today is the first wave. the second wave will be the strongest. historical and catastrophic ice storm in the south. dc, over five inches of snow. some models bring over a foot of snow in the north east. this is the concern, a lot of ice and snow going towards the atlantic. freezing rain this morning in birmingham and atlanta. temperatures warm to the south and below freezing to the north. it's a tricky forecast how much snow and ice you're going to be getting.
6:45 am
here's the first wave moving through now. it exits offshore tonight. it's the second system. don't forget and underestimate the second system moving through tomorrow. lasts throughout the entire day. once that low forms it moves up the coastline. there you go wednesday through thursday. no longer is it a southeast problem, it's northeast into the mid atlantic. around thursday morning, around midnight it moves to new york city. throughout the day you start to get the heavy snow. here's the thing. it's about where the low goes. closer to the coastline, heavy snow northeast. so many factors to track here. that's the storm the next several days. tracking the ice and snowstorm. thank you carol. >> thank you very much indra peterson. i've got to take a break and i'll be back with much more in the newsroom. [ male announcer ] she won't remember this,
6:46 am
being carried in your arms... but after a morning spent in the caribbean, playing pirates with you in secret coves, an afternoon swimming with dolphins, finished with a movie watched against the setting sun... she won't exactly be short on memories. princess cruises, come back new. ♪
6:47 am
princess cruises, come back new. ameriprise asked people a simple question: in retirement, will you outlive your money? uhhh. no, that can't happen. that's the thing, you don't know how long it has to last. everyone has retirement questions. so ameriprise created the exclusive.. confident retirement approach. now you and your ameripise advisor can get the real answers you need. well, knowing gives you confidence. start building your confident retirement today.
6:48 am
i've quit for 75 days. 15 days, but not in a row. for the first time, you can use nicorette... even if you slip up... so you can reach your goal. [ male announcer ] now, quit on your own terms with nicorette or nicoderm cq.
6:49 am
now let's return to jacksonville, florida in what could be a pivotal day in the so called loud music murder trial. michael dunn claims he fired in self-defense and killed a teenager and could take the stand. elena court was supposed to get underway at 9:00 and been in recess quite a while now. what's the holdup? >> reporter: the jury was supposed to be brought in the courtroom at 9:00 to start listening to testimony. that was delayed because both sides were discussing whether to
6:50 am
listen to testimony from a family therapist, marriage counselor. they were going to present his testimony as an expert a cute stress syndrome, a cute stress response. no decision has been made. they are in court now continuing to discuss whether to allow this testimony. the jury is waiting for what would be what is expected to be . . . >> reporter: it was an emotional day in court as jurors saw autopsy photos and the blood-stained clothes warn by 17-year-old jordan davis when he was shot and died. the final witness, a former associate medical examiner who detailed the path that killed the teenager in 2012. >> over here, it perforated the right lung and continued on behind the heart and in front of the spinal column pref for rate the a tore ta. >> michael dunn opened fire,
6:51 am
they say on davis and three friends during an argument over loud music. dunn claims he fired the shots in self-selves. investigators did not find a gun. in her testimony, the medical examiner said, the evidence sho shows that davis was leaning away from the door and not toward dunn during the shooting. ronald davis, the boy's father, talked about the emotional visit he had with the teens. >> the boys were so sorry that my son was killed. >> dunn's family and friends described the software developer as a mild and kind hearted man. >> are you aware of mr. dunn's reputation for peacefulness. >> very nice guy. >> never have i observed anything other than a very calm demeanor. >> i have always thought he was a gentle man. >> it is unclear if dunn will take the stand.
6:52 am
an attorney representing the davis family believes he will testify. >> he is the only one that can testify there was a gun. he is the only one that can put it there. the only one that says he saw it is michael dunn. >> during this hearing, we have learned that the defense is planning on calling michael dunn to the stand to testify. we are continuing to wait to see if the judge will allow this expert to testify. >> thanks so much. the attorney for trayvon martin's family, benjamin crump, is here to talk more about this case. he is live in tallahassee, florida. >> you have had experience with florida stand your ground law. is this the right defense for mr. dunn? >> well, carol, neither can
6:53 am
predict what they want to do. we predicted that every tom, dick, and harry would say stand your ground when they killed somebody. in trayvon, a hoodie on. in jordan, it was loud music. a minority kid winks at me, i feel threatened. i kill him. stand your ground. we got to stop this. even though they are saying jordan davis, like trayvon, stand your ground is an accepted defense. the instruction is read to the jury and it is very confusing. they say he had a right to stand his ground. we all have to deal with this stand your ground law. >> george zimmerman's attorney says this is not like the zimmerman's case. we had physical evidence of an extended fight. in the dunn case, we have none of that. does mr. o'mara have a point. >> i think in these two tragedies, there air lot of
6:54 am
similarities and distinguishable aspects. both trayvon and jordan, 17-year-old, both african-americans, both parents are being put through hell trying to get justice holding the killer's responsibility for taking their child's lives but the big difference is, you have live witnesses in this case. in trayvon's case, you just had to take his killer's word because he was the only one left. all the witnesses had been killed. trayvon wasn't there to tell his side of the story. in both of the tragedy, the killers, if they would have stayed in their cars, it would all have been avoided. that's the thing that's so troubling for so many people in america specially parents of young, black males. >> many experts say mr. dunn
6:55 am
does have to take the stand even though there were witnesses. the witnesses didn't see exactly what transpired between the cars. they were parked very close together. in your estimation, does mr. dunn need to take the stand. >> carol, there is a saying amongst lawyers in a self-defense case that if you have a chance to walk, you have to take the stand and talk. it is going to be a strategy that him and his representatives have to make. i agree there is nobody who has put definitively into evidence that he saw a gun. i believe he is the only one that can say that. i think attorney philips represented jordan's family and is correct on that point. he has to take the stand on it. if not, it is going to be very hard to say it was self-defense when they don't have anybody to
6:56 am
actually assert self defense. >> benjamin crump, thanks so much for your insight. trayvon's parents wish to send their prayers to jordan davis and his family. rything. an expert ford technician knows your car's health depends on a full, complete checkup. the works. because when it comes to feeling safe behind the wheel, going the distance and saving at the pump you want it all. get our multi-point inspection with a a synthetic blend oil change, tire rotation, brake inspection and more for $29.95 or less. get a complete vehicle checkup. only at your ford dealer. i've quit for 75 days. 15 days, but not in a row. for the first time, you can use nicorette... even if you slip up... so you can reach your goal. [ male announcer ] now, quit on your own terms with nicorette or nicoderm cq. [ male announcer ] now, quit on your own terms
6:57 am
hot breakfast options. hampton, enjoy our free you did a great job. it looks good! then fuel up with up to 9,000 hhonors bonus points on a long weekend stay. make every stay more rewarding and feel the hamptonality. bob will retire when he's 153, which would be fine if bob were a vampire. but he's not. ♪ he's an architect with two kids and a mortgage. luckily, he found someone
6:58 am
who gave him a fresh perspective on his portfolio. and with some planning and effort, hopefully bob can retire at a more appropriate age. it's not rocket science. it's just common sense. from td ameritrade.
6:59 am
7:00 am
good morning. i'm carol costello. this just in to cnn. we are learning the house gop will abandon it's current debt bill and vote on a clean one tomorrow. in other words, it will vote to raise the debt ceiling, to strings attached. political director, mark preston, is in washington. this is a big deal. >> it is a huge deal right now. of course, we want to see what the markets and how they will react to this news now coming just now out of washington. what we've learned is that the house republican leadership has agreed to move forward and do a clean vote on increasing the debt ceiling. what does that mean? it means that, in fact, we will not have any political gamemanship between republicans and the government to pay the bills. they said, by the end of the month, had the federal government not increased its spending power, we would start
7:01 am
to begin defaulting. republicans had been trying to find some way to offset the increasing of this debt limit by doing some things to increase spending on some levels. they were unable to do it. what they have decided to do is put this off until after the election. >> is this a victory for house speaker, john boehner. did he beat the more conservative elements in his party. >> i just got off the phone with a house republican that told me they needed to do their. they couldn't allow this issue to define them at this point, specially as we are headed into campaign season. what they want to see is they want to see the republicans take back the united states senate. they think they are going to be in a better position after the election to force some spending cuts upon democrats, specially if republicans are able to control the house of
7:02 am
representatives as well as the united states senate. in many ways, republicans are in a very good position to control congress after the november elections, of course. president obama will still control the white house. of course, we'll have very much if that happens. >> mark preston with breaking news out of washington, d.c. breaking news in jacksonville, florida. michael dunn, the man accused of killing a teenager, he says it was self-defense. he is standing now in court ready to take the oath. he is going to testify in his own defense. let's head to jacksonville to check in with ashleigh banfield. kind of surprised? >> reporter: no. actually, not at all. this is a really great moment. this is when the judge asks him, are you absolutely sure you know what you are doing. >> you don't have to present or prove anything. the state has the entire burden of proving the case against you. so you understand that? >> yes. >> you can become a witness if you wish. if you do, then you will be
7:03 am
treated like any other witness. meaning you will be put on the witness stand. you will be examined by mr. strola on direct and cross examined by one of the assistant attorneys just like the other witnesses. do you understand that? >> yes, sir. >> i don't need to know the discussions between you planned strola but experience tells me that there are many occasions where a lawyer might say to their client, you know, i really think you need to testify in this case. the client might feel difrnl. there are occasions where a client would say, i want to testify in my case and the lawyer says, i don't think that's a good idea. there may be occasions when both of you are on the same wage, to testify or not to testify. regardless of what mr. strola's advice or counsel has been, do you understand that taking the witness stand is completely your choice?
7:04 am
it is an independent decision you make on your own? >> yes, i do. >> you make it with advice from family, friends, mr. strola, whomever, ultimately, it is your choice to decide one way or the other? what i am told us that you have made the decision to wave your right to remain silent and become a witness in the case. you are making this decision to become a witness in the case independently of your own free will. >> you are making that decision freely and voluntarily? >> yes. >> nobody has threatened or coerced you or anything like that to get you to wave your right to remain silent? >> yes. >> any further inquiry from the state? >> just before we do that, mr. dunn, have a seat.
7:05 am
what we'll do is when we bring the jury back in, i'll ask mr. stroala if he is ready to proceed. i will say yes. i will say call your next witness. you will come up. i will have you raise your hand i want it to look exactly the same. you come up, have you raise your hand. the clerk will administer the oath. you come around and have a seat and off we go. >> does the state have any objection to him being over here already? >> yes, sir. >> do you want him already under oath or to stand up over there and be sworn?
7:06 am
>> i don't want the jury to infer that he is a -- i think this will look like predesh trial proceedings. >> what i'll do if you want, when we are finished with his testimony, we can take a break and he can get off the stand. >> that will be great, sir. >> your other matter. >> they have filed a motion with the trial beforehand. i wanted to address that in some respects. i think mr. strola and i may be in agreement. >> we are going to step away from this and bring back in ashleigh banfield. you heard what the judge said. it was interested that mr. dunn has a leg brace. did you know that? >> reporter: i did not know that. it is hard to make that out. there are a couple of really key
7:07 am
things that happened just before we went to that live. let me get you up to speed on why this is so critical. he is going to testify. we all came to the conclusion that if he doesn't, this thing is over. there has been so little, if any, evidence that's been presented that shows that he was in fear of his life or great bodily injury. that's why he had to open fire on a carload of teenagers. he is going to be the one to describe to this jury what was going on inside his head and why he was so afraid. what about the jury buying that? >> you need an expert to talk about why you behave a certain way and why he would think to drive off and go to a hotel and order pizza and have a rum and coke and not call police. that expert that this defense attorney wants to put on the stand has been shot down. that judge is not going to allow it. the state said no. they had reservations about the quality an the ability of this expert to actually be relevant in this particular case, the
7:08 am
brac groun background, history and precedent of this expert. michael dunn is going to be the only one to describe why michael dunn did what he did. he is going to have to be the only one to explain why it was significant and explain away why he did the things he did without the benefit an the bull string of an expert to get inside his head and help the jurors believe what he was saying. >> if the expert you were talking about was dr. john abruso, he was going to talk about accuse stress disorder. this is a relatively new disorder that hasn't been used in court many times. we await the testimony of michael dunn. i am going to take a break and maybe he will be on the stand. we'll be back. [ female announcer ] you know the little song he'll hum
7:09 am
as he gets dressed... you know the shirt he'll choose... the wine he'll order. you know him. yet now, after exploring vineyards in the hills of italy, he doesn't order the wine he always orders. he asks to be surprised... and for that moment, he's new to you. princess cruises, come back new. ♪ open to innovation. open to ambition. open to bold ideas. that's why new york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and grows more businesses... we're open to it.
7:10 am
start a tax-free business at startup-ny.com. starts with freshly-made pasta, and 100% real cheddar cheese. but what makes stouffer's mac n' cheese best of all. that moment you enjoy it at home. stouffer's. made with care for you or your family. [ chainsaw whirring ] humans -- sometimes life trips us up. sometimes we trip ourselves up. and although the mistakes may seem to just keep coming at you, so do the solutions. like multi-policy discounts from liberty mutual insurance. save up to 10% just for combining your auto and home insurance. call liberty mutual insurance at... [ thump ] to speak with an insurance expert and ask about all the personalized savings available for when you get married, move into a new house, or add a car to your policy. personalized coverage and savings.
7:11 am
all the things humans need to make our world a little less imperfect. call... and ask about all the ways you could save. liberty mutual insurance. responsibility. what's your policy?
7:12 am
we've been covering this trial out of jacksonville, florida, the loud music trial. michael dunn has been accused of killing a teenager. he says it was self-defense. it happens after or during an argument over loud music. i want to bring in ryan claypool and joey jackson. michael dunn is going to testify. before he takes the stand, the lawyers are talking a lot to the judge, joey. what are their concerns? >> there are a number of
7:13 am
concerns. what you want to do. in court, there are some things called motions in lem min nay. you want to preclude certain evidences and introduce certain evidence. there needs to be limits -- there doesn't need to be limits but from a defense perspective, you want to be able to say, he should be able to testify about some things and not as others. i did hear the judge talk about the thug music and that will play huge. in cross-examination, that should be a doozy. when the prosecution gets to him, they are going to make a lot of headway in my view on that issue. beforehand, he was talking about thug music. he has to explain that, carol. >> brian, just to expound, mr. dunn's fiancee took the stand. when they pulled him to that gas station and heard the loud music, he supposedly said to her, i hate that thug music and then she went into the gas station to get a bottle of wine.
7:14 am
there are also letters that mr. dunn wrote to his family from jail where he talked more about thug culture and thug music and how people had already made up their mind about him, because he was a white man. the teenager killed was a black kid. >> carol, that's right. i think the letters that mr. dunn wrote from jail might come in on the rebuttal case. if dunn takes the stand and says, i was in reasonable fear for my life. the prosecution is going to want to take the position that this was a racially motivated killing. the fact that dunn's lawyer was trying to get in this expert witness on acute stress syndrome, i think, might have been an angle to not have dunn testify. if the expert would have been able to come in and testify, what dunn was experiencing, the trauma he was experiencing, to try to show he was in reasonable
7:15 am
fear and that here is how he reacted to this situation, that might have then usurped the having dunn have to come in to testify. that was a huge loss for the defense. >> we're still awaiting michael dunn to take the stand. i want to move on to a breaking story we have out of chicago. what's happening today? today, chris christie heads to chicago where embattled new jersey governor -- where the embattled new jersey governor will participate in a series of fund-raisers and a speech at the economic club of chicago. our chief congressional correspondent, dana bash, is there. what do you have for us? >> reporter: well, what's going to be fascinating is to see how chris christie handles first and foremost what is going to be the first time he has had a real public appearance since this whole scandal broke. that's what's going to happen in a couple of hours at the economic club. it is going to be an audience of over 1,000 people, the movers and shakers in the chicago business community. how he handles that again
7:16 am
publicly. the questions he might get about the issues we have been focused on will be fascinating. the other big thing he is doing, probably the big reason he is in chicago is to raise money for the other job that he has, which is the chairman of the republican governor's association. the rga is telling us last month in january, he was responsible for raising $6 million, which they say is a one month record. this is told to us as you know, carol, you can imagine why, to underscore the fact that they believe he is not damaged by the scandal for doing the job he has to do as rga chair, which is to raise money for all the gubernatorial candidates around the country. he is also against a lot of democratic criticism, ads that say he is a pariah.
7:17 am
it is true we had no public events we saw with the governor in florida when christie was there, with the candidates and officials in texas where he was last week but in terms of this state and this visit here to illinois, it might not be the case. the governor here is a democrat. the candidates to replace him have not yet had their primary, the republican primary. i am told it is possible that at least a couple of those candidates might show up at this economic club meeting, which is a public meeting today. >> we'll check back. dana bash reporting live from chicago. we're going to take a break and be right back with much more in the "newsroom."
7:18 am
discover card. hey! so i'm looking at my bill, and my fico® credit score's on here. yeah, you've got our discover it card, so you get your fico® score on your monthly statements now, for free! that's nice of you! it's a great way to stay on top of your credit, and make sure things look the way they should. awesomesauce! huh! my twin sister always says that. wait...lisa? julie?! you sound really different on the phone. do i sound pleasant? for once in your life you sound very pleasant. at discover, we treat you like you'd treat you. free fico® credit score. get the it card at discover.com. as he gets dressed... you know the shirt he'll choose... the wine he'll order. you know him. yet now, after exploring vineyards in the hills of italy, he doesn't order the wine he always orders. he asks to be surprised... and for that moment, he's new to you.
7:19 am
princess cruises, come back new. ♪ but when we start worrying about tomorrow, we miss out on the things that matter today. ♪ at axa, we offer advice and help you break down your insurance goals into small, manageable steps. because when you plan for tomorrow, it helps you live for today. can we help you take a small step? for advice, retirement, and life insurance, connect with axa.
7:20 am
7:21 am
checking our top stories at 20 minutes past the hour. at least 11 are dead after an attack on an adult movie theater in pakistan. they happened in the northwest city of peshawar. at least 18 were injured. two in critical condition. theatre had received security threats in recent weeks. no group or individual has claimed responsibility for the attack. remarkable new security video of a u.s. military raid against alleged terror suspects, anas alibi. this video published by "the washington post" shows u.s. commandos descending on the target and capturing him from outside of his home. the capture took place in libya in october. he is being held in new york and
7:22 am
accused of the deadly bombing of two u.s. embassies in africa schools closed, store shelves picked clean and states of emergency throughout the southern states. within two weeks after a winter storm paralyzed atlanta, more snow and sleet and freezing rain are going to hit the southeast. by tomorrow morning, ice conditions could be, quote, catastrophic. the new ceo of general motors is getting a raise. $14.4 million to be exact. last week, critics slammed the auto giant for paying mary berra less than the former ceo, jan erickson. that prompted them to release her total compensation for 2014, which turns out to be 60% more than what her predecessor made. she is the first woman to lead a major automaker. >> if you are one of the 350 people invited to tonight's state dinner, you can expect
7:23 am
this winter garden salad made like in a terrarium. the french president is going to have dinner with president obama and the first lady. earlier, there was a beautiful ceremony welcoming the french president. >> with the state visit of french president, francois ulon, president obama is doing more than toasting his arrival. they were off to monticello and a joke there would be no returns on whatever he purchased. >> today, we north demanding anything. back at the white house, staff members were showing off preparations for the upcoming state dinner. from the elaborate place settings to eye-popping samples. with the french in town, the pressure is on the white house chefs. including a meal with caviar,
7:24 am
quail eggs, dry aged beef and chocolate ganache for desert. the guests will be gathered under a heated tent on the south lawn of the white house, an event too big to hold inside, specially with mary j. blige providing the entertainment. among the finishing touches, just where to sit the french president whose public split with his long-time girlfriend means he is flying solo at the state dinner. >> i am sure they will have an imaginative way to do the seating that is absolutely appropriate. >> i thought this was an appropriate way to start the visit. >> reporter: they are saying the two leaders have plenty on their diplomatic plates. with european concerns about u.s. surveillance activity, the civil war in syria and the effort to contain iran's program. >> we have a broad and deep relationship with our oldest ally and there will be many
7:25 am
issues the two leaders will discuss. >> that was jim acosta reporting. we will be back with much more from florida in a moment. nounce] a classic macaroni & cheese from stouffer's starts with freshly-made pasta, and 100% real cheddar cheese. but what makes stouffer's mac n' cheese best of all. that moment you enjoy it at home. stouffer's. made with care for you or your family. and better is so easy withrning you cabenefiber.o something better for yourself. fiber that's taste-free, grit-free and dissolves completely.
7:26 am
so you can feel free to add it to anything. and feel better about doing it. better it with benefiber. turn to roc® retinol correxion®. one week, fine lines appear to fade. one month, deep wrinkles look smoother. after one year, skin looks ageless. high performance skincare™ only from roc®. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around, barry ♪ i finally found the right snack ♪ [ female announcer ] fiber one.
7:27 am
7:28 am
back to jacksonville, florida. this is michael dunn, the man accused of killing a black teenager, he says, in self-defense. he has taken the stan. let's listen. >> any type of physical work or manual labor or anything like that? >> no, unfortunately, i had a motorcycle accident as a young man and i am fairly saedentary. >> based on that motorcycle, did you sustain pretty good
7:29 am
injuries? >> yes, to my low back. >> was that with your now ex-wife, phillies? >> yes, christopher's mom when she and i were both teenagers. >> to fast forward a little bit, do you still have the recollection of the week and the week end of november 23rd, 2012? >> absolutely. >> can you tell the jury prior to coming to jacksonville -- let me ask you this. why did you come to jacksonville that thanks giving weekend? >> for my son's wedding, specifically. >> that was chris dunn? >> yes, sir. >> did you make any arrangements with miss rower? >> well, we came together. >> but did you make arrangements for the whole weekend? >> oh absolutely. we were going to be up thursday night to attend the wedding friday and then friday night, we were going to -- i'm saying it wrong. we were going to stay in town
7:30 am
two nights. saturday night, we were going to be in st. augustine at a bed and breakfast that was also pelt friendly. >> you just mentioned pet friendly. did you choose a hotel in jacksonville for that reason? >> yeah. we found a website that liliste all the ped friendly hotels. the wedding was in orange park but we found a hotel that was a little far away because it was pet friendly. >> is it safe to assume that was probably the closest one to the wedding area where everybody lived? >> yes, it was. >> how old was your puppy? >> seven months old. >> that was at the time in 2012? >> yes. >> and did you purchase that puppy? did you adopt it? was it you and miss rower's decision to get a dog together? >> yeah. it was our decision together and we purchased it. >> how long had you been with miss rower?
7:31 am
>> at that time, 3 1/2, 4 years. may of '08 when we started going out. >> duff a serious relationship with her. >> absolutely. she is my fiancee. >> were you living with her at the time? >> yes, we were. >> how long were you living together? >> if we were together 3 1/2 years, we were i have will go for 3 of those. so we dated about six months before things got serious. >> where was this -- i guess we will call it a premarital home. where were you living at that time? you don't have to give me any type of address. what area? >> south patrick shores, commonly referred to as satellite beach. >> did you live there the entire three years together? >> no, we did not. >> when did you move there? >> we had been there almost -- i
7:32 am
think we had just renewed our year lease. so we were coming up on our second year there. >> how would you characterize satellite beach? >> small beach community. >> friendly neighborhoods? >> very much so. with he were just south of patrick air force base. so we had young people in the area, surfers, an eclectic group, retirees. it was a nice community. >> and even, i believe, correct me if i'm wrong, you lived close to the beach? >> we were on the beach. our backyard and then there was a do you know a a dune and then a beach. >> was that beach pet friendly and accessible to animals? >> yes, it was. >> was that one of the reasons you guys decided to get a dog together? >> all the neighbors, quite a few of the neighbors in our area, if you will, it was like eight different townhouses. most of them had pets and that
7:33 am
was kind of what prompted us to get one. >> this was a small subdivision. you said there was about eight condo units, townhouse units? >> yes. >> and when you drove up to jacksonville, did you make arrangements to take care of the dog? did you bring supplies for the dog, things like that? >> yes, we did. we brought crate, food, things like that specifically for him. >> do you have children? >> they are all grown. >> does miss rower have children? >> yes. they are all grown as well. >> was this dog kind of your guys' child? >> yes. >> what was his name? >> his name is charlie. >> obviously, you were close with charlie even after seven months with him?
7:34 am
>> yeah. if i worked from home, of course, he was with me. even when i would go into the office, i would take him. >> what kind of dog was charlie? >> a french bulldog. >> what size? >> he is very small. at seven months old, he was maybe 15 pounds. i think he is pushing 25, 30 now. >> did you guys have any issues coming up to jacksonville, driving up and checking into the hotel? >> none at all. >> at some point, did you bring alcohol with you into the hotel with miss rower? >> yes, we did. we brought our own, quote, unquote, supplies. >> obviously, going to a hotel, even if you are going to the bar can be quite expensive. >> that and it was a holiday weekend. everything was going to be closed. >> do you and miss rower enjoy adult beverages while you have dinner, watch tv, things like
7:35 am
that? >> yes, we do. >> obviously, we heard some discussions about you. where did you grow up? >> in the florida keys. >> comparing yourself drinking growing up as a teenager to the keys to now, a little bit different? >> very much so. >> do you hold a pilot's license? >> yes, i do. >> how long have you had a pilot's license? >> since 2005. >> how would it affect your pilot's license if you had too much to drink or got in trouble for drinking? >> they will revoke your license. >> we kind of heard some of your family friends and your parents' neighbors testify. did you get your pilot's license to kind of be in part of that group? >> yes. >> how often did you go and spend weekends and nights at your dad's house for the planes? >> every weekend. every saturday and sometimes saturday and sunday. >> would you go there during the week at night to help your dad
7:36 am
work on the plane, help neighbors work together? >> yeah. dad usually hosted dinner parties just informal get-togethers and so we would come by there to enjoy time with them. >> would that also include holidays? would the community get together for holidays even? it is a fairly tight-knit group. if they weren't at mom and dad's house ther house, they would be at somebody else's house but it was the same crowd of people going from house to house. >> the day of your son's wedding, did you wake up and pour any drinks? >> no, we did not. >> prior to driving over there, did you pour yourself a drink? >> no. >> had miss rower, your fiancee, ever met that kind of side of your side, your ex-wife, her in-laws? >> she hadn't met anybody but she had seen pictures of christopher, things like that but hadn't met him in person.
7:37 am
>> kind of a nervous experience. >> i was going to add, she was very apprehensive of meeting them. >> was that because of how she thought she would be received? >> exactly. she was worried about that. >> any issues at the wedding? did anybody have any apprehension with welcoming miss rower as your fiancee? >> no. they made her feel very welcome. >> you heard your ex-wife testify. >> yes, i did. >> that was phyllis molenaar. >> same thing, same type of question, any animosity from them? >> towards me? >> yes. >> no, everybody was happy to see me. i was happy to see everybody. it was a nice time. >> at any point in that evening, did you have an alcoholic beverage? >> yes, i did. >> how many do you recall having? >> not many. they were small. so if i had a couple, it was --
7:38 am
i would say rhonda's characterization of three to four is probably accurate. >> again, we kind of see the little small styrofoam cups in here today? >> it is like a half a drink. >> would that be accurate as to the cups at the wedding? >> absolutely. >> did you hear me ask them, wa it a solo cup. do you know what a solo cup is? >> yes, i do. >> would those be significantly larger than what they had at the wedding? >> absolutely. >> did you bring any of your own supplies in your pocket, a flask, or anything? >> absolutely not. we were there to meet, to be respectful to the wedding, not to partake as it were. >> were you also going to the bar to get rhonda drinks? >> yes, i was. >> apparently, does miss rower like white wine? >> she prefers white over red. >> did they have any white wine at the wedding? >> no, they did not. >> so were you going to get her
7:39 am
drinks of rum and cokes, the same thing you had been drinking that evening? >> yes, i was. >> if he effects of that alcohol at all in you? >> no. i would have a small glass and then i would do a water. plus, we were eating. >> did they have appetizers, on tray, main course, things like that they had a full buffet. full-on dinner. >> did you eat the buffet? >> yes, i did. >> did you ever go back for seconds? >> i think i did. >> at that time, were you working out or anything like that, any type of physical fitness? >> i'm sorry to say no. >> was that a topic of you and your fiancee? >> yes, it was. >> did she kind of make fun of you? >> she was exercising and working out at the time trying
7:40 am
to get me to do it with her. >> now, at some point, did you have conversations with family and friends there at the wedding? >> absolutely. >> again, when you walked out and you left, can you tell the jury why you left your son's wedding? >> well, we left early. i apologized for leaving early but i had warned them ahead of time that we were going to have to take off about 7:00, because charlie was in the room by himself in a crate and he was going to need a potty break. how far away was the wedding from the hotel that you were at that was pet friendly, drive time? >> roughly, a half hour, 30-40 minutes. >> again, there was some discussion earlier about you had lived in jacksonville how many years ago? >> 1995. so what's that? almost 15 years. is that right? >> are you familiar? did you memorize jacksonville?
7:41 am
did you know where you were when you came back up? >> some things were familiar. the 295 loop was. i seemed to recall nas was west on that somehow but i had stayed at my brother-in-law's apartment when i was here during the week. >> did you ever take up residence or have your own house? >> no, i just stayed with him. >> that was with don maze? >> yes. when i first met don, we both worked for the megacenter. >> what were you doing for the navy then? >> we were working on a huge multimillion-dollar system. >> now, at some point when you left the wedding and you were driving back to the hotel, whose idea was it to stop at the gas station? >> rhonda wanted to get a bottle of white wine. >> that's because they didn't have white wine at the wedding. >> correct. >> she was planning on picking up a bag of chips? >> yes, she was.
7:42 am
>> did she eat at the wedding? >> not very much. she picked around her plate more than ate. >> at that point, why did you pick that gas station, any reason at all? >> it was on the way. we got off the highway and i was following my gps map, not really knowing where we were at. it was the first place we saw. >> as you get off the highway, gps just said get off this exit. you didn't punch in convenience store? >> no, we just punched in our destination. >> like you said, this was the first place you passed? >> yes, it was. >> do you recall looking back on it now how far away the hotel was from that gas station? >> it wasn't very far. i heard testimony it was like 3 miles away. that seems about right. >> was there a lot of traffic that evening.
7:43 am
was it bumper to bumper? jacksonville is famous for rush-hour traffic. was this rush-hour. >> 7:30 in the evening. i don't think that qualifies as rush-hour. i don't recall any heavy or light. it just was normal traffic to me. >> now, when you pull in, how do you end up finding that spot? >> it was the closest spot to the door that was open. >> why did you take that spot? >> so we didn't have far to walk to the door. >> you knew miss rouer was going to get out and go buy wine and chips? >> yes, that's correct. that was our purpose. >> miss rouer's door would have been closest to that sidewalk, right, to walk in the door? >> yes, it was. >> so it would have been the closest even for her to go in the store? >> that's correct. >> at some point, did you hear loud, thumping base? >> yes, i did. >> can you tell the jury what did you see or hear when you
7:44 am
pulled into that spot? >> when i pulled into the spot, there was a red suv in the adjacent area, adjacent parking spot. >> do you recall if there were other spots available? >> i don't recall. i think there were some very far away, like extreme left but nothing -- there wasn't anything right on the other side of the suv. it was take this spot next to the door or take the spots that were way far away. >> again, you knew at that point, you were going there to let your fiancee out to go get chips and wine. >> right. just in and out. >> du >>. >> did you have that discussion before you pulled in the gas station? >> i knew she was getting wine. the chips were a surprise.
7:45 am
>> in terms of this music, would you characterize it as music or just loud base thumping? >> i just heard the thumping. >> there was some testimony about you heard miss rouer, oh, i hate that thug music. >> yes. >> was that because you could hear the lyrics or because the base was so loud? >> just base. >> do you recall when you were parking there how soon miss rouer got out of the car? it did you sit there and have any type of conversation? >> no. our conversation was her holding out her hand for some money and me giving her a kiss, hurry back. >> so, basically, is it fair to say it took a few seconds before you put the car in park and she was out of the vehicle? >> that's correct. >> she have any issues walking into the store? >> no. >> at that point, did you have any physical sensations about
7:46 am
this thumping base. >> it actually started a few seconds after she went in the store. >> there was music but then it got really loud. >> by really loud, was it just kind of annoying or was your rear windshield. >> body panels on the suv were rattling, my rear-view mirror was shaking. my eardrums were vibrating. it was ridiculously loud music. >> in satellite beach, you said there were young people and surfers. have you been in an instant where people have their music or their base loud? >> yes, at gas stations, if you pull up and the guy right across the island from you has a jeep or whatever, their cars tend to be open. i have had, you know -- i have asked people to turn it down before. they do it happily.
7:47 am
>> does it make you angry that people have their base or music loud? >> no, not at all. >> have you ever had or in your experiences when you have asked someone, hey, could you please turn it down, have you ever been threatened or cursed at back? >> never. >> when they do turn it down, what is your response? >> thank you. >> that night, did you ask the guys in the red suv to turn down that base? >> i did. i said, can you turn that down, please? >> did you say anything like, i can't hear myself think. if i did, it wasn't to them. it was kind of like a mutt ter to myself. >> do you even recall making that statement out loud? >> i do not. >> when you said, could you turn that music down, please? >> what was the response from the red suv. >> they turned it off. if the music wasn't off, at least the base stopped completely. >> at that point, what did you
7:48 am
then say? >> i said thank you. >> did you give any kind of hand signal or wave or anything like that? >> i did not. >> were the windows up in the red suv at least in the front passenger. >> i looked to my left when i asked to turn the music down and i saw the front windows were up. >> were they tinted? >> heavily. >> cow see anybo could you see anybody who was behind there? >> no. >> how about when you asked the question, were you looking around or did you just direct it to the guy sitting next to your car? >> i just turned a little bit to the left. i only saw the front. >> duff to lower the window to get their attention? >> i put my window down, because who is going to hear you when the window is up, and turned to my left and said, could you turn that down, please? >> was that red suv front passenger door right to your left? >> correct. >> was it exactly to your left? >> it was even with me, right next to me. >> when you said thank you, did
7:49 am
you make any motions or did you just say thank you? >> when i said thank you, i turned around looked left again. that's when i saw the rear area of the suv where the windows were down. >> did anybody say anything back to you in your response of saying thank you? >> no. >> how soon after -- well, let me ask you this. once you said thank you, did you put your window back up or was it already up? >> i did. i turned my head, i said thank you. i looked back straight ahead and put my window back up. >> how soon after that did anything else happen other than that kind of moment of silence we just talked about? >> very soon after, i start hearing things like "f" him and "f" that and -- >> were they actually saying the word or are you paraphrasing? >> i'm paraphrasing. >> was it in a nice tone? >> no. it was mean-spirited, just like
7:50 am
annoyed, if you will. >> once you heard these comments, did you look back over and react at all? >> not even a little bit. >> did you roll your window down and say anything? >> no, i did not. >> did it make you angry? >> no, it did not. >> did you punch your steering wheel? >> no. >> did you throw your phone down? >> no, no reaction at all. >> at that point, after you don't react at all, does it escalate? >> well, the music came back on. >> did the music come back on the same or louder? >> probably a little bit less loud than it was but it came back on. >> was it still that base thump? >> yes, absolutely. >> are you familiar with how radios work with trebles and vocals and things like that? >> yes, i am. >> at that point, is there a difference between music and lyrics versus that thumping base? >> the only thing that was coming through was base. thumping base. >> we talked a little bit about
7:51 am
your window was shaking. do you have any type of ear damage? >> i do. >> can you explain to the jury what damage you have and how you got that? >> growing up in the keys, scuba diving is a big part of life and i actually have damage to my right ear. i don't know what the percentage is but i do have a loss of hearing in my right ear and consequently, my left ear kind of compensates for it. >> as a matter of fact, did you have any type of business in the keys in terms of a job or family business where you would actually use diving and things like that? >> yes. my father had a dive charter busine business. we would take paid customers and go scuba diving. >> did this loud thumping create any discomfort? >> it did, in my left ear, my sensitive ear. >> gagain, did you turn and yel at the guys in the suv? >> when they turned the music on
7:52 am
the second time, i wasn't going to ask them for any more favors again. >> did you still hear somebody yelling and cursing at that time? >> i did. now, it got ugly i heard, you know, something, something cracker, just -- >> did you actually hear certain words or are you paraphrasing? >> i heard some things. >> without going into specific terms, you knew what they were saying to you? >> yes, i did. >> did you have any reaction at all back to them? >> no, i did not. >> did you get angry and hit the steering wheel? >> no reaction, other than i'm looking forward and hoping rhonda comes out. >> again, your not showing any reaction at this point that things escalate with the person yelling at you in the suv. >> yeah, because when they "f" this and "f" that, there was no
7:53 am
music playing and i could hear him. now, there is thumping base and i can hear him. his voice is elevating. >> can you hear him because he is yelling so loud it is over the base? >> it is over that thumping noise. >> and does this yelling now include threats of violence against you? >> well, after hearing the something, something cracker and this and that, i hear. [ bleep ] . i'm flabbergasted. i must not be hearing this right. >> how many times did you hear that? >> i heard him say that. i wasn't sure if that's what i heard -- >> this time, are you listening closer? >> now, i'm listening closely. when i'm sitting there, i'm kind of thinking about the nice day we had. i'm thinking about st. augustine
7:54 am
tomorrow but when they said -- now, i'm paying attention to what they are saying. >> that kind of got you to listen up? >> and even more elevated -- there is no mistake of what he said. that is what he said. >> do you then look over to see, is somebody talking to you? >> i did. in fact, i'm to the point where i think it is time to try to deescalate this. >> what do you mean by that? >> to try to calm things down. >> do you lower your window? >> i did. i put my window back down and i looked left. >> what do you see? >> well, right about that time, i saw a young man walk by the front of my car who i have since learned is tommy storns.
7:55 am
>> was there any kind of communication between you and mr. storns? >> no. i just caught him out of the corner of my eye. i didn't look at him full-on and i certainly didn't speak to him. >> were you even paying attention to that or are you still focused to the guy there? >> i am looking at the guy in the rear passenger seat. >> could you clearly see into the vehicle? >> i could. i saw two young men with menacing expressions. >> did they look happy with you? >> no, not at all. >> let me ask you this. was the window up or down on that back passenger suv? >> down. >> halfway down. >> all the way down. >> all the way, flat down. duff any unobstructed view looking over your left shoulder looking into that vehicle? >> an unobjestructed view. >> you could see two men sitting there? >> yes, i could, two young men. >> did they ever turn their attention toward you and look at you? >> they did. i asked, are you talking about
7:56 am
me? >> let me stop you there. there is a famous line with al pacino. are you talking to me? >> did you say that to these young men? >> i think the inflection on that is talking and my inflection is on me. i said, are you talking about me? >> why did you ask that as a question, if they were talking about you? >> they were saying they wanted to kill the mf err. i wanted to know if i was that mfers. >> if they did say that, and you wanted to deescalate that, what were your intentions to talk to the back passenger. i wanted to make it clear i said thank you and didn't mean any disrespect. >> did you tell them or ask them. i said please. >> have you done that before in the past? >> absolutely, without reservation. >> again, common courtesy is to
7:57 am
say thank you when someone does you a favor? >> absolutely. >> at that point, when you said, are you talking about me? does that individual give you even time to further talk and say, i said thank you or anything like that? >> no. it escalated. >> did you escalate? >> no, he did. >> did you get upset? >> no. >> did you have any words at all to him other than are you talking about me? >> there wasn't time. i mean, i didn't have a chance to say anything. >> what was the response from the person in the back passenger seat of that suv when you said, are you talking about me? >> he reached forward and picked something up and slammed it against the door. >> when you say he reached forward, did he reach -- >> i'm sorry. he reached down. >> down towards his feet. >> i could see his shoulders move. i couldn't see his hands but you can imagine somebody's shoulders
7:58 am
move forward that they are reaching down. >> could you see him actually lean down toward the floor that far? >> yes, i did. >> at that point, did you reach for your firearm? >> absolutely not. >> did you try to flee or get out of cart or think anything was going to escalate in terms of physical violence? >> no. >> tell the jury after you see that person in the back seat reach down to the floor. do they come back up? >> yes. he not only came back up but he slammed whatever it was against the door. >> could you see something against that door? >> yeah. i saw sticking above like the windowsill about four inches of a barrel. >> let me ask you this. did he put it out the car? did he hold it? kind of describe to the jury what exactly you saw he did? >> like this and slamming it up against the door. >> could you hear metal hit the
7:59 am
door? >> it is like a thump. >> loud enough for you to hear? >> yes. >> even with the thumping of the base going? >> sure. it was a different sound. >> you said it looked like a barrel of a gun or a shotgun. >> it was thick enough profile it was to my eye a 12-gauge, maybe 20. >> tell the jury, are you familiar with 12-gauge and 20-gauge shotguns? >> yes. >> how are you familiar with those type of shotguns? >> we do the sporting plays. that's like skeet but, you know, the birds come from different directions. it is like shooting skeet. >> do you actually shoot bird sns. >> no. i'm sorry. that's what they call the clay pin pigeon. >> when you hear somebody say pull, the clay gets shot out? >> yes. >> when you say we, who is we? >> my father and quite a few people from the aviation
8:00 am
community. >> how long have you shot sporting plays? >> i did it as a child. i say a child. like 12. but since 2005, fairly regularly with my father. >> kind of a family, community activity? >> yes. it would be one of those saturday things. we would go flying and go shoot trap. >> so you understand how shotguns work? >> yes. >> you understand how they fire? >> absolutely. >> you understand how projectiles come out of a shotgun? >> very much so. >> now, at this point, he reaches down and slams up what you think you see is a shotgun. is that correct? >> yes, sir. >> do you reach for your firearm? >> no, i do not. >> do you say anything to him, you're dead or anything like that? >> no. he put -- he slammed something against the door and said -- and i asked him, are you