doing excellent coverage for us. i know you have been there for several days and you are all over this story. heartbreaking to see those little kids in those conditions. rosa flores on the scene for us. thank you very much for watching. i am wolf blitzer in the situation room. erin burnett "out front" starts right now. "out front" next. in the case of the officer charged killing george floyd. the jury hearing from the youngest witnesses. their reaction of the arrest and the toll it is taking. and w.h.o.'s origin did not look at details that it could come from a lab. the white house says no way, that report is not good enough. the officer arrested for protesting a law that restricts voting, he fears another january

6th insurrection, let's go out front. good evening, i am erin burnett. heartbreaking testimony today from the youngest witness from the killing of george floyd. one witness only nine years old. >> it felt like he was stopping his breathing and kind of like hurting him. >> you can't see her on camera because she's nine, under age. the day george floyd lost his life and we heard the toll that floyd's death is taking on them. each of them testified about watching george floyd's final moment. derek chauvin was seen kneeling on floyd's neck for nearly 10 minutes. here is darnell frazier. she was 17. s this is the video she took. >> i heard george floyd saying

"i can't breathe, get off of me, i can't breathe." he cried for his mom. he was in pain. it seems like he knew it was over for him. >> the jury also hearing testimony from a firefighter who broke down after revealing the police would not let her check on floyd's condition. >> when you could not do that, how did it make you feel? >> totally distressed. >> were you frustrated? >> yes. >> that emotional and powerful testimony, driving many to demanding justice. what does justice look like here? sarah sidner is out front in

minneapolis tonight. that was emotional from the firefighter but also those young people, six powerful witnesses today. >> absolutely. i mean the prosecution is putting on an extremely strong case with these witnesses one after the other and many of them crying and many of them detailing in excruciating detail what they saw and how they felt about it. >> good morning. >> donald williams took the stand with a remarkable markabl revelation telling the jury what he did. >> i caught on the police. >> why did you do that? >> because i believe i witnessed a murder. williams could not hold back tears as his 911 dispatcher audio played in court. >> 911, what's the emergency?

>> officer 987 kills a citizen in front of a chicago store. >> reporter: the jury has jet to see this video. >> y'all are murderers. >> reporter: in cross-examination, chauvin's attorney focused on attention on the harsh words that williams used against the officer. >> you call him a tough guy? >> those terms grew more and more angry, would you agree with that? >> they grew more and more plep pleading for life. >> after you called him a bum, you called him a [ bleep ]. >> is that what you heard? >> did you say that?

>> i am asking you, sir, did you say that? > >> chauvin's attorney painted a picture of a scene that created fears in the officer mentioning one officer pushing williams back. >> did you recall saying "i dare you touch me like that, i swear i will slap the [ bleep ] both of you." >> yes, i did. >> the next witness dissolved into tears for the fear and trauma she continues to experience. >> it is the night, i stayed there and apologizing to him. i apologized to george floyd for not doing more. >> that's a voice of a teenage by stander who took the video that the world saw. the court ordered cameras could not showing them testify and

only used audio. >> he was not right. he was suffering. he was in pain. >> the jury then heard from the youngest eye witness who was nine-years-old, she needed her memory jogged as to what chauvin looked like. >> how about him? >> she did remember what upsets her that day. >> i saw that officer put a knee on george floyd. i was sad and kind of mad. the jury heard from an off duty firefighter emt who happened to be on a walk. this is hansen's 911 call on may 25th. >> i told the police -- i literally watched police officer's not take a pulse and not doing anything.

>> had i had ak stoesz a call similar to that i would have been able to provide medical attention to the best of my abilities and this human was denied that right. >> reporter: one of the things that paints incredibly obvious is that the humanity that were standing there never met george floyd and they themselves where they were nine-years-old or a trained emt, they saw he was in extreme distressed and what came across from their testimony is the police officers who were on him including derek chauvin who was kneeling on his neck did not see that same distress and did not respond with a humane heart but all of these witnesses did. that's going to play very heavy

on the jury's mind. we have to remember that the defense is going to bring up other things going forward enco including his medical history and the fact there were drugs in his system. we expect to hear quite a bit of that when the defense puts on her case. erin. >> thank you, i want to go to john burress who represented rodney king. john, let me start with you. it has been almost 30 years since rodney king and here we are with stunning similarities in so many ways. the officer using force on a black man nationwide protest as a result. the criminal trial's result was acquittal for officers in rodney king's. do you think we can see the same outcome this time? >> we can. when ever it involves a police officer and a black person has been injured, you can have an

acquittal. these are different cases for the prosecution and in this particular case, there is a lot of good evidence that was suggested that has chauvin is guilty. a not guilty verdict would not surprise me. all four officers walked out of there. they used a video against rodney king even though that video showed him getting beat up and they took every little movement and suggested that in some way was his not cooperation like they're trying to do here. in this case they're trying to say he was uncooperated and he moved his shoulders to the left and right and he was moving his legs. he was trying to breathe and so innocent perfectly human reaction to be covered down.

that certainly is what the defense going to do. aside from this whole angry black man took on the crowd and the big black man they're doing with floyd. these are stereotypes that are being played in this particular case. prosecution is winning now but at the same time they should be winning. there comes a time when they the prosecution would have to respond the overcome the stereotypes the defense is putting for. >> so let me ask you, one of the witnesses we heard was the fire fighter happened to walk on the scene. you saw how emotional and then she described how the officer

tao was guarding the crowd essentially told her to get lost. here is what he said. >> he said something on the line that if you are a minneapolis firefighter, you would know better than to get involved. >> what do you think prosecutors gain from her testimony, allie? >> she was remarkably important and effective witness. like many of the eye witnesses we heard from, this witness gave us a vivid disturbing account of what she saw what happened in front of her of the way police officers were brutalizing george floyd. that piece of testimony where she talked about she's a trained professional emt and offered to render the most basic life-saving aid and she was turned away. there is only two reasonable conclusion you can draw from that.

either the officers did not care about what happened to george floyd or they wanted harm to come to him. that's damaging to the defendant here. >> you witnessed mowhow the couy was torn apart after the rodney's case. >> if people didn't have a result that they don't believe the process was fair or transparent, what we saw in may and in june with the protests, it will be what we'll see in the after math of the verdict. >> the jury is going to make a decision and the verdict based from if facts they hear. does this warning worriies you? >> it worries me because i don't want to see african-americans involved in this kind of protest

because we are the ones that get killed. the police use violence and use force and so i do not want to see the destruction of my city and community nor do i want to see additional people kill. it is possible. particularly in cases involving the police. unfortunately it is the only process we have. i do think we are further along now than the time of rodney king. we are so much more knowledgeable and we have solved so many more cases taken place after rodney king's. that part helps, too. i am hopefully will not happen and i hope the verdict comes out in such a way that they understand. >> i think that's crucial.

>> the defense we'll hear a lot about drug in george floyd's system. we know what they're going to say. they said the crowd got really angry and distracting to the officers. they were just distracting the officers and the officers could not do what they were supposed to do. let me just play for you that argument. >> would you describe other people's demeanor as upset or angry? >> i don't know if you see anybody being killed but it is upsetting. >> again, it is fair to say that you grew angrier and angrier. >> no. i grew professional and professional and i stayed in my body. you can't play me out to be angry. >> what did you make of this strategy where they're saying everyone is distracted and everyone is yelling and screaming. >> this is an utterly terrible defense.

it is unconvincing. it is self-defeating. the video and evidence shows this was not an unruly crowd. this was fairly orderly crowd. they only got louder as the situation for george floyd got more and more dire. it is ridiculous argument. what are we to believe her? derek chauvin could not do his job because he was distracted by the handful of people on the streets saying things? it is absolutely atrocious officer. well, what if you are trying to put out a fire and people were saying things to you? would not make a difference because i would be focused on doing my job. >> john and elie, thank you so much. well, wait until you hear the conclusion or lack there of. a georgia officer says he feared this incident. state representative knocking on

governor kemp's office of a new state law. the attorney of representative kemp respond. and steps against asian asian-americans tonight. liberty, liberty. ♪, lib, [sfx: psst psst]

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and thus how to stop another virus like it or frankly worse. the w.h.o.'s long awaited report which china had a major role in writing concludes it is extremely and unlikely the virus leaked from that chinese lab. half the scientists involve inside the report are chinese and many worked for the chinese government. the problem with such a conclusion that the scientists from the w.h.o. today says they never really examined the lab leaked theory. the report needs more data to reach robust conclusion. what? the white house today says the

w.h.o.'s report is not enough. >> the report lacks crucial data. it represents an incomplete picture. >> the american people, the global community t me, the medi experts and the experts, and families who lost loved ones all deserve greater transparency and better information. >> she's right. transparency and information are not two things that come from china. w.h.o. looked too cozy with china. the aga the general tweeted, i thank the government of china. >> they are not very transparent in the past. it was not out right, they did not give you all the information. >> how much of a big difference would it had been?

>> i think it would have been a significant different. >> a significant different because you do need invest gugiga investigators on the ground. it is a possibility that some experts take as a crucial one. >> you know i am of the point of view that i still think the most likely ideology of this pathogen and wuhan is from a laboratory escaped. >> there is no solid evidence for what the former cdc's director is saying. dr. redfield is a virologist, this is his area of study.

they sent back two official warnings, claiming inaccurate safety when conducting safety of coronavirus. more than 55,000 americans have now died from this coronavirus in the united states. across the globe of that number dead is nearly 2.8 million, known deaths. we deserve answers. the world deserves answers. if we don't get them, how will others stop another pandemic if we don't know how this one started. >> as bad as this was, it could be worse and there will be another pandemic. guaranteed. >> out front now is laujosh rogd

professor gostin. today the head of w.h.o. came out and criticized its own team's report saying the data needs to be more robust, did it surprise you? >> it really did. i worked with them extremely close and i never seen it happening. >> i think he's justified. we don't have all the answers. we have not even scratched the surface and the world does deserve better. we have been through a horrendous here and much more to come and yet we have no explanation for it. >> the lab accident theory does deserve further investigation. the u.s. and 13 other countries are calling for a "transparent

and independent analysis free from interference and undo influence." you know it is pretty incredible. you have the w.h.o. sending that clear rebutte of china there and his criticism of his own report. what's the reality here? is there any chance that china allows anybody to look at the lab leak theory as an example in any more details? >>. >> sorry, we can't hear josh. professor, let me ask you -- >> is china going to cooperate in any way? >> i think it is unlikely. the w.h.o. had been trying to get answers right from the

beginning. ch china is not a transmissible virus and it is false. >> i have no idea how you are going to expect china is going to change behavior and become transparent and accountable. it is low likelihood. >> josh, i think we have you back now and even china somehow respond to pressure as pressure is pointing out, there is no ed they would or any way. okay, now you can come in the lab. i mean is there any chance there is anything in the lab that would actually give you any real sense of what did or did not occur there? >> yes. there is a ton of evidence that could be on earth if we force or pressure the chinese government to hand it over. i have to go back to your original point to point out that dangerous is not just rebuking the government. he's rebuking the w.h.o.'s team,

contradicting their report when they said we should not look into the lab accident theory, they were wrong. he didn't want to do that. it was the head of the w.h.o. the w.h.o. investigation report did not have any credibility because the united states and the 12 other countries that rebuked it were not able to accept it. in other words, they wasted a lot of resources and time and that can't be gotten back. that's a terrible tragedy for our shared effort to find out what happened and now they placed pedro into this impossible position where he had to defend the credibility of his work by rebukiing his own team and ewe are back to zero. we'll continue to press the

chinese government for more access. as you pointed out, expertly, they have done this is before. they keep on falling for r the lucy and the football and think everything is going to be fine and end up getting used by the chinese government for its own purposes. >> professor gostin, what can happen here? there is not another institution that would even have the aible o do the investigation. that's the great tragedy here. nobody should be celebrating a take-down of the w.h.o. >> no, it does an amazing good in the world. no, we don't want to bash the wc w.h.o. it does not give it political backing or power. it has no power to require china or any other country to conform

to global treaty norms. just has not. two things came out today. one was the report on the sars's origin. and the other was a call from european leaders as well as the w.h.o. itself for a new pandemic treaty. that pan demic treaty would hav to have teeth and would go above the w.h.o. to a u.n. so we can make sure we don't get blindsided or lack of cooperation or we can verify things. the world does deserve this. this is a sad day for humanity. >> as we said, what happens when a virus comes along that's half of 1% fatality rate which this is significantly less than that. it is terrifiedied to contempla.

thank you. >> he feared another riot if he didn't stop her. why some of the capitol rioters could face lower level charges and avoid jail time now all together. germ proof your car with armor all disinfectant. kills 99.9% of bacteria and viruses.

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there were several protesters in addition to representative cannon.

of course compare that to the other side of your screen, 800 people stormed the capitol building. 10,000 rioters. out front now, the attorney for representative gerald gregs. i appreciate your time. you are heading to see your client. what's your reaction to lieutenant langford by saying he fear a january 6th style insurrection. >> i think it is a false equivalent. i am disturbed he would make that kind of comparison. they were maybe five other individuals, another elected official and three voters or so. i just think it was the wrong

characterization of what happened there based on the facts. >> when i add up your number, that's eight people verses 800 who violently stormed the capitol. the fellow democratic member of the georgia house of representative spoke out of langford's comment. here is what she says. >> i call bs. they were threatened by a black woman, period, full stop. >> do you believe race was a factor? >> i believe the way she was treated was unnecessary. i think that if we had been dealing with a different complexion, maybe the treatment would have been different. no one should have been treated in that form of fashion the way she was dragged out of the capitol for merely doing her job. i am hopeful that we can get to the bottom of all of the

evidence and convince the district attorney to dismiss this her charges. >> the police report says there were repeated efforts of cannon's resist arrest. when you see her feet in the air at one point of the direction where the elevator panel would be. the police stays he stomped on langford's right foot. here is some images from the police department that the lieutenant says. he's showing his foot here. this is their report. what is your understanding? did she try to resist arrest or injure an officer in any way? >> no. she didn't commit any felonies

assault. we had witnesses witnessing all of this so i think that it is going to have to be squared away with the prosecution, showing them some of the evidence that we have and if they don't dismiss it then it will go to jury trial. we are resolute in the believe that our client did absolutely nothing wrong and she did not injure a law enforcement officer and we believe the fact wills bsfactswill show. >> you are in your car talking to your candidate right now. the current charges though you said she did not commit a felony and that's the crucial word. these charges of convicted could carry sentences of years behind bars. these are felonies as you point out. talking to representative cannon, did she have any

regrets? would she have done anything differently or would she do it all over again? >> to defend people's voting rights, she will do exactly what she did and that was knock on that door and we see it in the video. it was gentle knocking. we believe that the facts showed that and the independent witnesses showed that and the video. we look forward of the day of our day in court to defend these charges. yes, they are serious charges but again we would also point to the georgia constitution that says an elected state representative should be free from arrest except for those three exceptions. we believe that may be the charges are upgraded because of the exceptions. again, we want to make sure that the prosecutors know all of the essential elements and facts as we have them and talk to the witnesses. >> gerald, i appreciate your time. thank you very much.

>> thank you, erin. >> next, we have new details of why some of the rioters vofred in the insurrection may avoid jail time. and a vicious attack of the 85-years-old asian-american pushed on the ground. the attorney general is taking action to stop this kind of attack. rapid wrinkle repair® smooths the look of fine lines in 1-week, deep wrinkles in 4. so you can kiss wrinkles, and other wrinkle creams goodbye. rapid wrinkle repair® pair with our most concentrated retinol ever for 2x the power. neutrogena® the harry's razor is not the same. our razors have five german engineered blades designed to stay sharp, so your eighth shave is as smooth as your first. and we never upcharge you for high quality. harry's.

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newly obtained mug shot of the capitol arrest rioter. he was arrested while wearing a t-shirt that reads "i was there washington, d.c.," the day of the riot under the picture of former president trump. tom foreman. >> reporter: another person whom inve investors tied to the proud boys. paul rae. bursting into the capitol and stopping the counting of electoral votes. his attorney did not return to c cnn's calls. 20 people associated with the proud boys have been charged with the riot.

among the more serious accusations that some helped plan and coordinate the attack perhaps committing sedition on 60 minutes. >> i believe the facts to support those charges and i think that as we go more facts will support that. >> there will be individuals facing significant prison times whether they were violent or engaged in a conspiracy or whether they were trying to prevent the certification of the election. others will face much less significant penalty. >> with almost 350 people already charged spread across the country, the prosecution is complicated. many are being released to await trial including eric munchel who

was in body armor. they have pleaded not guilty and under house arrest. one rioter called for the lynching of a black officer former president trump insists his follower meant no harm. >> it was zero threat right from the start. it was zero threat. some of them went in and hugging and kissing the police and the guards. they had a great relationship. >> the response from the mother of a capitol police officer badly injured in this -- >> it is dehumanize and devaluing. it is outrageous. >> so tom, i want to go back to what the former attorney said about the sedition charge. which of the rioters, could any of the rioters faced that charge? >> yes. >> any of them two tried to

interfere with congress. if anybody is convicted of that, erin, that afternoon of the capitol could costause them 20 years in prison. >> wow. i think we can all know the facts that this overall did disrupt and stop the work of government. >> it certainly did not go on. >> thank you very much tom. next, another gruesome attack on an asian-american caught on camera. plus, the children of the officer killed in the super market mass shooting remembering their father. >> dad, our unsung hero, you risk your life at work and guard and care for the welfare of the needy. spraying flonase daily stops your body from overreacting to allergens all season long. psst! psst! all good cal: our confident forever plan is possible with a cfp® professional. a cfp® professional can help you build a complete financial plan.

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eliminates 99% of bacteria and moisturizes for hours two for one! can i keep it? new dove care & protect, zero compromise! tonight attorney general ma merritt garland comes amid disturbing video of a man assaulting a 65-year-old asian woman in broad daylight in what new york city police are calling a hate crime. i want to warn you the video i'm about to show you is graphic. jim grass has the report. >> reporter: in surveillance video leased by the nypd you see

the vicious attack unfold. a woman whom authorities identified as a 65-year-old asian american is pushed to the ground. her attacker kicking her in the head again and again. police say the man allegedly yelled expletives at her saying you don't belong here. >> very disturbing. it really disgusting when you see the video. >> reporter: the video appears to be coming from an apartment complex in manhattan. it shows onlookers watching the attack inside not coming to the woman's aid. the company that owns the building says the staff members that witnessed the attack are suspended while it conducts an investigation. police are hoping to talk to this man who is wanted in connection with the hate crime assault and seen walking away from the scene. >> we are not going to tolerate asian american new yorkers in new york city being targeted. >> reporter: monday's brutal attack echoes multiple alleged assaults against asian american men and women.

>> an attack on one of us is an attack on all of us. >> reporter: some who say they have been told to go back to their country who have been beaten, spit on and slapped on new york city streets and subways. >> we can't stand back and watch a heinous act happening. >> reporter: the disturbing trend against asian americans came in full view after the atlanta area spa shootings where six of the eight victims were asian women. police are still determining a motive for the killings. across the country, the violence heightened throughout the pandemic. a time when former president donald trump referred to the coronavirus as. >> chinese virus. china virus. kung flu. >> we all knew it would get to this point and i think it shows the reality that words matter. words on the playground to the workplace. >> reporter: a surveillance video shows a 67-year-old man being beaten in a laundromat and

another attack. >> she is extremely terrified. >> reporter: a 75-year-old woman left bloodied and bruised after a brutal assault two weeks ago. nearly 3800 anti asian hate incidents from march 2020 through february have been reported to stop aapi hate. an advocacy group adding this represents only a small fraction of incidents. >> hate can have no safe harbor in america. it must stop. and it's on all of us, all of us together to make it stop. >> reporter: here in new york city, the nypd formed an entire task force to combat these crimes and includes adding patrols to predominantly asian american communities and subway systems using undercover cops that are asian americans themselves and the hope the nypd says is that other communities all across the country will be able to use their model as an example to help combat this

violent trend. erin. >> thank you for your report. next, breaking news "the new york times" reporting republican congress matt gaetz is under investigation possibly having a sexual relationship with a 17-year-old. his response is next. introducing fidelity income planning. we look at what you've saved, what you'll need, and help you build a flexible plan for cash flow that lasts, even when you're not working, so you can go from saving... to living. ♪ let's go ♪

>> breaking news, republican congressman matt gaetz denying he had a sexual relationship and a victim ovef an extortion plot he's under investigation. the report raising the possibility gaetz violated sex trafficking laws by paying for her to travel with him. a very close ally of president trump justice department. br ryan nobles is out front and

this is a stunning sick report. what else do you know about this investigation? >> reporter: well, erin, so far tonight, the congressman is strenuously denying he had a relationship girl. the core said of tweets had been victims of a criminal former official, doj official seeking $25 million while dlathreatenino smear my name and a lawyer at the fbi's direction to catch these criminals. gatez went on to say he had relationships with women and paid for them to travel with him to different events and what the "new york times" is reporting here tonight this could be part of a broader investigation into sex trafficking which could lead to a serious legal repercussion

as you might imagine, erin. if he's traveling with a companion who is under age from state to state and paying for that travel and sex is part of that arrangearrangement, that c mean serious repercussions. the congressman streen nuously denying he had a relationship with an underaged girl. >> this investigation from trump's justice department which is important to note, i mentioned it and want to mention it again. what else is congressman gaze s -- congressman gates saying about this. >> congressman gaetz is one of president trump's most strongest supporters. he presented false claims about the presidential election and someone that regularly defends president trump even traveling to wyoming to attack liz cheney, the congresswoman there who voted to impeach president trump. the congressman saying that there are doj officials that are out to get him essentially and this is part of an extortion

attempt. he said that he is cooperating with these investigators and that he is asking the doj to release all the information that they've collected into this investigation including tapes in the surveillance that has come out having to do with this investigation and again, he denies that he did anything wrong, erin? >> ryan, thank you very much. on that breaking news and thanks to all of you for being with us, "ac 360" starts now. believe i witnessed a murder. jim sciutto sitting in for anderson tonight. those are the words of donald williams who testified in day two of derek chauvin's murder trial. others today on the stand talked about what they saw and what is still difficult for just anyone to see. officer chauvin's knee and body choking george floyd last may. those witnesses were too young to be shown on camera. the fact that they were not too young to witness a murder live speaks volumes today. in a few minutes, we'll speak in