police in new york have now arrested a suspect on a vicious assault on an elderly asian american woman. elliott is now facing two counts of assault as a hate crime. it was caught outside a building in midtown manhattan. it is difficult to watch. building owners released a new

statement saying the two lobby workers remain suspended pending investigation, and the company is committed to strengthening internal training. you see them just standing by there. news continues. let me hand it over to my friend, chris cuomo, "prime time." >> that guy was out on parole after killing his own mother. >> yeah. >> how did that happen? there are a lot of explanations for how he was on the street, how it was handled on the street and why this keeps happening. jim, appreciate you doing the story. i am chris cu. mo and this is "prime time." the whole world is watching the george floyd murder trial and today we heard from his accused killer for the fir time. derek chauvin is caught on video during the event defending his actions. you have to pay attention to the words he chose, because those are going to matter to the jury, but also his tone, because that may matter even more. we also learned today about how this all started. why? because there's new video that it was introduced into the case. different angles, including what

you're seeing right now. new police body cam footage that shows the moment floyd was first approached by officers, staring down the barrel of a gun. that was the initiation to it, what you're seeing right now. we also learned more about how george floyd was pleading with police on scene, how long and to what degree. do jurors see signs of the level of intoxication, of excited delirium that would be suggested by officers?

to correct some internet nonsense floyd was in the store, by all accounts, to buy cigarettes. cops were called because the $20 bill he used was suspected to be counterfeit. there was no other suspected criminal activity. police mention none. the store employee mentioned none. we heard that testimony today from the 19-year-old cashier, who took that questionable $20 bill from floyd and then reported it to his manager. that young man on your screen is christopher martin. like other witnesses, he is now dealing emotionally with his own actions, questioning what he did and the chain of events that led up to floyd's death. floyd was not described by martin as armed or dangerous. this trial is not about why martin suspected the 20, nor is it about his role in what led to his death. that is guilt and it's understandable, given something so tragic, but it's not relevant.

nor is it relevant whether or not the crowd was angry. this trial is simply about why george floyd died. the questions are simple. was the force used during the arrest reasonable, especially after he was cuffed? should the officers, specifically derek chauvin, have known that what he was doing was hurting floyd significantly? did he continue with that level of force anyway? and the key issue, was the force used by derek chauvin a substantial causal factor in george floyd's death? substantial causal factor. that means one of the main reasons. not necessarily the only reason. that is from the law. what chauvin did doesn't have to be the only reason. it has to be a main reason. remember that.

we were reminded that this situation and what happened was obvious to many who watched in real time. it was almost too much for one man to express on the stand. >> i can't breathe. i can't breathe. >> stop moving. >> mama, mama, mama, mama. >> helpless.

i don't have a mama either. i understand him. >> also a note to people who are watching this and trying to understand, if you don't understand why charles mcmillan, the man on the stand there, feels such a connection to what floyd went through, you don't understand why this case matters as much as it does to people of color. mcmillan is on the stand not just because he's a black man. he's on there because he lived near cup foods, he witnessed everything that happened. and he was so traumatized that the 61-year-old confronted officer derek chauvin after he saw floyd take his last breaths. and this was a very critical moment. not his emotion. it was chauvin's response. not just described by mcmillan,

but caught on video. derek chauvin in real time, answering questions about what had just happened, as floyd lie motionless. for the first time, the men and women of the jury, those who will decide chauvin's fate saw how he reacted in real time. watch. >> that's one person's opinion. i have to control this guy because he's a sizeable guy. >> and get him in the car. >> looked like he was probably on something. >> how will the jury weigh not just the words but the tone. remember, feel can matter as much as fact with the jury. does chauvin takes the stand? does he describe something that he felt that day inconsistent with what you just heard? this moment that you just heard

will matter in this trial. let's take it to the much better legal minds, elliott williams, former federal prosecutor and mark o'mara, head defense attorney for george zimmerman, who helped zimmerman get acquitted of killing trayvon martin. it's been a minute. good to see you. >> charles mcmillan's testimony, he didn't really prove or disprove any major fact in evidence. he's such a compelling character. for people who watched the television show "the wire," i don't know if you did, chris. >> yeah. >> this is the kind of witness that would be called a citizen, a member of the community respected by whether rich, poor, white, or black people are just going to find this guy credible. he put a face, he put people there. he was compelling. he was real.

and there's really not much that the defense could have done to poke holes in his testimony. you know, some of it was -- we talked about it last night, some of it wasn't entirely relevant, but it was powerful. and, you know, it got in jurors' heads and hearts. >> o'mara, the first part of the trial is supposed to go the prosecution's way. this is laying out the different elements. they have a plethora of people to pick from to deliver obvious and poignant moments. from a defense perspective, what did it mean today specifically chauvin in real time, dialoguing with a citizen, as elliott suggests, about why he did what he did? >> the most striking thing that i saw, and i think jurors saw and will be reminded by the prosecution is this. and, chris, you know this, and elliott. there is a concept in the law called cold and calculated and premeditated. it's an aggravating factor in death penalty cases but it's very relevant to how to look at a person. if you listen to what chauvin

said, the way he said it, the lack of humanity, i would suggest, it was cold. it was cold to deal with what was going on. the calculated part, what he was really thinking about, what he was just explaining away was i would do anything i needed to do. he was a big guy, might have been on drugs and basically explaining away in a very nonemotional way the fact that this had happened to floyd. and, remember the emts had already told him they couldn't find a pulse on floyd. so even with that knowledge, even after the breath is taken and you relax and get a balance for what's going on, he had no emotions and seemingly no care, and i think that's going to strike with the jury. >> one more question for each of you. elliott, to the extent that you have a defense strategy here that is all about the toxicology. floyd had a broken wing when he entered this situation. what did it mean seeing him in the store on that footage?

>> seeing floyd in the store? it's important that the prosecution put it out there. it's the difference of saying -- it's called fronting. it's where you have a fact that is bad about your side that you put out there. it's like saying, mom, i broke the vase, rather than having your mom find the vase. it's important to put it out there. it puts floyd at the scene. i don't really think that that fact will be material to this question as to death. more importantly, though, back to mcmillan's testimony and chauvin's demeanor, it also debunk this is idea that the scene and hysteria in the crowd was so intense that the police officers were distracted or diverted for caring for floyd. if anything, they were completely nonchalant and mocking and not people in distress unable to care for the victim on the ground. >> it has a constructive value, that mundane footage, because mark it shows where is this

incredible level of intoxication and delirium that they're going to argue later on? he's not able to buy cigarettes the way he wanted to. what did today mean in terms of the need to put chauvin on the stand, mark? >> that's always a dangerous call. defendants have a great benefit, the beyond a reasonable doubt standard and the fact that you never have to help the state prosecute you. unfortunately, in self-defense cases, and in a case like this, that jury is going to want to hear why chauvin thought for every second of those 9 1/2 minutes that he had to do what he did. and realizing that balance that everything is going to go against chauvin to begin with, if he doesn't get up and say that, even though the jury is not supposed to consider it, we're all human. those 12 are human. they're going to want to hear an explanation for why they should let chauvin go for 9 1/2 minutes with that key on the neck. >> what's the key that has to happen tomorrow and the days

ahead, elliott? >> i don't think there's a key moment whatsoever. witnesses just because the folks that have been put up would be cross examined at the defense's own peril. >> you remember what we learned early on in litigation. you don't blame people for pain. if they're expressing pain and you doubt their pain, it can go bad fast. i think this defense team got a taste for that. mark, how quickly do you think the prosecution should set up its own version of what the toxicology means, what the autopsy means? >> yeah. it is time. it's good they spnt a couple of three days putting the humanity and horror of it. it is time to address the intent. did he intend to do what

happened? the toxicology, because that will be there. you know the defense team is going to come out and say he had very little to do with the actual outcome. it was the fetanyl. >> quick point, chris. >> go ahead. >> on this intent point, nine minutes is and the shouting of "mama, mama, mama," at a certain point it's clear this individual isn't posing a threat anymore and the defense is going to have a really hard time overcoming this intent question on a count of just the length of the video. and at a certain point, you cannot say there's any objective reason for restraining floyd in the way they did. like mr. t would say, i pity the fool. i pity the defense attorney who has to overcome that part of the evidence. >> remember where mark is coming from, the job of the defense. is spread doubt. >> oh, i agree. >> if he can get people focused on what he's saying about what kind of shape was floyd in that the officers couldn't have

known, that could be very important with this jury. let me jump for time. we'll keep doing this. elliott williams, thank you. mark o'meara, pleasure to see you again. thank you for the benefit of my audience. appreciate that. >> you're welcome. one of the common themes from so many of these witnesses is guilt, and that is pain. they're not on trial. nobody did anything wrong here except maybe the officers, okay? that's what this trial is about. yes, i'm making it open ended because it's a question of fact and law and we have to decide it. that pain of mr. mcmillan identified with what floyd was going through. i want van jones to come in and talk to us about what happens if those ten, 12 men and women say no, doesn't meet the standard. what does it say about where we are, next. fine, no one leaves the table until your finished. fine, we'll sleep here.

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three days of pain, people who stood by, watching george floyd's final moments and feel a sense of loss but also connection to his fate and guilt that they weren't able to do something. helpless, regret. listen. >> further over toward the scene. >> correct. >> what was going through your mind during that time period? >> disbelief, and guilt. >> okay. why guilt? >> if i would have just not tooken the bill, this could have been avoided. >> in my memory, i offered to kind of walk them through it or told them if he doesn't have a pulse, you need to start compressions, and that wasn't done either. it's what i would have done for anybody. >> when you couldn't do that, how did that make you feel? >> totally distressed.

>> were you frustrated? >> yes. >> i stayed up, apologizing and apologizing to george floyd for not doing more and not physically interacting and not saving his life. it's not what i should have done. it's what he should have done. >> this is a very unusual situation, to have these kinds of witnesses, this kind of video. a lot of it, in thanks to the last witness you saw there, miss frazier, and the contrast of all this pain, all this connection to floyd's anguish except for the accused. let's bring in van jones. people keep saying it's about

facts and law. i don't have to tell you. you went to law school. but that's not true. this isn't just about what happens in court. george floyd is a metaphor for how many men and women feel about what can happen to them in society. and we're seeing that in their faces and in their pain, are we not? >> yeah, we are. and, you know, to see children have to sit up and explain what they saw as a 9-year-old, 10-year-old that testified, that child will never, ever forget that. they'll live with that the rest of their lives, seeing a police officer strangle the life out of a black person in their own community while they were trying to go get a snack. i don't think people understand the pain. most black folks walk around with kind of a survivor's guilt anyway, because we've seen so many people who look just like us not get a break. you mentioned yale law school.

when i was at yale, i taught at princeton, at m.i.t. as a fellow. i saw white kids do terrible stuff every damn day. i saw white kids on drugs. i saw white kids who were disrespectful. i saw frat boys doing stuff that would make a gang member ashamed in terms of the level of disrespect and disregard, and the cops were never called on a single one of those kids. those kids got the benefit of the doubt. they got a second chance, third chance, 15th chance, and those kids are out having good lives, and yet you see blocks away from those campuses in the housing projects kids doing less bad stuff getting 15, 20 years jail, wind up getting killed, sometimes by each other. you walk around as a black person with a constant sense of both dread and guilt. am i doing enough for my community? am i doing enough to help? i spent a lot of time in prisons, helping folks. you go into a prison, and you've

done it yourself, it's wall-to-wall african-american men, latino men. let's be honest, chris. some of these guys, they're smarter than me and you, they're better leaders. they're better looking. they made a mistake that i saw kids on ivy league campuses make. they're not going to be able to compete in the job market, be the dads they want to be, and you live with this every day. and then something like this happens. and you saw a grandfather, i assume, just break down and cry, because what are we supposed to do? how can we live? and this grandpa, by the way, was tough on george floyd when he was acting up and saying hey, back down. do what the cops said. he saw him falling and saw him dying and he did his best and he feels his best was not enough. most black people feel that way every day, that our best is not enough for our communities. it's not enough for the country. it's just not enough. now we have to deal with this.

so, this is a deep, deep wound that's being pried back open again and again. every time we show these things. and i just could -- i felt so bad, chris, for that grandpa. no man -- i mean tears i cried on tv and you hold them back better than most. no man wants to do that. he was broken down. he was broken down. and he's not by himself. there's a lot at stake here. i don't care who you voted for in the last election. just understand the humanity of what's going on for people every day in this country that may escape your view. it's an opportunity for us all to learn from each other. >> help in terms of what should be learned. i hear things from white people that you probably don't, right? as empathetic as you are and relatable as you are. listen, this wasn't a good guy. did you hear what he did to the pregnant lady? did you hear about this? did you hear about that? let's be honest, he was in there, committing a crime. if he had just listened to the police, none of this would have happened.

what am i supposed to say in that? i get in nothing but arguments where i tell people, i don't want to talk to you about this. >> right. >> but i'm not getting it done. what is the right response to somebody who wants to look at george floyd as the seed of the problem? >> the reason we have police officers is to show up when people are making bad decisions. that's their job. he made some bad decisions. what you want from your police officers is then for the police officers to make good decisions. you don't get a great society when you've got some people without wearing uniforms make bad decisions and people with uniforms make worse decisions. my favorite uncle is a police officer. my dad was in the military. i'm a law enforcement family. but the police -- i got a radical idea. the police should obey the law. the police should obey the law. and the law says you can't -- excessive force is the only legal concept you don't have to go to law school to understand.

force beyond what's necessary to effect the arrest. force in excess of what you need to do to effect the arrest is excessive force. and when somebody is down and they're handcuffed and they're crying for their mom, and they're peeing on themselves, if you are still applying brutal force against them, that's excessive. you don't have to be a liberal. you don't have to be a bleeding heart. you just have to be somebody who respects the rule of law and respects that badge to say we don't want people with badges acting that way against anybody, and certainly not given the incredibly bad history with black folks. >> to be fair, in my experience thus far, i don't hear a lot of cops. i can't even name one that i know personally who are defending what happened in this situation. we'll see how it plays out in court. that is not where it will end, no matter the verdict. van jones, appreciate you, brother. thank you for helping us find a way through this. >> we'll stay together. we'll get through it. >> always, always.

the trial coincides with a sweeping attempt to suppress the minority vote nationwide, and that is connected to systemic inequality and the fears of the same, and the mandate for the same on the majority. so, let's take this conversation to georgia's first black senator. he calls it jim crow in new clothes. raphael warnock is here tonight. what is this about? where do we go? next. i've got moderate to severe plaque psoriasis. now, there's skyrizi. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months, after just 2 doses. skyrizi may increase your risk of infections and lower your ability to fight them. before treatment, your doctor should check you for infections and tuberculosis. tell your doctor if you have an infection or symptoms such as fevers, sweats, chills, muscle aches, or coughs or if you plan to or recently received a vaccine. ♪ nothing is everything ♪ now is the time to ask your dermatologist about skyrizi.

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for the same medications as the vet, but for less with fast free shipping. visit petmeds.com today. is it going to be private businesses that make politicians do the right thing again? unacceptable. a step backwards. that's what coca cola and other companies are calling georgia's new voting law. republicans were clear on the sweeping legislation that goes so far as to ban giving water to voters as they wait in line. so, why speak out now against a law that democrats say will disproportionately affect black voters? boycotts or the multitudes of conversation and emotion about race in our country. raphael warnock, freshman senator, but long in the game of social justice, joins us to discuss this and more. good to see you, senator. >> good to be here with you, chris.

thanks so much. >> senator, let's discuss something that's not as well known and then talk about something that is painfully obvious. in the relief bill, though a freshman senator, you got a provision put into the bill to help your constituents, specifically bhak farmers, as part of the relief bill. what did you get done? why did it matter so much? >> well, you know, i'm very proud of the american rescue plan and, as you point out, one of the provisions that i specifically fought for was relief for farmers of color. the farmers of color debt relief bill. we inserted it in the american rescue plan. it will provide $5 billion of debt relief and support to farmers who have historically experienced discrimination even at the hands of our government, the u.s. department of agriculture.

this is a long-standing problem. and what covid-19 did was it both illuminated and exacerbated these long-standing disparities, gave us a chance to help folks who have been disproportionately impacted both by this virus and the virus of racism. >> when did you learn in that process? >> well, i learned that, you know, change is hard. i've understood that for a long time. as you point out, i was an activist before getting into the preacher. work of politics and activist when i was sworn in. late parishioner john lewis called good trouble. it's good to operate on this side to turn my activism and agitation into legislation. my protest into public policy. i think representation matters.

and as we engage the debates around covid relief, around voting rights, criminal justice reform, a whole range of issues, i think it matters that there are diverse voices at the table and in the conversation. >> what do you say to proponents of the laws in georgia now who say that this is being unfairly smeared, that they kept souls to polls provisions on sundays and reduce the number of drop boks because they're tough to police and you have it be careful about harvesting. and not allowing people to give food and water that's just about electioneering, that there will be provisions for the poll workers to provide those to people, they just don't want people to gain advantage by giving food and drink to people in line. do you accept those defenses? >> oh, absolutely not. this is voter suppression, pure and simple. these are politicians focused on

maintaining their power that they undermine the basic tenets of democracy itself. we have to push back hard. this is a 911 emergency for our democracy. while it is playing out in obvious ways in this moment in georgia, it's really happening in capitals all across the country. the violent insurrection that we saw visited upon our united states capital has now been spread out to state capitals all across the country. there are folks who are just hell bent on taking the votes and the voices of the people that they don't want to hear. that's why i'm a proud sponsor of the for the people act, and i'm also pushing hard to pass the john lewis voting rights advancement act. we have to do it, not only to

protect black voters but to protect young voters, to protect elderly and sick folks, anybody that some voters don't want to hear from. and i really believe in democracy, chris. i think that the four most powerful words in democracy is the people have spoken. if we don't do anything in the senate we need to make sure that the people's voices can be heard in all the great debates we will take on in the day's ahead. >> what are your thoughts about what you've seen so far briefly, because we're just early in the trial. but the floyd trial so far, the murder trial of george floyd, what's your reaction so far? >> it's heartbreaking. and there really are no words. i'm thinking about the floyd family, praying much for them. our hearts go out to them. too often we've seen human beings turned into hash tags. i'm tired of hash tags, chris. we've been dealing with this for

a long time. early on in my career as a preacher, i was a seminary student, finishing up my doctorate in new york city when an african immigrant was shot several times by new york's finest, by the new york special, elite unit of the new york police department. and as a seminary student, i went down with throngs of new yorkers, protesting. offered myself for the first time for arrest. that was in the late 1990s. and then we looked up this past spring and saw a whole generation of young people who don't remember him, who don't remember rodney king. and we're still dealing with this issue. we have to do something about criminal justice reform in this country. >> sadly they don't have to remember any of the others of our time because they've got a

fresh slate of their own victims that are searing images in people's mind as young as 9 years old, as we're seeing right now. senator raphael warnock, congratulations into getting something in this first relief bill targeted to communities of color and farmers in your constituency. that was a good pull, especially early on in your tenure. thank you and be well. >> be well. good to be with you. when we come back, dr. anthony fauci is here i got the vaccine. i want to talk to him about how my wife and i are feeling the next day and what he can recommend to others about what to expect. i want his reaction from the big news today about how the vaccines work on teens and younger. and let's talk about accountability and looking backwards as a way to do better going forwards.

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today the cdc confirmed that covid-19 was the third leading cause of death last year. heart disease, cancer, covid. the news comes as cases continue to spike across the united states, thanks to tougher variants, and mask mandates are

being struck down in places like wisconsin, thanks to reduced collective resolve to fight. let's discuss with the president's chief medical adviser himself, dr. tony fauci. always a pleasure to see you, doc. >> good to be with you. >> got the pfizer vaccine yesterday. christina and i went. you may have seen me in the tabloids. felt fine yesterday, soreness at the spot. today i had a little bit of a fever and felt almost fluish. christina, same kind of stuff, malaise. normal? >> yes, absolutely. what you're feeling is your body's reaction, the immune response you're getting. particularly for you, chris, because you've been infected and you've had covid-19, which means you probably have a lot of immune memory in your system. and when you get a vaccine, you're really going to rev it up. i bet if we measure your antibody levels a couple of weeks from now, you're going to be sky high, which is really good.

>> and i hear that the second shot can also make you uncomfortable, but it's better than having covid. you say i have immune memory. i also have, you know how we say in italian dialect, i got nervous today when i started to get those fever symptoms again because it reminded me of being sick. it's a very different feeling this time. i'll be honest about it. this is not that abnormal but it's better than being sick. let's deal what's making us sick. reduce and resolve, i don't think you're going to get people to mask up again, get governors to be more restrictive. what does this do in terms of our timetable? >> you know, we really have to be careful, chris, because you know, as i mentioned to you multiple times, we've come down to a level that plateaued and is not continuing to go down. and we're right up to around 60,000 new infections per day, which puts you at considerable risk of rebounding up.

essentially, what they're seeing in europe. you know, with with the vaccines coming in now, we're vaccinated about 3 million people a day. every day that goes by, we get closer and closer to a greater degree of protection. so now is just not the time to pull back and declare premature victory. it's just not the time. hang in there a bit longer. we're going to get through this, as more people get vaccinated, there's going to be a greater umbrella of protection over society. that's why we're saying over and over again, just hang on. continue to do the public health measures and then we can pull back later when we get a greater degree of protection from the vaccines. >> doesn't sound like the states are going to listen. we'll see what that does in terms of the state of play. >> yeah. >> balancing that out on the positive side, doctor, is that we have information that the vaccines are working on younger people in testing.

what does that mean in terms of timetable for them to be able to get the vaccine? >> well, that's really good news. and the companies, pfizer and moderna and others are putting a lot of effort in to show that the vaccine is safe and effective in young kids. the announcement that came out yesterday was they did a randomized placebo control and trial and a little over 2,000 people from 12 to 15 years old, and they showed that the vaccine was highly efficacious. there were 18 cases of covid-19 in the placebo group and zero in the vaccine group. what they're doing now, they're now testing it in kids younger and younger. it's called age de-escalation testing. so they go from 12 to 9-year-olds, 9-year-olds to 6-year-olds, 6-year-olds to 2-year-olds and then 6 month to 2-year-old. we hope by the end of this year we'll have enough information

that we can safely vaccinate children of any age by the beginning of the first quarter of 2022. >> tony, all this talk about dr. birx and how she now says, you know, this stuff was avoidable and that trump was doing what everybody knew he was doing, pulling a hoax and all this other stuff. do you think she should have said more when she was there, especially given she had a white house position? >> you know, chris, she was in a tough situation. you really need to understand, she was living in the white house. she had an office in the lower level of the west wing. and i guess, obviously, you say she could have done more, but it was really tough on her. she was a military person. she understands the chain of command. and i think if you ask her now, she probably would say she should have done more but you really need to cut her some slack, the way i do. you really have. she was in a tough situation. >> i'll put it on you. do you think you should have

said more, earlier on, even if it would have meant that maybe you would have been removed, do you think we would be in a different place if you would have said about the president and to the president, this guy is lying to you? >> well, you know, i don't think you can come out and say this guy is lying. i don't know how good that would have been. i certainly clashed with the president. you know that. he -- we had a considerable amount of stress and tension, between us, when i spoke out against him with hydroxychloroquine. when he said that, you know, this is going to end tomorrow. it's going to go away. and i said, no, it's not just going to go away. there are a lot of things that we did, that was contradictory to him, which, you know, obviously, caused a lot of stress and strain. but i just want to put that behind us, and look ahead. >> well, look, the only reason to bring it up is so that we learn to do better, going forward, if it ever happens again. >> i agree, i agree. >> and i'll -- i'll be open about it. i was worried about ya, at that time. you obviously know it but the audience should, also.

that they would get rid of you, because that's all that mattered to him was fealty, not loyalty to the job or the cause. and hopefully, we do get to a better place, together, and soon. dr. anthony fauci, appreciate your candor, and i appreciate you taking the opportunity. >> good to be with you, chris, thanks. >> always. [ speaking foreign language ] >> happy easter, in advance. we'll be right back. >> you, too. we look at how much you've saved, how much you'll need, and build a straightforward plan to generate income, even when you're not working. a plan that gives you the chance to grow your savings and create cash flow that lasts. along the way, we'll give you ways to be tax efficient. and you can start, stop or adjust your plan at any time without the unnecessary fees. talk to us today, so we can help you go from saving...to living. welcome, today's discussion will be around sliced meat. moms want healthy... and affordable. land o' frost premium!!! no added hormones either. it's the only protein i've really melted with.

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