him to life in prison without parole. wolf? >> carlos, did the judge address the families? >> reporter: no. the judge did not take any actions against the families. the defense attorneys, again, tried to raise their objections to some of the comments made by some of the family members. the judge was not having it. she said they have every right to be there and say whatever they wanted. at one point she asked one of nikolas cruz's attorney the leave the courtroom. >> carlos suarez, thank you for that report. thanks very much for watching. i'm wolf blitzer. erin burnett "outfront" starts right now. up next, not guilty. the suspect charged with attempting to murder paul pelosi and kidnap speaker nancy pelosi

pleading not guilty. we're learning new details about a possible defense strategy. plus, the key to putin's power and more russians are breaking with putin. i'm going to speak to a student who was trapped in the de deadly seoul disaster. her amazing story tonight. let's go "outfront." good evening. i'm erin burnett. in court t, the man accusedf attacking paul pelosi making an appearance in front of the charge. david depape pleading not guilty to a long list of charges. he's facing two federal charges and could face life behind bars if found guilty. some republicans tried to cast doubt on certain aspects of the

attack, raising questions that maybe something is suspicious. today the former president joined a growing chorus of conspiracy theorists. >> well, it's weird things going on in that household in the last couple weeks. you know, probably we're better not talking about it. it seems the glass was broken from the inside to the out. you know, that was -- it wasn't a break-in. it was a break-out. i don't know. you hear the same things i do. >> well, that's just not true. facts are facts. depape told police he used the hammer to break into the house. trump is just following here, doing what others started doing, raising questions about the attack, even making light of it like kari lake.

>> it's not impossible to protect our kids in schools. nancy pelosi would have -- well, apparently she didn't have security. >> why did pelosi describe depape as a friend? >> these questions are not innocent. they're designed to give light to conspiracy theories. there was no third person. the san francisco d.a. telling cbs affiliate, there were only two people in the home when the police arrived, mr. pelosi and the suspect. these are just the facts. i'm going to speak to the district attorney in a moment. as for pelosi talking depape a friend while talking to a 911 dispatcher, law enforcement officials say they believe pelosi was trying to give coded information. he knew pelosi was on the phone and he wanted to signal to the

dispatcher that something was wrong. in fact, not only was depape not friends the pelosi, police have been categorical that they didn't know each other. >> there's absolutely no evidence mr. pelosi knew this man. >> josh campbell begins our coverage in san francisco. josh, what can you tell us about depape's court appearance? >> reporter: the suspect accused of assaulting paul pelosi made his first appearance in court here today in downtown san francisco. he remained in police custody. he was dressed in an orange jumpsuit and appeared to be recovering from injuries of his own. 42-year-old david depape making an appearance in a san francisco court tuesday with his arm in a sling, pleading not guilty to all

all state charges. >> we'll be doing a comprehensive investigation of what happened. we're going to be looking into mr. depape, his mental state. >> reporter: depape waved his right to a hearing within ten days and is being held in san francisco county jail until his next court appearance november 4th. the judge signed a protection order for the pelosis. the charges against depape include attempted murder, false imp imprisonment, burglary. depape's attorney responding to questions tuesday about motive. >> there's also been a lot of speculation regarding mr. depape's vulnerability to

misinformation and that's certainly something we'll look into. >> reporter: authorities are still rebutting conspiracy theories that paul pelosi and mr. depape knew each other. >> there's no evidence mr. pelosi knew this man. >> reporter: paul pelosi is still hospitalized after being struck on the head with a hammer sustaining a skull fracture. parallel investigation by the fbi and san francisco police are under way with new details emerging that depape brought two hammers, zip ties, rope and a roll of tape. depape also faces federal charges of assault and attempted kidnapping of a federal official caught on police body cam. now with a wave of recent threats to elected officials, the head of the capitol police said his mission is urgent. writing in a statement, we believe today's political climate calls for more resources

to provide security for members of congress. during this time of heightened political tension we monitor thousands of cases across the country. now, paul pelosi remains in intensive care recovering from those serious injuries. we're learning new details tonight that the pelosi family may be getting access to that 911 audio from early morning friday during the assault as well as the police body camera. they'll be able to see that. that could come as early as tomorrow. >> josh, thank you. let's get more details on that. days in the hospital in intensive care, it's incredibly serious and remains so. now the san francisco district attorney brooke jenkins. i appreciate the time. brooke, i want to start with new reporting here.

there's a filing by the associated press that said that depape was on a suicide mission and had plans to get to other california and federal politicians. can you tell me more about this and who was targeted? >> what i will say is that we tried to give the public as much information obviously as we can without compromising the investigation or the prosecution of this case. as you guys have become aware, there were other public officials that were apparently targets of his and obviously he showed up at the speaker's house first. >> that was sort of the beginning of something that was going to be much more. we know on the 911 call here that -- we understand from what josh is saying that members of the pelosi family are expected to hear audio of that call. we know mr. pelosi left the line

open during the attack. do you know how long that call was and whether that exchange between pelosi and the alleged attacker is audible in its entirety? >> what i will tell you is it's a limited call. it's very short and brief. he does express somethings to the dispatcher that are indirect to signal something is going on. i don't want to get into more details than that. what we want to do is make sure we're protecting this prosecution without previewing every ounce of evidence to the public. >> i understand. to the point here, obviously this was an attack that involved a hammer. do you know what the other attacks you're referring to, m multiple attacks that were planned, had he thought through how he was going to do it or was that -- is that unknown to you? >> so that's still unknown to me. as i've tried to tell folks in

the last few days, this investigation is still very, very fresh. the fbi and sfpd are trying to comb through everything as fast as they can. we want to make sure they're dotting their is and crossing their ts to ensure this prosecution is successful. >> i'm curious about what's on the body camera footage. can you see pelosi attacked? do you actually see the attack on it? >> yes. >> you do? you see him hit with the hammer? >> you see him get attacked on that footage. >> has to be incredibly disturbing. what was -- the federal complaint describes a conversation between depape and politician. are you able to give me any sense of what that interview was like? was he sober? was he coherent? >> he was cooperative. he submitted to a lengthy

interview with the police. that's as much as we're going to reveal at this time given the investigation is ongoing. >> again, you're obviously telling us you can see the attack on tape, on the body cam of the police officers that were there. i know depape's backpack was found on the scene. they found a roll of tape, white rope, hammer which i guess would be in addition to the hammer you saw him using in the attack, a pair of rubber and cloth gloves and a journal. do you have any sense what he was intending to use that for and whether the other things were important to his planned attack? >> at this point that has not all been flushed out. we know there was an indication of use of the zip ties being a part of this in order to tie mr. pelosi up. right now that's as much as we have as this investigation continues.

>> zip ties. do you know -- can you tell us what was in his journal? did it have the thoughts or plans or the names of people he was targeting or anything like that? >> no. at this time we're not releasing anything more about the journal or anything else. our main objective is to protect the investigation as well as the prosecution. we're trying to keep the universe of what we reveal as limited as we can while also clearing up a number of distortions. as you mentioned there are ones going around. >> unfortunate, but important you do that. is depape still talking to investigators at this time? >> at this point as of today he's represented through counsel. i would expect that there won't be future interactions with him. >> you talk about having to clear the record. for example whatever the former president is saying, the glass is broken from the inside, or

there was another person in the house. that's all false. so many conspiracy theories which you have to push back on. do you know what role conspiracies and disinformation played in aggravating depape and getting him to the point where he planned an attack? >> i can't say that specifically, but what i will say is we see just like on january 6th this inciteful com commentary that goes on, people encouraging violence, encouraging people to take these extreme viewpoints is laying a pathway to this conduct. >> one final question here. according to the fbi affidavit, there's a line in there that stood out to me. it's this one. depape also explained generally that he wanted to use nancy pelosi to lure another

individual to depape. what can you tell us about this other individual? the use of the word lure stood out. >> so right now, like i said, we tried to reveal what we needed to in order to clear up a number of the distortions that have been made and of course to apprise the public of what happened here. as far as certain details, those are things that we are protecting so this investigation is able to be successfully completed. that's something i'm not able to comment on at this time. >> i appreciate you being forthright about what you can and can't say and adding the information you could. thanks so much, brooke. >> thank you. >> brooke jenkins the san francisco district attorney. next two powerful russians breaking with putin over the war in ukraine. plus, president biden rallying supporter in nevada.

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with a stark warning. russia can strike anywhere in ukraine with iranian supplied missiles. this is cnn reports that iran is preparing to send russia 1,000 more weapons, included guided missile. this could be hugely significant. also, more attack drones. all of it coming as cnn is learning two russian billionaires have renounced their citizenship in protest over the war. matthew chance is out front. >> reporter: one of the most high profile richest russians to publicly condemn the ukraine war. he's the billionaire who founded the tinkof bank, now renouncing his russian citizenship, a image slap to the kremlin's face.

he even hosted the determination document online. "i can't and won't be associated with a fascist company," he wrote on instagram. a country that started a war with their peaceful mates. he called on other wealthy russians to also leave the country behind. "i hope more prominent russian business men will follow me so it weakens putin's regime and his economy and puts him eventually towards defeat." the post was quickly deleted which he blames on kremlin trolls. it's not the first time tinkof has publicly criticized putin. these almost daily scenes of violence and its horrors seem to

have galvanized the billionaire. back in may spoke of how his own fight for survival, suffering from cancer, made it impossible to stay silent. >> translator: you see kids, women, people dying for nothing, being murdered by someone. the russian army is killing them for nothing. you can die from cancer. why should you die from a bomb just because you live in ukraine? this is messed up, especially in the 21st century. >> reporter: of course there have been other prominent russian billionaires who criticized the ukraine war, even the metals magnate learned to be close to putin calling it a colossal mistake. earlier this month, another billionaire investor said he

renounced his russian passport too. tinkof seen in london where despite british sanctions he still spends much of his time said he only ever met putin once for a beer more than 20 years ago. he says he hates putin's russia and is severing himself from it altogether over what he calls putin's crazy war. >> so, matthew, does his renounce yags mean putin is losing support among russian business tycoons? after everything we've seen, he's choosing to do this now. >> reporter: it's got a point in that direction. you have to remember tinkof is a unique case. he sold his businesses in russia. he's got leukemia. there are many other business people in the country that have a lot to lose.

speaking out like that would mean the end of your business. it could mean jail or danger for your family. even if they agree with him, they're probably going to keep their mouths shut. the fact that anyone is speaking out at all, and there are several high profile-business people, it can affect the economy in russia. >> circumstances are specific to him. it's still a courageous act. matthew chance, thank you very much. the context here is that you have this disarray among russia troops and the leader of the brutal private army is gaining influence every day. the russian investigative journalist who specializes the russia services, the author of "the compatriots."

you know so much about tinkof and people like him. prigozhin is urging russia to shut down youtube. when you're coming out and you're a member of a mercenary group talking about youtube, what is happening here? why is he becoming so much more emboldened? >> well, he's extremely ambitious. it seems like he's getting ambitious politically. he found the weak spot the kremlin has. two weeks ago it was about the military. he criticized the military openly. he got some changes. the chain of command in the military was changed. they've got a new commander. now he's identifying that the

kremlin is losing information control on the internet. youtube is one of the services which is still not blocked in the country, available for the russians and used widely for watching the news about what is going on in ukraine. now he's attacking this weak spot to make himself visible and useful for putin. >> when you say visible and useful for putin, he yesterday said the children of russia's elite should be mobilized. he confronted putin over the war, to tell putin to up the ante. he also the other day praised zelenskyy's leadership saying he should not be underestimated. what do you think his goals are? does he want to run russia's military? how does this combination of things he's doing endear him to putin? >> well, i think he's not stupid. he understands his limits.

he never had any military training. he spent time in -- he runs this military company. i don't think his ambition is to become minister of defense, but maybe on the russian security council. that's where you have real power. to become deputy secretary of security, that will fit him. >> a crucial character to watch, even as you see some of the billionaires going away. thank you so much, andre. president obama about to campaign in nevada for a democratic incumbent at risk of losing her seat. can they score a win in a state that has some of the highest gas prices in the nation? from churches to concerts. the push for black voters to

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these are live pictures out of florida on your screen. that's where president biden will be speaking at a rally at this hour. we're one week from election day itself. the president is campaigning for senate nominee val demings who is challenging marco ruby you for the senate seat there. there's different ways to slice this. if republicans can hold all the seats they currently have, they just need to add one. take one from the democrats and they get control of the senate. eight of the races on your screen are so close they could go either way, including nevada. that's where former president obama will appear with catherine cortez masto tonight. she's neck in neck with the republican challenger. john king is out front live at his magic wall.

john, it's amazing when you look at this. again, this assumes they keep what they have. if they did, they need to peel one. eight are too close to call. what are you seeing in nevada? >> what you see is barack obama going there tonight to help the most vulnerable senate democratic in incumbent. democrats are very nervous. why? think about the last several years of american life. this about how it played out in nevada. its hospitality industry punished incredibly by the covid pandemic. at one point in april 2020 the unemployment rate there was over 28%, twice the national average. it has recovered. erin, when you get hit with a punch like that, it bruises. it bruises for a long time. cortez masto has to deal with that economic anxiety.

the economy has recovered. all the jobs are back, but gas prices tend to be higher out west. look at this. they're more reliant on russian oil. fewer refineries out west. the national average is $3.76. that's down from this summer. look at the price of gas in nevada, just under five bucks. first covid now gas prices and she's a latina in the senate. she's trying to stop a trend that concerns democrats, that is a rising -- may only be modest, but a rising share for donald trump among latino votes. 2016 trump got 29% of the vote. 2020 he moved up to 35%. the republicans are confident they can move up their numbers with latina voters. in a tight race, that could be the difference.

part of cortez masto's pitch is i'm one of you, i understand. obama got 75% of the latino vote in 2008. maybe he can help there. >> now this is what's interesting. joe biden is in florida. it's obama who is going to be in nevada, obama. you mentioned he did so well among latinos there. manu is out there. he spoke to senator cortez and she seemed to dodge, i don't kn know, why don't you have the current president there campaigning? listen. >> do you want the president here, president biden here? >> anybody is welcome here. my focus will be nevada. >> do you want biden to run for re-election? >> i'm focussed on this election. >> biden not going to be in nevada. he's in florida, new mexico, pennsylvania. obama will be there. what does it tell you about the incumbent president and where

democrats think he can help and where he's a liability? >> back in 2010 it was barack obama who was not welcome and it was vice president joe biden out on the road as the surrogate. karma is a funny thing in politics. let's look at our national poll and then we'll go through the states. this is where the president of the united states right now. that's where obama and trump were in their first midterms. obama lost 63 seats and trump lost 45. the president's under water. you can understand why democratic incumbents about having him out there. obama was in wisconsin. he's in nevada. he's in arizona. former presidents don't have the baggage of current baggage. president biden is not welcome in a lot of battle ground

states. he's in florida. his people tell you they don't think he can help in the governor's race or help val demings, but he's raising a ton of money. he can raise a ton of money. the president is helping that way. >> that, as you say, dollars and cents matter most. john, thank you very much. we talk about those eight races and whether the republicans need to flip one. georgia is now in the cross-fire there. that's where raphael warnock and herschel walker remain dead locked. they don't want to go to run-off. they have need 50% to do that. they're trying to secure the votes of black men like themselves who both say they've been abandoned. >> reporter: at churches, in barber shops. >> he's a republican. >> reporter: even at concerts. >> shout out to everybody who is

registered to vote. >> reporter: in georgia and other battle ground states an all-out effort to get black men to vote. >> we're going to make a difference in the world by our vote. our vote. >> reporter: in atlanta these men say their priorities as they look toward november are tied to economics. >> number one priority for me is the black man is -- maintaining my business. >> reporter: in a recent conversation hosted by the atlanta urban league voters say they feel like both parties aren't messaging to them. >> historically i feel like it's been the republicans that, you know, look out for business owners from a tax perspective. >> if the agenda for black men works, it works for everyone. >> reporter: both democratic and republican campaigns competing for black men. >> i'm asking people to trust

me. >> reporter: in the race for georgia's senate seat two black men going head to head. at st. phillip in atlanta -- >> if it wasn't for you brothers voting, georgia would be a different place. >> reporter: a final push from georgia's democratic candidate for governor stacey abrams to highlight her black men agenda. >> we talk to black men, seeing what interests them. we can't take anyone's vote for granted. >> reporter: one voter said he senses republicans are making gains with black men. >> it seems like a percentage of african american males, the business sector, seem to be a little ambivalent about the democratic ticket. >> reporter: even though black voters played a pivotal role in elected joe biden, some democratic strategists share this concern.

>> republicans have spent the time to understand the issues that are of concern to black men, specifically those around access to capital and criminal justice reform. >> reporter: long-time organizers suggest those worries are overstated and are confident black men will turn out for democrats in big numbers in georgia and across the nation. >> the republican party is simply exploiting this idea of we're going towards black men because we know they're upset and there's discontent. >> you don't think the outreach is genuine? >> absolutely not. when you look at their policies, it doesn't reflect that. >> reporter: races that might come down to razor thin margin. >> in georgia elections are won along the edges. ♪ this world didn't give it to me ♪ >> reporter: in one week those efforts to drive black men to

the polls will be put to test. now according to data, about 200,000 black men have turned out in georgia during this early vote period. that's a 46% increase from the midterms in 2018. governor kemp on the campaign trail expressing confidence in the ground game that his team has with voters of color. it's a ground game that stacey abrams has worked to cultivate for years. she just wrapped up an event here. >> eva, thank you. 46% increase in early voting is a stunning number. who knows what it means? we'll see. thank you so much. next, trump's attorney speaking to the january 6th select committee. will trump testify? can the committee control him if he does? plus, i'll speak to a student who was the deadly crowd

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multiple days. ryan goodman is out front, the former special counsel for the defense department. okay. so, they're talking. you know, but here my question. cheney said she doesn't want to be at the mercy of trump, turning this into a circus. how can the committee ensure it doesn't happen? >> they have to put in place that it occurs like a normal deposition behind closed doors and he doesn't get any special treatment. that's the most important -- >> you can't televise it? >> that's right. otherwise it turns it into something totally out of their control and he uses it as a stage or platform, not necessarily even answering their questions. that's what he would very likely do. >> the context here is -- indictment decisions are looming from the doj and also in

georgia. the supreme court ruled against senator lindsey graham. they were unanimous saying, nope, you got to testify. prosecutors are expected to ask graham whether he coordinated with donald trump, this is trump's efforts in georgia election. does this signal there's an indictment coming there in fulton county? >> it's a another strong indicator it is and she wants her ducks in a row to make her decision. the question she can ask lindsey graham point right back to donald trump, the way the supreme court decided this, it leaves it back to where the district court. she is now allowed to ask lindsey graham did you coordinate, did you communicate with the trump campaign? did you exort the state election officials for donald trump's benefit? that's what she needs. >> as you say, that would be

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tonight, survivor. she was crushed by the crowd in the seoul halloween celebration. her feet were lifted off the ground. she said her lungs felt like they were flattened. it spared my next guest, miraculously. a student from mexico who was studying in seoul survived to tell her story and she joins me now. julianna, it is truly a pleerk that you're alive. it is difficult to begin to process what you've endured. how are you doing tonight? >> thank you for having me. i'm doing well, thank you. i'm feeling much better now. >> so in those moments, and when we first heard about this. it was, my gosh, what just

happened? people were lying on the street. no one knew what had occurred. when did you first feel that something was wrong? >> i mean, basically, right when we got out of the subway station, it was already packed. it was completely packed. we were like sardines moving around. the moment i knew something was wrong was when we got to the most popular streets where they had all the restaurants and the bars and stuff. right before where we enter into the alley where the crowd crush happened, that is the moment where we were all completely squished. and they started pushing us down hill. we were up the hill. we started going down the alley. it goes down. so that's the moment when they started push ming me and it wouldn't stop. that's when i knew something terrible was going to happen. >> so now you're here.

you know something terrible will happen. the last photo that you took before that moment. i understand, julianna, was at 10:08 p.m. you were not able to look at your phone again until 10:57 p.m. so tell me what happened during that time, nearly an hour. >> i mean, i couldn't move any single muscle from my body. my body was completely restrained from the neck down. i was luckily, my head was above the surface of all the people. that's the only reason i could breathe. everything in my body, i was completely restrained. my legs were completely squished for at least 30 minutes. i stopped receiving blood circulation to my legs. i couldn't, i stopped feeling them at some point. i literally thought they were going to break. my legs were going to break. i couldn't feel them.

i couldn't move my toes. there were people below me and above me crushing my body completely. there was an unconscious guy on top of me that couldn't help me breathe. my lungs and my chest were completely flattened so i couldn't inhale. i couldn't expand my lungs to breathe. i knew the only way that i could keep being alive was to keep breathing from my mouth. that was the only way that i knew i could survive. my priority there was my lungs. not my legs. to survive. >> julianna, how did you, at this point, you're aware people are unconscious. people are dying. you knew you could die. how did you control the terror? >> i mean, at first, it's a shock. a moment you know when everyone else around you starts, i just saw them start to get unconscious.

there were people screaming for help, calling for police. and then a few minutes later i look at them and they're already unconscious. i'm going to be next. this is the end. this is where it all ends. i'm going to die. i think something, human instinct happened of survival instinct that i didn't know. i don't want the die. i want to see my mom again. i will come back. so she was my motivation to keep breathing. i found a way to keep breathing from my mouth. that's how i survived. >> well, thank you for sharing this. i know it is hard to do it but thank goodness you're okay. i know that it will be a great joy to see her again. thank you so much for telling me the story. >> thank you. the next victims' families today, confronting the parkland shooter.

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finally, last word. the families of parkland school shooting victims speaking directly to the gunman during his formal sentencing hearing. a jury recommended life steps without parole. not the death penalty. in a decision that outraged families.

their heart-wrenching words punctuating their anger. >> he gets daily meals, a roof over his head and a bed to sleep in now. my sister's body is food for carrion, her roof is six feet of dirt and her bed is a coffin. >> one parent who decided against speaking out today was fred guttenberg. he lost his 14-year-old daughter jamie in the massacre. he gave a victim impact statement during the trial. when i spoke to him just weeks ago, he said the conclusion of the trial was a turning point for him. today he explained why. he writes in part, i have decided that it simply won't change the reality of the way i feel. it won't make me feel better. the reality is that i will still visit her at the cemetery and the monster's fate will not change. thank you for joining us tonight. "ac360" begins now. good evening. we begin tonight with breaking news. according to authorities, th