how real is the threat of a mistrial still, areva? >> i don't think it's very likely, kate, at this stage. the judge definitely is going to entertain it because that's what he has to do. but the prosecution will fight very vigorously against any ruling that would cause this case to be declared a mistrial, particularly one with prejudice, which would mean that the prosecution could not retry kyle. i think the judge is going to continue as he is doing today to receive testimony and to allow these lawyers to make their case. i think we're going to see closing arguments if not tomorrow by early next week, and this case is going to the go to the jury, and they're going to decide if the charges filed against kyle rittenhouse result in an acquittal or a conviction. >> how judges think about an issue like that, if he were to grant a mistrial today, there would be another trial. we'd have to do this all again. he knows that this case is one that might actually end in an acquittal. so why not just let the jury decide. then you don't have to wor

areva, we just spoke moments ago. you felt a verdict was imminent.g through your mind right now? >> yeah, i'm a little nervous, to be honest with you, ana. i have these flashbacks with respect to what happened with trayvon martin and george zimmer zi zimmerman. that was a very similar case of authority who thought they were trayvon martin has that issue with george zimmerman. george zimmerman was in fear of his life when he shot and killed trayvon martin. i'm glad the verdict has come in. we've all been waiting very patiently for the jury to make its determination, but to be honest with you, i'm very nervous about what this could mean. >> and a reminder to our viewers, there are a total of nine counts for each of the three defendants, so 27 counts total if you do the math there. and each of these men are facing the same counts that range from murder to aggravated assault to false imprisonment. so when we get the verdict delivered, we are told that it's going to go defendant by defendant. so you'll hear all nine counts verdict for one defendant before

areva, can we take a 30,000-foot view here of what's happened in this trial? by that i mean the prosecutor dove in to such minutia yesterday that i think in some ways people watching lost the thread of, had kyle rittenhouse not brought an ar-15-style rifle top a protest, one he wasn't legally allowed to have, none of this would have happened. was the prosecutor leaning into that enough, or is there a legally relevant reason he wasn't? >> i think, alisyn, he did get lost in the weeds at certain points during his cross examination. overall i thought it was pretty effective. what he wanted to do is make the big-picture argument, which is the kid didn't have legal rights to be in wisconsin during this time period. he was violating the time frame someone should be on the streets. he had a gun he wasn't legally allowed to carry. he entered himself -- put himself into these situations that proved to be violent and volatile. he wanted to show the juxtaposition and the attitude. we saw that emotional breakdown on direct examination by kyle rittenhouse. but then we saw

>> they could be complicated, but i agree with areva.tor has done a very good job at making it very simple for the jury. she talked about how to use the verdict form to start with the underlying felonies, which is what you need to find to get you to felony murder. so i think even though there are three different defendants, the wisdom of the defendants in choosing to be tried together because there's a certain atmospheric taint to that, but even though there are three different defendants with three different roles, i think she has spelled out quite easily how the evidence goes to each person and the idea that like her bank robbery analogy, a lookout person is just as guilty of the shooting that may go on inside the bank as the shooter is. she's done a good job with that. and i think the case has gone in well for the prosecution. i wouldn't expect this to be a long verdict, and you also have the added pressure of a holiday. that jury is working through lunch. they're anxious to get out of there. >> do we expect a lengthy deliberation? wh

and that phrase is what areva is speaking about. the idea of even if the court should rule on a particular motion to suggest i don't want the jury to hear things that are outside of the courtroom or things that you hope will get them to establish this person once a criminal always a criminal or this person had already the intent formed, you know, completely unrelated to the idea of providing medical care to come with the intent to shoot people if property was damaged. the prosecutor thought the door was open by virtue of kyle rittenhouse's testimony and he if he opened had door they're now entitled to do so. and he's making that record. and on that point this is why it's so dangerous sometimes for defends to take the stand. no matter how rehearsed or smart they think they are, if they are not well-versed in the methodology of litigation, of trial procedure and evidentiary rules they may fall to their own hubris. if kyle rittenhouse opens the door that establishes whether he formed some intent prior to those interactions to kill anyb

with us now is cnn senior legal analyst ely hopig, former prosecutor and areva martin. thanks for being with us. elie, your top takeaways. >> i thought the prosecutor was masterful. there were not many dramatics, what you see in movies but in the real world prosecutors are trained to be concise and well-organized and we saw that out of the prosecutor said. the other thing is she was thematic. show kept on hitting on the key themes in very concise little snippets. they made assumptions. they made driveway decisions he was unarmed. he ran away. they chased him down and they attacked him. that kind of very simple well-supported phrase is something that the jury tends to take into the jury room with them and remember. now on the defense side, i thought the defense lawyer was effective as well. his job was to spin the counternarrative and he made the argument that his client had reason to think a crime was committed and believed he was under attack. the problem is a lot of that depended on travis mcmichael's own testimony which i think was heavily undermined during the cross

areva martin, thank you so much for the time. we appreciate it. >> thanks, boris. >> good information, thanks. >>> let's talk about the coronavirus. new cdc data this morning on vaccine rates here in the u.s. right now 70% of u.s. adults are fully vaccinated against covid-19. that's more than 180 million americans since the vaccines became available just to give you perspective there. there are still covid hotspots around the country. coronavirus cases and hospitalizations on the rise again in colorado where officials say there are now fewer than 100 icu beds across the state and 80% of the more than 1200 patients hospitalized with covid-19 are unvaccinated they tell us. unvaccinated federal employees, meanwhile v until end of day tomorrow to get their shots or they risk facing disciplinary action or being fired. >> under president trump's rather -- president biden's vaccines mandate for government workers any employee without a legal exemption must be fully vaccinated. let's get to jasmine wright. you have to forgive me, i spent

areva was on with us earlier this morning and appreciate you sticking around. travis mcmichael said he was acting in self-defense when he shot ahmaud arbery. self-defense may be the crux of the jury's decision here potentially, and the circumstances and situation were vastly different, but kyle rittenhouse was just acquitted using self-defense as an argument. in states with the broad self-defense laws, what do you think about the way that prosecution and defense handled the question of self-defense? >> yeah. good morning, boris. you're right. both cases involved claims by the defendant of self-defense. i think, though, in the arbery case we're going to see something very different than what we saw in the kyle rittenhouse case. keep in mind that defense in ahmaud arbery started with a two-pronged defense. one saying that the actions taken by travis mcmichael and gregory mcmichael were justified under the antiquated citizen arrest law that existed in the state of georgia and that's what gave them the right to begin the chase of ahmaud arbery and then their argume

look at areva. okay? >> you in a good mood, don. >> well, it's friday but awakening.r. >> i love it. those are both my book titles. i love you. >> huge day for britney spears, after 13 years. finally, free from this conservatorship. how long have we been talking about -- does she now have full control of every aspect of her life, areva? >> every aspect of her life, don. her finances, her personal decisions, her reproductive rights, who she dates, who she marries, how many kids she has. every decision that an adult should be able to make, britney can now make. and thank the lord. i agree with her. can we get an amen on that? >> hashtag freed britney. her attorney, mathew rosengart, said a safety net will be in place for spears' finances and personal care. um, that's good but what does it entail? >> well, what we know is that he is going to transfer her assets into a trust. and there is probably going to be a team of lawyers and financial people and people that will help her make her own decisions, rather than having her father -- which is, you know, what happened for t

here, of course, as areva and elliott just said, it makes it more complicated.id this jury no favors. he really botched the instructions. it's going to be so critical what kind of verdict form they are given because that's going to serve as their navigational guide through this morass of charges, including the lesser includeds. >> if they don't come to a unanimous decision, if there's a hung jury, that -- that would have to potnt yell potntially l another retrial. >> a hung jury will be a victory for the defense. lots of things can happen in that decision to retry. they might reach a plea agreement. witnesses' memories fade. so a hung jury ending in mistrial say victory for the defense. >> elliott, the jury is not formally sequestered we're told. in a trial that's gained so much national attention like this one, should they be? >> judges really, wolf, really like to avoid sequestering juries. i think it's an incredibly stressful experience being on a jury in the first place and then sequestering them on top of that. the law presumes that jurors can follow direct

look at areva, okay?. >> awakening, you're making it rain on that cover. >> i love it. those are both of my book titles. i love you. >> huge day for britney spears after 13 years finally free from this conservatorship. how long have we been talking about -- does she have full control of every aspect of her life? >> every aspect of her life, don, her finances, her personal decisions, her reproductive rights, who she dates, who she married, how many kids she has, every decision an adult should be able to make britney can make and thank the lord, i agree with her. can we get an amen on that. >> #freedbritney. her attorney said a safety net will be in place for spears' finances and personal care. that's good but what does it entail? >> well, what we know is that he's going to transfer her assets into a trust and that's probably a team of lawyers and financial people and people that will help her make her own decisions rather than having her father, which is what happened for the last 13 years and other lawyer

. >> civil rights attorney and cnn illegal analyst areva martin.om the judge when he was sentencing christopher belter. >> i agonized, i -- i'm not ashamed that to say that i actually prayed over what is the appropriate sentence in this case because there was great pain, there was great harm. there were multiple crimes committed. >> this is a man who has admitted, christopher belter, admitted that he did this. he pled guilty. these were felony charges. he's charged as an adult. what's your gut reaction to all of this? >> really outraged, christie. unbelievable, incomprehensible statements by this judge, an abuse of his authority clearly p but we've seen this before. i wish i could say this is a first. it's not. we've seen many instances where white, wealthy defendants are given lighter sentences or no sentences at all and merely because of their privilege, merely because of their sosh year economic status and this is a prime example of that. when you think of ethan couch whose defense team introduced this whole concept because he had been raised wi

. >> areva, the three men are claiming that they were making a citizens arrest after pursuing arberyitizens arrest law in georgia has since been largely repealed, but it was the law at the time. does that offer any potential legal protection for the defendants here? >> i don't think so, jim. i think the argument is fatally flawed. a couple problems to begin with. one, the defendants say that they were making a citizens arrest, but what we will see in the videotape, there was never any mention of citizens arrest by either of these defendants, gregory mcmichael, travis mcmichael, or even this third defendant that's on trial. no one ever said to arbery, you know, stop, ahmaud, we're trying to arrest you under this citizens arrest, you know, statute. you have this big problem with the defense, which is they are the initial aggressors. they chased ahmaud down in this neighborhood. they trapped ahmaud with this vehicle. there's going to be testimony that there were four efforts, and we heard that in the opening statement by the prosecutor, by the third defendant, william bryan to trap ahma

areva, the defense's big witness was that use of force witness today. he recounted the night activities based upon analysis from video taken that night. the witness confirmed the amount of time that passed from the first shot to the last shots. let me just play this for you. >> can you tell us the amount of time that passes between the first shot of observation number 8 to joseph rosenbaum and the final shot? >> approximately 1 minute and 20 seconds. >> areva, why was this witness so important to the defense? >> important for a couple of reasons, erin. one, again, establishing the timing. establishing that kyle only fired his weapon after he was attacked by the two people that he killed and then the one person that he injured. and also the quickness of which kyle was acting. the defense wants this to be a very chaotic scene. they want the jurors to understand that kyle was acting very quickly because he was under attack by mr. rosenbaum, by mr. huber and so this puts the jurors in that situation, that very chaotic scene and he was having to act very qui

. >> areva martin is a cnn legal analyst and the author of "make it rain."he joins me from los angeles. good to have you with us. >> hi, rosemary. >> jury deliberations begin in just a few hours from now in the rittenhouse trial after the defense and prosecution wrapped up their closing arguments. the prosecution saying ritten house went looking for trouble in kenosha last year, the defense saying he acted in self-defense when he shot and killed two men and wounded another. what's your assessment of those two very different arguments? >> well, i think the prosecution did a really effective job. they introduced this concept that kyle rittenhouse was this active shooter, and that term, active shooter, is used typically in like mall shootings or these mass shootings that occur on school campuses. so i think by painting him as an active shooter, it really gave the jurors a visual of someone who was, you know, going from location to location, firing this weapon in a reckless way and wreaking havoc on this entire event that was going on, this protest. so i think t

i want to bring in areva martin and a criminal defense attorney to discuss where we are in this trial which is at this criminal phase. search women, five men, only one man is a person of color. that is who is deliberate as we speak. based on the evidence and the closing arguments we all heard live here yesterday, how hard do you think it will be to done to a unanimous verdict, and do you read anything into that one question that has so far been sent to the court? >> well, ana, i read into that question which is what everyone saw which is the confusion that the judge created by reading the jury instructions. first of all, self-defense as an instruction is already difficult enough and then you add the additional charge of provocation so now you have the complication upon complication and then you have the judge reading the instructions. he would some and he would start and he would read a paragraph over. would have discussion and hold his head so i'm not surprised that the jurors have asked to see those pages again because they want to make sure that they are clear. the jury instruction

. >>> areva martin, author of "awa "awakening."t do you think of this pivotal day some court and the effect of these videos? >> i think the videos are going to have a profound impact on the jurors. watching kyle rittenhouse shoot those three men, i think the jurors have to grapple with the fact that the men were unarmed. they didn't have a gun, as the detective testified to. they didn't have a bat, club, they didn't have any weapon, yet he used the force that he did and killed two people and injured another. that will have a profound impact on these jurors >> what about the video of him speaking? >> also, we hear him appointing himself almost as if he's either law enforcement or some extension of law enforcement, that he was there to protect property, haefs there to get into harm's way. again, the jurors are going to have to grapple with why is this 17-year-old involved in what's going on? this is a protest. we should keep in mind. this is a protest over the shooting of jacob blake, shot by police in wisconsin. and here the 17-year

i want to bring in areva martin right now. so good to see you.des to focus on during their closing statements? >> yes, fred. i think what we're going to see from the prosecution is an attempt to remind the jurors that kyle rittenhouse was a teenager that crossed state lines with a weapon that he wasn't legally should have been in possession of, that he went to a business that he said he was there to protect, but the business had not invited him to be there, but he left the premises of that business, and he had no training in medical care, and he shot and killed two unarmed men, and that he wounded a third man, and that he inserted himself in this very volatile situation, and for the prosecution, they were given a lifeline, and this judge on friday allowed the jurors to hear lesser included charges and to get a jury instruction for provocation. this means the actions were set in motion by kyle rittenhouse and that undermines his self-defense. on the other hand, the defense will try to drive home that kyle rittenhouse was only responding to attacks

areva, do you think the defense has injected enough doubt to give the jury some pause on at least some >> definitely i think the defense has made some significant headway with respect to this, their self-defense claim. they've had several witnesses that have come forward to testify that, you know, the individuals that were shot like mr. rosenbaum were, in fact, the aggressors. the last witness of the day testified he witnessed mr. rosenbaum chase rittenhouse. that he witnessed rosenbaum charge at rittenhouse. again, all supporting the self-defense claim of kyle rittenhouse. but i think he made an exleapt point about this case has always been about this under-age person getting a gun that he wasn't legally entitled to have, crossing state lines, violating the curfew that was in place in wisconsin at the time, and injecting himself into this rather chaotic scene. so i think the jurors are going to have to juxtapose that bigger narrative with the evidence that's been presented by the defense that rittenhouse believed that his life was in danger when he fired those shots. >> so, the prosec

. >> for more on all of this, we want to bring in cnn legal analyst areva martin.hanks so much for joining us. >> hi, rosemary. >> so jury deliberations begin in just a few hours from now in the ahmaud arbery murder trial. just yesterday, we heard shocking closing arguments from one of the defense lawyers that prompted outrage when she talked about arbery's toenails in an effort to portray the unarmed black man as a criminal. what was your reaction to what she said, and how should the judge have responded to that? >> it was pretty galling, rosemary, to say the least. to make it so personal. she tried to paint this picture of ahmaud arbery being some kind of nefarious character. really laying into this theme that this was some kind of idyllic neighborhood and that he didn't belong in this neighborhood. i think it was playing into tired, old, racist tropes. i think it brought up a lot of pain for the family and for many people that were watching, trying to suggest that somehow because he was a black man, it didn't fit the mold, didn't look like the other residents of

. >> let's talk to areva martin, she's a civil rights attorney. it's good to have you here.n the last 24 hours, i have heard many legal analysts just skewer the prosecution and say they were woefully unprepared. do you believe that to be the case? >> i think, christi, there were some missteps made by the prosecution. but i think we can't lose sight the fact that the standard self-defense in the state of wisconsin, really high burden for the prosecution to meet. the prosecution had to prove beyond reasonable doubt that kyle rittenhouse wasn't acting in self-defense. and that's a really high bar, so i think lawyers can debate whether the prosecution did a good job or not. whether they should have put some witnesses on the stand. whether they should have made a different opening statement. we can pick apart the performance by the prosecutors but i think we have to focus on the bigger issues in the case. >> bigger issues mean something of the facts of the case, some of the evidence, the video we've talked about a lot, and that it was good for the defense. with that said, do you

. >>> of leaving the areva, dexter dennis stayed to help some of those who support him the most, thetaff. the jr. god sported here picking up trash. he declined a request saying he does not want the publicity but the facility director was happy to speak up. >>> from our custodial staff out to him, we want to say thank you for leading and showing us that there are -- out there to recognize the hard work. smith he said helping others helps him keep his perspective on life. i love seeing th >>> traffic moving slowly for a late night. of mecca >>> late show with stephen colbert is next. >> innkeeper watching. the news continues on cbsn bay area. (mellow music) - the bay area is a golden destination and healthy living. but are you missing out on life's simple joys,

. >>> of leaving the areva, dexter dennis stayed to help some of those who support him the most, the jr. god sported here picking up trash. he declined a request saying he does not want the publicity but the facility di >>> from our custodial staff out to him, we want to say thank you for leading and showing us that there are -- out there to recognize the hard work. smith he said helping others helps him keep his perspective on life. i love seeing th on] -great party, carlene. you must have blown your budget. -not exactly. -you have great name-brand snacks, tons of meat... and where did you get this imported cheese? -hello! grocery outlet, bargain market. -♪ grocery outlet bargain market ♪ -with this holiday set to bust your wallet, your neighborhood grocery outlet is the destination for savings of 40 to 70 percent on your whole meal with deals like 14 dollars off your turkey. we're all ready for a real vacation. one where you can sip tropical drinks with fruity garnishes, without having to get up. a vacation where you don't have to sweat the small stuff, like rummaging for room keys

let's bring in civil rights attorney areva martin. fast forward to monday morning. does the prosecution or the defense have more of an uphill climb to convince the jury? >> i think the prosecution in the case does. this case when it started was about this vigilante type person, kyle rittenhouse, who inserted himself into the volatile situation and was the aggressor, shooting two people, wounding -- shooting and killing two people and wounding a third person. what we've seen over the last couple days are defense witnesses that have come forward to corroborate the self-defense argument put forth by the rittenhouse team. we saw that last witness drew hernandez come forward and say he saw mr. rosenbaum charge at kyle rittenhouse and saw mr. rosenbaum acting in an aggressive and violent manner, all supporting kyle rittenhouse's statement or his testimony that he had no choice but to shoot mr. rosenbaum because he feared for his life. i think there are holes in the prosecutor's case that they're going to have to show this jury that this case is really about this teenager

joining us, civil rights attorney and legal analyst areva martin. thank you so much for joining us. it. prosecutors, this has been such a bizarre case. prosecutors have asked the judge if he'd give the jury instructions on lesser charges following closing arguments on monday. the judge said he will give his final decision on that i think today. explain the significance of that if he allows this. that seems pretty important. >> this is a big development, jim. as we just heard in that piece, the prosecution has struggled throughout this case. many of its own witnesses that it put on to help buttress this case actually gave testimony that was favorable to kyle rittenhouse and reinforced his theory that he acted out of self-defense in this very chaotic environment. these lesser included offenses i think is a lifeline to the prosecution. from a procedural standpoint, the jury will get instructions on the original charges, and if they can't find that the prosecution has met its burden of proof in terms of being guilty beyond a reasonable doubt, they then move on to those lesser charges. a

areva martin, thank you so much. is likely to be a very unpredictable week. thank you, and we'll be right back. [coins clinking in jar] ♪ you can get it if you really want it, by jimmy cliff ♪ [suitcase closing] [gusts of wind] [ding] ♪ thousands of women with metastatic breast cancer are living in the moment and taking ibrance. ibrance with an aromatase inhibitor is for postmenopausal women or for men with hr+, her2- metastatic breast cancer as the first hormonal based therapy. ibrance plus letrozole significantly delayed disease progression versus letrozole. ibrance may cause low white blood cell counts that may lead to serious infections. ibrance may cause severe inflammation of the lungs. both of these can lead to death. tell your doctor if you have new or worsening chest pain, cough, or trouble breathing. before taking ibrance, tell your doctor if you have fever, chills, or other signs of infection, liver or kidney problems, are or plan to become pregnant, or are breastfeeding. for more information about side ef

let's bring in now cnn legal analyst areva martin, joey jackson and senior legal analyst elie honig. we've done this often enough where i know that you will say juries like to be told a story. they need a narrative. what is the story in the last hour and 17 minutes that this prosecutor, thomas binger, is trying to tell this jury? >> you read my mind, victor. i asked the exact same question. so far, this is really subpar cross-examination. they're not going to the heart of the case here. what happened. they may be getting there right now but what happened in those crucial moments, seconds right before rittenhouse. >> i'm going back into the courtroom. >> ipads made by apple have artificial intelligence in them that allow things to be viewed through three dimensions and log rhythms. >> log rhythms? i don't understand it all either. and it uses artificial intelligence or their log rhythms to create what they believe is happening. so this isn't actually enhanced video. this is apple's ipad programming creating what it thinks is there. not what necessarily is there. and i don't know what'