tv Erin Burnett Out Front CNN May 6, 2015 4:00pm-5:01pm PDT
certainly agree with you, gore yeah as we always do. thanks very much for watching. i'm wolf blitzer in "the situation room." our breaking news coverage of the tornado watch in oklahoma begins right now with erin burnett "outfront." "outfront" tonight, breaking news. tornados slamming the midwest at this hour. oklahoma city in a tornado emergency. we have a live report next. major questions tonight about the case against six officers charged in the death of freddie gray. why it could all come down to the knife gray was carrying when he was arrested. more breaking news from the nfl. it says the patriots quarterback tom brady likely knew the footballs he was using were deflated. will he pay a price? let's go "outfront." good evening. i'm erin burnett.
"outfront" we begin with writing news. tornados massive ones touching down across the midwest. kansas and oklahoma warnings of more to come. oklahoma city right now in a "tornado emergency." this is a pretty incredible image. this is a tornado we have just confirmed touched down west of wichita, kansas. a tornado warning as i indicated now for the whole metro area of oklahoma city. millions of americans in the path of these incredibly dangerous storms tonight. these are live pictures from just moments ago. a tornado touching down outside oklahoma city. people being urged to take cover. the airport there now evacuated. no passengers no employees. and that emergency now for tornados has been extended. it's not just oklahoma city. it now includes moore, oklahoma the city that this whole nation saw flattened by a tornado just two years ago. our meteorologist jennifer grey is tracking the breaking news. jennifer how does it look right now? you're looking at a whole lot of storms it appears converging
right in these highly populated areas. >> yeah absolutely. we've been tracking these for the last several hours. and we just got word that a tornado emergency right now for portions of norman. if you are in the norman area take cover. we had reports of brief touchdown around 48th street north side of the campus ou's campus. so we are looking at very strong storms that have had a path of destructive and violent tornados. we've seen large tornados with this storm. passed through newcastle just a few mopes ago. moore is getting very heavy rain. we or the lookout for these strong storms to continue on the same track. they're just on the south side of oklahoma city. their airport has evacuated. they sent everyone to the tunnels underneath a safe spot. so if you are in the norman area the area of 36th avenue northwest between there and 48th street and especially right around west franklin you need to take cover.
this is heading to the northeast at about 25 miles per hour. and so norman the area that we are watching right now. looks like it's to the south of moore. it's going to pass just to the south of there. get into your safe spot. this is a fluid situation. you can see the ominous-looking pictures on your screen. and the scary part about this is a lot of these storms are what you call rain wrapped. the tornado can be wrapped in rain. you look out your window you don't see anything but there well could be a tornado inside there. take cover if you are in that tornado-warned area. >> that's terrifying. it's incredible when you can see them from afar. but perhaps even more terrifying when you don't even see it coming. thank you very much. we're going to be monitoring this minute by minute watching the radar, talking to our storm chase chasers. also tonight our other big story, major questions about the case against six officers charged in the death of freddie gray. an attorney for one of the police officers charged in gray's death says that his knife
was illegal. now, that is crucial. because if true it makes his arrest completely fair. it's a major claim that could derail part of the case against the police. the attorney demanding investigators hand over that knife. meanwhile the prosecutors, marilyn mosby, says in a statement "i refuse to litigate this case through the media. the evidence we have collected cannot ethically be disclosed, relayed or released to the public before trial." she is standing by her original bombshell allegation. >> the knife was not a switch blade and is lawful under maryland law. lieutenant rice officer miller and officer narrow illegally arrested mr. gray. >> very major statement. she says the arrest never should have happened. she based her major charged on that knife being legal. what kind of knife about freddie gray carry? the answer to that question is now at the very center of this case. athena jones is "outfront" live in baltimore.
athena she's talking about the state of maryland but the rules in baltimore city are different for knives. what are you learning about this crucial question? >> what we're learning is that there's a lot of disagreement over whether the knife freddie gray was carrying was legal or not. there are also people questioning whether maybe the knife was legal in the state of batltimore -- or the maryland but not legal in the city of baltimore. motions that have now been file the by two attorneys for two of the police officers in this case, those motions don't mention city code city code in baltimore. they both say "gray's knife was not lawful under maryland law." of course we haven't seen the knife. why does all of this matter? it matters because it goes to determining whether it was legal to arrest freddy x-ray in the first place. was freddie gray's arrest illegal? it's a crucial part of the argument made by prosecutor
marilyn mosby in charging six baltimore police officers in in his death. >> the blade of the knife was holded into the handle. the knife was not a switch blade and is lawful under maryland law. >> reporter: which is why mosby is charging three of the six officers with false imprisonment and argues gray should never have been arrested in the first place. but lawyers for arresting officers edward fairnero and garrett miller say she got it wrong and the life was illegal under maryland law, demand the state produce the knife to prove they're right. neither lawyer would speak about pending litigation. according to maryland state law, a knife is illegal if the blade automatically deploys with the push of a button without manual assistant. >> legal or illegal all comes down to a spring? >> absolutely a spring essentially. this is the one that kind of gets closer to a switch blade or automatic knife. it's got a spring inside.
it clicks or flicks the rest of the way open. bang. >> spring-assisted but still legal? >> reporter: if successful the knife argument could derail the case xwaeps officers says a former prosecutor who has been critical of the charges and how quickly mosby filed them. if the knife is illegal -- >> those two arresting officers will be completely exonerated. her whole case depends, against those two, depends upon illegal arrest. >> reporter: meanwhile the mayor is calling for the justice department to investigate the baltimore police department to determine whether they have violated residents' civil rights. >> i'm asking the department of justice to investigate if our police department has engaged in a pattern or practice of stops, searches or arrests that violate the fourth amendment. >> reporter: a similar doj probe of the ferguson missouri police department found serious civil rights violations. attorney general loretta lynch is "actively considering whether
to open such an investigation." one more thing, erin. the baltimore mayor also said today the baltimore police department will get body cameras by the end of the year. >> i know very significant development as well. athena jones reporting from baltimore "outfront" tonight. jeremy elbridge a former prosecutor in the baltimore state attorney's office he work with marilyn mosby, the prosecutor for four years, he knows her. cnn commenter lamont hill and legal analyst paul cowin who served on the defense as well as the prosecution side of things. as athena points out, this is a crucial piece of evidence. this knife, it's really at the heart of this case in many ways. it is the reason officers gave for the arrest right? they said we stopped him because he was running, we found this knife, it was illegal. that is their justification for the knife. so if it -- for the arrest. if it turned out that the knife was illegal, that they are in
the right in the arrest what does that mean for the case? >> what it means is that the state is going to have a very difficult time proving these charges. what it comes down to is that the crux of the state's case is that this knife is illegal. when you look at the baltimore city code there's argument any sort of spring assistance in this knife should show it in fact was unlawful. the defense attorneys have jumped forward, quickly filing these motions in an attempt to either litigate this at the preliminary hearing or if these officers are indicted jump on immediately when it's transferred to circuit court. >> this one officer owns facing full murder charges. there are two that i know the knife is very central to. but the officer facing murder charges, second-degree murder officer goodson, the man who was driving the van. if the knife was illegal and therefore the arrest justified, does it affect his case the case against him for murder? >> i think due to the fact that all of these individuals are charged together, if there comes
down to be a credibility issue with regard to the charging documents, a credibility issue with regard to the state's case it is obviously going to affect all of the officer's charges. undeniably there will be greater impact with regard to the two officers involved in the infancy of the stop and recovery of the knife. undeniably, if this knife is found to be lawful that's going to be a giant stain on the charge by the state's attorney it's going to change the public idea. we haven't chosen the jury so the public is going to hear this information. ultimately it may well be considered should this case go to trial. >> you hear marilyn mosby, she was definitive about the issue. the arrest was lawful the gun -- sorry, the knife -- was legal. right? if those things are wrong and she was so definitive how can that not hurt the credibility? >> it absolutely would hurt the credibility of the case of the charges documents, of everything. it's hard for me to imagine she would be wrong. not because i have an investment in believing her or not, she has it in front of her, the law is
clear. you need a spring. one-handed knife that can open up with spring action. they had a week ten days to look at this knife to determine if it was legal or not. the sense we got from the press conference was that it was clearly not illegal. >> she was definitive not nuanced. >> i can't imagine she'd strategically put bad information out there. >> one of the defense attorneys is saying, give us the did 95,the knife. >> i think the idea for her, first of all not have to respond to these thing in the media. every time they make a request which is filtered through the media, they're on the defensive again. that could be -- you can speak to this -- a great defense strategy. >> she'll have the right -- she'll have to turn over the knife to the defense eventually. it's only a question of timing. maybe it's premature now. but certainly as the case goes on they have a right to look at the evidence. >> to the point that mark's making she wouldn't have been so definitive if she didn't
think she was right. maybe she's wrong, maybe there's a gray area where does the spring pop or not pop or something that's nuanced. because then it gets to the question of, let's say they stopped him, they found the knife. you have to prove, don't you, that the officer knew the knife, for a fact. if there's a gray area that the officer may have thought that knife was illegal, even if he's wrong, the arrest is still justified, isn't it? >> absolutely. you have to set the whole case up to understand what was going on. the lieutenant and the two other officers are on bike patrol. they see freddie gray running suddenly. so they pursue him. now they're within their rights to do that. he's in a high-crime neighborhood. when they stop him, though to handcuff him and take him to the station, they have to have a crime. so the knife becomes very very important. and remember two of those officers are working for the lieutenant. they're going to come in and say, the lieutenant said there were grounds to make an arrest how can you blame us? there go two cops in the
indictment right there. now you've got the lieutenant. and she's looking at the knife saying well it's a legal knife. it was described as spring-assisted and those are generally illegal. one other thing, even here in manhattan, home depot and some of the other major stores that sell hardware were investigated by the manhattan d.a. because they were selling illegal knifes without knowing it. they got advice from their lawyers. their lawyers said looks like a legal one to me. >> it didn't sound definitive. >> if the cop on the street says i don't know it's got a spring i thought it was an illegal knife, that's a pretty good defense that it wasn't a pretext arrest to punish freddie gray. >> the narrative right now for many of us is this was a pretext. >> pretext, they're mad because they had to chase him, he had a long record and you know what let's teach him a lesson. so they throw him into the von without any good grounds, give
him rough those rough rides, he breaks his spine. so this -- >> this changes it. >> those 2 two off cert. >> for those two officers. >> thanks to alley are all three of you. as we try to get to the heart of this case some of these questions are crucial. next new dash cam video. police pull their guns on a car that had -- was full of black parole officers. were they racially profiled? those officers are speaking "outfront." breaking news. the nfl says tom brady likely knew the footballs he was using were deflated. so how does he stand by this? >> i have no knowledge of anything. i have no knowledge of any wrongdoing. breaking news massive tornados tearing across the midwest, we'll go there live. when a moment spontaneously turns romantic
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major allegations of racial profiling. in an exclusive interview, four black new york state parole officers tell "outfront" they were on official business when they were held at gunpoint by white local police officers. now the officers as you can see from this dash cam video were driving through ramapo north of new york city. their car was stopped by a group of white officers. the white officers had their
guns drawn. now, those officers say the stop was justified. they say a resident had called 911, warned them about four "big people" wearing bullet-proof vests getting out of an unmarked car. jason carroll is "outfront." >> reporter: it was a tense scene in upstate new york in april as ramapo police can be seen on dash cam video approaching a car filled with four passengers wearing bullet-proof vests. guns drawn. all signs pointed to a serious situation. the video shows one person getting out of the car with his hands up. minutes later, audio from a second dash camera reveals the situation is not what it appears. >> all units that are not at that location disregard. >> reporter: the car's occupants are four new york state parole officers out executing a search warrant. those officers say they were
stopped because they are african-american. >> there is no doubt. if i was caucasian, i would not be standing here. >> reporter: all four officers say they immediately identified themselves to ramapo police were wearing their shields, and offered to show identification. >> no matter what we did to show or verify that we were the aggressive treatment continued. >> i was violently pulled out of the vehicle. and i was slammed against the vehicle. >> reporter: the parole officers filed a civil suit against the ramapo police department and the city alleging their civil rights were violated. >> they were assaulted and battered at gunpoint. mariel alexander was dragged out of his government vehicle. >> reporter: the dash cam video does not appear to show parole officer mario alexander being slammed against a vehicle. >> at what point were you
assaulted or battered? >> assault in the civil context of the law is being threatened with force. that's an assault. >> reporter: ramapo police say they made the stop because they were responding to this 911 call. >> and i saw a plain chevy navajo -- impala car with four buying people get out of it and i thought they had bullet-proof vests and shields on -- >> the 911 call did not identify you by race. >> we can only go from the tape that was released by the people that we are suing. >> reporter: ramapo police referred no one cnn to the city's attorney who says the actions of the police officers involved were reasonable under the circumstances. there was a 911 call indicating suspicious activity. the attorney says the parole officers had not notified the police they would be in town, a
common courtesy and were allowed on their way promptly after they were identified. neither the parole officers nor their attorney would say how long they were held but they were clear on how they felt they were treatmented. erin the attorney representing the parole officers says that this would not indicate how much they are suing the police for, but they say at the very least these officers should be disciplined for what happened that day. >> jason carroll, thank you very much. i think the chance to talk to them brings a lot to light. former new york city police officer bill stop ton, political commentator van jones. bill you were shaking your head through that whole piece. you say there's no way this was racial profiling, why? >> well show me other than people saying it's racism show me the proof where it actually is racism. they were responding to a legal call. four people with bullet-proof vests on. i watched that video many many
times. i see no racism. there was no words of racial epithets. there was no assault. they were doing their job. >> they were doing their job. all right, van, as jason carroll mentioned in the piece, the call to 911 the police were responding to the white officers didn't mention race they just said there were big people in the car wearing bullet-proof vests. so you don't even have race in the call to 911. how is it racial profiling? >> well listen. we will see as more facts come out. i can tell you why those officers may have felt that it was racial profiling. first of all, you have numerous incidents across the country where actual african-american police officers undercover have been shot by white officers. probably what their expectation was, that the minute they got pulled over and said we're cops they've got their shields on that they would be treated like law enforcement officers. instead, that did not happen. apparently the behavior stayed
aggressive. listen you've got to remember you've got to ask yourself at each stop along the way, would someone have called the police on a bunch of white guys wearing what to me look like police -- typical police tactical gear? would they have called -- would the cops have come out with guns right away? every steppal the way you have to ask the question was there racial bias here? i think it's reasonable to believe, given the pattern, that maybe something did happen. >> bill he does have a point. the problem with racial profiling in many instances is it isn't clear. it isn't obvious. somebody didn't use a word. nonetheless, it happened. let me ask you the parole officers did not notify local police they were coming. that's usually a university courtesy that they make that kind of call. as paul points out there's no law mandating they do that it doesn't always happen. maybe in a small town there was a reason they didn't want to maybe they knew some officers had a relationship with the person they were going after. there could be a back story we
don't know is the point paul was making. does that change this? >> absolutely not. with respect to mr. jones, i think it's racism to call it racism. where less than a week ago we have a police officer, not a white cop, not a black cop, a cop, that was summarily executed shot in the head. these cops go out every day. they were responding to a call. four people in bullet-proof vests. in today's climate of terrorism, of people impersonating police officers they did nothing wrong. i think it's a far overreach with the facts as they are today to say that's racism. i think that's wrong. because what you're doing to every honest cop across the country, you're making them not want to do their job. and what's our recourse when that happens? >> van? >> i mean that is just ludicrous and offensive and just completely out of line. to say that people -- you don't know what was said or not said in that situation, you don't know what the standard practice
is for other people who are doing the same job who are white in that area. those people may say, listen, every single time people have had this kind of experience. for you to say it's racist to raise the question i think is wrong. this is part of why we have the breakdown in communication. i was trying to be very polite earlier and say it could be. you come back and call me a racist and call these other people who are fellow law enforcement officers racist for exercising their right under our constitution. that is the problem. we've got to be able to have a conversation where we look at these ambiguous facts and try to work our way through. i think it's inappropriate for you to call us officers racist. i think it's wrong to do that. they have a right under our constitution to rate these claims and have them adjudicated in a court of law and that is exactly what they are doing. >> follow the facts, that's all i say. >> i appreciate it and we'll follow that story and have that conversation. "outfront" next -- >> i feel like i've always played with the rules. i would never do anything to break the rules.
>> an nfl report on deflategate disagrees. did tom brady cheat? did he cheat to get that super bowl ring? back to our breaking story, tornados slamming the midwest at this hour. these are live pictures right near oklahoma city. that major metropolitan area in the crosshairs of major storms, some of which can be wrapped in so much rain you don't see the funnel approaching. and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. success starts with the right connections. introducing miracle-gro liquafeed universal feeder. turn any hose connection into a clever feeding system for a well-fed garden. miracle-gro. life starts here. listen up... i'm reworking the menu. veggies you're cool... mayo, corn dogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure.
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destructive tornados on the ground tearing through the midwest in the u.s. millions of americans in the storm's path being told to take cover. we are seeing major reports of damage in oklahoma and kansas and nebraska. and we have just confirmed a tornado touching down west of wichita. there's a tornado emergency for oklahoma city and moore which is the town that was devastated by in 2013. remember those horrible images of that school completely devastated. "outfront" is captain paul tip moneys on the ground with the oklahoma highway patrol. captain tip moneys i know where you are. you've described zero
visibility there's no much rain. you're trying to get to affected areas that have been hit by tornados. you haven't been able to get there. what kind of damage are you seeing? >> debris from homes businesses in the area. i know we have been able to confirm there was a semi blown over and we're trying to get update. there's debris everywhere. there's a lot of water on the roadway making it also difficult to get through. >> and in terms of the storms themselves i understand because it's raping so hard it's not even at this point you can see when a tornado's coming it's too hard to discern it. >> that's correct. it is raining really hard in the southwest part of the city right now. and visibility's almost zero. >> how concerned are you, captain, about the damage? i know you're not able to get to a lot of places. but homes, businesses destroyed. people obviously at risk. do you have any sense of how bad it is? >> well, just based on past
roar you have to be really concerned. those areas have been affected numerous times in the past by these storms or storms in the past. and you have to have a high degree of concern for those people and businesses in that area. >> captain timmons, appreciate you taking the time, stay safe. as we said the oklahoma highway patrol trying to get to people already hit by devastating tornados. we keep watching that breaking news. meantime more breaking news. a verdict. an investigation has found the new england patriots probably tampered with footballs ahead of that crucial playoff game in their run to the super bowl. the other way of putting this would mean cheated. cheated by making footballs easier to throw. the report states "it is more probable than not that two team staffers released air from the footballs." and the bombshell, tom brady, also indicted. investigators say the star quarterback was "at least generally aware of the
inappropriate activities taking place." if that's true tom brady lied to the country again and again. >> i didn't alter the ball in any way. when i picked those balls out, at that point, to me they're perfect. i don't want anyone touching the balls after that i don't want anyone rubbing them putting any air in them taking any air out. i would never do anything outside of the rules of the play. i'm not a conspiracy theorist. i don't know what happened. i mean, i -- i have no explanation for it. >> so will the nfl punish one of the biggest stars in football history? our coverage begins "outfront." >> deflategate still grabbing headlines. >> reporter: tom brady and the pop culture echo chamber for all the wrong reasons. >> i think you're pretending to know less than you actually do. >> whaaaaaat?
>> reporter: is the patriots quarterback a cheater? or the all-american squeaky clean qb kids love? tom brady being asked that himself. >> is tom brady a cheater? >> i don't believe so. >> reporter: the very accusation challenges a career-long built goodson. on his facebook page he posts pictures of the goofy boy who despite a solid college football career prepared this resume for a nonfootball job just in case he wasn't drafted. he was, deep in the sixth round. no one knew his name until a sudden injury struck patriots quarterback drew bledsoe. lee steinberg remembers that moment clearly because he was bledsoe's sports agent. >> did tom brady's ascension surprise every sports agent? >> i think it surprised everyone. you don't expect a sixth-round draft pick to come in and become the dominant quarterback of his
time. >> reporter: he's defied expectations since. >> you only get so many time-outs. >> reporter: in the commercial world bucking the trend, taking on very few sponsors a deliberate snub of potentially millions of dollars. part of an image tightly managed and controlled. his one fumble to that image, brady dated actress bridget moynihan. they publicly split when she was pregnant. boff moynihan gave bird brady was already dating supermodel gisele bundchen a public mess quickly forgiven by male and female sports fans. >> is that something fans care about? >> the fact that he married the highest-paid model in the world, good for him. >> reporter: but spygate followed. in 2007 the nfl fined the patriots for cheating videotaping signals from their opponents. >> how did tom brady come out of spygate? >> untarnished. he's been teflon-coated. movie star-handsome. rarely makes an offensive statement.
>> reporter: people are talking about him as a cheater. >> americans don't like cheaters. if one person in the world has a real chance to have people believe him, it's tom brady. >> now cnn sports analyst, nine-year veteran of the nfl, former nfl player such as you. you heard tom brady say again and again, i know nothing, didn't know anything was wrong, never would do it not in a million years. this report says that is likely not true. how bad is this for the players, that perhaps the greatest quarterback of his generation if not more than that may have point-blank lied? >> it's a bad look. ted wells spent 108 days over three months investigating this. doesn't matter whether i think he did it. ted wells said it's probable that tom brady was aware of what was happening, that jim mcnally and the official locker attendant and the assistant equipment manager pushily
deflated those footballs to gain a competitive advantage. and to me that is a big, bold statement that here we have this untouchable, as we saw in the package, an untouchable superstar involved in a second case of cheating. you had the patriots with spygate years ago. >> right. >> they were videotaping other teams' sidelines. the hammer was brought down on them then. $500,000 fine to bill belichick, head coach. $250,000 to the organization. loss of a first-round draft pick. and here we are again just years later, same situation, trying to gain a competitive advantage. the investigator ted wells said that it is probable that not only did it happen but that also tom brady was generally aware of it. >> i mean incredible. that would mean they won a super bowl under false pretenses. that's one of the greatest crowns in world sports. this is a league that suspended a linebacker for smoking pot. okay? if you get suspended for smoking
pot, which is becoming legal in states across the country, what happens when you point-blank lie about inflating -- deflating footballs, getting ready for one of the greatest games in american sports? >> that's a great question erin. you look at that situation. smoking marijuana. it's conduct detrimental to the league. then what is cheating? how detrimental is that to the nfl? the greatest sports league in the united states, one of the best in the world, if not the best. so now you have this scenario where roger goodell is going to look at this report. if he finds it's probable that this happened and that it again is a second offense of cheating in this situation, you have to think he's really going to bring down the hammer in this scenario. we talked about what they were initially. i think they're going to at least fine the organization the $500,000 -- excuse me, belichick was fined $500,000 that case. the organization was $250,000. they lost that first-round draft pick. i think they're these going to hand down that sort of fine to
give perspective did players. what are the players saying? i talked to a hall of fame player just moments ago on my way here. and he said that there's no way tom brady first of all didn't know about this. he also said i would take away the super bowl title from the patriots and i would suspend tom brady four to six games next season. those are big words from a star player hall of fame player in the nfl. >> those are very big words to suspend him four to six games and take away that super bowl title. something that people outside sports who watch this, they can understand. that sounds fair and incredible coming from a hall of famer. thank you so much. next test run. the germanwings pilot who murdered a plane full of innocent people tested out his plan before the doomed trip. did anyone notice? hillary clinton's e-mail use, "not acceptable." bold words from a senior state department official. bill clinton defending what he sees as attacks on his wife in
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lubitz rehearsed on another flight. just hours before his plane landed then took off on the fatal flight he tested out his plan. he of course ended up murdering 149 passengers and crew on board. renee marsh is "outfront." >> reporter: french investigators say 27-year-old andreas lubitz practiced his deadly descent of a jetliner the same day he steered germanwings flight 9525 into the french alps. just before that deadly crash, lubitz and the same captain piloted the plane on a different flight from dusseldorf to barcelona. with the captain out of the cockpit, the flight data recorder shows lubitz briefly set the plane's auto pilot to 100 feet before leveling off again. >> he certainly was exploring the aircraft and its ability to go up or down and not stop him from descending it into the grund. making sure nobody would see him. >> reporter: according to the new report the selected altitude decreased to 100 feet
for three seconds. then increased to the maximum value of 49,000 feet. less than two minutes later, the selected altitude was 100 feet. until it stabilized at 25,000 feet. the flight never left its scheduled path so air traffic control didn't notice the altitude changes. >> unless the plane is equipped to stream the data and they decide to stream the data of the aircraft performance from the flight and someone's monitoring it they wouldn't have noticed. it was clear the pilot didn't notice for another reason. the front lab was inoperative and he apparently went clear to the back. he was gone for four minutes. >> reporter: it appears it was a dry run for what he would do later on same morning on board the same plane during flight 9525. lieu bits waited until the captain left the cockpit, locked the door, and set the plane's altitude to 100 feet. he directed the jetliner into the mountains, killing all 150
people on board. and this is just a preliminary report. the investigation is still very much ongoing. but these new details speak to how much planning was put into lubitz's suicide flight. not only was it deliberate but it was also premeditated. now, the airline, germanwings, refused to comment on the report. however, attorneys for the families they just put out a statement. they say that these latest -- this latest information just highlights the fact that there needs to always be at least two people in the cockpit and there needs to be improvement as it relates to detecting and treating psychiatric illnesses among pilots. >> rene thank you. joining me "outfront," our aviation analyst miles o'brien. the german magazine "bield" spoke to someone on that earlier flight. you can imagine how everyone on that earlier night feels. lucky, guilty perhaps. he said he did notice the pilot having to go to the bad room in the back of the plane.
he didn't notice the plane go down in any way. it wasn't noticeable in terms of altitude changes. i guess my question to you is if someone's in there setting it from 100 feet to 49,000 feet back to 100 feet that doesn't register anywhere? with anybody? >> the plane was already in a cleared descent from about 39,000 feet to 21,000 feet. and so for him to spin the knob below the assigned altitude of 21,000 feet wouldn't change what the plane would do. if he'd gotten to 21,000 feet and hadn't changed it would have kept descending but there wouldn't be wild gyrations based on knob turns. because the plane was already in a descent. nobody would have noticed, including the captain. >> you feel everything's automated. what mary was saying there's no reporting back. there's no okay this guy tried to set to it 100 feet. if you saw someone try to do that you'd know you had a problem. >> well here's the thing that's kind of interesting.
it is rarely used but it is used in europe. there is a capability for air traffic control to read what you have selected not your altitude but what you have selected for altitude as well as your speed heading. it's called mode sierra enhanced. it is possible he was checking to see if this particular sector had that capability. the air traffic controller if he had seen it probably would have said excuse me where are you going right now, germanwings? and that might have been what was going on. >> wow. that's fascinating. even more sinister when you think about it that he was testing to see if they did notice. thank you very much miles. "outfront" next, a senior official calls hillary clinton's private e-mail account at the state department "not acceptable." that's a damning thing to say. can bill clinton turn things around for his wife? at red lobster's create your own seafood trio... ...if it looks tasty you order it. choose 3 of 9 dishes for just $15.99. like baked lobster alfredo. brown butter shrimp scampi.
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official saying hillary clinton's use of her own private e-mail was not acceptable and now her husband saying that wealthy donors got preferential treatment treatment, now some are speaking out. >> bill clinton is hardly out of the picture and now defending his wife over donations to the clinton foundation. >> did any of those donations effect secretary clintons policy. >>? >> no. she didn't know about a lot of them and we had a policy when she was secretary of state that we would only continue accepting money from people that were already giving us money. >> the campaign is trying to move on from the new book
clinton cash that questions whether any of her secretary of state decisions were influenced by foundation donors. >> there is just no evidence even the guy that wrote the book apparently had to admit under questioning he had a shred of evidence out there that it would fly. and it won't fly. >> she may have weathered this storm even though americans are split on her honesty and trust worthiness. >> and bill clinton sounded less than joyful about his role in this race. >> this is going to be an endless and long campaign. to be effected you have to be mad. so i guess i can't get any votes. >> and even as hillary clinton tries to get those votes, questions are waiting back in washington from her time as secretary of state. on capitol hill today, republican senators grilled a state department official offer her use of a private e-mail server. >> you're asking me if i would
be concerned if a cabinet member deliberately set up an e-mail account to circumvent the laws? >> that is correct. >> in theory yes? >> in theory? >> yes. >> and she has her own date with a congressional theory over her e-mail and the attacks at the consulate in benghazi. >> and this will be an unprecedented sight, a presidential candidate taking her oath before a televised congressional theory. >> jeff zelleny, thank you very much. we'll be right back.
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we talked about aides, and the in-vitro fertilization and the designer and the royal baby. be sure to set your dvr to watch "outfront" and we start with anderson cooper. there are reports of tornados and warnings for parts of oklahoma kansas city and nebraska right now. and we we are -- we are live at the weather center right now. what is the latest? >> you with see tornado washings -- warnings in effect and some warnings in the exact spots we saw t
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