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ERIN BURNETT OUTFRONT

Family of Unarmed Teen Killed By Police Speaks Out; Hillary Clinton to Address Email Controversy; New Video of Boston Bombing at Moment of Blast

Aired March 9, 2015 - 19:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BRIANNA KEILAR, CNN ANCHOR: OUTFRONT next, breaking news, protesters storming the streets of Madison, Wisconsin to protest the shooting death of an unarmed teen by police. The family of the teen speaking out tonight. What led to the deadly shooting?

And more breaking news. Dramatic new video just into CNN, shows the moment when the bombs went off at the Boston marathon.

Plus, white fraternity members of the University of Oklahoma caught on video pumping their fists to a racist chant. The fraternity has been shut down. But is that enough? Let's go OUTFRONT.

Good evening, I'm Brianna Keilar in for Erin Burnett. OUTFRONT tonight, the breaking news, the family of Tony Robinson, an unarmed teenager killed by police is speaking out and demanding answers. Robinson's uncle stood before cameras just a short time ago. He called on police to stop what we called the targeting of young black men.

(BEGIN VIDEO CLIP)

TURIN CARTER, TONY ROBINSON'S UNCLE: Fellow Madisonians, our hands are stained with the blood of my nephew and we are all left to deal with the aftermath.

(END VIDEO CLIP)

KEILAR: Robinson died on Friday night. Police say the officer was forced to open fire after getting into a struggle with the 19- year-old. That deadly encounter now sparking protests across the city. Today, nearly a thousand people gathering on the streets and also here inside of Wisconsin's capital building to demand change. And tonight, the Wisconsin Department of Justice announced it is conducting an investigation.

Ryan Young is OUTFRONT live for us in Madison, Wisconsin. Ryan, are police expecting more protests there?

RYAN YOUNG, CNN CORRESPONDENT: They are expecting more protests. In fact, we talk to some people who said they plan to walk into City Hall to protest all day long, we've been walking with them as they walk inside the state capitol. Watched them chant. I want to show you the growing memorial that's across the street here. Thousands of people have been walking and talking about this in the area. They say, they want change. They want a difference.

(BEGIN VIDEOTAPE)

(PROTESTERS CHANTING)

YOUNG (voice-over): They came armed with their voices. Young protesters marching through the streets of Madison and into the state capitol propelled by their anger. Wanting the world to hear their outrage over the killing of Tony Robinson. An unarmed teenager shot by a police officer.

UNIDENTIFIED WOMAN: I think the killing of Tony Robinson was just the icing on the cake accident -- and they said no more. So, it didn't take a lot to organize this. I think people are just fed up.

YOUNG: In a statement tonight read for the family.

CARTER: This highlights a universal problem with law enforcement. How it procedures have been carried out. Especially in light of what happens over the summertime. Specifically as it pertains to the systemic targeting of young black males.

YOUNG: But now state investigators are focused on what did happen here. Scanner traffic gives us a glimpse and a several 911 calls made just before the shooting.

UNIDENTIFIED MAN: (INAUDIBLE) 19-years of age, his name is Tony Robinson.

YOUNG: Another call said Robinson was trying to strangle someone. Officer Matt Kenny, the first officer on scene reports he heard a commotion inside this apartment and forced his way through the door. The officer indicates a fight started and he was hit in the head by Robinson. Thirty seconds later.

UNIDENTIFIED MAN: Shots fired, shots fired.

YOUNG: Robinson died after being shot.

UNIDENTIFIED MAN: He was unarmed and that's going to make this all the more complicated for the investigators, for the public, to accept, to understand that deadly force had to be used.

YOUNG: This isn't the first time Officer Kenny has been involved in a deadly shooting. In 2007, Kenny shot and killed a man in what the police chief described as suicide by cop. Kenny was exonerated of any wrongdoing. As this community struggles to deal with this shooting, we've learn Friday night wasn't Tony Robinson's first run-in with the law. Back in December, he pleaded guilty to armed robbery, but his mother maintains her son was not a violent teen.

ANDREA IRWIN, MOTHER OF TONY ROBINSON: My son was the kindest, most lovingest, most playful kids. He played games all day long. He loved his family. He loved his friends. He was never -- never, never, never hurt a person, never. My son was a very tall, big boy, 6'4", 220 pounds, but never fight. (END VIDEOTAPE)

YOUNG: We heard over and over this is not Ferguson, especially from the protesters. They said they wanted to remain organized, that way no one gets hurt and nothing gets out of hand. That's something the family has also stressed. They want to make sure this remains a peaceful protest.

KEILAR: Ryan Young for us in Madison, thank you. And OUTFRONT tonight, James Palmer, the executive director of the Wisconsin Professional Police Department. And Jim, I know that you can't get into specific details of this case because this investigation is going on, this independent investigation, but looking at some of the facts here and what we've heard, just speak more generally about deadly force, when you see it being justified in the case of an unarmed person.

JAMES PALMER, EXECUTIVE DIRECTOR, WISCONSIN PROFESSIONAL POLICE ASSOCIATION: Sure, well, thank you Brianna. First, I want to say that on behalf of all the law, everyone in the law enforcement community our hearts go out to the Robinson family. I think everyone acknowledges and recognizes that that family has suffered a tragic loss regardless of the circumstances, but you are correct that there are circumstances in which an unarmed individual can pose a deadly threat to a law enforcement officer that would generally justify the use of deadly force, and obviously that will be a consideration and an assessment that the Department of Criminal Investigation here in Wisconsin will have to make.

KEILAR: So when is the case when someone who is unarmed poses a threat, enough to a police officer, that deadly force can be utilized?

PALMER: Sure. Well, there are a number of factors that the investigators will evaluate. The proximity of Mr. Robinson to Officer Kenny. To what extent, you know, Officer Kenny could have utilized alternative measures. And the real fear for any officer when he's being attacked is generally speaking is that their weapon will be taken away. And an unarmed individual can become armed very quickly.

KEILAR: You just heard some of the words from Robinson's uncle. I want to listen to a little more about what he said today about issues between police and young black men.

(BEGIN VIDEO CLIP)

CARTER: The problem with the way that police policies are being carried out specifically as it pertains to young black men, because the numbers don't lie.

(END VIDEO CLIP)

KEILAR: Now, he said specifically as it pertains to young black men, but he's making a larger point here that goes beyond Robinson's death. Can you react not to this case in particular but really to that larger point that that Turin Carter is making there? PALMER: Well, I think that's a discussion that the law

enforcement community across the country is willing to embrace. Just last week President Obama's task force on 21st Century policing presented its report to President Obama, and one of the recommendations was that the law enforcement community engage in a nationwide discussion and dialogue about law enforcement practices and training. You know, here in Wisconsin, we have the benefit of a law that's first of its kind in the country that mandates an independent and transparent investigation. And, you know, we understand that in Madison there really is a culture of activism that's present here and people are right to have questions and right to express their concerns and we believe at the end of the day, when you know, the investigatory report is completed, that hopefully those questions will be answered.

KEILAR: You've spoken to Officer Kenny. How is he doing and what did he tell you about this incident?

PALMER: Well, without going into the details of incident itself because it is under investigation, Officer Kenny, this is a stressful time for any officer involved in this situation. No officer begins his shift with the expectation or even the desire to take a life. They simply want to come home, do their job and come home, and certainly that's true of Officer Kenny. It's a stressful period for him and his family, but he also understands, like I said, that a family here has suffered a tragic loss, and he respects the fact that there has to be a necessary investigation to evaluate his conduct and that's something that serves not only the law enforcement community but the general community as well.

KEILAR: Jim, thanks so much. I really appreciate you being with us.

PALMER: Thank you.

KEILAR: And OUTFRONT, former NYPD Officer Eugene O'Donnell, he's also a professor at the John Jay College of Criminal Justice, and with me as well, we have political commentator Van Jones. Van, to you first, we're seeing, actually, let's come back to Van in just a moment, but Eugene, I want to talk to you about one of the 911 calls that we've been hearing. Let's listen.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MAN: Apparently Tony hit one of his friends. No weapons seen. I got another call for the same suspect. Went inside -- stride to strangle another patron.

(END VIDEO CLIP)

KEILAR: So, you hear it there. He says no weapon seen and I know that we just heard from police expert in Wisconsin that an unarmed man can become armed, but if Robinson was acting out, threatening people, but wasn't armed, isn't that there an alternative? There must be some alternatives for an officer to try to make sure that this doesn't escalate to the point of shooting someone who is unarmed? EUGENE O'DONNELL, FORMER NYPD OFFICER: Of course, officers have

broad discretion in these situations. They don't know how these things end. So ex-post facto is pretty much a valueless judgment. When you're looking back with the ton of video or otherwise. You don't know, these things can happen rapidly deteriorate and remember every time, the police are there, deadly force is there. And they do think worst case scenario on the grounds that these things can happen so quickly and they could be --

KEILAR: Sure. Well, no, that makes sense. They don't know how it's going to end, but they also need to go in, right, with the proper training, with a certain mindset to try to at the end of the day not kill someone, so what is that?

O'DONNELL: Well, the law gives them broad authority if they needs to do it. So, that's really the bottom-line. They are not expected to be attacked.

KEILAR: So, it's incumbent on the person who is attacking them. And at the end of the day, that person is killed.

O'DONNELL: It's incumbent not to attack the police. We'll see what happens in this case. But last week, we saw a depiction of the LAPD as some sort of brutal organization. And now, they really owed an apology. This was a situation where they responded to an armed robbery. They were frontally attacked, they were injured, they tried to use non-lethal weaponry, the guy was a robber. And clearly on the video was trying to take their gun. And they really owed an apology. And they were depicted as part of this stitch together pattern of police. So, we'll see what happens in this case, but the police are going to have broad protection always in these situations because again these things can deteriorate quickly and police officers do get killed in these situations as much as some trivialize that.

KEILAR: Van, can you respond to that? Eugene is saying obviously that it's incumbent on a person not to attack the police or this can happen?

VAN JONES, CNN POLITICAL COMMENTATOR: Well, of course, and let's be very clear. We don't want any police officers hurt by anybody any time. I'm from a law enforcement family. That's the last thing anybody wants. But there's something called in our country excessive force. Police have the right to use the force necessary to effect an arrest. But in our country, any force beyond what is necessary to make the arrest happened is called excessive. And we don't tolerate that in America. We've now got in a situation where people are saying, well, if you do anything to a police officer, they can kill you. No, those are other countries, not our country.

I want to say something about Madison in particular. I was just there six weeks ago, from Dr. King Day. I was there with the governor who was a republican. We were stirring the stage. I was giving a speech. I was surprised six weeks ago by how tense Madison was racially. There was already a group formed young, gifted, and black that was demonstrating and talking about police misconduct and police violence. This is six weeks ago. They already had to pass a law to change the way that these shootings are handled so that they are handled now by outside investigators because there was so much concern already about police misconduct and police violence that --

KEILAR: Yes.

JONES: So we already are dealing with a situation where before this individual incident which may have gone one way or the other, we don't know, there was a pattern and a practice and a building level of concern.

KEILAR: Sure. So, it's a bigger issue and we even heard the uncle of Mr. Robinson to say that. I want you to look at something that's really striking to me, Van, especially compared to when you think of the Ferguson police force, predominantly white even though it represents an area that's predominantly black. In Madison you've got 80 percent of the officers is white, 79 percent of the population is white. So, you are looking at a much more representative police department in this case. Does this impact your assessment about whether race is involved here?

JONES: Well, it could and it could not. Let me say a couple of things that you see differently from Ferguson, positively. The mayor came out and was very, very kind and showed concern and consideration. The police chief showed concern and consideration. And even Mr. Palmer who was just on, showed concern and consideration. You didn't hear that in Ferguson. Frankly, you didn't hear that from our other guest who are just saying, listen, you know, we've got the right to kill people.

O'DONNELL: Who said that, Van?

JONES: You did.

O'DONNELL: Did I say that?

JONES: Yes.

O'DONNELL: Absolutely not, sir. There's a need to have a political conversation in this country but we really have to be concerned that when this conversation becomes so political and so hijacked, this is endangering our police people. So, this has to be taken. We have police also killed in Philadelphia, we're natured of washing guns, we've got a serious crime problem and people are trying to grandstand and elected officials need to get on the game here and be emphatic about this. Ferguson reveal we have serious problems in the country. Most of them are political failures. Let's be clear. But playing misconduct rhetoric, they are endangering police officers.

JONES: Well, hold on, let me ask you a question officer.

O'DONNELL: You're endangering police officers.

(CROSSTALK)

JONES: Are you going to let me speak?

O'DONNELL: You put words in your mouth, sir.

JONES: And you've tried to correct the record. I would like to have an opportunity to speak. If you want to have a real dialogue which is why I think is missing in this country --

O'DONNELL: Please don't put words in my mouth though.

JONES: This is the kind of attitude. Now, you see the difference between Mr. Palmer who was very calm, who was very measured, who recognized that there was a balances in a democratic society, you have the balance the need for police to be respected but also the need for the citizenry to be respected. And the problem that we're having right now, the dialogue breaks down the minute that anybody says something outside doesn't like. I want to say to you officer, I respect your work --

(CROSSTALK)

Hold on a second. Can I finish my sentence? Can I finish my sentence?

O'DONNELL: And we have to protect the police also.

JONES: We want the police to be respected and we want the police to be trusted and we also want the police to be trustworthy and one way that police can earn trust is that when things happens that are horrible tragedies. For instance, a young man who is not armed, losing his life. They speak to it as a tragedy. The community members like myself also has to stand up and say the police have a dangerous job. In this case --

O'DONNELL: Thank you.

JONES: And you do and my father was a police officer and he had a dangerous job.

KEILAR: It is certainly a dangerous job. Final word really quickly, to you Eugene and then we have to move on.

O'DONNELL: Anybody who thinks we don't have a serious problem --

KEILAR: Are they racial?

O'DONNELL: Absolutely. Unequivocally.

JONES: Racial problem.

O'DONNELL: No doubt about it. We also have serious crime problems. We have a nation that has a lot of guns and this conversation can dangerously create -- Chief Ramsey last week said he visited a cop in emergency room who was shot at and didn't shoot back because he was afraid he would be in the next Ferguson. Ask Chief Ramsey whether an officer told him that in an emergency room last week, he did in fact tell him that.

KEILAR: Gentlemen, we will continue this conversation. It's one that we need to have. Thank you so much Eugene and Van.

OUTFRONT next, did President Obama distances himself from the Hillary Clinton email controversy? Her camp says that she's ready to talk but is the damage already done.

And how did the baby survive 14 hours trapped in a car that was submerged in an icy river? It's being called a miracle tonight. That story coming up.

Plus, breaking news, surveillance video just into CNN, and it shows the moment of impact during the Boston marathon bombing. One of accused bombers appears to be watching it all unfold in front of him.

(COMMERCIAL BREAK)

KEILAR: Breaking news, Hillary Clinton will break her silence on the email controversy plaguing her expected presidential run. Sources tell CNN that within 48 hours or as soon as 48 hours, Clinton will address why she used a private email account and a server for government business while she was secretary of state. It will likely be in a news conference we're told although a final decision hasn't been made. But has the damage already been done?

(BEGIN VIDEOTAPE)

HILLARY CLINTON, FORMER SECRETARY OF STATE: Thank you.

KEILAR (voice-over): Hillary Clinton appeared on stage four times today, but no mention of her controversial use of only personal email while secretary of state or the private server she keeps it on.

UNIDENTIFIED WOMAN: There will be no mistakes in my rise to the top! If I decide to run, who knows?

KEILAR: Saturday Night Live started its show this weekend with a parody of Clinton herself.

UNIDENTIFIED WOMAN: Those emails are clean as a whistle. This is not how Hillary Clinton goes down. I mean, what did you think my email said? Hi, it's Hillary. I really screwed up on Benghazi today. Please.

(LAUGHTER)

KEILAR: So far, though, almost a week since the news first broke, Hillary Clinton has only sent a lone tweet saying the State Department would release her emails. After her event Monday, she left the venue in Manhattan without answering questions.

UNIDENTIFIED WOMAN: Secretary Clinton, will you explain the emails? Secretary Clinton.

KEILAR: But two sources familiar with Clinton plans say she will address the issue soon, likely in a press conference heeding calls from fellow democrats. SEN. DIANA FEINSTEIN (D), CALIFORNIA: I think that she needs to

step up and come out and state exactly what the situation is. I think from this point on, the server -- the silence is going to hurt her.

KEILAR: The White House is distancing itself from the political firestorm. In an interview with CBS News this weekend, President Obama said he was caught off guard.

UNIDENTIFIED MAN: Mr. President, when did you first learn that Hillary Clinton used an email system outside the U.S. government for official business while she was secretary of state?

PRES. BARACK OBAMA (D), UNITED STATES: At the same time everybody else learned it through news reports.

KEILAR: Today, White House Press Secretary Josh Earnest clarified the President's comments saying he was actually aware she used a personal email account.

JOSH EARNEST, WHITE HOUSE PRESS SECRETARY: The President, as I think many people expected, did over the course of his first several years in office trade emails with his secretary of state. He was not aware of the details of how that email address and that server had been set up or how Secretary Clinton and her team were planning to comply with the federal records act.

(END VIDEOTAPE)

KEILAR: OUTFRONT tonight, former special counsel to President Bill Clinton, Lanny Davis and we also have Sean Spicer --

LANNY DAVIS, FORMER SPECIAL COUNSEL TO PRESIDENT BILL CLINTON: Hi, Brianna.

KEILAR: Hello! He is the chief strategist and communications director for the Republican National Committee. Lanny, so we've got a source familiar with Hillary Clinton's plans saying that she will explain what she did was both completely innocent. That's what we're told. So, if it was completely innocent, why didn't she explain herself a week ago?

DAVIS: Well, in the age of the internet, a week is a long time. Two weeks is an eternity. We went through three years and $70 million of white water which everybody hyperventilated about, the media, Congressional republicans, $70 million of Ken Starr's investigation and that ended up with nothing. So, I think that's where this is headed despite the wishful thinking of my colleague with the Republican National Committee. A few weeks from now, a few months from now, there's no story here, everything she did was legal and accessible. And she's offered to publish everything after the State Department looks at it.

KEILAR: Okay. So, but let me ask you. I want you to jump on this too Lanny, Sean, I mean, Lanny is talking about white water. Isn't that exactly where you want democrats to be? SEAN SPICER, CHIEF STRATEGIST, REPUBLICAN NATIONAL COMMITTEE:

Really? I would like them to be anywhere. I would like them to be a little more forth right. I mean, for example, let me just ask this to Lanny. Lanny, you and your firm represent several countries that have a horrible human rights record. Did you at any time email Secretary Clinton on that private email about any business pertaining to the countries that you represent?

DAVIS: Actually, you are wrong. My firm doesn't represent horrible countries. The only country that I represented several years ago, Archbishop Desmond Tutu praise my work for human rights. So, you are not only wrong but you then attacked me why -- the facts that nothing done here was illegal --

SPICER: No, but did you email her about business?

DAVIS: The answer is no.

SPICER: Answer the question, Lanny, did you email her about --

DAVIS: I said no, but you're false --

(CROSSTALK)

You think throwing out a smear is going to be believed because you say it when I said it's false and Archbishop Desmond Tutu endorsed my work.

KEILAR: OK, gentlemen, I really want to talk about the emails situations.

DAVIS: But he doesn't.

SPICER: Look, they don't want to talk about what's in those emails because they know that some of that information pertaining to the secretaries, I mean, look, whether Lanny conducted business with her or not, right now we don't know. The President today talked about the fact that he was emailing with her. Think of the cyber-security concerns that should exist that you have the President of the United States emailing the secretary of state on an unsecure server at a time when the secretary of state is telling people about how vulnerable the United States is. That alone should present huge problems. Never mind the idea of we have no idea what people like Lanny and others were emailing her about with respect to actual business in front of the State Department. Those are all very legitimate.

KEILAR: Look, let me say this, there are a lot of outstanding questions about the emails no doubt and certainly we will be getting into that. But I also have this point that I've been dying to ask you about, Sean. So, I want to get it in there. And that's, you know, here for instance, former republican presidential candidate, former Arkansas Governor Mike Huckabee, he was talking about the Clintons. He made a reference to the godfather. And let's listen.

(BEGIN VIDEO CLIP) MIKE HUCKABEE (R), FORMER GOVERNOR OF ARKANSAS: Look, these are

people who know how to play politics. They play to win. They use every tool at their disposal to win. I look at it like Michael Corleone once looked at the business he was in. It's not personal. It's just business.

(END VIDEO CLIP)

KEILAR: OK. So, here's my question, Sean. Republicans going after the Clintons, are you at risk here of overplaying your hand maybe of making Hillary Clinton look like a sympathetic figure?

SPICER: Oh, no. I don't think so at all. I think, look, the fact of the matter is that the Clintons know how to play hard ball politics probably better than anybody in this country. So, the idea that they can't handle a couple of tough questions, the fact of the matter is over the top right now is just asking basic simple questions, why did you have a server installed? What steps did you take to secure it? What things were emailed on that? How many more emails haven't you turned over? That's hardly going over the top. That's just the beginning where we should be starting and something that every American should be asking.

Or Brianna, let me just -- one other thing, this is a separation statement that every employee of the State Department was asked to fill out, including the time when Secretary Clinton was there. It requires that every employee from this department of state, when they leave, agree that everything that they have turned over, everything pertaining to government business has been turned over and they have to sign that as part of the separation agreement when you leave the Department of State. The question is, why is that something that was asked of every employee to make sure all documents, all business was officially turned over and yet Secretary Clinton didn't abide by that either.

KEILAR: To that point, Lanny, I mean, I think it's fair to say that she violated the spirit of this regulation for sure, and I just wonder why would she put herself in this position, especially when, you know, there's been a narrative about the Clintons and Hillary Clinton that they are not particularly forthcoming.

DAVIS: Well, first of all, your statement that she violated the spirit is your opinion. It's a subjective term. The lawyer for --

KEILAR: Democrats say it to me, Lanny.

DAVIS: There are people who use the word spirit -- I would like to finish, please. The director of litigation of the archives administration quoted in the "New York Times" story said there was nothing illegal. He said it on CNN.

KEILAR: I'm not saying illegal. But that's not the point. You are setting up a straw man. I'm talking about whether she did -- you can do something wrong and it's not illegal.

DAVIS: Brianna, if you interrupt me and you don't interrupt somebody who smeared me and lied about me, then I'm sorry, that's not appropriate. I'm telling you that she did not violate the spirit or the law. And that is a subjective term. I'm also saying to the gentleman from, gentleman spoken loosely now that he lied about me from the RNC, if you are talking about national security and preservation, a private server versus the State Department server, I would remind everyone about WikiLeaks were not exactly secure. I would remind that a governor is different from a secretary. I understand that.

KEILAR: Yes.

DAVIS: Jeb Bush for 18 years had his own server. And we didn't know about three million emails. Good for him for disclosing 250,000, two million seven hundred fifty thousand have them in disclose. And I say Jeb Bush did nothing wrong. Either the spirit or the letter, because they are available for everybody to ask for and the server can't have anything deleted. We all know that.

KEILAR: And Lanny, just a final word from me here, I just want to say, we did hear your defense there against Sean. You said that Desmond Tutu praised your work. So, I just want you to know that we heard that and it was on the record there.

DAVIS: Thank you. Thank you.

KEILAR: And that is Lanny's word on that. Sean Spicer, Lanny Davis --

DAVIS: Not my word. It's on the internet. You can find Tutu's letter on the internet. Don't take my word. What he did was lie on the air when it's on the internet that Bishop Tutu praised what I tried to do for human --

(CROSSTALK)

KEILAR: OK, hey, I didn't mean just got up a firestorm on this. Sean, Lanny, thank you so much. I appreciate both of you being with us.

And OUTFRONT next, we have breaking news, dramatic new surveillance video made public in the Boston bombing trial. It shows the moment of impact at the finish line. It appears accused bomber Dzhokhar Tsarnaev stuck around actually to watch.

And a fraternity is forced to fold after a racist chant is caught on video. The university's president called the students involved "disgraceful". Should they be expelled?

(COMMERCIAL BREAK)

KEILAR: Breaking news: never before scene video of the Boston marathon attack at the moment that the bomb goes off. In one video shown for the first time in court today during Dzhokhar Tsarnaev's trial, Tsarnaev appears to be seen, he's circled there. You can see him on your screen. He's watching the marathon.

The first blast goes off.

The crowd turns to look and Dzhokhar Tsarnaev walk away and the second blast detonates.

Deb Feyerick is OUTFRONT for us in Boston.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT (voice-over): Nearly four hours after the race began, the Tsarnaev brothers rounded the corner together unto the marathon route. Tamerlan in the lead, the younger Dzhokhar keeping pace.

Then, the two split up. Tamerlan heading to the finish line. Multiple images showed Dzhokhar Tsarnaev standing by himself for nearly four minutes, among several spectators, several of them children.

At 2:49, records show, using a disposable phone bought the day before, Dzhokhar seen here calls his brother. Moments later, the first bomb later explodes. Tsarnaev moves quickly in the opposite direction, reaching the corner just as the second bomb detonates, neither Dzhokhar nor Tamerlan have their backpacks.

Less than 23 minutes after the terror attack, Dzhokhar Tsarnaev enters a nearby Whole Foods and pays cash for a half gallon of milk. He leaves only to return moments later to swap the milk before getting back into the passenger side of a car. The driver speeds off.

That night, on one of two Twitter accounts under his name, Tsarnaev, "Ain't no love in the heart of the city. Stay safe, people."

Prosecutors say 19-year-old Tsarnaev had returned to his dorm room in UMass-Dartmouth. He's seen here at 9:05 p.m. the next night entering the university fitness center with a friend and staying for about an hour.

The FBI gathered 4,000 hours of surveillance photos videos, and home movies from that day.

Witness Jessica Kensky, the remnants of her legs sticking out from her dress, the scars on her stumps visible, was wheeled up a ramp to testify. Kensky, a newly wed and trauma nurse, described the bombs, saying it did exactly what it was designed to do, tear the skin and muscles away, leaving body parts exposed.

Kensky instinctively reached to help her husband when she saw his detached leg and dangling foot, not realizing she herself was on fire. Prosecutors show the burned camisole and yellow hoodie Kensky was wearing at the time. She said it matches all my burn scars.

(END VIDEOTAPE)

FEYERICK: Now, the defense lawyers have made the argument that, in fact, Dzhokhar Tsarnaev was only the follower. But today, prosecutors introduced a second Twitter account. The posts are much more radicalized. They talk about the extreme preacher Anwar al- Awlaki. They also talked about jihad and victory over the nonbeliever.

Tsarnaev's lawyers expected to raise questions during their cross-examination tomorrow -- Brianna.

KEILAR: Deb Feyerick for us in Boston, thank you.

And OUTFRONT tonight, we have CNN terrorism analyst Paul Cruikshank, and we have attorney Lisa Bloom.

So, Paul, to you first, you look at the backpack. It's so small for a blast this size. How easy would this be to construct?

PAUL CRUICKSHANK, CNN TERRORISM ANALYST: Well, investigators believe they didn't train overseas. They believe that they downloaded instructions from the Internet from "Inspire" magazine, a recipe to build pressure cooker devices. They extracted explosive powder from fireworks to build this. They used Christmas light bulbs as an ignition mechanism.

And the clever part of it was a remote control mechanism based on toy cars. But this was actually a pretty low explosive powder bomb. If they had used the kind of high explosives that al Qaeda or ISIS training recruits, this could have been many times more devastating in Boston. There are a lot of concern now that Western recruits are getting training in much more powerful devices.

We saw that plot in Belgium thwarted in January. They are trained how to make high explosive devices which will be many times more powerful.

KEILAR: So alarming. So it could have been much worse, as what you're saying there.

Lisa, we've seen some very damning evidence that the jury is seeing from this newly released video of the moment of the blast. You have Dzhokhar Tsarnaev walking through the gym the next day as if nothing happened and you have these -- the testimony of these -- of victims. What impact is this having on the jury?

LISA BLOOM, ATTORNEY: Brianna, I think this is compelling visual evidence for the prosecution, underscoring their theory that this was a first degree murder. This was a cold, calculated, premeditated murder. He sees the backpack placed by a group of children. He sees the first explosion. The consequences were very, very clear to him.

And, you know, this is all going to be about the death penalty when we get to the death penalty phase. I'm sure he's going to express remorse at that point, but, boy, he didn't express any remorse until he was caught. That's going to be the prosecution's theory.

KEILAR: Yes, you can just see it happening now.

Lisa Bloom, thanks so much. Paul Cruickshank, thanks to you. And OUTFRONT next, a fraternity at the University of Oklahoma is

shut down after video of a racist chant surfaces. Should the students here be expelled?

And a miracle amid a wreckage of a terrible car accident. How a baby survives suspended upside down in her car seat for up to 14 hours?

(COMMERCIAL BREAK)

KEILAR: A fraternity's racist chant caught on tape is sparking outrage across the nation tonight. Sigma Alpha Epsilon members at the University of Oklahoma were caught singing about excluding black members from their fraternity. The university has shut down the fraternity, but is that enough?

Nick Valencia is OUTFRONT from Norman, Oklahoma.

(BEGIN VIDEOTAPE)

NICK VALENCIA, CNN CORRESPONDENT (voice-over): Caught on video, members of the Sigma Alpha Epsilon fraternity in union proudly belt out a racist chant using the N-word, and call for black people to hang from a tree.

Two short cell phone clips shot on Saturday night on a bus packed with SAE fraternity members from the University of Oklahoma, on a party bus.

OU student Chelsea Davis was one of the first to see the clip.

CHELSEA DAVIS, UNIVERSITY OF OKLAHOMA STUDENT: Well, clearly, this isn't anything new. This chant wasn't something they learned overnight. It was something that was well-known, well-versed that everybody on the bus felt privileged to say and proudly clap at.

VALENCIA: It was Davis who tweeted the university's president about the unspeakable bigotry, saying, quote, "Racism is alive at the University of Oklahoma."

She's the co-founder of Unheard, a black student alliance advocating for cultural change on campus.

DAVIS: It's what makes them think that it's OK to say these things, to act this way, nobody's said anything, nobody's challenged them before, nobody's mandated that they have a culture sensitivity training. It starts at the top.

VALENCIA: While Davis says someone sent her the clip anonymously, she says the behavior is nothing knew.

DAVIS: Fifty years after Selma, and we are still fighting for the same things that Martin Luther King were fighting for, you know, years ago. It's sad. It's hurtful. It's just really hurtful that students can think that this is OK.

VALENCIA: OU President David Boren minced no words in his reaction to the song.

DAVID BOREN, UNIVERSITY OF OKLAHOMA PRESIDENT: We don't have any room for racists and bigots at this university. I'd be glad if they left.

VALENCIA: On Monday, the university said SAE had to go, giving its members until midnight Tuesday to remove their belongings from the house.

Parents and students seen packing bags and filling U-Hauls. In the backdrop, a graffiti wall written overnight appears to read "tear it down".

SAE's national leadership says the incident is not a reflection of the fraternity's values.

UNIDENTIFIED MALE: It's absolutely appalling and disgusting, whenever people take it upon themselves to do something like that, it affects the entire organization.

(END VIDEOTAPE)

VALENCIA: The university has not taken any official steps to discipline the individuals in at that tape, according to the university president. I spoke to one student here on campus who says that she was shocked that SAE was the fraternity caught on tape because there are frats here at the University of Oklahoma that are much worse. She's calling for the entire Greek system to be investigated -- Brianna.

KEILAR: Nick Valencia, OUTFRONT for us, thank you so much.

OUTFRONT next, a car overturns in a river, trapped inside for up to 14 hours, an 18-month-old baby. Her miraculous story of survival.

And Apple today announcing the specifics of its new watch. What would you pay to talk into your wrist?

(COMMERCIAL BREAK)

KEILAR: A miraculous story of survival. Eighteen-month-old Lily Groesbeck recovering in a Salt Lake City Hospital tonight after spending up to 14 hours in a car that was upside down in a river. Lily's mother was the behind the wheel. She did not survive the crash.

OUTFRONT tonight, we have Lt. Cory Slaymaker. He is with the police department in Spanish Fork, where this accident occurred. He's investigating the accident. He's joining me now via Skype.

Lieutenant, first, tell us how Lily's doing.

LT. CORY SLAYMAKER, SPANISH FORK POLICE DEPARTMENT: My understanding, Lily is improving. She's been moved from critical to stable condition, still primary children's hospital in Salt Lake.

KEILAR: So, you think she'll be making a full recovery?

SLAYMAKER: It's my anticipation that she will. She's not out of the woods yet. But things are looking better each day.

KEILAR: OK. Well, that is certainly good news. Things are headed in the right direction. Tell us about how this -- how she was found, when this car was overturned. How did authorities find her?

SLAYMAKER: The car was upside down on its roof in the river. When officers responded, as well as fire, they were able to look inside the vehicle and heard what they thought was a faint noise. One officer leaned inside and noticed Lily in the back seat, strapped in a car seat, in the back seat of the vehicle.

KEILAR: So suspended above the water. And really, it was the car seat keeping her in there.

SLAYMAKER: It appears that the car seat was keeping her in place so that she did not fall actually down into the water.

KEILAR: Well, it still must incredibly cold, with the winter conditions there. How was she able to survive those 14 hours, do you think?

SLAYMAKER: That's unknown. Obviously, she's a strong little girl. And we're thankful for the fishermen that just happened to be out there fishing, and called police. And we were able to respond. And luckily find her still alive in the vehicle.

KEILAR: This is really the bright spot in this story, this beautiful little girl, surviving, heading in the right direction with her recovery. But obviously, lieutenant, her mother passed away. How is the family coping?

SLAYMAKER: I think that's two-sided. They're obviously very ecstatic that Lily is still alive and improving each day, but also coping with the death of the mother as well, and a funeral to plan in the days to come.

KEILAR: Yes. It's horrible and yet thankfully they do have this bright spot. We're really glad to hear that Lily is doing well.

Lieutenant, thanks so much.

SLAYMAKER: Thank you.

KEILAR: OUTFRONT next, the Apple Watch, is this going to change everything?

(COMMERCIAL BREAK)

KEILAR: This dramatic footage just in to OUTFRONT: an Amtrak train on its way to New York from Charlotte strikes a tractor trailer, stuck on the tracks just outside of Raleigh, North Carolina.

Unbelievable. And of the 212 passengers and eight crew members onboard, at least 39 were taken to an area hospital. None so far reported as life-threatening injuries. Quite amazing given that scene you just saw there, the accident coming just 14 days after a commuter train in California crashed into a pickup truck that was stuck on the tracks. The engineer behind the controls of that train died last week.

And Apple is making waves with its in you watch. Will you be tapping your inner Dick Tracy?

Jeanne Moos explains.

(BEGIN VIDETOTAPE)

JEANNE MOOS, CNN CORRESPONDENT: Those watches writhing and ripping and clasping, it felt a little like 50 shades of Apple.

TIM COOK, APPLE CEO: It's not just with you, it's on you.

MOOS: The cheapest will cost 350 bucks.

The most expensive? Eighteen-karat gold --

COOK: It is priced from $10,000.

MOOS: And for that, you can finally talk into your wrist.

UNIDENTIFIED MALE: This is Dick Tracy calling Hemlock Holmes.

UNIDENTIFIED MALE: This is 86 reporting into control.

COOK: You can receive calls on your watch. I have been wanting to do this since I was 5 years old. The day is finally here.

UNIDENTIFIED MALE: It's here at last. The new Dick Tracy two- way wrist radio --

MOOS: OK, the Apple watch can do things Dick Tracy never imagined.

UNIDENTIFIED MALE: I can see the current stock market, and it brings up my credit card. It even reminds you if you've been sitting too long.

MOOS: Remember when clocks used to tick? Well, this watch checks your ticker.

COOK: You can even check your heart rate.

MOOS: Some sent tweets poking fun at Apple with iPhones taped to wrists.

Apple's Kevin Lynch showed a message from his daughter saying she was locked out, then used an app to open his garage door from his wristwatch.

Of course, there's the pesky problem of battery life. COOK: You can expect 18 hours.

MOOS: Tired of replacing your wristwatch battery once every three years? Get Apple Watch and enjoy charging it every 18 hours.

Yes, but look how cool the magnetic charger is.

COOK: It will automatically click into place.

MOOS: It was as if time stood still during the Apple Watch event.

Actually, it did stand still at 10:09. That is the time to which almost all watches are set in ads from Gucci to coach to Timex. It's thought to look symmetrical and optimistic like a smiley face. Even digital watches are set to 10:09. Heck, even this bird clock was advertised at 9:00 black-capped chickadees, past the tufted titmouse, the only mouse Apple offers is Mickey.

Jeanne Moos, CNN, New York.

(END VIDEOTAPE)

KEILAR: Thanks so much for joining us.

"AC360" starts right now.