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her from life support on monday. today, the teen's family had strong words for children's hospital and said they are holding out hope. >> the cost of keeping jahi mcmath alive is finding broad support online, they raised $3500 in a day. today they had strong words for children's hospital. in an open letter they said in this country the parent has the right to make decisions concerning the existence of their childs, not a doctor that runs the facility that caused it in the first place. they found three places willing to take jaha, one is in new york, one in la, and one in the bay area. they say they hope by this time tomorrow they will have a path to her removal and hope to have her on the recovery. the final words were saved for children's hospital and they say they ask that the hospital and top gun for fire focus on working with us so we can be gone from this place with jahi mcmath's heart still beating. >> reporter: the family set a goal of raising $20,000 to help her. they are having a fund-raiser tomorrow. the details will be on our website, kron4.com. the holiday season will never be the same for a livermore family, whose daughter was killed by a drunk driver. the family has done a lot to combat truck driving, including setting up a memorial foundation. they urge people to stay away from the wheel if they decide to drink while celebrating. alicia reed shows how they are celebrating. >> reporter: with all the support, christina's parents still feel the pain of losing a child from a drunk driver. >> it is hard to believe she is gone. we still can't believe it. your mind won't let you accept it. >> memories of christina are all over the home. her ashes and locks of hair sit on the fireplace. >> months ago, christina picked out this tree on pinterest, and they decorated it exactly the same way. a number of people have a piece of the 21 year old, her heart, pancreas, kidneys and another part of her liver, even in death, the nursing student will continue to help the sick. family and friends raised $20,000 for doctors without borders. and in her honor, a former instructor from her nursing school is building a clinic in her honor in southern nigeria. >> we questioned why it was her, and now we say this is why, because she was loved by so many people and that she made an impact like she did. >> there had to be a reason for her to die so young. she was just such a caring and kind person, and wanted to do so much with her life. >> i feel like it was meant to be. it was her fate. that's all i can figure. >> reporter: it is a bit err sweet holiday. the family is taking it one day at a time. reporting in livermore. the grinches of christmas have been caught. they arrested six suspects, four adults and two juveniles and recovered stolen items from one home that was burglarized on christmas eve and two are named jesus. the fire department and community brought them a car load of visits. they woke up to find their presents missing christmas morning. target confirms that pin data was stolen in a breach. they say the information stays secure, but experts say you should watch out. >> reporter: a day after saying there is no evidence that personal identification numbers were accessed in a massive security breach, the retail giant says debit card pin numbers were stolen along with names and card numbers as part of the recent hacking. target insists the pin code information is safe and secure. the pin information was encrypted at the key pad and en crepted in our system and encrypted when it was removed. the company insists it would be unlikely that hackers would be able to unscramble the data, but some experts are concerned. >> the encryption itself, the problems with pin numbers, they are only four character steers, there is 10,000 different combinations you to do. it is not going hold up, because hackers can brute force it. >> reporter: the security breach affected 40 million customers that shopped there between black friday and december 15. if you are concerned about your account, be vigilant. >> they should be talking to the bank and looking for unusual transactions, any type of strange behavior they may recognize as fraught length. >> change your pin number, call your bank and get a new card. they say you have fraud monitoring that they are putting in place, but just as a peace of mind, change it so you don't have to deal with it. >> for more than a million americans that are out of work several months, long-term unemployment benefits end today. >> reporter: this is what the last six months have been like for paul helsey. at 52, he has been out of work in educational publishing and now another blow. he is one of 1.3 million americans losing unemployment benefits. on average, they have been getting $300 each week. the check was not enough to cover the $1100 rent on his new york apartment. now it will stop coming. >> i won't be able to buy food or pay my bills. >> extended unemployment benefits beyond the usual 26 weeks were started during the bush administration to help americans hit by the recision. since 2008, they have been renewed eleven times. but not this time. congress failed to pass an extension in the budget deal. teeing up a nasty fight for the new year. >> it will be classic messy washington politics over an issue where the two parties don't have a united view. this is one of the issues that the right wants to fight on. >> reporter: some republicans say it is time to end the program all together. they argue it is too expensive. a year's extension costs $25 billion. people have gotten dependent and say the economy is strong enough now without them. >> when you extend benefits to 73 weeks or 99 weeks it encourages some people to stay unemployed too long and that makes it increasingly hard for them to get back in the work force. >> reporter: democrats say the checks get spend right away, which is necessary to boost economic recovery. >> this is what these people need in order just to get by. it is what the economy needs in order to keep its momentum. >> we are losing this bare minimum safety net beyond just being cruel it is not going to be productive in terms of getting them a job. >> reporter: but the blame game does not help paul's new reality. >> it is stressful. i have gotten physically sick. i cannot sleep. now for a story to warm your heart this stone. jeff pierce talks to a woman that was keeping family tradition alive by giving back to those left out in the cold. >> don't move, i think i remember where the bag is. this is great. >> for 16 years, lana has been giving out coats to people on the street in san francisco's tenderloin. >> i have jackets and coats for men. i have them. >> reporter: it began one night near christmas, when she and her son, tony, left a dinner at a restaurant in san francisco and tony was without his jacket. >> what do you do, you forgot an $800 jacket. i gave it to a guy. he said he was cold. >> the next day, tony woke up and came in the kitchen. and he said mom, we have to go clothe the people in san francisco. that's when it started. >> reporter: lana lost her son, tony, six years ago and continues the tradition of giving coats that she collects to people living on the streets of san francisco. >> it was very, very important to tony that we lifted everybody's eyes when we handed them the jacket. we didn't dump them at a shelter. >> i have lots of jackets for you. >> i'm happy and grateful for another jacket. >> is that too small for you? it is a large. you are welcome. >> she was giving out coats to a lot of us last week that don't have coats. and warm clothing. and i happen to be one, and she helped me fit it. it is so perfect. it is so nice and warm. >> reporter: lana will spend three weekend this holiday season giving out coats. >> i'll see you next saturday. >> thank you. >> reporter: in san francisco, jeff pierce, kron 4 news. >> and her son, tony, had a very big heart. he actually was killed while trying to help motorists on the bay bridge. muir beach opened for the first time in six months. they improved the wetlands, lagoons, and dunes. the construction began in july, blocking swimmers from visiting the beach. funding for the restoration came from settlement money from the 2007 oil spill. it was a beautiful day at the beach. we had temperatures make it to the 60s today. just about everywhere. in fact some of the warmest spots in the low 70s, like santa rosa and livermore. fairfield. 72. a live view at the bay bridge, the camera shaking around a little bit, the camera on top of mount tam, and a red flag warning is issued through 10:00 a.m. tomorrow. we could see gusts of 25 miles an hour. temperatures on the cool side, 20s inland, and in the mid 60s tomorrow, with more sunshine. i'll have more on the sunday forecast coming up. duck dynasty, how the tv network a&e plans to smooth over the controversiy. a new study names a san francisco neighborhood with the worst air quality. and teens banned from a city's mall. why stores are telling the demographic that spends the most to go home. . transit buses will continue to run. a new labor contract was approved with management. last time was the third time unions voted after two previous proposals were rejected. it includes a nine and a half percent wage increase over three years and employees will contribute $125 a month to health care. the agency's board of directors needs to approve the contract. the next meeting is january 8. take a look at this stolen cell phone selfie. police are searching for two thieves, one took this photo of himself with the stolen phone in august. authorities say a woman was walking down east 28th street and two men demanded her phone and necklace. she had the phone set up so photos would automatically upload to the internet. they believe the suspect took the photo. 300 teens stormed a brooklyn mall. stores were forced to close as they ran around and banged on storefronts. >> reporter: flash mobs are typically associated with fun. people dancing and singing in public places. but this week, they meant chaos. about 300 teens rushed a new york shopping center, forcing stores to close early. witnesses say the crowd shoved people and banged on doors, far worse than anything seen on black friday. >> nothing but kids, they didn't care, if you had bags, they took your bags. >> they broke my friend's arm. one they took their candy. and almost $100. >> reporter: exactly how much damage was done is unclear, friday, the mall turned away all unaccompanied minors. >> that is their decision, to stop this from happening. >> maybe they are trying to calm down the kids from being reckless. >> reporter: a similar incident happened on christmas day in jacksonville, florida. around 30 young people rushed the theater. a short time later outside the theater, more than 600 teens gathered in the parking lot, many of whom fought and jumped on cars. five peop arrests have been mad in the new york episode they are investigating security footage. a rescue ship trying to help a stranded russian research vessel near the north pole is now trapped in the ice. the ice was too much for it. >> reporter: the end is in sight, but not within reach. >> the icebreaker is coming to rescue us. >> reporter: that tiny dot out there is the snow dragon. the icebreaker seen from aboard the stranded russian ship. the chinese ship is itself blocked by ice up to ten feet thick. the captain told cnn earlier that the current ice condition is exceeding our capabilities to breakthrough further. it has been nearly 100 hours since the russian vessel first ran into trouble. temperatures dropped quickly, freezing the ship in place. >> we moved quickly as we could. the ship could not get through. >> reporter: 74 researchers are on board on a mission to study climate change. the ship and crew are safe and in good spirits, posing for photos and collecting data while they wait to be rescued. but they endured a blizzard thursday. >> the vessel has not moved for two days. we are surrounded by sea ice. we cannot get influence. >> reporter: now, the ice is building and closing in. >> we have two to three meters, maybe four in places surrounding us. at one point, the pressure of the winds has been bad. >> the crew of the chinese rescue shipping is hoping that a french icebreaker will help to free them. it is likely that ship will run into trouble, too. a third rescue ship out of australia is making its way there but is estimated to be two days away. >> no icebreakers needed here at ocean beach. plenty of warm water and warm air, too, to go around, with temperatures making it up into the upper 50s this afternoon under sunny skies and there are a lot of locations at the coast that actually made it in the 60s, like half moon bay and point rayes is up to 63 today. here is a live view at the bay bridge. clear conditions out there for tonight, with winds starting to get strong at the higher elevations. they will stay light at the lower elevations. a red flag warning in effect for east bay hill. otherwise looking at cool readings in the north bay and east bay valleys. for tomorrow, lots of sunshine but another spare the air alert in effect today, so a woodburning ban again. as you go into next week, the sunny weather and dry conditions continue to the new year. it will wrap up the dryest year on record for the bay area. morning temperatures, looking at upper 20s and low 30s, below freezing, at the freezing for the south bay, 40s by the bay. look at the highs for the afternoon, warming up to the 60s, similar to what we had today. we'll have more 60s on the way for the east bay, with san leandro, 62. 60 for san francisco and oakland. 60s north bay, and 60s will be popular through next week as we go in the new year. look for sunny skies through tuesday, new year's eve. extra clouds for wednesday and thursday. but as i mentioned, dry weather is with us through 2014. vicky. well, here in the bay area there is no snow, no ice, no rain, it is pretty much warm. and we're going to move on to that phil robertson. he is returning to duck dynasty, to the show. the star was suspended from the show earlier this month following comments he made in an interview in gq. he called home gays sinful, and opinions about a&e's decision are mixed. >> we think he had the right to say it. we believe in the same morals and christian beliefs he believes in. so we are behind him 100 %. >> there is a way to say things. if you don't agree with something, there are ways to word it, where you are not trying to dehumanize one. >> robertson thanked his supporters. a&e says it will air public service announcements to promote unity. openly gay youths will be able to be boy scouts on new year's day. the organization is still making decisions on policies about sharing showers and the ability to march in gay pride parades. some churches have dropped the sponsorship of the organization but they will move forward with the change as planned. next up, a traveler heading home for the holidays ends up at the wrong airport, making the mix-up worse, the passenger is nearly deaf. what the airline is saying. if you got a gadget for the holidays, it is time to figure out what to do with the old one. you can get top dollar for your used old devices. i'll show you how after the break. good. good answer. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. . if you got a new gadget for christmas. don't put your old one aside, because you can make money. >> reporter: most of the big box retail years, like best buy and target will give you store credit for your old device. going this route, you will get the least amount of trade-in value. if you want top dollar for the used devise, indications list or ebay is the way to go. but it is a major hassle. a lot of things can go wrong there. online, there are dozens of trade-in for cash websites, it is hard to know who to trust and who offers a good price. here is the site i recommend, gaselle.com. they have a good reputation. i ran through several selling scenarios and they seem to offer a good amount of cash. if you accept their offer for your device, they will provide a shipping label that you print out, they pay for shipping. you toss the gadget in the mail, once they move it they will verify it and pay you through pay pal or email you amazon gift cards. it takes ten days or less to get payment. as always, before you sell any device, do a factory reset on it to wipe out all your personal information. gabe slate, kron 4 news. the biggest scandals of 2013. custody fights, miley sensors, and celebrity weddings unveiled. et weekends. . here is the word of the day. bell. go to kron 4.com and click on rewards, register or log in and enter the word "bell" and you can earn points and enter for a chance to win prizes. . an oakland teen declared legally brain dead is still at the hospital in oakland. jahi mcmath's family is trying to move her to another facility. a judge issued an order allowing them to remove her life support on monday. they have until then to relocate her to another place willing to dare for her. target confirms that hackers stole pin data in the recent security breach. they say the information remains safe and secure, but experts say you should be cautious and look for unusual transactions and get a new card. federal unemployment benefits end today for 1.3 million jobless americans because a program signed into law in 2008 expired. an additional 850,000 workers will also lose state unemployment benefits in the next three months. the easest fix is apropossed extension for three months but cannot happen until congress returns in 2014. and we have some breaking news out of san francisco. at hunter police responding to a shooting. they found a man with a gunshot wound. the shooting is being investigated by police, who are still on the scene. there is growing concern about the safety of cell phones, the fcc says the technology does not pose a health risk, but a growing number of people don't buy that, saying better research is needed. kron 4's charles clifford talked to a man that said that he got a brain tumor from his cell phone and wants to warn the public about this. >> i didn't even use a land line. i used it constantly. >> reporter: this 49 year old said he started to use cell phones in the late 80s. >> i was not aware there is any health danger to my family or myself. >> reporter: then in 2009, after taking a bad fall in the shower, doctors discovered a malignant tumor. they believe it was the cell phone. >> the tumor is here. i hold the phone to my head here. >> surgeons removed the tumor, but this former olympic helpful has permanent neurological damage. >> after all the trauma and surgery, i cannot even walk a quarter mile. >> reporter: now, brett, who is also a lawyer, is on a mission to educate the public about the potential dangers of cell phones. he believes that the radio frequency energy that the phones give off is a serious public health threat. >> these phones can be dangerous. >> reporter: the federal communications commission says that there is no evidence that the wireless devices cause cancer or any other problems, but a recent report by the world health organization concludes that cell phones could be carcinogenic to humans, debra davis believes that the fcc's position is based on outdated research. >> 17 years ago, the standards for cell phones were set. would you want to fly in an airplane with 17 year old safety standards? would you want to drive in a car with 17 year old safety standards? why on earth would we expect people that use cell phones in ways that you never imagined when they are first invented. >> >> reporter: they want people to know there is one simple step to take to avoid problems. >> just make sure you keep it off your body. distance is your friend. if you do that, you will not get a brain tumor, probably. a new study by mit says san francisco's unhealthiest air is in one of the live liest neighborhoods. the inner mission has one of the highest rates of pulmonary disease. >> reporter: the study compares the mission district with the outer mission district. both neighborhoods are bordered by freeways, a known health risk, and the outer mission has families living close to industrial pollution. but people in the inner mission are six time more likely to suffer from pulmonary disease, they studied aerial photos and the secret was in the backyards. the outer mission is more likely to have trees. this is a drawing of a typical mission block. lots of pavement and little green. an outer mission block has backyards, there are three times as many trees and greenery. they recommend that you plant more trees and encourage home owners to install green roofs. and speaking of pollution, we have poor air quality again for tonight and a spare the air alert in effect tonight, but that continues to tomorrow as well, it has been extended for yet another day. we have some gusty winds over the higher elevations. you can see the camera on mount tam shaking around, a red flag warning in effect for the higher elevations of the north bay. a little cooler in redwood city at 48. 43 at walnut creek. here is the satellite view. there is the storminess in the pacific. it is well to the north. we are high and dry in california. that will be the pattern through the end of this year. clear skies tonight, lots of sunshine for tomorrow, starting tool, but going up in the 60s by the afternoon, i'll tell you more about the forecast for the rest of the weekend coming up. still ahead, you think 2013 was rough for you? coming up, we are looking back at some of the politicians' biggest blunders. and next, a christmas day surprise turns into a nightmare. what was found in this wal-mart sweater that has a family fearing the worst. . a teen in washington state made a horrific study trying on a new sweatshirt. he reached in the pockets and was picked by a syringe. the christmas day turned in a nightmare, there were two used syringes. he was rushed to the emergency room. the item was purchased at wal- mart before christmas. an incident report was filed and they are looking in the situation. >> i think he will be fully mentally healed until after the six months, until after all the blood work. i hope this was an isolated incident. >> a series of tests have to be conducted before the teen is officially cleared of hepatitis or hiv. calls to wal-mart's corporate office have not been returned. as the song says, "where cable cars climb halfway to the stars" look for a new cafe at the end of the cable car line. a hearing impaired man is stranded at the wrong airport. and a warm day around the bay area. 60s and 70s. i'll talk about how much longer the weather will last coming up. . a seattle woman is thanking employees that helped her hearing-impaired brother arrive home safely. he accidentally got off his flight in phoenix instead of seattle. the airline employee called the sister to let her know to pick him up. >> all of a sudden she says you are at sky harbor. and i said no, i'm in seattle. she said, my goodness, we'll get him out of here. >> he was on the next plane, the man said the next time he travels, he will let the airport employees know he is hearing impaired. it is a bit of a rough year for a few politicians. next, a look at the biggest scandals of 2013. we start out sunday with temperatures cold in the north, 40s in the middle of the day, the forecast next. good. good answer. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. . a cycling champ finally comes clean and the queen of southern cooking loses her thrown. and we cannot leave out toronto's crack smoking mayor, rob ford. those are some of the scandals of 2013. joe johns gives us a look back. >> reporter: number 10, beam me up, baby. it is seldom you get to the crack answer of the year. it happened to the star of his own crack smoking video. toronto mayor rob ford got put on the spot in an open forum with the world watching. >> have you purchased illegal drugs in the last two years? >> yes, i have. >> reporter: ford was a trendsetter in 2013. leader of the pack in the category of mayors gone wild, with honorable mention to number 9, bob filner who resigned after sexual harassment allegations, including a former female employee that filed suit, alleging that filner said wasn't it be great if you worked without your panties on. he was sentenced to probation before assaulting women. number 8 in the worst mayor, kwame kilpatrick, convicted of racketeering, it pushed the motor city in the largest bankruptcy in history. he got the term he wasn't elected to serve. 28 years in federal prison. and speaking of elections, number 7 is not a mayor, but could have been. new york's anthony wiener, a hit performer on a list from past years for the sexting controversy, he ran for the top job. but when more explicit pictures surfaced sent to a 22 year old woman, wiener lost the primary with less than 5 pearls of the vote. wiener gave the media the universal "we're number one" hand signal as a parting shot. on the subject of popularity, next up is the internal revenue service and one of the most notorious naughty lists in recent u.s. history. seems somebody at the irs got the idea to single out conservative groups for extra special attention. it sparked outrage from coast to coast and investigation from the justice department. and speaking of spilling the goodies, there are nongovernment players that must be mentioned for outstanding performances in 2013. number 5 on the list is the former man of steel, lance armstrong. here is a guy that was master of the cycling world and the big lie, winning the tour de france seven times, but after being banned from the support he gave a tell-all interview with oprah and gave the biggest understatement in the history of sports. "i'm not the most believable guy in the world." >> and number 6 is the phony sign listening interpreter who crashed the nelson mandela memorial service. it came to light that he had once been accused of rape and murder but was founding in. number three is paula deen. what would possess the host of a cooking show to get embroiled in a lawsuit where somebody was going to ask her under oath whether she ever used the "n" word when she knew she did. can you say settle the case already? and speaking of legal problems, number 2 on the list is the not so secretive nsa, the national security agency. who would have thought that one government outfit that was supposed to be stealth city could manage to embarrass or manager everybody in the u.s. by letting a rogue former contractor named edward snowden download a bus load of secrets from its computer system. splash some of it to the media, then run off to russia, of all places, while the goodies continue to be spilled. and finally, coming in deed even for first for the broken government award of the year, congress, for the absolutely government shut down crisis of 2013, that featured an absurd dramatic reading of a doctor suess classic in the middle of a talkathon. and not to be overlooked, the obama administration for the utterly disastrous bung willed rollout of the health care.gov website. the futile attempts to dismantle a law of the land upheld by the supreme court, with the stated aim of getting rid of the president's signature achievement, or the video replays of the leader of the free world promising that his signature achievement would allow anyone to keep the status quo, only to find out that, well, it just wasn't true. >> if you like your health care plan, you can keep your health care plan. >> joe jones, cnn, washington. i sure like the weather this afternoon. it is beautiful at golden gate park. a great day to be out with friends and family. temperature were around 60. we had temperatures in the 60s in some places and now it is clear and getting cold, especially in the north bay valleys. we'll see 20s in the coldest spots and gusty winds developing in the higher elevations and possibly over 35 miles per hour, and with the dry conditions we've had, it has been dry a while, but that means high fire danger and a red flag warning through 10:00 a.m., when the winds begin to subside. we'll also have sunshine again for sunday and another spare the air alert in effect with wood burning prohibited, monday and tuesday sunny, mild temperatures, no change in the forecast, and for new year's eve mostly clear skies an temperatures in the 40s, or perhaps the low 50s before midnight. for tomorrow, mid 60s around the bay area. 66 san jose. around here is the seven day around the bay. through the end of 2013, the dryest year on record in the bay area. monday and tuesday, last two days of 2013, mostly sunny, with temperatures for the afternoon in the 60s. we'll have some extra clouds for january 1, and thursday as well, but dry conditions all the way through next weekend and even into next week. vicky. time for dine and dish. with vicky. >> if you find yourself surrounded by a bunch of cable cars, you have come to the right spot. cafe terminus, appropriately named. we have to check it out. the bar was opened at the end of the california street cable car line. hens the name, terminus. >> have a drink, get on public transportation and have a nice time. >> you will have a nice time and a great meal all day long. >> that was sort of the idea behind the concept, that we were having this all-day cafe and serving the needs of different people at different times. >> cafe terminus opens for breakfast and closes at 2:00 a.m. for the cocktail crowd. dennis makes a great sandwich and has several hip restaurants and bars in the street. he has his own farm and roasts his own coffee. >> that's what i do. it is my life. i love it. all aspects of it. i don't mind mopping floors or cleaning. i love to cook. it is the only thing i have ever done. if i was smarter, i would probably do something else. >> i'm glad he decided to stick with food. i had a great roast beef sandwich. the mediterranean vegie sandwich was great. to find out more about cafe terminus, go to kron4.com and click on "dine and dish." the man deemed the best dressed of 2013 has been crowned. why the man winning the title is the most humble winner of all time. good. good answer. check it out. learning's fun now. yeah, back in our day, we didn't have u-verse high speed internet to play and learn online. all we had was that franklin fuzzypants. ah, the educational toy bear. remember when the battery went out? [ slow, deep voice ] give me your abc's. all i learned was a new definition of fear. i need some pudding. yeah, there's one left. [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. . best dressed man. the best dressed man of the pope. the people at esquire think so. officials admit it is an unconventional choice, but his fashion decision shows a humility rarely seen. you almost want to wear summer clothes, it is so warm. >> go ahead and do so. we have temperatures that will be in the 60s another day, perhaps even in the 70s p but not in the morning, because it is chilly to start the day. and 60s for sunday. that is it for kron 4 at 8:00. get the latest at kron4.com or download one of our mobile apps. the next newscast is tonight at 11:00. see you then. ♪ ho ho ho [ female announcer ] at 100 calories, not all food choices add up. some are giant. some not so giant. when managing your weight, bigger is always better. ♪ ho ho ho ♪ green giant tomato florentine soup, it took a little time to get it just right. [ ding ] ♪ but finally, it happened. perfection. at progresso, we've got a passion for quality, because you've got a passion for taste. >> arrests, custody fights. r-rated miley. et reveals biggest star scandals of 2013. i'm rob marciano. >> are you kidding me? >> reese witherspoon drunk in handcuffs. amanda bynes in a mental hospital. lance armstrong's doping confession. >> paris jackson's suicide attempt. what denise richard told e.t. about charlie sheen's troubled twins. >> how difficult was title give them up? >> paula deen called a racist. >> i is what i is. and i'm not changing. >> was camille grammar beaten by her boyfriend after cancer surger

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the investigation just beginning. and caught on tape between a rock and a hard place. this kayaker suddenly trapped under a raging waterfall. his helmet, barely visible. how his friends raced to free him, breaking him loose just in time. and good morning, america. what a dramatic and scary night. it happened at one of america's biggest malls, not far from here, in suburban new jersey. you see it right there. aerial pictures of the garden state plaza mall. we're pushing in right there. investigators on the scene. around 9:30 last night, a 20-year-old man walked in and calmly began shooting. >> there were thousands of people inside that large mall. hundreds remained all night during a lockdown, yard-by-yard search of the complex. police calling it a nightmare scenario. >> incredible night. we're going to get to the scene right now and talk to an eyewitness in a minute. let's get to gio benitez. he's in paramus, new jersey, this morning. good morning, gio. >> reporter: george, good morning to you. you said it. it was a frightening scene here overnight. a six-hour search for that gunman. the good news right now, nobody else was injured here. but that gunman was found dead. at approximately 9:20 p.m., a man wearing all-black and a motorcycle helmet opened fire with a modified large rifle at the garden state plaza mall in paramus, new jersey. just minutes before the mall closed. >> as soon as i came upstairs, the mall security guy was just screaming at me to get out. >> i just tried to make sure people got out safe. >> reporter: panicked shoppers and mall employees ran for their lives. thousands of people inside at the time. the man continued to shoot randomly at an open area of the mall, not taking aim at anyone. >> they looked scared. i looked to my right and i saw him walking. i was like, oh, my god. >> reporter: a massive police presence descended on new jersey's largest mall. employees and shoppers, desperately seeking safety wherever they could. after the initial evacuation, 400 people remained hidden in that mall, as the gunman continued to fire. >> people were running crazy. you know, because we heard like, three, four shooting. i think he was shooting some of the cameras in the mall. >> reporter: s.w.a.t. teams and canine units went store to store, searching for that shooter. at 3:20 a.m., police see the suspect on surveillance camera go to a secluded part of the mall and kill himself. no one else is injured. at 4:45 a.m., police announce the all-clear, that the suspect 20-year-old richard shoop of new jersey shot at least six rounds in total from a rifle that he stole from his brother. >> i do not believe that mr. shoop thought that he would come out of here this evening alive. he did have opportunity to shoot people and did not. >> reporter: law enforcement is familiar with shoop, who is known for having a drug problem. using heroin and molly, a highly-potent form of ecstasy. and police say he left behind a note. the alleged shooter left behind a note. they're still trying to figure out exactly what happened here. investigators are talking to his parents and brother and searching that home, george. >> thanks, gio. joined by an eyewitness at the mall last night, kimberly. thank you so much for joining us this morning. tell us what you saw. >> well, first, i actually heard the gunshot. i work in a boutique right next to nordstrom. and all of a sudden, i saw a man dressed in black. and he was holding a rifle right next to him. and it was pointed upward. and all of a sudden, i saw him shoot it. >> was it pretty clear to you that he was not trying to shoot at people? >> well, he was holding the rifle upward. and he shot it upward. so he wasn't shooting at anyone. it was scary. >> and yet, he was coming right towards you? >> yes. he was just walking slowly towards our side of the end of the mall. >> when you saw him coming, what did you do next? >> my manager was actually in -- close to the back room. she screamed for me to come in the back room. we didn't have time to close the gate all the way. so, it was open. and we were terrified that the man, since he saw us, would come to our store. >> and about how many shots did he fire? >> well, he shot one when -- the one that i heard. then, he shot one when he was coming towards us. and then, when we were finally inside in the back room, he shot three more shots. >> so, you're hearing all these shots outside. how long did you stay in that back room? >> we were there for about an hour. >> what made you think it was safe to come out? >> well, we heard a man pull up the gate. and my manager was terrified that it was the man who was firing the shots. but it wasn't. i opened the door. i peered through the little crack. and it was a bunch of cops just letting us out of the mall. >> kimberly, thanks very much. >> you're welcome. we're getting new video from inside the mall, as people began to leave just after the shooting. it was 9:30 at night. the mall was still open. thousands of people inside. we're going to bring in bergen county prosecutor, john molinelli. who has been on the scene all night there in paramus, new jersey, leading the investigation. can you tell us more about what you know about the shooter? >> well, i certainly know that as he entered the mall, we don't believe that he really intended to shoot anyone. there was so many people around him. the mall was closing in ten minutes. there were thousands of people. and many people just surrounding him. and the fact that he shot into the ceiling or randomly at other topics or other things, we don't think he actually went in there with the intent to shoot anyone. we think he went in there with the intent that he was not going to come out alive. >> and he allegedly stole the weapon from his brother? >> it was his brother's weapon. it was a lawful firearm. he stole it from him. as well as the motorcycle helmet. >> were people aware -- were authorities aware of this young man before what happened last night? we know that he has reportedly a drug problem. molly, the street name for that drug. what more can you tell us along those lines? >> he was known to local authorities. certainly not for what he did late last night. but he was known as somebody that used drugs, abused drugs, dealt in drugs, which may well have been the reason why he ultimately chose to do what he did last night. >> and he did leave a note, a suicide note? >> he left a note. it's a bit ambiguous. i'm hesitant to say it's a suicide note. it does express that an end is coming. it could have been prison. it could have been what he did last night. but it certainly was something that gave his family reason to reach out to us some time after 10:00 last night. >> the family seems to have been cooperating. john molinelli, we know it's been a long night for you. we appreciate you joining us this morning. you take care. >> thank you. we return to the latest on the alarming fire on the runway. a baggage truck in flames. hundreds of passengers fleeing for their lives. several injured during the scary moments in montreal. david kerley joining us with the details. good morning, david. >> reporter: george, amazing pictures. you have just arrived after a long flight. you're waiting to get off the plane. and all of a sudden, the cabin fills with smoke. that's what happened in montreal. forcing an emergency evacuation. seven of the passengers were injured. some from smoke inhalation. some from jumping down the emergency slides. you saw them scurrying away. reports say this plane arrived from casablanca. as the passengers are coming out. the bags pulled from the cargo hold. and the conveyor belt ignited. shooting flames up the belly of the plane and thick, black smoke. from the rubber of the conveyer belt. that's when the emergency evacuation of all 250 passengers and 8 crew were ordered. and as you can see, george, they were running to get away from that aircraft as quickly as they could. >> i bet they were. any update on the injured? >> reporter: we understand that two of them were treated on the scene. five went to the hospital. we hear they're in varying degrees of conditions. nobody sounds to be in critically serious condition, george. >> thanks for that. david kerley, thank you very much. let's get the rest of the day's top stories from josh. we're going to begin about drama unfolding at a denver middle school. police s.w.a.t. teams rush in after janitors report a break-in at the school. surveillance cameras appear to show two men with rifles and backpacks. officers negotiated with them over the p.a. system while ordering neighbors to stay indoors. finally, the suspects, two 15-year-olds, surrendered with b.b. guns. officers say it appears to have been a simple burglary. and a new warning in the wake of the deadly shooting at l.a.x. homeland security and the fbi have issued a bulletin to law enforcement, urging them to remain vigilant for copycat attacks. the justice department says security at all airports will be reviewed. we're hearing from the tsa officer who was shot twice friday, tony grigsby. you see him there leaning on a cane, speaking outside of his home. saying all he could think about was helping people. >> i was injured while helping an elder man trying to get to a safe area. i turned around and there was the gunman and shot me twice. i'm just a regular person. i'm not here for no fame or no glory. i came to tsa to protect people. >> just a regular person and a hero. meanwhile, investigators believe, the alleged shooter, paul ciantia was targeting tsa officers. they're not sure why yet. he remains unconscious at an area hospital. and johnson & johnson will be settling a claim that it promoted drugs for unapproved uses and paid kickbacks to doctors. the drugs in question were two schizophrenia medicines and another drug. and new details about the nfl coach who collapsed on the field sunday night. nfl.com is reporting that gary kubiak, coach of the houston texans suffered a ministroke. thankfully, the residual effects are said to be minimal. and a once-in-a-lifetime sight along the west coast. it's a superpod of dolphins, swimming alongside a ferry. more than 1,000 dolphins in all. they kept pace for about three minutes before they hung a right and banged their way into the pacific. but my god. seeing 11,000 of them. the p.a. announcer was letting somebody know their burrito was ready. i think the 1,000 dolphins may have been a little better at that moment. but i hear great things about the ferry burritos. >> you see sam's eyes light up? >> they're beautiful, too. when they're it having fun. >> and nobody needed rescuing. >> nope. no rescuing. election day now. many of you may not have noticed. there are a few key races this year with consequences for president obama. jon karl with more on that. governor races in virginia and new jersey. >> reporter: that's right, george. two, big state-wide races today. democrats up in one. republicans up in the other. but in a sense, today may be the day that the 2016 presidential campaign begins. chris christie is flying so high in the polls, his final campaign swing for re-election as new jersey's governor looked more like a victory lap. the latest poll his him leading barbara buono by over 30 points. he leads big among women and independents, all in a democratic state that obama won by 17 points last year. that adds up to a central argument of a christie presidential campaign he can win. >> whatever the future brings, it will bring. but first things first. >> reporter: in virginia, a tighter race. but it's the democrat, terry mcauliffe, over ken cuccinelli, a very conservative republican with tea party roots. from barack obama on down, democrats have flooded virginia for mcauliffe. but a victory for him will also be seen as a victory for hillary clinton. that's the way one big-name republican sees it. >> this is the first victory of the clinton march to the presidency. it will be a tribute to terry's per s persistence and bill and hillary's ability to build a political machine. >> reporter: mcauliffe is a long-time confidant of both clintons. when barack obama won virginia in 2008, he became the first democratic presidential candidate to win the state since lyndon johnson. now, the party is hoping that after today's election, they will control all the major statewide offices, george. governor, lieutenant governor attorney general, and both senate seats. >> big change there, jon, thanks very much. big race in new york, as well. the new york about to have its first democratic mayor in 20 years. >> when you said election day, people were like, that's right. but now to the bullying scandal shaking up the nfl. the miami dolphins player, accused of harassing his teammate has been suspended indefinitely. as new details of his shocking behavior emerge. matt gutman has the latest on this developing story. [ bleep ]. >> reporter: this morning, a disturbing look at the nfl lineman accused of crossing the line. >> [ bleep ]. >> reporter: this newly-surfaced video, posted on tmz, shows a shirtless richie incognito, going on a profanity-laced rant, at a south florida bar earlier this year. the 6'3", 320-pound 30-year-old is now suspended from the miami dolphins for conduct detrimental to the team. espn reports incognito is being reviewed by the dolphins, the nfl, and the players' association for allegedly bullying his teammate, second year lineman jonathan martin. >> maybe you shouldn't use your [ bleep ] number as your ipad pass word. >> reporter: this clip from the series "hark knocks" shows incognito allegedly hazing another teammate. >> i was going to put something up there rude. but i saw the picture of your girlfriend and felt bad. >> reporter: but he may have been more vicious. espn is reporting that he harassed martin with a spring of racist texts and voicemails, that declares i'll kill you. that's a far cry from his public endorsement of martin in this taped interview last year. >> no, he's great. he's an athletic kid. he's a smart kid. he's a good kid. >> reporter: the dolphins head coach said he hasn't heard of any hazing. how could you have missed that? >> i never saw it. >> reporter: you never saw it? some teammates also denied seeing any bullying firsthand. >> those things can get looked over because there is so much going on. >> reporter: for "good morning america," matt gutman, abc news, miami. >> and espn nfl insider, adam schefter joins us now. you have been all over this story. and we heard about the text messages. and we heard the voicemails and all that. and people want to know, has incognito played his last game with the dolphins? >> his contract is up after this year. he's been suspended indefinitely. he will not play for that team again. the question is if he will be allowed to play in the nfl again. we've seen people come back from controversy. michael vick did it, with the philadelphia eagles. and this year, riley cooper, after a semisimilar situation resurfaced in frphiladelphia an is thriving. you never know if he'll be able to play again. but to play for the dolphins right now, is a big stretch. >> and he, he being incognito, has been on twitter. he's gone after you. gone after others. in fact this is one of the more passionate ones. adam schefter, enough is enough. if you or any of the agents you sound off for have a problem with me, you know where to find me. #bringit. i know you don't reveal sources. you have broken the story. how did you come to realize this was happening? >> there were enough people that he has tent text messages to, left a voicemail for. enough people who are friendly with jonathan martin. enough people that are familiar with the case. this is not just about jonathan martin. this extends to other people within the dolphins organization. and other people know about it. look, his background is very obvious. all you have to do is google his name. it's in "the usa today." in every newspaper. all over espn. the facts of his background and resume speak for themselves. >> we heard in matt's report coach saying he had no idea what was going on. and you know, there are many that say that goes on in locker rooms across the country. but it's a different climate now. and this behavior really is totally unacceptable. >> this is not about locker room mentality, robin. this is about harassment in the workplace, which is unacceptable right now. there's a light that's shined on it. bullying has become a bigger topic than ever before. and here is a perfect example, in the most popular sport in the country about bullying. >> and we haven't heard from jonathan. >> i was told yesterday that he feels as if the weight of the world has been lifted off his shoulders. >> i hope that he'll come back and play. great work, adam. let's get the weather from sam. >> good morning winter weather advisories stretching from new mexico into michigan today. so that's a good, heavy hit. nine states will get snow. eight inches are possible in the areas that are picking up. there's fog in that area that's just kind of outside of that snowbank. and it's wisconsin. it's minnesota. it's also a little bit of iowa that will get in some very heavy fog early this morning. here's the snowfall totals. 3.6 inches in sioux city. minneapolis, you're getting a little bit of snow as well. north platte, getting almost seven inches of snow. aspen, a kick in the mountains here. this is a long stretch of the dividing line that will be rain deep into texas. but what is certainly a good hit of snow right along those areas. a quick look at the area that's shifted east in the new england area. but still providing a chill this morning. windchill numbers like 39 in new york, 32 in boston, 40 in washington, d.c. we'll show you where temperatures are milder a little later when we come back. >> let's just take one quick look at the big national board. and let you know all that weather was brought to you by progressive insurance, ladies and gentlemen. >> pretty. coming up, a major settlement in the league t -- legal battle of a major car crash of two girls tailgating if the new england patriots stadium. and a kayaker trapped under a waterfall. how his friends broke him free. and michelle pfeiffer reporting that she was once a part of an extreme group that believed they could live on air and light. and cher on "dancing with the stars. also. can you pass the sunlight? 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how about - every day? coping with asthma isn't controlling it. test your level of control at asthma.com, then talk to your doctor. there may be more you could do for your asthma. ♪ [ mom ] be right there, baby. 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[ baby crying ] ♪ [ female announcer ] new pampers. unlike ordinary diapers with 2 layers, pampers have 3 absorbent layers, to stay up to 3 times drier, so babies can sleep soundly all night. ♪ wishing you love, sleep and play. pampers. ♪ everyone that's still in town, ♪ ♪ is at friendsgiving, so come on down. ♪ ♪ the turkey's hot and the table's fun, ♪ ♪ join the party, everyone. ♪ that's my kind of holiday. good morning. i'm eric thomas. happening today, commuters in sonoma county are advised to give themselves plenty of extra time if they're driving through roller park today as the biggest casino in the state has its grand opening. the massive resort and casino opens at 10:00 this morning. it's situated just west of highway 101 off golf course drive. home to blackjack and slots and video poker. brace for 10,000 extra cars per day. here's leyla with the morning commute. looks like the freeways are completely full of traffic right now. we have a brand new accident northbound 280 at the nimitz. we have car pool lane blocked off right now, heavy bumper-to-bumper traffic as you make your approach into cupertino. the traffic advisory still in effect in el cebrate. eric. leyla, thank you you. and why can you move the tv out here? the wireless receiver. i got that when i switched to u-verse. but why? because it's so much better than cable. it's got more hd channels, more dvr space. yeah, but i mean, how did you know? i researched. no, i-i told you. no. yeah! no. the importan and i got you this visor. you made a visor! yes! that i'll never wear. ohh. [ male announcer ] get u-verse tv for just $19 a month for two years with qualifying bundles. rethink possible. good morning. before you step outside i thought i'd show you current conditions. 50s along the peninsula all the way to 54 in san francisco. the rest of us pretty much in the 40s. warm spot livermore at 60. check out golden gate bridge, looking gorgeous this morning. we are going to have temperatures one to eight degrees warmer than yesterday. most of us in the upper 60s to mid-70s. here's your accuweather seven-day forecast. warmer than average tomorrow then a slow when ouwe goword. she said hert (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew what? (announcer) the subaru forester. (girl) what? (announcer) motor trend's two thousand fourteen sport utility of the year. love. it's what makes a subaru, a subaru. colgate optic white dual action shines and whitens over 2 shades more than a leading whitening toothpaste. and whiten even more, with optic white mouthwash and the whole colgate optic white line. prove it. enough is enough. d-con baits are specially formulated to kill in one feeding. guaranteed. d-con. get out. live aerial shots right there from our station wabc. the helicopter over paramus, new jersey. one of the largest malls in the country right there. what a dramatic, scary situation last night. still unfolding right now. a 20-year-old man walked in, calmly started shooting. the gunman is now dead. no one else, miraculously, was injured. we'll have the latest ahead. the investigators still combing through that mall this morning. >> wabc did a great job of keeping people informed last night in the city. and we're also going to show you remarkable video. a kayaker, caught on tape, trapped under a raging waterfall. >> red helmet. that is a face full of water. how could "dancing with the stars" get more exciting? i don't know. maybe cher takes over the ballroom and starts singing and judging? the latest couple, though, today this morning, to get booted. look at that. >> they were having a great time last night. >> oh, let me tell you. twitter was electric after that. boom, it went everywhere. >> there's something about cher. gets you every time. >> she's a legend. look at her. we're so excited about our great "gma" car giveaway. it's your chance to win one, not one, not two, but three brand-new mazdas. to get the keys to a new car you have to watch the show carefully this morning. you need to listen for this sound. [ tires squeal and horn beeps ] all right. that means there's a clue. >> okay. >> and to see the full contest rules go to goodmorningamerica.com on yahoo! you don't want to miss this. >> listen closely. watch closely. right now, we're going to begin, with a major settlement in the league battle of a deadly car crash that took the lives of two girls who had been tailgating outside of the new england patriots stadium before a concert in boston. they claim that the police failed to watch people fn underage drinking at the tailgating. abc's linsey davis is here with the story. good morning, linsey. >> reporter: good morning, george. there were a lot of differing opinions about whether a suit like this should even be heard by a jury. but the attorney for one family argued gillette stadium and the owner of the patriots are just as responsible for what happened to their daughter as if they had sold her the alcohol directly. a grieving family, taking the companies that oversee parking and security at new england's gillette stadium to court, for not regulating underaged drinking at a tailgating party on their premises. but on monday -- just moments before the trial was set to begin -- >> the matter has been resolved, your honor. yes. >> reporter: robert kraft, the owner of the new england patriots and gillette stadium, and the family of debra davis reached a settlement. davis was killed in a drunk driving crash. her friend, alexa latteo, was behind the wheel and also killed. >> we're happy it's come to a close. however, you know, it's been five long years. >> reporter: mary ann davis has fought have to her day in court. all along, she maintained that the kraft group and gillette stadium should be held accountable for the death of her daughter. >> debra was a good, young lady. she made a bad choice. >> reporter: davis and litteo's friend, nina houlihan, was also riding in the vehicle and was the only survivor of the crash. >> we were drinking and partying all day. >> reporter: the underaged girls, seen here in this video, had spent several hours drinking alcohol they brought to a tailgate party outside of gillette stadium. they paid admission to park at the stadium but did not attend the country music fest event inside. under the terms of the agreement, the family will get an undisclosed financial settlement. the defendants didn't admit any wrong doing. their goal is that safety measures will be put in place in future musical festivals. >> don't want to see another parent go through the hurt and suffering that my wife and i have. >> reporter: no word on an amount or the measures that the davis family finally settled on. lawyers for kraft would not comment at all about the settlement. >> ox -- okay, thanks, linsey. dan abrams, our chief legal affairs anchor. such a tough case. but the patriots did not serve the liquor. the accident didn't happen on-site. >> and they didn't have tickets to the festival. >> yet they still settled. >> that's right. look, this was a tough case. the reason they ended up settling was because the judge let this go to trial at all. there's no questions that the kraft family was hoping the judge was going to throw it out. the minute the judge let it go to trial, the argument there was, they knew there was drinking going on in the parking lots. they had been warned about it. there was no oversight, no supervision, et cetera. but the minute that judge rules, i'm going to let it go to trial, you're risking sympathy on the part of the jurors. the jurors are going to feel bad and feel horrible about the tragedy that occurred and say, somebody ought to pay for that. that's the concern. that's the reason for a settlement. but i'll tell you, this was not a strong legal case. >> what is the law here? >> look, it depends on how you view it. there's a case in massachusetts where a family had a home. they weren't home at the time. kids and others had a party at their home. they didn't know about it. the question is, should they be liable? the highest court in massachusetts ruled they should not. but there's no question, if you're serving, for example, alcohol at your home or at a place, or at a stadium, you can be responsible for what happens afterwards. what makes this case different is, they weren't serving. this was a parking lot. these kids brought their own booze. so, it was a long shot case that i think the judge probably should have thrown out from the beginning. but the minute it went to a jury, the kraft family was in a tough spot. >> so does this settlement set a precedent? >> the settlement doesn't. but if the case gone to trial, it could have. now to the dramatic rescue caught on tape. a kayaker trapped between two rocks. pinned undera waterfall. his friends racing to free him. abc's john muller has that story for us. >> reporter: a seemingly normal day on the water took a potentially deadly turn for experienced kayaker mark hardingham on saturday. seen here on this video, 56-year-old hardingham and his friends are paddling in the river about three hours outside of london. an area listed as one of the most difficult rivers to kayak in england, when suddenly, mark's kayak got stuck between two rocks. hardingham and his kayak were vertically pinned under a ranling waterfall. his body trapped and head held underwater. his friends waste no time, springing into action. racing to free hardingham. they abandoned their kayaks. they use ropes to harness him, allowing him to gasp for air. then, pulling hardingham to safety. >> we're extreme kayakers. things do happen. we make sure we're surrounded around good mates to be able to deal with those situations. as you can see from the video, i had an expert team. >> i've got him. >> reporter: after a few tense moments, he climbs up on to a rock. and he gets by with a little help from his friends. >> and i hope my wife doesn't find out about it. >> reporter: for "good morning america," john muller, abc news, new york. >> that was amazing video to see. so glad he is okay. his friends were there to bail him out. let's get another check of the -- sam, looking behind you. we see ft. lauderdale, 81, thank you. >> you don't have to look at the graphics yet. look at this. take a look at in this morning. good morning, broward county. here's the strong area of high pressure in the northeast. what it's doing from the coast. and take that from ft. lauderdale north to the carolinas and the south carolina shore. it has the waves kicking up. the palm beach area getting about ten-foot waves. ft. lauderdale, 81 degrees, though. 81. >> it's cloudy, though. it was cloudy. >> yes, whatever. >> it's cloudy, but it's 81. new orleans, 75. birmingham, 70 degrees. now, the northern low. as the cold front swings in, it's not only responsible for the snow that we showed you at the top of the show, but all of this. this is very heavy rain. wichita, oklahoma city, all the way to dallas. central texas and austin -- i know austin is trying to get itself together after the terrible flooding. you're not in the heaviest pocket of rain. a quick look at the big board. that's the line of snow. and it's rain every place else. might have noticed, l.a. about 71. we'll talk more about the southwest in the next half h >> all of america's weather right there. brought to you by kmart. josh? robin? george? lara? >> am. >> i like it. like little kids, yeah, but it's cloudy. >> and 81. >> and it's 81. coming up, michelle pfeiffer, admitting she was once a part of an extreme group. believing they can live on air and light instead of food and water. and so many women making money donating their own eggs. are they putting their health at risk? come on back. and frankly, it's a little insulting. this holiday, if you get your kid a leap pad ultra, or a razor scooter at kmart... i assure you, your kid will play with said toy. 'cause a kid who plays with the box, is a kid who didn't get... a nintendo 3ds. join shop your way at kmart. free instant membership. get in. get more christmas. what does that first spoonful taste likok. honey bunches of oats. ching! mmmm! mmmm! mmmm! wow! it's the oats. honey. yeah. honey bunches of oats. this is a great cereal. ghirardelli squares peppermint bark.zvous ♪ rich chocolate layers and festive peppermint. a ghirardelli original. ♪ a little reward for all the things you do ♪ get them before they disappear. to prove to you that aleve is the better choice for her, she's agreed to give it up. that's today? [ male announcer ] we'll be with her all day to see how it goes. [ claira ] after the deliveries, i was okay. now the ciabatta is done and the pain is starting again. more pills? seriously? seriously. [ groans ] all these stops to take more pills can be a pain. can i get my aleve back? ♪ for my pain, i want my aleve. [ male announcer ] look for the easy-open red arthritis cap. for my pain, i want my aleve. your relaxing side is calling... your let's do it all side has arrived... and an unforgettable disney vacation is all within your reach. and right now, you can create a 7-day package including a select walt disney world resort hotel room and theme park tickets for as little as $75 per person per day for a family of four so come on. show your disney side, this year at the place where dreams come true. and we are back, now, at 7:42, with a surprising revelation, from not just michelle pfeiffer. the star opening up about her past involvement with a cult. people who believe you can live primarily on air and light instead of food and water. abc's paula faris has the story. >> i am cat woman. hear me roar. >> reporter: she's breathed life into some of hollywood's most iconic roles for over 30 years. >> i have nick the pig as a friend. >> reporter: now, michelle pfeiffer is revealing that one of her first experiences in hollywood involved a bizarre practice called breathairianism. the belief that humans should live on mostly air and light instead of food and water. in a new issue of "the sunday telegraph" magazine, "stella" she says when she first moved to tinseltown as a 20-year-old, she fell under the influence. they were very controlling, she tells the magazine. they believe that people in their highest state were breathairian. and she says she soon came to feel she had become part of a cult. it wasn't until pfeiffer got involved with her first husband, actor peter horton, that she says she realized the dangers of the breathairian lifestyle. telling the magazine, the strict fasting diet was a regimen nobody could adhere to. is there this approach goes way beyond that of a fad diet. you can't live without food and water. it's extremely dangerous to try. >> reporter: breathairianism started in california. but as portrayed in this episode of national geographicic's taboo, some believe living on light is a secret ingredient to weight loss. and even immortality. >> the average human being, eats three meals a day. i've had seven meals for the last ten months. >> reporter: with her early adventures in the so-called cult long behind her, pfeiffer says she's now a practicing vegan. one who still has the power to leave us all breathless. for "good morning america," paula faris, abc news, new york. >> i'm glad she's okay. >> love her. >> are you filling up? >> the works. coming up, everybody. >> lara, can you pass the sunlight? >> an interview you don't want to miss. robin had the chance to go one on one with shania twain. >> awesome. can't wait for that. also, "play of the day." we do this every year. >> what? >> it's halloween. jimmy kimmel exists. >> oh. >> come on back. peacekeeper in . before william hughes fought in vietnam... and john hughes jumped into normandy... and john anderson hughes served in world war i... and before robert hughes joined the spanish-american war... there were families connected to the belief that freedom was worth fighting for. we're proud to help veterans and their families succeed here at home. 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[ chomping ] [ kids laugh ] so before the first sneeze [ chomping ] help protect with a spray before the first tissue help defend with a wipe. and help prevent with lysol to get 10x more protection with each hand wash and kill 99.9% of germs around the house. this season, go beyond cleaning to help protect your family with lysol. start healthing. right then. here's "the play of the day." >> i love early november. jimmy kimmel giveth, when you need a "play of the day." it's a tradition for jimmy. have parents send in videos of their kids' reaction when the parents pretend they ate all of their halloween candy. >> last night, we ate every bit of your halloween candy. >> no. [ laughter ] >> why did you? >> we ate it. >> all gone. >> you ate all of our candy! [ yelling ] [ laughter ] >> we ate all of your candy. [ laughter ] >> i spent two hours walking around the whole neighborhood getting candy. >> just kidding. >> mama! why do you do that every halloween? [ laughter ] >> i love it. >> they were talking about it. >> two hours. >> walking around the neighborhood. >> one more. one more. and we say good-bye, one more. we have the "dancing with the stars" booted couple coming up. send us off. >> i'm sorry. >> it's okay. [ laughter ] >> want to finish your cereal? pain. once you feel it coming, it's almost too late. or is it? introducing new fast acting advil. with an ultra-thin coating and fast absorbing advil ion core™ technology, nothing works faster. new fast acting advil. nothing works faster. [announcer] ...every wish for a bed that could feel perfect under every part of your body... [man]ask me about our tempur-pedic. [announcer] they're sleeping on the newest tempur-pedic bed... the new tempur choice... [man]two remotes. [announcer] firmness settings for the head,legs,and back... these real owners get that famous tempur-pedic comfort how they like it. [woman]ask me about the lumbar button. [man]lumbar button [woman]lumbar [announcer] tempur-pedic.the most highly recommended bed in america. now the fun begins! on sale someplace else,t so i take my receiptee it and the ad back to walmart. and guess what? they matched the price and gave me the difference. amazing. right? woah! shop early with our new christmas ad match. even if you find a lower advertised price later we'll give you the difference on a gift card. walmart. like our new santa fe chicken quesadilla, burger bites, sandwiches, and more, served with fries and your choice of soup or salad. chili's lunch break combos, starting at 6 bucks. more life happens here. i need all the help i can get. i tell them, "come straight to the table." i say, "it's breakfast time, not playtime." "there's fruit, milk and i'm putting a little nutella on your whole-wheat toast." funny, that last part gets through. [ male announcer ] serving nutella is quick and easy. its great taste comes from a unique combination of simple ingredients like hazelnuts, skim milk and a hint of cocoa. okay, plates in the sink, grab your backpacks -- [ male announcer ] nutella. breakfast never tasted this good. [ male announcer ] nutella. with a smartphone from straight talk wireless. we replaced sue's smartphone she'll get the same great nationwide coverage for half the cost. let's see if she notices. you bet she did. francois!! deux! ah, o!i he's french. she saved almost 950 dollars. that's enough to hire a french pastry chef for the pta bake sale! bon appetit , sue. the world needs more straight talk. same phones. same networks. half the cost. get a samsung galaxy s3. unlimited everything, just $45 a month. only at walmart. good morning. i'm kristen sze. we have breaking news right now from along highway 101 in marin county where there's been a school bus fire. the fire was put out. the kids are out of the bus and were standing behind the guardrail. no word on how many people were on the bus, if there are any injuries or what caused the bus to catch on fire. your morning commute now with leyla gulen. >> all right. speaking of which let's go to the waldo tunnel where traffic is looking pretty decent right now. we had an earlier patch of slow traffic but looks like it's cleared. northbound 101 at the waldo tunnel it was earlier effected. looks good now. mike. a lot of sunshine out there, leyla. temperatures today in the mid to upper 60s along the coast. san francisco, san mateo, low to mid-60s for the rest of us. that will be back in the 40s and 50s, a little cooler than this morning. your accuweather seven-day forecast, the warming trend stops tomorrow. chance of rain on veterans day. mi with holiday magic in both parks, the happiest place on earth, just got merrier. good morning, america. 8:00 on a tuesday. and do you believe cher on "dancing with the stars." >> i thought it was great. you looked like a pimp. >> and the latest couple bounced from the ballroom. >> brant and peta. >> brant and peta, here live to hang up their shoes. and buckle up. day two of our great car giveaway. we'll give you the second, big clue you need to unlock the door to a new car. time to let her go. pop star avirl lavigne here live, as we say -- >> good morning, america. >> look who is there right now. oh, the sad faces. brant and peta murgatroyd. latest couple booted from the ballroom on "dancing with the stars." there it is. hanging up those dancing shoes. >> sorry to see them go. >> we are sorry to see them go. great couple. a lot of great moves on the dance floor. and they traveled all night long. >> and they bounce back. oh, i like that move. also ahead, so many young women making money donating their eggs to total strangers. so they can have babies. but are they putting their own health at risk? >> i guess we'll find out this morning. also, shania twain, back in the spotlight after a decade of taking a little time off. a big vegas concert. guess who is behind the scenes finding out everything going on with shania. >> she is putting on a show out there in las vegas' caesar's palace. this is a little snippet to get everybody ready for the big show night tonight. the big show is tomorrow. >> love the cmas. looking forward to that. and we're so excited about this. our great "gma" car giveaway. it's your chance to win one of three great, new mazdas. and to get the keys to a new car, that's exactly right. you need to watch the show super carefully. you want to listen for this sound. that will be a clue. when you hear that sound, that means there's a clue. and go to the full contest rules, please. go to goodmorningamerica.com on yahoo! a chance for a shiny, red car. >> you have to pay a lot of attention. let's get news from josh. >> we're going to begin with the terrifying ordeal overnight, at one of the biggest malls at the country. cell phone video shows the moment when shoppers learned that a gunman was on the loose. 20-year-old richard shoop, you see him here, fired at least six shots, using a rifle he had stolen from his brother. police locked down the mall for hours. with hundreds of people hiding inside. shoop later took his own life. no one else, thankfully, was injured. investigators say shoop had a drug problem and used the highly potent form of ecstasy, known as molly. and dramatic video of a fire breaking out at the airport in montreal. forcing the emergency evacuation of a plane that just landed from morocco. the fire you see there, broke out on a conveyor cart as crews were unloading the luggage. and the fbi is searching for a mississippi family who mysteriously vanished on a road trip. 7-year-old jaidon hill, the young boy in the middle, last seen friday with his mother, atira, and stepfather. police found the family's suv overturned in a ditch. they believe it was intentionally set on fire. the mother's work i.d. and blood-stained clothes were found in a dumpster some 30 miles away. but police so far have no explanation. and a distressed killer whale is back in the open water, thanks to two fishermen, you see them here, who refused to give up on the young guy or gal. they kept the orca calm. as you can see here, wet, after it had become stuck on a rock in alaska while trying to catch a seal. other whales hovered nearby, keeping a close watch, until the whale that was stuck maneuvered enough to swim free. kmart upping the ante in the battle for holiday shoppers. it will open at 6:00 a.m. on thanksgiving day and stay open for 41-consecutive hours. great news for kmart employees, i'm sure. and finally, it's time to concede one to the machines. a robot built in japan, so good and fast at rock, paper scissors, it wins every, single time. technically, the robot cheats. the rules say you have to guess what your opponent is going to do. the robot reacts to the human gesture. predicting your next move in 1/1,000th of a second. i think we as humans should enjoy our last 10, 15 years in charge of the earth. it's all -- >> rock, paper scissors. >> when you've lost rock, paper scissors, it's done. >> forget about chess. >> it doesn't sound fun with a computer. >> you won again. we have "pop news" coming right up. first, we want to get weather. >> we're going to start with good morning, los angeles. and greater l.a. area. and good morning to the civic center. the airport at l.a.x., is about 71. inland areas, about 79 degrees. there's a high fire danger in the area. it's all around the area of high pressure. the wind extends back. there's some wind advisories and watches out, as well. sacramento, doesn't look too bad. there's that area of high pressure that's bringing in the cold air into new england and the great lakes. it gets shoved back north. we get another break of the warmer temperatures on the eastern seaboard. and the entire east coast will warm up with those numbers. it's a very mild number for this time of year. new york city, 65 on thursday. boston, 65 on thursday. d.c., 66. that's almost flip-flops. raleigh, 69. 69 qualifies as flip-flop weather. that's my take on it. there's the warming up in the southeast. the heavy rain from texas all the way to where the snow is >> weather spotter josh elliott just noticed that the wintry mix in idaho. really, it's oregon that gets a punch from the system with the heavier rain. >> get bonus points for noticing that. here's a look at what's coming up. and first in "pop news," a big headline for drew barrymore. the latest couple booted from the ballroom. they're joining us live. they're taking your questions. tweet us. we may ask your question on the air. and robin is revealing -- you got a revealing one-on-one with shania twain. all that plus avril lavigne. that voice is live. right here on "gma," times square. (phone ringtone) suddenly you're a mouth breather. a mouth breather! how do you sleep like that? you dry up, your cold feels even worse. well, put on a breathe right strip and shut your mouth. cold medicines open your nose over time, but add a breathe right strip, and pow! it instantly opens your nose up to 38% more so you can breathe and do the one thing you want to do. sleep. add breathe right to your cold medicine. shut your mouth and sleep right. breathe right. ♪ filming a card to send to the fam. ♪ ♪ singing carol-oke with my best friends. ♪ ♪ hanging out with mom, ♪ making ninjabread men all day, ♪ ♪ oh oh oh oh ♪ that's my kind of holiday, ♪ oh oh oh oh ♪ what's your kind of holiday? so i can reach ally bank 24/7, but there ar24/7.branches? i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! 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[ male announcer ] with a name like smucker's, it has to be good. you always find me. you always hide here. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. give me a second, pete. go. man's second best friend. brew the love. keurig. cher opened "dancing with the stars" last night. cher singing the lead. the whole cast was out there. the beginning of a fantastic night. we'll have more about that in just a second. first, let's get "pop news" from lara. >> we begin this morning with drew barrymore. she showed up at an event in l.a. this weekend, honoring martin scorsese. and the long, flowing dress had people guessing. that maybe something was cooking. not me. >> a dress, really? >> it's true. they've confirmed that they are expecting their second child. drew, we wish you congratulations. she's been saying she was hoping for a second baby very, very much. she did not want olive to be an only child. they will have their hands full. olive is only 13 months old. that's pretty quick. congrats to both of you guys. >> i really like -- go ahead, lara. simon and garfunkel. you fans know nothing is better than the harmonizing between those legends. if you can't get that, how about simon and sting? the two are teaming up for a north american megatour, starting in february. they're expected to perform their hits alone and as a duo. they say it happened organically. they were performing for a charity event. they were surprised how well it went. sting has said, i really don't have a clue how it will all actually pan out. that's part of the fun. >> that's fun. >> that's going to be -- >> i totally -- >> i'm there, too. >> that's fantastic. finally, everybody. it's tuesday. duh. time for cats in tights. i said it. it's tuesday. welcome to a world where people imagine their cats in tutus with long legs and socks on. and you have an idea what you'll find on the internet when you're bored. on tumblr, this trend was started by gucci, the cat. it's gone viral the last couple days. with other cat owners posting their own pics of cats in tights. and we say to you, that's a tuesday. >> that's great. >> a growing trend, you say? >> it will be there by next tuesday. >> hours and hours of productivity, we just saw. >> thank you, lara. a big monday nig on "dancing with the stars." boy, it was owned by cher. electrifying the show. singing, dancing, judging. all topped by one more big surprise at the end of the night. brant daugherty and peta murgatroyd sent home. ♪ this week, dancing was all about cher. ♪ do you believe >> reporter: with her son, chaz, cheering from the stands, she judged from len goodman's seat. and she had no trouble fitting in. >> if he's invading your personal space, you let us know. >> all right. >> i'll just knee him. >> reporter: each star set their dance to one of cher's greatest hits. ♪ if i could turn back time >> reporter: amber riley topping the leaderboard with her rumba to "if i could turn back time." ♪ i got you, babe >> reporter: leah remini, tugging at cher's heart strings with "i got you, babe" and her viennese waltz. >> i was enthralled. it was beautiful and it was very sweet. >> reporter: and this week, another shocking finish. the competition down to six couples. >> you read what's in the teleprompter now. >> reporter: bill engvall saved but viewer votes, despite being at the bottom of the leaderboard. that sent brant daugherty packing. >> i learned something i never thought i would learn in my life. i learned a lot about myself. and i'm very grateful for the opportunity. >> reporter: so, what does cher think about her night? >> when something is easy and you're laughing, in my part of the world, i call it fun. >> here they are now. we're joined by brant and peta right now. "dancing with the stars." >> good morning. >> you look great. >> hello. >> hi. >> congratulations. >> didn't mean to make you get up. >> how are you? >> congratulations. >> i'm kind of bummed to see you. i'm really sorry. >> oh, come on. >> i agree. >> we do agree. >> there's a twitter question from barbara. she wanted to know, how awesome was it to be in the same room as cher? >> it was a legend. it was an honor to have her critique us. >> how was she? >> she was great. >> pretty sweet to you. she said star quality. >> i'll take that. she wants to hire me, i'm apparently available. >> you're joking about it. but you -- there were tears last night. >> yeah. it really got to me. we're all a family over there. >> you put so much into it. how many hours are you spending at this point? >> five hours every day. >> and this week, "pretty little liars" taking some of your time. do you feel where the differences were so slight, did that play a part in preparation this week? did it take too much? >> i don't think so. it was one of the busiest weeks of my life, that's for sure. we scored 27. i don't know what a couple more points had done for us. i think the audience decided it was our time to go. >> at this point, everybody's good. >> so much heart. i love that guy. >> i know where you're going. >> there's no two better sets of teeth on the planet. look at these two. you guys are gorgeous. look at that. >> thank you for setting me up. we want to talk about the kiss that launched 1,000 rumors. did you think that everybody would start to wonder if you two were more than just dancing partners? >> absolutely. it happens every season, with me. >> she warned me before we started. >> i did. >> just prepare yourself. >> that kiss outside in the parking lot, that was not really meant to be because we totally went for the same cheek. >> oh. >> i can assure you. >> we would have done it, it would have been much hotter. >> you had so much chemistry on the floor. but we hear this time and time again, the bond that everyone has. are you going to stay in touch? >> absolutely. he's great. i hope we do. >> it's going to be weird not seeing you five hours every day. >> we learned so much about cher, that her favorite decade was the '80s. what was your favorite moment with her? >> it had to be when she grabbed the first paddle. >> yes. >> we lost it laughing. >> a loss right there. >> and she gave us a complement, of course. >> absolutely. you guys were great sports. >> can we show you a picture? i guess when you guys were little. do we have those pictures? >> oh. >> hold on. here they come. and -- >> oh, yeah. >> there's a precious little brant. >> very dapper young child. >> and then, we -- and look at that little baby. >> less dapper there. >> hard to imagine that dancing would become such a big part of your life. it meant a lot to you so long. >> if you would have asked me four months ago, i would have laughed at you. i never thought i would be a dancer. i never thought i would have this opportunity. and she's turned me into a dancer. >> i dare say she has. >> just fantastic. great to see you. next monday at 8:00, 7:00 here on abc. we're just one day away from country music's biggest party, the cma awards. tomorrow night in nashville. this morning, we're counting down with shania twain. she's back in the spotlight. after about ten years. and i had the pleasure. it was a pleasure to sit down with her where she opened up about everything from bouncing back after her painful divorce to turning her current gig into a real family affair. ♪ ♪ i'm going crazy >> reporter: watching shania twain take over a las vegas stage, you wouldn't know that the superstar has been away from the spotlight for nearly a decade. ♪ i feel like a woman ♪ >> reporter: she's in the middle of a two-year run of a flashy stage show at caesar's palace. and has seemingly the whole family in on the act. your husband is taking pictures. your son is pulling people out of the audience. your sister is part of the group of packup singers. >> i love my baby sister. >> reporter: does that make the experience more pleasurable for you having the family involved? >> a big part of why i decided to get back up on the stage again, knowing that i was going to be able to have that support around me. when i came here on this stage, you look around. i'm like -- it's so huge. what am i going to do with myself on the stage? we're going to cover the stage. now that i'm here, there's not enough stage. this isn't anything enough for me. i'm going out there. >> reporter: shania and her family live in the casino hotel. this is where you live. >> this is where i live. >> reporter: a lavish, private, top floor suite. because this mom of a 12-year-old has returned to performing, does not mean she's shirking her duties on the home front. >> look at my kitchen. >> reporter: the kitchen. >> i cook. i love to cook. i cook all our meals here. i'll cook it in the afternoon. and i bring it downstairs in a bag. i feed everybody downstairs in the dressing room. >> that's a different kind of way of brown bagging it. >> it is exactly that. >> reporter: shania is newly remarried to a french executive. five years ago, her first marriage ended. her ex-husband says they simply grew apart. but she says she discovered her husband was having an affair with her best friend. how do you move on from that? how do you keep going? >> well, every step and grip up that you take in your life to move forward to move up, to grow. there's always somebody tugging at your ankle and trying to rip you down. you know, the divorce, and the betrayal and all that. just one more thing trying to stand in my way. >> reporter: that was a big thing. >> those things bring out a lot -- they bring out the deepest grief and the deepest feeling of disappointment, anger. you know, like death. death does that. all these things that scare the [ bleep ] out of you. >> reporter: these days shania seems to be putting the tragedies of the past behind her. she says she's working on music for an upcoming album. and truly enjoying her return to the stage. and her new legion of fans. she puts on a show there. >> and a big white horse. >> horses come out. she comes in on a motorcycle. >> wow. >> it is a full-on production. and she just signed up again. she'll be there through 2014. i really cannot wait to share more of the interview. i asked her point-blank, have you forgiven your ex-husband? wait until you hear what she has to say about that. >> thank you so much. >> it wasn't a simple yes. >> it wasn't a simple yes or no. but her husband -- i love how she calls him fred. it's frederique, but she calls him fred. they're so loving together. we have so many incredible country stars to share with you tonight. jason aldean, luke bryan. be sure to watch "20/20" "in the spotlight" tonight, countdown to the cma awards. 10:00 eastern. i'm heading to nashville after the show. we're going to have luke bryan. luke bryan live tomorrow morning. that will get you going. cmas tomorrow night, right here on abc. looking forward to that. coming up here, chris hemsworth is here. plus, we hear from avril lavigne. she'll be performing live. >> there he is. >> you got your thor. everybody else has avril. everybody wins. >> angie, there you go. thor, coming up. good morning. i'm kristen sze. we have breaking news from marin county along southbound 101 where there's been a school bus fire. it happened about an hour ago near the north end of the waldo tunnel. the fire is out now and involves a catholic school bus with dozens of kids on board. these are shot from sky 7 hd moments ago. the youngsters were standing behind a guardrail waiting for another bus to pick them up while a tow truck is there to take their bus away. the kids appear to be okay. no word what caused the bus to catch on fire. other problems on the roadways. here's leyla gulen. all right. as we take back to the waldo tunnel you can see how traffic is really not affected at this hour. pretty clear conditions both in the north and southbound directions. as we take you right into walnut park graton casino open today at 10:00 a.m. do expect heavy delays on north and southbound sides of shot nes is this flu shot necessary? it keeps you healthy during flu season. but does it hurt? nah. plus you get a really sweet bandaid! anything else i should know? here's a thought, try scoring more points on the other team. okay. even a warrior can get sick. kaiser permanente reminds you to get your flu shot this season. so before the first sneeze help protect with a spray before the first tissue help defend with a wipe. and help prevent with lysol to get 10x more protection with each hand wash and kill 99.9% of germs around the house. this season, go beyond cleaning to help protect your family with lysol. start healthing. good morning. only a few areas still in the 40s, concord at 48, santa rosa 49. sunshine elsewhere and low to mid-50s. livermore the warm spot about 59 degrees. golden gate bridge this morning, a lot of sunshine there. we'll use this as a backdrop and talk about temperatures one to eight degrees above average. in fact, here's a quick look at those temperatures. mid to upper 60s along th [ cheers and applause ] ♪ hey, hey, you, you i don't like your girlfriend ♪ ♪ no way you need a new one ♪ ♪ hey, hey, you, you i don't think you like me ♪ ♪ i don't think it's a secret i want to be your girlfriend ♪ that's the name of her brand-new album out today. she's here live. looking forward to that. >> also, those who recognize, especially with those recognized, robin roberts, accepting a great award last night. the double helix award. robin, the cold spring harbor laboratory on long island, dedication to a very worthy cause. >> the other recipients right there, barry and peter. they're with the innocence project. the laboratory out in long island, extraordinary work that they're doing, cutting edge. really making a difference when it comes to cancer, autism, genetic disorders. i was so dumb, around all these scientists and great people. >> and in the project, people who have served long prison terms for primes they didn't commit. >> there's a gentleman there who was released after 20 years. i thank them very much. >> we somewhere a lot to get to. let's not pretend that thor has been sitting right there. one of the most anticipated films in the history of the medium. hello, chris hemsworth. "thor: the dark world." right here, right now, the man who plays the norse god of thunder. great to be with you. >> thanks for having me. >> on a third go around with this character. you booted up the franchise. and avengers, you destroy this great city we're in now. but you're back for a third go. what do you like most now about a character you kind of know well now? >> coming back the third time, you have a familiarity with the character. with the story. with each of the cast. and we didn't spend time getting to know one another. we just dove right into it. the action and drama. taking it to the next level. and each time, we've been lucky enough to top that. >> i know you approached the character differently. especially in the battle scenes. >> the thing does advance your skill set. a little more wire gags and special effects. so, he's upped the level of his battle skills. >> there's a self-awareness to him, as well. i want to show you a clip. your brother, loki, you're asking him for help. of course, that comes at quite a price. take a look. >> we stood with each other in the past. i did so with a glimmer of hope that my brother was still in there somewhere. and hope no longer exists to protect you. you betray me, and i will kill you. >> when do we start? >> perfect. you two light up the screen. it's great chemistry you have as actors. the two characters, a sibling dynamic rivalry here ramped up to a whole new level. >> i have brothers and tom has sisters. this is going to feel like when we were kids bickering. the issue is much larger than before, it's essentially the same thing. that love/hate disagreement. and plenty of others. >> and you were shooting "rush." you put -- we make a lot of actors putting on weight, taking off weight. but, boy, there is a real difference in the two. look at this. there you are, norse god of thunder on the right. and then, a race car driver on the left. how is that? to get up and back down for two roles consecutive? >> both are kind of extremes. "thor" was lots of time in the gym. and that character was basically run every day and eat, you know, very minimal amount of calories. i'd much rather put the weight on. a lot better mood. >> it has to be better. it looks great. everybody, chris hemsworth is here. seriously great. "thor: the dark world" opens nationwide on friday. sam, i would say, i drew the long straw today. >> and not only that, but i knew it was november 8th because he has the biggest billboard in times square, right there. turn around and show that giant billboard that says "thor." >> real quick, sam. chris, what is it like to see yourself three stories tall in times square? >> it's incredibly change. never gets old. >> that's how i knew all about that. by the way, we have something special for you, as well. a sneak peek at abc's new hit series. everybody's watching it. "marvel agents of s.h.i.e.l.d." a look at what goes on tonight. >> this piece of paper is telling me that everything's fine. but i don't feel fine. i feel different. >> take off your shirt. >> excuse me? >> unbutton it. whether it was 8 seconds or 40, you died. there's no way you can go through a trauma like that and not come out changed. >> do not miss "marvel agents of s.h.i.e.l.d." at 8:00, 7:00 central. here on abc. what's your name? >> cali. >> how are you? >> how about we get to weather for the folks here. we're going to start with your twitter and facebook pictures. a shot from amarillo. and sedona, arizona. into the northwest, we haven't talked about this yet. we talk about this area of low pressure that moves in. it's another one. but this one is more focused for oregon. and not so much for washington state, and northern california. although, they will both get rain in this. the heaviest rain in oregon. and there's the other low pressure responsible for the snow in northern areas and the rain down into texas. that's the system to >> that weather was brought to you by keurig, by the way. former president jimmy carter is here with george. and also, avril lavigne. and look at that, wh what a privilege it is to welcome jimmy carter back to "gma." no former president has served longer out of office or made such a mark against some of the world's intractable problems. mr. president, welcome. >> thank you, george. >> you look terrific. what is your secret? >> i work hard. and i do what my wife tells me. >> and i love the motto of the carter center. waging peace, fighting disease, and building hope. you put so much effort into fighting other people neglect, the so-called orphan diseases. >> and the one that we're close to e rad dating. we started out with 2.5 million cases and 26,000 villages and countries. and they're down, the last count i have, is 126 cases in the whole world. >> so close. we were speaking several years ago. you were close then, as well. the last few are always the hardest. >> well, south sudan has been at war for a long time. that's where there's many cases. we had an 80% reduction this year compared to last year in sudan. >> and making major progress with blindness. >> pfizer deals with glaucoma. they give us a free antibiotic. and we treat people with one dose every year. and now, we've treated more than 20 million people every year. thanks to pfizer, in order to get rid of this disease, as well. >> you think of zythromax, our kids take it all the time. it's readily available. but hard to get to these areas. >> well, it's the most poverty-stricken people in the world. and lions clubs help us pay for getting the medicines there. we know how to do away with it, as well. and this is on a target to be eradicated from the face of the earth, in the next few years. >> you've also been outspoken with the challenges here at home. i was struck by something you said a couple weeks ago. you said, our democracy is not working. >> well, it's not. it's very discouraging to me to see the constant conflict in washington and the lack of cooperation on things everybody know would be better for our country. the incompatibility of democrats to work with republicans and for congress to work with the president. most of this has been caused by the massive infusion of money into the political campaign process. different from when i was running. >> billions more. >> you know how much general ford and i raised to run against eef other? >> i've forgotten? >> we didn't raise a penny. we had $2 per person. now, if you can't raise a couple hundred million -- >> a billion dollar last time. >> i know. >> you've done so much since you left office. seen so much. experienced so much. of everything that you learned, what do you wish you would have known then in office? >> what i've done since i left office is able to go into the remote villages and the jungle and the desert, to get no know people that are the most poverty-stricken on earth. i found to my surprise, that these people are just as intelligent as i am, just as hard-working and ambitious. and their family is just as dedicated as mine. it was underestimated and need a chance to correct the problems that inflict their own lives. we go into the village and work side-by-side with the people. and we let them correct the problems that have afflicted them. >> you have created a model for former presidents. have you been able to give advice to president obama, what he thinks about afterwards? >> i think he's not thinking about afterwards yet. >> he'll be calling you soon, i'm sure. mr. president, thank you for your time this morning. some mone deposit a check, transfer some money. so it's your uncle's turn. what? wait, wait, wait... no, no, no, wait, wait. (baby crying) so you can deposit a check... with the touch of a finger. so you can arrange a transfer in the blink of an eye. so you can help make a bond... i got it. that lasts a lifetime. the chase mobile app. so you can. we are thrilled to be joined by one of the world's most successful recording artists, avr avril lavigne. 15 million singles worldwide. today, she's releasing her fifth studio album. "avril lavigne." it ee's number one in 15 countr. she's going to perform her hit single, "let me go." you have new music. a new husband. life is good. >> yeah, it's really exciting. >> it's amazing to have my fifth record out. and to see you guys, all the fans, so cool. >> this new music is wonderful. and your husband, chad, you collaborated with this. you're not supposed to mix business with pleasure. but you fell in love. and now, you're married. i think it worked out all the way around. >> i like the break the rules. >> tell us about the new music. >> this song is a single called "let me go. "it's my first duet. my first song in the studio. now, we're together. so, it's kind of cool because he's out with me on stage probably on tour and stuff like that. >> not going to be with nickelback. congratulations to you both and to everyone. and we have been looking forward to this moment. here to perform the latest single off her brand-new album. we showed you the premiere of the video a few weeks ago. this is avril lavigne and "let me go." ♪ love that once hung on the wall ♪ ♪ it used to mean something but now, it means nothing ♪ ♪ the echoes are gone in the hall ♪ ♪ but i still remember the pain of december ♪ ♪ oh, there isn't one thing left you could say ♪ ♪ i'm sorry it's too late ♪ ♪ i'm breaking free from these memories ♪ ♪ gotta let it go just let it go ♪ ♪ i've said good-bye set it all on fire ♪ ♪ gotta let it go just let it go ♪ ♪ you came back to find i was gone ♪ ♪ and that place is empty like the hole that was left in me ♪ ♪ like we were nothing at all it's not what you meant to me ♪ ♪ i thought we were meant to be ♪ ♪ oh, there isn't one thing left you could say ♪ ♪ i'm sorry it's too late ♪ ♪ i'm breaking free from the memories ♪ ♪ ♪ gotta let it go let it go ♪ ♪ i've said good-bye set it all on fire ♪ ♪ gotta let it go just let it go ♪ ♪ i let it go and now i know ♪ ♪ a brand-new life is down the road ♪ ♪ and when it's right you always know ♪ ♪ so this time i won't let go ♪ ♪ there's only one thing left here to say ♪ ♪ love's never too late ♪ i've broken free from those memories ♪ ♪ i've let it go i've let it go ♪ ♪ and two good-byes led to this new life ♪ ♪ don't let me go don't let me go ♪ ♪ oh, oh ♪ don't let me go oh, oh ♪ ♪ don't let me go don't let me go ♪ ♪ don't let me go don't let me go ♪ [ cheers and applause ] i want you to be kind.ff i want you to be smart. super smart. i want one thing in a doctor. i want you to be handsome. i want you to be awesome. i don't want you to look at the chart before you say hi...david. i want you to return my emails. i want you to keep me doing this for another sixty years. at kaiser permanente, we want you to choose the doctor that's right for you. find your perfect match at kp.org and thrive. imagine a place created all around family. where everyone, can relax or play.. ♪ now imagine that place in hawaii. welcome to aulani.... ...a family paradise... with just a touch of disney magic. for special offers, visit disneyaulani.com it is wonderful to have avril lavigne with us this morning. beautiful. the new album is out today. >> great. >> and you're going to nashville 23r the cmas, on your way. >> looking forward to that. >> playing us out, avril lavigne, performing her hit, "sk8er boy." ♪ he was a boy she was a girl ♪ ♪ can i make it any more obvious ♪ ♪ he was a punk she did ballet what more can i say ♪ ♪ he wanted her she'd never tell secretly she wanted him as well ♪ ♪ but all of her friends they stuck up their nose ♪ ♪ they had a problem with his baggy clothes ♪ ♪ he was a skater boy she said see you later boy ♪ ♪ he wasn't good enough for her she had a pretty face ♪ ♪ but her head was up in space she needed to come back down to earth ♪ ♪ five years from now she sits at home feeding the baby ♪ ♪ she's all alone she turns on tv guess who she sees ♪ ♪ skater boy rockin' up mtv ♪ she calls up her friends they already know ♪ ♪ they've all got tickets to see his show ♪ ♪ she tags along stands in the crowd ♪ ♪ looks up at the man that she turned down ♪ that she turned down ♪ prove it. enough is enough. d-con baits are specially formulated to kill in one feeding. guaranteed. d-con. get out. we provide the exact individualization that your body needs. before you invest in a mattress, discover the bed clinically proven to improve sleep quality. the sleep number bed. once you experience it, there's no going back. right now c4 queen mattress sets are just $1299 our lowest price ever! plus special financing until 2015. only at one of our 425 sleep number stores nationwide. sleep number. comfort individualized. to those whoworried...... poked and prodded... taken risks... and lived in a state of "what if?"... welcome to a new state... of health. welcome to covered california. the place to find quality, affordable coverage. financial help for those in need. and nobody can be denied because of a pre-existing condition. enroll now at coveredca.com or call 1-800-752-6631. good morning. i'm kristen sze. it looks like we'll have a couple warmer days ahead before things start to cool down. let's talk to meteorologist mike nicco about the forecast. one of those days is today as it was yesterday. we keep building that mid to upper 60s along the coast and san francisco and san mateo, santa cruz low to mid-70s for the rest of us. i think it will be a little cooler tonight. temperatures mainly in the 40s to 50 around oakland, richmond, san francisco. accuweather seven-day forecast, warmestocoolest veterans day monday with a chance of rain, leyla. two overturned big rigs just before you get to oakland if you're heading through the caldecott tunnel we have major backups. one overturned big rig. and a sigalert in san francisco, another overturned big rig blocking announcer: it's "live! with kelly & michael." today, star of "thor: the dark world," chris hemsworth. and from the boston red sox world series champion, m.v.p. david ortiz. and performing their latest hit, "we own the night," the wanted. and a look at kelly's morning. all next on "live." now, here with kelly ripa and michael strahan! [cheers and applause] ♪

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Transcripts For KRON KRON 4 Evening News 20130813

healing process will be slow. tremendous, horrific ordeal, i'm proud of her, love her, surrounded by love sot: sheriff: victim in every sense, under extreme duress. the san diego sheriff says while her alleged kidnapper, family friend james dimaggio was on the run and holding her captive in idaho, he never mentioned that two of her family members were >> she was first told of the deaths of mother and brother. hannah's father, though living a nightmare, is thankful for the amber alert, and the four horse- back riders who alerted last wednesday. we're eternally grateful. >> he didn't fit. motive unclear,,,hannah say dimagggio had a rifle and fired at least one round on saturday before fbi agents killed him in in rural idaho. and you're going to want to stay with us on the kron-4 news at eight. marc klaas will be in studio to talk about hannah ahead. studio -- tonight on the kron-4 news at eight. oakland police aren't saying friday is that of missing oakland woman sandra coke. the federal investigator was last seen about a week ago. police say she was seen with her long-time ex-boyfriend. a paroled sex-offender -- on the day of her disappearance. he's 56-year-old randy alana - and police consider him a person of interest in the case. bart trains are running -- and will be through at least october. a judge has signed off on governor brown's request for a 60-day cooling-off period between bart and its union members. that means no strike -- at least for now. kron4 talked to riders today. during the cooling off period -- both sides will continue to work on a new contract. we'll have the latest on where the talks stand now - tonight at 6. police in redwood city are investigating a fatal crash this morning. it happened on 280-- near alpine. reports, the crash involved a party bus. new tonight -- two teenagers killed in a weekend car crash have been identified. 19-year-old fabian perez and fernandez were driving with a group of friends when control and hit a tree late saturday night. all five passengers were teenagers. police say speed might be a factor - but there's no word yet on whether drugs or alcohol were involced. firefighters faced a morning in vacaville. they had to call in extra forces at a house fire in a rural section of solano county off i-80. that's because there are no fire hydrants in the area - and water has to be brought in with large water tender trucks. 6 people were evacuated. one resident says he got a frightening call from his wife. most of the damage was at the house where the fire started. but a small back house and some cars were destroyed. it's not clear yet how the fire started. a developing story. reputed mob boss james "whitey" bulger has been found guilty on 31 of 32 counts in his federal trial in boston. the eight men and four women of the jury deliberated for five days before reaching its verdict. bulger faces up to life in prison plus 30 years. the only count he was not found guilty of was "count four," over the alleged extortion of a ticket broker. a sentencing hearing for 83- for november 13th. coming up. the problem at a weekend rodeo that has even some of the president's opponents crying foul. then -- why some criminals could be spending less time behind bars.. and-- once the hometown hero -- he's now the enemy. reaction from the 49ers.as they get ready to take on alex smith. nearby will be back after the break on kron4 news. >> ♪ [ male announcer ] when the a.c. goes out in a heat wave, it's nuccio heating and air conditioning that comes to the rescue. at&t helped nuccio put a complete mobile solution to work. mobile routing to send the closest technician and mobile payments to invoice on the spot. where do you want to take your business? call us. we can show you how at&t solutions can help you do what you do... even better. ♪ still ahead. an 11-year-old surfer talks about some stiff competition have saved his life. but first. a giants fan is in trouble for getting too involved at yesterday's game. why an opposing outfielder is taking to twitter. n-f-l player aaron hernandez. as the former patriot star waits for a possible indictment -- there's a new focus on his fiancée. gregory alexander trafton this happens pretty often at you're in denial. will we back after the break of kron4 news you don't need to camp out 'til labor day you don't need to camp out to reward yourself! get the queen size sealy gel memory foam mattress for just $497! not to labor the point... but this sale won't last long! ♪ mattress discounters! after overcoming tragedy -- swedish based sailing team artemis -- has been america's cup. they had struggled to prepare - after team member andrew simpson was killed during a practice run may 9th. abc7 news of the wreck. crew members say they're proud of how far the team came. you can get weather anytime anytime you need it. abel you fired -- out! temperatures this afternoon on warmer. >> the south bay was in the upper '70's and low 80s. >> tonight the fog will return perry >> tomorrow we will see even warmer conditions and will stay warm as we head into thursday. >> the 8:00 hour tonight we will see some clearing of the fog appeared >> tuesday will be 80 in palo alto. >> upper 80s and low 90s tomorrow in the inland valley parent >> staying in the '60s coast cited tamara. >> a little warmer tamara and wednesday appeared >> friday and saturday more extensive fattal of the will return with cooler conditions. why >> [ male announcer ] what is performance? 0 to 60? or 60 to 0? [ tires screech ] how a car performs in a quarter-mile? [ engine revs ] or a quarter-century? is performance about the joy of driving? or the importance... of surviving. to us, performance is not about doing one thing well. it is about doing everything well. because in the end... everything matters. the best or nothing. that is what drives us. female announcer: when you see this truck, female announcer: it means another neighbor is going to sleep better tonight because they went to sleep train's ticket to tempur-pedic event. choose from a huge selection of tempur-pedic models, including the new tempur-choice with head-to-toe customization. plus, get 36 months interest-free financing, two free pillows, and free same-day delivery. are you next? announcer: make sleep train your ticket to tempur-pedic. ♪ your ticket to a better night's sleep ♪ walter likes to download fix-it videos... and watch "boardwalk empire." it helps sam with math... [ beeping ] ...and online gaming. and suze loves her smartphone for "social" studies... like video-chatting with sara. hi, ms. kelly. hi, sara. [ male announcer ] call to get the fastest internet for the price -- $14.95 a month for 12 months with a 1-year price guarantee. on our newly expanded advanced digital network, get more connectivity, reliability and speed options -- now up to 45 megs. we have our own private wi-fi hot spot -- right here. getting connected is no problem -- even all at the same time. it's fast. it's reliable. and it's affordable. [ male announcer ] call to get u-verse high speed internet for $14.95 a month for 12 months with a 1-year price guarantee. with a wireless gateway, connect all your devices and save on tablet and smartphone data usage at home. now i can do the things i want to do, like email my mother-in-law. or check celebrity gossip. [ male announcer ] at&t brings it all together. ♪ people in the tech world say they're stunned. fact an aol executive was fired in a memorable -- and very public -- way. john berman has the story. abel lenz is not the only one to get fired. over the next week, 400 of patch's roughly 900 community sites will be closed or partnered with other sites. and hundreds of employees will be laid off coming up at 5:30. criminals could soon be spenidng less time behind bars. why the justice department says its won't be such a bad thing. then. we will be back after the break on kron4 news. hñ these are the hands a pediatrician. these are pioneering advances in heart surgery. and these are developing groundbreaking treatments for cancer. they're the hands of the nation's top doctors. kaiser permanente doctors. and though they are all different, they work together on a single mission: saving lives. discover how we are advancing medicine at kp.org join us, and thrive. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles rethink possible. >>we must face the reality that, as it stands, our system is in too many respects broken. attorney general eric holder here in the bay area, announcing plans for what he called a fundamental overhaul of america's criminal justice system. grant lodes is here with the details of his address today in san jose. holder unveiled his plans at bar association, in san jose. he says the justice department has been working on the proposals for months. today, a vicious cycle of poverty, criminality, and incarceration traps too many many communities. and many aspects of our criminal justice system may actually exacerbate these problems, rather than alleviate them. it's clear - as we come together today - that too many americans go to too long, and for no truly good law enforcement reason. the attorney general fix what he calls a broken system, starting with the drug offenses, holder says they will no longer be applied to have no ties to large-scale drug organizations. in addition, he wants to make it easier for elderly inmates convicted of nonviolent crimes to win compassionate release. .to create alternatives to prison for all nonviolent offenders. .and to make sentencing more we also must confront the reality that - once they're in that system - people of color often face harsher punishments than their peers. one deeply troubling report, released in february, indicates that - offenders have received sentences nearly 20 percent longer than those imposed on similar crimes. the attorney general says the united states is home to 5 percent of the world's population, and almost one=quarter of the its prisoners. their incarceration costs the united states 80 billion dollars a year. that's enough to pay the 15 million students. since 1980, the federal prison population has grown by about 800 percent, and prisons are currently nearly out of the more than 219,000 federal inmates behind bars, almost half are serving time for drug-related crimes. the bottom line is that, while the aggressive enforcement of federal prosecute or incarcerate our way to becoming a safer nation. faug our political analyst thanks michael. and if you'd like to connect with michael. -- at-yaki blog. a federal judge has ruled that the new york police department's stop-and-frisk policy violates constitutional rights. it involves police stopping, questioning and frisking anyone they consider suspicious. the new ruling stems from a class-action lawsuit claiming minority men are routinely stopped without legal reason. during the trial, police officers testified that quotas forced them to make unnecessary stops. the police department says that the stop and frisk policy deters crime. in fact, a similar program was considered in san francisco -- but never put because of a backlash from the community. an online game that uses an image of hillary clinton is causing controversy. it allows players to 'slap' the former secretary of state on the face. as athena jones reports, women's rights advocates are furious. but hill rape project bills herself as low as they stand between her and the white house. i and this game with hillary clinton is causing an uproar. >> this is clearly meant to be funny states someone that this is a gimmick and should not have any place in our politics. >> over 100,000 people have signed an on-line petition demanding that the game be taken down. >> the hindu origin is firing back that liberals said nothing about this. >> hillary clinton was in the bay area today and will tell you why will have more about that tonight at 6. >> today we are looking a clear skies right now over downtown san francisco. >> we'll have more coming up after the break. >>big changes could be ahead for struggling smartphone maker blackberry. could it soon be a thing of the past? kron4's financial expert and losers on wall street -- next. new tonight at six. problems near disneyworld. we will be back after the break on kron 4 news weekend week. [ male announcer ] at montrose pet hospital, anarchy meets order. working with at&t, doctors set up a broadband solution to handle data and a mobility app to stay connected with their business. so they can run the office... even when they're not in the office. where do you want to take your business? call us. we can show you how at&t solutions can help you do what you do... even better. ♪ 0 to 60? or 60 to 0? [ tires screech ] how a car performs in a quarter-mile? [ engine revs ] or a quarter-century? is performance about the joy of driving? or the importance... of surviving. to us, performance is not about doing one thing well. it is about doing everything well. because in the end... everything matters. the best or nothing. that is what drives us. now for today's market update. stocks are closing mixed on wall street after a quiet day of trading. here are the final numbers. and the s-and-p 500 fell two points. >> insulin shot - and there's no school nurse. what do you do? the state supreme court has an answer. because there's a school nurse shortage. it's a problem more common than you might imagine. today the california supreme court has ruled that school employees can administer insulin shots to diabetic students if a nurse isn't available. the ruling reverses a lower court decision that says state law only allows a licensed professional to give the shots. nurses argued that inappropriately administered shots could hurt students. the new ruling means specially trained teachers and administrators can now do it. news. >> temperatures out there to the warmer than expected we are in the upper 80s. >> upper 70's and low 80's in the south bay. >> 80 and napa appeared >> right now we all look to liven our rules cam over downtown san francisco and we can see the fog along the north bay. >> temperature is right now are in the '60s and '70s and the '80s. >> today antioch reach and 90. >> tonight the fog will return along the coast line and bay shore spirit >> the fall will clear out faster tamara appeared >> to march 92 and antioch. >> tomorrow will be 92 in antioch. >> it will be warmer tamara and wednesday. >> the fog will return on friday and saturday. apply >> you can get weather anytime with kron4's new mobile app. anytime you need it. with the sea fog and the golden gate bridge. and look at the cemetery bridge to concede that traffic is moving well. >> will be back after the break a kron4 news. unveiled plans for the "hyper-loop" transportation system. it's a futuristic high speed city-to-city elevated system that could take passengers and cars from los angeles to san francisco in thirty minutes. kron 4 tech reporter gabe slate breaks down what it is and how it could make travel a breeze. tag tech report-take fs >> the hyper loop would transfer to a people and a hyper to mounted to columns 5260 a pot and the pause will travel up to 800 mi. per hour. this will give you from sarah francisco to los angeles and 30 mrs. beard >> it would not cost a lot of money or energy to operate. >> the distance between the potts would be about 5 mi. and it would be about 70 parts that leave laws as the san francisco every 30 seconds. >> the ride will be very smooth operator little noise. it will be the perfect opportunity to take a nap. the hyper loop could be built for $6 million. >> this project is being offered as an open source project to look at the design and try to build it appeared >> if you'd like to connect you can add him on facebook, follow him on twitter. or email him at slate-at- kron4-dot-com. a live look outside from our los cam at downtown san francisco. allied the fog will return later tonight. >> will have more on the lip weather when we return from the break. it's great having at&t u-verse high speed internet. walter likes to download fix-it videos... and watch "boardwalk empire." it helps sam with his math... [ beeping ] ...and online gaming. and suze loves her smartphone for "social" studies... like video-chatting with sara. hi, ms. kelly. hi, sara. [ male announcer ] call at&t now to get the fastest internet for the price -- just $14.95 a month for 12 months with a one-year price guarantee. on our newly expanded advanced digital network, you get more connectivity, more reliability and more speed options. and with at&t u-verse high speed internet, you can choose the speed you need. getting connected is no problem with our wireless gateway. we have our very own private wi-fi hot spot right here. we do. so we can all be connected at the same time. and even save on our tablet and smartphone data usage. plus it's fast. and reliable. and affordable. it's totally affordable. that's what i said. i know. yep. 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[ male announcer ] ...to bring it all together. ♪ if you're like me, you've been working you've been working like a dog all year. but you don't need to camp out 'til labor day to reward yourself! mattress discounters' labor day sale is on now! rest those tired bones on a queen size sealy gel memory foam mattress for just $497! get 48 months interest-free financing on the entire tempur-pedic cloud collection. but this sale won't last long! ♪ mattress discounters! living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles rethink possible. bart trains will be running for the next sixty days. a new contract. it's been 4 months -- and still no deal. here to talk about what's next is kron-4's justine waldman. justine - this seems to be a never-ending saga - could we be looking at another strike in october? only time will tell. both sides now have until midnight on october 10th to reach a deal. over the weekend, a san francisco superior court judge ordered the "cooling off period" at the request of governor jerry brown. the judge ruled another strike would "endanger the public." unions cannot strike and bart cannot lockout its workers. a spokesman for bart tells me. unions did not respond to the last offer bart put on the table. there are no contract talks on the calendar. though both sides.wants to get something scheduled as soon as possible and are working together to figure that out right now. the worry is. any momentum made. even the little progress reported.will be slowed down by this "cooling off period." and the two sides are still far apart on pay, pension and safety. just two days after suspected murderer and kidnapper james dimaggio was killed in idaho. the family of 16-year-old hannah anderson is thanking law enforcement and the media for safely. but there are still a lot of unanswered questions about what happened. kron-4's grant lodes is heregrant? >> hannah's father oil and thrill to have his daughter back safe and sound. >> however he and had iced just beginning to grieve the loss of their loved ones. >> her father states i am very proud of her and i love her very much she is surrounded by the love of her family and friends and community. >> from the time of her abduction and recovery in idaho she was under extreme extreme address. >> demise you'll never mentioned to haven't that her mother and her brother were killed appeared >> hanna was first told about her mother and brothers death once she returned home appeared >> investigators said the motive here is still unclear. fbi agents killed him in idaho. >> and you're going to want to stay with us on the kron-4 news at eight. marc klaas will be in studio to talk about hannah anderson's recovery and the long road of healing she has ahead. studio -- tonight on the kron-4 news at eight. an early morning fire in a sent crews scrambling today. there were evacuations - and damage was minimal. and as kron-4's terisa estacio reports, one resident who was at work when the fire happened - drove home quickly, fearing the worst. it was an intense sceene out here in vacaville monday monring. take a look at this video. fire crews rushe dout here to this home around 5am. reisdent scramblied to evacuate as crews beat back the flames. fire officials say they called this a 4alarm fire asking for a large response because this is a rural araa with no hydrants. deputy chief doug rogers/vacaville fire district for one resident this was a very scary morning. lewis derfuss >> my wife called, she told me about the fire. i was just wrapping up my shift at the shell plant, i know how bad it can get. we just bought and were remodeling, i had hoped it was not all lost. fortunately it was ok. >> crews were out here all morning, making ssure there were no hot spots that popped up - and to try and figure out how this started. >> nestled live at the golden gate bridge which to compare the ec because of the fall outside. align >> this is a look outside at the golden gate bridge where you can see that the bridge is barely visible because of the fog. >> will have one and whether coming appeared >> with school just about to start, robert donofrio is one of many individuals and corporations who are donating school supplies to help offset that new law. sot robert donofrio/donating school supplies >> the more help the people can get the better off they will be paired >> this is the sunnyvale warehouse of 'raft,' which stands for resource area for teachers and it's just that. aisle after aisle of just about anything needed in the classroom. it's a big help to teachers who must now dig into their own pockets to supplement their classroom budgets. sot sandra suttoria/raft >> the demand for school supplies is apparent judging from the annual sacred heart charities backpack drive which handed out more than 4,000 bags of school supplies last week. at raft, staff and volunteers are sorting through a mountain of donated goods. roger chung says teachers shouldn't have to pay for everything. sot roger chung/donated school supplies standup closer stay with kron-4. your back-to-school station in the bay area. go to our facebook page to see our on-air talent when they were children. and -- we want to see your photos. send them breaking-news at kron-4 dot com. on back to school schedules. u-s prisons are over- crowded. will have more will we come back from the brake on kron 4 news. back from the brake on kron 4 new[ male announcer ] what is performance? 0 to 60? or 60 to 0? [ tires screech ] how a car performs in a quarter-mile? [ engine revs ] or a quarter-century? is performance about the joy of driving? or the importance... of surviving. to us, performance is not about doing one thing well. it is about doing everything well. because in the end... everything matters. the best or nothing. that is what drives us. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles rethink possible. for 2 years with qualifying bundles [ male announcer ] wouldn't it be great if all devices had backup power? the chevrolet volt does. it's ingeniously designed to seamlessly switch from electricity to gas to extend your driving range. no wonder volt is america's best-selling plug-in. that's american ingenuity to find new roads. ♪ the 2013 volt. charge ahead of the rest in the hov lane. ♪ there are nearly 219- thousand people in federal and they're costing you in tax dollars. shannon travis reports now on how the problem might be eased. at the american bar association in san francisco, monday. attorney general eric holder unveiled a key proposal to scale back mandatory minimum sentences for certain prisoners. >> "i have mandated a modification of the justice department's charging policies so that certain low-level, nonviolent drug offenders who have no ties to large-scale organizations, gangs, or cartels will no longer be charged with offenses that impose draconian mandatory minimum sentences." holder calls the approach getting "smart on crime": "they now will be charged with offenses for which the accompanying sentences are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins. we cannot simply prosecute or incarcerate our way to becoming a safer nation." holder says his proposal would ease prison overcrowding and cut billions from the more than 80-billion the united states spent in 2010 alone to incarcerate convicted criminals. republican and democratic senators have endorsed similar ideas. conservatives especially like the potential for reducing government's size, and cost. the administration also hopes it will address racial disparities in prisons. something president obama zimmerman verdict. >> birds and obamas speaking >> president obama speaking :"the african-american knowledgeable that there is a history of racial disparities in the application of our criminal laws -- everything from the of our drug laws." in washington, im shannon travis. holder says the prison population has grown 800 percent since 1980. and that federal prisons are 40 percent above capacity. clinton's appearance in san francisco puts her squarely on center stage. but it's not clear yet whether she'll run for president in 20-16. our political analyst michael yaki is here to talk about that.. and michael.she's in friendly territory.? >> hillary clinton is in san francisco because the city of san francisco loves her perry states michael joaquin. >> with michael yaki. -- at-yaki blog. >> 90 degrees today in antioch. >> 80 degrees today in santa rosa and napa appeared >> 85 today in redwood city. a line >> of thought has come back into downtown san francisco right now. >> the fog has returned to dallas out san francisco right now >> the thought has returned to downtown san francisco right now appeared >> to mar mornintomorrow morninl see more fall of the in the bay area air cleared >> delta airlines once had the slogan "we get you there." why one well-known author doesn't agree. that story - still ahead. next - what made people at the happiest place on earth in florida feel a little like californians. stay with us. will be back after the break a kron 4 news. a sinkhole of florida at disney world about 64 ft. wide in the resort caused the building to collapse under disney world appeared >> people were evacuated before the first building went down. >> people cannot believe that this was happening because the building was collapsing beneath them stayed in one tourist appeared >> tonight the red cross is helping vacationers who lost all their belongings when the structures were swallowed into the sinkhole. >> "star wars" franchise. now, he's created his own "padawan." we'll explain -- stay with us. 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[ male announcer ] choose at&t and build your bundle. it's whatever works for you. ♪ the verdict is in for the man once considered the most feared mobster in boston. that's next. ♪ [ male announcer ] when the a.c. goes out in a heat wave, it's nuccio heating and air conditioning that comes to the rescue. at&t helped nuccio put a complete mobile solution to work. mobile routing to send the closest technician and mobile payments to invoice on the spot. where do you want to take your business? call us. we can show you how at&t solutions can help you do what you do... even better. ♪ [ man ] it's big. fast. safe. quickly reconnects families. same with aladdin. brings families back together. aladdin became the biggest in bail by treating people right. no one has lower prices, is faster or more professional than aladdin. we'll get you through it. aladdin bail bonds. bigger because we're better. commuters in the bay area are thankful that the governor intervened in bart talks. getting a judge to order a 60-day cooling off period. but that's a one-time fix - and as kron-4's justine waldman reports - there's still no final deal. in national news. >> a san francisco superior court judge issued a 60 day cooling off period between the bart management and unions appeared >> they have to october the 10th to reach a new deal and cannot strike appeared >> here and talk of the other was a tense scene this monday morning because of a fire that erupted in this rule section of box of bill perry >> this as a for alarm fire. >> this is a role section of that the deal. >> there was limited damage in this fire. >> now fire crews a try to figure out what caused this fire. >> former boston crime boss james "whitey" bulger will likely spend the rest of his life in prison. the jury in his federal trial found him guilty on 31 of 32 counts monday, including racketeering, extortion and money laundering. karin caifa reports. a jury in boston has found james "whitey" bulger guilty on 31 of 32 counts in the federal racketeering trial of the former south boston crime boss, who is now 83 years old. he will spend the rest of his life in prison. far away from the beaches of santa monica, and far from the streets of south boston. the verdict ends a seven- week trial that detailed the decades of violence when bulger ran boston's irish mob until he fled the city in 1995 after a crooked f-b-i agent tipped him off to a looming federal indictment. he became one of the nation's most wanted men. and after 16 years, the f- b-i- finally tracked him down in santa monica, california, in 20-11, and brought him back home. on monday, the jury found bulger played a role in the murders of 11 people. for others, there was not enough evidence to link bulger -- including debra davis, the girlfriend of a close associate. >> i do know, that he was guilty of conspiring or taking part of the whole thing. according to those in the courtroom, bulger showed no emotion as the verdicts were read. his attorneys said bulger was actually pleased. jim bulger was very pleased at how the trial went, and even pleased by the outcome. i don't think he expected that nine times the jury would come back and say, "not guilty," or "not bulger faces a maximum sentence of life in prison plus 30 years. sentencing is set for november 13. i'm karin caifa reporting. >> and find us it's easier said than done when you are tying to attend a concert at golden gate park in this case it's outside on attending it should be called outside crazyness martean [ male announcer ] what is performance? 0 to 60? or 60 to 0? [ tires screech ] how a car performs in a quarter-mile? [ engine revs ] or a quarter-century? is performance about the joy of driving? or the importance... of surviving. to us, performance is not about doing one thing well. it is about doing everything well. because in the end... everything matters. the best or nothing. that is what drives us. female announcer: when you see this truck, female announcer: it means another neighbor is going to sleep better tonight because they went to sleep train's ticket to tempur-pedic event. choose from a huge selection of tempur-pedic models, including the new tempur-choice with head-to-toe customization. plus, get 36 months interest-free financing, two free pillows, and free same-day delivery. are you next? announcer: make sleep train your ticket to tempur-pedic. ♪ your ticket to a better night's sleep ♪ living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles rethink possible. we will soon be saying goodbye to jay leno has the host of the tonight show. cristina mutchler has the details on when the legendary host is stepping down. "you told a group of young people that broccoli was your favorite food." according to the hollywood reporter jay leno's last episode of the tonight show will air on february 6th of 20-14. after 22 years behind the desk -- leno is out and jimmy fallon is in. but leno fans don't get disappointed just yet. nbc has expressed an interest in keeping the legendary host on the network. "you make me so very happy." singer eydie gorme died saturday in las vegas. she enjoyed decades long singing duo with her husband of 55-years, steve lawrence. and she achieved fame as a soloist in the 1960's with her hit song "blame it on the bossa nova." her husband and son were at her bedside when she died. gorme was 84 years old. office this past weekend. sci-fi thriller "elysium" starring matt damon and jodi foster fights its way to the top spot - grossing $30.5 million. in second, "we're the millers" starring jennifer aniston and jason sudeikis ringing up $26.6 million. and taking us home and flying its way into third -- "planes." the animated film bringing in $22.5 million. for hollywood minute, i'm cristina mutchler. latest iphone as early as next month. technology blog "all things d" reports sources say the tech giant plans to debut its next iphone at a special event on september 10-th. what the new phone will feature. it's rumored to include improved cameras and processors and a fingerprint sensor for added security. look at 'em. living on cloud nine with that u-verse wireless receiver. you see in my day, when my mom was repainting the house, you couldn't just set up a tv in the basement. i mean, come on! nope. we could only watch tv in the rooms that had a tv outlet. yeah if we wanted to watch tv someplace else, we'd have to go to my aunt sally's. have you ever sat on a plastic covered couch? [ kids cheering ] you're missing a good game over here. those kids wouldn't have lasted one day in our shoes. [ male announcer ] switch and add a wireless receiver. get u-verse tv for $19 a month for 2 years with qualifying bundles rethink possible. with gary radnich. if you're like me, you've been working you've been working like a dog all year. but you don't need to camp out 'til labor day to reward yourself! mattress discounters' labor day sale is on now! rest those tired bones on a queen size sealy gel memory foam mattress for just $497! get 48 months interest-free financing on the entire tempur-pedic cloud collection. but this sale won't last long! ♪ mattress discounters! anarchy meets order. working with at&t, doctors set up a broadband solution to handle data and a mobility app to stay connected with their business. so they can run the office... even when they're not in the office. where do you want to take your business? call us. we can show you how at&t solutions can help you do what you do... even better. ♪ [ male announcer ] wouldn't it be great if all devices had backup power? the chevrolet volt does. it's ingeniously designed to seamlessly switch from electricity to gas to extend your driving range. no wonder volt is america's best-selling plug-in. that's american ingenuity to find new roads. ♪ the 2013 volt. charge ahead of the rest in the hov lane. ♪ "omg insider," the top trending stories you need to know. >> this is very special to me. cory reached out and became a part of all of us. >> lea michele's tearful teen choice awards tribute to cory monteith. >> i don't know if i'd be able to be that strong. >> did her boyfriend give her this diamond? >> rebel gets bleeped. >> it was a band called one direction. that's the name i [ bleep ]. >> paula deen, the major decision today on the lawsuit accusing her of racism. >> are you a racist? >> no. then, usher's son, the photo from the hospital and his condition today. >> he was supposed to go home over the weekend. bieber's surprise for his grandma. and a jersey housewife party before court. her psychic's confessions. >> i do the readings. and angelina jolie with the disney film with her 5-year-old. >> one kid said please tell the mean witch to stop talking to me. >> now where yahoo and broadcast meets, "omg insider." hello and welcome to "omg insider," i'm kevin frazier. >> we have lea michele's tears at the teen choice awards, but first a big trending story we'll follow closely. >> case partially dismissed. >> i live my life the way i believe. >> triggered the collapse of paula deen's multimillion dollar empire and led to her tearful "today" show apology was thrown out of court today. a former employee accused deen of creating a hostile work environment and racial discrimination. but a district court judge disagrees. >> this afternoon, a rep for deen released this statement, quote, as ms. deen stated

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Transcripts For MSNBC News Nation 20130812

the judge just reminding everyone to remain silent in the courtroom as we wait for the verdict. >> talk about who's allowed to be in that courtroom. you've mentioned certain family members have been there. do we know who's inside today? >> reporter: yeah, inside today is a niece of whitey bulger. we're waiting for his brother, who's been here throughout, to be back in the whitey bulger family row. but a lot of the murder victims' families have been here as well. one man who i've been speaking to throughout whose sister was murdered allegedly by whitey bulger. so he's been here throughout. also, the son of one man who was murdered through all of this. so they've been here watching. then there were also ten seats available to the public and a lot -- oh, judge is reading the verdict right now, thomas. we're still waiting. i'm getting that word. stand by and we can have that for you. yeah, a lot of victims' families, the public watching. today really a packed courtroom as that verdict is being read right now. >> kristen, you said there are ten seats that are allotted to the public. obviously something through a lottery that goes out to those ten individuals. >> reporter: yeah, the public has been able to line up in the mornings and to get in as well. ten seats, not a lot. there's been intense interest in this case. let me just check and see, actually. we've been watching twitter as well to see if i can get you some type of verdict and if anyone is hearing it in the control room as well, if they can let me know what the verdict is. >> again, for those just joining us, it's breaking news coverage right now of the whitey bulger trial. our kristen dahlgren is on the scene. this is after five days of deliberations that this boston jury has come back with a verdict, all in reference to the federal racketeering charges against a person known in boston and certainly around the country as being this infamous mob boss. he he faces life in prison if found guilty of these 19 counts of murder and dozens of other charges. kristen, any word yet from our producer inside? >> reporter: yeah, still no word. the foreman is sitting forward in his chair, we're reading. a lot of tweets. any second now. the judge was looking over the verdict. again, a really long verdict form. had to look at each of those counts to make sure it was filled out properly. so the judge now looking through those. then we'll wait to hear it actually being read out in the courtroom. so a lot of anticipation here as we wait for that. and one reason this case has struck so much interest is that whitey bulger was on the run for quite a long time. on the eve of an indictment -- on count one now, we're hearing guilty. it looks like on count one, at least on one of those counts. let me look through my notes here. that is the racketeering conspiracy. so on racketeering conspiracy, count one, found guilty. count two, also one of those counts is guilty. that's another racketeering substantive. it looks like that is the death of michael malano. at least on one of those murder counts, it looks like the jury found that he did cause the death of that victim. now, whitey bulger, 83 years old. as you're looking at this, the most he could get is a life sentence. really, if you're looking at any amount of time, it looks like whitey bulger will be spending the rest of his life in prison. so waiting as it comes in. it's coming in kind of shorthand here. we're having to look through it. >> kristen, let me give you a break. i'll recap here while you collect what you've got. count one has come in guilty. that's racketeering conspiracy. also, count two has come in as guilty. that's racketeering substantive offense. under that count of count two means there are subsections, which then the jury needs to go through and decide that if the government has proven its case, as opposed to saying guilty or not guilty, the onus is being on proved or not proved. then the jury has to go through and decide that on all these subcounts against whitey bulger. if they had found him to be not guilty of count two of racketeering, they wouldn't have to go through that litany of other charges beneath that. so this is a large -- this will be a large ruling coming down against whitey bulger because they did come to a determination he was guilty on count two. legal analyst and lawyer karen desoto joins me right now. you're hearing this breaking news. again, whitey bulger found guilty of count one and count two. am i interpreting that right for everybody about count two and the fact that there are all these other issues that need to be proven or not proven by the government? >> yes, you are. with the racketeering, it gets a little tricky in these cases because you have to find that two of the incidents were within ten years. so there's some technicalities that i think has been a surprise to everybody that he was found guilty on the racketeering and the extortion. it does get a little technical with the racketeering cases because the law is pretty extensive and complicated. however, on the murder and the killing, those are pretty, you know, simple in that regard. again, as was said, he's 83 years old. so even a ten-year sentence is going to be a life sentence for mr. bulger. >> just so i can explain to everybody, again, i have the list of charges in front of me. when we go underneath the count two itself, how it's broken down, it would be the murder of michael malano, the murder of al plumber, the murder of james o'toole, the conspiracy to murder james sosa, the murder of james sosa, murder of paul ma n magonagle. so this goes on and on. it's a true litany. the jury has to decide whether the government has proved or not proved its case. if they came back on count two of racketeering in finding him guilty, does that mean that they would have automatically filled in the blanks, so to speak that, the government did prove the fact of that charge for all of the sub counts? >> yes, essentially that's what it means. as we've learned with a lot of these cases, the jury instructions are often very complicated. with these federal instructions -- and like i said, the racketeering, it gets very confusing for the jury. they try their best to go through. remember, there's 32 counts, 19 killings, extortion, money laundering, weapons charges. they try to make it as easy as possible for the jury. that's kind of tough when you have something as technical as this. >> with the amount of charges leveled against whitey bulger in five days that this jury deliberated, are you surprised with a five-day turn around, or does that sound like it was a substantial amount of time? >> no, i think they had him at hello, thomas. there have been lifetime movies and books written on mr. bulger. it's no surprise. there was mountains of evidence, even with his associates in other cases and other trials. that actually was an issue ongoing in this trial with evidence against the others and the associates and how it was brought into this particular trial. but i don't think it's any surprise, especially to those in boston, given such an iconic monster, if you will. there's been so much information in movies and books on this particular person. so, you know, in principle, even though he's 83 years old and he's been on the run as an fbi informant, i think that this was an important case for the government to bring forward and finally bring closure to a lot of these people. there are 19 killings. we don't know if there's even more of those, but closure to the families and other people correlated to this case. >> attorney karen desoto. thanks for your insight. want to go back to nbc's kristen dahlgren outside on the scene in boston. you heard karen say this jury had him at hello. what more insight can you give us about the counts leveled against him? >> reporter: yeah, so the first two counts, racketeering conspiracy and also racketeering substantive ochffense, guilty verdicts in those two. within the second one were all of these acts. that includes all the acts of murder. so there were some that were not proven and some that were proven. so racketeering act number one, which was conspiracy to murder members of the group, that was not proven as was the murder of michael malano. i misspoke earlier. that was not proven either. the murder of al plumber, not proven. then as we get into some of those later counts, if we get into count eight, the murder of paul magonagle, we have the jury found that was proven. the murder of edward connors, proven. then moving on here, excuse me. we have the conspiracy to murder thomas king proven. the murder of thomas king, it looks like that one i don't have yet. but the murder of francis leonard, not proven. so again, a very lengthy trial. a lot for them to look at when you're looking at in the racketeering charge. there were multiple counts under that. so that's all still being read now in the courtroom. so the significant part of it is on those two counts, the racketeering counts. it looks like he was found guilty. they really only needed to prove two of those acts committed within ten years of each other in order to get that guilty. so there were multiple murders that were proven there. so we're continuing to get things in here. it looks like more guiltys found as well as we go through this. so it looks like the reputed mob boss whitey bulger will be going to prison for the rest of his life, thomas. >> kristen, we're going to let you regroup and go back to your phone and check off what's proven and not proven. we have michael smerconish here, syndicated radio show host. you're here for another segment. lucky for me, i have you here now. as kristen was telling us, we have the racketeering conspiracy, racketeering substantive offense, both guilty on those counts. as we go through and look at what the information kristen is getting in, the conspiracy to murder members of the group, not proven. michael, not provb. al plumber, not proven. then we get into paul, thomas king. those were proven. that's just the tip of the iceberg with the amount of charges that they still have to go. >> what matters most to whitey bulger, and this may found foolish because here's a guy going away for the rest of his life, was sort of the trial within the trial. thomas, he wanted something clearly understood, that he was not a snitch and that he did not kill women or order or participate in the killing of women. there were some outbursts in the course of this trial where individuals were offering testimony against him and it was like straight out of a movie. he would engage them. he would trash talk them. there were expletives going back and forth. it wasn't about 90% of that. it was about the issue of whether he cooperated with the feds and whether he participated in the killing of women. there's this mob code. you know, it's sort of okay if you're participating in a murder but not women and you can't be a snitch. >> well, it depends on if it's apples to apples. if you're taking out someone that's like you or in the same business as you. also, the snitch thing, i know that goes in deep for the mob code. you don't want to be seen as some kind of rat. meanwhile, he was, you know, off the radar for a very long time, being on the wanted list for so long. it's very interesting, as kristen points out. certainly an infamous type of person in boston, but for the rest of the country to get to know who this character is and then to hear how this trial has gone down, it's been fascinating to hear about. cameras not being allowed into the courtroom just leaves us all to read those transcripts. you're absolutely right. the f-bombs were going back and forth. >> on those issues, right. most of this, you almost got the impression he was proud of it. like, yeah, that's me and that's what i've done. yes, i was the head of this crime family in boston and so forth. just don't say those other things about me because that's when you cross a line. it's hard for the rest of us to understand from the outside looking in, but it's truly like godfather part four, which they never made. >> again, our kristen dahlgren, thanks there to her for this. whitey bulger, the verdict is in. he is guilty of count one, racketeering conspiracy, guilty of count two, which is the racketeering with lesser offenses involving the different murders that he was charged with being either in charge of or conspiracy of. karen desoto is still on the line for us. karen, as we were getting from kristen dahlgren about these other charges, whether or not they were proved or not proved by the government, it seems almost half and half what they were able to prof in terms of which murders they are considering him to be guilty of as opposed to the ones they're not. >> right, exactly. i mean, with the case of 72 witnesses, 840 exhibits, and there was a lot of back and forth. obviously, other people have gone in for the murders correlated to this case. one of the ongoing arguments was, you know, the evidence from the other trials, whether that was going to be allowed into this trial. obviously, when you have so many -- when you have 19 killings, obviously the prosecutors did a great job with doing as much as they could. you know what? as far as the jury, really, great job that they were able to, you know, go through all of these cases, the 19 killings, and actually have a clear head enough to say, you know what, there wasn't enough evidence in one, but there was enough in the others, especially in a case where you have so many mountains of evidence and a lot of attorneys say, well, you know, if you have evidence against one, then they're going to find you guilty on everything. you know, as we can see from this case, jurors do take the case seriously, and they went through the evidence. it's not surprising that one or two murders are going to get off in a case like this. normally, thomas, you never have a case with 19 murders. this is really a serial killer. >> karen, were you able to hear michael smerconish and his observation about the fact that whitey bulger was a guy that didn't want to be seen as a snitch and didn't want to be seen as someone who killed women, but the rest of it was all okay. >> well, obviously, anyone who's committed 19 murders isn't, you know, dealing with -- you have some mental issues there as well. but, you know, the fact that you murdered 19 people and you're worried about honor, that's not surprising. when you have multiple killings like this, you're not going to be dealing with people who have a full deck. it's important for them to get those issues across at the end of the day as long as they get -- go to prison and they're not in charge of a crime family from far away or operating it from prison. i mean, that's a win. so no, that's not surprising. you're not dealing with an every day person. and it is intriguing. the information that was brought out by these witnesses, i mean, it really was like listening to -- watching "the sopranos" and all of those deep, dark things everyone is interested in. i'm sure if there were cameras in the courtroom, if they were allowed in federal court, you would -- people would be, you know, fascinated with the type of life that this man has led. >> all right. well, again, if you're just joining us, we've been following the breaking news out of boston. the verdict is back in the federal trial against whitey bulger. the jury has found him guilty of the two largest counts. count one, racketeering conspiracy. count two, racketeering substantive offense. we're going to be back with much more after this. alón rojo, is kicking off fun and fitness on and off the field, with the help of soccer stars. these free clinics, help kids gain confidence in their game, and learn how important it is to get moving every day. it's part of our goal to inspire more than 3 million people, to re-discover the joy of being active this summer. see the difference all of us can make. together. more on the breaking news out of boston. the jury is back in the federal trial against alleged mob boss whitey bulger. now he has been found guilty on different conspiracy and racketeering charges. let's go to our kristen dahlgren. she's outside the courthouse there in boston. kristen, what more have you put together? >> reporter: yeah, hi, thomas. among those racketeering charges were 19 separate acts of murder. according to the jury, it was proven that he committed or was co-conspirator in 11 of those killings. whitey bulger found responsible for 11 of the 19 killings that he was accused of. that's part of those racketeering charges. now, in the courtroom right now, the jury has left. the judge has instructed them that they don't need to speak. the judge earlier today was trying to make the decision on when she would release the names of those jurors. so we're still waiting for that. it's expected then that the victims' families will file out of the courtroom and courthouse and will address the media and then we should hear from the defense attorneys and then finally the u.s. attorney in this case will speak, the prosecutors who actually tried the case will not speak until after the sentencing. that sentencing, the judge says, is going to begin on november 13th. it's expected that could take several days. sometime in mid-november we'll we'll find out exactly how long whitey bulger will spend in prison. >> kristen dahlgren outside the boston courthouse, thank you very much. i want to bring in a journalist from "the boston globe." it's good to have you with us. mike, we have the proof, the conviction from this jury on the 11 different killings. the gangland crimes of whitey bulger. he's going to spend the rest of his life in jail. he's 83 years old. are you surprised at how quickly the jury came back, five days? >> not really. this was a very sophisticated, sweeping racketeering indictment. you had 33 acts, criminal acts. it was complicated. they went through all these -- i think one by one in terms of the violations. what was interesting was that, you know, he was convicted of 11 of 19 murders. my interesting point was obviously the jury may have had a problem believing one of the key witnesses in this case, perhaps a hitman who testified about a number of murders, murders he committed, and the jury felt that bulger's involvement in those murders was not proven. on the other hand, there was some key victories for the prosecution. the waterfront murder in south boston in 1982 of michael donah donahue. a couple other murders, the murder of roger wheeler in oklahoma. the jury took a long time. i think people expected this to come back a lot quicker. they went through all kinds of deliberations on each of the charges. so i think they took their time and did it very deliberately. >> again, this was a two-month trial. mike, do you agree with the assessment? as federal prosecutors portrayed whitey bulger during this time as a cold-blooded guy that didn't think twice about taking you out, the one thing that bulger did not want to be seen as during this trial was a snitch or somebody that went after women. >> well, i think the prosecution read a whole detailed file on his fbi informant days and loaded a lot of evidence that suggested that he provide information to the fbi on a variety of issues and other underworld activities. i also think they found him guilty of the murder of debra hussie. the only thing they didn't find him guilty in the killing of a woman was debra davis. no finding in that murder. it was alleged he had strangled davis. that was interesting the jury separated those two. they found him guilty of strangling one but not the other. we'd love to hear from the jury. unfortunately, we probably won't get their names for another week. it was interesting the way the jury went separate ways on that. >> again, james whitey bulger convicted today on charges against him in conspiracy and racketeering. we're waiting to find out exactly what the details will be for sentencing. we'll be back with much more right after this. is like hammering. riding against the wind. uphill. every day. we make money on saddles and tubes. but not on bikes. my margins are thinner than these tires. anything that gives me some breathing room makes a difference. membership helps make the most of your cashflow. i'm nelson gutierrez of strictly bicycles and my money works as hard as i do. this is what membership is. this is what membership does. humans. even when we cross our t's and dot our i's, we still run into problems. namely, other humans. which is why at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? "the news nation" also following two developing stories. first, in the past hour, attorney general eric holder unveiled major changes in federal policy concerning drug offenses. in an effort to relieve overcrowding in federal prisons, the attorney general announced prosecutors will no longer seek what he called draconian mandatory minimum sentences for many low-level, nonviolent drug offenders. >> it's clear as we come together today that too many americans go to too many prisons for far too long and for no truly good law enforcement reason. it's clear -- [ applause ] >> also today, a federal judge ruled new york city's controversial stop and frisk program violents the constitutional rights of minorities by conducting stops in a racially discriminatory manner. the judge called for a federal monitor to oversee reforms. mayor michael bloomberg reacted minutes ago taking aim at the judge. >> she conveyed a disturbing disregard for the good intentions of our police officers who form the most diverse police department in the country and who put their lives on the line for us every single day. throughout the case, we didn't believe that we were getting a fair trial. this decision confirms that suspicion. we'll be presenting evidence of that unfairness to the appeals court. >> i want to bring in syndicated columnist earl hutchinson. great to have you here. i want to start with the attorney general. obviously holder's announcement is big news when it comes to changing policies for low-level, nonviolent drug offenders. i want to play more of what he had to say in this announcement 37 . >> let's be honest. some of the enforcement priorities we have set have had a destabilizing effect on particularly community, largely poor and of color. and applied inappropriately, they are ultimately counterproductive. >> earl, what's your reaction to this, and how do you think this is going to go over as the attorney general tries to move forward with this? >> well, i think it was a major announcement. i think it will be greeted very, very well among civil rights advocates, civil libertarians, and of course among african-americans and of course hispanic leaders. one of the -- two big things about this. it's been building for a while. the administration has made it clear going back in time that there are disparities in terms of how the drug laws are being enforced and more particularly how the sentencing is playing out. i mean, we've seen the statistics over and over again. a disproportionate number of african-americans and hispanics, crack cocaine, marijuana, all the drugs. young whites? no. you've seen that. in 2010, equalized crack cocaine versus powder cocaine in terms of the sentencing on that. so there were hints all along from the obama administration and attorney general eric holder they were going to make some changes. i think it will play very well because it really is, when you strip everything away, it's an issue as the attorney general said, an issue of fairness. i think this, certainly, many people are mindful of. >> so you say there have been hinting placed all along from the administration or from the a.g. should people not be scratching their head with the question of why is the attorney general doing this now? >> no, no. because going back three years, essentially when they gave a mandate to congress, the obama administration and attorney general holder, let's change the laws, let's modify the laws. they've also talked about marijuana, how we deal with those and enforce those laws. and also other drugs too. i think the overriding concern on the part of the attorney general and of course president obama is this. you have so many african-americans, especially young african-american males, so many young hispanic males that are essentially in prison for long terms under the mandatory sentencing laws with no recourse. they feel, and correctly so, it's just simply not fair. >> let's look at the ruling that came out today from the federal judge here in new york talking about the city's stop and frisk program, that it violates the constitutional rights of new york city residents. no comment so far from the white house on this. however, the naacp president ben jealous has reacted by saying this is a ground-breaking victory. in this federal judge's decision, it recognized what the naacp has been saying all along for years, that the racial profiling tactic of stop and frisk has no play in our enlightened society. do you think that -- now, again, this has been going in new york city for a very long time. we heard the mayor come out and give his reaction, that he thinks that the judge has overreached. do you think that this will get the proper oversight? it seems as if the judge wants to put on this now. they can look at this program and see exactly what it's doing. >> i think the judge wisely understood one thing. it's not going to be greeted by the mayor and among police officials with any joy. no one is going to be popping the champagne cork. i think that's why she put in we need to monitor. but i think there's a bigger issue here. mayor bloomberg -- and i have to be honest -- and new york police officials and other police officials that applaud stob and frisk are not dealing with. they've never given an answer to one burning question. you have 90% of those that have been stopped in new york city -- by the way, in other cities too. it's not just new york. but especially new york. overwhelmingly, young hispanics, overwhelmingly young african-americans, and yet, there has been no charges, no criminal allegations, or activities or even suspicion. in other words, they've been released. how do you justify that? if, in fact, you were really stopping crime through stop and frisk, i would think the numbers would be much greater. the fact is, most people that are stopped, most people that are frisked, most people that are violated, they are charged with nothing. mayor bloomberg, you have a responsibility in your appeal to address that question. >> so what would you say to those on the other side that say this type of law and intimidation law is actually working? the numbers support it in that respect. because people know that it exists. it intimidates people from that behavior so they don't do it. >> no, it doesn't work that way. the fact of the matter is, one thing that mr. bloomberg and new york police officials have said over and over again to support stop and frisk t goes like this. crime is down, murders are down, violent crime and all things that are essentially major crimes in the city are down. they attribute it to stop and frisk. here's the problem with that. crime is down in all major cities across the country. murders are down in all major cities across the country. the fbi has documented that the last few years. so you cannot make a direct connection between one and the other. thomas, the dots are just not connecting here. i'm sorry. it's not working that way. >> earl hutchinson, as always, great to see you. thank you for your time. >> thank you. still ahead, new information on how officials tracked down the san diego man who kidnapped his friend's 16-year-old daughter. >> we seen the amber alert. i seen the girl's face on television. i told my wife, i said, that's the girl we seen on the mountain. >> earlier today, i had a chance to speak with the people who helped police rescue the girl. why they say they knew something was wrong. you need to see it, hear it for yourself. we're back after this. this digiorno dinner from walmart is less than $2.30 a serving. replacing one pizza dinner out a week saves your family of 4 over $1,200 a year. save money. live better. walmart. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ diarrhea, gas, bloating? 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[ phillips' lady ] live the regular life. phillips'. so we're learning much more now about the moments leading up to hanna anderson's abduction in an interview with a local station. the san diego sheriff said the teen had no idea her mom and brother had been killed before she was taken. hann hannah's father is expected to speak out today. brett anderson was reunited with his daughter yesterday, one day after she was rescued by the fbi. authorities say she was being held under duress by her alleged abductor. meanwhile, earlier today i had the opportunity to speak with the four horseback riders who tipped off authorities about spotting hannah and her captor. they said right away they noticed something was off with this pair. >> they sure didn't fit in idaho. he was carrying a cat. there was just a lot of things that was out of place. so when we seen the amber alert, i seen the girl's face on television, i told my wife, i said, that's the girl we seen on the mountain. >> amazing those four people spotted them. our luke russert is in san diego, which is hannah's hometown. what more are we learning about hannah anderson and being back with her father? because there was word that her dad may speak out today. >> reporter: yeah, he's going to have that press conference at 2:30 pacific time, thomas. something that the family had feared was that hannah would not be aware of what happened to her mother or brother. the sheriff here, bill gordon, in an interview with a local station confirmed she was unaware that her mother and brother were actually killed in that fire, presumably set by mr. dimaggio. that is something that the family has been quite worried about. obviously, she went through a traumatic experience being kidnapped and driven on a week-long hostage situation up to idaho, but now that she's coming back to a society where her mom is dead, her brother is dead, thankfully she is alive, but it now becomes a story, thomas, of survival. that is something that her family, while they are very happy she was found yesterday, they've already sort of made that transition into we now need to make sure that this place, this environment is the best it possibly can be for hannah. she now adds her name to the list of the people like elizabeth smart, these folks who sort of grow up in the media spotlight because of something awful and traumatic that happened to them. that's something the family is really trying to prepare for now in san diego. >> as you point out, a press conference expected at 2:30 pacific. luke, thank you. still ahead, presidential hopefuls campaigning in iowa like it's 2016. several very big name republicans are already laying out the ground work. but the potential democratic contenders are not far behind. 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[ female announcer ] by their second kid, every mom is an expert and more likely to choose luvs than first time moms. live, learn, & get luvs. humans. even when we cross our "ts" and dot our "i's", we still run into problems. that's why liberty mutual insurance offers accident forgiveness with our auto policies. if you qualify, your rates won't go up due to your first accident. because making mistakes is only human, and so are we. we also offer new car replacement, so if you total your new car, we'll give you the money for a new one. call liberty mutual insurance at... and ask us all about our auto features, like guaranteed repairs, where if you get into an accident and use one of our certified repair shops, the repairs are guaranteed for life. so call... to talk with an insurance expert about everything that comes standard with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility. what's your policy? peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. more now on the breaking news outside the boston courtroom where whitey bulger has been convicted on counts with conspiracy and racketeering. this man is steven davis. he is the brother of one of the alleged whitey bulger victims. let's listen in. >> just -- i'd like to hear the testimony all over again. i'd like to hear the -- just all over again. i mean, i come out here feeling good because it was no finding. if it was a not guilty, it would have been a positive on the prosecution end. they did a good job. both sides did a good job. i have no complaints there. >> [ inaudible ]. >> through what i heard through this whole case, i don't. you know, i can't stand him for my personal run-in with him years ago. i can't stand him, but i personally don't think -- i really don't. but that's my personal opinion through the case and what i've heard through testimony and from witnesses. >> do you think he was there? >> i think he was there, had part. i don't think he would have allowed it, being 27.5 feet away from his brother billy bulger's house. if anything was to follow up on steve flemming's part, he probably would have killed him. >> so you think flemming killed your sister? >> oh, definitely, definitely. >> we've been listening to steven davis. he is the brother of one of whitey bulger's alleged victims. we still say alleged here because there was apparently no finding in the murder of this man's sister. however, whitey bulger was found guilty of racketeering and conspiracy and different murder charges. some were proven, some were not proven. steven davis' sister's murder, there was no finding from this jury. all right. so we switch gears now and focus our attention on politics and ask you the question, is there such a thing as being too early to the party? not if you ask this very forward-thinking group of republican presidential hopefuls over the weekend in iowa, where it looked and sounded a lot like primary time. >> i have a lot of faith still in the people of iowa in 2016 and beyond to use their good judgment. >> there is no more important regulatory reform that we can do than to repeal every single word of obama care. >> obama should have been beaten. hillary's going to be tougher to beat. >> so hillary clinton was not in iowa, but there were plenty of people who hope she will be soon enough, including missouri senator claire mccaskill. >> we have to have millions of people engaged and ready for what will be a pivotal race in america's history. and that is about getting everyone excited now about what i hope will be that moment in 2017 when we all get to say madam president to hillary clinton. [ applause ] >> so vice president joe biden reportedly spent his weekend in the hamptons, but he did have iowa on the brain because aides are confirming he's headed to the state next month for tom harkin's an july steak fry. all this 2016 coverage now is very, very early, isn't it, guys? but let's start out with it seems like we're seeing the same cast in iowa singing the same political song but expecting a different outcome. i want to the start with rick santorum, who has recently in the last couple weeks on "meet the press," has not discounted he might run again for president. he was there in iowa. take a look at what he had to say. >> my challenge to the republican party is to take a page out of our book and start putting forth an agenda of ideas to raise up folks who want to vote for us. you saw it for the last election. they didn't want to vote for president obama. at least he went out and talked to them. at least he went out and spoke about them. we didn't do that. we marginalized them. >> so chris, do you think he's on to something there? i mean, he gets the fact that the voters were marginalized, but is there enough within the republican party platform that's a wide, open-arm embrace? >> the idea of the republican party kind of taking more of a populous tack, if you will, yeah, there's a strategic value to that. the problem the republican party has, more specifically rick santorum, is he's never going to be the messenger of that. 2016 is going to be a very different race than it was in 2012. you had an incredibly weak republican field. you're going to have much more serious candidates. what's interesting about the folks that are going to iowa now, you know, you have trump, santorum, senator cruz. i hate to say it, the right-wing version of the three stooges. this is not going to play well if they become the voices on the far right and move candidates that are more viable folks like christie, you know, to compete with them. that's where they get in trouble. that's what happened last time. it seems like, you know, history is going to repeat itself. >> let's talk more about ted cruz. the daily beast has an article up "cruzzing to victory here." they laughed at his jokes, hissed at his political opponents and rose to their feet for his applause lines. is he somebody who's a gathering storm? meanwhile, there still needs to be the vetting of figuring out whether the canadian-born cruz can run for president because he was born to an american citizen. >> well, absolutely. he's starting to drive some of the conversation. you know, we've all focused a lot on senator rubio for the past couple of months. you've seen senator cruz kind of come from behind and really have a message that plays well in iowa and across to some of the real different conservative base. he's starting to drum that up to try to create a national movement, and it will kind of -- time will only tell whether or not he's able to kind of get those specific pockets. >> all right. so chris, what about fatigue? i mean, is it too early to consider that fatigue is a real and concerning syndrome? and that people are going to get -- they're going to scratch their heads. i mean, iowa is used to being courted. io iowans are used to seeing tv ads and presidential contenders come to their state and show up courting them. but for everybody else, is it going to be too much too soon? >> well, forget about 2016. i'm really excited about 2020. that's going to be a presidential race to watch. yeah, i mean, fatigue is a serious problem. people who are in the business, who love politics, like all of us, are clearly interested in talking about this. to the average person, you know, they're not really focused on 2016 presidential politics. the real story of what's going on here is the organizational and financial difficulties or obstacles that candidates face to run a presidential election today. what's driving this is not simply, you know, ego -- clearly that's part of it. what's really driving this is they need so much money. they need so many resources to be able to compete that it's driving the date of when you're running to a point where it's almost ridiculous. that's what's happening right now. >> anna, do you agree? >> absolutely. you're starting to see -- i can't even believe we're talking about 2016 right now. >> well, he wants to talk 2020. >> well, certainly, i think one of the things you're also seeing is people like claire mccaskill who came out very early in front for obama when he ran the first time, are trying to get on the right side of clinton. you know, if hillary clinton does decide to run, so she's definitely kind of positioning herself. you're seeing maybe a rick santorum try to position himself to try to drive that message or be a surrogate if he doesn't run for one of the republican candidates. >> all right, guys. great to have you on. i'm sorry if we're fatiguing so soon. chris, i love the idea that you're already looking ahead to 2020. we'll have lots and lots of time to talk about it. ann anna, chris, thanks. still ahead, a story that's raised a lot of questions when it comes to medical ethics. a woman whose cells were generated without permission have made advancements in science. 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Transcripts For MSNBC Hardball With Chris Matthews 20130812

the obama administration announcing a major overhaul to ease government drug sentencing guidelines. holder was clear this isn't just about perform reforming an outdated, inefficient and expensive war on drugs, he said. this is about reforming a judicial system of inequality system that will abuses blacks and minorities. this is holdser speak how they're disproportionately involved in that system. >> we also must confront the reality that once they're in that system, people of color often face harsher punishments than their peers. in recent years, black male offenders have received sentences nearly 20% longer than those imposed on white males convicted of similar crimes. this isn't just unacceptable. it is shameful. >> now, the second case in new york city where a federal judge demolished the city's tactics surrounding a controversial stop and frisk law, the law has become a flash point for racial tensions nationwide not unlike stand your ground in the trayvon martin case. in her ruling, the judge said that tens of thousand of new yorkers had their rights systemically violated and overwhelming majority of the victims black and hispanic. the city must now follow a strict series of remedies at the court's request including the appointment of an independent monitor to oversee the nypd conduct. new york mayor michael bloomberg was livid. the law in connection with a declining crime rate has been a defining part of his legacy. and at a press conference earlier today, he didn't hide his disgust, particularly when it came to the issue of a monitor. >> if somebody pulls a gun and you want to get home to your family, you don't have time to say well, wait a second, the commissioner said one thing, the monitor said another and the ig said another. by that time, you're dead. and i'd like to see you go to the funeral and explain to the family why their son or husband or father is not coming home at night. >> sherrilynn ifill is the president and director of the naacp's he education fund. george pataki a former governor of the great state of new york. these are called terry stops. in a terry stop, a police officer needs to be operating on more than a hunch. the way new york city was carrying out stop and frisk the judge said resulted in an indirect form of racial profiling. >> yeah, i totally disagree with the judge, michael. you're probably not surprised by that. i think what we have seen is a dramatic reduction in violent crime in the city. there will be at least 2,000 fewer murderers this year than there were about ten years ago in one year. the vast majority of those victims are minorities. and their lives are being saved because we have a police department and a mayor who are being proactive in going after illegal guns, illegal activity on the street in a way that i believe and i hope the mayor will appeal and is ultimately determined to be constitutional. >> sherrilynn, respond to that. and also tell me how will this be received in the minority community, where the governor points out folks are most disproportionately affected by crime. >> well, let's begin by saying while violent crime certainly has been reduced in new york city, it's been reduced all over this country. in fact, the violent crime rate in this country is where it was in 1966. yet the prison population is far beyond where it was in 1966. stop and frisk policies are not about illegal activity. certainly those in the minority community as the governor points out are disproportionately the victims of violent crime care about guns and illegal activity in the community. but stop and frisk which resulted in the stopping of over 600,000 new yorkers, the vast majority of whom were african-american and latino and which produced arrests of about 12% of those who were stopped and frisked is about engaging in this conduct towards people who are doing nothing wrong. it's a form of racial profiling and we're thrilled that judge in this exhaustive 200-page opinion recognized that the activities of the police and this policy infringes on the constitutional rights of new yorkers. >> i think the governor was saying in part that one of the reasons the crime has reached this 40-year low is because of the implementation of programs like stop and frisk. >> and i guess one of the things i'm saying is how do you account for the fact that crime has reached a low all over the united states, including places where you don't have stop and frisk? the reality is that crime began to go down in new york in the 1990s when dinkens was mayor, when david dinkens was mayor before we instituted stop and frisk, and all over the country crime has been going down. we're at astonishingly low rates of crime in the country. the question is can we begin to create some of the excesses like stop and frisk that the judge identified today. >> i want to show you both this. mayor bloomberg was quick to defend the policies of the use of stop and frisk, arguing that the law has been a key part of new york's reduced crime rate, just as we mentioned. >> every day, commissioner kelly and i wake up determined to keep new yorkers safe and save lives. and our crime strategies and tools, including stop, question, frisk, have made new york city the safest big city in america. and i'm happy to say we are on pace for another record low of shootings and homicides this year. because our police officers follow the law and follow the crime. they fight crime wherever crime is occurring and they don't worry if their work doesn't match-up to a census chart. >> governor, this is a big part of his legacy. he doesn't want to leave office with the record he has intact and all of a sudden be remembered as the guy implementing stop and frisk on an unconstitutional basis. >> well, i think he should be remembered as the man who helped reduce violent crime to historically low levels in this city. sherrilynn is absolutely right. we have an seen a decline across the country but haven't seen anything like the dramatic decline in new york city. you can trash new york city where we have policing, including stop and frisk, with chicago, where the rate of minority murders in that city is just unacceptable. and sherrilynn is also right when you look at the statistics. but look at the statistics of the stop and frisk. it reflects basicallity the percentages of those who ultimately are arrested and charged with crimes in this city. the sad fact is that not only are minorities an overwhelming percentage of the victims of violent crime, they tragically are also those who most often end up convicted of committing those crimes. >> president obama made a point about that when he seemed to speak extemporaneously on that on friday. we may have been together analyzing the speech that day. he made the point about african-americans being disproportionately represented on both sides of that deal. >> you know what is interesting about this is it actually -- stop and frisk policies, they actually undermine law enforcement. because what ends up happening is young men, like many of the men who testified and who brought forward evidence in this case who have been stopped and frisked 12, 13, 14 times in a five-year period, young men who are in high school, young men who are in college doing nothing wrong, they and their families later come to distrust the police. they're the same people who are going to sit on our juries. they're the same people who we need to call the police to give information about real crime happening in their communities. and they become distrustful. it sets up a barrier between law enforcement and the communities, and that harms african-americans as well as the rest of the residents of the city. >> let's talk briefly about the sentencing case, if we can. because in his speech today, attorney general eric holder combatted criticisms his actions in sentencing reform would be labeled as soft on crime or compromising public safety. the attorney general defended his proposals to ease drug sentencing guidelines by pointing to state programs that have successfully focused on community programs instead of hard-line prosecution. >> be clear. these measures have not compromised public safety. in fact, many states have seen drops in recidivism at the same time their prison populations were declining. while our federal prison has continued to slowly expand, significant state level reductions have led to three consecutive years of decline in america's overall prison population including in 2012, the largest drop ever. experienced in a single year. >> governor, some are saying this is an end run around congress. i happen to think that it is. but i get it. members of congress want to thump their chests and be tough on crime and will vote for mandatory minimums. but when it comes time to dial that back, nobody wants to be held accountable. >> see, i disagree with you. i think to the extent that the attorney general is proposing to change the drug sentencing laws, it should be done by statute. it should be done with congress. and i did exactly that in new york state. we put in place policies that provided shock incarceration, community-based treatment for certain low level drug offenders. at the same time we increased penalties for those who would have a gun or use a gun or the higher level drug kingpins. when i left office, we had 7,000 fewer people in prison than we did because of those intelligent reforms. >> what i'm saying is i don't think they could get it through the congress, because i don't think people want to stand up and vote aye for something that dials it back. it's a political problem. >> michael, i think i have had a record and have an attitude that is as tough on crime, including drug violations as any governor in this state. yet i was able not just to sign that into law, but to propose reforms when they're done intelligently and when it's balanced, and you don't look at it as a way to allow high-level drug dealers or those who have a gun or those who have a history of violence to get out early, then i think you can create a bipartisan consensus for treatment and alternatives. >> let me ask you both this. we have the statistic, the data here. it's been bandied about a great deal today. 5% of the world's population, 25% of the world's incarcerated population and a 40-year low in crime. can you read all of that together and say well, one of the reasons we have such a high rate of incarceration and such low crime is because a lot of the bad seeds have been taken off the street? >> i don't mean to cut sherrilynn out, but i totally agree with that. one of the things we did was change sentencing not just in drug area. we have much tougher sentences for those who are repeat criminals. and it's one of the reasons why we saw such a dramatic reduction of violent crime in the new york state. >> listen, in 1991, the prison population in the entire united states was about 200,000. that's now about the federal prison population, about 219,000. overall, we have 2.2 million people incarcerated in the united states. that's a dramatic increase in the last 30, 40 years. we just talked about the all-time low, you know, in violent crime. we overreached and we broke families and we broke communities. the reality is the vast majority of people who are in prison are going to get out. when they get out, they will have the deficit of their record, they will have the deficit of what happened to them when they were in prison, they will have precious few resources that are available to begin their lives again. so what the attorney general suggested today, and i think it's really fascinating. he's focusing on a little discussed area of authority and power. and that's prosecutorial discretion. he says it's not about end runs around the law. prosecutors have the ability to decide what they're going to charge a criminal defendant with. >> understood. >> and he says, our prosecutors, u.s. attorneys need to use that charging power in a smart way. they need to use it to do just what judge pataki said, make sure that you come hard against those who is have the record, who have been involved in violent criminal activity but not against people who have a clean record who are involved in nonviolent activity. you don't use the drug kingpin statues meant to get the worst of the worst against those kinds of individuals. >> it's a great conversation. thank you both for being here to participate in it. >> thank you. >> sherrilynn ifill and george pataki. coming up, what is the one thing that could ruin the fun that reince priebus has been having bashing nbc for bashing a hillary miniseries? that would be if it turned outfox was producing it. and guess what? they are considering producing it. it's now your move, reince. also, the gift that keeps on giving. the iowa caucuses, only 880 days away, give or take a couple of weeks away but already ds and rs are acting like it's 14 degrees and we're in january of 2016. plus, guilty as charged. boston mobster whitey bulger is convicted of a bunch of racketeering charges, including 11 murders. the government is likely to provide bulger's housing for the rest of his life. and perhaps the biggest clown in what chris matthews loves to call the republican 2012 clown show, back with more birther nonsense. this is "hardball," the place for politics. the earth moves a. ♪ but man moves the earth. ♪ with best-in-class torque and best-in-class towing, these are some of the bold, new ram commercial trucks -- built to tilt the axis of capability. guts. glory. ram. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. president obama gave his most spirited defense of his health care law on friday. and now republicans have revived some of the false talking points to discredit it. here's rnc chair reince priebus. >> the fact is, what people don't want are government panels deciding whether something's medically necessary. >> government panels? sounds a lot like those death panels that sarah palin used to talk about. by the way, one reason why more americans oppose obama care than support it, it's getting killed on twitter. kantar media's campaign for media analysis tracks political ads and tweets and found negative tweets outnumber positive tweets by six or seven to one. we'll be right back. no! we're g! this is your first time missing a payment. and you've got the it card, so we won't hike up your apr for paying late. that's great! it is great! thank you. at discover, we treat you like you'd treat you. get the it card with late payment forgiveness. welcome back to "hardball." that hillary clinton mini series hasn't been produced yet and already, there's a plot twist. last week, rnc chair reince priebus spent time on television threatening cnn and nbc he will pull gop primary debates in the presidential cycle if both networks move forward with planned specials about hillary clinton. but over the weekend, "the new york times" revealed the conservative fox news channel's own sister entertainment division, fox television studios is in talks to produce and distribute the script for the miniseries being planned to air on nbc. candy crowley confronted priebus putting the chairman on the defensive about those revelations yesterday on cnn. >> "the new york times" is reporting that the nbc clinton series might likely be produced by fox television studios. that's sort of a sister company to fox news. so the if we follow your logic, do you think that there then is a connection to fox news and would they be subject to the same kind of scrutiny? >> i'm going to boycott the company that puts the miniseries and the documentaries on the air for the american people to view. i'm not interested in whether they use the same sound studio or whether they use the same set. i don't know the truth of anything you're talking about. but i do know what's very clear. is that the company that puts these things on the air to promote hillary clinton including cnn is the company that is not going to be involved in our debates. period. >> so the people that write. >> with me now bill carter of "the new york times" and sam stein "the huffington post." let's be clear. we're arguing or they're arguing about a script that hasn't even been written. >> that's right. and i think first of all, i have no dog in this fight but when i wrote the story and realized that fox had involvement with their entertainment arm, i thought it was certainly interesting, and sort of raises the question of who is really responsible for putting on an entertainment thing, and how does it relate to anybody's news division. >> but i think it becomes, and i recognize that you have no dog in the fight. it seems like a hard an argument for reince priebus toe make that i'm going to hold accountable those networks that air it as compared to those who produce it. when i read your piece and then heard what he had to say as a lawyer, i thought of civil law and product liability. those ho get held accountable are manufacturers and vendors, assuming it's a defective product. >> look, in the entertainment world, there are entangled relationships. and in this case, nbc picks up the project that was pitched all around, and they look for a production entity. that production entity will have a deep involvement. they will approve the script. they're not just going to put on what nbc says. they also get the international distribution rights. so they have a real vested interest in this. if they do it, they will be deeply involved. >> sam, does he have egg on his face, or is this all about playing to the base anyway? politically, it's been a very wise move. what about now given what bill carter has reported? >> first of all, i wish i had the legal chops to do the arguments you're making, but i don't. but from a political standpoint, i do think he has a bit of egg on his face. i don't get the distinction between production and distribution and airing the documentary. if you're involved in the general product, i think you're involved in the general product. and for reince priebus, that involvement was big enough and good enough to get you kicked out of hosting republican debates. so by logic, the next question becomes why is fox any less culpable than nbc. and i don't think he has given a sufficient explanation. but let's be brutally frank about this. this wasn't about anything other than raising money and trying to influence. he was basically trying to influence the tenor and tone of the documentary itself before it was written and aired. >> bill, i want to ask about the impact of the public of these sorts of projects and television. "game change" comes to mind. the kennedys comes to mind. years ago there was a mccain movie based on that autobiography of his. >> they did reagan which was forced off cbs by the way. >> right. fahrenheit 9/11 in movie theaters. >> right. >> or the desouza attempted takedown of obama in the last cycle. do we make too much over the value they would have in swaying minds? >> i think to me the idea that that's going to change someone's opinion of hillary clinton seems improbable. that's why the movie is being made. she's an historical figure now. i don't think it could have that impact. but i do think you see the news divisions that are uncomfortable with it. they don't want to be tied in to what might be a valentine to hillary clinton, because it won't look good and then it will be a sale and it would be a sideshow if that happens. >> sam. >> i think it's all about ratings. and if there were a personality within the gop, they would be chomping at the bit to put on a program about him or her. beyond chris christie, i don't know that the christie record is defined to warrant a two or four-hour treatment. ratings are what matters here. that's why sarah palin was the subject of many of these a couple years ago. with respect to the news divisions and the rnc, my solution is wait for it to air and then make your up judgments. we have no idea what the actual script will say. we have no idea if it will be flattering or critical. we can make guesses and some of them are educated guesses. there is nothing stopping reince priebus from saying after the airing that was way too flattering. now i'm going to cancel the debates on cnn or nbc. he's just doing this to influence refs. and ironically i think he's drawing more attention to a documentary he doesn't want to have aired anyway. >> i think part of the problem bill carter, for his argument, is that the line has so totally blurred between celebrity and politician, because they're equals now. look at the donald. >> yes. >> he wants to be viewed in both quarters. today is sarah palin a celebrity or is she -- she's both. >> she is both. and they all appear on late night shows now. they all make jokes. they're funny people. incidentally, cnn who was in the same boat targeted by the rnc said to me they would be happy to do a documentary on christie, because they think he is really interesting, and has news value. they would be happy to do it. i think really you have to really separate these things. the entertainment people are interested in ratings and money. one of the things that i heard from the fox television people was we think we can make money with this. that's why they're involved, not because they have a message or anything else. that's what they want to do. >> will this controversy cause the production unit, the entertainment unit to say this is just too hot? >> it's possible. i'd say that was possible. but it also could make them think we really want to be involved. this is really going to get big ratings, and it will sell internationally where we have the rights. >> sam, you think it drives up their desire. >> why run away from the project now that it's being discussed on cable news ad nauseum? there's so much more interest in this project than it was when it was initially announced. in large part because the rnc has placed it squarely into the political spotlight. >> hysterical for me to have this conversation about this project. there's no script. >> there's no script. >> there is no script. >> but there is a star. that's another thing. >> big star. >> they have a movie star playing hillary clinton. there's a third movie being made. theatrical movie called "rodham" made by the "twilight" producers. it's about her early life. they tried to get like scarlet johansson and casey million mulligan to play that part. they want a movie star to play hillary. >> thank you. up next, the return of birtherism in all of its nasty forms. you can follow me on twitter so long as you know how to spell smerconish. this is "hardball," the place for politics. the postal service is critical to our economy. delivering mail, medicine and packages, yet they're closing thousands of offices, slashing service and want to layoff over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it. blast of cold feels nice. why don't you use bengay zero degrees? it's the one you store in the freezer. same medicated pain reliever used by physical therapists. that's chilly! 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"the new york post" is reporting that the candidate is being filmed for a potential documentary. so maybe he was just hamming it up for the camera. and finally, birtherism is still up for debate, at least according to donald trump. here he was sparring with jonathan karl about that on abc's "this week on sunday." >> you don't still question that he was born in the united states, do you? >> i have no idea. >> even at this point? >> well, i don't know. was there a birth certificate? you tell me. you know, some people say that was not his birth certificate. i'm saying i don't know. nobody knows and you don't know either, jonathan. you're a smart guy. you don't know either. >> i'm pretty convinced. >> pretty, you said pretty. >> totally without question that he was born in the united states. >> jonathan, you said you're pretty convinced. >> up next, there's still 29 months until the start of the 2016 presidential race but don't tell that to the potential contenders. they're already flocking to iowa. you're watching "hardball," the place for politics. c is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. but it might just be my favorite. [ female announcer ] welcome to the new aarp. we're ready to help you rediscover purpose and passion with programs like life reimagined to inspire you and connect you, resources to help turn your goals and dreams into real possibilities. aarp, an ally for real possibilities. find new tools and ideas for work, money, health and fun at aarp.org/possibilities. ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle. congestion, for it's smog. but there are a lot of people that do ride the bus. and now that the busses are running on natural gas, they don't throw out as much pollution to the earth. so i feel good. i feel like i'm doing my part to help out the environment. the beach on your tv is much closer than it appears. dive into labor day with up to 50% off hotels at travelocity. i'm milissa rehberger. here is what is happening. authorities say after interviews rescued teenager hannah anderson, it is clear that she is a victim and had no idea her mom and brother had been killed. hannah's father spoke earlier, and said his daughter is surrounded by family and is grieving. >> the healing process will be slow. she has been through a tremendous horrific ordeal. >> authorities say kidnapper james dimaggio was armed and fired a round before being shot by the fbi. back to "hardball." welcome back to "hardball." if political activity in the state of iowa this weekend is any indication, it's game on for the 2016 presidential race. the conservative family leadership summit attracted some of the high octane names often mentioned as 2016 contenders. >> there is no more important regulatory reform that we can do than to repeal every single word of obama care. >> my challenge to the republican party is to take a page out of our book. and start putting forth an agenda of ideas to raise up folks who want to vote for us. you saw for the last election, they didn't want to the vote for president obama but at least he went out and talked to them. >> on the democratic side, word that vice president biden will be in iowa next month to speak at senator tom harkin's annual steak fry. that's an event considered a signature stop for any democratic presidential contender. also attending san antonio mayor julian castro, who had a high profile speaking slot at last year's democratic national convention, delivering the keynote address. that's the same speaking slot in 2012 that launched president obama's presidential arc back in 2004. even though hillary clinton didn't set foot in the state of iowa, she didn't need to in order to be the topic of presidential conversation at an emily's list event on friday. >> getting everyone excited now about what i hope will be that moment in 2017 when we all get to say madam president to hillary rodham clinton. >> so let the games begin. susan page is washington bureau chief for "usa today." michael crowley is a senior drnt for "time" magazine. michael, i love this stuff. i think "hardball" watchers love this stuff. others might be thinking, oh, it's just too soon. what is the importance of the early jockeying? >> well, you know, on some level it's not that important. a lot of the people who get early attention and applause at these things don't end up going anywhere. we'll recall how michele bachmann won the straw poll last time around. but there are these invisible primaries under way. particularly i think the most interesting one right now is the jockeying to be. there is clearly going to be, you know, a modern establishment candidate, a romneyesque candidate. it might be someone like chris christie. and there are a lot of people who want to fill the role of the more tea party libertarian hard-core take no prisoners conservative candidate. so i think what is happening right now to a large degree within the party is jockeying, you know, for instance including cruz and rand paul to be that more conservative alternative. but this is all still very nebulous. and by the way i think for cruz the most important thing is to boost his name recognition. it helps him have more leverage and attention back in washington and be effective in the senate. >> right. good for cruz, regardless of whether he actually runs. susan, it looks, though, already, like there are a lot of folks interested in that gop field, could be a big field. so let me read into it and say, if it is a big gop field and if it consists of the rand pauls and ted cruzs and the rick santorums, that's good news for chris christie. >> because you divide the right side of the party. >> correct. >> you don't think there is any chance that americans will get sick of this contest if we start covering it now, do you? do you think they're ready for a 3 1/2 year presidential campaign? >> some people. >> maybe viewers of this show. you know, chris christie has a difficult needle to thread. you're right. if you fragment the party on the other side, maybe that opens the door to it. i think so what is hatching now is people are trying to raise their hands to say hey, you can't do much now. you can't raise money. you can't get organized in these states like iowa and new hampshire. but you can raise your hand. but you can meet the activists and make sure when people are putting together a list of possible contenders for the wide open race on the gop side, that your name is on it. and that's what i think people like ted cruz are doing. >> all right. let's talk about the donald. donald trump also found himself in iowa this weekend, addressing the family leadership summit with his take on the 2016 race. >> obama should have been beaten. hillary's going to be tougher to beat. and the republicans have to do what's right. if they don't pick the right person, and i mean the right person, perfect, it's got to be the perfect person, they are going to get drubbed in the 2016 election. >> now, it's worth remembering that donald trump has been inserting himself into presidential politics going back to 1988, and his forays often accompany his need to promote a book, a show or just himself in general. steve kornacki pointed this out in the last election cycle in a piece for salon titled "trump's white house con ban 24 years ago in the 1988 cycle", publication of his book "the art of the deal," coincided with his denials that he was running for president. in the 2000 cycle, he toyed with the idea of running for president while also promoting his book "the america we deserve," and in 2012 when trump flirted with a presidential run, he was also coincidentally drawing attention to his primetime reality show "celebrity apprentice." so michael, evaluate the donald factor. >> right. so he wrote this book "the america we deserve." i guess trump is sort of the circus clown that this process deserves. in a way the media deserves. we talk about these candidates before they really show any sign of real serious investment. we need stories to cover and trump somewhat masterfully exploits that. i don't take him seriously at all. i don't think there's any reason to given the past record you just described. to some degree we're his enablers by talking about him. he's an entertaining character. i think to the degree there's anything substantive to say about it, it's bad for republicans for him to be part of the mix. i think they're trying to get past this idea that the primary's last time around were almost a -- again, it was a clown car, it was a circus. these are the phrases you hear even from republican activists. i think trump's presence and the attention trump is getting at this point kind of creates that atmosphere again. it's a free-for-all and anyone can get in. >> can i just say to michael's point, i think that's the long-term implication. this continues to be the face of the gop, whether it's donald trump, whether it's ted cruz. i'm going to show a clip in a moment. in fact, i'll show it to you right now. senator ted cruz's father, rafael cruz, also spoke at the iowa summit family leadership and also compared obama to fidel castro. >> a young charismatic leader rose up talking about hope and change. his name was fidel castro socialism requires that government becomes your god. that's why they have to destroy the concept of god. they have to destroy all loyalties except loyalty to the government. that is what is behind homosexual marriage. >> susan, the point being that this continues to be the face, the brand of the gop. i doubt any of the people that we've just discussed who were on those stages is going to be the nominee and could be elected president, but people sitting at home watching this sort of thing, it reinforces that's where the party is today. >> you know, i agree with you. i think that what reverend cruz was talking about comparing barack obama to fidel castro played pretty well in that audience but it's the kind of thing that makes it very difficult for republicans to appeal to voters in the middle voters you need if you're going to win a presidential election. and in that way, i think that that speech is more damaging than the appearance by donald trump. >> i agree with you. >> let me wrap up if i might. courtesy of nbc's first read, a reminder of how early we really have in the 2016 race. at this point in the '08 cycle, august of 2005, this was the state of play. on the republican side, senator george allen was considered at least the cofront-runner for the nomination. here he is on the cover of national review with the headline his future is now and the first string presidential talent out of virginia. a year later he lost his bid for re-election. hillary clinton was seen as the overwhelming favorite on the democratic side. as for eventual winner barack obama, he had been a senator for only seven months and wasn't viewed as a presidential contender. there you go. thank you, susan page. thank you, michael crowley. up next, the verdict in the racketeering and murder trial of widety bulger. this is "hardball," the place for politics. [ human league plays "i'm only human" ] [ ship horn blows ] no, no, no! stop! humans. one day we're coming up with the theory of relativity, the next... not so much. but that's okay -- you're covered with great ideas like optional better car replacement from liberty mutual insurance. total your car and we give you the money to buy one a model year newer. learn about it at libertymutual.com. liberty mutual insurance. responsibility. what's your policy? always go the extra mile. to treat my low testosterone, i did my research. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron. republican governor pat mccrory of north carolina quietly signed sweeping new election reform into law. the governor did it without fanfare and no signing ceremony. the new law slashes early voting and requires voters to show photo id, something republicans insist will clamp down on voter fraud. but democrats and libertarians have argued the true goal is to suppress turnout, especially among african-americans, the young and the poor, groups that traditionally vote for democrats. we'll be back after this. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. 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[ crows ] peoi go to angie's listt for all kinds of reasons. to gauge whether or not the projects will be done in a timely fashion and within budget. angie's list members can tell you which provider is the best in town. you'll find reviews on everything from home repair to healthcare. now that we're expecting, i like the fact i can go onto angie's list and look for pediatricians. the service providers that i've found on angie's list actually have blown me away. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. we're back. james whitey bulger reached legendary heights as a feared boston area crime boss before disappearing in 1994. he even served as inspiration for the martin scorsese movie "the departed" portrayed by jack nicholson. he was eventually call in california in 2011. today in a courtroom in boston, a jury found him guilty of 31 out of 32 counts, including murder, moneylaundering, racketeering and extortion. the 83-year-old bulger called the trial a sham. for many it, it seemed like his focus during the two-month trial was disputing charges by the prosecution that he was an fbi informant. he also strongly denied he ever killed women. the trial was heavy on drama with bulger often cursing his former criminal associates testifying against him but surprising to some he never took the stand himself. for more on the case, we're joined by kevin cullen, a columnist for the boston globe author of "whitey bulger, america's most wanted gangster" and george anastasia, who co-authored the autobiography of former vegas mayor oscar goodman who got his start as a mob lawyer. george, speak about the mind-set of guys like this this honor, this code business where it's like okay if you say you were a mafia kingpin but please don't say i killed women and please don't say i was a snitch. >> well, i mean, that's the position that bulger took in this case. but i think the facts undermine enhanced image of who he was. i think kevin, who's written extensively about him, can speak more to that can i could. whitey bulger created a persona that wasn't reality. and i think what we saw in this trial and the evidence is this is a real whitety bulger, he's a despicable individual. >> kevin, were you surprised he didn't take the stand in his own defense? it's common in criminal trials. in this case, it seemed like this guy had a story he wanted to tell. >> i think he did, i mean, but in the same time, michael, i think, i wrote a column the day after he did not testify, and i said at the end of the day, whitey bulger is a bully and all bullies a cowards. i don't think he had the courage to stand up and say what he did. more that he did not want to submit himself to cross-examination when prosecutors would have brought out that he had been a snitch as far back as 1956. when he gave up his bank robbery accomplices. as george said -- >> was he a snitch? and did he kill women? >> i think -- well, a jury found today that he killed deborah hassey. as i said to stevie davis, her brother, he was crushed obviously, but t verdict -- if you look at what the jury did, i think the jury did an excellent job. i think most juries do excellent jobs. they did not support any uncorroborated evidence. they basically said, if the evidence wasn't uncorroborated, would not support it. in case of the killing of debra davis, it came down to basically stevie's account. there was hearsay evidence about what people said after. it really came down to stevie's version of this. stevie is as big a degenerate as whitey bulger. >> the courtroom had, george, you wrote a book about mob movies. this is like a mob movie. in one instance, bulger disrupted his former associate, kevin weeks after weeks testify it bothered him bulger was an informant for the fbi. "because we killed people who were rats and i have the two biggest rats right next to me." from his seat in the courtroom, bulger screams, "you suck." weeks' response, "f you." bulger said, "f you, too." he jumped to his seat in the witness stand before the judge calmed things down. it's straight out of a screen play. >> that's been the whitey bulger saga. you can't make this stuff up. one of the things that gets lost in all this, though, is this case, this whitey bulger story is an indictment of the way fbi operates. and bulger was able to manipulate at least two fbi agents and undermine the system. and i think hthat has gotten lot in the story of whitey bulger in this trial. >> kevin, tell us, remind us what became of whitey bulger's girlfriend, the woman with whom he was on the lam and living in santa monica. >> cathie greg was sentenced to eight years in the same courthouse years ago. she went out as the tammy wynette of south boston. she stood by her man, didn't say anything. of course, talking to a lot of the families here, the victims' families, they know whitey bulger stashed money all over the country, if that all over the world. he had safety deposit boxes in dublin, london, paris. so they're saying, where's the money in does cathie know? does his brother, billy, the former politician know? does his brother, jack, here every day for the trial, did they know? all the families believed there's millions of dollars stashed out there. that's the mistery out there. hey, whitey bulger was a thug and a killer. the jury said that. >> kevin cullen, thank you. george anastasia, thanks so much. when we return, let me finish with a regular rite of summer, a misguided one, criticizing the president for taking a vacation. you're watching "hardball." the place for politics. help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. glass on floors. daily chores. for the little mishaps you feel use neosporin to help you heal. it kills germs so you heal four days faster. neosporin. use with band-aid brand bandages. neosporin. she's always been able it's just her way.day. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. otherworldly things. but there are some things i've never seen before. this ge jet engine can understand 5,000 data samples per second. which is good for business. because planes use less fuel, spend less time on the ground and more time in the air. suddenly, faraway places don't seem so...far away. ♪ let me finish tonight with this. the first family is on vacation in martha's vineyard. this is their fourth vacation trip to the island. they skipped last year in the midst of the 2012 campaign. the president, he hit the links with the press pool watching both yesterday and today. i notice that this morning drudge was leading with a story that talked about the arrival of bo, the family dog via an osprey helicopter, the number of hotel rooms needed for secret service, and the presence of a mesh bag filled with basketballs in the luggage. criticizing a president's vacation, especially this president's vacation has become a rite of summer. to learn more of the facts, today i chatted with mark knoller. he is the white house correspondent for cbs news, but he is more than that. he is the go-to statistician for presidential behavior, and he often shares his data with colleagues, sometimes with the presidents themselves. he maintains lists of literally everything the commander in chief does, from bill signings to pardons, vetoes, air force one flights, marine one trips and vacation destinations, even church attendance. you should follow him @markknoller. it's a must. as for the numbers, since taking office, president obama has taken 14 vacation trips spanning all or part of 95 days. how does that compare? at the same point in his presidency, bill clinton had taken 11 vacation trips for 84 days. ronald reagan made 29 visits to his ranch for 180 days. at the same point in office, president george w. bush had made 50 visits to his texas ranch, totaling all or part of 323 days. knoller said that he always puts the word "vacation" in quotes because as he often says, u.s. presidents don't really get to take a vacation. the job comes with them 24/7. well, i'm hoping president obama plays lots of golf in the next couple of days or shoots hoops or whatever else he needs to do to maintain his mental edge. i felt the same way about president george w. bush, and i never begrudged him his time at the ranch. all told he was there during 490 days during his presidency. the health of the country is largely a function of the physical and mental health of its commander in chief. and if blowing off some steam

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Transcripts For MSNBC Hardball With Chris Matthews 20130813

ease government drug sentencing guidelines. holder was clear this isn't just about perform reforming an outdated, inefficient and expensive war on drugs, he said. this is about reforming a judicial system of inequality system that will abuses blacks and minorities. this is holder speaking how they're disproportionately involved in that system. >> we also must confront the reality that once they're in that system, people of color often face harsher punishments than their peers. in recent years, black male offenders have received sentences nearly 20% longer than those imposed on white males convicted of similar crimes. this isn't just unacceptable. it is shameful. >> now, the second case in new york city where a federal judge demolished the city's tactics surrounding a controversial stop and frisk law, the law has become a flash point for racial tensions nationwide not unlike stand your ground in the trayvon martin case. in her ruling, the judge said that tens of thousand of new yorkers had their rights systemically violated and overwhelming majority of the victims black and hispanic. the city must now follow a strict series of remedies at the court's request including the appointment of an independent monitor to oversee the nypd conduct. new york mayor michael bloomberg was livid. the law in connection with a declining crime rate has been a defining part of his legacy. and at a press conference earlier today, he didn't hide his disgust, particularly when it came to the issue of a monitor. >> if somebody pulls a gun and you want to get home to your family, you don't have time to say well, wait a second, the commissioner said one thing, the monitor said another and the ig said another. by that time, you're dead. and i'd like to see you go to the funeral and explain to the family why their son or husband or father is not coming home at night. >> sherrilynn ifill is the president and director of the naacp's he education fund. george pataki a former governor of the great state of new york. these are called terry stops. in a terry stop, a police officer needs to be operating on more than a hunch. the way new york city was carrying out stop and frisk the judge said resulted in an indirect form of racial profiling. >> yeah, i totally disagree with the judge, michael. you're probably not surprised by that. i think what we have seen is a dramatic reduction in violent crime in the city. there will be at least 2,000 fewer murderers this year than there were about ten years ago in one year. the vast majority of those victims are minorities. and their lives are being saved because we have a police department and a mayor who are being proactive in going after illegal guns, illegal activity on the street in a way that i believe and i hope the mayor will appeal and is ultimately determined to be constitutional. >> sherrilynn, respond to that. and also tell me how will this be received in the minority community, where the governor points out folks are most disproportionately affected by crime. >> well, let's begin by saying while violent crime certainly has been reduced in new york city, it's been reduced all over this country. in fact, the violent crime rate in this country is where it was in 1966. yet the prison population is far beyond where it was in 1966. stop and frisk policies are not about illegal activity. certainly those in the minority community as the governor points out are disproportionately the victims of violent crime care about guns and illegal activity in the community. but stop and frisk which resulted in the stopping of over 600,000 new yorkers, the vast majority of whom were african-american and latino and which produced arrests of about 12% of those who were stopped and frisked is about engaging in this conduct towards people who are doing nothing wrong. it's a form of racial profiling and we're thrilled that judge scheindlin in this exhaustive 200-page opinion recognized that the activities of the police and this policy infringes on the constitutional rights of new yorkers. >> i think the governor was saying in part that one of the reasons the crime has reached this 40-year low is because of the implementation of programs like stop and frisk. >> and i guess one of the things i'm saying is how do you account for the fact that crime has reached a low all over the united states, including places where you don't have stop and frisk? the reality is that crime began to go down in new york in the 1990s when dinkins was mayor, when david dinkins was mayor before we instituted stop and frisk, and all over the country crime has been going down. we're at astonishingly low rates of crime in the country. the question is can we begin to create some of the excesses like stop and frisk that the judge identified today. >> i want to show you both this. mayor bloomberg was quick to defend the policies of the use of stop and frisk, arguing that the law has been a key part of new york's reduced crime rate, just as we mentioned. >> every day, commissioner kelly and i wake up determined to keep new yorkers safe and save lives. and our crime strategies and tools, including stop, question, frisk, have made new york city the safest big city in america. and i'm happy to say we are on pace for another record low of shootings and homicides this year. because our police officers follow the law and follow the crime. they fight crime wherever crime is occurring and they don't worry if their work doesn't match-up to a census chart. >> governor, this is a big part of his legacy. he doesn't want to leave office with the record he has intact and all of a sudden be remembered as the guy implementing stop and frisk on an unconstitutional basis. >> well, i think he should be remembered as the man who helped reduce violent crime to historically low levels in this city. sherrilynn is absolutely right. we have an seen a decline across the country but haven't seen anything like the dramatic decline in new york city. you contrast new york city where we have policing, including stop and frisk, with chicago, where the rate of minority murders in that city is just unacceptable. and sherrilynn is also right when you look at the statistics. but look at the statistics of the stop and frisk. it reflects, basically, the percentages of those who ultimately are arrested and charged with crimes in this city. the sad fact is that not only are minorities an overwhelming percentage of the victims of violent crime, they tragically are also those who most often end up convicted of committing those crimes. >> president obama made a point about that when he seemed to speak extemporaneously on that on friday. we may have been together analyzing the speech that day. he made the point about african-americans being disproportionately represented on both sides of that deal. >> you know what is interesting about this is it actually -- stop and frisk policies, they actually undermine law enforcement. because what ends up happening is young men, like many of the men who testified and who brought forward evidence in this case who have been stopped and frisked 12, 13, 14 times in a five-year period, young men who are in high school, young men who are in college doing nothing wrong, they and their families later come to distrust the police. they're the same people who are going to sit on our juries. they're the same people who we need to call the police to give information about real crime happening in their communities. and they become distrustful. it sets up a barrier between law enforcement and the communities, and that harms african-americans as well as the rest of the residents of the city. >> let's talk briefly about the sentencing case, if we can. because in his speech today, attorney general eric holder combatted criticisms his actions in sentencing reform would be labeled as soft on crime or compromising public safety. the attorney general defended his proposals to ease drug sentencing guidelines by pointing to state programs that have successfully focused on community programs instead of hard-line prosecution. >> be clear. these measures have not compromised public safety. in fact, many states have seen drops in recidivism at the same time their prison populations were declining. while our federal prison has continued to slowly expand, significant state level reductions have led to three consecutive years of decline in america's overall prison population including in 2012, the largest drop ever experienced in a single year. >> governor, some are saying this is an end run around congress. i happen to think that it is. but i get it. members of congress want to thump their chests and be tough on crime and will vote for mandatory minimums. but when it comes time to dial that back, nobody wants to be held accountable. >> see, i disagree with you. i think to the extent that the attorney general is proposing to change the drug sentencing laws, it should be done by statute. it should be done with congress. and i did exactly that in new york state. we put in place policies that provided shock incarceration, community-based treatment for certain low level drug offenders. at the same time we increased penalties for those who would have a gun or use a gun or the higher level drug kingpins. when i left office, we had 7,000 fewer people in prison than we did because of those intelligent reforms. >> what i'm saying is i don't think they could get it through the congress, because i don't think people want to stand up and vote aye for something that dials it back. it's a political problem. >> michael, i think i have had a record and have an attitude that is as tough on crime, including drug violations as any governor in this state. yet i was able not just to sign that into law, but to propose reforms when they're done intelligently and when it's balanced, and you don't look at it as a way to allow high-level drug dealers or those who have a gun or those who have a history of violence to get out early, then i think you can create a bipartisan consensus for treatment and alternatives. >> let me ask you both this. we have the statistic, the data here. it's been bandied about a great deal today. 5% of the world's population, 25% of the world's incarcerated population and a 40-year low in crime. can you read all of that together and say well, one of the reasons we have such a high rate of incarceration and such low crime is because a lot of the bad seeds have been taken off the street? >> i don't mean to cut sherrilynn out, but i totally agree with that. one of the things we did was change sentencing not just in drug area. we have much tougher sentences for those who are repeat criminals. and it's one of the reasons why we saw such a dramatic reduction of violent crime in the new york state. >> listen, in 1991, the prison population in the entire united states was about 200,000. that's now about the federal prison population, about 219,000. overall, we have 2.2 million people incarcerated in the united states. that's a dramatic increase in the last 30, 40 years. we just talked about the all-time low, you know, in violent crime. we overreached and we broke families and we broke communities. the reality is the vast majority of people who are in prison are going to get out. when they get out, they will have the deficit of their record, they will have the deficit of what happened to them when they were in prison, they will have precious few resources that are available to begin their lives again. so what the attorney general suggested today, and i think it's really fascinating. he's focusing on a little discussed area of authority and power. and that's prosecutorial discretion. he says it's not about end runs around the law. prosecutors have the ability to decide what they're going to charge a criminal defendant with. >> understood. >> and he says, our prosecutors, u.s. attorneys need to use that charging power in a smart way. they need to use it to do just what judge pataki said, make sure that you come hard against those who is have the record, who have been involved in violent criminal activity but not against people who have a clean record who are involved in nonviolent activity. you don't use the drug kingpin statues meant to get the worst of the worst against those kinds of individuals. >> it's a great conversation. thank you both for being here to participate in it. >> thank you. >> sherrilynn ifill and george pataki. coming up, what is the one thing that could ruin the fun that reince priebus has been having bashing nbc for bashing a hillary miniseries? that would be if it turned outfox was producing it. and guess what? they are considering producing it. it's now your move, reince. also, the gift that keeps on giving. the iowa caucuses, only 880 days away, give or take a couple of weeks away but already ds and rs are acting like it's 14 degrees and we're in january of 2016. plus, guilty as charged. boston mobster whitey bulger is convicted of a bunch of racketeering charges, including 11 murders. the government is likely to provide bulger's housing for the rest of his life. and perhaps the biggest clown in what chris matthews loves to call the republican 2012 clown show, back with more birther nonsense. this is "hardball," the place for politics. [ male announcer ] it's the adt back to school savings event. the school year has everyone out of the house, so help protect your home with adt. and right now you can get adt security installed starting at just $49, a savings of $250. but hurry. offer ends soon. call right now or visit adt.com. this is a fire that didn't destroy a home. this is a break-in that didn't devastate a family. this is the reason why. adt. you can't predict when bad things will happen, but you can help protect yourself with the fast alarm response of adt, with 24/7 monitoring against burglary, fire, and high levels of carbon monoxide starting at just over $1 a day. this is the computer that didn't get stolen, keeping priceless photos and financial records safe. this is the reason why. take advantage of adt's back to school savings. starting at $49 installed. adt. always there. offer ends soon. president obama gave his most spirited defense of his health care law on friday. and now republicans have revived some of the false talking points to discredit it. here's rnc chair reince priebus. >> the fact is, what people don't want are government panels deciding whether something's medically necessary. >> government panels? sounds a lot like those death panels that sarah palin used to talk about. by the way, one reason why more americans oppose obama care than support it, it's getting killed on twitter. kantar media's campaign for media analysis tracks political ads and tweets and found negative tweets about obama care outnumber positive tweets by six or seven to one. we'll be right back. welcome back to "hardball." that hillary clinton mini series hasn't been produced yet and already, there's a plot twist. last week, rnc chair reince priebus spent time on television threatening cnn and nbc he will pull gop primary debates in the presidential cycle if both networks move forward with planned specials about hillary clinton. but over the weekend, "the new york times" revealed the conservative fox news channel's own sister entertainment division, fox television studios is in talks to produce and distribute the script for the miniseries being planned to air on nbc. candy crowley confronted priebus putting the chairman on the defensive about those revelations yesterday on cnn. >> "the new york times" is reporting that the nbc clinton series might likely be produced by fox television studios. that's sort of a sister company to fox news. so the if we follow your logic, do you think that there then is a connection to fox news and would they be subject to the same kind of scrutiny? >> i'm going to boycott the company that puts the miniseries and the documentaries on the air for the american people to view. i'm not interested in whether they use the same sound studio or whether they use the same set. i don't know the truth of anything you're talking about. but i do know what's very clear. is that the company that puts these things on the air to promote hillary clinton including cnn is the company that is not going to be involved in our debates. period. >> so the people that write. >> with me now bill carter of "the new york times" and sam stein "the huffington post." let's be clear. we're arguing or they're arguing about a script that hasn't even been written. >> that's right. and i think first of all, i have no dog in this fight but when i wrote the story and realized that fox had involvement with their entertainment arm, i thought it was certainly interesting, and sort of raises the question of who is really responsible for putting on an entertainment thing, and how does it relate to anybody's news division. >> but i think it becomes, and i recognize that you have no dog in the fight. it seems like a hard an argument for reince priebus toe make that i'm going to hold accountable those networks that air it as compared to those who produce it. when i read your piece and then heard what he had to say as a lawyer, i thought of civil law and product liability. those ho get held accountable are manufacturers and vendors, assuming it's a defective product. >> look, in the entertainment world, there are entangled relationships. and in this case, nbc picks up the project that was pitched all around, and they look for a production entity. that production entity will have a deep involvement. they will approve the script. they're not just going to put on what nbc says. they also get the international distribution rights. so they have a real vested interest in this. if they do it, they will be deeply involved. >> sam, does he have egg on his face, or is this all about playing to the base anyway? politically, it's been a very wise move. what about now given what bill carter has reported? >> first of all, i wish i had the legal chops to do the arguments you're making, but i don't. but from a political standpoint, i do think he has a bit of egg on his face. i don't get the distinction between production and distribution and airing the documentary. if you're involved in the general product, i think you're involved in the general product. and for reince priebus, that involvement was big enough and good enough to get you kicked out of hosting republican debates. so by logic, the next question becomes why is fox any less culpable than nbc. and i don't think he has given a sufficient explanation. but let's be brutally frank about this. this wasn't about anything other than raising money and trying to influence. he was basically trying to influence the tenor and tone of the documentary itself before it was written and aired. >> bill, i want to ask about the impact of the public of these sorts of projects and television. "game change" comes to mind. "the kennedys" comes to mind. years ago there was a mccain movie based on that autobiography of his. >> they did reagan which was forced off cbs by the way. >> right. "fahrenheit 9/11" in movie theaters. >> right. >> or the dinesh d'souza attempted takedown of obama in the last cycle. do we make too much over the value they would have in swaying minds? >> i think to me the idea that that's going to change someone's opinion of hillary clinton seems improbable. that's why the movie is being made. she's an historical figure now. i don't think it could have that impact. but i do think you see the news divisions that are uncomfortable with it. they don't want to be tied in to what might be a valentine to hillary clinton, because it won't look good and then it will be a sale and it would be a sideshow if that happens. >> sam. >> i think it's all about ratings. and if there were a personality within the gop, they would be chomping at the bit to put on a program about him or her. beyond chris christie, i don't know that the christie record is defined to warrant a two or four-hour treatment. ratings are what matters here. that's why sarah palin was the subject of many of these a couple years ago. with respect to the news divisions and the rnc, my solution is wait for it to air and then make your up judgments. we have no idea what the actual script will say. we have no idea if it will be flattering or critical. we can make guesses and some of them are educated guesses. there is nothing stopping reince priebus from saying after the airing that was way too flattering. now i'm going to cancel the debates on cnn or nbc. he's just doing this to influence refs. and ironically i think he's drawing more attention to a documentary he doesn't want to have aired anyway. >> i think part of the problem bill carter, for his argument, is that the line has so totally blurred between celebrity and politician, because they're equals now. look at the donald. >> yes. >> he wants to be viewed in both quarters. today is sarah palin a celebrity or is she -- she's both. >> she is both. and they all appear on late night shows now. they all make jokes. they're funny people. incidentally, cnn who was in the same boat targeted by the rnc said to me they would be happy to do a documentary on christie, because they think he is really interesting, and has news value. they would be happy to do it. i think really you have to really separate these things. the entertainment people are interested in ratings and money. one of the things that i heard from the fox television people was we think we can make money with this. that's why they're involved, not because they have a message or anything else. that's what they want to do. >> will this controversy cause the production unit, the entertainment unit to say this is just too hot? >> it's possible. i'd say that was possible. but it also could make them think we really want to be involved. this is really going to get big ratings, and it will sell internationally where we have the rights. >> sam, you think it drives up their desire. >> why run away from the project now that it's being discussed on cable news ad nauseum? there's so much more interest in this project than it was when it was initially announced. in large part because the rnc has placed it squarely into the political spotlight. >> hysterical for me to have this conversation about this project. there's no script. >> there's no script. >> there is no script. >> but there is a star. that's another thing. >> big star. >> they have a movie star playing hillary clinton. there's a third movie being made. theatrical movie called "rodham" made by the "twilight" producers. it's about her early life. they tried to get like scarlet johansson and casey million mulligan to play that part. they want a movie star to play hillary. >> thank you, bill carter. thank you, sam stein. up next, the return of birtherism in all of its nasty forms. you can follow me on twitter so long as you know how to spell smerconish. this is "hardball," the place for politics. ♪ [ male announcer ] you wait all year for summer. ♪ this summer was definitely worth the wait. ♪ summer's best event from cadillac. let summer try and pass you by. lease this cadillac srx for around $369 per month or purchase for 0% apr for 60 months. come in now for the best offers of the model year. back to "hardball." time for the sideshow." missouri's rodeo cowboy association is under fire for a controversial performance at its state fair on saturday. the bull riding event featured a rodeo clown wearing a president obama mask and the actor was then routinely mocked over the p.a. system. take a look. >> mr. obama. >> hey, lot me tell these people about who we got helping. obama is going to have to stay there. obama, watch out for those bulls. >> hey, i know i'm a clown. he just runs around acting like one. doesn't know he is one. >> you ready? obama, they're coming for you. >> whoo. >> as soon as the bull comes out, obama, don't you move. he's going to get you, get you, get you, get you! >> that video was filmed by perry beam who also reported another clown ran up and started bobbling the lips on the mask. here's how he characterized that scene on "the today show." >> like an effigy at a klan rally. ed there have been no reason to mess with his lips if he had been a white president. playing on that stereotype, he had to go up there and diddle with his lips. >> the organizers of the taxpayer-funded event apologized last night. the clown has been banned from performing there ever again. next up, new york mayoral candidate anthony weiner seems to be in on the joke these days. he was marching in the dominican day parade over the weekend when he reportedly grabbed a giant plantain from a woman in the crowd and waved it around. if this latest photo op seems odd even for him you might be onto the something. "the new york post" is reporting that the candidate is being filmed for a potential documentary. so maybe he was just hamming it up for the camera. and finally, birtherism is still up for debate, at least according to donald trump. here he was sparring with jonathan karl about that on abc's "this week on sunday." >> you don't still question that he was born in the united states, do you? >> i have no idea. >> even at this point? >> well, i don't know. was there a birth certificate? you tell me. you know, some people say that was not his birth certificate. i'm saying i don't know. nobody knows and you don't know either, jonathan. you're a smart guy. you don't know either. >> i'm pretty convinced. >> pretty, you said pretty. >> totally without question that he was born in the united states. >> jonathan, you said you're pretty convinced. >> up next, there's still 29 months until the start of the 2016 presidential race but don't tell that to the potential contenders. they're already flocking to iowa. you're watching "hardball," the place for politics. welcome back to "hardball." if political activity in the state of iowa this weekend is any indication, it's game on for the 2016 presidential race. the conservative family leadership summit attracted some of the high octane names often mentioned as 2016 contenders. >> there is no more important regulatory reform that we can do than to repeal every single word of obama care. >> my challenge to the republican party is to take a page out of our book. and start putting forth an agenda of ideas to raise up folks who want to vote for us. you saw for the last election, they didn't want to the vote for president obama but at least he went out and talked to them. >> on the democratic side, word that vice president biden will be in iowa next month to speak at senator tom harkin's annual steak fry. that's an event considered a signature stop for any democratic presidential contender. also attending san antonio mayor julian castro, who had a high profile speaking slot at last year's democratic national convention, delivering the keynote address. that's the same speaking slot in 2012 that launched president obama's presidential arc back in 2004. even though hillary clinton didn't set foot in the state of iowa, she didn't need to in order to be the topic of presidential conversation at an emily's list event on friday. >> getting everyone excited now about what i hope will be that moment in 2017 when we all get to say madam president to hillary rodham clinton. >> so let the games begin. susan page is washington bureau chief for "usa today." michael crowley is a senior correspondent for "time" magazine. michael, i love this stuff. i think "hardball" watchers love this stuff. others might be thinking, oh, it's just too soon. what is the importance of the early jockeying? >> well, you know, on some level it's not that important. a lot of the people who get early attention and applause at these things don't end up going anywhere. we'll recall how michele bachmann won the straw poll last time around. but there are these invisible primaries under way. particularly i think the most interesting one right now is the jockeying to be. there is clearly going to be, you know, a modern establishment candidate, a romneyesque candidate. it might be someone like chris christie. and there are a lot of people who want to fill the role of the more tea party libertarian hard-core take no prisoners conservative candidate. so i think what is happening right now to a large degree within the party is jockeying, you know, for instance including cruz and rand paul to be that more conservative alternative. but this is all still very nebulous. and by the way i think for cruz the most important thing is to boost his name recognition. it helps him have more leverage and attention back in washington and be effective in the senate. >> right. good for cruz, regardless of whether he actually runs. susan, it looks, though, already, like there are a lot of folks interested in that gop field, could be a big field. so let me read into it and say, if it is a big gop field and if it consists of the rand pauls and ted cruzs and the rick santorums, that's good news for chris christie. >> because you divide the right side of the party. >> correct. >> you don't think there is any chance that americans will get sick of this contest if we start covering it now, do you? do you think they're ready for a 3 1/2 year presidential campaign? >> some people. >> maybe viewers of this show. you know, chris christie has a difficult needle to thread. you're right. if you fragment the party on the other side, maybe that opens the door to it. i think so what is happening now is people are trying to raise their hands to say hey, you can't do much now. you can't raise money. you can't get organized in these states like iowa and new hampshire. but you can raise your hand. but you can meet the activists and make sure when people are putting together a list of possible contenders for the wide open race on the gop side, that your name is on it. and that's what i think people like ted cruz are doing. >> all right. let's talk about the donald. donald trump also found himself in iowa this weekend, addressing the family leadership summit with his take on the 2016 race. >> obama should have been beaten. hillary's going to be tougher to beat. and the republicans have to do what's right. if they don't pick the right person, and i mean the right person, perfect, it's got to be the perfect person, they are going to get drubbed in the 2016 election. >> now, it's worth remembering that donald trump has been inserting himself into presidential politics going back to 1988, and his forays often accompany his need to promote a book, a show or just himself in general. steve kornacki pointed this out in the last election cycle in a piece for salon titled "trump's white house con ban 24 years ago in the 1988 cycle", publication of his book "the art of the deal," coincided with his denials that he was running for president. in the 2000 cycle, he toyed with the idea of running for president while also promoting his book "the america we deserve," and in 2012 when trump flirted with a presidential run, he was also coincidentally drawing attention to his primetime reality show "celebrity apprentice." so michael, evaluate the donald factor. >> right. so he wrote this book "the america we deserve." i guess trump is sort of the circus clown that this process deserves. in a way the media deserves. we talk about these candidates before they really show any sign of real serious investment. we need stories to cover and trump somewhat masterfully exploits that. i don't take him seriously at all. i don't think there's any reason to given the past record you just described. to some degree we're his enablers by talking about him. he's an entertaining character. i think to the degree there's anything substantive to say about it, it's bad for republicans for him to be part of the mix. i think they're trying to get past this idea that the primary's last time around were almost a -- again, it was a clown car, it was a circus. these are the phrases you hear even from republican activists. i think trump's presence and the attention trump is getting at this point kind of creates that atmosphere again. it's a free-for-all and anyone can get in. >> can i just say to michael's point, i think that's the long-term implication. this continues to be the face of the gop, whether it's donald trump, whether it's ted cruz. i'm going to show a clip in a moment. in fact, i'll show it to you right now. senator ted cruz's father, rafael cruz, also spoke at the iowa summit family leadership and also compared obama to fidel castro. >> a young charismatic leader rose up talking about hope and change. his name was fidel castro. socialism requires that government becomes your god. that's why they have to destroy the concept of god. they have to destroy all loyalties except loyalty to the government. that is what is behind homosexual marriage. >> susan, the point being that this continues to be the face, the brand of the gop. i doubt any of the people that we've just discussed who were on those stages is going to be the nominee and could be elected president, but people sitting at home watching this sort of thing, it reinforces that's where the party is today. >> you know, i agree with you. i think that what reverend cruz was talking about comparing barack obama to fidel castro played pretty well in that audience but it's the kind of thing that makes it very difficult for republicans to appeal to voters in the middle voters you need if you're going to win a presidential election. and in that way, i think that that speech is more damaging than the appearance by donald trump. >> i agree with you. >> let me wrap up if i might. courtesy of nbc's first read, a reminder of how early we really have in the 2016 race. at this point in the '08 cycle, august of 2005, this was the state of play. on the republican side, senator george allen was considered at least the cofront-runner for the nomination. here he is on the cover of "the national review" with the headline "his future is now," and the first string presidential talent out of virginia. a year later he lost his bid for re-election. hillary clinton was seen as the overwhelming favorite on the democratic side. as for eventual winner barack obama, he had been a senator for only seven months and wasn't viewed as a presidential contender. there you go. thank you, susan page. thank you, michael crowley. up next, the verdict in the racketeering and murder trial of whitey bulger. this is "hardball," the place for politics. [ female announcer ] since 2001 caroline penry's used olay total effects. and after 1 wedding, 2 kids, 43 bottles of total effects, and many birthdays, still looks amazing. now add a boost with new olay moisturizer plus serum. always go the extra mile. to treat my low testosterone, i did my research. my doctor and i went with axiron, the only underarm low t treatment. axiron can restore t levels to normal in about 2 weeks in most men. axiron is not for use in women or anyone younger than 18 or men with prostate or breast cancer. women, especially those who are or who may become pregnant and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acne in women may occur. report these symptoms to your doctor. tell your doctor about all medical conditions and medications. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. ask your doctor about the only underarm low t treatment, axiron. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪ ♪ turn around barry ♪ i finally found the right snack ♪ ♪ republican governor pat mccrory of north carolina quietly signed sweeping new election reform into law. the governor did it without fanfare and no signing ceremony. the new law slashes early voting and requires voters to show photo id, something republicans insist will clamp down on voter fraud. but democrats and libertarians have argued the true goal is to suppress turnout, especially among african-americans, the young and the poor, groups that traditionally vote for democrats. we'll be back after this. we're back. james whitey bulger reached legendary heights as a feared boston area crime boss before disappearing in 1994. he even served as inspiration for the martin scorsese movie "the departed" portrayed by jack nicholson. he was eventually call in california in 2011. today in a courtroom in boston, a jury found him guilty of 31 out of 32 counts, including murder, moneylaundering, racketeering and extortion. the 83-year-old bulger called the trial a sham. for many it, it seemed like his focus during the two-month trial was disputing charges by the prosecution that he was an fbi informant. he also strongly denied he ever killed women. the trial was heavy on drama with bulger often cursing his former criminal associates testifying against him but surprising to some he never took the stand himself. for more on the case, we're joined by kevin cullen, a columnist for "the boston globe," author of "whitey bulger, america's most wanted gangster and the manhunt that brought him to justice," and george anastasia, who co-authored the autobiography of former vegas mayor oscar goodman who got his start as a mob lawyer. george, speak about the mindset of guys like this honor that this code business where it's like okay if you say you were a mafia kingpin but please don't say i killed women and please don't say i was a snitch. >> well, i mean, that's the position that bulger took in this case. but i think the facts undermine that. bulger had this i think enhanced image of who he was. and i think kevin, who has written extensively about him, can speak more extensively to that than i could. >> i think he did, i mean, but in the same time, michael, i think, i wrote a column the day after he did not testify, and i said at the end of the day, whitey bulger is a bully and all bullies a cowards. i don't think he had the courage to stand up and say what he did. more that he did not want to submit himself to cross-examination when prosecutors would have brought out that he had been a snitch as far back as 1956. when he gave up his bank robbery accomplices. as george said -- >> was he a snitch? and did he kill women? >> i think -- well, a jury found today that he killed deborah hussey. as i said to stevie davis, her brother, he was crushed obviously, but the verdict -- if you look at what the jury did, i think the jury did an excellent job. i think most juries do excellent jobs. they did not support any uncorroborated evidence. they basically said, if the evidence wasn't uncorroborated, would not support it. in case of the killing of debra davis, it came down to basically stevie's account. there was hearsay evidence about what people said after. it really came down to stevie's version of this. stevie is as big a degenerate as whitey bulger. >> the courtroom had, george, you wrote a book about mob movies. this is like a mob movie. in one instance, bulger disrupted his former associate, kevin weeks after weeks testify it bothered him bulger was an informant for the fbi. "because we killed people who were rats and i have the two biggest rats right next to me." from his seat in the courtroom, bulger screams, "you suck." weeks' response, "f you." bulger said, "f you, too." he jumped to his seat in the witness stand before the judge calmed things down. it's straight out of a screen play. >> that's been the whitey bulger saga. you can't make this stuff up. one of the things that gets lost in all this, though, is this case, this whitey bulger story is an indictment of the way fbi operates. and bulger was able to manipulate at least two fbi agents and undermine the system. and i think that has gotten lost in the story of whitey bulger in this trial. >> kevin, tell us, remind us what became of whitey bulger's girlfriend, the woman with whom he was on the lam and living in santa monica. >> cathie greg was sentenced to eight years in the same courthouse years ago. she went out as the tammy wynette of south boston. she stood by her man, didn't say anything. of course, talking to a lot of the families here, the victims' families, they know whitey bulger stashed money all over the country, if that all over the world. he had safety deposit boxes in dublin, london, paris. so they're saying, where's the money in does cathie know? does his brother, billy, the former politician know? does his brother, jack, here every day for the trial, did they know? all the families believed there's millions of dollars stashed out there. that's the mistery out there. hey, whitey bulger was a thug and a killer. the jury said that. >> kevin cullen, thank you. george anastasia, thanks so much. when we return, let me finish with a regular rite of summer, a misguided one, criticizing the president for taking a vacation. you're watching "hardball." the place for politics. let me finish tonight with this. the first family is on vacation in martha's vineyard. this is their fourth vacation trip to the island. they skipped last year in the midst of the 2012 campaign. the president, he hit the links with the press pool watching both yesterday and today. i notice that this morning drudge was leading with a story that talked about the arrival of bo, the family dog via an osprey helicopter, the number of hotel rooms needed for secret service, and the presence of a mesh bag filled with basketballs in the luggage. criticizing a president's vacation, especially this president's vacation has become a rite of summer. to learn more of the facts, today i chatted with mark knoller. he is the white house correspondent for cbs news, but he is more than that. he is the go-to statistician for presidential behavior, and he often shares his data with colleagues, sometimes with the presidents themselves. he maintains lists of literally everything the commander in chief does, from bill signings to pardons, vetoes, air force one flights, marine one trips and vacation destinations, even church attendance. you should follow him @markknoller. it's a must. as for the numbers, since taking office, president obama has taken 14 vacation trips spanning all or part of 95 days. how does that compare? at the same point in his presidency, bill clinton had taken 11 vacation trips for 84 days. ronald reagan made 29 visits to his ranch for 180 days. at the same point in office, president george w. bush had made 50 visits to his texas ranch, totaling all or part of 323 days. knoller said that he always puts the word "vacation" in quotes because as he often says, u.s. presidents don't really get to take a vacation. the job comes with them 24/7. well, i'm hoping president obama plays lots of golf in the next couple of days or shoots hoops or whatever else he needs to do to maintain his mental edge. i felt the same way about president george w. bush, and i never begrudged him his time at the ranch. all told he was there during 490 days during his presidency. the health of the country is largely a function of the

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Transcripts For CSPAN2 Book TV 20130128

an event -- he was in many ways unprepared for. he wandered down to richmond, virginia's slave auction rooms, and there beheld an auction of humans for the first time, and he became captivated by this subject and painted a number of images and published a number of drawings in the illustrated london news in order to help raise awareness about american slavery. >> host: was he an abolitionist? >> guest: i suspect when he first came to america he was aware of the antislavery movement and would have described himself as being opposed to slavery. but after coming here and witnessing american slavery and witnessing the slave auctions, he then later described himself as an abolitionist. he was not a politically active abolitionist. it was not that he was member of any of these many organizations that existed in britain even after the end of british slavery, but he was writing and publishing images that in many ways were as important as the activism of those who were politically involved. >> host: why did he come to the states? >> guest: it's one of those fun little stories of the 19th 19th century. the british novelist, william thinker where, who was second only to charles dickens in popularity. wonderfully loved by americans, was on a six-month speaking tour, and eric crow's father was a good friend of zachary's, and so he invited his best friend roz younger son to come along and serve as his traveling secretary but eric crow was already a very highly trained artist, in his early 20s. so as he went around with satchry, traveling up and down the eastern seaboard, he made reservations and he traveled with satchry and made sure everything was taken care of. but he also sketched the whole way he was traveling. and he and zachary differed quite significantly on their impression of slavery in america. zachary decided he would not speak publicly on the topic because ten years earlier charles dick dick 's had come to america and famously pretty much excoriated americans about slavery, and in his book on notes on america, he had a whole chapter against slavery, and it hurt his sales in america after that. so satchry remains mum on the topic. >> host: for commercial reasons. >> guest: yes. but in his letters you also get a sense that he was pretty patrician and did not see that as all that bad. >> host: what is this painting on the front of your book? this painting is the culminating statement that eric crow made against american slavery. its title was slaves waiting for sale, richmond, virginia, and it was exhibited at the royal academy in 1861. and that alone is a remarkable thing. the world academy, the premiere institution for exhibiting works of art in the 19th century, english-speaking world, wasn't typically a political institution. most of the works of art that were accepted for exhibition were expected to not be too extreme in one way or another. don't go too far about a social statement. don't be too far in being artistically innovative. you had to find a middle line in order to be accepted. and there had been very few pictures exhibited at the royal academy that had -- that featured people of african descent. there will some of the preceding couple of decades but not many at all. this was not just a picture featuring somebody of african descent. it was a clearly political statement opposed to american slavery. and in one of those rather amazing coincidences of history, the exhibition opened may 7, 1861, and the first shots had just been fired or fort sumter a few weeks previously. when the exhibition opened in may, all of london was atwitter about the war in the u.s., and of course all of london was talking about what role should the united kingdom take in the american war. there were many in britain, very much in favor of supporting the confederate states of america because of the amount of money that britain made from american cotton. there were, of course, many opposed to that as intel we all know that ultimately britain remained neutrality but on that moment on may 7, 1861, no one really knew what would happen. >> host: were there slaves in great britain at that time. no slavery had been abolished in britain its colonies officially in 1838ment so it had been a long time since britain had been directly involved with slavery. but britain was really the place where antislavery movements gap and they remain quite involved after the end of british slave russian trying to end the rest of world slavery. and the u.s. slavery was not the end of slavery in the world either. it continued in brazil and cuba, until long after american slavery ended. >> host: professor mcinis, as an art historian, walk us through this painting on the front of the book. >> guest: what i try to do in the book is do exactly that. walk viewers through the painting, reconstruct the material world of the american slave trade that eric crow would have seen when he visited the richmond slave rooms in 1853. and i try to reconstruct what the experience would have been for african-americans caught up in the trade. in the decades between 1820 and 1860, it is estimated that more than 350,000 slaves were sold from the upper south, taken away from their families and those they loved, and sent hundreds if not thousands of miles away to the booming cotton south, alabama, mississippi, louisiana. this book tries to tell the story out that experience for those individuals. what i was able to do, and what is really kind of fun, i think, about the book is readers can go on a journey with eric crow, studying at the hotel where he stayed in richmond, where he woke up that morning, picked up richmond newspapers and was astonished to see advertised there in the upper corner, people for sale. it was something he had never experienced before. richmond was the first southern city he visited. >> host: is that what got him to go to the walk to selma. >> guest: he was prime for that. when he was in new york city he bought a copy of harriet beecher stowe's uncle tom's cabin that had just been released in 1852, and he read the novel and was harrowed by its contents. its horrified him, this story of american slavery, and he was particularly attracted to the slave trade. the commercial aspect of slavery. the selling of humans, one to another. and he was determined when he got a southern city to witness this aspect of slavery himself. so on the first morning he opens the newspaper at his hotel and seize several advertisements for the auction of slaves. and he asks somebody working at the hotel who was probably an enslaved man himself, where these sales were located. they were just a few blocks from his hotel, just a few blocks away from thomas jefferson's virginia state capitol building. this great symbolic image of representational democracy and three blocks away people were being sold, day in and day out, every day, six days a week, 52 weeks a year, thousands of people annually sold from richmond, most of whom were then sent to places south. so, the reader can go on that same journey with crow. i did research on deeds and commercial direct yoris and -- directors to understand which businesses he would have walked past and where the slave trade took place and where it was in recommendation to the city's other businesses, industries, retail establishments, churches, civic institutions and its state buildings. none of them are very far removed and yet the slave trade was tucked away in richmond. it was not a district you would good to unless you had reason to go there. >> host: why is that? >> guest: it was not a part of richmond's commerce. they weren't ashamed but also not particularly proud. virginia's slave economy was not a growing economy. it was a stagnating economy. virginia's agricultural economy was not a growing economy. but a stagnating one. and the reason why so many slaves were sold out of the upper south to the lower south is because in many ways there weren't new slaves needed in virginia and maryland and north carolina, where they were needed were in the new cotton lands of the southwest, and so an owner quite often might have what he considered excess capacity, and so he would sell off one or two slaves here. almost always breaking up families, because what sold and brought money in the market place were people aged 15 to 30 years. and so that usually meant breaking up families. husbands and wives, brothers and sisters, mothers and fathers and their children. and they would be sent to richmond, which was a bit of a gathering place, and most of the slaves purchased in richmond were purchased not by slave owners but by other slave traders. so then would take them hundreds of miles away, either marching them overland where the men would be chained together two-by-two, the women usually not chained and marching at the back of the group. and sometimes they would walk as far as from richmond to new orleans. and when the system grew more complete it was more common for slaves to be sent by railroad and then sole again in new orleans, to slave owners, usually, at that point, and then put to work in the cotton and sugar fields. >> host: what was the going price? >> guest: the going price varied and continued to increase, and one of the things that we know is there was a market that divided people into categories. and so a number of dealers had these things they called price sheets, and these price sheets listed categories, prime men, number one men, boys, 4'3" and above, boy, 4'0" and above. and similar categories for women. and the prices varied. most prime were male field hands, usually ages 15 to 30. older slaves or younger slaves going for less. but you could imagine a sort of going rate on average of a thousand dollars or less for most of the 1850s. >> host: eric crow, how did he -- did he stay in place for this? >> guest: there's this great story that goes along with this painting that we both know -- we know from two sources, crow's account of the event and also a young new yorker who happened to be in the same slave room. crow tells the story of walking into the first auction room and being stunned by what he saw. his senses were assailed. the smells, sights, up sos, the emotion of the slaves he witnessed. they were being sold away. and he just stood there in silence, stunned, and moved on to the second room. then the third auction room. and there he sees a group of slaves before the sale. seated on benches off the side of the room, awaiting their fates and not knowing what they're fates were, and as he writes he was moved by this group of individuals, so moved in fact that he snatched houston pen and paper and began making the sketch you see there. and as he was first making the scene, everybody was kind of interested in what he was doing, and they crowded around him. and at that time the sale was supposed to commence. auctioneer was on the block, trying to get attention nor the sale, and the audience is much more interested in what crow is doing. and so the sale does not proceed, and the auctioneer comes up to and asks crow, what are you about? and crow says, i am sketching. so the auctioneer tries again and is not able to attract the attention of the audience. another question, another somewhat snappy remark from crow and the auctioneer returns. and by the third team the auctioneer is so angry that crow realizes he better get out of there so he leads the auction room and hides in another room. hoping that they will forget bat him. when he leaves that room he sees the entire audience, the auctioneer and all the people in the slave auction room coming to get him, because he knew he was an abolitionity. a young new yorker publishes an account of this in a newark newspaper later, writing about the same tale of an artist. at first everybody very interested until they realize what he is sketching. and you would not sketch a slave auction unless you were opposed to slavery, unless you were an abolitionist, and he, too was surprised that crow was able to get away without harm. >> host: what other slave markets did eric crow visit. >> guest: the only other major southern city he went to were two. charleston and savannah. in charleston, the slave auction and the slave trade occupied a very different place. it was a much more public thing. south carolina was certainly one of the most pro slavery states in the union, and that was really gathered in charleston. many pro slavery authors coming from south carolina and charleston, and they were very public about their slave trade. it took place in one of the largest open squares in the city, right in the center of their commercial district. >> host: is it considered an activity for families to attend? cincinnati was a spectacle, daily spectacle. every day at 11:00 a.m., near what we today would call the colonial exchange building in charleston, right at the foot of broad street, what was then the post office, a major gathering place. every day at 11:00 a.m. all the auctions took place, and so slave traders would bring their slaves there for auction before taking them back to the buildings in which they were held, and they were held out in charleston until 1856 when a city ordinance moved them indoors, not because they were ashamed of the slade trading activity but because it was blocking traffic and interfering with commercial enter prize. >> host: did eric crow become a well-known painter in the states because of this original painting and then other paintings? >> guest: actually, not at all. eric crow's work was known in britain. his painting is exhibited in the royal academy. his published -- publications of images and drawings were published in the illustrated london news, which was widely read here by the sort of elite intellectuals but would not have been broadly known. this was a topic that could not have been exhibited in an american exhibition hall in the period of slavery. >> host: even in the north. >> guest: even in the north. you think of new york at the time of the outbreak of the civil war, there's still a very strong pro southern fragment in new york, because of the amount of money that new york is making from the u.s. cotton trade, and there are many southern sympathizers in the city of new york. maybe in boston where abolitionists have its heart, maybe you could have exhibited something similar to that there but it would have been a very difficult thing. and artists had to worry about their market, and american artists did not paint a subject as difficult as this. they rarely even touched upon the subject of slavery prior to the civil war, because they did not wish to offend what they would have described as their southern customer. >> host: did there become a genre of abolitionist art? there is an enormous amount of abolitionist imagery. and my book tries to trace a particular story of talking about how an abolitionist imagery, re get to the topic of the slave auction. because by the 1850s it was the new subject in antislavery imagery. the most famous antislavery -- the earliest image is one that shows the international slave trade. it was an image produced in britain in 1797, that shows the plans and sections of the slave ship where hundreds of african bodies next to each other that were trying to demonstrate the horrors of the international slave trade and that image is very much an eye cop yoke -- eye con graphic image today. and i tried to trade that image which talk about the trade, that dealt with people anonymously. there were hundreds of identical bodies lying next to each other in the ship. by the time we get to eric crow you have a focus on people who have emotions and who are part of families that are being broken apart. and there's a long evolution of imagery in between that is that movement from treating slaves as anonymous individuals to really thinking about the impact on people. what's really radical about crow's image and why it attracted the attention of critics, even though he was a young and unknown artist, was because it was a new image. it didn't show the theater of the auction that had become quite common by the 1850s. it wasn't the auctioneer on the suction block, with his hand raised above his head and a gavel in his handand the theater of going, going, gone, which became quite well-known and rehearsed. and because it was so well-known and rehearse in many ways locellate of its meaning. what crow does is shift that moment to the moment before the auction, to the moment when people are sitting there, pondering their fates, pondering what awaits them. and its that emotional impact he is able to put forth in that painting that brought it to the attention of critics. >> host: professor, when for the first time were eric crow's paintings displayed in the u.s.? >> guest: 20th century. this painting history is unknown, from its last known exhibition in 1861, until it was sold to an american collector in the 1950s. we don't know what happened it to in between. it was obviously in multiple people's collections, passing through hands, but not something that was terribly well known. definitely a picture of the moment. and that is true of a lot of slavery imagery. once slavery ended, there was a diminished interest in the subject. >> host: who is it sold to in the 50s and who owns it today. >> guest: it is owned by teresa hines, kerrer, her former husband, senator hines, was a major collector of american arts and the family has very important collection, including this picture. >> host: do you know who bought it in the 50s no the hines heinz family. >> host: what drew teach here. >> guest: i teach a range of classes in art history everything from a rare traditional survey from the renaissance the present to more specialized classic on american art and material culture. >> host: you're an art historian. we have been talking about slavery. what can we learn through the study of art. >> guest: what we can learn are multiple things and this book tries to tell those two stories. one of those stories is the role in which images are received, to understand both the background that informs those images and then to understand the impact those images had on others. throughout the antislavery movement, images play major role in shaping the way people understood antislavery sentiment. pamphlets can be published. books can be written. sometimes it's that singular image that makes an abstract concept a very personal one and a very individual one, and we find throughout the history of abolitionism that images move the conversation in important ways in the same way that works of fiction do as well. uncle tom's cabin had an enormous impact on the santa alivery movement in the way that decades of writing pamphlets about the horrors of american slavery had not yet reached the right audience, but with the combination of uncle tom's cabin, which is ilustrate, and it's that combination of telling stories stories and stilling stories through pictures that helped spread antislavery sentiments to a much wider audience. >> host: when did photography, become an issue, given the subject, slavery and abolitionist. >> guest: only begins to play a role in the u.s. civil war. as federal troops begin to occupy southern cities, it was not at all uncommon for them to photograph sites of slave auctions, although not as many as i wish they have because those are mostly lost from us, or photographing other things related to the history of slavery. but they more often were photographing things related specifically to the war. so that evidence is quite scant. >> host: if people are interested in seeing some of the abolitionist art, where would you recommend they go. >> guest: there's an enormous amount of it online. the vast majority of the antislavery imagery was produced for publications, produced for antislavery almanacs, antislavery pamphlets, for books published by former slaves written before the civil war. almost all of those works are illustrated works, and whether it's in google books or a variety of libraries that are digitizing their 19th century collections, a lot of that work is available online and if you just do a simple google search of abolitionist imagery, hundreds of images will come up. >> host: what about a museum if somebody wants to see the real piece? >> guest: this painting still in private hands and is not daily on public view. i am working on an exhibition to be held with the library of virginia in 2014, that is, at least the working title is "to be sold: virginia and the american slave trade." and we are certainly quite hopeful we'll have that painting by eric crow as well as the other surviving painting by eric crow on american slavery, both at the exhibition. and so that would be in richmond at the library of virginia in 2014. a long way awesome the other surviving eric crow paining owned by the chicago history museum that collected rather broadly in materials related to the civil war because of their interest in lincoln in part, and in part because in the period after the civil war, in chicago there was an exhibition, u.s. civil war museum that exhibited dozens, hundreds of artifacts collected throughout the mesh south at the end of the war to tell the story of the civil war, and obviously one of the most important chapters of that story is telling the story of u.s. slavery. >> host: two surviving eric crow painings? >> guest: of slavery there are dozens of eric crow paintings in britain. but other than this brief period from his trip in 1853 to 1861 when he painted this, his last picture, on u.s. slavery, in that span he painted a number of works, most of which are now lost. and after that he returned to his bread and butter, painting british literary historical scenes, scenes of dragonsons and shakespeare and speak like that. >> host: have you seen either of those two surviving painings. >> guest: yes, i've spent a lot of time with them. @as an art historian, i work on the work of art. it's a text that tells us much. it's in studying the details of the paints that you again to ask questions such as, the clothes they're wearing and wondering, is that what way that are wearing on that day and with more documentary research, being able to learn that in fact, yes, slaves were dressed for sale, dressed very well for sale, in order to wire away the harshness and brutality of their life histories and to make them seem more appealing to potential buyers. it's looking closely at the painting you notice things like the grebe ribbon that the young boy in the painting is grasping in his hand. there's no real explanation for the green ribbon in the painting. there's no woman in that image wearing green ribbon so i speculate it might bell the green ribbon he took from his mother or sister as a memory of that individual, because of course now being wrap up in the american slave trade he knows it's likely he will never see that p. again. so close examination of the picture, asking questions, and then seeing what you can do to answer those questions that pictures raise. >> host: what do you see in the actual painting that we don't see here in the reproduction on the cover of your book. >> the cover of the book leaves out a significant portion of the painting. so there are kind of two sides that extend beyond. the book is tall, the painting is wide so doesn't fit on the cover. on the right-hand side is a male slave, seated all alone, and what is so remarkable about the image of that male slave is he is not depicted as decades of men of african descent have been depicted. he is not happy, he is not sitting there with christian resignation, awaiting his fate as uncle tom did throughout the story of stowe's uncle tom's cabin. he is angry. his fists are clenched. his arms are wrapped. he is leaning forward. the look on his face is clearly sullen, angry, and the critics noticed that. there had never been before an angry man of african descent on the walls of the royal academy. and that was crow's political radicalness. that little bit of true abolitionism coming out because he was a slave who coot coo at any moment rebel, run away, and resist with force if necessary. so that very important detail unfortunately does not fit on the cover of the book. then on the left-hand side are white men, entering into the room of the slave auction, and they are potential buyers, and they are of different types. they probably represent a slave trader and maybe some slave owner purchasing for himself. and so they complete that story that eric crow was trying to tell, of the uncertain fate that awaits not only these individuals seated in this richmond sales room on this one day in richmond, but the thousands who passed through there annually and the hundreds of thousands who passed through the slave trade over the decades in the american south, and in its own way, by not answering that question, by not giving us resolution, we don't know what state these -- what fate these people with face. at that moment in 1861 when it was being exhibited in london, nobody knew the fate of that war, either, and nobody knew the fate of britain's involvement in that war. it was really a picture that perfectly captured this moment of uncertainty for everybody involved. >> host: who are some of the other abolitionist artists people should be aware of? is there are very few. most artists stayed away from such political topics. turner, famously exhibited a painting that we know in short as the slave ship in the royal academy in 1840. and it is the work that today i think most captures the anguish and pain of the international slave trade. it shows a very small ship on a storm-tossed sea, and the leg of one slave sticking up with a shackle still on it, and lots of fish swimming around. it was clear the slave had been thrown overboard and the slave is being consumed by the fish and or sharks in the sea. but it strikes a very modern tone because it is not didacted in its content. it allows the emotion of paint brush, brushwork, and color, to tell its story. instead of the more narrative approach that somebody like eric crow tookment one that was very much in accordance with 19th 19th century victorian story-telling. very different from the more modern since -- sensibility of turner. >> host: you have another picture of a couple of african-american male slaves escaping attacking dogs. >> guest: yes. that picture was painted by richmond endsdale. he was a very famous what they called in britain animal artist. he mostly painted animals. dogs, horses, steer, stags, et cetera. and this painting is really the only one he did that touched on the topic of slavery. what he shows are two slaves running away in a swamp. they're being chased by very large dogs. the swamp has made very swampy by the very obvious inclusion of a nick in the foregroup and it was exhibited at that same 1861 exhibition, and so you have this great moment where you can compare the response of critics to these two paintings, and they talk about oboth of them, given the timing of the opening of the u.s. civil war, and they very much preferred crow's paintings. they described deal's painting as a, quote, bit of studio romance. they knew that crow had been to america. crow was very well known in the british arts establishment. he published as a journalist, they knew from that it was a small world, they all knew each other. they knew he had been in america. so they saw in his work truth. and endsdale had never been to the u.s. or witnessed slavery. so they saw his work as more dramatic and, as they say, bit of studio romance. it's a beautiful picture two versions of it. one of them owned by the liverpool museum, and liverpool played such an important role in the international slave trade, that they have a museum about slavery in liverpool, and so that painting is there, and then a second version alsohand by endsdale was purchased by the new smithsonian museum of african-american museum hoist and culture, so i assume when the museum is open that painting will be on view in washington. >> host: it's a couple, not two african-american males. when did you get interested in this topic? >> guest: i've long written been the history of the american south in the 18th and 19th 19th century. i teach here at the university of virginia where that history is all around us, and i have long been teaching about subjects that relate to slavery. i've been teaching this painting by eric crow for years, and have always been intrigued by it, thinking that there is a story there, waiting for us to rediscover it. so it's a project i began working thon 2006 and the book recently came out. >> kenneth mac is the author of the new book, representing the race, the creation of the civil right lawyer. tell me about your book. >> guest: my book is a collective pieing agraph of six african-american civil rights lawyers who practiced law during the era of segregation and it's about their struggles with civil rights and racial identity. at it about the fact that to be an african-american civil rights lawyer in this era, argue in the book, is to be caught between the black and who it world. both blacks and whites want things of these lawyers and identify with these lawyers. so, to be this kind of a lawyer, thurgood marshall and people like him, was not just an african-american lawyer but member caught between the black and white world. >> host: how difficult for an african-american to become a lawyer at that time. >> guest: it's not difficult to become a lawyer. you have to good to law school like everybody everybody else, which does cost money, but it's difficult to be a lawyer because no african-american lawyer in this period is going to have white clients or very few of them will have white clients. most black people don't have money and if you have money and you're black, you hire a white lawyer, because white lawyers will be more effective in a segregated society. so very difficult to succeed as a black lawyer, even though it's not difficult to become a black lawyer. >> host: why these six men? >> guest: they are -- have something in common. they're all one generation. they all were the foot soldiers, as you will -- the legal arm of the civil rights movement. so just as the civil rights movement was getting going in the '50s and '60s, these lawyers were at the beginning of their career and became the legal arm of the civil rights movement. >> host: kenneth mack, thanks to much. >> guest: thank you. >> now stuart firesteen talks about his book, ignorance. how it drives science. >> host: how many brain cells do we have. >> guest: we used to think a hundred billion. that number hung around for ages, in all the text books but a couple of years ago a young neuroanatomist sent an e-mail around asking how many brain cells we had and where we got that number from. and everybody wrote back 100 bill and others wrote back i have no idea. so she developed a new method of counting brain cells. actually not a trivial problem to count brain cells, self tens of billions. so she developed a new method, very interesting, and she recounted them and found there were in fact only 80 billion. now, that's an order of magnitude, okay so not that big a difference. at the larger difference might have been we thought we had ten times as men so-called glialy cells, the nonbrain parts of the brain that put it together. and we thought we had ten times as many and we only have 80 billion of the gleal cells. so in one fell swoop we lost 120 million cells in the brain. >> host: what don't we know? >> guest: well, that's an awfully big question. as i point out, ignorance is a much bigger question. i think the question is not only what don't we know but what don't we know that we don't know? >> host: donald resumes field. >> guest: you got to that before i did. there it is. he was actually correct saying that, although he 'sounded bee if you hadled when he did because he was worried about a war that wasn't going so well. but that's a good question. there are limits to our ignorance? because that's more important than the limit to our knowledge. >> host: you say in your book that when you get together with other scientists you talk about things you don't know rather than what you do know. >> guest: sure. my favorite quo is from marie currie, who upon gaping her second graduate degree wrote a letter to her brother that said something the effect of one never notices what has didn't done, only cares about what remains to be done, and that gets us into the lab in the morning and keeps us there late at night and moves us alone. we don't care about what everybody knows. now let's get to what we don't know. what do we need to know. what would be the next best thing to know, so forth. >> host: page 28 of ignorance. george bernard shaw in a toast at a dinner setting, albert einstein proclaimed science is always wrong. it never solves a problem without creating ten more. >> guest: i think i say, isn't that glorious? >> host: you do. >> guest: i think that's exactly the right description of science. i should say i believe george marshal -- just to name drop a little bit, who years before that had come up with this idea of question propagation, the principle of question propagation, that every answer begets more questions. >> host: do scientists wrest on their laurels after a while. >> guest: i guess everybody does after some point. i think resting on laurels is a dangerous thing for science to do because those laurels tent not to be all that foundational, all that strong a foundation. i think one of the thing that probably the public recognizes least about science is that we tend to have less regard for fact than i think is generally thought to be the case. scientists, although we work for facts, we work to get data, we also realize they're the most mallable, least rely part office the whole operation. that whatever you fine today will superly be superseded in some way or another, revised, overturned completely in the worst days but certainly revised by the next generation of scientists with the next generation of tools. it's always been in the past 400 years or 14 generations. and i think we welcome it. science is revision. we welcome revision. revision and signs is a victory. >> host: you right in here that science and nature magazines are very important for scientists to get published in, but if you are going to recommend to your students to read those, you'd recommend not reading last issue but ten years ago. >> guest: yes. i think they should read this issue, too, to stay current. but quite often the graduates come rushing into the lab with this week's nature which has some great set of experiments suggesting that, i can see what the next experiment is. let's get to work on this and get our nature paper. and i know that peep who wrote that paper have luhr done the next ten experiments or thought of them, and that the real place to go often for ignorance, for good ignorance, high quality ignorance, were the papers published ten or 15 years ago in nature. the leading papers of the derrick but which couldn't have asked certain questions because we didn't know them to ask yet. they didn't have the technology or the tools developed in the last few years so they're ripe be revisited. >> host: has technology helped in discovering science? >> guest: sure. technology is a critical part of the whole arrangement. this is often science drives -- science questions drive technology, and technology then goes ahead and drives science. so, instrumentation has always been a critical part of science, since galileo and the telescope began it 400 some odd years ago. >> host: besides the number of brain cells, professor, what's another fact that we knew that has changed. >> guest: a bunch of those mitchell favorite one, because my laboratory happens to research taste and smell, the senses of taste and smell so we work on what are called the chemical senses one of the best known facts -- the so-called taste map which you'll find in every high school and college and medical school textbook and most people believe that there's a map of sensitivity on your tongue, and that you taste sweet things with the tip of your tongue and sweet and sour things on the side and bitter in the back, and this is completely untrue. it's a mistranslation of an anecdotal report by a german physiology professor in the 1900s which was picked up by a well-known college professor in the 1940s, whose name is boring. you can imagine it is a joke for many generations. but he put this in his book as if it were a complete fact apparently it was mistransmission just stood the test of time somehow or other even though it's totally wrong. >> host: what has stood the test of time. >> guest: some three, four, five hundred years ago. >> guest: so maybe thing does but maybe not in their original form. certainly newton has stood the test of time. newton continues to work, we can launch space shuttles and build bridges and this sort of thing uses newton's laws of gravity and force but they've been revise significantly, most notably by einstein and mean scientists since einstein. the way we see it is that the regime in which newton's proposals were made and were true, they're still true within that regime. what has changes in a way is the regime, we expanded the regime, so now newton's formulations work as long as you don't travel near the speed of light, but when you begin to travel near the speed of light you have to invoke einstein's theory of relativity. and we do that. our gps devices which send signals to satellites and back at the speed oflight need to be adjusted by einstein's law of relativity to work properly. >> host: albin einstein has stood up. >> guest: albert einstein has certainly stood up so far. although einstein wasn't so sure it would stand up. he had a couple of fudges here and there, which he claimed were one of the biggest mistakes, but enough at it come back, the cosmological has come back and now seems to be important. so far einstein seems to have stood the test of tine but only been a century. >> host: what is your class called? >> guest: my class is call ignorance as well, and a great treasure to be able to teach at a place like columbia university where they let you have a which is on ignorance and have students enroll. the class started five or six years ago, in 2006, and it was based on my feeling that i was doing students a disservice. i was being a diligent teacher, giving them 25 lectures year in neuroscience, molecular neuroscience, using this textbook -- one of the leading textbooks in the field, but i'm fond of pointing out this textbook weighs seven and a half pounds which is twice the weight of the human brain. so i think the students get idea by the end hoff the course that everything was known about neuroscience, and that's certainly not true. and that the way we kept track of what we know, build up facts and stick them in these books and that's not true. we don't really know mat much about the brain yet at all weapon don't even know what we don't know about the brain in some ways. we're still finding marvelous things out about it. so i thought, i ought to teach these students the ignorance in neuroscience, so i devoted a couple of lick tours to that at the end of- -- -- lectures to that at the end of the course and decided to see if it worked with other scientist as well. and the course meets once a week, seminar course for hours and i invite members of the columbia faculty or other scientists who are visiting in new york to come in and talk to the students for two hours about what they don't know in a very specific way. not the big questions, not how did the universe begin of the nature of consciousness, nature and discovery channel do marvelous job on that. these are what i call case histories in ignorance house an individual scientist grapples with this or that, what happens if you know this rather than that, or don't know this rather than that. things of that nature. >> host: who is the scientist you use in the course? >> guest: the book i include four case histories of scientists. in fact, a couple of them are two or theme. one is guy unanimous reese who studies cognitive processes in animal skis start the chapter off by saying is there anything harder knowing whether red is the same to you it's is to me? and i said yes there's one thing harder which is knowing what is in an animal's mind. so the has done some marvelous work with mire roars and dolphins. i should be honest about it and tell you that she is my wife as well. but she wasn't just a visitor in the class but her work was so marvelous, it's worth highlighting. i highlight three physicists. a highlight a couple of neuroscientists who work in various areas of neuroscience, where there are new question as i bounding we hadn't thought of 0 few years ago, and then i use myself as a case history. that happened because at one class we had a speaker who got terribly ill at the last minute and couldn't make and it i didn't know what to do. and my wife said why don't you be the speaker and i'll interview you. i'll run the class and you be the speaker. so i did and it worked out pretty well, and i have the transport, so i -- transcript about it and i thought i'd use myself as a case history. >> host: how important this money to this research? >> guest: well, how important is money to almost anything? it's extremely important and something we have to think about carefully as a culture, how much money we want to put into research, where we want to put it, basic research verse applied research and how to make the balance work out. i think the cornucopia of good we have gotten out of research in the 14 generation we have been doing it is a testment to the reason we ooh continue to support it even when we don't know what we're going to get out of it. my favorite parable from benjamin franklin, who witnessed the first human flight, which happened to be in hot air balloons, not fixed wing aircraft it was in paris, a series of balloon flights and human beings lifted off the face of the earth for the figure tile and a spectator says this is fun but what use could this bee and franklin's retort was, what use is a newborn baby? that's a little tough. that's franklin. but he is right, of course. what use is a newborn baby? we don't know but many of them turn out to be quite useful so we invest in. the, as we should do in science. >> stuart finestein, this is his book, ignorance, how it drives science. there is a web site associated with this book, ignorance ignorance.biology.columbia.edu. >> the author of five previous books, her new book is guest of honor, booker t. washington, theodore roosevelt and the white house din that's right shook a nation. why did this dinner drive the nation nuts? sunrise dinner is a remarkable moment in history that has been completely forgotten and it's because we just don't know about scandals like this. our meter has changed. when booker t. washington walked up the five steps of the white house he the very first african-american to be invited to sit at the president's table. it had never happened before. african-americans had been invited to meet with presidents in their offices. they had business meetings all the time. but no one ever sat at the president's table, and the nation was outraged. it was really astonishing. >> host: why was he invited? >> guest: well, booker t. washington had a very, very successful working relationship with theodore roosevelt, and they were working together to try to fix the race problem, which was just as much with us, obviously -- obviously in 190 as it is today and they were partnering to try to bring like minded people in into government. and one day roosevelt said to himself, why can't i invite booker t. to join me for dinner and mix business with pleasure? it was an innocent invitation, and it unleashed just an incredible outpouring of indignation from all over the world, because it had never happened before. >> host: was the president's schedule always public or how did people find out? >> guest: the president's schedule was always public and was covered by some lowly journalist who probably hated this job. it was his job to report that roosevelt had lunch with so and so or a meeting with so and so, and the dinner took place in the evening, and at about midnight, the journalist looked at the president's schedule and probably rubbed his eyes because he saw that booker t. washington had dined with the president. the news went out on the wire, and it was like a thunder clap. it was picked up by every newspaper, five inch headlines, most of them saying things that we literally cannot repeat today. about why this dinner was such an outrage. >> host: what was the reaction of mr. washington and of the president? >> guest: their reactions at first were bemused. they thought, oh, this is just something that will flair up and will go away. very quickly they realized that was not happening. it seemed that every single person in america had to have an opinion about whether or not the dinner was the right thing to do, and there was some very funny responses. mark twain, for example, who you might thing would have been in favor of the meal, said, absolutely not. the president is just a high-classed tenant at the white house and he has no right to express his personal feelings by inviting a black man to dine there. the reactions fell into kind of predictable sections. the north was supportive. the south was not. but even the french had an opinion about it, and their opinion was actually, we don't -- we're not amazed that it's the first time. we're amazed it never happened before. so, you can really find a reaction in every newspaper in america, and other parts of the world. >> host: what was in the gist of the dinner conversation? >> guest: the dinner was very innocent. they talked about -- roosevelt has just taken a hunting trip. they talked about their kids. two of the roosevelt children were at the table. it was just a wednesday night at home with the roosevelts, nothing special. and after dinner the gentlemen retired to talk about race, but the dinner itself was just a family evening that was taking place at tables all over america, the same kind of thing. but at this table there was a hot seat. >> host: final question. what was on the menu? >> guest: the menu has not been recorded but roosevelt loved hot food and plenty of it. so, probably biscuits, comfort food as we know it today. >> host: debra davis, the author of guest of honor, booker t. washington, theodore roosevelt and the din that's right shocked the nation. thank you. >> thank you. >> the first ladies i am drawn for the ones on the ground floor that sort of more modern day first ladies that i can identify with more. people like eleanor roosevelt, jackie kennedy, those are the women whose stories feel close enough to connect with. many of the women in the higher floors on the state floor, they seem like characters from a wonderful story, because it was such a long time ago. it's history and you read a

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Transcripts For CSPAN2 Book TV 20130824

>> now from the recent chicago tribune lit fest, boston globe reporters discuss their book "whitey bulger: america's most wanted gangster and the man hunt that brought him to justice." , the trialgan -- began june 12, 2013. [applause] >> thank you for coming out on such a beautiful day. we don't get a lot of those here. i'm with the chicago tribune, write a business column with kevin and shelly murphy of the boston globe who are here not to do scouting on the chicago black hawks. [laughter] but to talk about their new book on whitey bulger, the boston mobster caught on the lamb after, what, 16 years, and first of all, let's get -- you guys have been boston journalists for quite a long time at this point. >> somebody said between us it's, like, what, 16 years? yeah, we've been chasing him combined total for 25 -- i mean, 25 each, so 50 between us. >> wow. i was reminded in the beginning, when i was a kid, my father was taking a friend of mine to go see butch cassidy and the sun dance kid. he said, you know, remember, whatever the movie makes of them, they are the bad guys, and the other thing that it reminded me of was the old line from mel brooke in the 2,000-year-old man asked about robin hood, and he said, you know, asked, you know, he says, what about robin hood, stole from the rich, gave to the poor. that's nonsense. he stole from everybody and kept everything. he said, well, how? he goes, well, he had a guy named marty the press agent. he went out and told everybody, gave to the poor, who knew. you didn't know what happened. i was thinking the story, and every mobster. they have myths. tell us about the myth of whitey bulger and where it comes apart when flushed against reality. >> we sat down to do the book, and we try to look for several narrative arcs, and one of them was the myth making of whitey bulger, so whitey bulger from a very early age, when he was a young teenage criminal, he lived in the housing projects, the first one built in new england, and he had a car when no one else had a car, and when he was not driving around with his girlfriend, he would be out scouting, and he was not scouting for criminal opportunities. he was looking for old ladies. when he saw an old lady with the groceries, pulled over, jumped out, swing open the door, take the groceries off, put them in the backseat, drive to the old lady's home. it was a conscious decision. you know, when everybody -- they call it stoop talking in the projects. people would stand on the stoop and trade story, and they said, jimmy, he's a hoodlum, all the all ladies said, he's a lovely young man. i got a ride home from the market the other day. he was conscious of doing that, and he did it through, and he was the one that the difference about bulger is -- it was not just his narrative that he was pushing out there. he had a very influ enrm family, and his younger brother, bill, his advocate, and bill bulger was out there propagating too. he said on several occasions, my brother would never touch drugs, and he's very much an inform manet. he told you that, you know, he, like, as a criminal, that he had all the scruples, would never touch drugs. in fact, he's in the -- the reality is he made millions and millions of dollars by shaking down drugs. i lived there in the 8 os and 90s, and there was more drugs per capita in south boston than any neighborhood in the city. that was hn iowa hands. >> his younger brother, and billy would be president of the massachusetts senate, president of the university of massachusetts, even when he was in the state house, he was succeeded by the future mayor of boston, so, i mean, we're not talking just a quiet power broker. this was a guy out there, up there, and important. they both came out of the family, the father had been injured in boston arm, and more importantly, where that -- where the projects were, south boston. tell us a little bit. >> well, south boston, you know, is a neighborhood where there was a real irish ethos. many groups lived there, the neighborhood really identified itself as irish. even in the public schools, the kids were forced to sing irish songs so, i mean, it's a neighborhood where loyalty met everything, loyalty to family, loyalty to neighborhood. there was a lot of pride in the neighborhood, and, you know, it's interesting. billy bulger, you know, as you said, would be, you know, was probably the most powerful politician in the state for many years, and he describes growing up in south boston in very idealistic term, and nobody had much, poor, kids hung outside together playing games, kick the can k football, whatever, and there was a lot of, you know, it was not unusual for one family to have someone to be a priest or a politician or a police officer and another as a gangster. it was not unusual in that city at that time. one of whitey's closest associates also grew up in the projects, and two of his brothers went to harvard university, and yet kevin could have gone there. he was brilliant. his father was prouder of kevin for working his way into the position of whitey's top enforcer than he was of the two that went to harvard. there was a culture about the place. loyalty did mean everything, and that takes us to how the story starts, whitey cultivated as an fbi informant. he grew up to the bulger family who recruits whitey to be the fbi informant. >> the age of john conley. what was interesting, and, you know, there's so many interesting aspects about the story whether it's, you know, even the stuff where he's part of the cia project, while in prison, you know, who knows what the lasting effects of giving him lsd was. >> you'll hear that in the trial, believe me. >> yeah, but, you know, the really striking thing is this intertwined corruption of the mob and fbi if you can separate them in this case. they fought. did they think they made an informant from him or just a bad idea corrupt at the core? >> what's chilling, and i talked about this while mapping the book, could it have happened in any other city? my belief is no. there's no other city whether it's talking about new york, chicago, philadelphia, cleveland, l.a., atlanta, no city where you have the two strands of organized crime, one irish, one italian, and in all the other cities, the mafia is by far bigger, more powerful, and lucrative. in boston, it was not that way. what we tried to show is this all went square or pear shaped in the 60s. when bobby kennedy went to hoover said, you have to get serious. now, at this point, hoover didn't accept there was the mafia. he was ordered by the attorney regime, you have to develop a strategy. they went after the mafia. it really didn't pick up until the 70ings. that's a national policy. the problem with national policies is they don't have regional differences, and in boston, the model did not fit. you had agents told, do who yo have to do to make the policy work. in the 1960s, what they did is they played god. they decided who to be killed. there was an irish gang lord in the 60s, and more than 60 men were killed, and whitey was lucky because he was locked up at the time. statisticically, that was a high chance he would have been a perpetrator or victim of the violence. instead, he comes out to a decimated landscape, it's wide open for anyone with opportunity and smart and viciousness, and he had all those things, and he goes there, and they are cynical. he is saying, and the other thing about the fbi, you get promotions. you get salaries based on ability not to make cases, but turn informants. you want as many in your file. it's a notch in the belt. you want a top echelon informant. when he recruits him, he says he's the leading member, the head of the mob in south boston. that looks good for the fbi, but the idea he would give him anything was a joke. they wouldn't have told whitey if the pants were on fire. the criminal associates did know a lot about the mafia was recruited by the mafia several times turning them down saying, no, i want to be on my open. he does it for two reasons. first of all, looks good, but there's a motive, going back to the hood, back to to protect the bulger family, to save them from whitey dragged off to prison. >> right, backtrack a little bit. the reason we talk about this is, well, is that whitey figures out, and it's, you sort of wonder how could nip not figure this out? i can use this. it will work great for me. not only does he look out for me ensure i'm okay because i'll keep talking to him, but i cover the tracks on anything. i can send them off op people i just want out of the way. >> oh, that's absolutely right. i mean, right around the time whitey becomes an informant, he actually, you know, charged with 19 murders, going to trial next week, charged with killing 19 people, but one of the people is a guy who had been part of the rival gang and there was mediation to work, but he had it that he wanted to wipe out the guys, never liked, you know, the rival gang so after being an informanet, he's charged with taking this guy namedded tommy king, killing him, and it's an interesting story, riding in the car, saying they will kill someone else, and there's a bullet proof vest on, gets in the car, and they hand out guns to everybody in the car, and tommy gets a blank in his gun, and they kill him, and they bury him in a secret grave, and right around that same time, they decided to kill his friend, a guy named buddylandon, and they hill kim. they say to him, hey, john, tommy king just killed buddy, and he's gone into hiding. well, meanwhile, he's in a secret grave, you know, dead. john writes it in the fbi files, you know, that whitey told him that, you know, he was -- tommy killed buddy. now he waits -- this is decimated to boston police. they are looking for tommy king, and now he goes back a couple weeks later because he's like, oh, you know, they will wonder where tommy went. he updates the fbi saying, well, you know, they told tommy to get out of town because, you know, you're going to get kill. >> you don't want the copping fumbling over they shouldn't. >> right. he goes back later and says tommy king's dead. they killed him. they got him. you'll never find him. [laughter] this is how he manipulated the fbi. over the course of the years it's more worse and sinister more than that. the allegations are that when people went to the fbi, they leaked it to whitey, and he killed them. >> they didn't see the pattern. >> or care it. a number of victims are fbi informants, and as he's more and more emboldened to get away with anything, now, you know, later on, we see, you know, businessmen, legitimate businessmen who shake them down, and they are not killing them, but thumbing them to meetings saying, hey, i'm going to give you a chance to buy your life. you pay me, you know, $4 # #00,000, and you can live. by the way, don't go to the fbi because if you do, i know in five minutes. >> and he did. >> yeah. >> one of the many things we want to do is show that the justice department narrative, the creation of a rogue agent too close to the home boy is bologna. >> thank you for saying that. >> i he doesn't usually say tha. >> i know. >> i would have hit him. >> the justice department was determined not to make this a big scandal and they didn't indict other agents. by my count, there's a half dozen agents that could have. indicted including ones who called me in 1998 saying if i put it in the paper that whitey was an informant, i would be murdered. i was subpoenaed to testify in the hearings that the judge convenedded in 1997, and in 1998, i testified to that, about him calling me at the globe saying if you do this, you will be killed. the government rebutted the testimony. he claimedded a gangster called. he didn't know me from a hole in the wall. they don't say, i'm worried about kevin. [laughter] put it this way, it doesn't matter what happened. there's a series of hearings. i testified for three and a half hours, and i tell the story, i have a note that ordered to write after the phone call by the editor of the spotlight team, and the judge asked, the government, do you put him on the stand to rebut the testimony? they would not put him up there because he would have purged himself or he would have taken the fifth, and they would have had to do something. they would have had to do something to tom, and instead, they just let him, no, we're not putting him up. the judge says, i accept the testimony, especially given you will not rebut it, and agent daily retires with a nice, full, fat pension. >> well, i feel good every time i fill out a tax form now. >> that's the thing about this. it's what they say about the justice department and the fbi. >> i agree. >> it's corruption at the worst. >> do you think it's flushed out now? >> no. >> no, i think what will be interesting, you know, whitey's on the run for 16 years, finally caught living in a represent controlled apartment in california, two blocks from the beach where he had been living for 15 years, and that's a crazy story how he's caught, and it's a former neighbor who lives in, you know, a former miss iceland, who lives in santa monica like several months out of the year, and she's back home, and she's watching a cnn report on the latest campaign to find whitey, and she recognizes the wanted posters on the, you know, of him and his girlfriend, and she knows them because his girlfriend, by all accounts, lovely, lovely woman, complete, you know, insists whitey never did these horrible things, loved animals, and she was feeding stray cats in the neighborhood, and this thought, oh, how wonderful, what a nice lady, so kind to that cat, and she thought her husband, charlie, that's what he called himself, was cranky, but she recognized them, called the fbi, and that's how they caught him, and, in fact, we have received, you know, for the book, a friend of whitey's who wrote to him since the capture, she had letters with us, and i might add you get a great insight, and we say whitey may have a lot of problems, but self-esteem is not one of them. 234 one of the letters, you know, he says, oh, a cat got me captured. [laughter] >> we screwed up in the subtitle. see that? it should say whitey bulger, how a cat caught america's most wanted gangster. >> he would have loved that. he is a fan of reading about himself. >> absolutely is. >> he likes to read in regime. >> not fond of the boston globe because in 1975, he shot up the office. he opposed the way the globe supported to desegregate public schools. >> in good company because he took, you know, part of the social outreach campaign, went after john f. kennedy -- >> fired on that birthplace because he was angry at the kennedys in regime because the biggest boogyman was a judge, a federal judge, and jack kennedy made him the u.s. attorney when he was elected, and bobby kennedy promoted him through the justice department, and then teddy kennedy was not just the prime mover to push him for federal judgeship, but they issueded the ruling, very controversial, the city, we've seen they were hosting a social expeemplet on the poorest people, and it wouldn't affect the rich white suburbs, far more segregated than the cities. they hated the kennel dis, and really hated teddy. he fired on the birthplace, spray painted on the house, "bust teddy." >> what a swell guy. meanwhile, his brother is fighting against the forced busing, and i think, you know, how much interaction was there? feeling cheap? >> you know, what i thought was fascinating, in researching the book, you know, i traveled out to california because whitey spent nine years in federal prison as a young man in the 50s, and he was sent to alcatraz, the first maximum security federal prison in the country, and he looked at alcatraz fondly like many of us look at where we went to high school or college. he was proud of that. [laughter] that gave him a lot of stature in the boston underworld because people were, like, hey, he went to alcatraz, you know. we have a chapter in the book called university of alcatraz. >> anybody can step through harvard when you're in boston, but when you can go to alcatraz, that's -- >> exactly right. he actually, you know, was a high school dropout who earned the ged in the air force, but where he educated himself was in alcatraz where he boasted that he read a book a day, well read, read military history, read, and kevin jokes that -- >> most wise guy thinks -- they hear, you know, i think he's in the cleveland crew. whitey knew who he was. >> he knew. >> tookless sops well. >> you asked about the family dynamic. whitey, in prison, his brother, billy, at the time, is at boston college law school, and he's really, you know, he's five years younger than whitey, determinedded to try to help him go straight, and he's lobbying, you know, while at law school to get whitey moved closer, a prison closer to home, get him early parole, and enlists the dean of the boston college law school, to become the prison pen pal, writing to whitey. he's getting letters from priests and looks like he's trying to turn his life around, and so, you know, the priest is writing, trying to help him, even with the prison system to do well. he also gets, at the time, the speaker of the u.s. house, john mccormick to lobby, from south boston, to lobby the prison to try to get whitey sort of special treatment, you know, gee, watch this guy, comes from a wonderful family, which he did, can you get him moved closer to home? whitey is caught up in a prison escape attempt, ends up at alcatraz, and the house speaker, he gets the head, the directer of the bureau of prisons in washington to fly to san fransisco, take him out of alcatraz, pay a visit to whitey bulger, and how are they treating you? how you doing, jimmy? how many -- bank robbers got visits from the bureau head of the prison. from an early age, he sees how political connections pay off. >> when he got out, he became his brother's -- his brother was his protecter in the can, and when he was out, he got very involved. anybody perceivedded as a political foe of the brother's, including the newspaper we worked for, was an enemy, and whitey went after them. there was a guy named allen who was a state senator who got up and had this courage to suggest that billy controlled all the legitimate interests in south boston, and his brother, the gangster, controlled the illegitimate interests. he was in the midst of the mental breakdown when he said it, but no truer words have been spoken on the floor. kevin, who cooperated for the book, he called him, and anonymously, saying, i'm going to kill you. i'm going to kill you. that's the stuff whitey did to anybody he perceived as a threat to his brother. >> we're not amateurs when it comes to families and politics and corruption in chicago. >> oh, really? >> cook county? [laughter] >> i do have the sense that if you were the brother of a well-known mobster, you could have a few, you know, stumbles along the way, might be a problem, and how did his rise continue while this was also going on. that's one of the things that i think would poz 8 -- >> well, -- >> far from the story. >> the fbi protects him. we know that. >> yes, i know. >> billy bulger silenced a lot of things. he had a huge patronage machine. i had cousins that got jobs that would have to have been approved by the bulger office. that's gist the way it went. a lot of people cowarded by that. just an enormous intimidation factor. i know that you were not to sit in a barroom talking about bulger. that was just not done. it was a real sense that if you stepped over a line in south boston -- funny thing is what we know now. the bulger organization was purposely very small, the criminal organization. i think the perception, at least, when i lived there, was that it was huge, and big brother was everywhere, and everyone was intimidated, but the other thing, like i said, there were legitimate police officers trying to take out. i mean, very few heros in the book, but some of them are named bobby long, and cops, and there were three boston cops, and they were trying to good agents, and they were screwed at every turn. their investigations were compromised, and in one case, it was a corrupt state police officer who actually thwarted an investigation or underminded it, but they assumed it was the fbi. that's the other thing. in the mid-80s, i said whitey is an fbi rat. that's the only explanation for him being on the street. that was not me thinking it up. i heard it from the people i mentioned, but they were so frustrated at this point, that they could not take him down legitimately, and in one case, there was, after -- when bobby long and the state cops went after him, somebody vet secretly incerted a rider into the state police budget killing the salaries for all the state police commanders. no one figured out what happened, but it happened in the state senate. huh, i wonder who could have dope that. [laughter] >> oh, dear. the stories, not all conventional ways of a mob story, one is that the -- the way he -- well, there's a lot of families, didn't he? >> that, to me, is the interesting parts of the story too is that, you know, here's a guy who had so many -- very complex, and i mean, he had -- he's an fbi informanet, he denies that and prefers the word "liaison." >> tour guide. >> an fbi informant, and at the same time, head of the underworld, and he's also juggling a lot of women, and one of the most interesting parts of the story is that he had these -- two of these women were his longer relationships, and he had a young woman named teresa stanley, a single mother of four all under seven years old. he never marries, but he basically treats her children as his own. he buys her house. he moves her out of the projects. he encysts on sit-down family dinners every night around six o'clock. no interruptions. no tv. no phone calls. he lectures the kids on the importance of staying away from bad influences. he -- if there were kids -- >> only the the table, but stay away. >> you know, be physically fit, study hard, and, of course, then he went off into the night and allegedly, you know, shake down drug dealers and bookmakers, and businessmen. >> guy's got to earn. >> the occasional murder. >> it was like a scene from father knows best how he treated the kids, and then he went off at one or two in the morning when the bars closed down, headed to the other girlfriend's house. now, she was ten years younger than teresa so of the 30 # years with her, she's juggling another relationship for 19 of the years with another woman, kathy greg, the one on the run with him all the years. interesting story. she was voted the prettiest girl in her high school class but that was never good enough. she had cosmetic surgery done. she graduated from north eastern university with a bachelor's degree to pursue a career in the health field. ended up teaching at a dental school in boston, but then gave it up, quit, to basically take care of him, and, but it was very frustrated at being the other woman all the time, so -- >> she knew she was the other woman. >> she knew, but teresa knew nothing of her, but kathy knew about teresa. the clock is ticking, whitey's under investigation, likely to be indicted in the fall of 1994, kathy decides, all right, i need to force him to make a decision. he has to choose between the two of us. she calls kathy up one night and says, we need to talk. something bad is going on. teresa, a passive person, okay, goes to her house, and says for the last 19 years you've been with him, he's been with me for 19 of the last 30 # years, and so very dramatic scene. whitey walks in upon it, and kathy's yelling -- >> what could go wrong? >> according to both teresa who i interviewed and a friend there, kathy's screaming, "i'm tired of being the other woman," and whitey is strangling her on the ground, and the friend pulls him off. he says, it's over. you're the one, i choose you. lucky teresa, such a catch; right? he takes her on this whirlwind trip to europe, but she thinks it's a vacation, but whitey's stopping in, you know, london and dublin and paris hitting up state deposit boxes where he stashed money and fake ids planning for a life on the run. when they come back to boston within a matter of weeks, he gets the head's up from john to take off, you're going to be arrested. off he goes with teresa, but after a month on the run, she says yowrgs -- you know, after he cared for my kids, walked my daughter down the aisle, she said, you know, i would have felt obligated to stay with him, but knowing he betrayed me all the years, no. i owe him nothing. take me home. he drops her off south of boston, picks up kathy, and off they go, an amazing story of how they lived on the run because she's just so grateful to finally be the only woman, and he described her as like his wife, they are like a married couple, and -- >> brings tears to your eyes. >> the follow-upny thing, in the letters -- funny thing in the letters, she's serving eight years in prison because she refused to cooperate against him, unrepenting, but she's writing letters saying the 16 years were the happiest years of his life, like a 16-year honeymoon, and he says how dare the government sentence her to eight years in prison. they should have given her a metal because she did what no law enforcement person could do, and that's keep me crime free for 16 years. [laughter] >> he doesn't count the 30 guns in the wall of the apartment. >> he had guns in the wall, yes. >> not that we need background checks. >> it's a long story. >> it's a love story. he's working so hard to keep her. saying, you know, do what you must with me, but how can you do that to her? >> that's full circle. >> yeah. >> the mess making, we got the letter when she said he offered himself up for execution. if only they let the woman i go for free. that sounds nice. >> doesn't, doesn't it? >> it is bologna because if whitey really cared about kathy, all he had to do was go to her lawyer, have his lawyer talk to her, i'm going to die in prison. tell the feds whatever you want, and the feds would have, no doubt in my mind, they would have severely reduced the sentence and maybe not sentence her to anymore time in prison if she cooperated, but, no, she was the salty girl, stand by my man, the salty accent. you know, that's, like i said, it's -- you talk about whitey, the myth making, the good-bad guy giving rides home to nice old ladies, carries groceries for them, it's full circle to whitey, the 83-year-old gangster doing 155 pushups on the cell floor every day saying he'd die for the woman he loved. it's all myth. it's meant for you to believe he's a good-bad guy. >> there are two other points to, you know, the reputation that is everything to him, and what we know from the letters written, you know, he's sort of resigned himself to the fact that the chances he gets acquitted, trial starts next week with openings, probably, runs through the end of september saying i'll spent the rest of my life behind bars. >> at 82 -- >> 83. >> so he really thinks he will? >> he does. there's two things he wanted to achieve at this trial, and that is, i was never an fbi informant, and i did not kill those two women. two of the 19 victims are young 26-year-old women that he's accused of strangling, and face it, good-bad guys, gangsters with screw up les, they don't rat on their friends or strangle women. >> the gamesmanship is continuing to the day, and you just got word, what, yesterday? >> that you're going to be allowed to cover the trial because you trieded to stop that? >> he put us on the witness list. >> because we would be such good witnesses. >> i would be a terrific defense witness for whitey. [laughter] i actually fired back before the judge sided with us after her lawyer's made a first amendment argument basically saying our first amendment right trump his sixth amendment rights, and i actually wrote a column, which i'm sure he's not fond of because he fired a motion back saying i talk about the myth making and whitey wants you to believe, and whitey has what psychologists call fits of grandiosity, and he likes to talk about himself in literary terms. he talked about what he has to prove in court is that and feels like philip nolan, the protagonist in the great short story, "man without a country," about a noble character who feels like he's persecuted by his own government. that's how whitey sees himself, but i ended the column saying he's chip nolan, he was in the story called "the informer," and he sold out his friends for money. >> well, i have to tell you, the departed was an interesting movie. >> great. >> this would be a great story. >> he didn't like the way jack portrayed him because he was wild, undisciplinedded, overweight. >> exactly. >> whitey's like much more disciplined and the associates said he would never come, like, disorganized with blood on his hands. >> whitey's not happy? >> he wants his story his way, not people like us to defining him, and that was, you know, in terms of putting that on the witness list, that would have been the point not to cover the trial, and he says, how dare those two write my story. he called me something that i can't repeat on tv. >> really. >> and he called kevin another low life. >> just proves it's one thing right. >> well, you know, whitey's not happy. i say, well, that's okay. i can live with that. >> doing something right. >> yeah. >> the book is whitey bulger, america's most wanted gaping steer and man hunt that brought him to justice. i think we have a few minutes if there's questions. we have someone coming up to the microphone. we have to use the microphone otherwise people can't hear. >> were the brothers fans of louisa hicks, and because he was a reader, did he read the book about his -- the cover of boston in the hay day, commonground, did he express an opinion on that? >> he did -- i believe he did, and, yes, they were big fans of louisa hicks, and there was a book, on the run, the fbi seized his belongings, and there was a book called "salty won't go," i don't know that common ground was among the books, but he was well read and read all of those, and he wrote about how much he hated -- >> what was in the book? >> in the book, salty won't go, she mentions the bombing of the jfk birthplace, and they found whitey's copy of the book, and next to the section of the bombing, he writes in the book, too bad ted wasn't in the house, mary joe would have been happen. >> thank you. >> lovely guy. yes? >> so his book shows us truth is stranger than fiction. >> absolutely. >> i think the sopranos has nothing on what this could be if we watched it, but i want to ask you this to step away from role as authors and how close you are to this case, but as journalists, if you read this account, and how the fbi and people we look to as citizenry to protect our rights, protect us, how that compromise, your lifely hoods, what you do, the role of journalism, and, you know, if you could comment on that a little bit, just professionally what you up covered and how you feel about that. >> i mean, that's -- i'm glad you asked that because in the sense that we're talking about whitey being a sociopathic murderer, killer, extortionist, blah, blah, blah, i expect criminals to be like that, but not expect the government to be the way they do in the book. what we wanted to show is beyond the individual corruption was the institutional corruption. there were -- when the fbi knew he was a murder, and suspected of murders, the fbi lieded to its own people in oklahoma investigating the murder to throw them off the trail. they consciously made a decision to keep bulger on rather than turn him over to other agencies. another thing i deeply resent is the way that the government has tried to -- he was only killing gangsters. >> my government does not get to pick who lives and dies. i don't care if they are criminals. bulger killed a number of innocent people. debra davis was not a criminal. debra was not a criminal, michael was not a criminal, roger wheeler was not a criminal. but the other thing we try to show, too, this sort of john conley taking money and protecting his guy is like corruption. you understand corruption. it's quid pro quos, people get money. to us, corruption goes to the day in the sense that the justice department did everything it could to hurt the victims' families, and they would not acknowledge their hurt. they've never apologized to them, out of the way to make sure the cases seeking compensation have been thrown out, and the way the justice department did it is cynical. on the criminal side, they went in there, said, john conley is a road rage to get people killed, and the reason we know this is the criminal associates of bulger, john, kevin, and steve say so, and then that same justice department sent civil lawyers into a different courtroom and say, oh, these claims have to be thrown out because you can't blee the word of the gangsters. that's -- that, to me, is corruption, that our government would do that to these people. >> i thought, just to quickly -- that is one of the things i found most startling. i mean, we've covered this story since the 1980s, but it was startling that, you know, after the revelations in court about the fbi's corrupt relationship with bulger that it led to a number of murders. when the family's filed wrongful death suits saying the government was liable because of the handling of the informants, whitey and his partner, steve, the government managed to get most of the suits dismissed on technical grounds, and they argued, and they never got to have a day in court, and what they argued was, you know, you should have known -- you knew sooner, you should have watched tv, read the paper closely, should have known a couple years ago that the fbi was to blame, and you waited too long to sue because you have to state your claim within two years of knowing you have a claim, and they were dismissed on those grounds. to me, that's just funny. >> a proud moment. time for a lat question here. >> i think you started to answer the question, but it seems like what you said at the beginning was that bulger was sort of a perfect storm in terms of where he happened to be and where he grew up. >> time and place. >> all that. >> uh-huh. >> so is there -- are there other whitey bulgers, and do you see that happening again? >> well, this is my argument. i don't believe culture of the fbi has changed much, and last year, i did a series of columns based on some rude reporting that shell, i, and another reporter did in which we found a guy named mark, and i remember getting a first phone call about this story by a state cop who worked on the bulger stuff, and he called him a mini bulger. this guy was accused of being -- of suspected in at least six murders, a big mafia guy, and they rolled him. the state police decided to target him because he was a well-known heroin dealer. not a nice guy. they thought he was an fbi informant, so they called the fbi. this is just two years ago. they calledded the fbi saying he's your guy, we'll move on him. >> oh, no, not our guy, absolutely not. >> as soon as they have the wire up, they get wires on him, a court order, go on to the gangster's cell phone. the first, very first conversation they record is him talking to his fbi hand leer. >> i think the state police are coming aer

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Transcripts For KPIX CBS This Morning 20130801

>> nsa leaker edward snowden leaves the moscow airport. >> snowed beden was issued temporary asylum in russia for a year. >> has been holed up at the airport for more than a month. >> if snowden is allowed to stay in russia, the white house is not going to be happy about this. >> ariel castro the cleveland man who held three women captive for a decade will be formerly sentenced today. >> castro prepared to apologize -- >> league officials have told the players union which players -- >> espn reporting alex rodriguez is negotiating a lengthy suspension to avoid a lifetime ban. >> members of congress head to the white house today to voice their concerns about the government's massive surveillance program. >> new information leak, about the nsa's ability to monitor pretty much everything you do online. >> george zimmerman's been spending a little time in texas. >> pulled over outside of texas while carrying a gun. >> what a coincidence. >> overnight, it became legal in two more states for gay couples to legally tie the knot. >> it was so powerful. >> simon cowell reportedly expecting a baby with new york socialite lauren silverman said to be married to one of cowell's close friends. >> the 50th state has budgeted $100,000 to buy one way tickets to the mainland. >> why can't we offer the same deal to the mayor of san diego? >> and all that matters. >> how can i trust you with your failings when you can't be trusted in your own family? >> i didn't do anything to you. >> that anthony weiner -- >> "cbs this morning." >> we're going to have to patch things up. i'm inviting him for a beer. >> i'm running for re-election in new jersey. i really don't have time for that. >> oh, no, he didn't! welcome to "cbs this morning." norah o'donnell is off. good morning gayle. >> good morning, charlie. >> edward snowed beden is finally out of the moscow airport. >> snowden's lawyer says he's getting a year of asylum in russia and his location will be kept secret. charlie d'agata is in london. >> our colleagues in moscow have confirmed snowden left the airport in moscow over the last couple of hours. he's essentially been stuck there for the last five weeks or so, since arriving from hong kong. he reportedly left the airport today in attacksy. taxi. the russian lawyer representing him says he confirmed he has been handed the paperwork necessary to enter russian soil. he also said snowden is one of the most wanted people in the world. while he is ready to talk to the media, he needs time to adjust. snowed beden snowden's whereabouts are kept secret because of potential security concerns. his lawyer says he's been granted temporary one-year asylum. the u.s. government has made no secret of its aims to get the national security agent back on u.s. soil. saying the snowedden case is insignificant with regard to u.s. and russian ties. there is no suggestion president obama's upcoming visit to russia would be canceled. the situation seemed to have changed significantly now that he's no longer in that transit lounge. now it appears having found a safe haven in russia. edward snowden, the man wanted by u.s. authorities for the past six weeks, has left the transit lounge of the moscow airport. he has been granted temporary asylum in russia. he is now on russian soil. >> and surveillance programs will be on the agenda at the white house this morning. in about an hour president obama will hold a bipartisan meeting. the gathering a day after the white house released classified documents related to the programs. bob orr is in washington. bob, good morning. >> reporter: good morning, charlie and gael.yle. u.s. intelligence officials now playing defense. busy declassifying some of the secrets in an effort to calm fears about big brother. still, pressure is coming from congress and a spectacle public. nsa chief general keith alexander on wednesday was again defending the government's collection of u.s. phone records, saying the program does not violate privacy. but while speaking to a cyber conference in las vegas, he was interrupted by hecklers. >> i'm saying i don't trust you. >> you lied to congress. why would we believe you're not lying to us right now? >> i haven't lied to congress. >> reporter: in an effort to blunt ongoing criticism, the obama administration has declassified three top-secret documents, explaining the nsa's collection of u.s. phone records, one of the programs first revealed by snowden. while heavily redacted the documents say the nsa progaprams collect in bulk but not the content of the calls. >> we need straight-forward answers. i'm concerned we're not getting them. >> reporter: still on capitol hill intelligence officials faced more skepticism. from senators asking if too much privacy was being sacrificed in the name of national security. deputy attorney general james cole says civil liberties are being protected. >> nobody is listening to anybody's conversations through this program. and through this program, nobody could. >> even as intelligence officials were again defending the programs another secret nsa document was published by a british newspaper, "the guardian." the article describes a program called x key score, which allows analysts to gather large amounts of information for individual internet activity in real-time. reporter glenn greenwald, would has been working with snowden, said, from brazil more revelations are coming. >> i have among the 10,000-plus documentings in my possession dozens documents that describe internally as well as to the analyst how these progapramprograms. >> reporter: as for the latest program, x key score, nsa says it's only used against foreign intelligence targets and say it's proven effective, aiding in the capture of more than 300 suspected terrorists. the sentencing hearing is under way for ariel castro. castro held three women captive for about a decade in his cleveland home. he pleaded guilty to 937 felony counts, including aggravated murder rain andpe and kidnapping. we're learning new details about the horrific ordeal. dean reynolds is outside the courthouse in cleveland. >> reporter: ariel castro the convicted rapist is now in court, wearing an orange jump suit. he's shackled with handcuffs. and his sentencing hearing is now under way here in cleveland. at this morning's hearing, prosecutors plan to portray him as a fraud and manipulator. >> this man is going to prison for the rest of his life. he's never coming out except nails in a box or an ash can. >> reporter: wednesday, they revealed his victims, amanda berry, michelle knight and gina dejesus kept diaries detailing their decade of torture and captivity. speaking of forced sexual conduct, being locked in a dark room, of anticipating the next session of abuse, of the dreams of some day escaping and being reunited with family. the girls were chained by their ankle, fed one meal a day and showered once a week. as punishment castro kept them in a cold basement or a sweltering attic. >> do you understand, mr. castro that upon entering this plea, you will never be released from prison? >> i do understand that. i knew i was going to get pretty much the book thrown at me. >> reporter: last week the former school bus driver pleaded guilty to 937 counts of a 977-count indictment in a deal that spares him the death penalty. he faces a sentence of life in prison without parole plus 1,000 years. >> my addiction to pornography and my sexual problem has really taken a toll on my mind. >> reporter: as castro prepares to spend the rest of his life behind bars his victims are trying to move on. wednesday, the cleveland police department posted this handwritten thank you note from knight on its facebook page. it read i am overwhelmed by the amount of thoughts, love and prayers expressed by complete strangers. it is comforting. life is tough but i'm tougher. as of this morning, the cleveland courage fund set up to help the young women with their recovery has collected $1.3 million for more than 10,000 individual donations. charlie, gayle. >> thanks dean. a big announcement is imintercept from major league baseball this morning. there are numerous reports yankee slugger alex rodriguez could be banned for life if he doesn't accept a lengthy suspension. >> among several players who may be in trouble over performance enhancing drugs and ties to a florida clinic. don dahler's at yankee stadium. >> reporter: good morning. sources say the league knows exactly who it wants to suspend but that rodriguez may be facing the toughest penalty of them all. >> this one is gone. a home run for alex rodriguez. >> reporter: he's recovering from hip surgery and a quad strain. but injuries may not be what ultimately keeps alex rodriguez off the field. >> baseball is actually talking about a lifetime ban for him. whether or not they come down that heavy or not, his is going to be the most severe of all of these suspensions. >> reporter: rodriguez is the highest profile target of baseball's latest doping dragnet. in addition to punishing him for allegedly using performance enhancing drugs, sources say baseball commissioner bud selig is threatening to evoke the league's integrity of the game policy which could end arod's career. >> this would be a rare circumstance where the commissioner steps in and says no, i'm using these powers to punish a player. the one notable one is pete rose who is banned for life because gambling. >> reporter: as for a-rod, he's had his share of unflattering headlines. from the cheating scandal involving madonna that ended in his very public and bitter divorce. to the 2009 admission that he used performance enhancing drugs in the past. that came only after he first denied it to "60 minutes." >> for the record have you ever used steroids human growth hormone or any other performance enhancing substance? >> no. >> have you ever been tempted to use any of those things? >> no. >> reporter: two years later, rodriguez recanted. >> in the year 2001 2002 2003, i experimented with a ban substance that eventually triggered a positive test. >> reporter: he denies the new allegations of cheating but the league appears willing to play hard ball. >> this is a guy who was destined for the hall of fame. they want to show whether it's some minor leaguer nobody ever heard of or one of the best in the history of the game they will absolutely throw the book at him. >> reporter: rodriguez's attorney says he will fight any suspension. the league hopes of threat of a lifetime ban will force him to accept a suspension. espn is reporting rodriguez is in negotiations with the league to come to some kind of an agreement on a lesser suspension. a bill lowering student loan rates head to president obama for his signature. the house overwhelmingly passed the bipartisan bill yesterday. undergraduated would be able to borrow at 3.9% for this school year. for graduate students the rate would be 5.4%. for the parents, 6.4%. the loan rates are tied to the government's cost of borrowing. they're expected to rise as the economy improves. but a cap will be set to keep them from going too high. kentucky senator rand paul wants to settle the verbal sparring with new jersey governor chris christie over a beer. but it doesn't look like that's going to happen. the spat began last week other the government's secret surveillance program. it escalated into name calling. >> we're going to have to patch things up. if we can sit down. i'm inviting him for a beer. >> he suggested maybe the two of you sit down and have a beer and bury the hatchet. >> i'm running for re-election in new jersey, i don't have time for that at the moment. >> christie did say if he's ever in washington he'd look paul up. but he doesn't expect to be there any time soon. early this morning, dozens of same-sex couples tied the knot in minnesota. as of midnight same-sex marriage is now legal there. minneapolis city hall played host to more than 40 ceremonies. same-sex marriage also becomes legal in rhode island today. making it legal in 13 states and washington, d.c. still no word this morning if whitey bulger will take the stand at his trial. yesterday, a retired fbi agent testified about government files on the reputed mobster. they were locked in a fire-proof safe. that way, corrupt agents could not leak them to criminals. cbs news analyst rikki klieman is with us. good morning. so the defense starts its case. >> this week has been the defense case. it was great to be in the courtroom and see what would happen when the tables were turned. what the defense is doing is putting the fbi on trial. they called agent bob fitzpatrick known as fitzee zzeefitzee. their first witness. he's the guy who complained all the way up to washington about the activities of conley, saying that could benley was perhaps a little too close to whitey bulger. the problem was, on cross examination, he looked to be a bit of an exaggerator, that he took a lot of credit. so if you look at the hierarchy, fitzpatrick at the top maybe going to headquarters in washington. under him, corrupt supervisor john morris. under him, corrupt agent, fbi agent john connolly. and next to them whitey bulger. >> we still don't know if bulger will take the stand. what is going into the process as to whether he will testify or not? >> well i think there are two things happening here. one is do we think about this trial as a win or lose? if we look at it that way, then we totally miss the boat. what this is about, i say, is whitey's legacy. whitey either is going to take the stand. what does he have to lose? what happens if he gets questions from a prosecution that want to show that perhaps he was an informant all the way bok to back to the 50s? what's the judge going to do to him? the judge can't do anything more. so whitey could be the mastermind by saying what i want doesn't matter if i'm found guilty, just let me say my piece. or he may have seen how fitzpatrick was pummeled and other good agents have been pummeled on the witness stand who are simply there to show the corruption or to show the mishandling of cases by the fbi, and he's writing, writing, writing. he never stops writing. it reminds me of madam dubarjen in meeting. so perhaps a book. >> how about john monoro will he testify? >> he has a discrete purpose. called by the defense, he's the executioner, killed 20 people got 12 years. why is he being called? because as we have talked about, whitey bulger says i did not kill those two women debra davis and debra hussy. what whitey bulger wants is for john monoro to say is that stevie flemme the rifleman said, i strangleled debra davis with my bare hands. that will be dramatic ton say the least. >> you need a scorecard to keep track. thank you, rikki klieman. the man acquitted in the death of trayvon martin has had another run-in with police. an officer pulled george zimmerman over for speeding near dallas on sunday. a video released shows the stop. zimmerman tells the officer he has a gun in the glove compartment. the officer's response quote, don't play with your firearm. zimmerman said he was going nowhere in particular. the officer released him with a warning. time to show you some of this morning's headlines from around the globe. politico says defense secretary chuck hagel is issuing new warnings about spending cuts. hagel says the united states can either have a high-tech military that is too small or larger force that is less equipped. >> "the wall street journal" looks at a surge of people buying guns in newtown, connecticut. more than 200 newtown residents have received pistol permitings. compared to 171 for all of last year. "washington post" says president obama's defending his former economic adviser larry summers. he is a candidate to replace outgoing fed chairman ben bernanke but some liberals don't like summers policies. the san francisco chronicle says facebook shares briefly passed their initial $38 price for the first time on wednesday. the stock traded as high as 38.31 before closing at 36.80. in september, you may recall they hit a low of 17.55. facebook's fast growing mobile advertising is fueling the earnings. >> "the new york times" says a number of visitors to las vegas hit a record last year. nearly 40 million people. but they spend less money per trip. people are not gambling as much. the new tourists are younger and more likely to spend money at clubs. >> a slow moving hurricane strengthening in the pacific may soon threaten hawaii. hurricane gil is passing 80-mile-an-hour winds. right now southwest of baja peninsula. it's expected to testifyintensify today. so far no coastal warnings a low clouds and fog a little more broken around the bay area today although it's going to stay cool out along the coastline and the breeze along there through the golden gate bridge, you can see a couple of breaks in the clouds there. there's nice to see. haven't seen a whole lot of sunshine out toward the beaches. temperature-wise, you will still see some 80s inland. 60s and 70s around the bay. and 50s and 60s breezy toward the coast. next couple of days just some minor changes in the weather. i think a little warmer though as we head into sunday and monday. then cooling down toward the middle of next week. >> announcer: this national weather report sponsored by nutella. breakfast never tasted this good. eight women accused san diego mayor. now they say he should pay for his legal. >> it's just reprehensible. >> why the case against bob filner could be growing. the makers of energy drinks under fire in congress. their sales are soaring brks sow are the trips to the emergency room room,. doctor david agas looks at the risk for adults as well as the kids. >> we're back here on "cbs this morning." stay tuned for your local news. 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[ female announcer ] are you sensitive to dairy? then you'll love lactose-free lactaid® it's 100% real milk that's easy to digest so you can fully enjoy the dairy you love. lactaid®. for 25 years, easy to digest. easy to love. suspect for an attack near santa clara university about one o'clock good morning. 7:26 on this thursday. i'm frank mallicoat. get you updated on some bay area headlines now. police dogs failing to find a suspect for an attack near santa clara university around 1:00 this morning. a woman says she fought back when a man grabbed her from behind. that man took off. it is more expensive now to have garbage collected in san francisco as of this morning. average trash collection bill is up some 22% to $34 a month. the cost of recycling a big factor. more contract talks with bart and the unions today still far apart on issues of pay and benefits so it's would be workers can issue a 72-hour strike notice tonight for a possible strike come monday morning. traffic and weather on your thursday coming up right after the break. good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats that can help lower cholesterol. and it tastes good? sure does! right... ♪ ♪ wow. delicious, right? yeah. it's the honey it makes it taste so... ♪ ♪ well, would you look at the time... what's the rush? be happy. be healthy. good morning. between some late running roadwork and several different accidents we have some big delays right now both directions of 580 and the new accidents continue to come in. there's one reported westbound 580 by vasco now. the drive time is pretty backed up out of tracy on westbound and then in the commute direction, we are seeing an unusual amount of traffic because three lanes are still closed approaching north flynn for some overnight roadwork. better news over at the bay bridge. not that big of a delay. looks like it's backed up towards the overcrossings. that's traffic. over to lawrence with your forecast. >> clouds a little more broken around the bay area today. we are going to see lots of sunshine into the afternoon in most spots. look at that. clouds looking neat this morning. a little sunshine breaking through there, as well. you can see the clouds broken out toward the coastline even. temperatures this afternoon maybe some 80s in the valleys. cool 50s and 60s coastside. next couple of days below average then warming up slightly on sunday and monday. speaking again of anthony weiner, here now -- why not -- we have the new -- i was talking about this. the new campaign commercial. we have a copy what the campaign is all about. >> you see? that's what i'm talking about. >> i don't know. his name sort of adds to the butt of the joke. is he ever going to be able to shake it off? >> at some point. >> david letterman having more fun with new york mayoral candidate anthony weiner. he ran into trouble again when he ran into a voter. >> how can i trust you with my family and my community when you can't be trusted in your own family. >> it's a fair question. look, you -- you, sir, know some embarrassing things about me and my life. that's part of the cost of being an elected official, i guess. people look into those things. i'm embarrassed by it i dishonored my wife, but, sir, i didn't do anything to you. >> one tactic to take. >> san diego's mayor bob filner is being accused of sexual harassment. the reporter who broke this story says even more women could surface. john blackstone is in los angeles. john, good morning to you. >> good morning, gayle and charlie. well, the saga of san diego's woman an icing mayor is looking more and more like a soap opera. just when you think it can't get any more outramgs it does. but now it's starting to have real economic consequences for the city and that's why former mayor jerry sanders is now speaking up. >> what's happened is business is coming to a standstill. city functions are coming to a standstill. >> reporter: for jerry sanders, former mayor and former police chief, all of san diego has become a victim of mayor bob filner's behavior. >> his style shouldn't be a surprise to anybody. he's been in politics for 30 years. his style has always been pretty contentious. >> reporter: for 20 years he represented san diego in congress. even then there were suspicions about his treatment of women. >> there's been rumors about this for years and years, and when you talk to some of the local politicians now, the ones back in congress, they say that's been filner's track record. but certainly a lot of people have endorsed him who said we knew some of this stuff might have been going on. >> people were fearful of him. they feared retribution. >> reporter: amita sharma spoke about it. >> he's perceived as a powerful person and one who can be vengeful. you don't just hear that from women. you hear that from powerful men, men who own businesses. men who hold office in san diego. >> the silence was broken when maureen mccormack came forward. >> i was placed in a headlock and moved around like a rag doll while he whispered in my ear. >> reporter: then four other women told their stories to sharma on a local pbs station. >> he would kiss me on my lips and i'd have to skirm to get away. >> and he ran his finger up nigh cheek and worcester dodd you have a man in your life. >> and he came up and gave me a hug and touched me -- actually groped me inappropriately. >> reporter: now eight women have come forward. is this the tip of the iceberg? are there more women likely to come out? >> i tlink are several more women likely to come out. >> reporter: still the mayor insists he will not be resigning. >> i will be entering a behavioral counseling clinic to begin therapy and address my behavior. >> he's hunkered down. he's not going to resign any time soon. >> reporter: he teaches at san diego mesa college. >> the mayor is not elected with a morals clause in his contract. short of an indictment or re-election or conviction bob filner is here to stay and that's what he's banking it on. >> that's absolutely ridiculous to blame everybody else for his inappropriate behavior for his criminal behavior if some of it's true, is just reprehensible. >> and the sexual misconduct problem problems aren't the only problems for the mayor. yesterday he announced that he would pay for that himself and then there are questions about the mayor's involvement in some big donations from some big contractors in the city big developers in the city. gayle and charlie, 70% of zaigens want him to resign but he can only be removed from office through a recall election. >> thank you john. there are questions about energy drinks. concerns led to a senate hearing on wednesday. >> across the board makers of energy drinks say consistently they do not market their products to children, senator. take a look at that cover. that's a 12-year-old boy on that cover. >> sales of energy drinks are on the rise. they now bring in more than $8 billion a year. cbs news contributor dr. david agas is with us from los angeles. good morning. >> good morning, charlie and gayle. >> what's the danger here? >> wow. first i have to applaud them for doing this. the problem is too much caffeine, especially in kids, causes a problem. you get cardiac arrhythmia difficulty sleeping and difficult difficult difficulty. the problem and think one of the major problems is when you drink a cup of coffee you drink it over an hour so it's a little bit of caffeine every couple of minutes. when you drink an energy drink many times it's a shot you do right away. that's a lot of caffeine at once and the body can't handle that. >> do we know how much caffeine is in the drinks and is there such a thing as a safe amount? >> unfortunately it's not law to say how much is in the drinks. some of them are starting to report it. do you think a 12-year-old is going to read a label and read how much is right for them? i don't think so. a small. can improve performance but when we had stories at the top of the hour about major league baseball and everyone is upset and yet we're encouraging kids to take performance-enhancing drugs, which is what these are. we should take a step back and say should kids being having caffeine at all. >> what should be done? are you looking for legislation to provide a means for what they cannot be bought by kids? >> listen. we did it with children right? children cannot buy tobacco. think the same thing needs to happen here is that we need to take a step back and look at what we're doing as a society. we're saying as a child, when you're tied. don't take a nap, drink a drink. have a supplement not to do more. it's not the right message. >> the best thing for kids to drink, water and milk always works, right? >> no question about it. eat regular food and go to bed on time. would you go to a museum to see trayvon martin's hoodie? the challenges that come with putting it on display. that's next coming up on "cbs this morning." my name is lee kaufman. married to morty kaufman. 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(newscaster ) he is doing 44 in a 45... in the nation, safe just got a little more exciting. add vanishing deductible from nationwide insurance and get $100 off for every year of safe driving. we put members first. join the nation. ♪ nationwide is on your side ♪ [ female announcer ] delight in each delicious moment with mccafé. every irresistible smoothie and delectable frappé is a break from the ordinary. and it all starts with a sip. there's something for everyone to love from mccafé. ♪ you like to keep your family healthy and fit. and now there's a new way to do the same for your dog. introducing new purina dog chow light & healthy. it's a no-sacrifices calorie-light way to help keep him trim with a deliciously tender and crunchy kibble blend he'll love. and 22% fewer calories than dog chow. discover the lighter side of strong. new purina dog chow light & healthy. this off. conditions stayed relatively clear. we didn't look at thunderstorm significantly across the state as we did before. current conditions in casper. we're looking at a current temperature of about 51 degrees. instead of a picture, what do you do? you do a drawing of the day. this was drawn by me of the sun coming up over the teeton range. >> bravo to you. his computer crashed right before he went on the air so he improvised and drew the forecast out. that's very good. >> that may be a new trend. >> i hope not here. going old school. right now it's being kept as evidence for a possible federal case against george zimmerman but the director of the national museum of african culture, that's part of the smithsonian, has said he'd like to have the sweatshirt. chip reid is on the national mall in washington where that museum is being built. chip, good morning to you. >> reporter: good morning, gayle and charlie. the museum's director said he would like to display trayvon martin's hoodie because of its cultural significance. and if that does happen. it won't be the first time that a piece was put on display at a museum and it won't be the last. at a museum in washington, d.c., visitors can actually look inside the cabin where the unabomber ted kaczynski assembled his explosives. >> it was in storage in california, brought here on a flatbed truck. >> they can also see the shoes worn by shoe boumer richard reid and the belts used to restrain him onboard but trayvon's hoodie probably won't be displayed any time soon. kelly crow is charge. >> it could be seen as a little exploitive. >> it could inbe included with the happened cuffs and the beer summit and harriet tubman who led the slaves through the underground railroad. >> i think they've always seen it their mission to chronicle human experiences. some define that as paintings and sculptures and others define it as artifacts. >> like the three-week killing spree in october of 2002 when the d.c. area was terrorized by snipers. the law enforcement memorial fund is building a museum in washington that will eventually house their car, the rifle, and other items they used. but one famous cultural artifact that never made its way into the museum, the ill fitting gloves. >> if it doesn't fit, you must acquit. >> reporter: even they were put on display for curious crowds. >> they should chronicle the whole sweep of history and not cherry pick sometimes just the good stuff. i think the bad stuff happened and it's part of the story and it should be included. >> reporter: and gayle and charlie, as you can see behind me, construction still has a long way to go. it's not expected for another two years. that should give them plenty of time to decide whether trayvon martin's hoodie belongs here on the national mall. >> all right, chip reid. thank you. i'd like to know what trayvon's parents think. low clouds and fog a little more broken around the bay area today although it's going to stay cool out along the coastline and the breeze along there through the golden gate bridge, you can see a couple of breaks in the clouds there. there's nice to see. haven't seen a whole lot of sunshine out toward the beaches. temperature-wise, you will still see some 80s inland. 60s and 70s around the bay. and 50s and 60s breezy toward the coast. next couple of days just some minor changes in the weather. i think a little warmer though as we head into sunday and monday. then cooling down toward the middle of next week. only on "cbs this morning," your first look at the best pictures in the world, according to national geographic. that's coming up next. plus, he runs the world's largest airline. only on "cbs this morning," the ceo of united airlines will talk about the changes in the air and talk about the safety of the 787 dreamliner jet. that's ahead. >> announcer: this portion of "cbs this morning" sponsored by pull-ups. to start potty training today the fun and easy way. visit pull-ups.com. good evening. 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[ male announcer ] if you can't afford your medication astrazeneca may be able to help. ♪ ♪ ♪ ♪ [ male announcer ] love your kitchen even more with this stainless one-handle faucet for just $99 at lowe's. ♪ ♪ . o.j. simpson is apologizing for the robbery that put him behind bars in nevada. we'll hear from o.j. and tell you why his prison sentence is getting a little shorter. that's ahead on "cbs this morning." your local news coming up. atural. with new all natural lean cuisine honestly good. it's frozen like you've never seen. with juicy whole chicken filets farm selected veggies and whole grain medleys. ♪ ♪ and it's undressed. just add the pomegranate sauce yourself. with taste this good, why hide? ♪ ♪ why? what were you thinking? new lean cuisine honestly good. au natural, oh so tasty. in the natural frozen meals section. nestle. good food. good life. at meet the newest member of the quicken loans family: j.d. power and associates has ranked quicken loans highest in the nation in customer satisfaction... i say "family," because we've been blessed with this honor for 3 years in a row... rest assured we'll treat all of your mortgage needs with tender loving care. amazing client satisfaction: it's a quicken loans family value. call 800-quicken or go to quickenloans.com to experience it for yourself. ♪ ♪ i'm in my work van having lunch next minute i'm in the back of an ambulance having a heart attack. the emts gave me bayer aspirin. it helped save my life. i was in shape, fit. i did not see it coming. my doctor recommends i take bayer aspirin to help prevent another heart attack. [ male announcer ] aspirin is not appropriate for everyone so be sure to talk to your doctor before you begin an aspirin regimen. i've lived through a massive heart attack. i don't take life for granted. see your doctor and get checked out. ♪ ♪ >> your realtime captioner: linda marie macdonald good morning, everyone. it's 7:56. i'm michelle griego. therethere will be more contract talks between bart and the transit agency's two biggest unions today. but they remain far apart on main issues of pay and benefits. it's possible the workers will give a 72-hour strike notice tonight. >> santa clara police are trying to track down a man who attack a woman overnight. investigators say the woman fought the attacker, who tried to grab her near poplar and washington streets. she kicked him in the groin and then ran for safety. police say a k-9 unit tracked the attacker's scent to santa clara university and lost it. stay with us, traffic and weather in just a moment. good morning. in hayward we're just beginning to see some slowdowns now. the accident is involving a motorcycle at southbound 880 right there by tennyson road and it is jammed solid through at least the highway 92 interchange. latest, still backed up from the altamont pass and the livermore valley. we have had a couple of different incidents there. eastbound also very heavy because of some late running roadwork. out to the bay bridge, things look good barely a delay at all coming into san francisco. that's traffic. here's lawrence. >> still clouds broken around the bay area this morning. not as widespread as yesterday. but it's going to stay cool today. you can see the clouds showing up along the coastline and some of that into parts of the south bay. but as we head toward the afternoon, should be mostly sunny 70s and 80s inland, 50s and 60s at the coast. cool the next couple of days, warming up on sunday. it is 8:00 a.m. in the west. welcome back to "cbs this morning." nsa leaker edward snowden, finally leaves the moscow airport. with are does he go next? major league baseball threatens alex rodriguez with a lifetime suspension. a-rod is trying to work out a deal. the ceo of united airlines is here talking about merger profits and the problems with the boeing 727 dreamliner. first, a look at today's eye opener at 8:00. ariel castro the convicted rapist is in court wearing an orange jumpsuit shamaled with handcuffs the sentencing is underway for ariel castro. he held three women captive in his home in cleveland. >> he has left the transit lounge in the moscow airport granted temporary asylum in russia. he is declassifying some of the government see krelthscrets in an effort to calm fears about big brother rodriguez may be facing the toughest penalty of them all. >> whitey is going to take the stand. what does he have to lose? what's the judge going to do to him. an officer pulled george zimmerman over for speeding on a heyway. we are encouraging kids to take performance-enhancing drugs, which is what these drinks are. the saga of san diego's womanize he mayor is looking more and more like a soap opera. when you think it can't get more outrageous, it does. >> he ran his cheek up my face like this and whispered to he moo, do you have a man in your life? >> oh, god, ewww! . >> i'm i'm charlie rose. edward snowden says the nsa leaker has received asylum in russia. >> he left for the first time in june. charlie d'agata is following developments in london. good morning to you. >> our colleagues have confirmed that edward snowden left the moscow airport today in a taxcy. a russian lawyer representing him said he confirmed that he has been handed the paperwork necessary to enter russian soil and remain for one year. he worried about the question of whether it gives him the permission to leave the country. he also said snowden is one of the most wanted people in the world. his whereabouts are being kept secret because of the potential security concerns. the united states government has made no is secret of its aims to get the former national security agent back on u.s. soil to face pros cues prosecution for es espionage. there is no suggestion that president obama's upcoming visit to russia will be canceled. several big league baseball players could be suspended for using performance-enhancing drugs. the most famous of them is being threatened with a lifetime ban. >> he is alex rodriguez of the new york yankees. baseball officials say they have got enough evidence to kick him out for good. don dahler is outside yankees stadium. good morning. >> reporter: good morning, gayle, good morning, charlie. a-rod is the highest player in all of major league baseball. today, he faces a league and a commissioner that want to make him pay. >> this one is gone! a home run for alex rodriguez! >> reporter: the superstar third baseman continued to rehab injuries in tampa, florida, underneath a veil of uncertainty about his playing future. >> baseball has actually been talking about a lifetime ban for him. his is going to be the most severe. >> reporter: rodriguez is the highest profile target of baseball's latest doping scandal. in addition for punishing him for using performance-enhancing drugs they say bud selig is threatening to invoke the league's integrity of the game policy, which could end a-rod's career. >> this would be a rare circumstance where the commissioner says, no i'm using these powers to punish a player. >> reporter: as for a-rod, he has had his share of unflattering headlines. from the cheating scandal involving madonna that ended in his public and bitter divorce to his 2009 admission he used performance-enhancing drugs in the past. >> 2001 2002 2003 i experimented with a banned substance that eventually triggered a positive test. he denies the knew allegations of cheating but the league appears to be willing to play hardball. that threat of a lifetime ban has worked in the league's favor. espn is reporting that alex rodriguez is in negotiations to accept a lessor suspension. charlie, gayle? obama talks with members of congress today with the secret surveillance program exposed by edward snowden. the president went to capitol hill yesterday to meet with house and senate democrats. one unexpected visitor, republican senator, john mccain. he walked in the meeting and very quickly walked out as reporters chased after him. mccain said later on twitter. to be clear, i opened the wrong door looked in and saw the president and said my mistake, and everybody laughed. lighten up everybody. >> he seems to have a point there, doesn't he? >> mccain is making headlines over the next presidential campaign. the new republic magazine asked him who he would support if hillary clinton faced rand paul. the gop nominee laughed and said it is going to be a tough choice. mccain and paul have butted heads. he praised clinton's works asecretary of state and called her a rock star. in the middle of a civil war, the president of syria has signed up with instagram. bashar assad is already posting photos on his new account. they show him surrounded by supporters and comforting the wounded. they call this site repulsive. he is also on facebook and twitter. the united nations says more than 100,000 people have been killed since the revolt from syria began two years ago. o.j. simpson is getting a break. he is not leaving prison. the former nfl star was granted parole for some of his kidnapping and armed robbery convictions. but, he has to serve other sentences. that could mean another four years or more behind bars during a hearing, he said he should have never taken part in the hold-up of two sports memorabilia dealers. >> i would give it all back to these guys. they can have it all to get these last five years back. they have been somewhat illuminating at times and painful a lot of times. >> simpson also said he had tried to be a model inmate. walkouts by fast food workers are spreading around the country. this week, thousands of employees have gone on strike for a day. more picketing is expected today in milwaukee. the movement is about money. the workers want higher pay, up to $15 an hour. right now, they are making half of that about $7.50. they want the right to join a union. fast food business owners say higher wages would lead to fewer jobs. some amazing images to show you only on "cbs this morning." we are getting a look at the winners of the 2013 national geographic traveler photo contests. they include a black and white picture of brazilian championship competition in the amazon and wild cheetahs standing on top of a car full of tourists in kenya. they capture moments from around the globe and will a traveler magazine starting in december. you can find a link to all the winning imacbs this morning".com.etimes the word amazing is overused. not in that case. we are getting our first look at a stunning speech written for queen elizabeth 30 years ago prepared in case of a nuclear war. the queen would have said our brave country must again prepare itself to survive against great odds. the speech us pray for our country and men of good will wherever they may be. god bless you all. >> she n the birth rate in this the birth rate is at ahistoric low. "time" magazine looks at why women are choosing not to have children. for this is good-eating. new yorkers are high. that's tomorrow on "cbs this morning." high. that's tomorrow on "cbs this morning." at panera, we believe in starting the day right with freshly baked whole grain bread. then we add al lean antibiotic-free ham... and vermont white cheddar. in the breakfast power sandwich. ♪ (announcer) take their taste buds for a little spin with more than 50 delicious flavors. friskies. feedntrol. i get out a lot... like the last three weekends. it doesn't af m your coughing woke me up aga i wi test your level of control at asthma.com cod do for your asthma. dinner from walmart choe the 2, 3 even 4 services you want to build the bundle that works for you.çwçñfortunately, we still have those delays all just cleared off to the en exceptionally light. the some of the oon except at at the coast and breezy. next couple of morning." coming up and no stop named bush why he'ss in the dark. >> a ring that was given been missing for 65t happe the years since.today's it's a patch. 24 centers around the world. it contains a protein starbucks is teaming up with google to offer fast wi-fi.de 7,000 starbucks simes faster. wi-fi aundred wow, at how difficult wireless only 1% leave the top companies of at&t and verizon. the reason most are stuck in plans that makes companies like verizon . on wednesday eight tgi fridays agreed to half a million dollar settlement with the state. the "washington post" says the bulldog, has been fenced. they say he's just not mascot material. j.j. it seems wanted to have his own life and did not want to go to work every day. not a good employee. the airlines has seen a number of mergers in the last decade. three years ago united joined forces with continental. that formed the world's biggest airline. they kept united name. jeff smisek is with is along with peter greenberg. good morning. >> good morning. >> what do you believe is the possibility and the good possibility arising out of these airline mergers because we hear some complaints about them. >> the mergers have helped us become profitable. we have been an industry that has lost money since the wright brothers and it's not good for anybody. it's not good for consumers and the people we serve and our shareholders. >> look at you. >> and through mergers and capacity discipline we've begun to make money and make money consistently so we can make the kind of investments people want. >> for example, continental add a reputation for service. >> we're improving. over 80% of our co-workers have been trained in front line service called "it's our job," and they've climbed considerably. we are. we're investing in our people we're investing in technology for them to use to serve our customers better. when you shrink the capacity you have people competing for seats. what do you do for fares? >> we have fares that are compensatory. in the old days, peter, we charged less for every seat that it cost us and we tried to make it up on volume. >> that was a bad business decision. >> now we're trying to make a profit. that's enough to help us to begin to invest back in the business. >> in old days you had fare wars. it was always start by the weakest competitor and you did it because you could do it for longer because you were bigger. >> people were being furloughed. employees can not have career community can't have service. the airlines can't make the investment. that's just bad. >> and your merger represented companies that had already been bankrupt. more than once. >> is there anything you can do about the fees? it seems like a flying customer you're charged were bags and leg room? it's so difficult that you're paying for things that used to be free. >> we used to price things awl together and you weren't given a choice. you were charged for things you didn't lose. if you didn't check a bag and i did basically you were cross subsidizing because i was using the service of a bag and you weren't. now it's broken apart so customers can pick and choose things they value and not pay for things they don't value. >> peter was coming to us week after week and telling us things we didn't know as consumers. is the any push for transparency? >> i think it's a good thing. we're investing in a lot of technology to make sure we can better inform the customer about things that are going wrong with the air traffic control system. delays wrrks the bags are. it's good -- what we found is customers want more information and we need to provide them better information. traditionally the people who needed to know the most they were the least to find out. >> because the systems were so poor. the systems with so poor because they were seriously bankrupt. >> and then there's the dream liner. that's the question i have because i'm wondering. peter's been here several times. do you find you want to move your gorgeous hair to take care of it. do you still believe in the 787 dreamliner? >> look. it's a terrific airline. revolutionary technology. >> it doesn't seem to be working. >> the dispatch reliability is slightly below where the 777 was when it was introduced. the 777 has become a great workhorse. has it had issues? of course, it has. all new airplanes have. this is a quantum leap not only for the airlines but the consumer. it's a wonderful airplane for customers to fly. >> you're here to say the safety issues are behind you. >> i think the dreamliner is absolutely a safe airplane. it has had introductory issues and certainly the battery issue was a real problem but boeing worked well with the faa to fix that problem. >> i geeshet a great question. when you buy a new car and it breaks it's under warranty. are you making aed by for compensation. >> the plane is under warranty. >> very nice. very nice. you are now considered the largest. airline. is the biggest the best? >> no. i don't really care. we happen to be the laencht airline but that doesn'ting are matter. they give good customer service, it's reliable. where your co-workers e joy coming to work. they trust each other. they trust management. they're respected. they're listened to and that's the culture we're developing. >> you expect to see more consolidation. >> well, with american and u.s.s airways airways. >> you've seen that. >> yes. the united states, i think, consolidation is pretty much over. it has to be over. >> internationally there's still consolidation going on. cross border consolidation is much more difficult because there are laws that prohibit that. >> when you take look at the merger, the last merger to happen is going to be u.s. air and america and they argued -- when they went out and talked about the merger that they're only going to overlap on 12 routes and then they said wait a minute,ite goes doing affect 1,500 tights of airlines. are you worried about this merger? >> no i'm not because, you know we lose us airways, and so we're the carrier most affected in that sense but i think consolidation has been very very healthy for our business. it's actually permitted us to become a business as opposed to an airline so i think actually it's good. >> if we come back one year from now and have that conversation what is the one thing you hope to have accomplished? >> a year from now? >> yes. >> i want to make sure our service improves we're a very reliable airline and they continue to experience all the new products. >> i think they're working on that. that's a it's time to change the way we clean. it's time to free ourselves from the smell and harshness of bleach. and free ourselves from worrying about the ones we love. lysol power & free has more cleaning power than bleach. how? the secret is the hydrogen peroxide formula. it attacks tough stains and kills 99.9% of germs. lysol power & free. powerful cleaning that's family friendly. another step forward in our mission for health. miami's jake norris mick take a look when he got back to the dugout. he got a big nothing. they ignored him. in fact, it's a major league tradition following the first homer. soon the silent treatment ends and the celebrations begin. welcome back to "cbs this morning." >> that's something i didn't know. >> they're proved to be no match for them. they're being thrown off. leading the stampede a 1,700 pound heap of trouble named bushwaker. here's the story. >> reporter: meet bushwaker. if you think he's impressive in his past watch him in the arena. how can get in the air. >> when you talk to people who know bushwacker best he's hue mer. >> there's no ifs, ands or buts about it. an animal that big that can move that high and that quick, he's athletic. >> reporter: bushwacker's fame is growing. he became the first to be featured in the body issue and he has the perks of a star. >> basically i'm his butler and chauffeur. >> bushwacker is the michael jordan jordan star. look how far off the ground he gets. he's got air and his hide legs they're above ten feet above the floor. he's also crafty. most bulls always buck a certain way. bushwacker never bucks the same way twice. all reasons no one has been able to ride the bull for the qualifying eight seconds since 2009. we traveled to the challenge in decatur, texas to see if the streak could be broken. many of them were afraid and that didn't sit well with the organizer. pistol robinson stepped forward and said he was willing to ride bushwacker bushwacker. pride was at stake. >> cow could ride away with $40,000 frmgts yeah. >> you sound very brave. >> it's the name of the game. >> reporter: out of 52 attempted rides, only five of the cowboys were successful. they were flying through the air in every direction and the bulls, they were ornery. pistol would ride last. he got some advice from the man who's come closest to riding bushwacker. >> i rode him quite to the whistle. >> reporter: that close. >> but it doesn't count unless it's horseshoes and handguns. >> reporter: bushwacker. calm, as if he didn't have a care in the world. the ring was electric and then bushwacker bucked off his rider. pistol robinson he managed to stay on for 3.5 seconds. you got bushwacked. >> i got bushwacked. it happened. >> reporter: cowboys say every bull is eventually ridden but for bushwacker that day may be long in coming. >> so great to see a story in which somebody does something like no one has ever done it. >> that's right. when are you going, son? >> that's something i wouldn't do. >> okay. finally you won't. you could take your go pro. a young couple in love lost their ring 65 years ago. now it's back. how the story came full circle. that's next on "cbs this morning." ♪ all right, let's go ♪ ♪ shimmy, shimmy chocolate ♪ ♪ shimmy, shimmy chocolate ♪ ♪ we, we chocolate cross over ♪ ♪ yeah, we chocolate cross over ♪ [ male announcer ] fiber one 80 calorie chocolate cereal. ♪ chocolate ♪ [ female announcer ] try honey nut cheerios medley crunch with clusters, flakes, and o's. oh, ho, ho... it's the honey sweetness i...i mean, you...love. [ female announcer ] and with all these great cheerios flavors the love just keeps on coming. they lost a ring with enormous sentimental value forever, but now it's back thanks to the kindness of a stranger. michelle miller looks at the ring's 65-year, 700-mile journey. >> reporter: mike geiger likes to find things. >> these are what i use to find a treasure r as often as five time as week he goes out with his metal detector to comb the paths and waterways in wisconsin in the wee hours of the morning. >> i've got coins from the mid-1800s, jewelry from the mid-1800s. >> reporter: last week on lake tomahawk he found his biggest find yet. >> i night was a class ring and old because of the style. >> reporter: it was inscribed with r.d. a critical clue to the ring's owner. >> i know the school has the ability to look back in their records and find the r.d.s in the class of '49. >> reporter: he was given the phone numbers of three r.d.s. the first one hung up on him. the second one was 82-year-old richard "dick" dietrich. >> i explained to him i think i've got a ring that might be yours. >> my first reaction was, you've got to be be kidding. i had never been where he identified being from. >> waukusha is two miles from where he grated from high school. when the ring vanished 35 years ago, dick's high school sweetheart doris tyle was wearing it with we decided it might be nice if i wear her ring and she wears mine. >> i had gone into the girls' washroom to wash my hands, so i took the ring off. when i turned around it was gone. >> stolen was more like it. and then somehow it ended up on the bottom of a wisconsin lake some 350 miles away. >> i never dreamt that i would get it back. that's been a real surprise and pleasure. >> reporter: a pleasure because the ring isn't just a reminder of their high school days but a symbol of enduring love that's produced three kids and two grandchildren. that's right. dick and doris have been married now for 60 years. >> we sometimes take votes on whether there's going to be one more. >> reporter: as for mike geiger no monetary reward is necessary. >> it's just kind of neat that i know, you know i gave that whole family a big piece of happiness. >> i have learned there are some wonderful people out in the world and they're willing to go out of their way to do good things. >> reporter: proving that finders aren't always keepers and the losers well, are sometimes the biggest winners of all. for "cbs this morning," michelle miller, new york. >> how nice of him, charlie, to take the time to give them the big piece of happiness. mike geiger. >> i was thinking this is such a great morning. look at all the exciting things that happened today. >> in two hours. >> the baseball suspension story, edward snowden on the move in moscow. we learned something about airlines and that remarkable bull that we saw. >> this is the other thing. can we just take a moment to say it's august 1st? where has the time gone? that it flies when you're having fun. >> it's been fun. >> a lot of fun. >> that does it for us. up next your local news. we'll see you tomorrow right here on "cbs this morning." we begin with breaking news out of east san jose. police are searching for a robbery good morning. it's 8:55. i'm frank mallicoat with your kpix 5 headlines. we begin with some breaking news out of east san jose at this hour. police are now searching for a robbery suspect in the area of cinderella lane. police say the suspect robbed a check into cash story on story road at gunpoint this morning. we do have a crew headed to the scene. we'll have much more on the police activity in san jose coming up on kpix 5 news at noon. there will be more contract talks between bart and the transit agency's two biggest unions later today but they are far apart on the two big issues of pay and benefits. so it is possible the workers will he give a 72-hour strike notice tonight. max wade the san rafael teen charged with murder will be in court. he also stole celebrity chef lamborghini last year. traffic and weather and weather after the break. 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[ male announcer ] choose at&t and build your bundle. it's whatever works for you. ♪ ♪ good morning. we're still seeing these delays coming out of the altamont pass. it's been our problem spot all morning. westbound and eastbound 580 where there is late running roadwork. it is expected to clear around 9:00 this morning. also, we're following a pretty bad crash on the richmond/san rafael bridge westbound 580 midspan. it was involving up to five cars. they are working to clear it to the right-hand shoulder. but traffic is pretty much backed up towards richmond parkway. a quick look outside. here's a live look at 880 where we are starting to see chase in now as you get north of the oakland coliseum approaching high street all the way towards downtown and the san mateo bridge looks good in both directions. here's lawrence. patchy fog around the bay area this morning. not a blanket of fog like yesterday but a sea breeze bringing cooler temperatures around the bay area today. nice look there and looks like that patchy fog going to break up and pull back toward the coastline. this afternoon, we'll still see some temperatures moving up into the 70s and maybe some mid- 80s in toward brentwood. low 80s into livermore and concord. 60s and 70s around the bay. 50s and 60s at the coastline. next couple of days just some small changes and warming up a little on sunday. wayne: yeah! open curtain number one. you won a car! you've got $20,000! (screaming) you've got the big deal of the day! it is fabulous! jonathan: it's time for "let's make a deal"! now here's tv's big dealer wayne brady! wayne: hi, everybody welcome to "let's make a deal," i'm your host wayne brady. it's time to make deals. let's do it. three people, let's go! (cheering) over there, jesus. jesus, come over, jesus. let me see. the afro, the afro in back afro. let's see. last but not least the pink die. the pink die, right there, come on over here. hey, melanie.

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Transcripts For KPIX KPIX 5 News Early Edition 20130805

governor jerry brown stepped in late last night and ordered a 7 day inquiry into the contact dispute. >> labor negotiations are contentious. these ones have been particularly contentious. as a board member it's frustrating to say you are offering best benefits and to be accused of union busting. >> cate caugurian has reaction to this breaking news from both sides and joins us from san francisco. good morning. >> reporter: good morning. both sides, both the unions and bart have the work cut out for them this morning. in addition to trying to hammer out a deal, they have to answer to governor jerry brown. governor brown issued that threatened to shut bart down. three member board to investigate and directed this panel to provide him with a written report within 7 days. the governor stepped in after the last minute after negotiations were at a standstill. >> we think the fact-finding itself is going to be important for the governor and the public to understand. >> the governor saw there is not the leadership on the employer side to reach an agreement. >> >> reporter: during this period, all strike ands lock downs are prohibited as the investigation is in progress. after this order was issued, the unions issued their own statement accusing bart management waiting until the last minute on core issues on pay and benefits. bart says they were the ones who reached out to the governor after they were so far apart. reporting live, back to you. >> let's look ahead. what happens after the 7 days? could we see another threat of strike again? >> i'm sure nobody wants that at this point. they can still negotiate while this order is in place. but as you can imagine, they will both be busy trying to present their case. as i understand, a week from now, could see the threat of another strike or the governor will issue that 60 day cooling off period. >> thanks so much. >> the news of a strike alerted is a big relief for bart riders. this morning's commute will be normal for tens of thousands of people. sue kwon joins us live with more on that end of the story. >> reporter: good morning. normal means bright and early. the first train left about 4:20 this morning. and passengers were relieved. about 400,000 passengers a day were impacted during the last strike over that july 4th weekend. rider ship tripled to about 8,000. cal train added 2,000 travelers. buses and shuttles had to turn people away. and lines formed two hours earlier than normal for people who had 6:00 and 7:00 a.m. starts. commuters had a whole weekend of worries. >> i don't really know whose side to be on. i was talking to somebody who works for bart and i just don't know. all i know is i want to be able to take bart. >> i hope they work it out. because i rely on bart to get to where i need to go cause i don't drive. it's very important to me that i can get to where i need to be and stuff like that. >> reporter: and that man who this strike is affecting the most. people who work from home and not telecommute. a sigh of relief for many hearing the bart strike will not happen today. reporting live, sue kwon, kpix 5. >> hundreds and thousands of commuters are on an on going game. if the strike happens again, face a possibility waiting for buses. this was the scene in san francisco during the first strike back in july. why not get more buses? we put that question to one of the directors of the transportation commission. >> in order for us to be prepared for a bart strike, we need to put a million dollars on the table and that strike may or may not happen and that million dollars would go away. >> he admits they have a money but because of a political issue with members who don't want to be seen as strike breakers. the only way to get the contract dispute settled. >> our coverage of the bart contract talks continues online kpix.com/bart. >> 4:35. no bart strike. and how about weather? >> weather looks good. lawrence decided to take the week off. here we are to the rescue to keep you up to date. usual fog and low clouds along the shore line. a little more drizzle. cool this week. the temperatures now 53. mountain view 61. and pacifica 63. a lot of fog around the bay area as for usual since the latter part of june. another day much as we have the past few weeks. fog and drizzle and forecast highs this week that are well-off average. 67 on average in san francisco. but today we manage only 61. so temperatures today from about 6 to 10 degrees below average highs. the entire forecast and a cool week ahead. here's liza. >> no bent metal so far. and it's great news for local transit. first bart trains are on time. and we've got mobile 5 up and out driving along highway 24. it has been open between the oakland area. bay bridge commuting leaving oakland into san francisco. it is still wide open at the poll plaza. no traffic delays for the bay area and no bart strike for now. >> thanks. 4:37. several american embassies in mostly muslim countries have been shut down. many of them will remain closed until the end of the week in response to what some say is the most credible terrorist threat since 9/11. >> there was extra security surrounding the two dozen american embassies across the muslim world closed because of a terror threat. intercepted conversations between high level people planning a major terrorist attack. >> there's been chatter out there. chatter means conversation among terrorists about the planning that's going on. very reminiscent of what we saw pre9/11. >> there are roadblocks leading to aremin. the al-qaida affiliate charged with attacking americans. 18 others mostly in the middle east will be shut down through saturday. the state department says it's out of an abundance of caution. >> we know a lot more about the when than the where. and you can tell that from the breath of the closures. but the when was very specific in terms of a sunday. >> cbs news learned a team of terrorists is in place to carry out a new attack. u.s. agencies are rushing to disrupt the plot. >> the only way to stop plots is to stop people. find the operatives who are responsible for this and capture or kill them. >> there is a travel alert through the end of the month. americans being told to go overseas are asked to be careful. cbs news. >> the san francisco police department says it is on heightened terror alert. the department is monitoring the situation and deploy resources if necessary. they say they are working with other law enforcement agencies around the bay area as well. no direct threat to the city. >> 4:39. new this morning. the company that provides ambulance services has filed for bankruptcy protection. rural metro filed for chapter 11 yesterday. just days after it made good on more than $2 million in fines and other payments. the bankruptcy filing includes a deal with lenders that will allow the company to keep operating as normal. provides private ambulance or fire service to 700 communities in 21 states. more bay area headlines now. the city of pano l is reconsidering a federal fire fighting grant. the council accepted it back in january, then later refused it over concerns it could cost $400,000 a year. council members say there may be room for it in the budget after all. set to go over a new grant proposal august 20th. there were no winners this weekend for the big power ball drawing. someone got very close. their ticket matched all the numbers except the power ball number. the ticket's estimated to be $1.1 million. it was bought from landis arco service. the jackpot rolls over to wednesday. that lottery is worth $400 million. >> i'm in. >> yeah, really. a sill icon valley giant will step in. mark zuckerberg is scheduled to speak. the film documented shares stories of immigrants living in the u.s. illegally. his talk on immigration is expected to gop beyond obtaining visas for high tech workers. sponsored by political action group fwd.us. >> it is 4:41 on your monday morning. plenty of jobs but no one to fill them. how northern california farmers explain a worker shortage. >> and courtroom drama of a suspected mob boss starts final chapter today. ,, boss whitey bulger... with a y to get the 4:43 now. closing arguments begin today in the mob boss whitey bolger. declined to take the stand in his own defense. terrel brown explains why that left a bitter taste in many mouths. >> reporter: whitey bolger. once one of the most powerful gangsters in boston told the judge staying silent was not his idea. i feel i've been choked off from having an opportunity to have an adequate defense, he said. as far as i'm concerned i didn't get a fair trial. this is an sham. his decision not to testify was a crushing disappointment for victim's families who wanted prosecutors to grill him on the stand. >> biggest coward to ever walk the streets. >> 72 witnesses testified. their stories resembling a script from a movie. gruesome accounts of killings including a brutal one about debra davis. the girlfriend of his right hand man. fearing davis knew too much, bolger wanted her dead. and told a courtroom how bolger killed her. he grabbed her by the throat and strangled her. strangling her all the way down to the base amount. often took naps after murdering people. maybe he was physically exhausted from it. i don't know. maybe he would get high on it. prosecutors charged bolger with rackateering. he's likely to spend the rest of his life in prison. cbs news, new york. >> today's closing arguments may last 7 hours in length followed by what could be days of deliberations starting tomorrow. >> 4:45 now. one person is dead from being run down by a car in southern california. you can see the car speeding into the crowd saturday evening. 11 other people injured. one of them critically. a husband and wife who were vendors say they narrowly escaped death when the driver accelerated toward them. >> i told me wife are you okay? are you alive? she was so back right on the grass. >> [inaudible] after us and continue to hit the people. >> the 32-year-old woman killed was on a honeymoon trip from italy. >> major league baseball is expected to announce it's suspending 14 players. all the result into the probe of a florida clinic. the highest profile among the players is new york yankee alex rodriguez. his suspension is reportedly for the rest of this season and all of next season. if he decides to appeal, he can keep playing during that process. -- if he decides not to appeal rather. he could be back in the line up tonight. >> i can't wait to see my teammates. feel like i can help us win. >> rodriguez had off season hip surgery and played over the weekend for the yankee's farm team. this evening the game would be his first in the major leagues this season. so if he appeals the decision, he can stay in the line up. if he doesn't appeal, major league baseball will give him a break. he's got to figure it out. >> yeah, he does. we're going to figure out the weather. >> slaving over a hot weather computer to come up with this forecast. temperatures this morning mostly in the mid to upper 50s. looks like it's starting out the past couple weeks. and the added element of drizzle. especially near the shore line. coming out pretty good over the golden state bridge. temperatures mostly in the mid 50s. overcast skies and not much in the way of visibilities. this afternoon, sun and clouds around the bay. very pleasant inland and usually cool. still going on at around pleasanton and dublin. and that's kept us usually cool. it's going to begin to nudge toward the coastline. the future cast fog is showing the fog slowly peels back later in the day. it will linger closer to the coastline and through the golden gate. pinpoint forecast, we'll look at mid 70s in the south bay. 74 in sunnyvale and 84 in morgan hill. vallejo 73. up in the north bay nice. mid 70s. south just in the 60s. extended forecast, the usual . fog and low clouds in the morning and sun in the afternoon and cool it down until we head toward thursday and friday. and saturday and sunday, we'll get warmer temperatures. a little bit of sunshine and let's see if there's any trouble on the road ahead. >> it's a smooth commute so far with no major accidents out there. all of our bart trains are on time. no bart strike this morning. they are offering full service and on a weekday schedule. muni, cal, train, everybody is off this morning. 880/237 commute, no major construction for both of these roadways. mobile 5 is up and out rolling across the bay bridge where everything's been wide open across the upper deck. no traffic delays it's it heads toward the san francisco area. southbound traffic looking good heading into the city. and over at the bay bridge toll plaza, has been wide open. metering lights is still off. heading towards the city. san mateo bridge, same story. westbound traffic moving at the speed limit leaving hayward heading towards foster city. now to frank and juliette. >> time is 4:50. there is a shortage of farm workers and could affect how much you pay for produce. explains why some sacramento area farm workers believe there aren't enough people to fill the jobs. >> there are certain times in the springtime we had a hard time where we couldn't plant our crops because of the fact we didn't have anyone. >> the family has owned the farm for the past 60 years. this is the first year they've struggled to find all the workers they need. >> can't make money. it's just going to cost more for the product. >> with not enough farm workers available, ray loses money. >> would you want to wake up at 3:00 in the morning to come to work and start at 5:00 in the morning and workout in the hot sun for 100 degree temperatures. it's hard to find people to do that. >> there lies the biggest issue. >> we don't have enough. there's not enough people to come help work on the farm. >> jesus moved to america when he was 9 years old. now 22, he says a lot of people ask him about his job. >> they say where am i working, what am i doing? i tell them that and they want to do it. >> farm workers can make around $14 an hour. some forman make 60 to $100,000 a year. the work is hard and people are scared to come to america because they don't know what to expect. >> they don't want to risk coming here and not knowing a lot of stuff. not knowing how to speak english or how it's going to be. >> even with the job less numbers showing millions are out of work, doesn't mean they want to work in agriculture. >> can't force people to work. >> farm workers are in such high demand. we're told some just stop coming to work when they find a farm that pays more money. >> a little boy with only a few weeks left to live. the special role he played. it guides you to a number that will change your life: your sleep number setting. it will give you the soundest sleep you've ever had. it's a bed so intuitive it even knows you by name. now it's easier than ever to experience deep, restful sleep with our advanced dualair technology you'll only find in a sleep number bed. at the simple touch of a button, the sleep number mattress adjusts to your ideal level of comfort and support, with exceptional pressure relief on each side. experience the newest innovation from sleep number: the only bed that knows you. and there's only one place in the world you'll find the sleep number bed: at one of our over 400 stores nationwide, where queen mattresses start at just $699. and right now our newest innovations are available with 48-month financing, including the sleep number memory foam series. sleep number. comfort individualized. take me out to the ballgame but bring me a hand warmer and a thick jacket. cloudy and cool when the giants take on the brewers tonight at 7:15. >> and we've got mobile 5 cruising the lower deck of the bay bridge where everything is wide open. traffic continues light down the bridge heading towards the oakland area. more traffic for you in just a few minutes. >> good time to drive into work. thanks. 4:54. research study shows more young adults are living with their parents. 36% of americans age 18 to 31 are living with mom and dad. that's the highest percentage in four decades. 40% of men live with their parents compared with 32% of young women. microsoft co-founder and under thinkers are set to release album. album titled everywhere at once will be donated. >> a bitter sweet wedding ceremony for a couple in pennsylvania. their two year old son logan served as best man. logan suffers from a rare terminal illness and has only weeks to live. but his mother and father wanted to make sure he saw them get married. moved up the wedding date so he could take part. >> this is our dream come true. all our family together and we're all together celebrating. >> donations poured in. the wedding was planned in a week. there's a fund set up to help pay for logan's medical expenses. >> coming up, developing news overseas. why the state department closed additional embassies this morning. >> reporter: governor jerry brown puts a stop to the bart strike for now. the new assignment he has for bart and the two unions. ,,,,,,,,,,,, is is sl the next 7 days, the trains will run. >> a break for commuters. the governor steps in to avert a bart strike. >> good people can get to their jobs. >> both sides remain far apart. >> we have been here for the last 24 hours and only got a very regressive proposal from bart. >> this is not a union busting offer. this is not a union busting board. >> this guy had an intent to create mayhem. >> a driver plows into the crowd at the venice beach board walk killing a tourist. >> reminiscent of what we saw pre-9/11. >> i feel like i can help us win. >> major league baseball told the new york yankees alex rodriguez will be suspended but can still play while appealing a suspension. >> from across the bay to around the world, the stories that matter on kpix. >> monday is upon us. august the 5th. good to have you with us. >> good morning. michelle is off this morning. we're going to get a look at weather and traffic. here's brian in for lawrence. >> lawrence is off too. decided to take a day or two off. outside this morning, we've got fog and drizzle as we look live toward the bay bridge. we're going to be cooler than average. 59 in livermore and 52 in santa rosa. there's drizzle out there and plenty of fog filling in the bay. because of that, temperatures to run from 5 to 10 degrees. only 80 degrees. santa rosa 73 today . and the complete forecast and a cool look ahead coming up. here's the latest on traffic. >> hey there, good morning, everybody. if you haven't heard by now, no bart strike, at least for now. more on that in a few minutes. bart reporting no delays. they are offering full service. no problems, either for muni, cal train

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