For two killer fugitives is now over. One dead the other hospitalized. Sweat fled on foot with the sergeant in pursuit. How a searhero sergeant ended the pursuit. Also banked shuttered, atms out of cash. What a debt crisis in greece means for all of europe and your retirement account. And is the gop split over samesex. Its fundamentally illegitimate. Its wrong. I believe in traditional marriage but the Supreme Court has ruled and its the law of the land. So this divisive issue actually help republicans . Lets talk live in the cnn newsroom. And good morning. Im carol costello. Thank you so much for joining me. Relief washing across Northern New York state as countless residents chalk up their best nights sleep in more than three weeks. The manhunt for the two escaped killers finally over. 23 days after breaking out of prison david sweat is hospitalized in Critical Condition this morning. He was shot twice while running from a state Police Sergeant. And nearly disappearing into thick woods. More importantly, sweat was just two miles from the Canadian Border. His capture comes just two days after fellow escapee richard matt was spotted by police and shot to death. While his death with his death, rather investigators are hoping sweat can survive and reveal how the two orchestrated such an lab tratelaborate escape plan. Were covering this story from all angles. Lets begin with cnns sara ganim outside Albany Medical Center where sweat is being treated. Good morning. Reporter good morning, carol. Yeah no change in condition since he was brought here last night. Still in Critical Condition. The governor telling cnn this morning hes in critical but stable condition, and the state Police Telling us that he is beginning to talk a little bit, which is important because investigators are going to want to interview him to know not only how did they pull off this brazen escape but how did they stay on the run for nearly 22 days in sweats case . Was there anyone else helping them . We know two people who worked inside the prison have already been charged but were there more helping them pull off the escape. Across this region which has been effectively shut down at times with road blocks and housing searches theres a collective sigh of relief as this comes to a close, including a sigh of relief from his mother. I felt like a big lift was off my shoulders that he was captured and he is alive. My son knows if he would have came here i would have knocked him out and had them guys take him to jail by themselves because thats just the way i am. I have always done it to him when he was bad. David sweat was not armed when he was captured yesterday. He did have some things on him though. He had poptarts, bug spray, and maps carol. Those two last things particularly interesting given that the rough terrain that he were navigating over the last three weeks as they made their way out away from the prison, and just to give you some perspective, he was about two miles south of the Canadian Border about 16 miles away from where his partner, richard matt was shot and killed. You know 1300 different searchers involved in this carol. At the end of it though it all came down to one state Police Sergeant who spotted him and was able to capture him and keep him alive. Carol . Absolutely sara ganim reporting live this morning and praise is flooding in this morning for that state Police Sergeant jay cook. The hero cop who single handedly captured sweat. A 21year veteran. He spotted sweat jogging along the road less than two miles from the Canadian Border. Sergeant cook called out to sweat from inside his car. The fugitive took off running. Cook got out of his patrol car and gave chase and then opened fire. The new York Governor Andrew Cuomo spoke to cnn a couple hours ago. Sweat turned around, started to run. The state trooper sergeant chased him through the field. They were only about a mile and a half from the Canadian Border. Sweat was headed for the border and a tree line. The trooper knew he would loose him in a tree line he couldnt catch sweat. At one point he goes down on one knee and he fires two shots at sweat stopping sweat. Lets bring in cnns Polo Sandoval in constable where the manhunt finally ended. Tell us more polo. Reporter carol, good morning to you. There is this sense of relief in the communities here in upstate new york. I can tell you that really the people here followed very closely that threeweek manhunt that played out like a hollywood movie and then ended in a dramatic scene in the field you see behind me. This is actually where that Police Sergeant with the new York State Police and this very dangerous individual this convicted cop killer went head to head but there is though really a sense of not only relief but also a sense of normalcy. You see this manhunt was obviously very scary for the individual that is called this area home but also to a certain extent even inconvenient with a series of road blocks and School Closures during the early stages. For a family about four hours south of here carol, the manhunt was extremely personally. Im talking about the family of deputy kevin tar see ya from broom county new york. You see hes a sheriffs deputy that was brutally shot and killed by david sweat in 2002 during fourth of july perfect. After this escape wounds that look a long time to heal began to hurt again. We heard from the family releasing a statement thanking the estimated 1200 men and women who were searching for these dangerous individuals and wevent went on to reflect on that tragic day. To have someone you loved shot ambushed shot 15 times and then run over with a car simply for stopping to check unusual activity in a town park is a main no one can understand if you have not been through it firsthand. This come froms the tarsia family. This weekend, carol, we expect they will be back out there honoring their loved ones memory and reflecting on what played out in this corner of the country. Polo sandoval reporting live. Thanks so much. After 23 days on the run its hard to believe david sweat was so exposed and out in the open. Even more amazing that Sergeant Jay Cook was able to take him down a steady hand and two shots before he was able to disappear into the woods. Joining me someone who knows the intensity of a manhunt like this former fbi specialist rick shawain. Thank you for joining us. Great to be with you. Nice to have you here. It is Pretty Amazing with hundreds of officers scouring the woods, it was a solo cop that spotted sweat. What a fantastic effort by led by the new York State Police a combined effort of local, federal, state, and tribal Law Enforcement agencies as well as im sure coordination with our canadian koub ter parts just across the border. Just a great feat of Law Enforcement to get both of these extremely dangerous men who had killed without comepunction and would have killed again if not for the actions of Sergeant Cook so what a great end pentagon. I was surprised Sergeant Cook was out patrolling by himself. Are you . Not so much. I mean the rudolph case ended in a similar manner with a Rookie Police officer, a 19yearold murphy North CarolinaPolice Officer on patrol who encountered him, relied on his training and did all the right things. There are 800,000 people in this country that every morning get up and put on a uniform, strap on a gun, and pin on a badge and serve as that thin blue line between evil and the public they serve. Its not that surprising. As the governor indicated, Sergeant Cook was a shift supervisor. He was on the perimeter. He was checking the perimeter. He was undoubtedly moving from station to station checking on his guys and he encountered this guy. It tells me there was a good plan in place, and Sergeant Cook was obviously extremely well trained, extremely competent and did all the right things to bring this to an end. Are you surprised that david sweat was out in an open field jogging along the side not at all . No . Not at all. He was obviously trying to move very quickly. People are creatures of habit. One of the things that happens in a lot of these manhunts is folks go to areas they can very quickly cover Ground Railroad beds fire breaks power line rightofways, places that theyre unobstructed and they dont have to break brush. And they have this feeling of i can move quickly but then dart into the woods, which he apparently was trying to do when Sergeant Cook ended his flight. And just the way he was caught he was in camouflage he was not armed which actually surprised me, but he had a backpack. He had poptarts in there and maps. What does just his general appearance tell you about those 23 days on the run . Well he and his matt were semi resourceful. They were able to get to cabins to meet some of their basic needs of shelter, clothing food water, and you can remain on the run for a relatively lengthy period of time if you can meet those basic needs. But he was obviously expending many more calories than he was taking in. He was tired. He obviously was had a plan had maps knew roughly where he was, and correctly by the new York State Police they indicated a couple 72 hours before he was caught that they thought he was headed northwest towards the Canadian Border and thats exactly where they found him. All right. Rick thank you so much for your insight. I appreciate it. Still to come in the newsroom, the Greek Economy on the brink of collapse. A day from possible default and history the bad way. And, yes, that could hurt your 401 k . When you dont get enough sleep. And your body aches. Youre not yourself. Tylenol® pm relieves pain and helps you fall fast asleep and stay asleep. We give you a better night. Youre a better you all day. Tylenol®. My advice . Look on the bright side. With aveeno® skin brightening scrub. It has moisture rich soy and gentle exfoliators for brighter more radiant skin. Aveeno® naturally beautiful results®. All right. Breaking news to pass along to you right now. More key decisions out of the u. S. Supreme court this morning. Pamela brown is there. Two rulesings have rulings have come forward. What are they . The first one that has come out today is a major ruling on a lethal injection, and today the high court in a majority opinion, 54, cut along ideological lines, ruled that the controversial drug used in lethal injection does not violate the constitution. Challengers to this drug had said that it equates to cruel and unusual punishment and that its a violation of the constitutions eighth amendment, but today the justices said in this majority that the petitioners failed to establish merits of claim, that the use of this drug violates the eighth amendment. Also it talked about the compelling evidence that the other side brought forth saying that a certain dose of this drug guerin at this guarantees virtual certainty they will not feel pain. Justice breyer raised the question of whether the high court shuz takeould take up the constitutionality of the Death Penalty. This is what he said in his dissent. He said for the reasons i have set forth in this opinion, i believe it highly likely that the Death Penalty violates the eighth amendment. At the very least the court should call for full briefing on this basic question. Important to note this case was not about the constitutionality of the Death Penalty but Justice Breyer raising this question here today with this ruling upholding the use of this controversial drug thats used in lethal injection. Testifies used during the botched execution of Clayton Lockett, as you may remember carol. That was a little over a year ago, and that is partly what led to this case making it up to the high court and this ruling today. Carol . All right, pamela brown reporting live for us. I know youre reading through the second key decision and well get back to you once you have done that. I want to bring in Jonathan Turley a professor of law at George Washington university, also a constitutional scholar. Thank you so much for being with me. Just to make it clear for people how someone is put to death in this country, its a threedrug cocktail right . Theyre sedated first, the next drug paralyzes them and the third drug kills them but this particular Supreme Court decision centered on the first drug, a set tiff. Dative. Thats right. And actually the states have had trouble with this drug because the drug they prefer has been withheld in the manufacturer. There was an International Outcry for companies not to intri supply drugs for lethal injection and that was successful. The states had been running around to try to get the drugs they need to carry out executions and then there was a botched execution using this very drug where the inmate was clearly suffering or at least writhing during the execution. But the outcome is not surprising here. What is a little surprising is breyers dissent where he really confirms that many of these decisions are a substitute for the bigger question. You know should Death Penalty be constitutional . And Justice Breyer is saying im not satisfied that question is answered. I think we need to look at that when we look at these types of drug regimen cases. Thats interesting. And by the way, just so people just want to refresh our viewers memory Clayton Lockett was a killer in oklahoma. Took him 43 minutes to die. He was writhing on the table and grunting and making sounds at times and finally he died. And i guess they took it to the u. S. Supreme court because it violated the amendment that applies to cruel and unusual punishment. Right, the eighth amendment. How could someone take 43 minutes to die and that not violate the constitution . The state has said this was botched, that they i believe say they missed the vein or the vein collapsed. But their argument is that doesnt mean that the protocol the regimen itself is cruel and un unusual. I thought it unlikely they can declare this hundred constitutional unconstitutional. On one hand theyre trying to revent the drugs from getting to the states but the states are saying all this effort is meaning we have to improvise a little and youre making it more likely there will be these types of problems. The court basically said this was far off the mark. For something to violate the eighth amendment, you need to show more than a botched execution, and this just isnt it. And i think thats the reason Justice Breyer is saying lets stop pretending were argue being what drugs to use. We need to do straight on the question of is it time for the United States to declare the Death Penalty unconstitutional . All right. Jonathan turley thank you for your insight. I appreciate it. Ill be right back. It takes a lot of work. To run this business. Im on the move all day long. 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