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Jury Questions Arias Psychologist; Changes at "The Tonight Show"; Biden, Bloomberg Push Gun Control; Gun Photo Leads to Raid on Home

Aired March 21, 2013 - 13:30   ET


TED ROWLANDS, CNN CORRESPONDENT: Yes. He's had some problems on the stand. He's been on there for several days and he's been grilled by the prosecutor here, Juan Martinez. Some of the problems he's had some errors in his report come out, and also lost his composure during the grilling in the last few days. He has a tough job. He's trying to convince these jurors that Jodi Arias, who can't remember everything on the stand, can't remember stabbing her boyfriend 29 times. He will be back on the stand in a few minutes, taking those questions.

FREDRICKA WHITFIELD, CNN ANCHOR: And there's new interrogation video that surfaced of Jodi Arias. Tell us more about that.

ROWLANDS: Yes. You'll remember the first video that showed her doing a handstand. That was a small snip-it released by the sheriff's department locally here. Now we have six hours of it. And there's more of the same. There's her sitting on the ground. There's her on the table with her head down. At times, she is smiling. At times, she's crying. And at times, she's actually singing. Take a listen.




ROWLANDS: There you have it, a little Jodi Arias singing. She actually won a singing contest apparently in the local jail here. The jury did not see that part of it.


WHITFIELD: All right. So now how much longer is the trial expected to last? Because we know that she was on the stand for a very long time, more than three weeks over that stretch of time. Still, psychologist back on the stand entertaining questions from the jurors. When might the jurors actually get this case?

ROWLANDS: Well, it's a good question because there have been so many delays in this case and some of these witnesses have taken a lot longer. Yesterday, we had a delay because someone actually threw up in the courtroom. They had to clear the courtroom and cancel the day's testimony. It looks like about two to three weeks before the jury gets this trial -- before the jury gets this case and starts deliberating. But that's just a guess.

By the way, Fred, the local county here has already shelled out $800,000 for her defense. As this continues, that meter keeps running. And taxpayers here are not happy about it.

WHITFIELD: Very expensive case.

All right. Ted Rowlands, thanks so much.

All right, is "Tonight Show" returning to roots in New York? Rumors are swirling that Jay Leno may be out. And we'll tell you who might be stepping in.





WHITFIELD: "Money" by Pink Floyd. And starting today, you can hear the full recording at the Library of Congress. The library is adding "Money" and Simon and Garfunkel's "Sound of Silence" and 23 other pop recordings to the official audio registry. The library announced it chose the music because of their, quote, "culture, historic importance to America's legacy."

Let's talk late-night now. Jay Leno reportedly out, Jimmy Fallon in. And according to "New York Times," the "Tonight Show" is moving back to New York City. Here's Fallon's take on the report of the switch.


JIMMY FALLON, HOST, LATE NIGHT WITH JIMMY FALLON: Before we get started I have to talk about the rumor that came out today, which says that I'll be moving up to 11:30 or as my parents call it, still too late.


Actually, the rumors are true. NBC is turning the "Tonight Show" into a diving competition.


So exciting.

WHITFIELD: Our Nischelle Turner has details.



NISCHELLE TURNER, NBC NEWS ENTERTAINMENT CORRESPONDENT (voice-over): Could the "Tonight Show" be returning to New York? And with late- night Jimmy Fallon taking over for Jay Leno? According to various reports, it might happen fall 2014. No official word yet, but NBC is building a brand new New York studio for Fallon who already broadcasts from the Big Apple.

FALLON: Thank you for tuning in.

TURNER: The dramatic cross-country move would take the late-night talk show back to its roots where Steve Allen, Jack Parr and Johnny Carson held court from 30 Rockefeller Center.


ANNOUNCER: Live from New York --


ANNOUNCER: -- "The Tonight Show."


TURNER: In 1972, Carson, looking for easier access to Hollywood guests, took the show to the west coast. So why go back to New York?

JOE FLINT, MEDIA REPORTER, LOS ANGELES TIMES: That's his comfort zone. That's where Lauren Michaels, who oversees his show, is. These days, air travel is a lot easier and a lot of stars are in New York as well. I don't think that will hurt him too much.

TURNER: "Los Angeles Times" writer, Joe Flint, says don't forget that other Jimmy.

FLINT: Advertisers pay more for younger viewers. And Jimmy Kimmel, since moving to 11:30 from midnight, is making inroads in that audience. NBC wants to get Fallon in there sooner, rather than later before Kimmel gets too established.

TURNER: Kimmel spoke to CNN's Jake Tapper about Fallon taking over the "Tonight Show."

JAKE TAPPER, CNN CORRESPONDENT: There's talk about Mr. Leno's departure, although I've read those stories before.

JIMMY KIMMEL, HOST, JIMMY KIMMEL LIVE: I know. You know, you read stories and you really never know if they're true or not unless you hear it from somebody over there.

TAPPER: Do you think it's a direct -- it has to be a direct response to you coming.

KIMMEL: God, I hope so. I really hope --


I don't know. I have no idea. I mean, obviously NBC is looking to move on because they did it once already. This would be the second time that this has happened. So, I mean, it makes perfect sense. Jimmy Fallon is doing a great job and he's very popular. Eventually, it's going to happen one way or the other.

JAY LENO, HOST, THE TONIGHT SHOW: So we drove all the snakes out of Ireland and came to the United States and became NBC executives.


It's a fascinating story.

TURNER: How does Leno feel about this?

FLINT: Jay is still number one, but his grasp for the audience has slipped a little bit, and he knows he won't be in this job forever. And there was always a little bit of tension between Jay Leno and Conan O'Brien that doesn't really exist between him and Jimmy Fallon. There's better relationships there all around.

TURNER: In fact, according to the "Hollywood Reporter," Fallon called Leno to smooth things over and ease the transition of coast and host.


WHITFIELD: That was rather clever.

Nischelle, joining us now.


So, Jay Leno, he's been the middle of this late-night dispute before. Of course in the piece you remind us of that. So might it be that the end is near for Leno on late-night?

TURNER: You know, interestingly, Fredricka, I think one of the worst kept secrets in Hollywood is that Jimmy Fallon will replace Jay Leno at some point. The question has always just been when. And it looks like it could now come sooner rather than later.

But here's the issue that the executives at NBC have. Jay Leno's still number one. We heard that in the piece as well. It was dicey when you had the situation with Conan. And more than likely, if he continues to be number one, it will be dicey with the situation with Jimmy Fallon too.

WHITFIELD: OK. So what about the report of moving back to New York? Anything more to that?

TURNER: Well, you know, I think that's the interesting thing here. Will the "Tonight Show" actually move back to New York? I think that should have been the big headline rather than will one replace the other.

It could happen. It definitely could happen. And there is a sense now and a bigger question that's kind of looming here in Los Angeles, is Los Angeles starting to lose its grip on the entertainment industry, which it was once thought you had to move here to get the celebrities. You don't have to do that so much anymore. And also film and television production are leaving for places like Atlanta, where you are, or like New Orleans. Places where, frankly, it's cheaper to produce.

WHITFIELD: That's right. All right.

Thanks so much. Always good to see you.

TURNER: Absolutely.

WHITFIELD: An 11-year-old boy holding what appears to be an assault weapon. This picture prompted police and child services to raid one family's home. We'll show you how it all played out next.


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GUPTA: Meet Dr. Leslie Saxon this Sunday on "The Next List."


WHITFIELD: Vice President Joe Biden teams up with New York Mayor Michael Bloomberg to push for new gun control laws. They held a news conference a couple hours ago along with some parents of children killed in the Newtown school massacre. The vice president talked about the Connecticut shootings in making the case for tougher gun laws.


JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: This is not a constitutional issue. You notice, when the ban was in place last year, there was no constitutional challenge that went anywhere to existence to the ban. Let's get this straight. This is not about anybody's constitutional right to own a weapon. For all those who say we shouldn't and can't ban assault weapons, for all those who say the politics is too hard, how can they say that? When you take a look at those 20 beautiful babies and what happened to them?

(END VIDEO CLIP) WHITFIELD: The fierce debate over gun rights and gun control is playing out across the country. And in some very unexpected ways. A New Jersey man says social workers and police showed up at his house after he posted this picture on Facebook of his son holding a rifle. He says the gun is legal. And his attorney accuses authorities of a heavy-handed raid on the man's home. So what are your rights in a case like this?

Avery Friedman is a law professor and attorney specializing in civil rights. He's joining us right now from Cleveland.

Good to see you, Avery.


WHITFIELD: Obviously, the anonymous call by someone appalled with this Facebook pose of an 11-year-old with a supposed assault rifle.

FRIEDMAN: It's very interesting. I think it's an extraordinary case because, until such time as Vice President Biden and certainly the Congress actually gets to the point of outlawing such weapons, they are legal. And in New Jersey, the question really became, is it unlawful for a child to be posed in a Facebook photograph. So what the local officials did, Fredricka, is there was a raid on the house of police and children services. Once the owner of the home, the father of this child called his attorney, the attorney says you've got to get out of the house until you get a warrant. So law enforcement left. It's this convergence of government trying -- jittery about the guns in the wrong hands, against the right to be protected against the right of search and seizure and the First Amendment right of expression.

WHITFIELD: So we're talking about a so-called raid taking place without a warrant. Say there is a warrant then involved, is it justified to be able to go into the home, search, because of this picture posted?

FRIEDMAN: Well, the question is whether or not a judge is going to determine that this probable cause substantiates a crime. There is no crime in posting this kind of picture. If it were pornographic, for example, that would be different. But merely posing -- having a child pose holding a weapon standing alone does not constitute a crime as a general rule. It's protected under the First Amendment. So it's really unlikely that a judge is going to grant a warrant for a search.

WHITFIELD: Even if child protective services were trying to make the argument that a child's life is in jeopardy simply by virtue of the fact a child is holding a weapon that appears to be a semiautomatic?

FRIEDMAN: Yes, that's the construct by law enforcement. Look, you shouldn't have guns in the home, a child could be jeopardized, that's a form of abuse, we need to get in the home. That's the argument that's going to be made but, at the end of the day, Fredricka, there's simply no way that this kind of raid would ever be permitted. And I think it's unlikely a court's going to grant a warrant because, what's the crime?

WHITFIELD: So case closed?

FRIEDMAN: No. The family's actually thinking about doing something about it, saying their rights under the Constitution were violated. That's chapter two. We don't know what's going to happen with that yet.

WHITFIELD: Avery Friedman, thanks so much for joining us. Good to see you.


WHITFIELD: And see you this weekend, noon eastern time, Saturday.


Even people who don't care about college basketball can get caught up in this whole March Madness thing. Fans stream so much, game video on the job can actually crash computer networks. Meet a man working to keep the systems running.


WHITFIELD: All right. Let the games begin. March madness in full swing with a win in the final play-in game last night, La Salle became the last team to make it to the NCAA field of 64. Today is the first full day of action, and you can catch all the games on TV or stream them live on your computers and Smartphones. Will this add up to system overload, and how are tech companies actually preparing for all this?

Dan Simon reports.


DAN SIMON, CNN CORRESPONDENT (voice-over): This is Kip Compton.

KIP COMPTON, CEO OF VIDEO AND COLLABORATIONS, CISCO: Really about planning and network design.

SIMONS: He's got an engineering degree from MIT and is a high-level executive at Cisco.

COMPTON: I'm CEO of Video and Collaborations.

SIMON: He knows what it takes to keep computer networks up and running, especially when they are being overtaken by data-hungry devices streaming NCAA basketball.

COMPTON: It's almost like a traffic jam. Like, you have wide-open lanes, but if you have a lot of people streaming, you have a lot of cars in the lane to slow things down.

Road is built to carry a certain number of cars. Kind of like when a game gets out at a stadium, there are going to be a traffic jam. SIMON: Cisco has its own basketball court and seemed like an appropriate place to talk March Madness, or as he calls it, March Network Madness. According to a recent survey, more than one-third of all companies will take action to prepare for it. Some will even ban streaming video.

(on camera): Explain, then, what is March Network Madness?

COMPTON: Well, it's when work is disrupted, not so much because people are distracted by the games, which happens regardless of how your network works, but when other people who aren't even interested in march madness have their jobs close down. They can't access their e-mail, they have trouble surfing the web.

SIMON (voice-over): In other words, it's when you've got a bunch of people sitting at desks, who aren't working and streaming the games that can cause the company's Internet to come to a screeching halt. By the way, in TV news, we call this file video. They are not really watching games.

COMPTON: I think each company needs to decide, but at Cisco, what we do, is allow employees to do these things and are accountable for their productivity, but we allow them to access these kind of content.

SIMON: Enjoy, Cisco employees. And for everyone else, check with your I.T. manager or try not to get caught.

Dan Simon, CNN, San Jose, California.


WHITFIELD: And, of course, March Madness continues today. Watch every game live on TruTV, TBS, TNT, CBS, and

And it's hard to believe, but Twitter celebrating a milestone today. The social network turning seven years old. We look back at some of the most notable tweets so far. Some touch peoples' hearts, others got people fired.