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Details of North Korea's Missile System; Continuing Investigation Into Texas Attorney Murders; Behind the Court Ruling on Plan B; More Fallout From Rutgers Coach Abuse Video; Family Rescued from the Everglades; All Eyes on North Korea's Coast; New Details in Colorado Massacre; Anticipation High for "Mad Men"; Kevin Ware Has Letterman's Top Ten

Aired April 6, 2013 - 08:00   ET


MIGUEL MARQUEZ, CNN ANCHOR: Good morning, everyone. I'm Miguel Marquez. It's 8:00 in the East Coast, 5:00 out west. Thanks for starting your day with us.

First, North Korea is ramping up its threats, showing off its military might. We're hearing it's loaded missiles on to launchers on its east coast. Washington and South Korea are not taking any chances. They're closely watching all this unfold and getting ready in case Pyongyang attacks.

Let's go to CNN's foreign affairs reporter Elise Labott.

Elise, what is the White House response right now?

ELISE LABOTT, CNN FOREIGN AFFAIRS CORRESPONDENT: Well, Miguel they're really trying to cool down the rhetoric. I don't think they anticipated in the last few days how heated things would become. So you've heard over the last couple of days while they say that they're going to defend their U.S. allies and the homeland with some of these military moves they've been taking, they're also trying to emphasize diplomacy.

Still Miguel, they're expecting North Korea to take some type of action. Let's take a listen to White House Press Secretary Jay Carney who said the U.S. really wouldn't be surprised if there was a missile test. As you know over the last couple of days, North Korea has launched missiles onto its launchers. Take a listen to Jay Carney.


JAY CARNEY, WHITE HOUSE PRESS SECRETARY: It would fit their current pattern of bellicose, unhelpful, unconstructive rhetoric and actions. We urge them to stop with the provocations and to focus instead on meeting their international obligations and feeding their own people.


LABOTT: So Miguel, Secretary of State John Kerry headed out for a trip later in the week. He will be in Asia. He'll be visiting Japan, South Korea and China, really trying to look past this latest escalation and try to think of a diplomatic way forward. The U.S. realizes they're not going to solve this militarily and they're hoping that they can dial down the rhetoric and even get North Korea back to the table at some point.

MARQUEZ: Always as is the case with them. Is it possible, are they hopeful they can engage North Korea, always difficult to engage or is this Kim Jong-Un trying to prove something?

LABOTT: Definitely he's trying to prove something. He's new. He has to prove something not only to the international community, but more importantly to his own people. He seems to be the threat is coming a lot faster and sharper than his father, Kim Jong-Il but there is a pattern, a cyclical pattern to North Korea in which they make these bellicose threats. They do take some kind of action.

Ironically Miguel some kind of missile launcher, even a nuclear test would be the best the U.S. could hope for. What they really don't want to see is some kind of cross-border action in which South Korea then is forced to respond and then things escalate.

So after some kind of action by North Korea, they're hoping that they could dial it down, get everybody back, cooler heads prevailing and then they could eventually get North Korea to have some kind of talks.

MARQUEZ: Elise, thank you very much. We'll have more on the conflict when we talk to a former U.S. ambassador to South Korea and former adviser to President Obama in just about 30 minutes.

But first let's take a closer look at what North Korea is doing with its missiles and how satellites could be the first weapon of defense for Washington and Seoul. CNN's Tom Foreman and retired General James "Spider" Marks tell us more about that.


TOM FOREMAN, CNN CORRESPONDENT: All eyes are on the eastern coast of North Korea where these Musadan (ph) mobile missile launchers are right now because if one of these takes off, the game changes fast. Let's bring in the map General and talk to me about this. If we have a missile launch, the first thing involves is satellites. Why?

GEN. JAMES "SPIDER" MARKS, RET.: Tom, this satellite is going to pick up the IR signature, the infrared signature of the missile leading the mobile launcher. It will immediately indicate where it came from and then it will send tracking data to the integrated system to figure out the telemetry of that missile.

FOREMAN: Radar is on ships and on land and on airplanes, all measuring exactly where this is going and how fast.

MARKS: Exactly and if that missile threatens a U.S. resource or an allied resource in the region, it will be taken out.

FOREMAN: How? MARKS: It will be taken out by an anti-ballistic missile system which is already in place. It's fully automated. There's no man in the loop. This works exceptionally well and we practiced with this technology.

FOREMAN: So essentially from the time this thing takes off until the time it comes down which could be a matter of minutes, all the computers managing everything but then, there is a tough human decision to be made.

MARKS: The man in the loop is what happens next. The United Nations command mission in South Korea is to maintain the armistice. That means there's a North Korea. There's a South Korea. There's nothing in the playbook that says we're going to reunify this peninsula.

FOREMAN: And yet there could be some very difficult and nervous moments along the way to that.


MARQUEZ: Gentlemen, thank you very much.

Secretary of State John Kerry is headed back to the Middle East today. It's part of a nine-day world wind tour of seven cities, including Jerusalem, Ramallah, Seoul and Beijing. First up is Istanbul though. During President Obama's visit to the Middle East last month, he pushed Israel to mend relations with Turkey.

Now Kerry is trying to nudge them even closer. While he's in the region, he could also urge Israel and the Palestinians to restart peace talks which have been stalled for months. Kerry is expected to return to Washington on April 15th.

Now an update in the unsolved murders of two Texas prosecutors. Authorities in Kaufman County, Texas, are cracking down on threats and taking every potential threat seriously like this week when someone called in a bomb threat during the memorial service for District Attorney Mike McLelland and his wife. Whoever made that threat hasn't been found.

The police have arrested this man, Robert Miller, and charged him with making a terroristic (ph) threat online against a deputy district attorney. Another man, Nick Morale was, also faces charges. He is accused of threatening a county official, but police say these men are not tied to the killings.

CNN's Martin Savidge joins us now from Kaufman County, Texas.

Martin, how do these threats relate to the case?

MARTIN SAVIDGE, CNN CORRESPONDENT: It clearly shows that there is a zero tolerance when it comes to authorities and anyone that is making a threat either against law enforcement or against some sort of public official down here in Texas.

And you pointed out the two examples of the two men that now are in custody and they face a very serious charge. Each have one charge of terroristic threat and they're being held on $1 million bond each as a result of the threats that were made either in one case it was posting that went online and the other case, it was somebody who actually called it in, which is hard to imagine.

They are not fooling around down here. As far as the bomb threat that was made against that memorial service, they are still looking for that particular individual and you can bet that they will come down just as hard on them.

No direct connection, as you point out, to the murders themselves, but it is not going to in any way, they don't want to allow this circumstance to somehow spiral out of control where people are making all sorts of erroneous threats or perhaps even carrying out copycat attacks Miguel.

MARQUEZ: We're also hearing speculation about the murder of Mike McLelland and his wife. Some people think they may have known the killer?

SAVIDGE: Yes. And there's a couple of reasons for this.

Apparently, there is word coming from sources in the investigation that the attack on their home may have occurred early in the morning. Of course, the McLellands would have been aware of events that had happened with the assassination of the prison official up in Colorado. They also knew what happened to one of their chief prosecutors about two months before, so they were on their guard.

And the question is, why did then did or how did the murderer get into the home? Since there was apparently no sign of forced entry, it implies was it someone they knew or was it somehow a ruse, somebody had a disguise or somebody used a method that caught them off their guard and allowed the gunman or gunmen to get into the home and thereby carry out the murders. It's not quite clear in the end.

This had also been brought up in the case of the murder of Mark Hasse in the sense of how did someone get so close to him? He was on his guard. He supposedly carried a weapon and yet there he was outside of a courthouse in a public space and gunned down.

So was it possible that he, too, was caught off guard because of someone he knew or some kind of ruse? We don't know, but that's one of the many threats that are being followed right now, Miguel.

MARQUEZ: Martin Savidge in Texas, thank you very much.

Now to another brazen killing in West Virginia, police are trying to find out how the man accused of shooting and killing a sheriff got his gun. Investigators say Dennis Maynard killed Sheriff Eugene Crum while he ate lunch in his car. Maynard is in the hospital recovering from a bullet wound. Police say they will interview him when he's well enough to speak.

Some disappointing news on the economy coming from Washington. Just 88,000 jobs were added last month and nearly half a million people dropped out of the workforce. Retail was one of the biggest losers; 24,000 jobs were cut as employers trimmed their holiday payrolls.

Time to check in on weekend weather, meteorologist Alexandra Steele joins me now.

OK, let's start right here in Atlanta, with more than 100,000 people are expected to be in town for the big final four basketball games, live concerts and a lot of other events -- Alexandra.


MARQUEZ: We've got much more ahead this hour. Here is a look at what's coming up. Homicidal and a danger to the public, that's what a doctor said about James Holmes, the man charged with killing 12 people in a Colorado theater, new evidence revealing why the crime could have been prevented.

While four schools celebrate the big dance, Rutgers keeps bleeding from its epic fail, now a lawsuit from the coaching scandal that's putting several careers on the foul line.

Don Draper and his lady killing ways are back tomorrow night, but as popular as "Mad Men" is reviews are mixed for this season of the basic cable darling.


MARQUEZ: Incredible new video has come to light showing the man who murdered Martin Luther King Jr. in Memphis. Shelby County, Tennessee released new video showing James Earl Ray. One tape shows authorities flying Ray back to Memphis. There's a reason the video looks grainy and out of focus. The county sheriff's office bought a new Sony camera to tape Ray's return and prosecution but learned to use it on the fly. Another shows police booking him into the county jail. Ray pled guilty to killing King and died in jail in 1998.

Now to Washington where the White House is preparing for a battle over Plan B. It is in a stunning blow to the administration a Brooklyn judge has overruled the Department of Health and Human Services saying that anyone of any age can buy the morning after pill over the counter.

CNN legal analyst Jeffrey Toobin explains why the ruling is so important.


JEFFREY TOOBIN, CNN LEGAL ANALYST: This is a 59-page opinion by Judge Edward Korman in Brooklyn Federal Court. It is so scathing. It is such an attack on the Health and Human Services Department for bowing to the pressure of conservatives. This isn't bowing to the pressure of liberals. This is bowing to the pressure of conservatives to limit access to Plan B.


MARQUEZ: Now the debate over Plan B is far from over. Erin McPike is in Washington, DC, following the administration's plan for the drug after this legal defeat -- Erin.


The judge called the order arbitrary, capricious and unreasonable, but White House spokesman Jay Carney said on Friday the president stands by the order and called age limits the right thing to do.

The drug called Plan B doesn't terminate pregnancy like RU-486, commonly called the abortion bill. Instead it's meant to prevent pregnancy by using a higher dosage of birth control taken within three days of unprotected sex. And yet the emotional debate over access to the morning after pill or Plan B stretches back almost a decade when the Bush administration refused to allow women of any age to obtain it over the counter.

But in 2006, Bush's FDA eventually ordered Plan B to be made readily available to women 18 years and older. Shortly after Obama took office, it was lowered to 17 and older, but that wasn't enough for the Center for Reproductive Rights, a group that has argued for years that the drug should be widely available to all women. So they pursued the case further and the FDA agreed.

In December, 2011, Commissioner Margaret Hamburg said in a statement that Plan B is safe and effective and should be approved for non- prescription use for all females of child-bearing potential. On the very same day in an unprecedented move, Health and Human Services Secretary Kathleen Sebelius overruled her, keeping the age limit at 17 and heading into campaign season, President Obama agreed.


BARACK OBAMA, PRESIDENT OF THE UNITED STATES: The reason Kathleen made this decision was she could not be confident that a 10-year-old or an 11-year-old going to a drugstore should be able alongside bubble gum or batteries, be able to buy a medication that potentially if not used properly could end up having an adverse effect.


MCPIKE: Now, 16 months later, Federal District Court Judge Edward Korman called Sebelius' decision politically motivated. He ordered the FDA to remove the age limits to make the drug available to all Americans in the next 30 days. The Justice Department is reviewing its options and may appeal the decision soon -- Miguel.

MARQUEZ: Erin McPike in DC. Thank you very much.

We're just a few hours until the final four games kick off right here in Atlanta. We'll tell you how the city is getting ready to host college basketball's biggest games, plus the latest fallout from the Rutgers player abuse scandal.


MARQUEZ: All eyes on Atlanta this weekend where basketball's final four kicks off today. The action starts around 6:00 p.m. Eastern when nine seeded Wichita States takes on number one Louisville. That's Kevin Ware's team, the basketball player who brutally broke his leg last week - never forget that -- and just before 9:00, Syracuse goes up against Michigan both four seeds. Stay with us all day for the latest on the big games.

But college sports isn't just on games this weekend, the serious scandal happening at Rutgers University. As you may have heard, athletic director Tim Pernetti resigned yesterday, this following the firing of head basketball coach Mike Rice and the resignation of assistant coach Jimmy Martelli, all because of this video broadcast by ESPN showing coaches physically and verbally abusing players.

Andy Scholes joins me now with more. Andy, what is the latest here?

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: The latest is Pernetti is now out. He reluctantly had to resign. The faculty, there was over 50 members of the faculty had signed letters asking for him to resign or step down and be fired.

And there were politicians within the state, state senate president had asked for him to step down or be fired. The pressure was just overwhelming and he said just for Rutgers to be able to move on, he had to resign but he is going to be paid for the next few years so it's not like he's resigning and not getting anything out of the deal.

So he is going to get paid as will Rice, Mike Rice, who was fired. He was fired without cause surprisingly. He's going to get paid over $1 million.

MARQUEZ: I'm sure there will be questions about that as well. But there are other questions. There have been some reports that talk about donors at Rutgers are going to pull some money already, at least temporarily.

Could there be more financial fallout?

SCHOLES: Well the thing is the big boosters were behind Pernetti. They did not want him to leave. That's was one of the reasons the decision took a long time because the boosters wanted him to stay, because Pernetti was instrumental in getting Rutgers from the Big East into the Big 10. Their revenue, going from the Big East to the Big 10, is going to go from $3 million to over $40 million annually by 2017.

So Pernetti, he's kind of a hero on the campus at Rutgers. He played tight end for the football team years ago. He was an alum. And that's why this decision took a little while for him to step down and he had to do it reluctantly.

MARQUEZ: The Big 10 is a good point. These firings come at the heels of the talks about participation in the Big 10. There are some conspiracy theorists out there that this video was hidden for fear of hurting Rutgers chances of participating. What are you hearing?

SCHOLES: There was talk that they kind of pushed this under the rug. They didn't want any black eyes as they were trying to go into the Big 10, but Big 10 Commissioner Jim Delany said this had no - it was not even in the decision process and we didn't even know how the details of what was going on behind this when they were making decisions to put them into the conference.

So that is something people are talking about, but there's been no concrete evidence that that had anything to do with it.

MARQUEZ: Andy Scholes, thank you very much for keeping up with it. It's a big one, big story.

Overseas, North Korea ramping up its threats and showing off its weapons. Washington is trying to cool things down. We'll talk with a former U.S. ambassador to South Korea and former adviser to President Obama, next.


MARQUEZ: Bottom of the hour now. Welcome back everyone, I'm Miguel Marquez. Thanks for starting your morning with us. Here are some of the stories we're watching this morning.

The FBI has some questions that only David Petraeus can answer. "USA Today" reports that agents from the bureau interviewed the former CIA director at his home outside Washington yesterday. They're looking into whether he may have passed classified material to his mistress Paula Broadwell and also try to learn whether Petraeus stored sensitive documents in an unauthorized place. He apologized for his affair in a speech last month.

President Obama says he's sorry for calling California's Kamala Harris quote "By far the best looking attorney general." He called Harris yesterday to apologize for the quote, "distraction created by the comment".

An Ohio family of five is recovering after a scary 24 hours lost in the Florida Everglades. The Schrecks spent the night in their air boat after they became stuck in a cypress tree. The father Scott Schreck says everything was great until it wasn't.


SCOTT SCHRECK, RESCUED FROM EVERGLADES: Took a wrong turn, I had a great fishing trip, the boys had fun, my wife was having fun, it came to the end of the one canal, I took a right and couldn't get the boat turned around.


MARQUEZ: The state official says Schreck's experience in the wild helped his family stay safe.

Patrons of a West Village Restaurant also are being advised to get tested for hepatitis A after it was revealed the restaurant's pastry chef tested positive for the disease. New York's Department of Health and Human Services says the chef contracted the disease on a recent trip to Mexico. The health advisory is only for those who had dessert at the restaurant in the last week. A boat that washed ashore in Washington State is described as a Noah's Ark of marine life. Officials say the boat traveled 5,000 miles from Japan after the tsunami nearly two years ago. The boat's hull became a home for tropical fish native to Japan. Officials say five fish and other animals survived because the boat acted like a tide pool. Scientists say they will study the creatures for their endurance.

To North Korea now where the threats and maneuvers are at dangerous levels, after saying that the U.S. has pushed the peninsula to the brink of war, North Korea moved two mobile missile launchers within -- with medium range missiles to the country's East Coast. In response, South Korea sent a couple of destroyers to guard the coast.

Joining me now is former U.S. Ambassador to South Korea and lead negotiator on North Korea, Christopher Hill and Joseph Cirincione, former adviser to President Obama on nuclear issues. Ambassador Hill, it's believed that any launch would be a test launch and not a targeted strike. Why is that?

CHRISTOPHER HILL, FORMER U.S. AMBASSADOR TO SOUTH KOREA: Well certainly the movements we've seen, the type of vehicles, et cetera, are consistent with a test launch. Also I don't believe these missiles have ever been fired before so I think most analysts believe this is indeed a -- a test launch and it may be the sort of crescendo the North Koreans are looking for as they get through April and as the U.S./South Korean exercise comes to an end.

MARQUEZ: Mr. Cirincione how advanced are the North Korean missiles? It's been showing off its weapons. But are -- some of these are pretty outdated maybe not very sophisticated? Are they really up to a 21st century fight?

JOSEPH CIRINCIONE, FORMER OBAMA ADVISER ON NUCLEAR AFFAIRS: Well, these missiles are we believe based on old Soviet design and old Soviet submarine launch ballistic missiles. As the Ambassador who is the real expert on the Korean Peninsula noted, they've never been tested. These may just be for show. These are liquid fuel missiles so we're not going to see a sudden launch. They have to be erected, they have to be fueled that would take hours, maybe days so you'd see this happening.

If we were truly worried we could launch air strikes after all these missiles on the launch pad. The missile interceptors that you're seeing deployed actually have little relevance to this, the missile interceptors we're going to deploy in Guam are further away than this missile could possibly reach.


CIRINCIONE: So those are really the short and medium range missiles so a lot of this is for show.

MARQUEZ: Obviously with 29,000 U.S. troops nearby though, all of this is of concern. But the Ambassador of North Korea has told Russia and Britain that their embassies could be in danger, is that just a ploy to get other governments involved? HILL: Yes it sure looks like they're trying to kind of hype the notion that the -- there's danger in the Peninsula that's caused by the U.S., et cetera. I must say I've never heard of this kind of thing before to you know tell embassies to go run for your lives and then the embassies say no, we're -- we're fine, just staying right here.

So it is really an example of this kind of bizarre North Korean propaganda.

MARQUEZ: It sounds like this has a lot to do with internal politics and less so external politics. Mr. Cirincione --


MARQUEZ: What is the end game in your -- in your mind?

CIRINCIONE: Ambassador Hill points out the -- the limits of our ability to sort of match their move with our move. We've stood firm, we've reassured our allies. We're now working with China. We've sort of drawn clear limits for North Korea but you can't really get in this bluster/counter-bluster game. North Korea can out crazy us, there's an infinite number of things they can do like this stunt on warning embassies to evacuate.

So now you're looking for the exit ramp. You want to work with your allies, work with China. How do you back North Korea down? Don't respond to these provocations. Don't escalate the crisis. I actually think over the next few weeks particularly as the exercises between U.S. and South Korea calm down that you might be able to walk this crisis back and get the parties to the negotiating table.

MARQUEZ: Mr. Ambassador there's always a perception that we can just appeal to China and China will sort of knock North Korea back into order but is it as simple a math as that?

HILL: No I wish it were. First of all the Chinese probably have some -- there are limitations to what they can do with the North Koreans. There's also limitations to what they want to do. You know China is pretty split on the subject. There are in China who feel they are a plucky little ally and they don't want to push them and then there are others who would like to be rid of them.

But clearly China has moved somewhat in recent weeks, they are clearly getting a little tired of the North Koreans.


HILL: And I think that's why it's been important for the U.S. to kind of keep our own rhetoric at a lower level and try to work with the Chinese and explore ways that China can be helpful in bringing the North Koreans back from the brink. I doubt that we're going to be able to get any nuclear talks started any time soon but at least we can kind of get through this -- this crisis of the last few weeks.

MARQUEZ: And Mr. Cirincione is it your perception that this has more to do with internal politics? We do seem to be taking it more seriously because of the -- the test launch and the nuclear tests they've had in recent months but is this about Kim Jong-Un consolidating his power internally?

CIRINCIONE: Almost certainly, never underestimate the goal of domestic politics in international affairs. This is a young, untested leader. He's the third in the Kim "dynasty," they've been in control for 60 years. A lot of the bluster that you see works for them internally. This is about shoring up his domestic base, making a bond between him and the people, solidifying his ties with the military, increasing his negotiating status, his chips for any talks that do occur.

It's almost certainly internal. That's why it's important for us to have close communication with our allies. It's important that you heard Secretary of Defense Chuck Hagel say he's been in touch with the Chinese Defense Minister. Secretary of State John Kerry is going to be in Beijing next Saturday. I think that might be a crucial period for this entire crisis.

MARQUEZ: Mr. Ambassador, just very quickly, I take it you that you see this as just ratcheting down over time it sounds like?

HILL: Well, you know, first of all we have to be very careful on this situation, the North Koreans are -- you know this is not the most sophisticated bunch of leaders we're dealing with over there. And they really kind of moved right up to the line, they could easily stumble over it. The South Koreans are truly fed up with this situation, so the chance of an incident, the DMZ offshore somewhere like that is I think significant so I think we have to be very careful here.


HILL: But the hope is that the North Koreans will feel they've kind of gotten out of this what they wanted to get. Which I completely agree with Joe, it has to do with their domestic politics. I don't think they're going to get much from anybody else. I don't see the North Koreans winning in this exchange, somehow getting financial consideration, et cetera. But you know, this has been a tough situation and I give the administration very high marks in how they've handled it.

MARQUEZ: Gentlemen thank you very much for sharing your expertise with us.

CIRINCIONE: Thank you, Miguel.

MARQUEZ: A psychiatrist who treated accused Colorado shooter James Holmes says she warned police a month before the incident so is she too, to blame for the shooting that killed 12 people or are the police who failed to act? That legal conversation ahead.


MARQUEZ: Now to legal news: the disturbing case of James Holmes, the man accused of the shooting massacre at a Colorado movie theater last summer. New documents reveal what officers found when they searched his apartment. Among other things they found a Batman mask, two jars of bullets, shot gun and rifle round and ammo clips, paper targets, a gas torch, four brands of beer, bourbon and rum, text books, several pill bottles, a glow stick, black spray paints, video games, including Star Craft and Oblivion and 50 cans and bottles of liquid.

Joining me now, CNN legal contributor Paul Callan. Paul Holmes faces 166 charges including murder and attempted murder and prosecutors are seeking the death penalty. Does this evidence mean anything to the case?

PAUL CALLAN, CNN LEGAL CONTRIBUTOR: Oh I think it's important evidence with respect to the case because Holmes will be asserting an insanity defense and the -- materials seize from his apartment indicate planning -- indicate that he was thinking about his target and getting ready for the -- for this mass homicide, mass shooting. That makes it difficult for him to succeed with an insanity defense which kind of requires you not to understand the meaning of what you're doing under the codes as they're currently written. So -- so I think it's important evidence for the prosecution in the criminal case.

MARQUEZ: Now other documents show psychiatrist Dr. Lynn Fenton who treated Holmes warned police a month before the shooting spree. If so why didn't she seek hospitalization for Holmes?

CALLAN: You know, Miguel, this is the blockbuster evidence that I think we're now seeing in more detail in this document revelation. Dr. Fenton has been criticized publicly for not having warned of the danger that Holmes posed.

Now, obviously we know she did make a warning, an explicit warning to a University of Colorado police officer in which she apparently described him as homicidal and a danger to the public. So the thing we now have to wonder about is why didn't the University of Colorado alert civilian police forces that this dangerous individual was potentially at large?

You have one agency not speaking to another, it kind of reminds me of that situation pre-9/11, you know, where the FBI wasn't talking to the CIA and we didn't know about the planes about to hit the World Trade Center.


CALLAN: Here you have a dangerous homicidal, very sick individual. University of Colorado police know about it and apparently from what we're seeing they don't do anything except suspend his student ID card --


CALLAN: -- so he's not going to cause trouble on campus.

MARQUEZ: Could she be sued?

CALLAN: Well, I think she's probably going to have a pretty strong defense under existing law. The law basically with respect to a psychiatrist is they don't have an obligation to make a warning unless there's been an explicit threat, in other words, a target has been identified.

Now even though Holmes didn't say who specifically he was going to kill, she did warn the police. So she's probably going to do all right in a lawsuit in terms of existing law. But the bigger question is why didn't they move to have him involuntarily committed as a psychiatric case?


CALLAN: Nobody does that. Fenton doesn't do it, the cops don't do it. And if he had been locked up for treatment we would have avoided this horrible tragedy.

MARQUEZ: The doctor did warn the police at the university, could they be held liable?

CALLAN: Yes, there's definitely going to be a suit against the university, but you know, existing law is not very clear in this area. The university is going to say we don't owe a duty to the general public. We protected our own, our students, because we suspended his access to the campus, and that's all the law requires us to do, and ironically, that may be the case under existing law in Colorado.

The law is very, very unclear in this area and I think you'll probably see new laws being enacted as a result of that in the future.

MARQUEZ: Paul Callan, thank you very much. Have a great weekend.

CALLAN: Thank you Miguel.

MARQUEZ: In other news the week was dominated by point blank murder and Craigslist court. Here's your "Week of Crime" in 60 seconds.


MARQUEZ: A deputy district attorney and her sheriff's deputy husband shot and killed an intruder when he tried to push his way into the couple's Colorado home. The intruder shot once in the head and several times in the torso was identified as Joshua Stevens. It's unclear whether the husband or the wife pulled the trigger.

Congresswoman Carolyn Maloney from New York said she is receiving death threats. She claims the threats started after her vote for gun legislation requiring gun owners to have liability insurance.

A West Virginia sheriff was shot and killed in his car on Wednesday. Authorities have arrested a suspect who they believe murdered Walter Crum while he was eating lunch. Crum's wife Rosie will assume his duties as sheriff until 2014.

UNIDENTIFIED MALE: Thank you again (inaudible) for saving me from that beast. You're a liar, a thief and murder.

UNIDENTIFIED MALE: I have killed nobody.

MARQUEZ: And Richard Beazley the so-called Craigslist killer has been sentenced to death. Beazley was convicted of murdering victims after luring them with bogus jobs ads on Craigslist.

And that's your "Week of Crime" in 60 seconds.


MARQUEZ: And get ready "Mad Men" fans. Season Six begins Sunday -- just ahead: a look at why anticipation is so high.


MARQUEZ: No cameras allowed in the courtroom for Michael Jackson's wrongful death trial. A judge decided Friday the trial would be televised -- would not be televised. Jackson family attorneys argued in favor of having the camera in court while AEG Live said televising the trial could create a Jackson fan frenzy outside the court. Michael Jackson's mother and three children are suing the concert promoter for the pop star's death.

Actor, Wesley Snipes is enjoying his first weekend of freedom in almost three years. He was released from a Pennsylvania federal prison Tuesday where he was serving a sentence for tax evasion. The 50-year- old failed to file tax returns for 1989, 2000 and 2001. Snipes was acquitted of felony tax fraud and conspiracy charges.

And actress, Halle Berry is having another baby. The 46-year-old Oscar winner is pregnant with her first child with fiance, French actor, Olivier Martinez. Berry already has another child with ex Gabriel Aubry with whom she's been in a very public custody battle over the past several years.

Now to all the talk about the season premiere of "Mad Men" airing on AMC tomorrow night. I asked CNN Nischelle Turner why the anticipation is so high.


NISCHELLE TURNER, CNN SHOWBIZ CORRESPONDENT: "Mad Men" kind of changed the game for basic cable as we know it right now and they really brought the eyeballs to AMC. I mean AMC is seeing big success now from things like "The Walking Dead".

Well "Mad Men" led the charge for that. And what they did was they created this kind of ode to nostalgia. And everyone kind of really got invested into Don Draper and what's going to happen and has he found happiness or is he always going to be a loner.

And so this show has really caught on so there's definitely an anticipation now. I will say the reviews -- some people have seen it -- they're a little mixed, so we'll see what happens but there's a lot of anticipation going into this sixth season of "Mad Men".

MARQUEZ: Roger Ebert, huge loss. What do you feel?

TURNER: You know, absolutely. I think we all grew up at the movies and it's kind of where we all figured out what we were going to see that week or coming up and movies because we trusted Roger Ebert and we trusted Gene Siskel. And there hasn't really been those movie critics that we took to like them since then; they kind of paved the way and they broke the mold.

MARQUEZ: Also a very honest guy almost curmudgeonly at times.


MARQUEZ: I mean is there any moment that you -- he also won a Pulitzer Prize -- any moment of his that you remember or you like about -- something you like about him?

TURNER: You know, it's funny; the moments for me are just these recent years where we just saw this courageous man who some people, you know, on the outside would say was a shelf himself but we saw the soul still come out in him and his words about fighting cancer and still, you know, reviewing movies. And I just think that that's just the measure of a man and that's who we saw and we also saw the relationship with him and his wife and how she fought to, you know, keep him here and fight this battle for so long. And that's what sticks with me.

He has done so much in his career but just seeing this battle in the last few years. That's what sticks with me.

MARQUEZ: This maybe some of his best writing, actually.

TURNER: You know, the last blog he did, where he said you know, he thanked everyone for going on the journey with him and talked about that he was still going to fight the good fight. I still remember those words.


MARQUEZ: All right ahead the manhunt continues for suspects in the slaying of two Texas prosecutors. Live report on how new threats are affecting the case.


MARQUEZ: Who doesn't remember Kevin Ware, the Louisville basketball player who broke his leg so severely the bone pushed through his skin? Ouch. Well he's apparently taking his injury on stride this week.

Ware appeared on David Letterman's show to count down his top ten reactions to the injury.



KEVIN WARE, NCAA BASKETBALL PLAYER: I hope this doesn't leave a bruise.


LETTERMAN: Number eight.

WARE: Hey, look, my tibia.


LETTERMAN: Number four.

WARE: Tape it up, Coach, I'm staying in.


LETTERMAN: And the number one thought going through Kevin Ware's mind at the moment of the broken leg --

WARE: At least my bracket's not busted.



MARQUEZ: Oh, that poor guy.

And CNN was also spoofed by Letterman. Here's Jimmy Fallon replacing Jay Leno on "Tonight" show. Check out this fake newscast.


LETTERMAN: And now here's maybe to shed a little light on the topic. A special report on the late shows shakeup from CNN everybody.

UNIDENTIFIED FEMALE: It's official, Jay Leno will depart the "Tonight" show in 2014 and be replaced by Jimmy Fallon. After a brief retirement, Jay will return to replace Jimmy in 2015. Then Seth Meyers will replace Jay in 2019 before Jay returns to replace Seth in 2023, the same year David Letterman celebrates his 30th anniversary at CBS where he is expected to remain until he dies.

Suzanne Malveaux, CNN.


MARQUEZ: And science news: a South Carolina man says he has had close encounters with aliens so he created a UFO welcome center.


JODY PENDARVIS, CREATED UFO WELCOME CENTER: Welcome to planet Earth, aliens can fly from the north or the south and just land in the parking lot and come in to chat with me, guys.


MARQUEZ: Oh, dear. Jody Pendarvis says he's had a strange urge, I'm sure, to build this welcome center in the early 1990s. He claims he greeted his first visitor from outer space at the center on Memorial Day 1999. He says aliens do not make stops on Earth. He says aliens would rather fly around in their spaceships than visit planet Earth.