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Kerry Meets with China on North Korea; NASCAR Races into Controversy; Tiger Woods Penalized Two Strokes; Kobe Bryant: "I Can't Walk"; Kerry Trying To Lower Tensions; Former Hooters Waitress Sues; Lottery Pool Gone Wrong; Tiger Woods Tweets About Penalty; Arias Jury Grills Defense Witness; Bourdain's First Stop: Myanmar; Airline Rankings Released; Sell In May And Go Away

Aired April 13, 2013 - 12:00   ET



MAGGIE LAKE, CNN CORRESPONDENT (voice-over): People find a way to pay for a good drink one way or the other, but ever hopes its payment experiment will raise the currency's profile, at least in this New York bar. Maggie Lake, CNN, New York.


ALISON KOSIK, CNN ANCHOR: And CNN NEWSROOM continues with the one and only Fredricka Whitfield. Have a great day.

FREDRICKA WHITFIELD, CNN ANCHOR: All right, you too, Alison. Thanks so much. We have a lot straight ahead including all eyes on North Korea with that country showing no signs of backing down. U.S. Secretary of State Kerry pays a visit to the North's big ally, China. What the U.S. and China are saying after those key meetings.

And another day at the races, including a NASCAR fan, but it's not the cars but the sponsors of the race, the National Rifle Association, that's generating a lot of buzz. We'll explain more.

And a waitress claims hooters forced her to quit after she had brain surgery. She said her boss insisted she wear a wig to cover the scar and she refused. We're taking a closer look at her lawsuit.

U.S. Secretary of State John Kerry is in China today urging leaders there to pressure North Korea to tone down its threats. Kerry met with China's president and the foreign minister. He said the U.S. and China face enormously challenging issues.


JOHN KERRY, SECRETARY OF STATE: We both joined in stating that the United States and China remain fully committed to the September 2005 joint statement of the six-party talks and to its core goal. That core goal is the verifiable denuclearization of the Korean Peninsula in a peaceful manner.

(END VIDEO CLIP) WHITFIELD: This comes after Kerry visited South Korea yesterday. There, he warned the North that launching a missile would be a huge mistake. Anna Coren is live for us right now from Seoul. So Anna, what came out of the meetings in China today?

ANNA COREN, CNN CORRESPONDENT: Well, Fredricka, John Kerry basically said this is a critical time for Korean Peninsula and he asked for China's help because China needs to use its leverage over North Korea.

As you mentioned in your introduction, you know, China is North Korea's only friend and ally in the world. It provides food, fuel and aid. Basically, if it was to turn off the taps of money flowing into North Korea, that would stop its nuclear weapons program.

Now, China has obviously backed the U.N. sanctions that were imposed on North Korea after its nuclear test back in February, but they haven't necessarily enforced those sanctions. So, basically, John Kerry is asking China to step up, to use its leverage, its influence and really change things for the peninsula.

WHITFIELD: So what's next in Kerry's visit?

COREN: Well, John Kerry having held these talks with China, he will basically continue to place pressure on this, you know, super power because it can really change things. He was here in Seoul a little earlier. Yesterday, he held a joint press conference with South Korea's foreign ministry and basically pledged his support to not just South Korea but also to Japan.

He said if there were any provocations that it would support its allies. He issued a stern warning to North Korea not to go ahead with those missile launches. You have to remember that there are two missile launchers positioned on the east coast of North Korea.

According to U.S. and South Korean intelligence, they have been thinking that they would fire these rockets. Now, it's important to note, Fredricka, that North Korea said that they would test these missiles. However, that was the intelligence that we were receiving.

There's a big date coming up on the North Korean calendar, Monday, the 15th of April. That, of course, is the anniversary of the birth of North Korea's founder, Kim Il-Sung, who is the grandfather of Kim Jong-Un.

So, if the rockets don't fire by then, I think a lot of people are thinking, perhaps, they won't launch at all. So I guess, it's a matter of just a wait and see.

WHITFIELD: Anna Coren, thanks so much from Seoul.

All right, back in this country, a NASCAR race in Texas today is at the center of a political controversy. Some are upset over a decision by organizers to award naming rights to the race to the National Rifle Association.

Our Susan Candiotti is live for us now from Fort Worth, Texas. So Susan, the NRA 500 getting under way this evening, you know, how much is this resonating, whether it be in the state of Texas or beyond?

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Well, certainly the fans who are coming to this race are all about stockcar racing. This is a huge event. It draws hundreds of thousands of people and who knows how many millions watch it on television. So the people who come to this event are here to see their favorites on television.

They even camp out here days ahead of time to watch and come to this event. So, for them, all this talk about the NRA sponsorship and the gun control debate, they're just here because they want to see racing. Here's what they told us.


UNIDENTIFIED FEMALE: I don't see a problem with it at all. I understand his views, but to cancel a race or to not televise it, I think that goes a little bit too far.


CANDIOTTI: So, for them, Fredricka, it's all about coming to this big deal and there will be a ton of people coming here tonight.

WHITFIELD: In fact, one of the women you talked to is responding to the request to not have it televised. In fact, it was a Connecticut senator, Chris Murphy, who requested Fox not televise the race. What was the response perhaps from NASCAR?

CANDIOTTI: Well, this will be broadcast. It's up to Fox. This is the agreement that they have made under a contractual agreement. So, it will be on television tonight. Fox is not commenting on that, of course.

But Senator Chris Murphy, as you said, said the main question here for him and for a lot of people who live in the state of Connecticut, certainly for Newtown families, is that the timing about this is just wrong. With the gun debate going on, he wishes NASCAR had intervened and that Fox wouldn't broadcast it. Listen.


SENATOR CHRIS MURPHY (D), CONNECTICUT: They could have found another sponsor for this race. They could have waited until after the debate to have the NRA sponsor a race. It's just really, really poor timing.


CANDIOTTI: So, it appears everything there go on as scheduled, but if Senator Murphy had his way, that wouldn't be the case.

WHITFIELD: And NASCAR's response?

CANDIOTTI: NASCAR saying, we are -- this -- because we are sanctioning this race, it doesn't mean that we're taking a position in favor of the NRA or against it. We are apolitical on this. Here's what NASCAR is saying, however. They recognize there is a controversy here.

NASCAR is saying that maybe we're going to take a look at our policies a little bit more closely down the road, so to speak, because it is the speedway that negotiated the NRA sponsorship.

NASCAR has the right to approve it or disapprove it. So, NASCAR is saying, maybe we'll take a closer look at what happens when this comes up, if it comes up, the next time, our policies.

WHITFIELD: All right, Susan Candiotti in Fort Worth, Texas, thanks so much.

Let's talk about another sport, this one on the greens, Tiger Woods starting the Masters today with a two-stroke penalty. He was penalized for taking an illegal ball drop on the 15th hole yesterday. Woods is the world's number one golfer. Again, he is going for his fifth green jacket and 15th major championship title. We'll take you live to Augusta at the bottom of the hour.

And a huge blow to the Los Angeles Lakers, their leader, Kobe Bryant, may have torn his Achilles tendon during a game last night. An MRI is planned for today to confirm the injury and further investigate it. Bryant fought back tears when told that he can't walk.


KOBE BRYANT, L.A. LAKERS: I was just hoping it wasn't what I knew it was. Just trying to walk it off and hoping that the sensation would come back, but no such luck.

UNIDENTIFIED MALE: What was that sensation?

BRYANT: I had no Achilles. That's the sensation.


WHITFIELD: Kobe showed even more emotion and anger on Facebook. He wrote, quoting here now, this is such b.s. All of the training and sacrifice just flew out of the window with one step that I've done millions of times.


WHITFIELD: All right, there's more to that statement? All right, we took it off the screen there. All right, the frustration is unbearable. Now I'm supposed to come back from this and be the same player or better at 35? How in the world am I supposed to do that? That's from Kobe Bryant after his injury.

All right, President Mubarak's retrial began today. But even before it started, a surprise announcement from the judge left everyone shocked.

And the U.S. is making the rounds to the country's bordering North Korea. We get the inside scoop on what may be happening behind closed doors from a man who played a crucial role on the Korean Peninsula. (COMMERCIAL BREAK)

WHITFIELD: All right now, to some other stories from around the world, the judge in the retrial of depose Egyptian President Hosni Mubarak quit the case this morning. He referred the trial to a lower court saying he stepped down because of medical reasons. The court has 60 days to pick a replacement.

Today is the first day of the retrial. Mubarak was brought to court on a stretcher. He was flown back to a military hospital on a helicopter.

U.S. Secretary of State John Kerry is still in China today. He met with Chinese officials to talk about the increasingly tense situation in North Korea. Yesterday, he was in South Korea meeting with leaders there.

Christopher Hill is the former U.S. ambassador to South Korea. North Korea seems ready to test-fire a ballistic missile, at least poised to, and even going as far as saying there are four targets, including Colorado Springs, even though their map is quite inaccurate by about 1,000 miles. So how do you interpret this?

CHRISTOPHER HILL, FORMER U.S. AMBASSADOR TO SOUTH KOREA: Well, I think it's just more bluster. They obviously don't like having the secretary of state meeting with our allies and certainly, they don't like a meeting with China.

But certainly, they're not winning themselves any friends. And I suspect that Secretary Kerry's discussions with Yang Jiechi and other Chinese will go pretty well. So I think the North Koreans on cue are helping us make the point that they're a little out of control these days.

WHITFIELD: So how do you, you know, separate the posturing at this point from an actual threat?

HILL: Well, I mean, there are a number of natural technical means by which you would look to see if they're moving troops and things like that. We do know that they've been moving some missiles.

We do know that on birthday celebrations and we're coming up on the 101st of Kim Jong-Un's grandfather, that they've often test-fired a missile. So, I think that is quite a possibility this time.

WHITFIELD: John Kerry says there will be no negotiating directly unless North Korea is willing to talk about the nuclear program. Do you see this as realistic, that North Korea would kind of denuclearize?

HILL: Well, I think -- I think it's a realistic and it's the correct policy to say, look, we are prepared to enter into discussions, but we're not prepared to talk to a nuclear North Korea, that is, a North Korea that insists that it needs to be nuclearized.

We had an agreement with them. They agreed to abandon nuclear weapons in return for consideration. We're prepared to talk about that agreement, but the idea that they should walk out on it and then we should -- we should talk to them or give them something else, I think, is really not something our country wants to do or, frankly, needs to do.

WHITFIELD: Do you worry about North Korea making nuclear materials, weapons, available on the black market?

HILL: Well, yes, indeed. I mean, they've produced an amount of fissile material through their plutonium reactor. We were able to get that shut down back in 2007, even disable it. They've talk about bringing it up online, which will take time.

We don't want more fissile material. The more they have, I think the greater the chance that they could sell it to some unsavory types around the world. So I think it's very important that we really work with others, especially the Chinese, to prevent this kind of thing from happening.

WHITFIELD: Well, the Chinese have already expressed some disappointment in North Korea for very -- or seemingly acting in very selfish, you know, reasons. How far would China go to penalize North Korea?

HILL: I think the problem lies in Chinese decision-making, which is often done in a sort of consensus mode. I mean, it's not enough to just have the Chinese president feel one way. They need to get other Chinese on board.

In fact, they, frankly speaking, need to get most of the bureau on board. I think it's very important that as we approach China, we don't embolden those who say, see, the Americans are trying to push us around and tell us what to do.

I think that accounts for the real care and caution that the Obama administration has taken. They're trying to make sure they can enlist the Chinese. Now when they do enlist the Chinese, and I do believe that china's coming around on this issue.

I think they're sick to death of the North Koreans and I think they consider the North Koreans kind of bad for business and bad for China's future. And I think at that point the Chinese can do a lot in terms of shutting down some cross-border stuff and also shutting down their financial system to North Korean money.

WHITFIELD: Former U.S. Ambassador to South Korea, Christopher Hill, thanks for your time.

HILL: Thank you.

WHITFIELD: All right, Hooters getting slammed with a lawsuit from a former wait waitress. Her claims about what her boss said after she had brain surgery may sound pretty outrageous, but will it hold up in court?

And, winning the lottery should be a dream, right? But it's becoming a nightmare for co-workers in a lottery pool who are now in a fight for money.


WHITFIELD: A Hooters restaurant waitress claims that she was forced to quit after brain surgery left her with little hair and a big scar. Sandra Lupo is suing the restaurant chain for discrimination.

This all happened last summer after she had a mass removed from her brain. When she went back to Hooters, her scar was visible and she was shocked by what she said her managers told her.


SANDRA LUPO, FORMER HOOTERS WAITRESS: He said, you need to find a wig. If you don't by your next shift then we need to know so we can get it covered by another girl. It was impairing my healing process on my scar and it also makes you more prone to any kind of infection.


WHITFIELD: Lupo refused to wear the wig. Suddenly, she said her schedule shift drops and she was making so little money she eventually had to quit. Hooters denies her claims and wants the lawsuit dismissed.

Let's bring in our legal guys, Avery Friedman, a civil rights attorney and law professor. Good to see you. And Richard Herman --


WHITFIELD: Hello -- criminal defense attorney and law professor. Good to see you as well.


WHITFIELD: OK, so let's talk about how her case will proceed. Avery, is this plain and simple, a discrimination suit that she's pursuing or is it something else?

FRIEDMAN: It's a little bit more complicated. Yes, it's a discrimination case, but did Hooters perceive her as disabled and did they take an adverse action and she's saying she did it in front of a federal district judge?

What is intriguing here is Hooters, it's a restaurant and the people that show up at this place never look above the neck anyhow. So maybe that's the defense. I don't know. It sounds a little over- caffeinated to me.

But at the end of the day, because it's in federal district court, I think a federal judge will set these parties down and say, come on, this is an awful case. It's a public relation disaster. In addition to the legal issues, I think this case has to resolve very, very quickly.

WHITFIELD: Interesting. So then, Richard, you know, if appearance is something that is, I guess, a requirement, appears to be a requirement, to someone's job and in this case that's what Hooters, according to her, you know, is saying. Is that defense enough from the employer that, you know, that is part of the decorum here? We have certain requirements or criteria as to why someone has a certain job.

HERMAN: Well, she knows what it is, that's why she wanted to work there, to make money off her looks. I mean, I'm assuming that's why she went there, to make money. Now, how did Avery refer to the restaurant? I didn't think I heard that properly.

WHITFIELD: You say it, Avery.

FRIEDMAN: You heard it. You heard it, pal.

HERMAN: OK. Fred, this case is going to settle for a bucket of wings and that's it. She has absolutely no claim. Avery's right. The judge is going to sit them down say do something here, some nominal value and move on, people. This case is going nowhere.

She has no disability. The courts have held that if you have successful brain surgery, it is not a disability for an action under the American disabilities act. The deceptive employment claim will fail as well. She quit. She quit. They didn't fire her. She quit. They reduced her hours and she quit.

WHITFIELD: No disability, but if there is a health matter that leads to a disfigurement or, you know, whether it be temporary or permanent, aren't there any protections for that?

HERMAN: Zero. She's done here. This case she gets nothing.

FRIEDMAN: No, you don't have to prove disability. If she's perceived as disabled, she has an argument. If the federal judge lets it go to a jury then there's a problem. We agree with the end of it, but we just don't agree how we get there. I think the case does have value.

WHITFIELD: OK, fascinating stuff. Let's move on to the next one. Case of a work lottery pool, everyone has been involved in something like that one, but in this case, it went wrong. It ends up in an Indianapolis court this week.

Seven hairstylists are trying to block their co-worker from cashing in on a winning ticket. They say she was supposed to buy tickets for the whole group. She says she did. But then she also bought some tickets just for herself and the winning ticket, coincidentally, happened to be the personal one.

She says she can actually prove it because she picked numbers based on her kids' and grandkids' birthdays. All right, so let's weigh in again on this one. So you know, Richard, you first, you know, they apparently all went in together, but she claims that, you know, she's got the birthdays. That's her best defense as to the winning ticket.

HERMAN: Isn't it incredible how these stories come, Fred, on these huge lottery victories where the group invests and the person says, I bought it personally. Listen, the place is called Lou's creative stories -- I mean, Lou's Creative Styles. That's the place they work at.

Listen, the employees say, we had a deal. We all put in. There are no side tickets. In the past, they've won nominal wins. They put the money back in the pool there. Based on the testimony of all the other people involved here and the course of conduct and history, the judge is going to make them split this.

WHITFIELD: Really? Even though the winning numbers are -- I mean, the commonalities are her kids' and grandkids' birthdays? Doesn't that seem like its make a little bit more personal?

HERMAN: That sounds like a Lou's creative story. That's what it sounds like to me.

WHITFIELD: You're not buying that? Avery, how about you?

FRIEDMAN: Actually, I hate to agree, but I think Richard is exactly right here. The argument is that there was an agreement among all -- look at these hairdressers, they all look alike, don't they?

What they've said is, look, no personal purchases on quick picks for the lotto because you'll never be able to sort out the difference. That's exactly what Christie Shaw did in this case.

That's exactly why Judge Heather wells, who's the judge in this, who granted the restraining order, saying, there are seven people who say there was an agreement on this thing. I think just by the sheer weight of the evidence, I think it's going to wind up being the split of $9.5 million.

Christie Shaw will be perfectly fine in this case. She's not going to walk away with $9 million, though.

WHITFIELD: Right. The sheer weight of it all and in the end, I guess they're all just splitting hairs. So we'll see.

HERMAN: All right, Fredricka!

WHITFIELD: Richard, Avery, we'll see you in a few more minutes. In this case, we're talking about the Jody Arias trial. Is the defendant in the murder trial tweeting? Avery and Richard will be back in a few minutes to discuss that.

A big penalty for Tiger Woods at the Masters. We'll tell you what happened and what it may mean for his bid for a fifth green jacket. We're live from Augusta straight ahead.


WHITFIELD: Here's a look at what's trending. The follow-up to "Gangnam style" is here. South Korean pop culture sensation Cy performed his new single "Gentleman" in Seoul today. He says he hopes people will enjoy it as tensions remain high on the Korean Peninsula. Big controversy over the "Wizard of Oz" song "Ding Dong The Witch Is Dead," sales have skyrocketed since former Prime Minister Margaret Thatcher's death. Now the BBC says it will play a short clip of the song on its pop chart tomorrow.

And back in this country, comedian, Jonathan Winters has died. He passed away Thursday at his home in California. He was 87 years old. Winters was best known for his roles in TV's "Mork And Mindy" and the movie "It's A Mad, Mad, Mad World."

All right to sports now, Tiger Woods will get to continue vying for his fifth green jacket at the Masters, but he starts play today with a two-stroke penalty. Rachel Nichols joins us now from Augusta. So Rachel, I understand after that penalty, Tiger also started tweeting about it.

RACHEL NICHOLS, CNN CORRESPONDENT: Absolutely. You know, it's the modern times. You got something to say, put it on Twitter. It's great we could hear what Tiger Woods had to say about this incident. He basically ran through in his tweet, if you want to throw it up there, what happened to him last night and this morning.

He talked about how on hole 15 I took a drop that I thought was correct. In accordance with the rules, he said, I was unaware at the time, I had violated any rules and I didn't know I had taken incorrect drop prior to signing my score card.

He said subsequently, I met with the Masters Committee Saturday morning and was advised they had reviewed the incident prior to the completion of my round. Their initial determination was that there was no violation. This is going to be an important point later.

And he said, but they had additional concerns based on my post-round interview. After discussing the situation with them this morning, I assessed the two-shot penalty. I understand and accept the penal and respect the committee's decision.

And that's a very interesting distinction that Tiger makes in his tweet and sort of in relation to this whole incident, the violation was for the first time called in by a television viewer. So, this is good for everybody at home later if you're watching the Masters broadcast, get out your pen and note pad.

You may be involved in what happens here on the course. It's kind of like "American Idol." I don't know, but they called it in. The Masters Committee looked at it while Tiger was actually still on the course. They ruled at the time that he committed no violation.

It was only in his interview afterwards when he started talking about it they thought that he did have a violation and that's how it got to this two-stroke penalty today, so certainly, an unusual chain of events.

WHITFIELD: Wow. So for those of us who are, you know, not verse on the golfing rules, what was the drop supposed to be like? NICHOLS: Well, he has an option when the ball goes into the water like that, to have it drop in a couple different areas. The option he took is what's called closest to the point of the original shot. So he has to determine what's the closest he could put the ball to where he originally had the shot that went in the water.

Well, he actually did it a few feet from that spot. And they said at the time that they thought it was within the rules and then when he went on TV after his round, he said actually, he goes, yes, I dropped it a couple yards from where my initial shot was.

Well, that caught everyone's attention all over again. That started off this whole chain of events. Hopefully Tiger doesn't stop talking to the media because that's what got him trouble.

WHITFIELD: OK, Rachel Nichols. OK, now we're all golf savvy. Thank you so much for that explanation. Appreciate it.

NICHOLS: No problem.

WHITFIELD: All right, Jodi Arias might be sending out messages from behind bars. Speaking of tweeting, she's apparently doing just that or is it a friend on her behalf? How might that impact this dramatic trial?


WHITFIELD: A second juror in the Jodi Arias trial is dismissed. Juror number 11 was dismissed yesterday because of an illness. This comes a little more than a week after juror number five was booted for alleged misconduct. It comes as the jury gets a chance to question yet another defense witness. Ted Rowlands has more.

TED ROWLANDS, CNN CORRESPONDENT: Fredricka, outside of Jodi Arias, Alyce Laviolette, the defense domestic violent expert spent more time on the stand than anyone else in this case. A lot of that time was battling with Juan Martinez, the prosecutor, but she also had to take some very tough questions this is week from the jury.


UNIDENTIFIED FEMALE: I'm going to continue to ask the jurors' questions.

ROWLANDS (voice-over): Many of the questions for defense expert Alyce Laviolette showed that some jurors don't seem to believe Laviolette's testimony. That Jodi Arias was a victim was domestic abuse.

UNIDENTIFIED FEMALE: We have a gunshot to the head, a four-inch deep slit throat and close to 30 stab wounds delivered by Jodi to Travis. Is not the perpetrator of the greatest domestic violence Jodi?

ROWLANDS: Jurors had more than 150 questions for Laviolette who spent 11 days on the witness stand. Many of those days were spent sparring with Prosecutor Juan Martinez.

UNIDENTIFIED MALE: Isn't that an indication of stalking behavior?

ROWLANDS: Jodi Arias had to sit and watch as Martinez used Laviolette, her expert witness, to argue his case, including that Jodi Arias was stalking her ex-boyfriend, Travis Alexander, before killing him in 2008. At one point, Martinez was able to get Laviolette to admit that Alexander was afraid of Arias.

UNIDENTIFIED MALE: Isn't it true that Mr. Alexander was extremely afraid of the defendant, Jodi Arias, based on her stalking behavior?

UNIDENTIFIED FEMALE: He was afraid of her, yes.

UNIDENTIFIED MALE: Because of her stalking behavior, correct?


ROWLANDS: Jodi Arias is charged with premeditated murder, which carries a possible death sentence for shooting Alexander in the head and stabbing him almost 30 times. Arias claims, she killed Alexander in self-defense.


ROWLANDS: Next week we expect the prosecution to put on a relatively short rebuttal case. Then after closing arguments it will be time for this jury to begin deciding the fate of Jodi Arias -- Fredricka.

WHITFIELD: All right, thanks so much.

All right, let's bring in our legal panel. I'm joined again by Avery Friedman in Cleveland and Richard Herman in Las Vegas, OK, very interesting stuff. We heard not only what the jurors might be thinking of this case by way of their questions, but now we're also talking about this issue of tweeting.

And that Jodi Arias may have been tweeting her sentiments by use of a friend. So, you know, Richard, are we talking about potential contempt here? Would there be, you know, potentially, you know, a mistrial that, you know, prosecutors would be asking for? What could happen from that?

HERMAN: Well, the only way there will be a mistrial, Fred, is if they find out some of the jurors are reading these tweets. I mean, this jury is not sequestered. That's a big problem. This judge should have sequestered this jury.

The fact they're going home have night, despite the judge asking them every day, have you heard, read, seen anything outside of the courtroom, they all say no, I mean, come on, do you really believe that? It's on -- HLN is covering this 24/7.

You flip the TV, you'll see stories about this case. I am sure these jurors have seen it and have discussed this case. It's been so long. It's so gruelling, this trial, that how could they not talk about it with people? So, unless they can uncover some of the jurors who may have seen this, those jurors will be removed and we may have a mistrial here, Fred. But if Jodi is directing someone to post tweets, I mean, at the end of the day, how are you going to prove that, really?

WHITFIELD: So, Avery, how much effort would be -- would go into that to see if that could be proven, if she's tweeting?

FRIEDMAN: Well, I think where it comes out, I'm not in a court, I think she is, indeed, using an intermediary to post remarks about Juan Martinez, even about Nancy Grace. And the fact is, I mean, is the defense team on Propofol? I mean, really, if they're aware their client is using an intermediary to tweet --

WHITFIELD: Why wouldn't they say anything?

FRIEDMAN: What in the world? I'm shocked.

WHITFIELD: What would you say?

FRIEDMAN: Look, if this continues, I'm out of it. I'm going to petition the court to get out. I mean, this is outrageous behavior. And I think that there are additionally incriminating consequences of that.

For example, the name calling, showing the kind of character that she is, again, if it can be established, if it is true. It appears that it is, but the idea of defendants in a capital case tweeting and sending messages out to the public.

It just demonstrates that social media and technology is so ahead of the law, Fredricka, that no one ever pondered, contemplated this possibility. But it seems to me the defense lawyers really have to take charge here and stop this.

HERMAN: But, Fred, there's no way the judge would let any of these defense attorneys off the case at this stage. And the jurors technically are not supposed to see or read or discuss this case or look at any tweets.

So, it should have no impact at all what she's doing. Let's break it down real quick here, Fred. Number one, did she premeditate to kill him? That's why those gas cans are so important.

To show that she planned, that she mulled it over, that she intended to kill him. There was a loaded gun in the room. There were knives upstairs. Did she intend to do this? If she did, the next issue is this transient global amnesia, is that viable for her not to remember, go into a fog?

Is she an abuse victim? Is that enough to give her a self-defense claim? Did she have a reasonable fear that he was going to kill her?

WHITFIELD: And didn't --

HERMAN: Because the jury's not going to buy it. WHITFIELD: Did that --

HERMAN: No, no.

WHITFIELD: Did that defense witness kind of -- the testimony kind of backfire from Laviolette --

HERMAN: Yes, yes.

WHITFIELD: -- saying it was Alexander, the boyfriend that feared her, Jodi Arias? Avery, how are jurors going to forget that?

FRIEDMAN: I think absolutely it has a profound effect. I mean, the fact that Laviolette actually conceded that during Martinez's cross- examination is significant. Indeed, the person that she was supposed to be supporting as a domestic violence expert, she concedes that, you know, Jodi --

WHITFIELD: If may have been the other way around.

FRIEDMAN: -- was stalking. It's unbelievable. I mean, disturbing event after disturbing event, I just don't see where the defense team has created that necessary reasonable doubt. I don't understand it.

HERMAN: Look, it's a very difficult case to defend, but --

WHITFIELD: We have to leave it there.

HERMAN: -- did she have reasonable imminent fear that she was -- he was going to kill her because she dropped the camera? That's the issue here.

FRIEDMAN: Don't buy it.

HERMAN: And the jury's not going to buy it whatever her history is of abuse.

WHITFIELD: All right, guys.

FRIEDMAN: We'll see what happens.

WHITFIELD: There's so much to say about this case, but we're out of time.

HERMAN: The defense case is in fumes.

WHITFIELD: I know we'll be talking about it again because this trial continues forever, it seems. Richard, Avery, thanks much. Of course, you can catch our legal guys at about this time every noon Eastern on Saturdays.

All right, planning a trip any time soon? Well, perhaps you want to know which airlines have the best on-time performance and lose the fewest pieces of luggage. Find out in our "On the Go" report.

(COMMERCIAL BREAK) WHITFIELD: A familiar face is coming to CNN, Anthony Bourdain, travels the world, exploring different cultures and foods. Tomorrow night at 9:00 Eastern time and of course, Pacific, his new show Anthony Bourdain "PARTS UNKNOWN" makes its debut, his first stop, Myanmar.


ANTHONY BOURDAIN, HOST, CNN'S "PARTS UNKNOWN": Just two years ago, speaking to a western journalist would have put you in prison for an indeterminate amount of time. I was stunned by how open people were, how eager they were to talk to the camera, how frank they were with this, how freely they spoke that's something very unusual in a situation where freedom of speech is such a recent thing.


WHITFIELD: Anthony Bourdain bringing his taste for adventure to CNN, a new show with no boundaries. CNN brings you the world as Bourdain and his crew travel to Myanmar, Colombia, Libya, Peru and more. Anthony Bourdain "PARTS UNKNOWN" starts tomorrow night at 9 p.m. Eastern Time and Pacific right here on CNN.

If you are a frequent flier like Anthony, you may have noticed some changes this year. Holly Firfer has the latest on how airlines are performing.


HOLLY FIRFER, CNN CORRESPONDENT (voice-over): The airline quality rankings report is out and U.S. domestic airlines seem to get a little better last year. The report is based on numbers from the Department of Transportation.

UNIDENTIFIED MALE: They got their second best overall results since this survey began. They did better in on-time arrivals. They did better in baggage handling.

FIRFER: The airline with the best on-time performance was Hawaiian Airlines and Virgin America lost the fewest bags. Southwest Airlines again had the lowest complaint rate and this in a year when passengers complained a lot more.

UNIDENTIFIED MALE: Customer complaints were up 20 percent. And that might seem strange, even though the airlines got pretty good results overall. Passengers are complaining about surcharges, ticketing issues, personnel, because airlines are flying fewer but more crowded planes.

FIRFER: One of the biggest complaints of passengers was getting bumped, but there are ways to make sure you get a seat.

UNIDENTIFIED MALE: You don't get a seat assignment when you make your reservation, check in 24 hours online in advance, otherwise get to the airline two or three hours early. The best thing can you do to make the flight experience more positive, have the right frame of mind. Patience is key.


WHITFIELD: For more travel information go to

Things are looking pretty great on Wall Street, right? Is it time, though, to sell before the bubble bursts? We'll have answers straight ahead.



CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT (voice-over): The sun is out, stocks are up. What could go wrong? The Go-Goes may have said it best back in the '80s, it's time for bathing suits, beaches, boating, and selling stocks. Yes, we're heading into traditionally the worst six months of the stock market, May through October. Thus, that old Wall Street adage, sell in May and go away.

SAM STOVALL, S&P CAPITAL IQ: The market has actually outperformed itself November through April compared with May through October almost 75 percent of the time. So, it's averages plus batting averages that cause people to say, you know what, in the summer, investors focus more on their tans.

ROMANS: And this batting average is pretty high. Since about 1950 from November to April, the S&P 500 has gained 1400 points. In May through October, it has lost 97 points.

STOVALL: History says but does not guarantee we probably will advance another 3 percent before stumbling from exhaustion like the messenger from marathon.

ROMANS: This most recent marathon has taken the S&P 500 to record highs. Close your eyes and buy the highs.

STOVALL: Well, actually, I was thinking of a song called "Close Your Eyes."

ROMANS: So if you decide to sell this May, thanks twice before going too far away. Christine Romans, CNN, New York.


WHITFIELD: Margaret Thatcher's daughter is speaking out and police are worried there may be protests in London.


WHITFIELD: A look at our top stories. U.S. secretary of State John Kerry says the U.S. and China are committed to the peaceful denuclearization of North Korea. He is in China today meeting with the country's president. Kerry says the China and the U.S. will work together to tone down threats from North Korea. Former Prime Minister Margaret Thatcher's daughter is talking about her grief over losing her mother and thanking well-wishers saying, "It's been a tough and tearful week, even for the daughter of the Iron Lady," end quote.

Thatcher will be buried Wednesday with full military honors. Meanwhile, anti-Thatcher groups gathered today in Central London to, as they put it, celebrate the former prime minister's death. London police say it will monitor the event to ensure it remains peaceful.

Coming up later on today, two tragic cases involving two teenage girls committing suicide after allegedly being raped, a look at what role social media may have played at 4:00 Eastern Time.

At 2:00 Eastern, an exclusive interview with former Congresswoman Gabby Giffords, she and her husband show they're advocates of gun ownership but say reform is needed.

And at 3:00 Eastern, the story of Jackie Robinson hits the big screen this weekend in "42." I'll be talking to another African-American baseball legend who is weighing in on the impact Robinson had.

Next, another record-setting week for stocks, the housing market is rebounding, so why is President Obama still receiving low marks for his handling of the economy? Christine Romans has answer. "YOUR MONEY" is next.