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SCOTUS Set to Rule on Two Major Cases; Prayers for Mandela; Emotional Day in Zimmerman Trial; Texas Abortion Bill Fails After Chaotic Night; Summer Swelter; Snowden in Moscow Airport; Holed Up in an Attic; NFL Player Meets with Defense Attorney

Aired June 26, 2013 - 06:00   ET



UNIDENTIFIED FEMALE: I think America does have this founding principle around fairness and equality.

CHRIS CUOMO, CNN ANCHOR: History being made this morning at the Supreme Court. One of the most controversial social issues of our time, will same-sex marriage become the law of the land?

KATE BOLDUAN, CNN ANCHOR: Chaos overnight. A raucous, confusing, and passionate political debate. Texas trying to pass one of the most restrictive abortion laws in the country, but hours later, no one knewif it passed.

MICHAELA PEREIRA, CNN ANCHOR: Wrenching testimony and emotional charge day in the trial of George Zimmerman. Trayvon Martin's father walking out as shocking crime scenes are shown and dramatic testimony from the moments just after the teenager died.

CUOMO: Your NEW DAY starts right now.

Announcer: This is NEW DAY with Chris Cuomo, Kate Bolduan, and Michaela Pereira.


BOLDUAN: Good morning, and welcome to NEW DAY, everyone. I'm Kate Bolduan.

CUOMO: And I'm Chris Cuomo with our news anchor, Michaela Pereira.

PEREIRA: Good morning.

CUOMO: it is Wednesday, June 26th, 6:00 in the east.

And we now know the NSA leaker is in Russia, but Vladimir Putin will do nothing to hand him over saying U.S. requests to return Edward Snowden are like sheering a piglet, too much squeal, not enough wool. What? We'll go to Moscow live.

BOLDUAN: Quite a phrase. And look at this video. This is a woman on board a U.S. Airways flight who refused to turn off her cell phone during taxiing. So, the police came in and dragged her off the plane. The story behind the video. We'll have that coming up.

PEREIRA: A pretty terrifying story out of New Hampshire as we begin the summer, a group of Boy Scouts struck by lightning, 23 of them rushed to the hospital. We're now hearing from some of them this morning and our Dr. Sanjay Gupta will be here to talk about what we should do and what you at home should do if you are caught in the storm.

BOLDUAN: But first we start with what is set to be a very dramatic and important day at the Supreme Court. The justices deciding two big cases involving same-sex marriage and they could go as far as to make same sex marriage legal nationwide. Crowds are already gathering outside as people are jockeying for a front row seat to history.

CNN's Joe Johns is live outside the Supreme Court this morning. A lot of build up, a lot of weight for these decisions -- Joe.

JOE JOHNS, CNN CRIME AND JUSTICE CORRESPONDENT: That's certainly true, Kate. I'd say just about under 100 people camped out here. Some all night long to get a front row seat to history. It all comes down to this as the Supreme Court has left some of its biggest decisions to the very end of the term.


JOHNS (voice-over): Two hot button cases that could change life in America expected to be decided this morning at the Supreme Court. In one case, it's whether the federal government can take away benefits from married couples under the defense of marriage act because they are the same sex. And in the other, if it was okay for voters in California to decide that marriage should be between a man and a woman because of Proposition 8. Two gay and lesbian couples brought the case.

KRISTIN PERRY, PROP 8 PLAINTIFF: I think America is ready for that. I think America does have this founding principle around fairness and equality that we believe in too.

JOHNS: Court watchers are wondering whether the last case the court decided, overturning a key part of the voting rights act, is a hint about how the justices will rule today.

JONATHAN TURLEY, LAW PROFESSOR, GEORGE WASHINGTON UNIVERSITY: The decision on voting rights some way was viewed by the majority as supporting state's rights. That certainly works to the advantage of states like California in the Proposition 8 case.

JOHNS: The voting rights ruling could change life in America as well thanks to the Supreme Court ruling, all or parts of 15 states, mostly in the south, no longer have to ask the federal government for approval before they make changes to voting laws that could affect minorities. Other parts of the law were left standing.

TURLEY: It is still unlawful to engage in practices designed to discourage minority voting.


JOHNS: That voting rights case was not a surprise. A court warned years ago that it might do this, but today, Kate, the big focus, of course, on same-sex marriage.

BOLDUAN: All right, Joe, a very busy morning ahead for you. We'll talk to you soon. Thank you.

CHRIS CUOMO, CNN ANCHOR: The eyes of a nation and millions more across the globe are all focused on a South Africa hospital this morning. The family of Nelson Mandela is gathering there at the former leader's bedside. The government says he is still in critical condition, but the vigils have already begun.

CNN's Robyn Curnow is live in Pretoria. Robyn, what is the mood?

ROBYN CURNOW, CNN INTERNATIONAL CORRESPONDENT: Well, it has caught a sombre, sad mood here, but there is a sense of calm, I think many South Africans waiting expecting the inevitable, particularly if you see headlines like this in the morning papers. Meddiva, that's his clan name, on life support.

Also look at that, isn't that the most powerful headline, "The Final Struggle." We are unclear as you know on the exact details of his medical condition except for the fact that he is still critical. That he doesn't seem to be getting better. Beyond that, South Africans don't have a lot of information.

So a lot of them just coming here quietly leaving flowers or letters, handwritten notes from children, balloons at the side of this entrance, paying their respects in a quiet, calm way. Also, critically, I must add, there has been an increase in security outside this hospital.

This road we are standing on has blocked off at both entrances barricading by police vehicles, an increase in the number of policemen guarding the entrance to this hospital. So there is a shift in activity as well, all in all, though, South Africans just waiting and hoping for good news but expecting bad news.

CUOMO: Exactly. Robyn, thank you very much.

BOLDUAN: George Zimmerman -- was George Zimmerman on a mission to clear out those he saw as suspicious from his Florida neighborhood by whatever means necessary. Well, that is the prosecution's theory. Their proof, emergency calls made Zimmerman months before Trayvon Martin's death as dramatic pictures stunned the courtroom yesterday.

CNN's George Howell is live in Sanford, Florida with more. Every day seems to bring more dramatic details coming out of this case. What's the latest, George?

GEORGE HOWELL, CNN CORRESPONDENT: Kate, good morning. Absolutely. It was a very emotional day in the courtroom Tuesday with some key turning points for the defense. We warn you though some of the images you are about to see are disturbing. (BEGIN VIDEOTAPE)

HOWELL (voice-over): It was too much for Tracy Martin and Sabrina Fulton, the parents of Trayvon Martin had to leave the courtroom, leaving jurors and the public to see this, the lifeless body of their 17-year-old son, some images too graphic for TV. They were shown during the testimony from Sergeant Anthony Rimando, the second Sanford police officer to arrive at the scene who tried to perform CPR.

UNIDENTIFIED MALE: Were you able to get a pulse?

UNIDENTIFIED MALE: No, sir. I was not.

HOWELL: The state also called on police crime scene technician, Diane Smith. Jurors saw the evidence she collected, like George Zimmerman's handgun, clothing, Skittles and the fruit drink martin was carrying. Smith told prosecutors she couldn't find any blood on the sidewalk where Zimmerman said the teen slammed his head. But during cross- examination, her answer left room for the defense.

UNIDENTIFIED MALE: When you were walking down the sidewalk with the flashlight, the idea was to see if there was obvious blood?


UNIDENTIFIED MALE: And it was raining?

SMITH: That's correct.

HOWELL: In fact, the defense was able to turn the table on several of the state's witnesses like Wendy Dorable, who trained Zimmerman about neighborhood watch guidelines.

UNIDENTIFIED FEMALE: He seemed like he really wanted to make changes in his community to make it better.

HOWELL: Saline Bahador told prosecutors she heard what sounded like running from left to right outside her unit the night of the shooting. A detail the defense challenged her on as it was the first time she offered that version of events publicly on the record. Mark O'Mara further attacked Bahador's credibility by showcasing her online behavior.

UNIDENTIFIED MALE: What does that say on your Facebook front page right there? Please read that.

UNIDENTIFIED FEMALE: Prosecute the color of 17-year-old Trayvon Martin. Sign the petition.


HOWELL: So this case is moving at a rapid clip. Keep in mind, the witness we hear from this morning will be the 10th witness we have heard from so far. Also, remember, we have yet to hear from witness number eight, that's the person, the girlfriend, who was on the phone with Trayvon Martin the night of the shooting. What she has to say, Kate, could really challenge George Zimmerman's account of what happened.

BOLDUAN: Day three set to begin very shortly. George, thank you.

CUOMO: Brand new this morning, a chaotic night in Texas. This is the scene inside the Texas capital just hours ago. It's a filibuster. It's one of the most confusing and dramatic congressional sessions in the state's history. This was designed to squash or quash or advance some of the most stringent abortion regulations in the nation. It came down to a matter of minutes literally.

Nick Valencia has the latest on what's going on. Good morning, Nick.

NICK VALENCIA, CNN CORRESPONDENT: Good morning, Chris. Yes, it was a crazy night. No one knew which way it was going to go. At the very end, it came down to a missed deadline and a marathon filibuster. State Senator Wendy Davis, taking the floor for more than 10 hours in an attempt to stop this abortion bill, which would be one of the strictest abortion bills in the United States banning most abortions after 20 weeks and also, imposing some very strict guidelines and restrictions on abortion clinics and the doctors that work on them.

In the end, Republicans were able to stop Wendy Davis filibuster on the terms of technicalities, but it wasn't enough, Chris, to stop the -- to push the vote from going through. The vote happened but it did happen and missed the deadline. It happened 3 minutes after midnight. The vote was officially declared dead by the lieutenant governor and Republicans very upset at the outcome of this vote -- Chris.

CUOMO: Just to be clear, a filibuster is just to eat up time, right, to stop the amount of time. She was sitting there in sneakers on her feet for 11 hours. There were debates about whether or not she touched the lectern. The rules are so strict you have to stand, no support. People want to defeat your ability to do this. The question is, was she really successful? Is this bill dead or is there another procedure that can come into play?

VALENCIA: That's a great question. Texas Governor Rick Perry has the authority to call lawmakers back into another 30-day special session. At which point lawmakers will have to go over this all over again. This could restart it all up again, Chris. It doesn't seem very likely that this time around, Democrats will have enough strength or power to stop the bill if it happens to be proposed in a special session.

CUOMO: All right, thank you very much. A very interesting demonstration of politics, at one point, one of her colleagues gave her a back brace to help her stand up.

BOLDUAN: I read one plays that Democrats may win this battle, but it looks like Republicans may win this war in terms of that bill.

Severe weather in the middle of the country has left at least one person dead. A tornado touching down in Iowa leaving a trail of damage there, this as millions of people across the nation are facing another day of sweltering temperatures. Indra Petersons is live from the weather center this morning, a lot going on. INDRA PETERSONS, AMS METEOROLOGIST: A lot of people don't think of heat as a weather event. It is actually the deadliest of all weather events. This weekend, looks like we're going to be seeing this drastic heat wave. It looks like Philadelphia today seeing the warm temperatures that we saw in New York yesterday talking about some 90s and 95 at the humidity.

But this is really the story, a huge dome of high pressure building in to the southwest. We already know it is hot, Arizona, California, at 110, not that atypical. Once you get above 115, you start soaring close to 130, that happens once in every 10 years and that's exactly what's expected to happen this weekend so very dangerous situation.

Lake Havasu, that is a popular vacation spot, 126 and even Phoenix looking for 118 degrees this weekend. This is what's really going on. High pressure building into the area, typically we see west to east movement. We are kind of in between this in the monsoonal season. That's when we start to see the moisture come from the east. That will relieve the fire danger, but unfortunately it's this week that we're dealing with these hot temperatures as we go from one phase into the other. A lot of people make the mistake, they drink too much water. You need to drink electrolytes in addition to the water.

CUOMO: So not just water?

BOLDUAN: You are so much more than giving us the weather.

The story we have been following all week, new developments this morning. We now know exactly where NSA leaker, Edward Snowden, is. He is hold up in the transit area of the Moscow Airport. Now Russian President Vladimir Putin is saying Snowden is a free man and that Russia won't hand the fugitive over to the U.S.

CNN's Phil Black is joining us live from Moscow with the latest. So what more do we know? We at least now know exactly where Snowden is.

PHIL BLACK, CNN INTERNATIONAL CORRESPONDENT: Well, that's exactly right. We have all suspected very, very strongly for a few days now that Snowden has been in transit at this Moscow airport. Vladimir Putin is the very first Russian official to confirm, that's where you will find him if you're lucky. He has said that Russia will not intervene to help the United States get this man back, but at the same time, he says, Russia will not take advantage of the situation by trying to extract more top secret information from him. Take a look.


BLACK (voice-over): Ravings and rubbish, that's how Russian President Vladimir Putin described any suggestion his country is helping Edward Snowden. Speaking on a visit to Finland, Putin said Snowden's arrival in Moscow was completely unexpected. Despite the wealth of knowledge Snowden claims to have about U.S. intelligence operations around the world, Putin says Russia's own security service have not spoken to him since his arrival.

VLADIMIR PUTIN, RUSSIAN PRESIDENT (through translator): Mr. Snowden is a free man. The sooner he chooses his final destination, the better it would be for us and for himself.

BLACK: Putin also seemed to rule out any chance Russia will help return Snowden to the United States.

PUTIN (through translator): We can hand over foreign citizens to countries with which we have an appropriate international agreement on the extradition of criminals. We don't have such an agreement with the United States.

BLACK: But the United States argues there is still a clear, legal basis for Russia to expel Snowden.

JOHN KERRY, U.S. SECRETARY OF STATE: We are not looking for a confrontation or ordering anybody. We are simply requesting under a very normal procedure for the transfer of somebody just as we transferred to Russia seven people in the last two years that they requested that we did without any clamor, without any rancour, without any argument, and according to our sense of the appropriateness of meeting their requests.

BLACK: Russian officials tell CNN passengers can only remain in transit at the airport for 24 hours. For Snowden, that window has long passed. Russia seems ready to work with Snowden to make his own decision on where he goes next.


BLACK: Vladimir Putin says he doesn't want this situation to harm the businesslike relationship between the United States and Russia. In fact in his own colorful way, he said he would like to not be dealing with this problem at all. This is a direct quote from the Russian president. He said, "It is like sheering a pig, too much squealing, not a lot of wool." On that note back to you, Kate.

BOLDUAN: Thanks so much, Phil. I only laugh because that's one of the strangest lines I have heard in a very long time. Phil Black, we'll be checking in with you throughout the morning. It's a head- scratcher.

CUOMO: It certainly sounds like he is trying to get rid of this as easily as possible. A lot of news here on NEW DAY so let's get to Michaela Pereira for the latest -- Michaela.

PEREIRA: Good morning, Chris. Good morning, Kate. Good morning to you at home. Making news right now, there is a stand-up underway. That's awful. Let me try that again. There is a standoff underway in Los Angeles. A guy suspected of wounding two Los Angeles police officers in an intense gun battle believed to be still holed up inside the attic of a home.

The "L.A. Times" is reporting an LAPD gang officer was shot in the cheek and the neck last night. Another, a county probation officer, was hit in the leg. Now both are expected to survive. The officers were part of a unit conducting a parole probation search of that home.

Democratic Congressman Ed Markey wins Massachusetts special Senate election, betting Republican businessman and ex-Navy SEAL Gabriel Gomez. Massachusetts has been through this before. Back in 2010, little known Republican State Senator Scott Brown upset Democratic Attorney General Martha Coakley to fill the remainder of late Democratic Senator Ted Kennedy's term.

A developing story out of the Canadian arctic, 20 tourists, including two Americans, now stuck on Baffin Island, which is Canada's largest island. They were on an expedition when an ice shelf they were on broke free. Thankfully, they managed to get ashore. The Canadian air force says there are no medical emergencies. They are expected to be rescued alive.

After a three-year search, a marine is reunited with the dog that he says saved his life. Back in 2010, Lance Corporal Brad O'Keefe and his best friend Earl were looking for IEDs in Afghanistan when one detonated. O'Keefe was badly injured and was sent home to Upstate New York. Earl injured but he went back into service.

O'Keefe's sister deserved a whole lot of credit for reuniting the two. She set up a Facebook page and found that Earl was back stateside working with a police trooper in Rhode Island. That trooper decided that Earl and O'Keefe belonged together.

And they actually said it was up to the trooper to decide if he wanted to part with his partner. He said that was the right thing to do.

BOLDUAN: That's an easy one.


BOLDUAN: We know that back story. That's a beautiful black lab, my goodness.

CUOMO: Especially when you think about the dedication of service for these guys. So many of them come home and they're not the same.


CUOMO: And the idea of having the comfort of the dog.

PEREIRA: Absolutely.

CUOMO: It's great for that trooper to do that.

BOLDUAN: That companionship helps.

CUOMO: Congratulations to him for doing the right thing there.

We are going to take a break.

Coming up on NEW DAY: Patriot's tight end, Aaron Hernandez, still not a suspect. But why the drumbeat of suspicion against him is getting louder. New developments that could link him to a murder.

BOLDUAN: And the great plane robbery. What happened to more than $1 million in cash that was supposed to be on a Swiss air can cargo jet when it landed at New York JFK's airport. That's what the Fed wants to know and we do too.

CUOMO: I was going to ask you. What that big bag of cash.


CUOMO: Welcome back to NEW DAY, everybody. It is money time. That means Christine Romans is here with all the business news you need to know.

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Hi, guys. So, we had a little rally yesterday, I'm happy to report.

Stock futures are solidly higher this morning. There was a 101-point gain on the Dow Tuesday. Investors taking some comfort in really, really strong housing data. A rocking good housing number and consumer confidence is good, too.

One big mover, Barnes & Noble, tumbled 17 percent, look at that one, after reporting a big loss at its Nook e-reader division. So, that one bucks the trend.

The controversy surrounding TV cook Paula Deen is not hurting her book sales. Paula Deen's new testament cookbook is now number 24 on the Amazon best seller list. The book doesn't come out until the fall. These are advanced orders, people lining up to buy this. The book was listed at 1,592 just two days ago.

More pink slips for "Sesame Street". A report said the beloved children show is cutting about 10 percent of its staff, 30 employees. It's part of an overall overhaul. "Sesame Street" also cut jobs last year. Just two weeks ago, "Sesame Street" won six daytime Emmy Awards.

PEREIRA: You see them win these awards but the bottom line still has to be reached.


BOLDUAN: And then these cuts to funding.

CUOMO: So, not the characters.

ROMANS: No, no, no. You will see your favorite characters.


BOLDUAN: Don't take away my Big Bird. Big Bird e went political in 2012. And they're like he's too high maintenance, he's out.

CUOMO: It keeps my kids quiet.

ROMANS: We have toddlers, so "Sesame Street" is important.

PEREIRA: I would cut down on his feathers. You know what I mean? Like trim the feathers back.

BOLDUAN: Big Bird's hairstylist got fired.


CUOMO: New developments for you around the death of a man found near the home of NFL player, Aaron Hernandez. A judge has sealed all documents in the case. The Patriot's tight end is meeting with the top defense attorney. But police are still not calling Hernandez a suspect.

Susan Candiotti is live in North Attleboro, Massachusetts, with the latest. Good morning, Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Good morning, Chris. Yes, a judge imposing a document lockdown in this ongoing murder investigation, pulling down the curtain even lower in this mysterious case.


CANDIOTTI (voice-over): A judge ordering all records kept under wraps in the murder investigation touching New England Patriot's tight end Aaron Hernandez. A notice pinned outside the clerk's office reads, "Impounded by the court."

PAUL CALLAN, CNN LEGAL ANALYST: The usual reason this occurs, is that the court and the judge have made a determination that a potential defendant might be deprived of a fair trial if the evidence is released prematurely.

CANDIOTTI: In this case, there may be concern over one focus. Football player, Aaron Hernandez. Murder victim, Odin Lloyd, was a friend of Hernandez. Lloyd's body was found less than a mile from the football player's luxury home.

Investigators have searched his house twice, removing more than a dozen bags of undisclosed items. What was taken could have been made public but the list is now under seal. Sealing documents is perfectly legal, however, some experts call it surprising because of so much public interest.

CALLAN: I think a feeling among the public that, you know, something shady may be going on behind closed doors. Now, we don't have any evidence that that's happening. But I know -- I think a lot of people feel that way.

CANDIOTTI: On Tuesday, Hernandez got a visit from his criminal defense team, including Jamie Sultan, well-known in Boston for high- profile cases.

CALLAN: It would indicate to me that they take this investigation very seriously. This obviously is a career-ending event for Mr. Hernandez if he is ultimately charged with a crime.

CANDIOTTI: Police are not calling Hernandez a suspect and a law enforcement source tells CNN no arrest warrant has been issued.


CANDIOTTI: Defense attorneys have issued a statement saying that Hernandez is being subjected to a flood of misinformation and rumor in the media, yet thanking the district attorney for is professionalism. The D.A. issued a statement of its own, saying, thanks for the compliment. But there is no resolution in this case yet for Aaron Hernandez nor for the victim or family of the victim, Odin Lloyd -- Chris and Kate.

CUOMO: All right. Susan, as uncomfortable as it is, it is about getting justice for that family.


CUOMO: And this is the process.

BOLDUAN: That often does get lost, especially when another person involved is so high-profile and so well-known. It is something we still must focus on.

Still ahead on NEW DAY: the Swiss Air heist. How on earth did more than $1 million in cash disappear from a plane after it landed here in New York? Don't ask Cuomo. The latest on the airport robbery, just ahead.

CUOMO: And more plane problems. Another case of air rage: a woman dragged off a plane after she allegedly refused to turn off her cell phone, of all things. We are live with details.