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Supreme Court Rules on Same-Sex Marriage Cases; NSA Leaker Still At Large; NFL Player Arrested for Murder; Healthy Snacks in Schools; George Zimmerman Trial Day Three Recap

Aired June 27, 2013 - 07:00   ET



UNIDENTIFIED MALE: I feel both joy and joy.

CHRIS CUOMO, CNN ANCHOR: Historic decision. Same-sex marriage gets a boost, but the battle is just beginning. Both sides gearing up this morning. So, what happens next?

KATE BOLDUAN, CNN ANCHOR: Raw emotion, dramatic testimony from Trayvon Martin's friend. What she said that could help the case against George Zimmerman and what about those icy glares to the defense attorney?

MICHAELA PEREIRA, CNN ANCHOR: Not enough. Paula Deen's tearful apology doesn't stem the tide. Wal-Mart has now dropped her. Others followed suit. What will she do next?

CUOMO: Your NEW DAY starts right now.

ANNOUNCER: What you need to know.

UNIDENTIFIED FEMALE: And then I just told him run and that he said --

ANNOUNCER: What you just have to see.

UNIDENTIFIED MALE: I will forever be your captain.

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


BOLDUAN: Good morning and welcome back to NEW DAY, everyone. It is June -- it is Thursday, June 27th. I'm Kate Bolduan.

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

PEREIRA: Oh, you tried to do James Earl Jones.

CUOMO: I didn't get that right, but I got this right. It's seven o'clock in the east. We are in the middle of 30 minutes of commercial free news. Coming up this hour, we look at raw testimony in the George Zimmerman trial. Trayvon Martin's friend talks about his final moments and the confrontation that ended his life. Take a listen.


RACHEL JEANTEL, TRAYVON MARTIN'S FRIEND: Now the (EXPLETIVE DELETED) is following me. And then I just told him "run" and that he said "no."


CUOMO: Was she believable? We're going to break it down for you with Nancy Grace, Vinnie Politan, and Jose Baez, the defense attorney who won the Casey Anthony her freedom.

BOLDUAN: And changing your kids' snacks. A dramatic overhaul of school foods, school snacks for the first time in more than 30 years. We have the important details for you this morning.

PEREIRA: And coming up, we've got one of Hollywood's funniest and I'm going to add nicest man in Hollywood. Steve Carell is here to talking about his new movie, "Despicable Me 2." Can't wait for that.

CUOMO: This morning, our first story up is from joy to outrage. Strong reaction to the Supreme Court's history-making rulings on same sex marriage. There is change at the federal level, but now the intense battle over gay rights moves to individual states. Joe Johns is in Washington with the latest on this. What is the status, Joe?

JOE JOHNS, CNN CORRESPONDENT: Chris, now that the Supreme Court weighed in on this question of what happens next on same sex marriage, in the short term it's sort of about how long it takes before couples start getting married in the state of California, but longer term it's really about what this means for the marriage equality movement.


JOHNS: All night and even into this morning, celebrations for historic ruling, while others denounce what they call the death of traditional values. Emotional reactions following a pair of Supreme Court decisions giving the same sex marriage movement its biggest victories to date, the court striking down parts of the Defense of Marriage Act that denies benefits to legally married same sex couples and allowing same sex marriages to resume in California. But what now?

JOHN EASTMAN, NATIONAL ORGANIZATION FOR MARRIAGE: We will continue to fight in the states where we won 37 times out of 40 ballot initiatives. And I think the states will continue to defend traditional marriage in overwhelming numbers.

JOHNS: One of the lawyers that led the case for same sex marriage says bring it on.

DAVE WHITE, ATTORNEY: In five years our goal is to have marriage equality throughout the country. I think that's an achievable goal.

JOHNS: Polling shows support for same sex marriage has grown over the years, and 55 percent of respondents supported it in the latest CNN/ORC poll. Two years ago that number was 51 percent and four years ago it was far less. But there's still a long way to go. As of now 12 states and the District of Columbia have voted to allow same sex marriage, 36 states expressly forbid it.

Battleground California has voted both for it and against it, but the Supreme Court has declined to rule on Proposition 8 clearing the way for couples to start getting married there.

KAMALA HARRIS, CALIFORNIA ATTORNEY GENERAL: There's no doubt whatsoever the bells will ring and marriages will begin.

JOHNS: Both sides in this battle have plenty of money and are highly motivated and have been doing this for years. You haven't heard the last of the fight over same sex marriage.


JOHNS: And you don't want to forget what this was all about in the first place. Over 1,000 federal benefits were affected by the restrictions of the Defense of Marriage Act. The administration says they want to move quickly to try to put the new ruling into effect.

CUOMO: That's right, Joe. But until people of same sex get married in every state they will feel they are not completely equal. Thank you very much.

BOLDUAN: And will create a lot of confusion, especially legally. But let's talk more about all of this with CNN senior legal analyst Jeffrey Toobin, also author of "The Oath, The Obama White House and the Supreme Court." He's joining us now from Washington.

Long days for you, Jeffrey. But let me ask you first, especially regarding the Defense of Marriage Act. The Obama administration said they will move as quickly as possible to grant same sex couples the same benefits as heterosexual couples. There's got to be roadblocks along the way to putting this in place.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: There are. And there are just a lot of complexities. Think about, for example, couples, same sex couples in relationships that in states that don't have, that don't have same sex marriage. So you have couples that move, married couples in Massachusetts, let's say, who get married in Massachusetts with who move to Alabama. Do they get federal benefits? Do they get to file joint tax returns? These are the kinds of things that are going to be very complicated in the Obama administration. They have to sort out all those rules and it's not going to be -- it's not a simple task.

BOLDUAN: And the justices in their majority opinion went further than many expected in striking down DOMA, but still they did not go as far to say there's a constitutional right to same sex marriage. Does that mean, does that tell you there's more legal challenges ahead?

TOOBIN: I think what was so extraordinary from Justice Anthony Kennedy's opinion he wasn't lot farther than he had to, especially in his rhetoric, and he really did almost invite challenges in those 38 states that don't have same sex marriage. He went up to the edge. He didn't do it, but went up to the edge of saying there is a constitutional right in the United States to marry the person you love of whatever sex, and that are the lawsuits that's on the horizon now, challenges in those states that forbid it saying that the United States constitution allows it. That is going to be challenge. Those are challenges that will start working their way through the courts, and they'll be back in the Supreme Court before too long.

BOLDUAN: It also begs the question the Defense of Marriage Act the majority opinion that struck down DOMA it sparked three different, I believe, dissenting opinions from three conservative justices. Why three?

TOOBIN: The four conservative justices had a lot of objections to Justice Kennedy's opinion, and they were in different areas of the law. But look, this is a very polarized court. You have five Republicans on the court, you have five Republicans appointee, four Democratic appointees, and Anthony Kennedy, as so often is the case, was in the middle.

In the Voting Rights Act case where they struck it down the day before yesterday he sided with his fellow Republican appointees. Yesterday he was with the Democratic appointees. He determines the outcome of so many cases. And it's a good time to be Anthony Kennedy.

BOLDUAN: I would think so, or a difficult time to be Anthony Kennedy. We'll talk much more about that swing vote, Justice Anthony Kennedy, later this hour. Jeffrey, we'll talk with you later.

CUOMO: The president was calling in from Air Force One to celebrate the victory with people. Where he was going was Africa. That's where the president is right now. He's holding a news conference in Senegal. He's there to promote democracy and business investment bust Nelson Mandela's failing health weighing in on the trip. CNN White House correspondent Brianna Keilar joins us live from Senegal. And what's it like there right now, Brianna?

BRIANNA KEILAR, CNN WHITE HOUSE CORRESPONDENT: Good morning, Chris. President Obama is on schedule right now here in Senegal and his itinerary remains the same. He is officially still supposed to be going to South Africa and then to Tanzania. But Nelson Mandela's health very much putting some things up in the air. The White House hasn't said it's going to officially make any changes but considering contingencies and closely monitoring Mandela's health at this point.

Here in Senegal, though, he has begun a press conference with the president of the country Macky Sall. And he will today also go and visit the Supreme Court and then he'll go to a place called Gory Island, a former departure point for slaves heading across the Atlantic, so a very emotional visit there today.

But his big reason for being here in Senegal is to highlight an example of democracy in Africa, an example for other nations here on this continent. Sall, who he's having this press conference with now, came into power after the president before him tried to change the constitution to take on a third term. So President Obama talking about rule of law and using this country as an example, Chris and Kate.

CUOMO: Brianna Keilar, thank you very much. Kate?

BOLDUAN: Russian officials say it's time for NSA leaker Edward Snowden to leave Moscow airport, the airport that he has called home for the past five days. Apparently a flight just left and Snowden was not seen boarding. This as new reports claim Snowden wasn't always such a big fan of leakers. Internet postings from 2009 attributed to Snowden said leakers should be, in his word, "shot." CNN's Barbara Starr is joining us live from the Pentagon. The cat and mouse chase continues.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Indeed. Good morning, Kate. That website has, indeed, posted the story using some material from 2009 in which it says Edward Snowden supposedly using the screen name "The True Hula" posted some angry comments about the "New York times" reporting on potential cyber-attacks or potential attacks against Iran.

Snowden says in this website posting "Are they trying to start a war? They are like WikiLeaks," referring to the "New York Times". The answer back "They're just reporting, dude." He goes back and says "They are reporting classified." He's obviously at some point very angry about the concept of leaks. The irony gets past no one, here.

CNN, we could not independently confirm this information that it was Snowden but the Web site says this is a name he has used in the past, "The True Hula."

Look, Kate, the bottom line right now is did Snowden cause real damage to national security. Just late yesterday for the first time Defense Secretary Chuck Hagel said yes, that there was a serious security breach. Officials say that terrorists are changing their tactics already. But there are a lot of skeptics who still say terrorists know not to use their cellphones, not to log on, that mainly this is embarrassment to the U.S. government. The debate goes on. Kate?

BOLDUAN: That's absolutely right. Barbara Starr at the Pentagon. Thank you.

CUOMO: After a week of intense scrutiny police have charged ex-NFL player Aaron Hernandez with first degree murder. New England Patriots fired the former tight end almost immediately. Prosecutors now say Hernandez executed the victim and then tried to destroy evidence. CNN's Alina Cho is in the Massachusetts with the latest. What do we know, Alina?

ALINA CHO: Chris, good morning. This is certainly not the kind of environment that Aaron Hernandez is used to. He's waking up in a single person jail cell this morning. A little more than a week ago he was simply a star tight end for the New England Patriots. Today he stands accused of murder.

(BEGIN VIDEOTAPE) CHO: Stone-faced and silent, only briefly wiping his brow, Aaron Hernandez made his first appearance in an Attleboro, Massachusetts courtroom on Wednesday, arraigned on first degree murder.

WILLIAM MCCAULEY, BRISTOL COUNTY PROSECUTOR: The defendant had means, opportunity, to perpetrate the crime. He orchestrated the crime from the beginning.

CHO: Prosecutors laid out in detail what they believe happened on June 17th in the hours before a jogger found the body of 27-year-old Odin Lloyd, a semi-pro football player and friend of Hernandez shot in an industrial park less than a mile from Hernandez's home.

Hernandez and Lloyd dated sisters. Surveillance video taken from Hernandez's own home security system showed the football player with a firearm, that cell towers tracked his movement, text messages showed he picked up Lloyd at his home in a silver Nissan Altima, the same make of car Hernandez rented, that additional surveillance shows video capturing the car arriving and leaving the crime scene, and that shell casings found there matched a shell casing found in the rental car. As for a motive --

MCCAULEY: The two of them had gone to a club on Friday night, ended up spending the whole night together. And there were certain things that happened during the night that he was upset about and now didn't trust the victim.

CHO: This photo obtained by TMZ shows Hernandez holding a glock handgun in a photo he took of himself on his cellphone. It is not clear when the photo was taken or if the weapon is tied to the crime.

MICHAEL FEE, AARON HERNANDEZ'S ATTORNEY: It is a circumstantial case. It's not a strong case. This defendant comes to court without any record whatsoever, has never been accused of a violent crime.

CHO: A dramatic fall of Grace for the ex-New England Patriot's tight end who less than a year ago signed a contract extension worth as much as $40 million. The Patriots have released Hernandez and the NFL calls the case deeply troubling.


CHO: Prosecutors say Hernandez was with two friends on the night that Odin Lloyd was killed, so one big question going forward is what role did they play? Are they cooperating with police, and will they ultimately turn on Hernandez? Hernandez himself will make his next court appearance on July 24. And Chris and Kate, one other note -- interestingly enough NFL and patriots have stopped selling the Aaron Hernandez football jersey. In fact we are told those jerseys have already been pulled from the shelves.

CUOMO: What a difference a week makes. Just a week ago people say if he's involved at all it's on the fringe, maybe just an obstruction charge. Now they are looking at him as one of the main actors. Alina Cho, thank you very much.

BOLDUAN: It sounds like his troubles are only beginning.


CUOMO: A lot of news this morning. Let's get over to Michaela.

PEREIRA: I'm not ready for snow yet. Let's just enjoy summer.

Let's take a look at the headlines. Making news at this hour, a once classified review raising concerns about the relationship between the CIA and police, specifically the NYPD. The report says four CIA analysts were embedded with the NYPD in the decade after the September 11th attacks, including one who helped conduct surveillance operations in the U.S., this revelation happening during time of intense interest in domestic spying.

Look at this rescue. Three visitors from Texas were hiking near a waterfall on Hawaii's big island where a rock slide rained down and trapped them on the trail. Firefighters pulled them out. The hikers, including a seven-year-old girl were banged up but officials say their injuries are not life-threatening.

A Seattle family says a big 'ol hole in their ceiling came from a piece of metal that came from a sky. It was a three pound piece of metal, a metal bar in fact, crashed through the roof of the family's home on Sunday. In his report, a Seattle police officer speculated that the metal bar may have fallen off an airplane or was dropped by, quote, "a really big bird that had stolen a lead bar." Just saying. That's what he said. The FAA has launched an investigation.

Love this. Lionel Richie's classic hit "Hello" is getting a second chance at life almost 30 years later thanks to quite a hilarious beer commercial. Check it out.


LIONEL RICHIE, SINGER (singing): I want to tell you so much I love you


PERIERA: The guy opens the fridge, Lionel Richie is in the fridge is playing a baby grand. It's so fantastic. In case you didn't catch it, the ad promotes a beet dispenser for the home. Richie reportedly made a cool $1.5 million for the commercial and use of his song. There he is inside with the piano. It just cracks me up. I don't know.

BOLDUAN: Beer commercials always seem to set the standards of awesome (ph).

PERIERA: They do.

CUOMO: Beer sets the standard.

BOLDUAN: Oh. Sorry. Correction. Sorry.

(LAUGHTER) CUOMO: What a great -- I love Lionel Richie, don't get me wrong. I remember the whole clay head with the song, but a beer dispenser in your refrigerator? Genius.


CUOMO: The USDA is trying to change what your child snacks on in school. It is the first overhaul of school snacks in more than 30 years, and guess what -- it's dramatic. CNN's senior medical correspondent Elizabeth Cohen has all the details. So tell me, Elizabeth, what's going to be in, what's going to be out with these new snacks?

ELIZABETH COHEN, CNN SENIOR MEDIACAL CORRESPONDENT: All right, let's make a list for kids who are going back to school, well not this year but the year after. Anyhow here's the list. What's out is candy bars. You can't go to a vending machine at school starting 2014 and get a candy bar. I know I did that all the time as a kid. Instead, you can get granola bars. Out are regular potato chips and in are baked chips. We'll see how many kids actually like those. Out are sports drinks and in are 100 percent fruit or vegetable drinks, or low or nonfat milk and, Chris and Kate and Michaela, here's another thing that's out, this -- you can't get a doughnut. Forget it. They are gone. Too much sugar, too much fat. But you could get a bag of almonds. That's okay.

BOLDUAN: I'll say that's a good choice but my face will tell you --

COHEN: You want the doughnut.

CUOMO: You know what I really want right now? A bag of almonds. Nobody says that. They say I want a doughnut.

PERIERA: It could happen. I have some on my desk if you really have a hankering.

CUOMO: Talk to the teachers that say there are few problems in school, other than how the kids treat each other, what they are putting in their bodies.


CUOMO: Thanks Elizabeth.

BOLDUAN: Thanks so much, Elizabeth.

Coming up next on NEW DAY, the state's star witness takes the stand at the George Zimmermen trial. Who does her testimony help more? HLN's Vinnie Politan and defense attorney Jose Baez weight in next.

CUOMO: And a lot of us saw Paula Deen's tearful apology yesterday. Well, some companies not too impressed, still cutting ties with Paula Deen. Question, can she undo the damage?

(COMMERCIAL BREAK) BOLDUAN: Welcome back to NEW DAY. We begin with the key prosecution witness in the George Zimmerman trial. Rachel Jeantel describing the phone call she had with Trayvon Martin as he came face to face with George Zimmerman. She's due back on the stand for cross-examination today. CNN's George Howell is in Sanford, Florida with the latest. What are we expecting, George?

GEORGE HOWELL, CNN CORRESPONDENT: Kate good morning. She came across as raw as very real. She seemed uncoached, and her every word and action could have a big impact in the outcome of the case, but given some of the answers she provided to the court the question now is will this jury believe her?


HOWELL: She's the last person to have spoken to Trayvon Martin on his cell phone the night he was fatally shot and killed. A key witness to the prosecution whose testimony took various turns throughout the day. At first Rachel Jeantel became emotional when questioned about why she lied saying she was in the hospital and couldn't go to her friend's funeral.

RACHEL JEANTEL, FRIEND OF TRAYVON MARTIN: Didn't want to see the body.

UNIDENTIFIED MALE: You didn't want to see the body?


HOWELL: She told prosecutors Martin used racial slurs like the N-word to describe the man following him.

JEANTEL: Now (DELETED) he's following me.

UNIDENTIFIED MALE: He said the man looked creepy?

JEANTEL: Creepy, white, excuse my language, (EXPLETIVE DELETED)

HOWELL: Jeantel says she told Martin to run, but then the phone went dead. When she called him back, she says Martin told her he was still being watched, then confronted.

JEANTEL: He said why your following me for? And I heard a hard (ph) brusque (ph) man come (ph) and say what you doing areound here? And then I was calling Trayvon, Trayvon, and I started hearing Trayvon saying say "get off, get off."

HOWELL: Then the tone of her testimony changed when cross-examined by Zimmerman's defense team. At times appearing to have an attitude when questioned by attorney Don West.

JEANTEL: I had told you -- you listening? .

HOWELL: The 19-year-old admitted she lied about her age, claiming to be 16 at the time of the shooting because she didn't want to be questioned. She said she didn't call police to tell her account because she expected police to contact her like they do on the TV shows. Then there's the issue of the audio recording, the witness made with attorney Ben Crump, who represents Trayvon Martin's family. A recording Crump played publicly to draw attention to the case.

Jeantel admitted to defense attorneys she made the recording hastily and that she didn't really want to do it.

JEANTEL: Crump interview meant (ph) nothing to me.

UNIDENTIFIED MALE: You didn't take it seriously?



HOWELL: So at the end of court yesterday Jeantel did seem a bit annoyed when she learned from attorney Don West that she would have to return again today and that her testimony could take another couple of hours, Chris.

CUOMO: All right, George. That's the way the process goes. Thank you for the reporting. Now, to all of you at home. We want to start with what your take is on this blockbuster trial. What do you think? Weigh in. Go to our Facebook page, Twitter or our website We're going to use your comments to inform our coverage about what seems influential and what did not.

So, how did yesterday go? Let's take a look. All right, on day three for the prosecution we'll put a graphic up for you to make it a little bit easier. We had Rachel Jeantel testified that Zimmerman pursued Martin. Very important. Why? Because it goes to where self-defense came in. That's going to be a big element. Martin was scared called Zimmerman creepy. What does that mean? Again, it makes Trayvon Martin seem like a victim, which is going to be a big point of contention.

Martin screamed get off, get off at Zimmerman. Probably the biggest point of the day. Why? Because it shows who started the fight. And if Zimmerman started the fight his claims of self-defense much more difficult to prove.

For the defense. Jeantel lied about several things. What did that mean to the jury? We'll have to figure that out. Reveal Jeantel didn't call for help after the final call. Well, Jeantel is not really on trial, but what will that mean to the trial? And them, Jeantel got agitated and combative on stand. Again, it all goes to the believability of this particular witness.

So, who knows all this? Let's bring in the real experts. We have Jose Baez who is helping us on the defense and Vinnie Politan, former prosecutor, you know him from HLN. Great to have both of you. Gentlemen thank you for joining us. A very important case.

Let's begin what was done for evidence. Okay. Prior calls that George Zimmerman made to emergency authorities. A big fight between prosecution and defense. Defense argued this is prejudicial has nothing to do with that night. Judge Nelson believed the prosecution's argument which goes to state of mind. Very important because this charge, this second-degree murder, prosecutors have to prove that there was evil intent in George Zimmerman's mind. So the calls come in. Question is whom did they actually help? Vinnie Politan, how good were these for the prosecution?

VINNIE POLITAN, FORMER PROSECUTOR: They absolutely help the prosecution because what they demonstrate is George Zimmerman's mindset the day and the night that he killed Trayvon Martin. The ill will despite the hatred that you need to prove second-degree murder is there. Based upon those calls you see how frustrated George Zimmerman is with what's happening in his neighborhood and who does he blame? The young black males who believes are burglarizing and causing all the problems inside his gated community.

CUOMO: Okay. Jose Baez let's put equal passion on the other side. In the calls he seems calm. He doesn't seem that heated up. He doesn't come off exactly like a vigilante, but more as a concerned citizen. That's what the defense will say, yes?

JOSE BAEZ, DEFENSE ATTORNEY: Well, I tend to agree with Vinnie, however it can cut both ways. If you look at it, what he's doing is actually -- he's a concerned citizen, and if you have any victims of crimes on this jury, (INAUDIBLE) he's going to come across looking well. This is concerned citizen. He did the right thing. He did what he was told, which is call the police.

CUOMO: All right. So now, we have two big witnesses. The first, Jenny Manalo (ph), she comes on and says Zimmerman was on top. Why is that important, Vinnie?

POLITAN: That's important because who is the aggressor? Who is attacking who? Who is in fear and who may have been screaming for help? And if George Zimmerman is the one on top of Trayvon Martin he's the aggressor, he's got the upper hand and it's Trayvon Martin screaming in the background of those 911 calls.

CUOMO: Now, Jose does it help that Zimmerman says himself in his declaration to the police the day after the event, I was on top. But then things shifted. And he was on top of me and that's when the brutal beating began. Is that good enough to offset it?

BAEZ: It is. You know, I think both sides are conceding that there was a dogfight here and there was some wrestling going on on both sides. I don't necessarily know if it ultimately solves the real question, the $64,000 question is who started this fight. I don't think it solves that issue.

CUOMO: And let's go to that right now. Why does this case, for all the talk about who they are and how they are come down to that one moment in time, and who began this brawl, Vinnie. Why will it come down to that?

POLITCAN: It comes down to it because George Zimmerman is claiming self-defense. He's claiming that he's the victim. So if you are the one who is pursuing, following, and beginning the physical confrontation, how on Earth can you turn around to the jury and say I had to kill him he was going to kill me if you're the one that started the whole thing. It's not going to sit well with the jury. That's why it's so important and the witness Rachel Jeantel is the closest the prosecution has to anyone seeing that initial confrontation because she's listening on the phone.

CUOMO: Right, she's not seeing, she's hearing we're going to get to Jeantel in a second, but Jose to button up the other side of Vinnie's argument, tt can still be self-defense right? Because if the fates change in the fight even if Zimmerman started it he could have been in a position to where he felt his life was threatened. How do they argue that side?

BAEZ: In the state of Florida you can't claim self-defense if you're the initial aggressor. The initial aggressor is the key issue here. Really, Rachel Jeantel is the only witness that talks about whether who is the initial aggressor. Everything else is murky at this point.

CUOMO: So, let's get to this. The big testimony of the day, what will move the needle on day tree, Rachel Jeantel says I heard Trayvon Martin say "get off, get off." Yes, he identified someone following. Yes, the guy was creepy, but those words, are those the most important words of the day, Vinnie Politan?