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Did The "Star" Witness Perform?; Supreme Swing Voter; Hernandez Charged With Murder; L.A. Police Ambush; Pilot Praised After Plane Crash; Paula Deen Gives Tearful TV Apology; Coke For Breakfast?

Aired June 27, 2013 - 07:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CHRIS CUOMO, CNN ANCHOR: Yes, he identified someone following him. Yes, the guy was creepy. Are those the most important words of the day, Vinnie Politan?

VINNIE POLITAN, HOST, HLN'S "AFTER DARK": I think so. I think so. Because the only other person -- there's two people there, right, George Zimmerman and Trayvon Martin. Trayvon Martin is not going to be able to testify. The only one who can testify on his behalf and bring words into that courtroom was Rachel Jeantel yesterday. Her credibility so crucial to the prosecution's case, but those words, if the jury believes those words that Trayvon Martin wants George Zimmerman off of him at the beginning of his confrontation, I believe it's a win for the prosecution.

CUOMO: Especially in Florida because what, Jose, you told bus the law if you start the fight it will be a long night, right? That's what they say in Florida in terms of proving it was self-defense. So on day four, what do you have to do as defense counsel with Rachel Jeantel to try and balance it out here.

JOSE BAEZ, CRIMINAL DEFENSE ATTORNEY: You got to destroy her credibility completely. Now the problem is it's got to be done like a surgeon. It can't -- they can't go after her too aggressively because this is a young, unsophisticated girl and Don West would like a complete and total bully. He didn't win any friends over on that jury with a knock, knock joke so I think he has to walk on egg shells and make sure that he destroys her specifically and completely on the evidence and her statements and not on any attitude.

CUOMO: All right, Vinnie Politan, Jose Baez, thank you very much for balancing out the points here. This trial, a lot of intrigue early on, we're moving on to day four now so as we track the kind of back and forth in this situation on day three, which way did it go, where was the momentum carried? It looks like that was the day for prosecution, right.

The needle is moving towards them because you heard it, get off, get off, George Zimmerman started that fight. It's very difficult. Remember it's not about what I think, it's about what you think in terms of measuring as we go forward in trying to figure out who really matters the jury may come out on this.

Go to Facebook, Twitter or our web site Newdaycnn.com and we're going to have a lot more coming up on this with HLN's Nancy Grace in the show -- Kate.

KATE BOLDUAN, CNN ANCHOR: Also coming up next on NEW DAY, Paula Deen hits the air waves with a tearful apology, but will those words of remorse help her save her crumbling cooking empire?

(COMMERCIAL BREAK)

CUOMO: It's about 7:30. Welcome back to NEW DAY, everybody. I'm Chris Cuomo.

BOLDUAN: I'm Kate Bolduan. We're joined by our news anchor Michaela Pereira. It is Thursday, June 27th. Coming up in this half hour, Michael Jackson's oldest son testifies at the wrongful death revealing how the series of comeback concerts had his father fearing for his life.

CUOMO: Plus Paula Deen, watch the apology yesterday. She seemed emotional, she seemed upset. She only said the n-word once. Please forgive me. Turns out right now still having trouble. We'll check the fallout.

But first up, two landmark Supreme Court decisions in two days, but they do have something in common. Justice Anthony Kennedy, the only justice to vote with the majority on both voting rights and the defense of marriage act. He sided with the conservative wing on one, the liberal wing on the other. It's a familiar role for Justice Kennedy who just might be the most important swing voter in the nation. Here's CNN's Jim Acosta.

(BEGIN VIDEOTAPE)

JIM ACOSTA, CNN NATIONAL POLITICAL CORRESPONDENT (voice-over): The Supreme Court's decision to essentially strike down the defense of marriage act proved once again what many legal scholars have been saying for years.

JUSTICE ANTHONY KENNEDY, SUPREME COURT: We feel, number one, that our institution works.

ACOSTA: It's Anthony Kennedy's world we're just living in it. Writing the 5-4 opinion that delivered a victory for same sex couples, Kennedy was once again the swing vote in a landmark case.

JONATHAN TURLEY, LAW PROFESSOR, GEORGE WASHINGTON UNIVERSITY: He is his own man and he does vote with conservatives on many controversial cases and then votes with liberals on other cases. He votes the way he thinks is right.

ACOSTA: Kennedy is a justice who doesn't quite fit these hyperpartisan times.

FORMER U.S. PRESIDENT RONALD REAGAN: To Justice and Mrs. Kennedy and the entire family, congratulations. Good luck and God bless you.

ACOSTA: Tapped by President Reagan and confirmed by a vote of 97-0, he's the last Supreme Court justice to win unanimous approval from the Senate, his hearing far from contentious.

UNIDENTIFIED MALE: It seems to me that most Americans, most lawyers, most judges believe that liberty includes protection of the value that we call privacy.

ACOSTA: But Kennedy's rulings would go on to confound Supreme Court watchers. He sided with the conservative majority in the 5-4 ruling in Bush versus Gore and again in the Citizens United case, writing the opinion that opened the floodgates of "Super PAC" money into the political process. Social conservatives were well aware on their issues Kennedy was no sure thing.

UNIDENTIFIED MALE: In particular, he swings left on the social issues.

ACOSTA: In the end, Kennedy waged an emotional assault on DOMA, saying it offered same sex couples a second tier marriage that humiliates tens of thousands of children who were raised by gays and lesbians.

TURLEY: He really believes deeply in equality and when he doesn't see it, he doesn't like it.

ACOSTA: Social conservatives point out the Supreme Court did not legalize same sex marriage across the country. So for all the high praise coming from gays and lesbians for Anthony Kennedy's role in these decisions the swing justice still left the door swinging open for more battles to come. Jim Acosta, CNN, Washington.

(END VIDEOTAPE)

BOLDUAN: Thanks so much, Jim. Let's bring back in CNN's senior legal analyst, Jeffrey Toobin, for more on this. We often talk about kind of the personality of the justices, Jeffrey, and you expected that Kennedy would be the swing vote and, obviously, he was. So what is it about Justice Kennedy, his judicial, his legal theory that often puts him in this position?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, you know, there are certain issues that, obviously, touch him deeply. The Supreme Court has done -- has issued three gay rights landmarks in its entire history. A case called Romer from Colorado in 1996, Lawrence V Texas, which said gay people could not be thrown in prison for having consensual sex, in 2003 and yesterday's decision on same sex marriage.

Anthony Kennedy wrote all three opinions. He is a conservative personally conservative. He's an observant Catholic. He's from a very Republican family in Sacramento, California. Yet, there's something about discrimination against gay people that touches him and he is the justice defined forever as the one who has defined gay rights in the Supreme Court.

BOLDUAN: And you mentioned those three cases where he's written the opinions. So is this going to be his legacy, his position and the decisions that he's written on same sex rights, is this going to be his legacy on his time in the court? TOOBIN: Well, the great thing about being Anthony Kennedy is because of his swing position he's been -- he's written so many important opinions and some of them have been quite conservative. Citizens United, probably the most famous in that direction, but I think when Anthony Kennedy who is 76 years old and in very good health, when he finally steps down from the court I do think that same sex -- that the issue of gay rights and his incredibly important role will be the lead item that we all talk about.

BOLDUAN: All right, Jeffrey, thanks so much, always great to get your perspective. You know, Chris, that Anthony Kennedy may be second to the president, can be considered in some circumstances the most powerful man in Washington.

CUOMO: This is one of the examples where the Supreme Court winds up being the supreme law of the land. Moments like this where the court is so important. No question about that. These decisions one important story this morning but there are many others. So let's get to Michaela for the latest.

MICHAELA PEREIRA, CNN ANCHOR: Good morning to you both and good morning to you at home. Making news, former New England Patriot Aaron Hernandez charged with murder and being held without bail. During his arraignment, prosecutors laid out why it took them more than a week to charge him. They say they used surveillance camera video, cell phone pings, text message and evidence taken from a rental car and his home to determine he orchestrated the killing of 27-year-old Odin Lloyd. Hernandez's attorney says it's a circumstantial case.

Former South African leader and anti-apartheid icon Nelson Mandela is gravely ill now said to be on life support in a hospital in Pretoria. In light of this news, current President Jacob Zuma cancelled a trip to Mozambique. Well wishers are gathering at the hospital praying and lighting candles. The 94-year-old Mandela has been in the hospital battling recurring lung infection for more than two weeks.

Security is tight at police stations across Los Angeles as officers search for the gunman who fired on two veteran detectives. The suspect was caught on camera during Tuesday's early morning ambush outside the LAPD's Wilshire substation. One detective suffered a head injury. The other had a bullet graze to his hand.

The pilot who crashed his small plane in suburban Chicago is being praised for saving lives. He was having trouble just before landing at a small airport in Wheeling, Illinois and crashed the plane on to a road between two condo complexes. That pilot walked away with minor injuries only. He was the only person aboard the plane. No one on the ground was hurt. The NTSB is now investigating that crash.

To a lighter note now, a 5-year-old who is one part rapper and one part golfer. Check out this really young emcee.

He's from Allentown, Pennsylvania. Caleb's dad says the video was a creative way for the two of them to spend time together. The video has 19,000 hits on YouTube and building, all seasons, an emcee for all seasons, 5 years old. CUOMO: Impressive. Good for him.

All right, moving on, just hours after an emotional plea for forgiveness, two more major companies cut ties with Celebrity Chef Paula Deen. She apologized again Wednesday for her past use of the n- word this time on live television lashing out on what she calls horrible lies that she is a racist.

CNN's Pamela Brown joins us now with more on that. What's supposed to be her big day may not have worked out that way -- Pamela.

PAMELA BROWN, CNN CORRESPONDENT: May not. We're trying to figure out if it maybe hurt her more than helped her. More bad news as you mentioned for embattled Celebrity Chef Paula Deen. Her first TV interview since being at the center of a racism scandal may have done more damage than good. Shortly after her tearful apology not one, but two more companies pulled the plug.

(BEGIN VIDEOTAPE)

PAULA DEEN, CELEBRITY CHEF: I'm heartbroken.

BROWN: After serving up a tearful apology on the "Today" show two more companies dropped Deen like a hot potato. Cesar's announced its shutting down all four Deen-themed restaurants in its casinos. And another big blow, Wal-Mart which sells Deen's eye gas, cook ware and foods announced it's pulling Deen's products off store shelves. In a statement, the company says, "We will not place new orders beyond those already committed."

DEEN: The day I used that word it was a world ago. I had a gun put to my head.

MATT LAUER, HOST, NBC'S "TODAY SHOW": Do you ever wish you fudged the truth?

DEEN: No.

BROWN: Reaction was swift to Deen's latest explanation of her admitted use of racist language.

MARVET BRITTO, BRAND STRATEGIST: In each failed apology attempt, we see a corporate endorser step away from Paula Deen.

BROWN: Last year "Forbes" magazine named her the fourth highest earning chef in the world raking in an estimated $17 million.

DEEN: I'm going to smear the mayonnaise.

BROWN: Now she's poised to lose millions as investors back away.

CALEB MELBY, WEALTH REPORTER, "FORBES" MAGAZINE: We already know that she's losing approximately $2.5 million from the Food Network dropping her.

BROWN: Still it's not all bad news. Ticket sales for the Paula Deen cruise on Royal Caribbean Cruiselines have done so well, a second cruise was added for 2014. One of her upcoming cookbooks has skyrocketed in amazon.com rankings from above the 1,500s on Monday to number six by Wednesday evening.

DEEN: Here we go.

BROWN: Still experts say a long road lies ahead for the mega mogul.

BRITTO: Paula Deen needs to step away. She needs to take time to recalibrate her brand.

(END VIDEOTAPE)

BROWN: Deen is reportedly getting some help to repair her reputation. She has hired Crisis Management Consultant Judy Smith from Washington, D.C., and by the way, that's the same woman that the hit show "Scandal" on ABC is based.

BOLDUAN: I think Marvet had one good point amongst other things, step away.

BROWN: Yes.

BOLDUAN: One good piece of advice at this point. Thanks so much, Pamela.

Coming up next on NEW DAY, assessing the George Zimmerman second- degree murder case, so far it seems there's much more come. As well, Nancy Grace is going to weigh in live as Trayvon Martin's friend prepares to return to the stand today.

CUOMO: And we have controversy here on NEW DAY. It involves this man, Captain Crunch. John Berman is at the center of it. The hilarious response to our John Berman's investigation. Is he a real captain or wait for it a cereal liar? Thank you very much.

(COMMERCIAL BREAK)

CUOMO: Just before 8:00 in the morning. That means it's John Berman time. He's here with his NEW DAY award of the day award, sir.

JOHN BERMAN, CNN CORRESPONDENT: Our award today very much about damage control. It's a lesson, really. Remember how we and others helped exposed Crunchgate. This is a revelation that cereal celebrity, Cap'n Crunch calls himself a captain even though he only wears the three stripes of a commander. Now after our pressure, Mr. Crunch finally made an on YouTube statement defending himself. You have to listen to this.

(BEGIN VIDEO CLIP)

CAP'N CRUNCH: You may have noticed a few other things about me. I have four fingers. First mate's a dog. My eyebrows are attached to my hat. Finally, I wish to thank those of you who have stood by me. I will forever be your cap'n.

(END VIDEO CLIP)

BERMAN: First, this is amazing. First, let me profess my immense journalistic satisfaction that we were able to help shine a light on this. Enforce a response from Cap'n Crunch. This is a lesson to anyone, public figures, Lance Armstrong, IRS and Anthony Weiner, of how to handle this type of thing.

So our award today to Cap'n Crunch is the "Who Needs Oprah Award." Forget the soul searching interview and forget contrite congressional hearings and forget answering the real question at hand. Just talk about your eyebrows.

CUOMO: Especially if they're on your hat.

BOLDUAN: Berman's eyebrow's -- carefully applied every day. Thanks, John.

Coming up next on NEW DAY, is a new day for a classic CNN show. "CROSSFIRE" is coming back and we're talking to two of the new host -- look at them. They are talking quite nicely. Not even debating yet, Newt Gingrich and Stephanie Cutter coming up.

CUOMO: What is going on? We'll have a talk with them. Two blockbusters and seen with his minions. The role of anchorman reprised.

(COMMERCIAL BREAK)

BOLDUAN: I've got a feeling it's rock block. That music means it's time for the rock block. A quick round up of the stories you'll be talking about today. First up, Michaela.

PEREIRA: Good morning to you and good morning to you at home. First up, in the "New York Times," a new study about running, the way their feet hit the ground could be wrong. It turns out it may have nothing to do with injuries.

Mj.com focused on the battle over sports betting. New Jersey wants to legalize it, but the major sports leagues are opposed. Both sides argued in an appellate court Wednesday.

In the "Miami Herald," Alex Rodriguez's possible suspension in the Biogenesis scandal could hinge on the testimony of his cousins. Major League Baseball wants to depose him in their suit against the clinic that allegedly supplied performance enhancing drugs.

BOLDUAN: OK.

CUOMO: All right, Christine Romans here. We're going to keep the streak going there in the money way of Wall Street.

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Two wins on Wall Street. Today could be number three. Futures higher this morning after that strong finish yesterday. Starbucks barista must share tips with their shift supervisors. Both positions are hourly, part-time, but a New York court now has ruled that baristas don't have to share tips with the assistant managers who already get benefits.

And Coke for breakfast? One of Coke's bottlers in Europe looking to make soft drinks part of people's morning ritual like coffee, tea, smoothie, no, a Coke. It's a big market. Coke is a quarter of all drinks are consumed before 10:00 a.m.

BOLDUAN: The 90 percent of that are people in the news business. Let's go over Indra Petersons in the weather center with what you need to know before you head out the door.

INDRA PETERSONS, AMS METEOROLOGIST: That is the only place it seems normal. It's all about ups and downs, as far as the weather. We're talking about extreme weather. In the east, we're talking about more rain, all this warm humid air mixing with the cold front means heavy rain, unfortunately, as we go through the weekend.

But a lot better than what we're dealing with in the west. Look at these temperatures, they are soaring. This is extreme heat. We're talking about heat above 115 for several days. That is a dangerous weather pattern. Unfortunately, it means one of the deadliest weather patterns there is.

BOLDUAN: OK, Indra, thank you. It's now near the top of the hour which, of course, means it's time for the top news.