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The Crash Of Flight 214; Did They Have Enough Experience?; Tracking Chantal; Quebec Train Crash Criminal Probe; Hernandez Murder Investigation; Boston Bombing Suspect In Court; Egypt's Military Discusses Clashes; George Zimmerman on Trial

Aired July 10, 2013 - 06:00   ET


CHRIS CUOMO, CNN ANCHOR: I'll tell you what I can do. I can tell you the news, and it is the top of the hour, and that means you're on "NEW DAY," time for the top news.


UNIDENTIFIED MALE: Accidents don't happen from a single cause. It's a link of events chained together.

CUOMO: New details on Asiana flight 214. The pilot in training, his instructor, teaching for the first time, and key equipment may have malfunctioned.

KATE BOLDUAN, CNN ANCHOR: Was it foul play? The fiery train explosion that leveled part of a Canadian town may have been caused by a criminal act. Dozens may be dead.

MICHAELA PEREIRA, CNN CORRESPONDENT: Blockbuster revelations in the case against Patriots player, Aaron Hernandez. An alleged accomplice pointing the finger at the former NFL star. We have the latest.

CUOMO: Your "NEW DAY" starts right now.

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


CUOMO: Good morning and welcome. Happy Hump Day, everybody. This is "New Day." It's Wednesday, July 10th, six o'clock in the east. I'm Chris Cuomo.

BOLDUAN: Good morning, everybody. I'm Kate Bolduan. We're joined by news anchor, Michaela Pereira, and we have a lot going on this morning, including a "New Day" exclusive. The first time anyone who was seriously injured in the crash of flight 214 will be speaking out. A father just released from the hospital joining us live with his kids who also, of course, survived. Their mother is still in the hospital. Their story, heart stopping.

CUOMO: And lawyers fought late into the night because George Zimmerman wants to show Trayvon Martin's text messages in court, and, an animated recreation of what happened that night. What will the judge do? Also, a key experts says the evidence supports Zimmerman's story. Is he right? We have Vinnie Politan, Danny Cevallos, and Tom Mesereau breaking it down for us.

PEREIRA: And another "NEW DAY" exclusive. We all saw that amazing video message from the three kidnapped Cleveland women. Now, we hear from their family for the first time. That's coming up. The story behind that video.

CUOMO: But we begin this morning with new developments about the men at the controls of flight 214. The pilot was still in training on the Boeing 777, had only logged about 35 hours in a plane. His instructor, a pilot on his first flight in that role. CNN's Miguel Marquez live at San Francisco International Airport. Good morning, Miguel.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning, Chris. We have a much better idea of how this investigation is going and what caused this crash. The bulk of the investigation beings done here on the ground. Investigators saying that it was the landing gear that hit that seawall first, essentially a few feet higher, and they may have stuck that landing a few feet lower and a much more tragic story.


MARQUEZ (voice-over): Three pilots were in the cockpit of the 350-ton jet when it crashed in San Francisco on Saturday.


MARQUEZ: The man in command of the Asiana ill-fated flight was experienced on the 747. Like this KLN flight landing on the very runway of the San Francisco, crash but this was his first time landing a 777 here.

DEBORAH HERSMAN, NTSB CHAIRWOMAN: Instructor pilot stated that they were slightly high when they passed 4,000 feet.

MARQUEZ: The co-pilot very experienced flying a 777, but this was his first time as an instructor on the aircraft. Investigators say the autopilot was off, but the autothrottle, a device that regulates speed, was on and set to 137 knots. But seconds before the crash, the plane had slowed dangerously to 103 knots.

HERSMAN: We are now going to be looking at flight data recorder information to validate parameters, things like the autothrottles.

MARQUEZ: But there is a speed indicator in the plane and they would also have seen bright red and white lights like these on the simulation flight they're called precision approach path indicators or poppy lights.

(on camera): If I see all red, it means I'm too low. If I see all white, it means I'm too high.

HERSMAN: At 200 feet, he noticed the four poppies were red. MARQUEZ (voice-over): The impact so violent, NTSB investigators say two flight attendants were ejected from the plane after the tail section broke off.

ELLIOT STONE, CRASH SURVIVOR: I believe we ended up finding what we believe were four people that were in the back in the rubble.

MARQUEZ: Today for passengers arriving in San Francisco, an eerie sight, that burned out wreckage of Flight 214, a sobering reminder of how close so many came to death.


MARQUEZ: And we now know that no blood was taken from the pilots in the hours after this crash. U.S. investigators saying that they have no jurisdiction over foreign crews -- Kate.

KATE BOLDUAN, CNN ANCHOR: All right, Miguel Marquez, it's a very big question, one we want to talk more about with Mary Schiavo. She is joining me from Charleston, South Carolina this morning. Of course, Mary is a former inspector general of the Department of Transportation and an aviation attorney for the law firm Mattley Rice.

Mary, so we've been talking to you almost day by day about the new developments that we've been learning from the NTSB press conferences. What do you think about some of the latest detail? We learned about what was going on in the cockpit. NTSB saying in their interviews with pilots that the pilots have said they set the autothrottle, which is essentially cruise control on a flight, at the correct speed, but clearly something went wrong, what does this new detail tell you?

MARY SCHIAVO, FORMER INSPECTOR GENERAL, DEPARTMENT OF TRANSPORTATION: Well, this is important new detail and one which will be resolved without a doubt by this wonderful black box flight data recorder with 1,400 different pieces of data that it records. Now, only one of the pilots, I believe, mentioned that he had problems with the autothrottle. I think he said it wasn't responsive.

The instructor who is supposed to be in command of this flight apparently didn't say that. The trainee said something about that. So there's a discrepancy here. Maybe there's a problem with the autothrottle and that certainly might explains why something went so wrong on this beautiful clear day. This is the first time we heard about the potential of a mechanical problem.

BOLDUAN: But let's also talk about what more we've learned about the pilot's flight record. So the pilot that was flying, that was really behind the controls, he was only halfway through his training on the 777 with only ten legs under his belt, 35 hours on that plane. On top of that, the pilot who is supposed to be his instructor, this is the first time that he was working as an instructor. What do those two things tell you? Does that surprise you?

SCHIAVO: Yes, now that both of those facts, both of those training positions are shockingly inadequate. First of all when they say he's flown ten legs. He didn't say trips. I think Hersman was very clear on that because you can rack up ten legs in two trips. So I think when the facts come out, we will find he had flown his plane on very few trips, maybe as few as two or three. Legs are when you land and take off, and land and take off.

We're used to that in the U.S., hop scotching. And then for the instructor to be on his first instructing trip, that also shows that they're experienced in crew resource management. Meaning he's not challenging the very unsuccessful pilot. They're not on top of the communication with each other. The NTSB will be very interested in that. It's not a good situation.

BOLDUAN: I also want to ask you about one little detail that came without yesterday not that we're making any accusations or allegations against the pilots. But the NTSB said that the pilots were not tested for drugs and alcohol, which is standard procedure in the U.S. after a crash like this occurs because as Miguel Marquez says because it's a foreign-based flight crew and airline, they were not required to test them.

SCHIAVO: Well, see, that's a little bit -- I have a difference of opinion on that. The NTSB has been doing this a very long time, but whenever anyone enters this country, unless you have diplomatic immunity, you are subject to the laws of the United States. I actually disagree. I think they should have asked and, frankly, demanded that they be drug and alcohol tested.

First of all, all U.S. pilots are subject to that and I think that because this airline co-chairs with U.S. carriers, both United and U.S. Air, I think they could be subject to it because we're putting lots of American citizens on those airlines even though they buy tickets not on Asiana, but on U.S. carriers and I think they would have enough bite to do that if you pushed the issue.

I think they should have pushed the issue because this was so unexplained. I mean, why would you let your air speed and your altitude deteriorate so rapidly when you do have other instruments in the cockpit to give you warnings even if you're not on autopilot?

BOLDUAN: Especially when this happens on such a clear day with so many miles of visibility that you have for really perfect conditions for a land be like this. Mary Schiavo, it's great to speak with you again, Mary. We'll talk to you soon. Thanks so much.

Coming up next hour, that NEW DAY exclusive we're telling awe about, we'll talk to three siblings and their father who survived the plane crash. All of them were injured, but just released from the hospital. We'll talk to them live.

CUOMO: All right, now the extreme weather threat, Tropical Storm Chantal bearing down on the Dominican Republic and Haiti expected to reach the U.S. this weekend. Let's get to Chad Myers in the weather center. How bad is it now, Chad?

CHAD MYERS, AMS METEOROLOGIST: Well, you know, the storm has really popped up in the past couple hours, overnight, not very organized right through here. It just came over Martinique towards Dominika yesterday. We had a wind gust of 70 miles per hour at Martinique. It's going to drive itself over Port-Au-Prince. They don't need the rain. Many are still living outside over the Cuba area.

Now we're going to see this whole thing travel up. It's going to take some time. I'm going to tell you right now that a good hurricane forecast goes about 48 hours out. If you see me talking five days out, you still have to watch the size of the cone because the cone gets very large, driving over Cuba. But the one side of the cone could be completely off the east coast, all the way up here.

If you take the other side of the cone, all the way into the Gulf of Mexico. Now, the biggest part, the most likely area is in the middle and that part in the middle has had an awful lot of rainfall over the past couple weeks. All the guidance through Florida making rainfall there, you could actually use rain in Florida. If it stops over Georgia, Mississippi, South Carolina and Tennessee, this is what it's looked like for the past five days, flooding, rainfall everywhere.

Do not need any more rainfall there. We'll obviously watch where it's going from here. This storm has picked up speed overnight. Forecast, a 40-mile-an-hour storm. It could go one way or the other. If this thing ends up in the Gulf of Mexico with that very warm water, it's going to be bigger than that. Tell you what, guys, five days away, you can't tell. A great 24-hour forecast it's going over Haiti, and it's going over Cuba. After that, we're going to have to watch it.

BOLDUAN: Even in the southeast, they simply don't need rain. All right, Chad. We'll be back with you. Thank you so much.

Another huge story that we've been talking about in Canada, police say a criminal act may have triggered that devastating runaway train crash that leveled part of a small Quebec town over the weekend. Fifteen people are confirmed dead now. An important number, though, to remember, 35 others are still missing.

Paula Newton is live in Lac-Magantic, Quebec, with the latest. Good morning, Paula.

PAULA NEWTON, CNN CORRESPONDENT: And good morning, Kate. Investigators here were so concerned about preserving the crime scene behind me that they actually asked firefighters to stop dousing it with water. They say they have found evidence that perhaps there was a criminal act here. This comes as a shock, Kate, which means this was not purely an accident as many people here have assumed.

They will not tell us what exactly they found that leads them to this assumption, but what people have been focusing on and the police as well is that brake system. Did someone disable that brake system on purpose that allowed that train carrying all that crude oil to careen into this small town?

They will not say exactly the nature of it. They're saying criminal negligence is still a possibility. But they went so much further yesterday, basically indicating that someone intentionally may have done something to the train itself perhaps the brakes, setting off a chain reaction that was devastating to this small town -- Kate, Chris. BOLDUAN: All right, Paula, we'll get back with you. It's almost insult to injury. Half this town basically wiped out and then they find that maybe someone, one person was behind it.

CUOMO: The first order of business, though, is figuring out where the missing people are and giving the families solace.

We also have new developments in the murder case against former New England Patriots tight end Aaron Hernandez. According to court documents one of Hernandez's alleged accomplices is providing police with damning evidence. National correspondent Susan Candiotti is live from Massachusetts with the latest. Good morning, Susan.

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: Good morning, Chris. You know, so far police have sidestepped exactly who pulled the trigger the inside that Odin Lloyd was killed, shooting him five times execution-style. Now, according to a new police affidavit, a man who is there is now fingering the tarnished football star Aaron Hernandez as the only alleged shooter.


CANDIOTTI (voice-over): In a blockbuster revelation, police tell CNN Carlos Ortiz said Ernest Wallace also in the car the night of Odin Lloyd's murder told them ex-New England Patriot Aaron Hernandez admitted shooting Lloyd. Until now police have only said Hernandez orchestrated the murder adding, quote, "The defendant and his confederates stood over him and delivered the fatal shots."

Hernandez has pleaded not guilty. For now, Wallace is charged with accessory to murder after the fact. Ortiz is being held without bail on a weapons charge. There were even more eye-popping disclosures on Tuesday. More than 450 pages of search warrant material unsealed after a media organization fought for their release.

Example, detectives were met with a strange reaction from the former star tight end after discovering Odin Lloyd's body. Mr. Hernandez became argumentative, the documents read, and asked, what's with all the questions? According to police, officers told him it was a death investigation.

And, quote, "Mr. Hernandez slammed the door. For the first time, we're also seeing images of Hernandez inside his home the night of the murder, along with two other men later identified as Wallace and Ortiz.


CANDIOTTI: Attorneys for Hernandez and the other people in this case, so far, have not returned our calls seeking comment. But so far lawyers representing Aaron Hernandez have argued in court that all the evidence presented so far by the state is strictly circumstantial -- Kate.

BOLDUAN: All right, Susan Candiotti up there for us. Thanks so much. Let's stay in Boston at the moment where the surviving marathon bombing suspect makes his first public appearance in a federal courtroom. Nearly three months after the deadly marathon attack, Dzhokhar Tsarnaev will be arraigned in Boston where he could face, come face-to-face with some survivors.

CNN's Deborah Feyerick is live in Boston for us this morning. So what are we expecting later today -- Deborah.

DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT: What we're expecting, Kate, is that Dzhokhar Tsarnaev is expected to make the hour-long journey from the Devins Prison Facility here to the federal courthouse in Boston. The arraignment is set for 3:30 this afternoon. There are 30 charges against him including using a weapon of mass destruction that's a charge that carries a potential death penalty. He's got a lawyer who will handle that, trying to get him off of any sort of death penalty.

Now he will handle a plea. Usually a quick proceeding he will either do it personally or through his lawyers. A number of the families are expected to be in court. It's a very important part of the process. They want to kind of get a sense of who this person is. Why he may have done it. And just seeing it -- you will see images of him on television, they sometimes want to see him up close so they kind of get a real sense of what is playing out before them.

The proceeding is usually quite quick. He will be wearing his prison garb. He's not going to be changing. That only happens usually when there's a jury and he'll be brought back to finish waiting for the trial. He will turn 20 at the end of this month -- Kate.

BOLDUAN: So young, with so much going on and now he's facing very serious federal charges. Deborah Feyerick watching it for us up in Boston, a very emotional day for the survivors.

CUOMO: Absolutely. lot of news developing at this hour let's get over to Michaela. Egypt, situation looks like it's getting worse.

MICHAELA PEREIRA, CNN ANCHOR: Yes, we're going to take a look at that right now. Good morning to you. Beginning in Egypt, that country's military holding a news conference at this hour discussing Monday's fatal clashes with protesters and accusations it conducted a coup when it removed Mohamed Morsy from power. The Muslim Brotherhood now rejecting the military-backed interim leadership's transition plan. It included fast-tracking changes to the constitution and holding parliamentary and presidential elections next year.

Right now, western China dealing with its worst flooding in some 50 years, homes and cars being swept away, thousands being evacuated. The flooding triggered a massive landslide that buried dozens of people. Rescue workers are racing against time to dig them out. All of this happening in the very same area that suffered a massive earthquake in 2009 that killed 90,000 people.

The sole surviving member of Arizona's Granite Mountain Hotshots paying touching tribute to his fallen crew during a public memorial service, saying, "I miss my brothers." Also speaking at the service, Vice President Joe Biden, he says the 19 firefighters who died were a rare breed.


JOE BIDEN, VICE PRESIDENT OF THE UNITED STATES: All men are created equal, but them, a few, became firefighters. Thank God for you all.


PEREIRA: The arena was packed with firefighters from all around the nation. The 19 Hotshots died when a wind whipped out of control fire overran them late last month.

Right now, a natural gas leak in the Gulf of Mexico. The leaking well is about 74 miles off the coast of Louisiana. The owner, Houston- based Talos Energy, says it should be plugged sometime today, 250,000 gallons of oil spilled from the well. Marine experts say a four-mile wide rainbow sheen on the surface is likely to have a toxic effect on sea life in the area.

Finally, super agent Drew Rosenhaus fights like a shark for his clients. And apparently, in a new viral video, he proves he's not afraid to take on a real one. He apparently snagged a six-foot shark during a fishing trip. So, what did he do? He jumped into the water to wrestle the shark. He eventually let the shark go.

Later this morning, we're going to talk with Drew Rosenhaus live. That's coming up at 8:40 Eastern Time. Oh, the questions we have.

What led you to jump into the water and wrestle a shark?

BOLDUAN: It's one thing to be in the water when a shark comes near you. It's another thing to go in.

PEREIRA: Actively, right.

BOLDUAN: Actively trying to shake (ph) off of them:

CUOMO: Drew Rosenhaus, smart, smart guy, doing something dumb, dumb, dumb. We're going to ask him about it. It would be interesting.

We'll take a break now.

Coming up on NEW DAY, though, a really important day on the George Zimmerman trial. They want to put in evidence of Trayvon Martin's text messages. What did they say? An animated recreation? What's the judge going to do? We'll take you through it.

BOLDUAN: Also, you don't want to miss NEW DAY's exclusive interview with the grandmother of the Cleveland kidnapping victim Amanda Berry. Her reaction to the powerful new video out from Amanda Berry and the two other survivors. That's coming up, just ahead.


CUOMO: All right. Welcome back to NEW DAY, everybody.

The judge in the George Zimmerman trial is set to rule on key pieces of evidence this morning, after a date of heated arguments. Court ran late into the night, as opposing attorneys traded bitter words. Zimmerman's defense team wants to admit text messages from Trayvon Martin and a computer re-enactment of the night he was killed.

CNN's George Howell is live in Sanford, Florida, with more on that.

Good morning, George.


So we are watching the defense wind down its case. We're looking at the last two pieces of key evidence that they want admitted here. And they stayed up so late arguing even George Zimmerman had to stay up past his curfew.


JUDGE DEBRA NELSON, SEMINOLE COUNTY, FL: I'm not getting into this. Court is at recess. I will give my ruling in the morning.

HOWELL (voice-over): Court went a little later than expected Tuesday. Judge Debra Nelson, the prosecution and defense wrangled late into the night, 10:00 p.m., over whether to admit text messages and photos from Trayvon Martin's phone and a computer-animated reconstruction of the crime scene that defense attorneys want admitted as evidence.

Judge Nelson questioned whether Martin actually sent the messages or someone else.

Defense attorney Don West argued that the text messages and photos weren't turned over by the prosecution in a timely manner. After hours of arguing, the judge didn't rule on either issue, adjourned court and walked off.

Flashback to Tuesday morning. Famed forensic pathologist, Dr. Vincent Di Maio, took the stand. After examining photos and other evidence provided to him by the defense, Di Maio reached this conclusion.

DR. VINCENT DI MAIO, FORENSIC PATHOLOGIST: If you lean over somebody, you'll notice that the clothing tends to fall away from the chest. If, instead, you're lying on your back, and somebody shoots you, the clothing is going to be against your chest.

HOWELL: Di Maio told jurors Zimmerman's account that Trayvon Martin was on top of him is consistent with the evidence he examined. It's because of the spray pattern around the bullet wound, grains of powder that hit the skin, Di Maio determined the muzzle was two to four inches away from the skin.

He also concluded Martin may have been alive one to three minutes after the shooting.

In cross-examination, the prosecution got Di Maio to concede the scenario could have been different.

DI MAIO: I'm saying that the physical evidence is consistent with Mr. Martin being over Mr. Zimmerman.

BERNIE DE LA RIONDA, ASSISTANT STATE ATTORNEY: Is it not also consistent with Mr. Martin pulling away from Zimmerman on the ground? And you would have the same angle, he's pulling away, and Zimmerman's shooting him at that time?


HOWELL: Defense attorneys also called George Zimmerman's former neighbor to testify via video conference because she was too ill to appear in court.

Eloise Dilligard told the court the night of the shooting, she recognized Zimmerman's truck parked near the crime scene. O'Mara also asked Dilligard who she thought was screaming on the 911 audio from that night.

ELOISE DILLIGARD, GEORGE ZIMMERMAN'S FORMER NEIGHBOR: Based on the fact that I've only heard George's voice and it's a light male voice, I would say it was his.


HOWELL: So, Chris, it was a long, long night yesterday. You know, and you could tell -- you could see these attorneys getting upset, especially Don West, the way he was talking to Judge Debra Nelson. I want you to listen to just a little bit of what we heard last night.


UNIDENTIFIED MALE: I would offer him the opportunity right now to apologize to me for suggesting that I stood by silently with information that I did not have.


HOWELL: So, basically, you have the prosecution there saying, hey, we did not withhold evidence. The defense saying all along, you did, you did withhold evidence. They're angry about it.

We do expect Judge Debra Nelson to make a ruling, both of these pieces of evidence can be admitted into this trial. Court should start at 9:00 a.m. with those hearings. And then the jury brought in to hear more testimony, Chris, at 10:00 a.m.

CUOMO: All right, George. Thank you for that.

Just as interesting was the judge listened to the lawyers fight and kind of waved it away, because she's got enough on her mind. You only know what you feel in court. If these animated recreation comes in as proof of what happened, if these text messages come in as proof of what may have been in Trayvon Martin's mind as a fighter, it could be very important for the jury. So, this is the biggest last judgment for the judge to make.

BOLDUAN: That sets up for a very interesting day in court. We'll be watching it all, that's for sure.

Still coming up next on NEW DAY: John King will be here with your "Political Gut Check."

Plus, a NEW DAY exclusive. Three siblings, you're seeing them right there who survived the crash of 214, they're joining us live on NEW DAY and they're joined by their father who was just released from the hospital.

CUOMO: That is going to be a beautiful thing.

You know what I hate one of these things. I don't know if you ever deal with this -- your kid gets your phone, next thing you know, he buys a car on eBay -- what!

BOLDUAN: It happens all the time.

CUOMO: It happened to one couple. We're going to tell the story.

PEREIRA: Good looking car.

CUOMO: Talk about no cookies for a week.

BOLDUAN: Oh, no.


CUOMO: A little Paul Simon always gets you going in the morning. Welcome back, everybody. This is NEW DAY. Wednesday, July 10th. I'm Chris Cuomo.

BOLDUAN: I'm Kate Bolduan. Hello, everyone.

Let's get straight to news anchor Michaela Pereira for news you need to know right now.

PEREIRA: Good morning.

Making news right now: more details coming to light on what contributed to the crash of Asiana Flight 214. The NTSB saying the pilot was training to fly a Boeing 777 and he was with a first time instructor pilot. And the "San Francisco Chronicle" reporting the pilots knew they were off course 500 feet from the ground and they focused on correcting that while assuming air speed was being controlled automatically.

The runaway train crashing and inferno in Quebec, was it a crime? Investigators are saying they're acting on discoveries they made but did not provide any further details. They did say terrorism has been ruled out. The wreck and massive fire flattened part of the town of Lac-Megantic. Fifteen people died.