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Zimmerman Juror Speaks; Deadly Train Crash; Train Conductor Could Face Charges; More Women Come Forward in San Diego Mayor Sexual Harassment Case

Aired July 26, 2013 - 08:00   ET


MICHAELA PEREIRA, CNN ANCHOR: Does the yogurt you eat every day contain ingredients made from bugs? Yes, dead bugs.

CHRIS CUOMO, CNN ANCHOR: Your NEW DAY continues right now.



ANNOUNCER: What you need to know --

UNIDENTIFIED MALE: We went around a sharp turn and you could tell one set of wheels left the rails and then after one or two seconds, you could feel us leave the other set of tracks.

ANNOUNCER: What you just have to see.

UNIDENTIFIED FEMALE: Looked in the stove, nothing. Looked in the refrigerator, nothing. At that point, I told my staff member, we need to evacuate.

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


KATE BOLDUAN, CNN ANCHOR: Good morning and welcome back to NEW DAY, everyone. It is Friday, July 26th, 8:00 in the East. I'm Kate Bolduan.

CHRIS CUOMO, CNN ANCHOR: I'm Chris Cuomo here with Michaela Pereira.

All good to be with you.

PEREIRA: Good morning.

CUOMO: So, what will do this morning?

We're giving you the latest into the investigation in the deadly train crash in Spain. Now, focusing on the driver. Did he cause the wreck by going too fast? We've all seen this video. What did we learn from it?

Remember, 80 people died, including an American there. We're also going to have an exclusive first-hand account of the terrifying crash from this young man, an American passenger. He'll tell us what happened. He's OK, but got beaten up there.

BOLDUAN: He sure he did. And we're going to be talking about the pressure is building for San Diego Mayor Bob Filner to resign. Four more women say the mayor made unwanted sexual advances towards them. And that makes a total of seven women this week coming forward accusing him of sexual harassment.

PEREIRA: And what a triple threat this guy is. The great Hugh Jackman is here after his Oscar nominated "Les", Jackman is back in a familiar role as the wolverine. We'll talk with him in a bit.

BOLDUAN: That's coming up.

But, first, let's begin with stunning comments from a juror in the George Zimmerman trial. Juror B-29, as she was known, but also known as Maddy, says Zimmerman got away with murder. She says there wasn't enough evidence of Florida law to convict him on second degree murder or manslaughter for fatally shooting Trayvon Martin. That's not all with the story.

Our Pamela Brown has been following the latest developments.

Very interesting interview.

PAMELA BROWN, CNN CORRESPONDENT: Very interesting. Yes. She's not only speaking out. She's also showing her face. In an interview with ABC, Juror B-29 also known as Maddy, as you said, Kate, says that being a member of the jury that acquitted George Zimmerman in the death of Trayvon Martin weighs on her so heavily that she has struggled sleeping and eating and she says she owes Trayvon's parents an apology.


JUROR B-29: George Zimmerman got away with murder, but you can't get away from God.

PAMELA BROWN, CNN CORRESPONDENT (voice-over): Anguish and apologetic. Juror B-29 going by the name Maddy, told ABC's Robin Roberts that she favored convicting George Zimmerman of second degree murder.

JUROR B-29: I'm the only minority. And I felt like I let a lot of people down.

BROWN: Maddy says it was the all female jury's interpretation of law that ultimately led them to acquitting Zimmerman.

JUROR B-29: For myself, he's guilty. But as the law was read to me, if you have no proof that he killed him intentionally, you can't find -- you can't say he's guilty.

BROWN: Anderson Cooper spoke exclusively to Juror B-37 soon after the verdict about how they got to a not guilty verdict. JUROR B-37: After hours and hours and hours of deliberating over the law and reading it over and over again, we decided that there's just no other place to go.

BROWN: After more than 16 hours of deliberations, Maddy says she struggled with the proof to convict.

ROBIN ROBERTS, ABC NEWS: How did you go from, in nine hours, feeling he was guilty of second degree murder to not guilty?

JUROR B-29: In between the nine hours, it was hard. A lot of us wanted to find something bad. Something that we could connect to the law.

BROWN: Maddy concedes she still struggled with the verdict and the public outcry that follows.

JUROR B-29: I literally fell on my knees and I broke down. My husband was I was screaming and crying. I kept saying to myself, I feel like I killed him.

ROBERTS: What would you like to say to Trayvon's parents?

JUROR B-29: I would like to apologize because I feel like I let him down.


BROWN: And in response, Trayvon Martin's mother called Maddy's revelations, quote, devastating." And released this statement saying, "This new information challenges our nation once way again to do everything we can to make sure that this never happens to another child" -- Chris.

CUOMO: All right. Pamela, thank you very much.

So, let's talk about what this means now that we have two different jurors giving a version of an account of what happened in the room, how does this help us understand their verdict.

CNN senior legal analyst Jeffrey Toobin here.

Great to have you.


CUOMO: Have a good weekend.

Let's start with one thing. This juror, like the last juror, said this was not about race and then says as the only minority, I feel like I let them down. One conflicts with the other, which means --

TOOBIN: It means that we always have a hard time talking about race in this country and I think what she was -- it's just very hard for any of us to acknowledge that race affects much of anything, but we all know it does, at least in some way. And I thought her, as you say, contradictory comments revealed that. It's there, but it's not there at the same time.

CUOMO: She knows she's not supposed to say it.

TOOBIN: Exactly. She's behaving as she thinks she should.

CUOMO: The feeling that she owes the Trayvon Martin family an apology, does she?

TOOBIN: I don't think so. I think she was doing a job of a juror. We have this mythology that comes from the movie "12 Angry Men", that one juror can sway 12, this was only a six-person juror.

It's very unusual. There's tremendous peer group pressure. The system is designed to exert peer group.

So, the fact that she joined the other five jurors is quite predictable and that's how things usually happen.

CUOMO: There are those who are frustrated because they say these jurors didn't get it and now we heard from two now that they were spending time in that room, not just vigorously trying to apply fact to law, but looking for a way to convict him. That's usual. They're not supposed to be doing that, per se.

TOOBIN: I mean, they reacted as human beings. One thing I have to say in fairness both to Maddy and the other juror is that these jury instructions are really confusing. Every time I sat in court as a prosecutor and even as a journalist, I sat there and thought, how do you figure out what these concepts mean?

And, frankly, Maddy kind of garbled the legal definitions about intent, but, you know, I have a lot of sympathy for that. Look, we had a situation where George Zimmerman killed Trayvon Martin who was unarmed -- and how can you not feel a certain degree of sympathy?

But I think the jurors followed the instructions on self-defense. Looked at the evidence and came to a very plausible verdict.

CUOMO: So, from what you heard from these two jurors, any basis for saying, they messed up, they got it wrong?

TOOBIN: You can say that based on the evidence. I don't think there's anything the jurors said that suggests they did a bad job. They did something inappropriate or wrong. Other people see this evidence differently. But I think they came to a rational verdict.

CUOMO: We've been running with the line all morning, the media, he got away with murder.

TOOBIN: Right.

CUOMO: Do you think we're putting too much weight on to that? She was responding to a question where a lot of people think he got away from murder was the supposition of the question. Do you think she was just repeating what was said?

TOOBIN: You know what? My whole impression of the interview was she was reacting as much to the reaction of the verdict as to the trial. Look, they were sequestered and they didn't know this had become a huge national story. They didn't know the president of the United States would express an opinion that they'd be protests across the country.

I think she looked somewhat traumatized but my sense was she was more traumatized by the aftermath than by the verdict itself.

CUOMO: Interesting what we did not hear this juror discuss may have been what was most important in the jury room, according to the first juror which was self-defense.

TOOBIN: Right. Well, that's what she was sort of garbling the jury instruction. She talked about the level of intent. I think what she meant was self-defense.

But, look, that's what the whole case was about. This was not a whodunit. The only issue in this case was what was inside George Zimmerman's head, what did he intend and they decided it was self- defense.

CUOMO: We can all know this certainly with one juror we couldn't see her face and now you get a better feel. They tried their hardest and they did their best and this mattered a lot to them.

TOOBIN: And it's true, too, that second thoughts on the parts of jurors are very common.


TOOBIN: And they have no legal significance. You can't go back and do it again because the juror thinks I made a mistake.

CUOMO: Good distinction. Jeffrey Toobin, thank you very much as always.


BOLDUAN: Thanks, Chris.

New video shows the driver of the train that derailed in Spain being led away from the scene. The driver is now formally under investigation. Just look at that.

Authorities trying to determine if speed played a role in that wreck that has left at least 78 people dead this morning, although that number is still expected to climb.

Let's get back to CNN's Karl Penhaul joining us from Santiago de Compostela, Spain.

So, Karl, what is the latest that you are hearing from the ground? KARL PENHAUL, CNN INTERNATIONAL CORRESPONDENT: Well, Kate, the police chief has now said that the train driver has been formally detained and could be accused of crimes relating to that accident. He hasn't given us any specifics yet, but, of course, all eyes on him now to see if any of his actions were reckless and if that is what caused this massive death toll.


PENHAUL (voice-over): The heart-stopping moment of impact caught on security camera. It's a difficult scene to watch as the train speeds around the bend, flies off the tracks and slams into concrete. Flames engulf one of the cars, another ripped in half.

IVETTE RUBIERIA, REPORTER (via telephone): It was horrific, it was so griming, it was so surreal. It felt like a horror movie.

PENHAUL: The crash Wednesday killed at least a third of the passengers on board in the town of Santiago de Compostela.

This morning, we're learning that one American was killed, Ana Maria Cordoba, a Virginia mother traveling with her family according to the Catholic Diocese of Arlington.

She was headed to her son who just finished a pilgrimage in Spain. Her husband and daughter were injured but survived.

MICHAEL DONOHUE, CATHOLIC DIOCESE OF ARLINGTON: I can only imagine how horrible it must have been for their son, you know, waiting for them to arrive. It's just such a horrible story, brought home very closely to us because of Ana Maria's death.

PENHAUL: Emergency crews and fellow passengers pulled victims from the wreckage.

UNIDENTIFIED FEMALE: Everybody started running down with whatever they could and starting hitting at the cars to see if they could get the people out.

PENHAUL: Dozens remain hospitalized in critical condition, families of the dead overtaken by grief at the local morgue.

Spanish officials said on state television that the tragedy appears to be linked to the train going too fast. Some Spanish media estimates suggest the train was moving at 118 miles per hour, more than double the speed limit on that tight turn portion of the track.


CUOMO: That's Karl Penhaul reporting from Spain.

Now, earlier in a NEW DAY exclusive I spoke with Stephen Ward, a Utah- born 18-year-old badly injured in that train derailment. He's OK, but he told me exactly what happened as the train began to leave the rails.


STEPHEN WARD, SURVIVOR, SPAIN TRAIN CRASH: I was writing in my journal, I kind of looked up and saw the speed and thought it was funny, thought it might be an error or something, and then we went around a sharp turn and all of a sudden like you could tell one set of wheels left the rails. We were riding on one set of wheels for two or three seconds and there wasn't really screaming, most people were like, but no one got super scared about it.

Few things of luggage started falling off the racks and then after one or two seconds you could feel us leave the other side of the racks and the whole train rotated about 90 degrees and I blacked out before we hit the ground, which was lucky for me and the next thing I knew they were helping me out.

CUOMO: When you come to, what are you seeing all around you?

WARD: So, come to is a funny word to use in this situation. I thought it was a dream for a couple of minutes. I vaguely remember someone helping me out of the car, I don't remember what it looked like inside at all. They kind of helped me out. The train had fallen to a ditch where I was and they helped me up and off to the side.

I kind of looked around I was one of the first people they helped out. They were helping other people out. They were screaming. There were bodies and smoke.

And it was after 30 seconds or a minute that I finally thought to myself, you know, I don't think I'm asleep. I think this is real and that was a scary realization.

CUOMO: Was it obvious to you that this was really catastrophic, what was going on? There are a lot of people hurt and affected by this?

WARD: I think, yes, I think I realized it. I don't think my mind really comprehended it. I had kind of a concussion so I was still just kind of the train crashed and trying to remember what had happened before, but I gradually kind of got it back up and realized I think people are dead. I think this is horrible, but I don't think I really comprehended the importance of it until later.

COUMO: You know what it's like to get lucky and make it through something, right? Four years ago even though you were a young man, you had to fight off a rare form of cancer, right? Tell us about that.

WARD: It was a cancer called Burkett's lymphoma, it was intestinal. It was -- I had it twice. It came back once and there were bunch of times that I look like I was going to die. I beat the odds then and I'm grateful to have lived through another brush with death now.

CUOMO: So where does this situation leave you? Do you want to get home or does this strengthen your resolve you want to stay on mission in Spain?

WARD: I absolutely want to stay on my mission in Spain. I am so proud to be out here representing my church, I'm proud to be representing Jesus Christ and I'm so glad that I've been left alive without permanent injury. I very much plan on staying out here for missions are usually for two years for young man and I plan on serving the full two.


CUOMO: It's interesting. Stephen says it only strengthened his resolve to serve others.

BOLDUAN: Yes, it's good. And when you think about it, there's some -- more than 200 people on that train, some 78 at least dead at this point and they could still see that number rise.

We got to stay close to this story. Let's (INAUDIBLE)

Thanks so much, Chris.

All right. New calls this morning for San Diego's mayor to resign. The city's Democratic Party has asked Bob Filner, you see him right there, to call it quits now that seven women have come forward to say he sexually harassed all of them.

CNN's Casey Wian has the very latest.


CASEY WIAN, CNN CORRESPONDENT (voice-over): Four more women came forward Thursday to accuse San Diego mayor, Bob Filner, of inappropriate sexual conduct that include a university dean and a retired navy reared admiral. They spoke with KPBS News.

RONNE FROMAN, REA AMIDRAL, US NAVY (ret.): Bob stepped between me and the doorway and he stopped me and he got very close to me. And he ran his finger up my cheek like this, and he whispered to me, do you have a man in your life?

PATTI ROSCOE, BUSINESSWOMAN: He would come in and try and kiss me on the lips and I'd have to squirm to get away and just as recently as a few months ago, this happened. And I turned and he just slobbered down my chin and I was so violated.

WIAN: A total of seven women have now publicly accused Filner of unwanted groping, kissing, even head locks. Thursday, Filner showed up in a trolley station ground breaking.

Why are you still keeping your job?

For several minutes, he walked aimlessly refusing to even acknowledge reporters' questions.

Is it bad message to the city of San Diego that you are not addressing these allegations directly right now?

Filner has admitted treating women badly but denies sexual harassment.

Mr. Mayor, what do you have to say to these women who have come forward publicly accused you of inappropriate behavior?

Finally, the mayor said this --

BOB FILNER, SAN DIEGO MAYOR: There is a legal process by which all of this will be decided and that's what we'll be dealing with. There'll be no other statements regarding except for the legal process.

WIAN: One woman has filed a lawsuit while the mayor tries to make light of the controversy.

FILNER: I see you found a wonderful way to attract media attention for our efforts on the trolley.

WIAN: Thursday night, the county Democrat Party voted to urge the mayor to step down.

Casey Wian, CNN, San Diego.


CUOMO: All right. A lot of other news developing at this hour. Let's get over to Michaela and covering what's going to happen with Ariel Castro out there in Cleveland.

PEREIRA: This could be a day that there could be some changes in this case. A plea deal could actually be in the works for Ariel Castro. He's the Cleveland, of course, accused of holding three women captive in his home for close to a decade. The deal could be announced at a hearing later this morning, and it would keep Castro jailed for the rest of his life with a death penalty taken off the table.

Surveillance photos from the night a friend of Aaron Hernandez was murdered appeared to show the former Patriot star holding a gun. Those photos were taken in Hernandez's basement just minutes after investigators believe Odin Lloyd was killed.

And, the University of Florida has removed a plaque honoring Hernandez. University athletic officials say they don't feel it's appropriate to celebrate Hernandez at this time.

A top executive at AEG Live questioning Michael Jackson star power and earning potential. Not only did he downplay just how many tickets Jackson would have sold had that he lived. He also said Celine Dion is a bigger artist than Jackson. AEG Live's lawyers are challenging an expert hired by the Jackson's who said he would have earned $1.5 million.

Also, TMZ reporting that Debbie Rowe Jackson's ex-wife and the mother of two of his children will take the stand next week. She will reportedly be called in to testify by AEG Live that Jackson was a secret hard-core drug addict for decades.

The mother of former child star, Amanda Bynes, stepping in to help. She's reportedly asked the judge to give her emergency control of Bynes' personal and business affairs. Bynes has been admitted to a California psychiatric center for mandatory 72-hour stay after she set a gasoline fire in a stranger's driveway. Now, a judge has extended that stay for another two weeks.

The folks at Buzz Feed issued quite a unique challenge to fitness guru, Richard Simmons. They asked Simmons who is known for his energetic personality if he could actually stand still for 60 whole seconds. They cranked up the music. I love this guy, though. I mean, I just love it. And brought out a ringer wearing short shorts and this is what happened.




CUOMO: Eerily familiar. It's what we see every day.


BOLDUAN: Ladies and gentlemen, the winner is Richard Simmons. Not an easy one.

CUOMO: He did not move a muscle.


BOLDUAN: Right after that 60.

PEREIRA: He really is electric. He is electric.

CUOMO: I got to tell you, the guy does make you want to move. I think it's the head bound.

BOLDUAN: That is the point.

PEREIRA: I like it the tutu (ph) at his feet.

BOLDUAN: That is the point. I like it.

PEREIRA: Happy Friday.

BOLDUAN: We'll have that challenge on set next week.


BOLDUAN: Just kidding.

We're also watching some tropical storms swirling on both coasts this morning, not one, but two. This is where Indra Petersons comes in.

INDRA PETERSONS, AMS METEOROLOGIST: And good news, because Dorian not as impressive as it was yesterday. A lot of dry air. Look at how tearing this guy apart. Yesterday, 60-mile-per-hour steady winds. Today, good news, down to 50 miles per hour. Even better news, more dry air ahead of it. So, we are crossing our fingers and hoping this thing kind of died. Unfortunately, though, here's the bad news. If it holds together, there is a chance it could strengthen on the back end of this and it could impact the islands. The reason for that, the newest track has actually gone a little bit further south than the previous track. Current timing 45-mile-per-hour winds. There'll be a tropical storm Monday just north of San Juan, Puerto Rico.

Pass that on Wednesday, and we start to look at the potential for strengthening here. We're looking it right over Turks and Caicos. So, we are going to be monitoring that. That is Atlantic. We'll take you over to the pacific, of course, where we have Flossy. Now, there is Hawaii -- yourself. There is Flossy, currently 50-mile-per-hour winds.

Right now, it is actually strengthening but the long-run model looks good. Definitely weakening and really affecting maybe Hawaii at 40 miles per hour. That's just one mile per hour over tropical storm. So, that's the good news, of course, out towards Hawaii, but not a good time for making plans in Hawaii or the Bahamas.

BOLDUAN: OK. Good to know. Good to know. All right, Indra. Thanks so much.

All right. Coming up next on NEW DAY, he call himself Carlos Danger online. Well, now, that is putting Anthony Weiner's political comeback in danger. The woman who he sent lewd messages to is speaking out. We'll bring you Sydney Leathers' side of the story straight ahead.

CUOMO: And listen to this, some things bugging nutritious activists. Yes. Bugging as in insects in your yogurt. We'll take you through that. Oikos which means yikes in some language.



BOLDUAN: Welcome back to NEW DAY, everyone. Sydney Leathers is breaking her silence. The woman at the center of the latest Anthony Weiner sexting scandal says she and the former congressman, they had phone sex and they did much, much more than in that, also that he told her he loved her and that Weiner even consulted with her before deciding to run for mayor of New York.

Leathers giving much more insight than we've heard before on those online chats. Listen here.




LEATHERS: Because, obviously, I felt like, you know, he's saying one thing to me and saying another thing to his wife and saying another thing on the campaign trail. I don't know who the real Anthony Weiner is, I guess. The exact wording was that he is an argumentative, perpetually horny middle-aged man, and at the time, I was like, oh, no, you're not. But, yes, he is.


BOLDUAN: All right. So, let's talk more about this with Jim Moret live from Los Angeles this morning, a chief correspondent of "Inside Edition" as well as a former CNN colleague who spoke exclusively with Sydney Leathers in that interview.

So, Jim, you sit down with Sydney Leathers and you really kind of go through her entire story and all these interactions. What was your big impression of her? What was the big take away from the interview?

JIM MORET, CHIEF CORRESPONDENT, INSIDE EDITION: I spent about two hours actually interviewing her. Two hours on tape and it was no holds barred. I really tried to hit every aspect of this. Uncomfortably so at some points, frankly. You know, I came away thinking she's 23, she was 22 at the time. She was initially enamored of the former congressman. That's how she reached out to him initially.

It was a year before this relationship really began. She told him that she was disappointed with him. A year later, he contacts her on a social network as Carlos Danger, but she soon realized it was him. And, you know, she was flattered. She believed that she was in love with him. She's, in many ways, younger than her 22 years at the time and unsophisticated and naive and idealistic.

And I said why would you text in this fashion? Why would you sext with him? And I think she was very flattered. You know, we've heard this. I've interviewed some of the other women that Anthony Weiner had this type of relationship with and I kept hearing the same thing. They were flattered.

They said, wow, he likes me and that's the odd, warped distortion in this kind of online relationship and there was a sense of danger and fantasy to it that I think was frankly quite enticing.

BOLDUAN: And Jim, she also described at one point that he'd become a little bit controlling, that there was some jealousy of what he had read on her Facebook page when other people were complimenting her. What did she make of the jealousy? How did she describe it?

MORET: Well, and this, I think, was the turning point for Sydney Leathers. And by the way, my first question, is that your real name because when you look at Anthony Weiner and Sydney Leathers, you think, but it's her real name. She said towards the end of this, about six-month relationship, he became jealous of people posting on her Facebook page that they thought she was attractive and he thought she was getting too much attention.

And around the same time, the "New York Times" article came out which reflected that he was running for office, that he was a changed man, that his wife had forgiven him, that he's a new person. And I think all of that together, she finally realized this guy is not going to change. She felt he was controlling, manipulative, but incidentally, she doesn't feel like a victim. She takes responsibility for this but does feel that he was manipulating her.

BOLDUAN: Now, I'm sure you also asked her this, because that soundbyte that we run, she chuckled a little bit. And she does -- you do see that she is smiling at points throughout the interview and you know people are already talking about it. She's facing criticism, as well. She's only looking for profit and that she seems to be enjoying all the attention that she's getting. Is she concerned about the blow back?

MORET: I don't think it hit her really until after our interview and I'll tell you why. She is concerned. She starts school again as a sophomore in college next month. And after our interview, there was a story, I believe it was in the "Daily Mail" and it said something -- it had all of these allegations. She said to me her greatest fear was that Anthony Weiner's political machine is going to come out and somehow destroy her.

And that people around her are going to sell her out and I read the allegations in the story which she said were not true and I left to get her a glass of water and came back and she was crying. She said, oh my -- you know, I think the reality hit her that this is going to be a much bigger problem.

She might have to take up a semester off from school. She doesn't know if she can go back. And I think she is becoming very fearful that this is going to follow her much longer than she initially thought.

BOLDUAN: Yes. And her dace -- and her name is absolutely out there and linked with quite a story and scandal at this point. Jim --

MORET: And by the way, today, she's going to be talking about some of the texts on "Inside Edition" that she read to -- that she wrote to him and received from him --

BOLDUAN: I was just going to say that. You've got a second part of the interview coming up today, which obviously, we will all be looking forward to see. Jim, it's great to see you. Thanks so much.

MORET: Thank you so much.


CUOMO: All right. Thanks, Kate. Coming up on NEW DAY, O.J. Simpson is using a new playbook to get out of prison. We'll tell you what he told a parole board to try to convince them to let him go free.

Also, we have -- there he is, Hugh Jackman. Everybody likes him. I got to sit down -- we're going to sit down and have some fun and watch it for yourself. Tell me what you think.