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Cyclospora Outbreak Linked To Salad; Do-Nothing Congress; Manning Facing Decades In Prison; TSA Misconduct; Snowden's Father Wanted To See Son; "A Tragic Day For Penn State"; "Quit Isn't The Way We Roll"; San Diego Mayor Scandal; Daring Jailbreak Caught on Tape

Aired July 31, 2013 - 06:00   ET


JOHN BERMAN, CNN ANCHOR: That is all for "EARLY START" this morning. Now, for the very last NEW DAY of July, I give you Chris Cuomo and Kate Bolduan. Take it away, guys.

KATE BOLDUAN, CNN ANCHOR: But then we have August and it just gets better from here.

CHRIS CUOMO, CNN ANCHOR: Though, we probably should have designed commemorative hats.

BOLDUAN: Oh. Darn (ph) it.

CUOMO: Note to self for the next month.

BOLDUAN: We'll try it out.

CUOMO: Look at the time. Getting there to the top of the hour, here on "New Day," that means time for the top news.


CUOMO: Salad sickness. That mysterious disease striking hundreds now linked to prepackaged lettuce. But where is it coming from and what can we do about it?

BOLDUAN: Full court press. President Obama heading to Capitol Hill today. A rare visit to Congress. Will they get anything done before they take their summer break?

MICHAELA PEREIRA, CNN ANCHOR: Escape. The brazen prison break caught on tape this morning. The manhunt. He is considered armed and dangerous. Arkansas police are doing everything to get him back.

CUOMO: Your NEW DAY starts right now.

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


CUOMO: Good morning, good morning. It's Wednesday. Welcome to NEW DAY, the July 31st, last day of the month. Big deal. Six o'clock in the east. I'm Chris Cuomo. BOLDUAN: Good morning, everyone. I'm Kate Bolduan. We're here with news anchor, Michaela Pereira.

PEREIRA: Good morning.

BOLDUAN: Lots going on this morning. Coming up, the verdict in the Bradley Manning trial, the man behind those WikiLeaks revelations was cleared on the most serious charge against him, aiding the enemy. But, he was convicted on many other charges and we'll get into what this means not only for him but also the other folks who revealed classified information like, of course, Edward Snowden.

CUOMO: Plus, shocking allegations against the TSA. You know them. The agency that's supposed to keep you safe in the skies. Well, now, they are accused of some 9,000 instances of misconduct, theft, sleeping on the job, you know, what else could be there? We're going to get into it and find out what can be done to stop it.

PEREIRA: And, take a look at this video, this very well could be the angriest legislator in America.


UNIDENTIFIED MALE: All the damn time!

PEREIRA (voice-over): Punched the air, flying paper. I don't know what it. He punched the paper at any rate. This (INAUDIBLE) had made quite a YouTube sensation. Mike Boss from the great state of Illinois is looking to lead the state house. He's headed to the United States Congress.


PEREIRA (on-camera): What kind of fire can you expect him to bring to the U.S. Capitol? We'll talk with him coming up live in the show.

BOLDUAN: It will be an interesting conversation. He's a very lively guy.

But first big news this morning, mixed salad in a bag now being linked to the cyclospora outbreak that sickened hundreds of Americans in more dozen states. The CDC tells us 21 people are so sick that they have been hospitalized. When your health is on the line, obviously who do we turn to, CNN's chief medical correspondent Dr. Sanjay Gupta for the answers. So the big question, where did this outbreak come from and are they all linked?

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: That's right. This is a true medical investigation. I'll tell you this morning as well, Kate. There are hundreds of people who are waking up with food poisoning-like symptoms and they've now learned the culprit may in fact be in your fridge.


GUPTA (voice-over): Pre-packaged salad, that's the answer to the mystery of what was causing the most recent food poisoning outbreak that has spread across the country. Nearly 400 people in 15 states have reported food poisoning symptoms caused by this microscopic parasite, cyclospora. Health officials in two states tracing the source to bagged salad.

STEVEN MANDERNACH, IOWA DEPARTMENT OF INSPECTION AND APPEALS: We saw that there was a common exposure to bagged lettuce, bagged salad products.

GUPTA: While a specific brand has not yet been named, health officials in Iowa and Nebraska blamed mixed salad bags of iceberg and romaine lettuce as well as carrots and red cabbage. But they also add that the salad mix is no longer on the shelves in their states. Now this isn't the first time bagged salad has come under the microscope. Earlier this month, Collissa Williams say her sister-in-law was pouring out a bag of kale when she was shocked to discover a frog.

COLLISSA WILLIAMS, FOUND FROG IN KALE: She poured in kale and she went to stir them and she's like there's a frog in them.

GUPTA: This past February, an E. Coli scare triggered a nationwide recall on Taylor Firm's baby spinach. This most recent outbreak is sending at least 21 people in three states to the hospital.


GUPTA: I should point out that Cyclospora is usually found on produce that may have come in contact with fecal matter. The CDC and the FDA are continuing to look at the outbreak and other possible causes because they are still not sure if they're all part of the same outbreak -- Kate.

BOLDUAN: Not sure if they're all part of the same outbreak. They're not telling us who the brand is, but I guess everyone at home is wondering can we still get sick from this and should we not be buying or eating bagged salad?

GUPTA: Well, you know, what they'll say is because of this particular product has such a short half life we're talking about this outbreak beginning in mid-June. They think it's probably going to be out of the supply chain hopefully if thrown that away out of your refrigerator. It is a bit vexing that they haven't released a particular brand because everyone is saying, well, do we just throw out all bagged lettuce right now.

But again, for the most part, it's probably out of the system. They also believe it was probably contaminated through irrigation water or before it was put in the bag, it's prewashed so the prewashing process may have been the culprit here.

BOLDUAN: There's always a question I think, I've always had, prewashed when you get the prewashed lettuce, great, you don't have to wash again, but maybe you should wash it.

GUPTA: I think it's always been the advice, but I think these things sort of serve as reminders. It is tough sometimes to get those pesky little parasites off the lettuce.

BOLDUAN: Even with just a little bit of wash. All right, Sanjay, we'll talk to you much more today. Thanks.

CUOMO: It would be nice to know what the brand is, that's for sure. Get on it!

All right, so let's talk about Congress here a little bit. Guess what? They're headed on vacation. It seems like we told you not too long ago, that's because we did. By the way, vacation is great assuming you're working as well, but wait until you hear just how little is getting done in Congress on key issues that affect you, some of them left waiting.

Worst of all may be the reasons why they're not scrambling to get things done, which we will tell you. By the way, this is no surprise to you, obviously, look at this, 77 percent of Americans disapprove of Congress.

Dana Bash is on Capitol Hill, which may be becoming heartbreak hill for Americans who need lawmakers to work for them. Good morning, Dana.

DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Good morning, Chris. You know, President Obama is actually coming here to Capitol Hill later this morning, but he is going to meet only with Senate and House Democrats. So it's going to be much more of a pre-August recess pep rally than a way to dig in and legislate. But that probably isn't a big surprise, given as you mentioned the fact that Congress' approval rating is just about at an all-time low.


BASH (voice-over): Let's start with the positive, a recent burst of bipartisanship, a deal to make sure many student loan rates don't double, a rare meeting of all senators that led to confirmation of several Obama nominees.

SENATOR BOB CORKER (R), TENNESSEE: The Senate certainly has functioned better over the last six weeks than it has in some time.

BASH: Perhaps but elementary school civics taught us a bill can't be law without the Senate and House agreeing, and both leave Friday through September with a lot left undone.

SENATOR JOHN TESTER (D), MONTANA: The dysfunctionality is real. I don't know who the 9 percent are who thinks we're working well.

BASH: Still unfinished, the farm bill, governing everything from farming to food stamps, immigration reform, it passed the Senate, but the House is developing its own plans, likely with no path to citizenship for illegal immigrants. And again, Congress is way behind on its basic function, funding the government, which runs out of money September 30th or the government shuts down. Conservatives like Ted Cruz say that may be necessary if they can't cut money for Obamacare.

SENATOR TED CRUZ (R), TEXAS: Under no circumstances will I support a continuing resolution that funds even one penny of Obamacare.

BASH: Some Republicans oppose that tactic.

UNIDENTIFIED MALE: I just think that's a very self-defeating effort.

BASH: Bob Corker will spend August continuing bipartisan talks with the White House on a spending plan.

CORKER: During August recess most of us work even harder than we do here.

BASH: Also looming the debt ceiling, the U.S. risks defaulting on loans as soon as Labor Day.

TESTER: We could put the economy back into a tailspin and it's absolutely not the thing we want to do in Washington, D.C.


BASH: Now even though they're actually elected to legislate, plenty of lawmakers will tell you that these days they're better off for their constituents back home with them. Being home for the month of August really does tend to shape what happens with big legislation in the fall. Kate, you remember those health care town hall meetings that they were so angry that really almost derailed the health care bill. We were really expecting the issue to be immigration that will cause an uproar, and maybe we'll seal that issue's fate in the fall.

BOLDUAN: Yes, they definitely hear from constituents when they head back home and we'll see what that means when they get back to Congress in September. Thanks so much, Dana. We'll talk to you in a bit.

So the sentencing phase begins today in Bradley Manning's court martial. The Army private is facing decades in prison for stealing classified documents and turning them over to Wikileaks. A military judge found him guilty of espionage, theft and computer fraud yesterday, but acquitted him of the most serious charge aiding the enemy.

Barbara Starr is joining us from the Pentagon this morning with more. Good morning, Barbara.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Good morning, Kate. Well, for the sentencing phase, the critical question is how much damage did Manning's leaks cause and damage is the key question for both Manning and Edward Snowden.


STARR (voice-over): Private First Class Bradley Manning technically was spared a life sentence when the judge ruled he was not guilty of aiding the enemy. Manning gave three-quarters of a million pages of classified documents about the wars in Iraq and Afghanistan to Wikileaks, the anti-secrecy web site. The military accused him of putting lives in danger, saying some of the material was found in Osama Bin Laden's compound. Manning said he just wanted the public to know what the government was doing. Supporters say it's a partial victory.

BEN WIZNER, DIRECTOR OF ACLU'S SPEECH, PRIVACY AND TECHNOLOGY PROJECT: The only reason why the government proceeded with this trial is so that it could pursue this dangerous theory that equates leaks to the press with aiding the enemy.

GENE FIDELL, CO-FOUNDER, NATIONAL INSTITUTE OF MILITARY JUSTICE: It shows that a really very junior enlisted person can do battle with the federal government in a case where the government is really mad as hell about what happened here, throws everything it has at him and its biggest charge fizzles.

STARR: But the former intelligence analyst still faces a maximum sentence of 136 years in jail, convicted on 20 counts including stealing classified information, wrongfully causing intelligence to be published on the internet and possession of classified videos including a 2007 video showing U.S. troops firing on people in Baghdad.


STARR: So the judge will decide the sentence based partially on how much damage Manning has caused to national security. Same issue later today Congress will convene a hearing on the National Security Agency's classified surveillance programs and Edward Snowden's leaks about all of this and take a look at the damage he caused -- Chris.

CUOMO: All right, Barbara, thank you very much. Appreciate the reporting.

Moving on now, it is being called an epidemic, allegations of rampant misconduct at the TSA, the agency is supposed to be keeping you safe in the skies. A House committee will take this up in a few hours.

For now CNN's Rene Marsh joins us in Washington. Let's see just a few hours from now they're going to take this up. What do we expect? Good morning to you.

RENE MARSH, CNN CORRESPONDENT: Good morning, Chris. Yes, in about four hours, I know that this is going to get under way. But, you know, think about it, in any organization with 56,000 employees you may expect some rotten eggs in the bunch. The TSA is no different. Some of the misconduct is commonplace, excessive absence or tardiness, but some is downright troubling and could have a major impact on security.


MARSH (voice-over): The list includes everything from forgery, sexual misconduct to physical fighting and using abusive language.

REPRESENTATIVE JOHN MICA (R), FLORIDA: There's not even a way to properly report some of the offenses. So this may just be the tip of the iceberg of some of the offenses.

MARSH: It's the agency some flyers love to hate, posting their pat downs.

UNIDENTIFIED MALE: If you touch my junk, I'm going to have you arrested.

MARSH: But now criticism for the government not for pat down procedures, but for incidents like this, TSA Screener Supervisor Michael Arano admitted accepting bribes and kickbacks from a co-worker who stole money from passengers at checkpoints at New Jersey's Newark Airport and at New York's JFK, TSA employee, Persad Kumar, pleaded guilty to stealing $40,000 from a checked bag.

The report also notes in a three-year span more than 9,000 cases of TSA misconduct were documented. Fifty six screeners were involved in thefts and more than 1,900 incidents that could hurt security like sleeping on the job and allowing family and friends to bypass security. The union representing screeners says the numbers suggest the majority of screeners are doing a great job.

DAVID A. BORER, GENERAL COUNSEL, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO: If you look at the population of a small city, 56,000 people, in the workforce and the numbers on an annual basis are really very, very small.

MARSH: Congressman John Mica, a long-time critic of the TSA called for the audit.

MICA: Why are there so many cases and what is TSA doing about it? The report says they really can't get a handle on it. That raises a lot of issues.


MARSH: Well, the government wants the TSA to make improvements in how they monitor allegations of misconduct and how they follow up after investigating. We reached out to the TSA and they tell CNN they're already working to implement the recommendations -- Chris and Kate.

BOLDUAN: All right, Rene, thank you so much. Never a good thing to hear in all those incidents.

CUOMO: Never that much of a surprise either. The question is what will they do about it?

BOLDUAN: Well, they say they are working on it. We'll see if that actually happens.

All right, there's a lot of news developing at this hour so let's get straight to Michaela for some of the other headlines.

PEREIRA: All right, let's do it. Good morning, everyone. Making news, NSA leaker Edward Snowden's father said the FBI tried to get him to Moscow to convince his some to return to the U.S., but he says the plan broke down when agents could not guarantee that the two would be able to speak. Here's what he told the "Washington Post."

(BEGIN VIDEO CLIP) LON SNOWDEN, NSA LEAKER'S FATHER: Initially I said could you set up communications. I said wait a minute folks that I work with could set up communications. The bottom line is we offered and partnered with them, Bruce was involved with this and they were unable to set up communications.


SNOWDEN: With Edward.


PEREIRA: When asked how he would describe his son growing up, Lon Snowden said patriotic, that he comes from a family that includes federal agents and police officers.

The case against three former Penn State officials will go to trial on charges stemming from the Jerry Sandusky child sex abuse scandal. A judge ruling there is enough evidence against the university's former president, Graham Spanier, former senior VP for finance, Gary Schultz and former athletic director, Tim Curley. They say it's obstruction of justice, endangering the welfare of children and conspiracy charges.

His poll numbers plunging, but there's no quit in Anthony Weiner or so he says. The former congressman is ignoring calls to bow out of the New York City mayor's race. Look at the new video Weiner just posted on his web site.


ANTHONY WEINER (D), NEW YORK MAYORAL CANDIDATE: I know that there are newspaper editors and other politicians that say I wish that guy Weiner would quit. You don't know New York. You certainly don't know me. Quit isn't the way we roll in New York City.


PEREIRA: Meanwhile Weiner's Communications Director Barbara Morgan apologizing for a curse-filled rant about a former campaign intern who wrote an unflattering tell-all article about Weiner in "The New York Daily News." Much more on this story coming up in our next hour.

The city of San Diego wants Mayor Bob Filner to pay all the costs of defending his sexual harassment lawsuit voting not to put the bill for him. San Diego is named as a co-defendant in the suit brought by Filner's former spokeswoman. The city council also voted to sue Filner to recover any costs from that lawsuit. In the meantime an eighth accuser has come forward accusing Filner of making unwanted sexual advances.

A serious dose of reality for a couple of reality TV stars, Teresa and Joe Giudice from "The Real Housewives Of New Jersey" free now on a half million dollars' bond this morning after appearing in court on federal fraud charges. They're accused of exaggerating their income to secure millions of dollars in loans and could possibly face 30 years in prison if convicted. We'll have more coming up later in our show.

All right, this is what a ripped Wolverine looks like, yes, actor Huge Jackman, lifting some 400 pounds as he prepared for his next role in the next "X-Men" movie. His message to his nearly 3 million Twitter followers, "if the bar isn't bending, you just pretending," which, by the way, I understand is a tattoo that Chris has tattooed on his back.

CUOMO: No. Mine says, if the bar is straight, there ain't much weight.

PEREIRA: Really? I like that. The same philosophy.

BOLDUAN: Why does he need to be lifting so much?

PEREIRA: Getting ready for the next one.

CUOMO: I like about him, he's not a muscle head. He doesn't love to do this, he knows it's important for the role, so he takes it on. It's impressive.


CUOMO: That's why I was so nice to him when I interviewed him. I didn't want him to squeeze my head like a grape.


BOLDUAN: All right. Let's get to our Indra Petersons of what you need to know before you head out the door this morning.

Good morning, Indra.

INDRA PETERSONS, AMS METEOROLOGIST: Good morning, guys. Check out this footage. I mean, this is a waterspout they saw off the shore of Tampa yesterday. Hard to believe it's not that atypical. I mean, the conditions are so ripe in Florida that if you look at the radar between 6:00 and 9:00 p.m. from yesterday you take one storm and that's how quickly one of these guys develop.

Even more severe weather to be talking about this morning. Flossie is gone, but behind it, we have Gil. What is so interesting, actually wanted to overlay Flossie's path to where Gil currently is, and notice it's literally almost the identical path. So, definitely something we're going to have to be monitoring especially since the next 48 hours, it is expected to turn into a hurricane. So, currently stronger than what Flossie managed to be.

Otherwise, looking for rain in the Southeast today, as well as rain into the Northeast. So yes all that dry weather we enjoyed I told you it was leaving. Maybe one more day left in New York, where we see some rain.

BOLDUAN: We are rolling through that alphabet, Flossie, now Gil.

PEREIRA: Way too early in the year, too.

BOLDUAN: Thanks, Indra.

CUOMO: It's going to turn into a hurricane, too. You got to give it a better name. I'm not afraid of Gil. I'm not afraid of Flossie. I'm not afraid of Gil.

BOLDUAN: Great. Challenging Gil, nice.

CUOMO: I'm taking him on. Jackman inspired me.


CUOMO: We're going to take a break. Coming up on NEW DAY: check out some incredible video. All right? That man is supposed to be inside, not outside. He is an escaping convict out of a jail in Arkansas, and that cop needs to work on his sprint, he's going to meet with Hugh Jackson.

How could this happen? We'll take you through the details.

BOLDUAN: Plus, home prices, folks, on the rise. Is this the right time to buy?

"Money Time" with Christine Romans is coming up.


CUOMO: Welcome back to NEW DAY, everybody.

A notorious convict just escaped from an Arkansas jail and the weapon he used, his feet. A desperate search under way this morning for Derrick Estell, considered armed, dangerous and as this video proves, very aggressive.

John Berman not implicated in this situation is here with details.

BERMAN: This was not some tunneling at night jailbreak, right? This was in broad daylight. It seems like a carefully orchestrated plot to escape with officers just feet away. And what's worse here, the inmate on the run has a history of violence and a history of making things very difficult for law enforcement.


BERMAN (voice-over): It was this daring stunt that set off a statewide manhunt. An Arkansas inmate slipping head first through a narrow opening of the booking window at the garland county detention center. Derrick Estell appears to be talking on the phone but that was just phase one of his plan. As soon as deputies weren't looking he makes a break for it dashing right out the front door with a guard in hot pursuit.

Now, on the run, Estell is considered armed and dangerous. His lengthy rap sheet includes a total of 26 charges, including aggravated robbery, breaking and entering, burglary, and you guessed it, fleeing.

In March, police say he allegedly stole a car and led them in a wild chase that ended in a standoff.

UNIDENTIFIED MALE: Went into a wooded area, we set up a perimeter and several hours later, we took him into custody.

BERMAN: This time, authorities believe Estell acted with two accomplices. Police say this man, William Harding, who was visiting the jail, distracted guards by asking questions just long enough for Estell to make his woman. And this woman Tamara Upshaw was believed to be driving the getaway car waiting outside.


BERMAN: The man visiting the prison who distracted the guards is in custody right now and police are looking for the woman suspected of driving the getaway car. That car was found abandoned a few minutes later by police in Hot Springs.

BOLDUAN: Seems so improbable that he can slide through the window and get out --

BERMAN: Distraction. One guy goes in, distracts the guards, he jumps through the open window. Open windows a bad idea.

BOLDUAN: In a jail.

BERMAN: Apparently so.

BOLDUAN: Apparently so.

CUOMO: Important to put his face up there. The public is going to be the easiest way to help find him.

BERMAN: And he is a dangerous guy.

BOLDUAN: All right.

CUOMO: Appreciate it, John.

BOLDUAN: Coming up next on NEW DAY: a war of words between two Republican heavy hitters, Chris Christie and Rand Paul beating each other over pork and bacon. That's coming up.

CUOMO: How about this? Nobody loves reality TV in this country, right? But if you think what we have here is bad, just wait until you get a hold of this Pakistani show. The reward for its contestants, how about this? Babies. We'll tell you about it.


CUOMO: There it is.

All right. Welcome back to NEW DAY. It is Wednesday, July 31st. I'm Chris Cuomo.

BOLDUAN: Hi there, everyone. I'm Kate Bolduan. We're here with news anchor Michaela Pereira. PEREIRA: Good morning.

BOLDUAN: Coming up on the show, we're going to talk to a state lawmaker known as Meltdown Mike. Got to love that name.

His wild paper throwing antics have become legendary online. Now, he has his eye on higher office. He's going to be joining us live.

CUOMO: Look at the people around him, unimpressed. That's how you know they're used to him doing this.

Plus, this about, raccoon rumba? Is that a raccoon attacking this guy or are they dancing? He's got a quality beard we know that.

BOLDUAN: Wow, that is a chubby raccoon.

PEREIRA: Well-fed.

CUOMO: It is well-fed and dangerous. Look at it trying to bite him. I hope there's a good explanation as opposed to this guy just getting attacked, not seeming to care.

BOLDUAN: We're laughing as the man is getting attacked.

CUOMO: Nothing (INAUDIBLE) here on NEW DAY.

BOLDUAN: Exactly.

Michaela, the top news right now.

PEREIRA: Let's take a look at the headlines making news.

The source of a parasite borne food poisoning in Nebraska and Iowa, prepackaged salad mixes. More than 100 cases of cyclospora reported in Iowa. Another 78 in Nebraska, five of those patients to go to the hospital.

Investigators in both states blame a bagged blend of iceberg and romaine lettuces and cabbage and carrots. No word yet where the product was sold or under what brand name.

The cyclospora outbreak is spreading more than 350 cases in 15 states.

The sentencing phase begins today for Army Private Bradley Manning, he was found not guilty of the most serious charge against him, aiding the enemy. But he was found guilty of 20 other charges under the Espionage Act, including stealing classified information and videos and leaking them for publication online. The lesser charges could still send him to prison for the rest of his life.

A University of Pittsburgh professor accused of killing his wife with a lethal dose of cyanide pleats not guilty. Robert Ferrante entered his plea by video conference Tuesday. According to criminal complaint, text messages sent between the couple before Autumn Klein's death in April suggest that Ferrante urged her to use creatine to help her get pregnant. Investigators say he then laced her creatine with cyanide.

What would you do if airline told you baggage fees would cost $1,000? Well, when it happened to a Delta passenger flying from Seattle to New York, he decided to just leave his seven bags behind. Not a good idea. The bomb squad had to be called in as a precaution. Should check out the bags, the passenger was questioned when he arrived in New York. Authorities determined nothing criminal was intended and he will not face charges.

All right. Are you ready for polar bear cam? Researchers at the Oregon Zoo getting a new look at life from a polar bear's perspective. This is Taso (ph) the polar bear. She has been wearing a collar- fitted specifically with camera and electronic sensors that track movements.

Once all of this technology is finalized, they're going to use similar collars and place them on free-roaming polar bears in the Arctic.