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NEW DAY

Diplomatic Posts Shuttered; Bomb Explodes on Pakistan Train; Fatal Venice Beach Boardwalk Crash; Deadly Skydive; ESPN: Heisman Winner Under NCAA Investigation; Brutal Beating Caught on Video; Jeopardy!'s Heartbroken Contestant; "2 Guns" Tops Box Office; "I Can Finally Get Married"

Aired August 5, 2013 - 07:30   ET

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


(COMMERCIAL BREAK)

CHRIS CUOMO, CNN ANCHOR: Tom Petty, kicking it for you on this Monday morning. Welcome back, everybody, to NEW DAY. August 5th. I'm Chris Cuomo.

KATE BODLUAN, CNN ANCHOR: Morning, everyone. I'm Kate Bolduan. We're here with our news anchor Michaela Pereira. Lots coming up in the show including we're going to show you shocking video of a school bus fight that left a 13-year-old Florida boy with black eyes and a broken arm. So why didn't the school bus driver step in to stop it? That's what some are asking.

CUOMO: And actor Matt Damon has been working hard, hitting the gym four hours a day. That's what he says, anyway, for his role in "Elysium". But guess where he is this morning? Right here with Kate Bolduan. Very nice.

All right, lot of news this morning. Let's get right to Micheala.

MICHAELA PEREIRA, CNN ANCHOR: All right, good morning, guys. Good morning to you at home. Making news, 19 embassies and consulates now closed through Saturday over concerns al Qaeda may launch attacks in the Mid-East, North Africa, or other spots.

The State Department exercising an abundance of caution to protect workers and visitors after a message between senior al Qaeda operatives was intercepted. Several U.S. officials also emphasizing they have been watching growing threats coming from Yemen for weeks.

We are tracking a developing story to Pakistan. Police say a bomb detonated on a train traveling from Lahore to Karachi earlier this morning. It went off while a train wag pulling into a station in Pakistan's Punjab Province. It's believed the bomb was planted inside one of the car's bathrooms. No word yet about possible casualties or who might have been behind that blast.

A Los Angeles man is in custody on a million dollars' bond this morning after allegedly speeding down a crowded boardwalk in Venice Beach, California. An Italian woman on her honeymoon was killed. Eleven others were injured. Witnesses say the driver of the car 38- year-old Nathan Campbell was traveling close to 40 miles an hour and appeared to be intentionally running people down.

A sky driving instructor is dead, his student in critical condition after their parachutes failed to open while making a jump in Lumberton, Mississippi. The body of 66-year-old Jimmy Horack Jr. was found Saturday in a wooded area about a mile from the airport where he was supposed to land. His unidentified student survived, but is in critical condition with broken bones and head injuries.

ESPN reporting that Heisman Trophy winner, Johnny Manziel is accused of signing autographs for money and is now under an NCAA investigation. It allegedly happened when the Texas A&M quarterback went to Miami in January to watch the national championship game. Sources tell ESPN received several thousand dollars. If Manziel broke the rules, he could be declared ineligible to play.

Here's a question for a Monday morning, how many officers does it take to clear a highway full of squealing pigs, apparently not enough. This is several dozen pigs that got lose when a truck overturned on a highway in southwest China. Officers trying to wrangle them, thinking they're not paid enough to do this. The pigs ran under an emergency vehicle and the officers were able to round them and apprehend them and reopen the road. You know they're just muttering. He's like, not in my job description.

CUOMO: They're lucky those pigs weren't greased.

PEREIRA: I knew you were going to go there.

CUOMO: It's tough to catch a greased pig.

PEREIRA: Good morning. That's a wake-up call?

BOLDUAN: No kid postponing.

CUOMO: Now to something that is disturbing, but we keep seeing it so we have to talk about it. Outrage this morning over a shocking school bus beating caught on video in Florida, a 13-year-old brutally beaten by three 15-year-olds leaving him with a broken arm. He is lucky that's the only injury he had. All three have been charged. But there are new questions about the only adult present, the bus driver. What was he doing and why didn't he do more?

CNN's Pamela Brown joins us with the latest. Good morning, Pamela.

PAMELA BROWN, CNN CORRESPONDENT: Good morning. A lot of mixed reaction to this story, the bus driver, John Moody, says that he did all that he could following school bus policy during the horrific July 9th attack that left a 13-year-old boy with two black eyes and a broken hand even though he stopped far short of physically stepping in to protect the victim.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: No. You have to get out somebody here quick, quick, quick. They're about to beat this boy to death over here. Please get somebody here quick and they're still doing it. There's nothing I can do.

BROWN (voice-over): The school bus driver, John Moody, looks on in horror, pleading with the dispatcher to send someone to stop the vicious attack.

UNIDENTIFIED MALE: I've got a fight. I need help in a hurry. I've got a fight. I need help in a hurry.

BROWN: Police say three 15-year-olds attacked a 13-year-old after he told school officials that one had tried to sell him drugs.

You can hear the 13-year-old's cries for help as he's mercilessly punched and stomped. Police say the attackers broke the victim's arms and stole his money. The three boys were arrested on aggravated battery charges. According to Pinellas County School policy, the driver is not required to intervene, only to call dispatch. Moody says he was too afraid to step in.

JOHN MOODY, SCHOOL BUS DRIVER: The three boys just jumped on him and started pounding on him. I did all I can. I was looking. I was in shock. I was petrified.

BROWN: Pinellas County leaves it up to the driver, but many counties actually forbid drivers from physically stopping fights. Gulfport police say Moody won't face charges, but that the 64-year-old could have done more.

CHIEF ROBERT VINCENT, GULFPORT POLICE DEPARTMENT: There was clearly an opportunity for him to intervene and/or check on the welfare of the child in this case. And he didn't make any effort to do so.

BROWN: While his attorney says that was not an option, Moody says he's haunted by the attack, wondering if he could have done more.

MOODY: I wanted to help him so bad. I wanted to help him so bad. I wanted to help him.

(END VIDEOTAPE)

BROWN: And that's why Moody doesn't face any charges in this case. A Florida State attorney said it wasn't like he was looking out the window while cleaning his fingers nails. He downplayed the victim's injuries after attack saying the kid got up and skid out the door. So that's why the driver didn't immediately come to his aid. And the driver said this was his only problem in 18 years on the job and he doesn't want to be judged or remembered for it, he had just put in his retirement papers right before this incident and then retired just two weeks later.

BOLDUAN: I think it's a no-win for the bus driver.

CUOMO: I think it's a no-brainer. I mean, I've covered a dozen of these. When the driver gets up and does something, there are all those rules. You're not allowed to touch a kid. All the parents of those three bullies, all of a sudden, my baby, my baby, you hurt my baby and they sue the guys are put on administrative leave. Their hands are tied.

BROWN: And that's why in a lot of counties you can't even jump in to physically help the victims here and I think that's the big reason.

CUOMO: Teachers have a lot of handcuffs put on them because of how litigious we've become as a society. A police officer is speaking out of school. They have a different set of responsibilities. But you know, what I don't like that I'm not hearing in this conversation, forget the bus driver. Where are the parents?

BROWN: Right.

CUOMO: Those three kids, they've been charged. Let's see what happens now. I guarantee you the parents are going to come forward and say, well, they're just kids. Not that kind of behavior.

BOLDUAN: A broken arm.

CUOMO: When you talk to educators and you talk to people around kids who are raising them and educating them, you have to show that if you do this, you're going to be punished. You can't just dismiss them as children any more not when they do that. I feel for the driver. He is the least accountable in the situation.

BROWN: He did all he could.

CUOMO: We see it going the other way all the time. Within the next six to eight months, we'll see a story where a bus driver who says or does something winds up in trouble.

BOLDUAN: Thanks, Pamela. Thanks so much.

All right, still ahead on new day, cheated by "Jeopardy," meet an eighth grader who got the final round question correct, but was told they couldn't accept the answer. Were the judges too hard on him?

CUOMO: And some more video you want to see today, terrifying. Firefighters trying to get the upper hand on an inferno in Idaho, the house collapses right on top of them. We're going to let you know how this deal panned out.

(COMMERCIAL BREAK)

BOLDUAN: There you go. Wake up, everyone. Welcome back to NEW DAY. We'll play a little "Jeopardy." Why not? It's Monday. OK, John Berman is here. You are the contestant. The answer, Mr. Berman. He's the most heartbroken contestant ever.

JOHN BERMAN, CNN CORRESPONDENT: The question is who is Thomas Hurley? I know that because I had it in prompter in front of me. Let me tell you about young Mr. Hurley here. He is a bright eight grader from Connecticut and a lot of people on the internet are in his corner. He was sent home from final "Jeopardy" despite the fact that he and many others say he got the question correct.

(BEGIN VIDEOTAPE) BERMAN (voice-over): It's being called the saddest moment in "Jeopardy" history. An eighth grader loses final Jeopardy during kids' week for misspelling a word.

UNIDENTIFIED MALE: Emancipation -- well, because he misspelled it badly -- you put a "p" in there, proclamation. That's unfortunate. The judges are ruling against you.

BERMAN: The 12-year-old Thomas Hurley III held back tears after his lost. He later told his local newspaper, "I was pretty upset that I was cheated out of the final Jeopardy question. It was just a spelling error." The incident blew up with social media with many commenting on Jeopardy's Facebook page. He got the answer right. He misspelled it, big deal. Hurley's parents claiming they were less upset about the loss and more upset about how Alex Trebek and company handled it, telling CNN they were, quote, "smug."

UNIDENTIFIED MALE: Well, because he misspelled it badly --

BERMAN: Jeopardy's producers released a statement, "If jeopardy were to give credit for an incorrect response, however minor, the show would effectively penalize the other players. We love presenting young people as contestants on our show and make every effort to be fair and consistent in their treatment." Last year, a contestant was penalized for mispronouncing the word Wimbledon.

UNIDENTIFIED MALE: What is Wimbledon?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: We have to take some money away from you, Reed. I'm informed that you very clearly said Wimbleton, not Wimbledon.

BERMAN: But no one has lost as badly or boldly as Cliff Claven on an episode of "Cheers." But this is real life for Hurley and his family who are still smarting from the loss.

(END VIDEOTAPE)

BERMAN: This is the thing that gets me. Many people have pointed this out. Even if Thomas Hurley, the kid, spelled the answer correctly, he would not have won. The boy who did win, 12-year-old Skyler Hornbuck set a kids week record winning $30,000 in one episode. He won $66,000 overall, which is the third highest one-day winnings in Jeopardy history. I think that only makes the situation a little worse. You know, if Thomas Hurley wasn't going to affect the outcome, anyway, why essentially taunt him for misspelling emancipation?

BOLDUAN: I think we have a contrarian on this set on this one.

CUOMO: I'm pro-Hurley, I just want to say. I think it's great that the kids are on there. But it seems like that's the rule, my brother, but if that's the rule and you have to spell it right, everyone has to play by it.

BERMAN: But to say he misspelled it badly? I misspell words with more than one incorrect letter.

BOLDUAN: I don't know why the spelling has to be so correct. I guess it's a slippery slope.

CUOMO: It's not the old guy -- well, he's probably my age where he said Wimbleton, not Wimbledon.

BERMAN: He clearly knew what the answer was and put an extra letter in there for emphasis.

COUMO: The other guy knew that it was Wimbledon.

BOLDUAN: He had scribbled out the "t," would he have gotten it?

CUOMO: Rules stink very often when you play by them. I think the right focus that you have is this is a kid, treat it like a kid. Maybe it should be different for them.

BERMAN: It would not have changed the outcome.

BOLDUAN: Well, I couldn't even -- I probably wouldn't even have gotten the answer right, let alone spell it right. Thomas Hurley is way ahead of us.

CUOMO: I am angry at myself about this.

BERMAN: You're happy with yourself, Chris Cuomo.

BOLDUAN: What is get off set? Thanks, John.

CUOMO: One more answer I would have gotten wrong on Jeopardy. Appreciate it.

Coming up on NEW DAY, an intercepted al Qaeda message closes embassies and consulates overseas. We're going to look at the threat and tell you where it could go from here.

BOLDUAN: And also Lady Gaga and Madonna, what do they have in common? Well, they're both in trouble with Russia for working while on tourist visas, but is the warning really about something else. We'll have more, coming up.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY.

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: We need to hear what goes on.

BOLDUAN: It's time for Pop Four, that's why Nischelle Turner is here.

TURNER: You guys ever have that time when you wake up in the morning and just everything aches?

BOLDUAN: Every Monday.

TURNER: What does that mean, does it mean we're all getting old?

BOLDUAN: No. Do not say that. If you don't say it, it's not true.

TURNER: All right, well, I need some oil. Let's shake the rust off with the Pop Four. Our number four is "Two Guns" that is. Denzel Washington and Mark Wahlberg came in first this weekend. "Wolverine" came in second. "Smurfs 2" debuted at number three.

CUOMO: Denzel said here on NEW DAY, it was going to do well. Him in a comedy, first time he's done one, he felt good about it. He was right --

TURNER: So that means he has to come back and slide down those stairs, right?

BOLDUAN: Only he could do it and look good doing it.

TURNER: Exactly. All right, our number three story this morning, Raven Simone out and proud. The "Cosby Show" star confirmed to CNN that she is gay after tweeting, I can finally get married, government, so proud of you. By the way, guys, she did also say she didn't have any plans to get married right this minute. She is not engaged or anything. She just happened to know if she wanted to, she could.

It will include everything. It's our number two story. Actress, Leah Remini who recently left the Church of Scientology announced she is writing a memoir about her life and confirms it will tell her side of the split from the ultra private church.

The number one story, Ellen second time hosting the prestigious award show, the 86th Academy Awards will take place on March 2nd, 2014. Can you dig it?

PEREIRA: I'm there. I'm doing it, for sure. I love her.

CUOMO: When Ellen started dancing on the show, I thought it was cathartic early on, but the more I watch. She has some skills.

PEREIRA: You do it in your living room.

TURNER: I don't believe that for a second. Who at this table believes Chris Cuomo has no dance moves?

CUOMO: I will say this, though.

BOLDUAN: I don't think I've seen you dance, though.

CUOMO: That's because morning hours.

BOLDUAN: From when he walks over there.

CUOMO: That's true!

BOLDUAN: I thought that was -- and we thank you for that.

CUOMO: Just keep it right here. Your whole day will get screwed up. I throw a couple moves people try to imitate them.

PEREIRA: If that doesn't get you going on a Monday. See, it's gone.

TURNER: It's gone. By the way, Ellen got mixed reviews last time. I thought she was fantastic and this is going to be an all-out good Oscars because you know folks will be partying.

BOLDUAN: Ellen, if you need any help, I know a back-up dancer.

TURNER: He's Ellen's hype man.

CUOMO: I'll pull it back from the '80s.

BOLDUAN: Pull out your hammer pants.

CUOMO: They look good -- leather tie.

BOLDUAN: I'm clearing the week for that.

CUOMO: The guys I like, I had one of those at the time.

TURNER: Everybody at home right now are saying, there are the five things I need to know for my new day just came from Chris Cuomo.

BOLDUAN: Like drinking their coffee --

And on that note, you know what that means -- coming up next on NEW DAY. We need some Matt Damon in our lives. Matt Damon doing sci-fi. We sat down together. We talked about the intense preparations he went through for his upcoming blockbuster. He's taken some risks these days. We'll tell you more about it.

CUOMO: He can dance too. I've seen him dance. There it is.

Now, to the serious news, embassies and consulates are closing overseas. We'll tell you where it goes from here and give you the information that the analysts and experts have that are driving all of the caution. We'll give you that, at the top of the hour.

(COMMERCIAL BREAK)

BOLDUAN: You ask and you shall receive. Who wanted hammer in the morning? Everyone. It's time for the rock block, everyone. A quick round of the stories you're going to be talking about. First up, Michaela.

PEREIRA: Talking about a lot of things from the show today. First up in the papers, the "San Francisco Chronicle" reporting that Bart trains will be running this week. The governor intervened late last night to stop its strike.

From the "New York Times," American Express is out, AT&T is in as the new sponsor of the Tribeca Film Festival. Actor Robert Dinero helped create the festival some 13 years ago to lift downtown New York after 9/11. From "The Guardian," the world's first talking robot astronaut on route to the International Space Station. This Japanese robot named Ki-Robo was launched on Sunday. How cool is that? Time now for business news with Alison Kosik.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Thanks, Michaela. Count them 30 so far this year for the Dow. I'm talking about record highs. The S&P 500 also at a record high. Stock futures are pointing to a flat open.

JetBlue going where it has never gone before, business class, the airline plans to test out premium seating complete with live flat seats on some transcontinental routes. No word on the price.

Microsoft is cutting the price of its Surface Probe by 100 bucks. That takes the lowest model down to $799. Microsoft is dealing with weak sales.

Now, let's go to Indra Petersons for the weather.

INDRA PETERSONS, AMS METEOROLOGIST: Good morning. We have a threat of severe weather for today. It's been a little while. We're talking about Montana right down through Kansas and speaking of Kansas, talk about the rain you saw yesterday. Over seven inches of rain in just the morning hours and seeing more thunderstorms in the area is never a good thing.

The flooding potential will be high. It's been a rainy summer. So more rain expected, again, into the southeast, another couple inches expected in your area but in the northeast, complete opposite pictures, gorgeous temperatures below normal actually seeing 70s today. We like it. Will it stay this way? We have the outlook for the month. It will stay that way for at least a month.

BOLDUAN: Normal, normal, above and below. Thanks so much, Indra.

All right, we're almost at the top of the hour, everyone, which means it is time for the top news.