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NEW DAY SATURDAY

Search for Hannah in Idaho; More Rain in Store for Central U.S.; Filner Leaves Therapy Early; Obama Wants Surveillance Changes

Aired August 10, 2013 - 07:00   ET

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


(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The blue Nissan Versa was discovered covered in brush.

BRIANNA KEILAR, CNN ANCHOR (voiceover): Brand new developments in the amber alert case that has the entire country on the lookout. We'll take you live to idaho where a fresh lead gives new hope.

DR. SANJAY GUPTA, CNN MEDICAL CORRESONDENT: We simply haven't gotten accurate information about this. There is real science here and that has to be injected into this conversation.

VICTOR BLACKWELL, CNN ANCHOR (voice-over): After years of speaking out against it, Dr. Sanjay Gupta has had a revelation. Why he changed his mind on medical marijuana.

KEILAR (voice-over): It's a war of words between Hollywood's elder action heroes. Let's just say Sylvester Stallone and Bruce Willis may never share the silver screen again.

(MUSIC)

(END VIDEO CLIP)

KEILAR: Good morning, everyone. I'm Brianna Keilar.

BLACKWELL: I'm Victor Blackwell. It's 7:00 here on the East Coast. This is NEW DAY SATURDAY.

ANNOUNCER: This is CNN breaking news.

KEILAR: Breaking news overnight. We now know that the second body that was found in the California fire was 8-year-old Ethan Anderson.

BLACKWELL: But the mystery of how Ethan and his mother died will only be solved when they find this pair, 16-year-old Hannah Anderson and her alleged kidnapper James DiMaggio. Finding them will not be easy. They were last seen in the Frank Church-River of No Return Wilderness area.

CNN's Miguel Marquez is in Cascade, Idaho.

Miguel, this wilderness area is 2.3 million acres. Do we know anything about Hannah's condition or her state of mind? MIGUEL MARQUEZ, CNN ANCHOR: Here's what we do. Investigators have told me, Victor, that when this horse back rider saw these two individuals, which we have every reason to believe was DiMaggio and Hannah, that she was -- did she did not seem to be under duress. There seemed to be nothing strange about the interaction between the rider and them or between those two.

Later, he described it as odd. This was only after he realized these were the two that were probably being looked for in the Amber Alert.

Here is how one official put it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: There was nothing immediately alarming about this pair, the horse back rider said. They did appear to have gear with them. They had camping equipment. It seemed to him. I think he described the interaction as odd but nothing alarming.

(END VIDEO CLIP)

MARQUEZ: The investigator I spoke to as well said the camping equipment they had wasn't the heavy duty sort of camping equipment you might have out here, sort of medium to light gear that you would have in -- for a day or two, not for a long haul in deep wilderness where these people were. And it seems that the odd bit that this person was referring to seemed to be that these two people seemed a little out of place for as far back in this wilderness as they were -- Victor.

KEILAR: Miguel, Brianna here.

This is a huge wilderness, as Victor mentioned. Is it possible that DiMaggio could find another way out of the area, perhaps escape to Canada?

MARQUEZ: It is possible. But look, they went about six miles. From the day that they left the car and covered it with brush and he took the license plates off to where they were spotted on Wednesday morning was maybe 24, perhaps 48 hours. It's been now about 72 hours since that spotting.

They went six miles in that first bit from the car to where they were first spotted. They could go for maybe another six, maybe 10 miles today. It is a massive and very, very rough area. It is very difficult for them to make a fast head way in any direction.

Investigators believe they have it cordoned off now. No one can get in or out on any roads without them knowing about it and today the intensive search gets under way.

Back to you guys.

KEILAR: All right, Miguel.

BLACKWELL: All right. Miguel Marquez in Cascade, Idaho, thank you for that. And you also want to stay with us because in about 90 minutes or so, we'll have a conversation with a friend of Hannah's to ask about the relationship between DiMaggio and Anderson, and how she felt around that older man.

Also, across the country, parts of 17 states are under a flood watch or flood warning this morning.

KEILAR: That's right. Rising waters have claimed another life, this time near Colorado Springs. Flash floods are also blamed for deaths in Oklahoma and Missouri and forecasters say that more rain is on the way.

BLACKWELL: George Howell is in Hollister, Missouri.

George, how are people holding up there?

GEORGE HOWELL, CNN CORRESPONDENT: Victor, Brianna, good morning.

So, here in Hollister, Missouri, it really is all about cleanup. I mean, removing big trees that were washed up by all of this flood water. In fact, just the other day, we saw a flash flood situation happen, a big storm cell that came through very quickly but dropped a lot of rainfall. You can see there's plenty of debris around here. You can see the devastation in some of these homes.

And as you mentioned now, this latest death just outside of Colorado Springs. We understand the body of a man was recovered from debris there. That along with the death in South Carolina, in Oklahoma City, and two deaths here in the state of Missouri, certainly a difficult and dangerous situation as this storm system continued to push toward the east.

We also know that we're still here under the gun. In fact, we are under a flash flood watch, Victor and Brianna. And that's, you know, scary news for people who have seen a lot of rainfall fall very quickly over the last several days.

KEILAR: That's right. IT is so dangerous. We're seeing that from pictures coming in.

George Howell in Missouri -- thanks, George.

BLACKWELL: All right. Let's go from the floods to a raging wildfire now. In southern California, 25 square miles have gone up in flames. Riverside County is now under a state of emergency.

Let's bring in meteorologist Jennifer Delgado. She's in the CNN severe weather center.

Jennifer, is there any relief for this area in sight?

JENNIFER DELGADO, AMS METEOROLOGIST: Well, you know, unfortunately, it doesn't look like they're going to get the precipitation that they would like to get to help put out these fires. But, right now, we do know they're only at 25 percent containment and current conditions right now keeping the winds at 13 miles per hour, not registering any gusts, but for today and tomorrow, we are expecting dry conditions out there and we're also expecting some of those gusts through today and tomorrow to pop up to about 25 miles per hour.

Now, as we've seen in the video of the fires out there, again, the silver fire and those started on Wednesday, but we're going to continue to follow that as we go through the next couple days because it looks like they've got a ways to go. And firefighters have quite a ways to contain this fire. We do know that reportedly 15,000 people -- should say 1500 people were evacuated from their homes since Wednesday. So certainly a dangerous situation out there.

We'll continue to follow the fires as well as the ongoing flooding across parts of the Midwest and the Colorado in the next hour.

BLACKWELL: All right. Jennifer, thank you very much.

DELGADO: You're welcome.

KEILAR: Now, we have some new information this morning about embattled San Diego Mayor Bob Filner, mired in that sexual harassment allegation, a controversy, he's left a behavior therapy program we learned a week early. That is according to his chief of staff.

BLACKWELL: And recall efforts are ramping up, including a letter from personal friend, Senator Barbara Boxer, urging him to step down.

Nick Valencia is following the story.

He says he's going in for two weeks, says it is intensive, in-patient therapy. And now, he is out.

NICK VALENCIA, CNN CORRESPONDENT: Now, he is out. But his chief of staff is saying he checked in early, which is why he checked out early. So, that's how they're couching it. His critics are saying that's not the case at all and that he used this as an excuse to get out of a deposition.

His communications director filed a sexual harassment lawsuit against him. He was going to be deposed August 9th. That didn't happen. He got a letter from his doctor to get out of it.

His chief of staff says he is going to continue the therapy in an out- patient program. But as we mentioned last hour, a little twist to the story. The locks have been changed, that according to a local newspaper and affiliate.

I just reached out to the mayor's office to try to get comment.

KEILAR: On his office?

VALENCIA: On his office.

KEILAR: Wow.

VALENCIA: It is unclear if they were informed about the locks being changed before it happened, if they have the new keys. In San Diego, you don't have to have an interim mayor. He is still the mayor despite having been in this rehab. Who knows what is going to happen when he goes back.

BLACKWELL: Just so bizarre.

VALENCIA: Just so bizarre. And this letter from Barbara Boxer, he is getting criticism from all angles, Victor and Brianna. I mean, this is coming from personal friends now.

Barbara Boxer, long-time senator, she wrote him an open letter which read in part, "I must say this directly to you: Bob, you must resign because you have betrayed the trust of the women you have victimized, the San Diegan you represent and the people you've worked with throughout your decades in public life."

KEILAR: And I think it's now unanimous on the city council that they want him out of there.

VALENCIA: He had two allies on the city council. Now they're saying you need to step down. So not only is his own party, long-time friends, even people that were supporting him up until now are saying we don't want anything to do with you.

KEILAR: No one is on his side in this.

BLACKWELL: We'll see where it goes from here. Nick Valencia, thank you.

VALENCIA: You got it.

BLACKWELL: The president says, sure. You have a right to ask questions about government snooping. Now, he is taking steps to ease your concerns about terror surveillance programs.

(COMMERCIAL BREAK)

KEILAR: Good morning, Washington. A really beautiful picture of the capital with the sun coming up there. Kind of a like a halo effect. I love that city.

Not everyone loves that city. I do love it.

BLACKWELL: I love it.

KEILAR: It's beautiful.

All right. We're checking your international news.

The U.S. consulate in Lahore, Pakistan has been evacuated due to a terror threat and it does not appear to be a connected though to the greater threat that closed multiple embassies last week coming from al Qaeda.

Meanwhile, a senior State Department official says the U.S. will be reopening 18 out of those 19 embassies. The U.S. embassy in Yemen though will remain closed.

BLACKWELL: President Obama, he is feeling the heat over U.S. surveillance programs. Now he is trying to assure Americans the government is not overstepping.

KEILAR: Live now to Washington and CNN's Rene Marsh on this story.

Hi, Rene.

RENE MARSH, CNN CORRESPONDENT: Hi, Brianna and Victor.

You know, the president said yesterday while the government surveillance programs have not been abused, he admits he needs to do a better job explaining them. So, to give the American people more confidence as he put it in the programs he is proposing outside experts review whether there are new ways, including technology to prevent abuse.

He is also proposing working with Congress to put more safeguards on the Patriot Act program that collects their telephone records. A third proposal, an independent voice to challenge government claims when it asks the judge to approve the program. Lastly, the president wants the creation of a website detailing what the intelligence committee does and doesn't do. Also, that the Justice Department would make public the legal basis for the programs.

But why propose these changes now? Well, Obama says because the leaks from former NSA contractor Edward Snowden have given the programs a bad rap.

Take a listen.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: A general impression has I think taken hold not only among the American public but also around the world that somehow we're out there willy-nilly just sucking in information on everybody and doing what we please with it. That's not the case.

(END VIDEO CLIP)

MARSH: All right. So, there you go. The president there defending -- essentially defending the program.

BLACKWELL: All right. Rene Marsh in Washington for us.

Of course, this conversation is not over.

KEILAR: No.

BLACKWELL: We'll continue it.

We have new video of the man suspected of murdering his wife and then posting photos of her dead body on Facebook. Miami-Dade police released surveillance footage of Derek Medina walking in to confess to the shooting death of Jennifer Alfonso. Medina is in that base tank top. Responder is the other guy in the white t-shirt. Now, Medina is held without bond on a preliminary murder charge.

KEILAR: Tragedy in Connecticut. According to the NTSB, between four and six people were killed when a small plane crashed into two homes. The victims have not been identified but a former Microsoft executive and his son were onboard. Also feared dead are two kids who were in one of the homes. Their ages are 1 and 13.

BLACKWELL: Lululemon. Have you heard of it? Fitness --

KEILAR: I do own some Lululemon garb.

BLACKWELL: You've got some garb. Well, the company under fire --

KEILAR: I've invested in it I should say.

BLACKWELL: Is it pricey?

KEILAR: Yes.

BLACKWELL: Plus size shoppers accuse the company of discriminating against larger sizes. And now a former employee is speaking out and he's talking to CNN.

(COMMERCIAL BREAK)

BLACKWELL: Nineteen minutes after the hour.

It is "Money Time" on NEW DAY, and some college students, sigh of relief this morning. Because on Friday, President Obama signed the bill into law that will temporarily lower rates for student loans. Rates for under graduate students have returned to 3.8 percent. The change will also lower rates for anyone who took out a loan while their rates were higher.

KEILAR: Take a look at this car. Now, look a little bit closer. You see it?

Those are bodies painted to look like a fiat. The car maker had artists hand paint the bodies of circus performers and contortionists covered in paint from head to toe. The ladies molded themselves together to form into Fiat's Abarth. Am I saying that right? Abarth model? That' phonetically how I'm pronouncing it.

BLACKWELL: OK.

KEILAR: Hours and hours later, that's the end result, and no PhotoShop necessary.

BLACKWELL: I hope the AC was high --

KEILAR: Right. Oh my goodness.

BLACKWELL: One person is a little right and you are not enough to for six hours while you're painted. It is miserable. KEILAR: No fun.

Well, why pay with your wallet when you can pay with your face. What? That's right. There is a new app from PayPal that allows users to pay for goods with a quick photo confirmation.

BLACKWELL: Here, look at the video. Shoppers on Richmond Street in London can now check in using their app when they enter the store. The app inputs the name and profile of the customer at the cash register. Just walk in and, you know, use your face.

KEILAR: What if you're like the bad twin though? Bad identical twin. Sure. Put it on my card, wink, wink.

BLACKWELL: The twin with the terrible credit.

KEILAR: That's right. Well, shoppers can then pay by just confirming their identity as the cashier matches the face to the profile photo.

And $98, it is a high price to pay for yoga pants. But retailer Lululemon has made a fortune marketing its signature item to the young fit and the classically attractive consumer. Now, Lululemon is getting pushback from plus size shoppers.

BLACKWELL: A former employee accuses the company of discriminating against plus size shoppers.

CNN's Rosa Flores talked to the woman at the center of this controversy.

(BEGIN VIDEOTAPE)

ROSA FLORES, CNN CORRESPONDENT (voice-over): Serious fashion can mean serious bucks.

But Elizabeth Licorish says it is a reminder of what she considers a serious problem.

ELIZABETH LICORISH, FORMER LULULEMON EMPLOYEE: I was uncomfortable with the bias that we had toward affluent, thin women, that they were sort of more deserving of our attention than larger, plus-size women.

FLORES: She sold yoga pants at a Lululemon in Philadelphia in 2011. She quit.

One of her frustrations? Not being able to help every guest.

LICORISH: We didn't receive many shipments of what is considered I guess plus-size for Lululemon even though it is a very standard American woman size. So when customers would come into the store, they would encounter the pants hidden away almost in a very shameful way.

FLORES: She went public with her concerns to "The Huffington Post."

CNN reached out to Lululemon for comment but were directed to a statement on Facebook saying in part, "Our product and design strategy is built around creating products for our target guest in our size range of 2 to 12."

Madeline Jones, co-owner of "Plus Model" magazine, says retailers that ignore plus sizes are leaving cash on the table.

MADELINE JONES, PLUS MODEL MAGAZINE: They're running 5ks and bicycling and swimming. This is what they do. This is part of their life as well.

FLORES: Sixty-nine percent of American adults 20 and over are overweight. That's according to the centers for disease control and prevention. With a few shopping options in brick and mortar stores, Jones says her readers are shopping online.

JONES: I'm actually looking for overseas designers and brands as well. They're offering clothing to U.S. women also.

FLORES (on camera): Retail experts will tell you, business is not about making everyone happy. It's about the bottom line.

(on camera): If you ask this shopper, it's not about the bottom line.

JONES: It's not easy being a plus size person in this world. It's not at all.

FLORES: But, rather, about a good fit around the waist line.

Rosa Flores, CNN, New York.

(END VIDEOTAPE)

KEILAR: Now, Elizabeth Licorish is not alone. According to the Centers for Disease Control and Prevention, the average weight of an adult woman in the U.S. is 166 pounds. That is heavier obviously than Hollywood's idyllic size 2.

BLACKWELL: I want to go back to the very first sentence, $98 for yoga pants?

KEILAR: That's the thing. They're so expensive. And so, they're also saying you are not just catering to only thin women but this sort of thin, affluent woman.

BLACKWELL: Yes, and it's all women right? They just they don't do men's clothes. Guys work out in basketball shorts and an old --

KEILAR: I think there is some men's stuff but it's mainly, I think there's men stuff.

BLACKWELL: They sell men stuff?

KEILAR: But it's mostly women we're hearing. I thought so. Yes. It is mostly women they're targeting.

BLACKWELL: I'm not fashionable at all when working out. KEILAR: I own some Lululemon.

BLACKWELL: Yes, you already admitted to the Lululemon thing.

KEILAR: I like them, too.

BLACKWELL: I've got paint spatters and rips and tears. I'm just happy I'm in there. What I'm wearing I don't think really matters.

KEILAR: I'm glad you're working out.

BLACKWELL: Yes.

KEILAR: Staying healthy.

BLACKWELL: Yes. It wasn't always the way.

OK. We can't leave "Money Time" without bringing up the jackpot. You know what we're talking about. Two of the three Powerball winners haven't come forward yet to claim their piece of the $448 million prize.

KEILAR: Oh, such big, good money right?

BLACKWELL: Yes.

KEILAR: So, we have a few hints about their identity. Reports say that 16 government workers in Ocean County, New Jersey hold one ticket. Can you imagine? What happens to Ocean County? They're like, see you.

OK. So Paul White of Minnesota came forward Thursday to claim his share of the jackpot. White gets just a measly $58 million after taxes.

BLACKWELL: How will he make it?

KEILAR: I can handle that.

BLACKWELL: Can he take the pay cut? $59 million down from 149? A huge chunk of taxes.

KEILAR: That's taxes.

BLACKWELL: Yes, got to pay it.

Next, CNN's Dr. Sanjay Gupta takes on the controversial topic of marijuana. You'll hear why he's changed his views on the drug even to the point of an apology.

(COMMERCIAL BREAK)

KEILAR: Now for an update on mortgages -- rates dropped slightly this week. Check it out.

(COMMERCIAL BREAK) KEILAR: Bottom of the hour now. Welcome back, everyone. I'm Brianna Keilar.

BLACKWELL: I'm Victor Blackwell.

Here are five things you need to know for your NEW DAY:

Number one: Authorities are combing a wilderness area in Idaho hunting for Hannah Anderson and her alleged kidnapper James DiMaggio. At the same time, San Diego County sheriff has confirmed the family's worst fears, saying the second body found in the rubble of a fire was Hannah's brother Ethan Anderson. The body of their mother Christina was also found in that fire.

Look at this. This is number two in Manitou Springs, Colorado. Heavy rains have funneled flood water through a canyon here. And you see how quickly the cars are just moving through. It is two to three feet of muck there. Three people were hurt. Reports say one person may be missing.

KEILAR: And number three: Winds are steadily pushing a wild fire near Palm Springs, California, east today. So that's led to a state of emergency for Riverside County. And firefighters will be battling temperatures near 100 today as they try to knock down the flames there. The wildfire burning more than two dozen homes.

BLACKWELL: Number four: San Diego Mayor Bob Filner has left intensive behavioral therapy a full week earlier than expected, but you'll remember Filner told reporters he'd spend two weeks in counseling but he was there for just one. Cut in half.

At least 11 women accused Filner of sexual harassment and it is not yet known if he will return to the mayor's office on Monday.

KEILAR: And number five: he's back. Embattled Yankee slugger A-Rod making his return to New York last night. He was greeted with a chorus of cheers and also boos.

I don't know -- it's 50/50 maybe. Is that when you want to be batting .500? I don't know.

BLACKWELL: No.

KEILAR: His play didn't help silence the naysayers either. He went zero for four and struck out three times. Regardless though the Yankees went on to beat the Tigers, 4-3.

BLACKWELL: Not for $27 million a year. You want everybody cheering.

KEILAR: That's right.

BLACKWELL: We've been misled for decades about medical marijuana. That's CNN's Dr. Sanjay Gupta's stunning conclusion after nearly a year of reporting. His new documentary may make you rethink what you thought about weed. Listen.

(BEGIN VIDEO CLIP)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT (voice-over): People are lighting up all over the country. They call it the green rush. Marijuana has moved out of the back alleys and into the open.

UNIDENTIFIED MALE: Happy cannabis day (ph) y'all.

GUPTA: In some states, it's legal to grow, to sell, to smoke. And marijuana could be legalized in a city near you.

So, easy to get and many think so harmless. But when the smoke clears, is marijuana bad for you? Or could pot actually be good for you?

(END VIDEO CLIP)

BLACKWELL: Well, the answer to that question was not at all what Sanjay expected.

Earlier, I asked Sanjay, what changed his mind?

(BEGIN VIDEOTAPE)

GUPTA: I've been critical of medical marijuana over the years. And I've been reporting on this for a long time and I've been pretty critical of it, written magazine articles and other things. When you look at the medical literature, there are some 20,000 papers that'll pop up on medical marijuana.

The vast majority, I've written 90 percent of them, are designed to look at harm, the problems, the perils of marijuana, and about 6 percent or so to look at the bad. That's what I found.

And that paints a pretty distorted picture. I realize now in retrospect, it took for me getting out of -- literally out of the country looking at labs and other countries doing remarkable research and also talking to a lot of patients. I mean, legitimate patients with legitimate problems. Probably too easily I dismissed them as just being malingerers trying to get high.

And when you come to find out these are legitimate patients for whom marijuana works, and nothing else did, all of the sudden, you know, the attitude starts to change because it becomes a responsibility, you know, providing actual care for people.

BLACKWELL: And you say we were systematically misled.

GUPTA: I think we have been. You know, in this country, up until 1943, marijuana was on the pharmacopeia, which is what doctors used to prescribe medicines. For the last 70 years, it has been demonized, thought of differently, made a schedule one drug which puts it in the same category as the most dangerous substances in the country.

I think, you know, there were a lot of things going on in the early '30s and '40s that may have led to that but the end answer is we haven't gotten accurate information about this. There is real science here and that needs to be injected into this conversation.

BLACKWELL: So, a lot of the documentary is about medical marijuana, but what about recreational use?

GUPTA: You know, for me, I draw a distinction between these things. I really did focus on medical marijuana. And, you know, recognizing that it's a real medicine that can do things other medicines don't. When it comes to recreational, you know, I think, look, I have kids. I think about the detrimental impact on young people's brains up until age 25 our brains are still developing. I would talk about that age range.

But overall, you know, I think that this is one of those things where it's a medicine and while there is a concern about people abusing this, the trade-off shouldn't be to deny people medical care.

I don't want my kids or other people using this, you know, and possibly harming their brains but I don't think that should mean we should withhold it as a medicine.

BLACKWELL: So after what you've learned and what a lot of doctors and professionals have learned is there any political appetite to reschedule marijuana?

GUPTA: It's a great question. It's probably the question. Because schedule one means we consider this a drug of high abuse potential and no medical applications. And those things simply aren't true. There wasn't science at that time in 1970 to say it was true and there is science now to probably say that it isn't true.

So I think rescheduling is something that really should be on the table but your question is about the appetite for that. There is an appetite among some people but probably not among the people who can actually do this to reschedule it.

I haven't heard that. We've asked those questions and I just don't think we're there yet.

BLACKWELL: All right. Dr. Sanjay Gupta, thank you.

GUPTA: Nice to see you. Thanks.

(END VIDEOTAPE)

BLACKWELL: Don't miss Sanjay's special investigation "Weed". It airs tomorrow night at 8:00 Eastern right here on CNN.

Is marijuana harmful or helpful? CNN's Dr. Sanjay Gupta cuts through the smoke on America's green rush and journeys around the world to uncover the highs and lows of weed. Again, tomorrow night 8:00 Eastern, right here on CNN.

KEILAR: Negligent and absent. That is how the ex-wife of R&B singer Usher Raymond painted the singer in court on Friday. Up next, the latest on usher's legal battles. Plus, we'll also talk about Beyonce and the reaction to her unexpected makeover. (COMMERCIAL BREAK)

KEILAR: Welcome back. It is time for entertainment news.

BLACKWELL: Indeed.

V103 Radio personality Kendra G. joins us now to discuss so many things.

Kendra, let's start with Usher and what happened in court yesterday with Tameka Foster Raymond and Usher there with the child who was caught in the drain at the bottom of the pool. Fortunately, he survived and is doing better.

KENDRA G, V103 RADIO: Right.

BLACKWELL: But Tameka tried to get custody of the child.

KENDRA G: Yes, rightfully so. I want to say this. She got a lot of flack. People said she was utilizing this moment to try to regain custody.

We cannot forget this woman buried her 11-year-old son last year due to a water incident, a jet ski incident. The judge was in Usher's favor. Usher does still have primary custody. He did state he must inform Tameka when he is not watching the kids who is watching the kids and his whereabouts and his schedule.

You know, I feel for Tameka. To get that phone call again, another one of your sons has an issue when it comes to water.

BLACKWELL: Yes.

KEILAR: You would be distraught.

KENDRA G: Yes.

KEILAR: I think we saw some of that come out when she was on the stand.

KENDRA: Yes. Well, she got on the stand and even mentioned how their younger son jumped into the pool who can't even swim to try to save his older brother. That is why she broke down and cried. And if 85 percent of the time that Usher is not with the children, if that is true, then I understand her wanting custody of her own children.

BLACKWELL: And what she said there are times she doesn't know where the house is.

KENDRA G: Exactly.

BLACKWELL: Who has a phone number or anything. You can imagine what any mother would fear.

KEILAR: Exactly. Let's talk now about Amanda Bynes. OK, so it is no secret she has been struggling with the spotlight. Now we know a court has granted her mom legal authority to take control of her daughter's well being. So honestly, I've been watching her and been very worried for her health and well being.

KENDRA G: Yes.

KEILAR: And even her life. What does this mean?

KENDRA G: I mean, it's the best decision ever. This girl, I said this before, but I'm actually happy she is crazy because it kind of explains her unexplainable behavior over the last year and a half.

I think it was very wise of the judge to give her parents control of her financial as well, too. But I think it's only for like 30 days. She is still in the psychiatric home that she's currently. But she does have mental issues I feel as though. So, I thought that was a great decision on the judge.

BLACKWELL: She needs some help and her parents will now come in and not some manager or person with financial interest.

KENDRA G: Exactly.

BLACKWELL: Let's talk about two as you called them elder action heroes.

(CROSSTALK)

KEILAR: They're classics. Oldies but goodies.

BLACKWELL: Yes.

KEILAR: Right?

BLACKWELL: Sylvester Stallone had some harsh words for Bruce Willis. So on Tuesday, Stallone took to Twitter to announce that Harrison Ford would replace Willis in the movie "The Expendables 3". And he followed that announcement up with another tweet calling Willis, "Greedy and lazy." A, quote, "sure formula for career failure."

Let me say this. Career failure. Bruce Willis is 58 years old.

KENDRA G: Tell it.

BLACKWELL: From "Moonlighting" to "Die Hard", to this series, to movie after movie after movie.

KENDRA G: Tell it, Victor.

BLACKWELL: Has he failed?

KENDRA G: Of course. I mean, you broke it down. First of all, if he doesn't want to do a movie for an extra million, he doesn't have to. He has proven himself time and again. I was so upset about that tweet. I love Bruce Willis. He can do no wrong in my picture. You are right. He is not lazy. Have you watched "Die Hard"? That is not lazy at all.

BLACKWELL: Four million, he wanted $4 million for four days' work in Bulgaria.

KENDRA G: He deserves it.

BLACKWELL: Last movie made $300 million.

KEILAR: OK. We have to move on talk about Beyonce and her hair.

KENDRA G: Oh, the hair, yes.

KEILAR: You're a fan of it.

BLACKWELL: I like the cut.

KEILAR: Cut it off. She shocked fans. She posted these photos to Instagram on Tuesday night. I mean, Instagram was blowing up over this.

KENDRA G: Yes.

KEILAR: So that long, trademark hair of hers gone. Short, chic, pixie cut. What is the reaction? I mean, we all like it.

KENDRA G: You know I like (INAUDIBLE), too, but Beyonce inspired me to put a ponytail in and I said I couldn't cut it off yet.

But I loved it. I love everything about it. First of all, it shows she can be courageous and beautiful without the long hair and don't forget (INAUDIBLE).

(CROSSTALK)

KENDRA G: She looks beautiful. I think it shuts down the rumor she has to always have weave in her hair.

BLACKWELL: Here is my question. We're running out of time. Will the choreography have as much punch without that hair?

KENDRA G: No. Of course it will not, Victor.

KEILAR: She whips the hair around.

KENDRA G: All the time. The ponytail is good enough for me. But she'll bring the hair back. Don't worry. Give it about a week or when she goes back on tour I'm quite sure the hair will be back and we'll be back to it --

BLACKWELL: Eight packs a day, not talking cigarettes.

KENDRA G: That's right. I love.

KEILAR: Kendra G, thanks so much for being with us.

KENDRA G: Thank you, guys.

BLACKWELL: All right. Next on NEW DAY, serious here, a federal judge recently ruled the state of Ohio must recognize the out of state marriage of two men although that state bans same sex marriage. So will this set a new precedent? That's next.

But, first, a preview of this week's "NEXT LIST".

(BEGIN VIDEO CLIP)

GUPTA: This week on the next list two innovators turning to the past to create a brighter future.

In Guatemala, Mayan traditions inspire Susan Heisse eco-brick, an unlikely building material transforming communities around the globe.

UNIDENTIFIED FEMALE: They are really strong.

GUPTA: Here in the United States, space age archeologist Sarah Parcak is shedding new light on ancient Egypt with the latest infrared satellite technologies.

SARAH PARCAK, SPACE AGE ARCHEOLOGIST: I can't tell you the number of times I've been walking over an archeological site and you can't see anything on the ground and you pull back hundreds of miles in space and all of a sudden you can see streets and roads and houses and even pyramids.

GUPTA: Under ground.

PARCAK: Under ground, yes.

GUPTA: We've got their stories on "THE NEXT LIST", this Saturday, 2:30 Eastern.

(COMMERCIAL BREAK)

KEILAR: Now to Ohio where a judge has ruled that the state must recognize the out-of-state marriage of two men even though same-sex marriage is banned there.

BLACKWELL: So, what does this mean for 35 other states with similar bands on same-sex marriages?

CNN's Alina Cho's reports.

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE: Let us all rejoice.

ALINA CHO, CNN CORRESPONDENT: It was a 7 1/2-minute wedding ceremony in a plane, on the tarmac, in Baltimore, Maryland, between two people deeply in love, who never even wanted to get married.

(on camera): And then one morning, you were watching TV --

WOLF BLITZER, CNN ANCHOR: Today, the justices ruled that legally married same sex couples are in fact entitled to federal benefitis.

JIM OBERGEFELL, SUED FOR SAME-SEX MARRIAGE RECOGNITION: And when the rulings came out, I just went over to John, hugged him, kissed him, and said, let's get married.

CHO (voice-over): Only for Jim Obergefell and John Arthur, there were two problems. Same-sex marriage in Ohio, where they live, is banned, and John has ALS, commonly known as Lou Gehrig's disease, that eventually leads to death.

Worried that every day could be their last together, the couple settled on Maryland as their destination wedding spot, where they could travel by medical jet, say their vows at the airport, and return immediately to their home in Cincinnati.

OBERGEFELL: Getting married, it's like nothing changed, but yet everything did.

CHO (on camera): Do you feel the same way?

JOHN ARTHUR, SUED FOR SAME-SEX MARRIAGE RECOGNITION: Absolutely. It's -- it's as if a void was filled in our lives.

CHO (voice-over): A few days after their wedding in July, John and Jim met with a civil rights attorney.

OBERGEFELL: He said, Jim, do you realize when John passes away, on his death certificate, the state of Ohio will list him as unmarried and will not enter your name as his spouse? It broke my heart and then made me really mad.

CHO: So mad the couple sued the state of Ohio and won. A federal judge issued a temporary restraining order, allowing the couple's marriage to be recognized in a state where gay marriage is banned.

No federal or state benefits would apply. That could come later, but the decision would mean the two eventually could be buried together in John's family plot.

OBERGEFELL: I feel like it's the first chink in the armor.

CHO: But their fight is far from over. In a statement to CNN, a spokesman for Ohio's attorney general said, "This is a temporary ruling at a preliminary stage, under sad circumstances". Adding that Ohio voters already decided in 2004 on a ballot initiative that gay marriage should not be recognized and are, quote, 'entitled to the choice they have made on this fundamental issue."

OBERGEFELL: It's ridiculous.

ARTHUR: There are many people who simply don't understand humanity and love is love. CHO (on camera): The temporary restraining order recognizing John and Jim's marriage here in the state of Ohio expires on August 19th. What happens after that is still an open question.

Alina Cho, CNN, Cincinnati, Ohio.

(END VIDEOTAPE)

KEILAR: Alina Cho, thank you for that story.

BLACKWELL: Next, a must-see moment caught on tape, including a guy's meltdown with his body in a stunt plane. You've got to see this.

(COMMERCIAL BREAK)

BLACKWELL: Time for the good stuff. Lots of kids mow lawns during the summer for extra money. I did it. Not for very long.

KEILAR: I didn't get paid to do it. You got paid?

BLACKWELL: It was next door, but I didn't do it very long. Not very long.

That's how this 11-year-old Dyllon Orthman from Texas is spending his summer, mowing lawns, as many lawns as he can find but not keeping a penny. Instead it's going to Moore, Oklahoma, tornado relief. Dyllon was moved to doing something after seeing the destruction firsthand from that powerful tornado in May that killed 25 people.

(BEGIN VIDEO CLIP)

DYLLON ORTHMAN, MOWED LAWNS FOR TORNADO RELIEF: At first I was actually a little depressed when we went. I almost cried when I seen the damage. Everybody can help -- little kids, big kids, and even grown-ups, just one step at a time.

(END VIDEO CLIP)

BLACKWELL: Little kids, big kids, and even grown-ups. And Dyllon mowed and mowed and mowed more, and he reached his first goal of $2,000. So, he raised that goal to $3,000, and then he hit that, too, and then the donations took him up to $16,000 for Moore. It's an amazing feat, but don't say his mom put this up to this.

(BEGIN VIDEO CLIP)

ORTHMAN: A lot of people say my mom is make me, but I decided in Moore, Oklahoma, and I worked in 104 degrees, and that didn't stop me. I'm still going on my feet. My dad always said, you are going to work to the bone, Dyllon.

(END VIDEO CLIP)

KEILAR: Oh my gush. She's like the cutest thing ever. What a good heart.

BLACKWELL: Good stuff this morning from Dyllon.

KEILAR: Definitely. So, next up, to a story out of Canada, a man walked into a Tim Horton's Coffee Shop in Edmonton and bought cups of coffee for the 500 people behind him.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: One customer coming, and then he says, oh, I want to buy 500 coffees, and I said, why? He said, "No reason."

(END VIDEO CLIP)

KEILAR: No reason. Just because, you know?

BLACKWELL: Yes.

KEILAR: And that could be the end and raise the good stuff. But, no, since those first 500 cups, the feat has been repeated by different people again and again at Tim Horton's all across Canada, catching altruisms, 500 cups purchased in Blairmore, 500 cups in Ottawa, hundreds of cups in Calgary, High River. Thousands of cups given out in all, and before you think this is just Tim Horton's doing some kind of promotion, they say no, this is just random people offering to buy coffee to strangers.

And the best part, Tim Horton's, the people getting free coffee are overwhelming taking their money and dropping it in the donation box at the registers for under privileged children.

BLACKWELL: So, it is catching altruism.

KEILAR: Paying it forward. Yes.

BLACKWELL: It is contagious. Once you see something do something good, you do want to do something.

KEILAR: It feels so good.

BLACKWELL: Absolutely.

Must see moment, and you can see before they get off the ground, this guy is not feeling this. What do you do when your friend is afraid of flying? Apparently, he curses. But you take him in your tiny two- seater, and it feels like he is not in a plane, but he knows it's there.

(LAUGHTER)

BLACKWELL: If that is not terrifying enough, you start doing some acrobatics in the air, just flipping around, some, here's the choreography, spin, spin, spin, just keep going around, and then you do some scream, scream, scream.

(BEGIN VIDEO CLIP)

(EXPLETIVE DELETED) UNIDENTIFIED MALE: Oh, my gosh.

(END VIDEO CLIP)

KEILAR: Did you see there? It's like he swallows a little. And he is like, I am not so sure about this. He really could have paid his friend back there.

BLACKWELL: And the friend, though, although I know he took him up here to make fun of him, I would be laughing my eyes out if I had a friend who was doing that the whole time.

KEILAR: So funny.

BLACKWELL: But they made it, everything is fine.

Thanks for starting your day with us.

KEILAR: The next hour of your NEW DAY starts right now.