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Anderson: "It's Healing Time"; Sinkhole at Central Florida Resort; NSA Leaker's Father Speaks; Outrage over San Diego Mayor's Behavior; Retailers Tracking Returns

Aired August 12, 2013 - 08:00   ET




UNIDENTIFIED FEMALE: There couldn't have been any better news. We're excited to have our granddaughter home.


CHRIS CUOMO, CNN ANCHOR: Reunited, Hannah Anderson rescued, back with her father, new details inside the nationwide search that led to that rescue. The witnesses who saved the day and what her dad says now.

KATE BOLDUAN, CNN ANCHOR: Outrage in San Diego, the mayor now out of rehab early and back in office. Residents trying everything to get him out as he fights off accusations from 14 women that he harassed them.

MICHAELA PEREIRA, CNN ANCHOR: Somebody's tracking you, major retailers now tracking what and how much you return to their stores. Does your favorite store have a return profile on you?

CUOMO: Your NEW DAY continues right now.


UNIDENTIFIED MALE: You did what you and now you want to stay as mayor?

UNIDENTIFIED FEMALE: It was nothing, looked in the refrigerator, nothing. At that point, I told my staff, I said we need to evacuate.


BOLDUAN: Good morning and welcome back to NEW DAY, everyone. It is Monday, August 12th. It's 8:00 in the east. I'm Kate Bolduan.

CUOMO: I agree with all of that. I am Chris Cuomo. We're here with news anchor, Michaela Pereira. Coming up this hour, 16-year-old Hannah Anderson, guess what, she is back with her father after a dramatic rescue. Her alleged captor, James DiMaggio dead. Hannah was rescued after a group of horseback riders spotted them on a trail and felt something was out of place. You'll hear from them straight ahead.

BOLDUAN: Plus while you were sleeping, a 60-foot wide sinkhole began devouring a floor in a resort near Disney World. The building looks like it's cracking in half. We're going to bring you the stunning pictures and behind it, ahead.

PEREIRA: And a story that we have been tracking here on NEW DAY, a young man jailed for months and facing terrorism charges over an online post. He says he was merely joking about shooting up a school, but authorities, they think otherwise. We'll bring you the very latest on the case.

BOLDUAN: The latest on that case.

But, first up, to another case we have been watching very closely, the family of 16-year-old Hannah Anderson eagerly awaiting her return home to southern California. She's now reunited with her father after being rescued in Idaho wilderness over the weekend. Hannah and her alleged kidnapper James DiMaggio were spotted over the weekend by some locals on horseback who had a gut feeling they didn't belong there, something just was not right now.

CNN's Miguel Marquez is live in Donnelly, Idaho, with the latest. Good morning, Miguel.


This story has so many twists and turns, the important bit right now is that Hannah is doing fine physically. She'll have a long recovery from this. Otherwise, we're learning a lot more about the days and hours of this terrible story.


MARQUEZ (voice-over): This morning, 16-year-old Hannah Anderson recuperating from a hellish experience. She's secluded in a government facility, her father now with her, an FBI victim specialist helping her cope with the devastating loss of her mother, Christina, her brother Ethan, and a terrifying run with her captor, James DiMaggio.

The mystery started unraveling on Wednesday when two couples riding horses in the back country here had unusual encounter with Anderson and her suspected abductor providing critical tip to authorities.

MARK JOHN, SPOTTED ANDERSON IN IDAHO: They showed up at the lake and they were just like a square peg going into a round hole. They didn't fit. He might have been an outdoorsman in California, but he was not an outdoorsman in Idaho and he didn't fit.

MARQUEZ: That tip led hundreds of law enforcement agents on a days long search of more than 300 square miles of some of the toughest terrain in Idaho.

UNIDENTIFIED FEMALE: This is a homicide suspect that was in a very rugged area and we had a 16-year-old girl who we wanted to bring home safely.

MARQUEZ: And then another clue, DiMaggio's blue Nissan Versa was found with no sign of DiMaggio or Anderson.

UNIDENTIFIED MALE: The campsite was spotted from the air and then the ground units were sent into that area which eventually led to the confrontation.

MARQUEZ: But the steep terrain forced helicopters to drop hostage rescue teams hours away from the suspected campsite as they quietly moved in on DiMaggio and Anderson. They waited until the two separated and then --

UNIDENTIFIED FEMALE: Agents moved in to rescue Hannah. The suspect is deceased.

MARQUEZ: The 40-year-old was killed when confronted. It is not clear what Hannah saw of his end.

UNIDENTIFIED FEMALE: Less than 36 hours she's home and she's safe. Hannah is safe.

MARQUEZ: As good an ending as possible for a horrific story.


MARQUEZ: And there are tough days ahead for 16-year-old Hannah Anderson. The first order of business will be to attend the funeral of her mother and her 8-year-old brother Ethan -- Chris.

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

Now, earlier on NEW DAY, we spoke to those horse back riders who spotted James DiMaggio and Hannah in the back country. They told us the list of the apparently small things that made them take a second look.


UNIDENTIFIED MALE: We came upon this young girl and this older man and they just really didn't fit very well. The expressions on their face, their demeanor, just didn't fit that country. They was out of place completely. They weren't dressed for the country or the area.

And then as we rode further on, we encountered the tent they had set up which was totally out of place. It was way up on a mountain and looked like it would make a real good lightning rod.

CUOMO: One of the ladies felt there was something about Hannah. Ladies, will you speak to that? Who was it that felt that they wanted to reach out and speak to Hannah, they were sensing something, what was it?

UNIDENTIFIED FEMALE: That was me, they followed us from the top of the ridge, we rode down into the lake and they followed us on foot. And she was sitting there and I just felt like I should go over there and kind of just see if she needed help. I did want to make kind of contact with her. And in retrospect I'm glad I didn't, because that could have turned out terribly wrong for all of us.

CUOMO: So, the four of you continued on your way, but it didn't go out of your mind. You get back home, you turn on the news --


CUOMO: -- you hear about the Amber Alert, what do you do?

UNIDENTIFIED MALE: The minute I seen the Amber Alert on television, I immediately pointed to my wife, I said that is the girl that we seen up on that mountain. And so we contacted the other couple that was with us and asked them to turn the TV on and confirm it. And as soon as we conversed over that, then I contacted the Idaho state police and we got the ball rolling.

UNIDENTIFIED FEMALE: One thing that's come out of this is how important the Amber Alert is, that people need to be aware and observant. Otherwise, we would have missed turning in that information.

CUOMO: What also --

UNIDENTIFIED FEMALE: It is better -- it is better to make a phone call and be wrong about the situation than not make it at all.


BOLDUAN: It's amazing, all along they said it was going to take the public to help them in this multistate manhunt. And it was the small little things that they saw that really tipped them off.

CUOMO: It's really great how they -- you know, they just came back, they talked amongst themselves, they heard about the news and they did it. That's what we had to more and more on this country and keep people safe.

BOLDUAN: Yes, that's absolutely right.

Well, let's talk more about how this all really went down and let's have a conversation with Steve Moore, a former FBI agent who specialized in investigation and prosecution of violent crimes, joining us from Los Angeles.

Steve, thanks so much for coming on. Glad we're talking about these circumstances and how this ended, I'll tell you.

I want to ask you about that critical tip from the horseback riders we just heard from. They said, you know what, it just looked like a square peg in a round hole. They had new hiking gear, very little gear, they didn't exchange the pleasantries typical that you would have when you come upon someone in the wilderness.

All of these things, they seemed kind of benign, not anything that snuck out to them, any one thing, but what would authorities have done with that information when they had gotten that call?

STEVE MOORE, FORMER FBI AGENT: It's like triage, when somebody walks into an emergency room, you have to look at the totality of the situation and find out what you're dealing with. One of those gentlemen from what I have read was a former deputy sheriff or a law enforcement person and he saw the totality of this. It wasn't just one thing, it wasn't just new equipment, it was new equipment combined with the way they acted. I think she might have even been in pajamas which is a kicker.

So, I think he did a phenomenal job of just saying something's wrong here.

BOLDUAN: Let's talk about how this all really went down then, the searchers, they spotted them from the air and then they dropped teams 2 1/2 hours from the location where they were. Talk to me about the strategy that you would know how the FBI would handle coordinating all of this. What kind of strategy were they employing here?

MOORE: This is something we train to do in SWAT. You would not want to be dropped right on the campsite because the hostage taker could harm or at least get to the victim before you could do anything about it. Two hours away is probably their desired distance, because it's going to take them a while to infiltrate the area of the campsite covertly.

I would guess that the first time that the hostage taker knew that the FBI was there was when he was told to put his hands up.

BOLDUAN: And then the final confrontation and how it ended, James DiMaggio was killed obviously and that's under investigation, we don't know a lot of those specific details. We are told that they waited to move in until DiMaggio and Hannah, they were no longer near each other. What does that tell you?

MOORE: That tells me they were following standard procedure for a hostage rescue. You wait until there is distance between the two and then you act. It makes no sense to it otherwise. And what you do then -- I mean, your first goal is to bring her home. Your second goal is to arrest him alive.

The first one has to take precedence. And if you stand up and say, FBI, stop what you're doing, put your hands up and he declines your offer, then you have to do whatever you can do to ensure her safety. And if he starts towards her or pulls a gun, those are two things that he has decided he's not going to be taken alive. That's not even in the agent's purview, he made that decision.

BOLDUAN: I want to get your take on this very strange detail, even more bizarre adding to this case that we're learning this morning. The fact that DiMaggio's own father was caught up in a nearly identical criminal situation years ago. Does that tell you anything about the profile of the criminal? Or is this just a horrific coincidence?

MOORE: No, it's not a horrific coincidence, you're right. This is what I've been saying from the beginning. His neighbors, and the Andersons didn't know he had this background is my guess, but other people did. People who have this kind of violent tendency, people who have this kind of propensity have a thing -- they give it away, it's called leakage and people see it.

There's a history there and I don't know how much you can predict behavior based on his past, but it was there to be seen.

BOLDUAN: Yes, you may not want to believe it if it's someone who is your neighbor or your friend, but you may have that question in your mind. But now we're aware, we are.

MOORE: Exactly.

BOLDUAN: All right. Steve, thank you so much. It's great to speak with you and great to get your perspective on how this all went down, really an amazing feat of search and rescue and recovery.

MOORE: Thank you, Kate.

CUOMO: We're just learning details, too, that just makes it so amazing.

BOLDUAN: Amazing.

CUOMO: You know, now we understand why a guy who was so beloved could do something so horrific, we know something about him. What we still don't know, imagine being part of that FBI takedown, moving for hours in tough terrain, surrounding this guy without ever knowing. It's amazing the work that they did.

BOLDUAN: You do -- you do love to hear that, you know, when you're in a time in need, if you're ever in need, that there are these highly trained individuals who can still pull it off. It's amazing to me.

CUOMO: This was a good one, this was a good one.

Lot of other news as well this morning. Let's get to Mickey.

PEREIRA: All right. Good morning, guys, good morning.

We're watching a situation in Central Florida where a resort there has a 60-foot wide skinning hole some 50 feet deep, some incredible pictures coming out of the area. Already causing a partial collapse of that building there at the summer bay resort about 30 miles north of Orlando.


UNIDENTIFIED FEMALE: It's a most surreal experience, I never could have imagined in my wildest dreams.

PEREIRA (voice-over): A huge square overnight at this Florida resort, just 10 minutes from Disneyworld, while visitors were relaxing, a giant 60-foot sink hole suddenly opened beneath them. UNIDENTIFIED FEMALE: One woman was sitting in the tub and the tub just levitated and that's when she just grabbed a pair of shorts and came out with something.

PEREIRA: The sinkhole nearly devoured one three-story building and continues to sink another. It happened early this morning, 35 guests at the Summer Bay Resort were rushed out of the building to safety.

UNIDENTIFIED MALE: They were going by and searching for people in the rooms.

PEREIRA: The sinkhole left a 15-foot deep crater in the ground. Witnesses say they heard loud noises and windows cracking.

UNIDENTIFIED FEMALE: When the fire trucks and ambulances came, one person had to break out of a window because the door had collapsed. And it was him and his wife and an infant, he had to break the just so that they could escape.

PEREIRA: All guests were evacuated safely and no one was hurt, though the incident certainly did put a damper on many vacations.

UNIDENTIFIED FEMALE: We just got here and, you know, don't want the kid to see us with a sad face, they came to see Mickey, you know. I'm going to do my best to make it happen for them regardless of the material things we lost.


PEREIRA: That sink hole in February swallowed a Tampa man who was in his bedroom, that man's body was never found.

Most U.S. diplomatic facilities across the Mideast to North Africa now open for business, once again after being shut down, following concerns of a possible al Qaeda attack. Nineteen embassies were shut down after al Qaeda messages about an attack were intercepted by U.S. intelligence. The U.S. embassy meanwhile in Yemen remains closed as does the U.S. consulate in Lahore, Pakistan. That was close, though, due to an unrelated threat.

The California assembly is expected to vote on a bill that would allow sperm donor to sue for parental rights. It's inspired by actor Jason Patric's efforts to obtain custody of his son Gus to a former girlfriend through in vitro fertilization. California law says that a man is not a parent if he donates sperm to a woman, other than his wife, unless there is a separate agreement. Patric appeared on NEW DAY last month talking about his crusade.


JASON PATRIC, ACTOR: I intend to parent this child. The world parent means to beget, birth, nourish or raise a child. So, I'm signing Jason Patric intends to parent, and Danielle Shriver intended to parent next to me, not only are we the parents, but she's in effect confirming that she wants to raise this child with me.


PEREIRA: The bill under consideration would allow a sperm donor to establish paternity if he receives the child into his home and openly holds out the child has his natural offspring.

Jellyfish on the attack. More than 200 swimmers stung this weekend at beaches along the Atlantic Coast in Central Florida. It appears the wind currents pushed those jelly fish closer to the shoreline. They're expected to remain a bit of nuisance to swimmer until currents drag them once again back out to sea.

All right. Last hour, we have puppies and dogs. Now, a big cat. That is gigantic cat. It 31-pound cat from Nashville. Well, it's all relative. Now, under a doctor's order to lose weight. Buddha was rescued from a shelter after his last owner gave him up. The vet believes that Buddha's previous owner might have been feeding the cat people food.

His new owner agrees. They say that Buddha went crazy when they were have pasta for lunch and Buddha tried to nudge in to the table and say, hey, I want a serving of that. A 31 pounds. Buddha is twice the weight of an average healthy cat. That cat is not going to be happy about going on a diet either.

BOLDUAN: No one is happy --


PEREIRA: Nobody is, let's be honest.



CUOMO: Get him a bag ball of yarn.

PEREIRA: Chasing around.


CUOMO: Nice thing about those -- the cats and dogs, they can lose weight quickly. You have to, you got to extend its life.

PEREIRA: Yes. Absolutely. Otherwise, that's going to be a short life for that kitty.

CUOMO: Yes. Although my mom is going to shake her head in disgust, you know? Food does not always equal love. You know, you can love your cat or your dog, not overfeed it.


CUOMO: My mom is home right now. She's like, what?



BOLDUAN: All right. Let's talk about the weather, shall we?

Devastating flooding and mudslides in Colorado after an inch and a half of rain fell there Friday night in just 30 minutes. An inch and a half in 30 minutes. Take a look. A woman last seen clinging to a tree in a rising creek west of Colorado Springs. She is still missing this morning. Just look at that video.

Another man was killed by floodwaters in a Colorado resort town. Floodwaters swept one home away and caused extensive damage to several others. Our Jennifer Delgado is live from the CNN Center with more on this. So, how are the conditions there now, Jennifer?

JENNIFER DELGADO, AMS METEOROLOGIST: Hi, Kate. Well, the conditions now are fairly quiet, but as we go through today, I want to point out to you, we're still going to see a chance for more storms to pop-up. So, heavy rainfall could be in the forecast today. It's still all that monsoon moisture out there to work with.

Now, we move across parts of the east, and rain just moved out in New York, but guess what, we have another batch that's going to be coming in in about the next two hours across New York City and heavier rainfall as well as some lightning and stronger storms. You can see parts of the Midwest, you can see for Kansas City, for Detroit, moving out of Chicago.

It is going to be wet there. Some of these locations we're talking some very heavy rainfall over the next couple of days, but there is a change in the air, and it's all courtesy of a cold front. And this frontal system is going to be bringing a taste of fall like temperatures. Look at these numbers here for Minneapolis as well as Chicago.

Your temperature is going to be about 10 degrees below average for this time of the year. For Tuesday, you're really going to start to feel that change as that front pushes through and even for areas like St. Louis as well as national (ph), your temperatures are going to drop down a bit as well. So, it's not all bad out there, but we will certainly need to make sure people are safe and aware of the potential for flooding out there. Back to you, two.

CUOMO: Appreciate the information.

Moving on now, Edward Snowden's father is promising this morning to bring the NSA leaker home or is he? Why the doubt? Because he questions whether his son can get a fair trial in the U.S. and he says President Obama and other high level officials are to blame.

CNN's Dan Lothian is with the president who's on vacation in Martha's Vineyard but only kind of, right, Dan?

DAN LOTHIAN, CNN WHITE HOUSE CORRESPONDENT: That's right, Chris. For the president, it is always a working vacation. He can't escape the Snowden case. The NSA leaker's father delivering that harsh rebuke while at the same time strongly defending his son and insisting that the truth will shine through.


LOTHIAN (voice-over): President Obama in vacation mode on a Martha's Vineyard golf course, showing a bit of frustration after missing a putt. While NSA leaker, Edward Snowden's, father appeared on a Sunday morning talk show, taking aim at the president and a Republican congressman who's labeled his son a traitor.

LON SNOWDEN, FATHER OF NSA LEAKER: My son has spoken the truth. He's sacrificed more than either the president of the United States or Peter King have ever in the political careers or their American lives.

LOTHIAN: Lon Snowden was reacting to the president's pre-vacation news conference where he dismissed the notion that the younger Snowden's actions served a greater good.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: No, I don't think Mr. Snowden was a patriot. The fact is that Mr. Snowden has been charged with three felonies.

LOTHIAN: Now, Snowden's father says he and his attorney will be traveling to Russia very soon to help his son fight those charges.

UNIDENTIFIED MALE: We have visas. We have a date which we won't disclose right now because of the frenzy.

LOTHIAN: It's that frenzy, an outspoken criticism by U.S. officials, that Lon Snowden claims will make it difficult for his son to get a fair hearing if he returns to the U.S.

SNOWDEN: I want my son to come home if I believe that the justice system that we should be afforded as Americans is going to be applied correctly.


LOTHIAN (on-camera): Now, Snowden says that the comments by lawmakers have been absolutely irresponsible and inconsistent with the U.S. justice system. He believes that these comments have poisoned the well and will make it very difficult for his son to get an impartial jury if he stands trials in this country. The White House, by the way, no comment on those remarks. Back to you.

BOLDUAN: All right. Dan Lothian in Martha's Vineyard for us. Thanks so much, Dan.

Coming up next on NEW DAY, the embattled mayor of San Diego, 14 women have now accused Bob Filner of inappropriate behavior and he's now checking out of his program (ph) earlier than expected.

CUOMO: And we all do it at one time or another, return things we bought at a store. And then we bring them back, but did you know you're being tracked every time you do it? Not me, I don't return things. I got awesome birthday presents from Mickey and Kate.

PEREIRA: And you kept them both?

CUOMO: I kept them all. And my wife gave me beautiful --

PEREIRA: Let's see that.

CUOMO: Very nice. Very nice, pictures of my kids. Mario on the right. Although, I have three kids.


CUOMO: I'm going to put it on my nose.


CUOMO: That's my tattoo of my kids -- chest.

PEREIRA: That's a really beautiful gift.


CUOMO: That was a tough call.

BOLDUAN: We'll be right back.


CUOMO: Welcome back to NEW DAY, everybody. Growing outrage this morning over San Diego mayor Bob Filner. He's been accused of sexual harassment by 14 separate women. And this weekend, he suddenly left the rehab that was designed to fix his alleged behavior. Filner's lawyer says, however, he completed the two-week treatment because he started a week earlier than he said he would.

Regardless, Filner did not head back to the mayor's office and the question from his San Diego residents is whether he should return at all. Here is CNNs Kyung Lah.


KYUNG LAH, CNN CORRESPONDENT (voice-over): This morning in San Diego, Mayor Bob Filner is believed to be back in the city he governs after checking out of rehab a week before he publicly said he would finish.

GARY SEHNENT, SAN DIEGO RESIDENT: It's kind of people shaking their heads and saying, you know, it's ridiculous. Why is it continuing?

LAH: Filner's residents overwhelmingly want him to stay away.

WILLIAM SAWAYA, SAN DIEGO RESIDENT: Really mayor? You did what you did and now you want to stay as mayor? (EXPLETIVE DELETED) You're not staying as mayor.

LAH: Voters aren't the only one. U.S. senator and fellow Democrat, Barbara Boxer, writing an open letter to Filner said "you must resign." She adds "The latest revelations regarding women recovering from sexual assault have shaken me to my core." The senator is talking about CNN's exclusive interview with these two women, both former military and rape survivors, who say they were then harassed by Bob Filner at a support meeting. Filner, the former chairman of the House Veteran's Affairs Committee was invited into their women's veterans group seen as a champion of their cause.

ELDONNA LEWS FERNANDEZ, (RET) MSGT, USAF: We're all victims of military sexual assault, and it appears to me that he was targeting this organization and hitting on the women in this organization because they were easy prey.

LAH: The city attorney's office, the sheriff's department, and the California attorney general's office all working on investigating the mayor. Filner's chief of staff reportedly changed the locks on the mayor's office to preserve what she calls potential evidence. The mayor remains on personal leave amid the growing chorus for him to resign.

Kyung Lah, CNN, San Diego.


CUOMO: You have to keep in mind here, it would be difficult for Mr. Filner to be taken out of office. It requires a recall vote. It's time and expense. That's why there are calls for him to resign by those who say he should no longer be in office, but let's see what happens there, Mick.

PEREIRA: We sure will. All right. Well, it's not just the government that might be keeping an eye on you, the Associated Press reporting this morning that many retailers are tracking you, too, or at least your merchandise returns. Christine Romans joins us now with some details. This is a very interesting notion. Why on earth would they be doing this and what exactly are they collecting?

CHRISTINE ROMANS, CNN BUSINESS CORRESPONDENT: Well, have you ever noticed when you return something to one of the big retailers, that they want to look at I.D. You have to have an I.D., especially if you don't have a receipt. What they're doing is they're taking that information. They're sending it to a third party who's then using it in a big database to try to figure out if these are repeat offenders.

People who do something called wardrobing where they do an awful lot of purchases of high dollar items and return them quickly. Also, there are big gangs of thieves who go out and steal things and then sell them either online or they return them to different stores. Look, they're trying to cut down on waste, fraud and abuse. They say there's one percent of customers who do this kind of stuff. They're going to look at all returns to make sure they're looking for these patterns.

BOLDUAN: Now, is it just to fight against criminal activity? What kind of specific information are they looking for and are they storing it?

ROMANS: They are storing it. They are storing it in a third party stores and these are consumer groups are like, look, this is a big secret database. They're tracking you and your returns. Look, you know, they say yes, because we're trying to find the bad guys so that these companies can have pretty open return policies. This is what they're looking for, the frequency of returns, the dollar amounts of returns, receipts and your purchase history.

This is all according to the group, the Retail Equation, which is in California, this is one of these groups that looks at all of these returns and tries to find out if there are patterns. So, what you'll see often on the back of a receipt like Best Buy, for example, on the back of its receipt that they get, it very clearly says, look, if you have the receipt, we will return something, unless, we decide you can't return it because you are a chronic abuser of our --


CUOMO: Question to the table, do you believe that this is worth them having this snoopability on you and taking information and storing it, this one percent of the one percent of people who are --


BOLDUAN: You're making the choice to shop in their stores.


ROMANS: And nine percent of merchandise is returned. Something like nine or 10 percent of all merchandise is returned.

CUOMO: -- store information and give it to a third party?

ROMANS: Chris, they know everything about us.

CUOMO: I know.

ROMANS: Well, that's a one thing. I once did a story about how your information is stored in something like 5,000 different locations. Your Social Security Number, your credit cards, your driver's license number. You know, I mean, so we're obviously giving this information so freely. And they make money.

Retailers and the people who consult for retailers and every kind of business make so much money analyzing that information to see our spending patterns, to see what we're doing, to try to help us to spend money, to spend more money --


PEREIRA: -- what should be on the shelves, what should be on the --

ROMANS: They say it helps us every time they get a bad guy, it helps us.

PEREIRA: I just don't return things. I'm too lazy so I just re-gift. I do.


CUOMO: And I want to thank you for this very fetching nightgown.



PEREIRA: Christine, thank you so much.

BOLDUAN: Coming up next on NEW DAY, an update on the Texas teen. We've been following his case very carefully. He spent months in jail for allegedly posting a terroristic threat on Facebook. He says it was a joke. Well, today, he's going to try to get the charge against him dropped. A critical day for this boy's case.

CUOMO: All right. Then, we have an oldie but a goodie. See Nick Beef down there, it's a mystery that stumped conspiracy theorist for years. Who wanted a burial plot next to JFK assassin, Lee Harvey Oswald? We finally know the answer and you're going to meet the man known as Nick Beef. Straight ahead.