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NEW DAY

Suspect Fired Shot; Massive Florida Sinkhole; Sinkholes Doing Major Damage; Man Dies During Braves-Phillies Game; Illinois Pipeline Explosion; Idaho Wildfires Raging; James "Whitey" Bulger Guilty; Baby Veronica Battle; Colorado Flooding; NYPD Stop and Frisk Tactics Unconstitutional; Anthony Weiner in Candid Interview

Aired August 13, 2013 - 06:00   ET

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


(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: As for my daughter, the healing process will be slow. I'm very proud of her and I love her very much.

CHRIS CUOMO, CNN ANCHOR: Time to heal. Hannah Anderson is waking up safely at home this morning. We're learning more about her terrifying ordeal. How she found out about her mother and brother?

KATE BOLDUAN, CNN ANCHOR: Caught on tape. The moment that giant sinkhole in Florida swallows part of a resort as terrified guests watch on. A hero security guard may have saved the day.

MICHAELA PEREIRA, CNN ANCHOR: And, the hot seat. Anthony Weiner in his first extensive interview since his recent scandal broke and it is heated. How he says his wife is handling it all now.

CUOMO: Your NEW DAY starts right now.

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

(END VIDEOTAPE)

CUOMO: Good morning, everybody. Welcome to NEW DAY. It's Tuesday, August 13th, 6:00 in the East. I'm Chris Cuomo.

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

PEREIRA: Good morning.

BOLDUAN: Good morning. Coming up this morning, it's the most controversial practice for America's largest police force, and now, the NYPD's stop and frisk tactic is under fire from a judge. Mayor Bloomberg says it saves lives. Critics say it amounts to racial profiling. We're going to dive into the debate this morning.

CUOMO: Also ahead, divorce is too often a blood sport these days, you know that, but murder? A former Bank of America executive now stands accused of trying to kill his wife by hiring four hit men, one of whom was his mistress. The plan, take out his wife. Now, his wife and daughter are going to join us exclusively to tell us why they both fear for their lives.

PEREIRA: Let me ask you a question, would you be willing to travel at hyper speed? A millionaire is trying to bring super fast travel to the masses. He calls it the "Hyperloop." It will take you from L.A. to San Francisco in just 30 minutes. That's just the beginning. How close is this to reality, is the question this morning.

BOLDUAN: A good conversation about that. Very, very cool.

First up, the big news out of San Diego, Hannah Anderson's father says she faces a slow healing process following her abduction. We're learning dramatic new details about Hannah's rescue and how she first learned of the deaths of her mother and brother from the FBI.

Let's get straight to Miguel Marquez in Boise, Idaho this morning. You've been following it from the beginning, Miguel. Good morning.

MIGUEL MARQUEZ, CNN CORRESPONDENT: Good morning to you. Those who know Hannah Anderson say that she is shocked by the attention that her kidnapping has garnered, that she is beginning to smile a bit. She's talking a little bit about her experience as well, but maybe most importantly, she's starting to prepare for the funeral of her mother and her 8-year-old brother.

(BEGIN VIDEOTAPE)

MARQUEZ (voice-over): More than a week after being kidnapped by a close family friend, Hannah Anderson, is waking up this morning released from her captor. The 16-year-old teen is reuniting with her father.

UNIDENTIFIED MALE: I am very proud of her and I love her very much.

MARQUEZ: Her horrible ordeal far from over. Hannah is just learning that her mother and 8-year-old brother Ethan were murdered, their bodies found in the burning home of the abductor James Lee DiMaggio east of San Diego on August 4th.

BRETT ANDERSON, HANNAH ANDERSON'S FATHER: The healing process will be slow. She has been through a tremendous, horrific ordeal.

MARQUEZ: DiMaggio is believed to have then kidnapped Hannah leading to a highly publicized amber alert, the international manhunt stretching up and down the west coast. She was found 1,000 miles from DiMaggio's home. Authorities say he had a rifle when the FBI reached this remote location in Idaho where he held Hannah under duress.

UNIDENTIFIED MALE: The only way to access it is by helicopter.

MARQUEZ: DiMaggio fired at least one shot at the FBI. Hannah is in close proximity to her captor when he was gunned down by the FBI.

BILL GORE, SAN DIEGO COUNTY SHERIFF: She is a victim in every sense of the word in this horrific crime.

MARQUEZ: The major break in the case came last Wednesday when a group of horseback riders encountered the pair, later recognizing the teen from an amber alert.

UNIDENTIFIED MALE: She had a scared look on her face when I first came up the trail.

MARQUEZ: Many details remain unclear, including DiMaggio's motive and the circumstances under which Hannah traveled with DiMaggio. Now that Hannah is back, her father says the family needs to heal and grieve.

(END VIDEOTAPE)

MARQUEZ: Now one other interesting thing that the Sheriff Bill Gore, San Diego Sheriff's Department said yesterday. This is a quote, "That she was under extreme, extreme duress." Somehow trying to squelch these rumors in her being complicit in this behavior and then the kidnapping, that's one thing that he doesn't want and the family doesn't want right now is for the victim to be victimized anymore -- Chris.

CUOMO: Absolutely strong point, Miguel. Appreciate the reporting this morning. Investigators are searching for a why a 60 foot wide sinkhole opened up and swallowed a Florida building sending dozens of guests scrambling to escape.

CNN's Martin Savidge is live in Clermont, Florida, with the latest. Good morning, Martin.

MARTIN SAVIDGE, CNN CORRESPONDENT: Good morning, Chris. Yes, we expect to get an update from officials later this morning on just how it all happened. In the meantime, for the witnesses who heard the screams and shouts, they thought it was a movie. No, it was all too real.

(BEGIN VIDEOTAPE)

SAVIDGE (voice-over): A dramatic moment caught on tape, as a condominium at the Summer Bay Resort collapsed into a sinkhole. Not long before it had been packed with vacationers. Ben Warrick of Des Moines, Iowa, started rolling at just the right time.

BEN WARRICK, WITNESS: I turned to film the guys talking to the fire department. I heard a crack and I quickly switched over and the roof came down.

SAVIDGE: For more than 100 guests here to see the land of the magic kingdom, suddenly they were gripped in terror in the middle of the night.

UNIDENTIFIED FEMALE: It was the most surreal experience. I never could imagine in my wildest dreams.

SAVIDGE: Those watching nearby couldn't believe their eyes.

UNIDENTIFIED MALE: I thought it was crazy. How is that happening?

SAVIDGE: Miraculously no one was killed, not even injured, some crediting a security guard who rushed to spread the alarm. UNIDENTIFIED FEMALE: One of the security guards run up and was evacuating people, barging into their rooms. One woman was sitting into the tub and the tub just levitated.

SAVIDGE: In Florida most sinkholes happen when the state's acidic water table eats away at the limestone rock. The resort has hired a private engineering firm to look for more possible holes. Meanwhile, Warrick is looking for a little less exciting. All this happened just hours after he arrived for a one week getaway.

WARRICK: We're fine. Power is back, got air conditioning and hopefully still going to have a great vacation.

(END VIDEOTAPE)

SAVIDGE: Again, absolutely amazing that nobody was injured in all of that. A lot of the hotel guests though had to leave everything they had behind. I was asking the manager when could they go back and his answer was fairly simple and to the point, maybe never -- Kate.

BOLDUAN: Who knows if they want to even test their fate on that one. Martin Savidge, thanks so much, Martin.

Now in the area between Tampa and Orlando sometimes called sinkhole alley, there have been four other incidents since this spring. Florida is not alone here. There has been a spate of incidents around the country.

"EARLY START" anchor, John Berman is joining us for a look at this, the video, no matter what state it's in, is always astonishing.

JOHN BERMAN, ANCHOR, CNN'S "EARLY START": The video and the sounds in some cases.

BOLDUAN: Yes.

BERMAN: You know, there are not meticulous national records for sinkholes, but in Florida there were nearly 25,000 reported over a five-year period. That's an average of nearly 17 claims a day just in Florida and as we've seen, they can be dangerous and deadly.

(BEGIN VIDEOTAPE)

BERMAN (voice-over): That's what a sinkhole sounds like swallowing the Summer Bay Resort early Monday morning. The 60 foot wide crater in Clermont, Florida, is just the latest incident in this year's string of sinkholes across the country. In July, 60-year-old Pamela Knox plummeted into a nearly 20-foot sinkhole while driving on a busy Toledo, Ohio street.

PAMELA KNOX, SURVIVED SINKHOLE COLLAPSE: As the car was falling, I kept calling on the name of Jesus. I just kept saying, Jesus, Jesus, Jesus.

BERMAN: But some have not been so lucky.

JEREMY BUSH, TRIED TO SAVE BROTHER FROM SINKHOLE: I couldn't get him out. I tried so hard. I tried everything I could.

BERMAN: In February, a sinkhole opened up underneath a suburban Tampa home killing 36-year-old Jeff Bush who was sleeping in his bedroom. This is how sinkholes are formed. A cavity slowly develops in the limestone bedrock. Over time it widens eventually breaking the surface, then the clay and sand above collapse into the hole swallowing everything in its path. Repairs can be costly.

UNIDENTIFIED MALE: I stepped right here and my foot went down in the hole.

UNIDENTIFIED FEMALE: We thought we'd live and die here. We didn't have a plan B.

BERMAN: A plan is what sinkhole inspectors say could prevent destruction.

MASON CHICKONSKI, SINKHOL INSPECTOR: Behind the stucco the block could be broken. Just another sign of sinkhole activity or at least enough for you to know to have your place tested.

(END VIDEOTAPE)

BERMAN: Yes, you see the cracks in that foundation there. Advice from inspectors, take every crack very seriously. They are indication your house could be moving or sinking. As for fixes, they can be very, very expensive. Sometimes they can pump concrete under your house or they install brackets underneath your house, essentially stilts to prop the home up, but again, very expensive, tens and tens of thousands of dollars.

BOLDUAN: And it's limestone under much of the ground in Florida that makes Florida sinkhole alley. Geez Louise, that's crazy. All right, Berman, thanks so much.

CUOMO: A little bit of a caveat, buyer beware, you know when you're coming into an area, that's one of the things that's worth the expense to be safe because if it goes wrong, it goes so wrong.

BOLDUAN: I mean, do you even want to take a chance?

CUOMO: That's exactly -- sometimes you have to spend to be safe. J.B., thank you very much.

A lot of news this morning, let's get right to Michaela Pereira.

PEREIRA: All right, good morning, everyone. Making news, an investigation underway this morning after a man fell to his death during the Braves and Phillies baseball game last night at Atlanta's Turner Field. The police say he fell about 65 feet off an upper deck into a parking lot. The incident does appear to be accidental, but they're checking to see if that victim had been drinking.

Happening right now, firefighters in Eerie, Illinois, trying to control the flames after a natural gas pipeline exploded late last night. Crews have been able to shut down the gas line, but the fire is expected to burn for some hours to come. Residents living within a mile of the explosion had to be evacuated. A shelter has been established at the Eerie Fire Department.

Hundreds of homes evacuated in Central Idaho, the Elk Complex fire scorching 141 miles of mountain terrain. Another fire, the Pony Complex, has burned through 225 square miles just a few miles to the south. Fire officials in the area concerned this morning that many homeowners in the communities of Pine and Featherville are ignoring their orders to flee.

Lawyers for Boston crime boss James "Whitey" Bulger plan to appeal his conviction for 11 murders and dozens of other mob related crimes. In all, Bulger was found guilty of 31 of 32 counts against him stemming from his time as head of the notorious Winter Hill gang in the 1970s and '80s. He was arrested in 2011 after some 16 years on the run. The 83-year-old Bulger could get life in prison when he is sentenced in November.

The biological father of Baby Veronica was out on bail in Oklahoma after he was arrested for denying an order to return the little girl to her adoptive parents. Veronica was legally adopted at birth by a couple in Charleston, South Carolina. That sparked a long, drawn out custody battle with Cherokee Nation member, Dusten Brown. He claimed custody rights under the Indian child welfare act. Brown lost, but Veronica has not been returned to her adoptive parents. We're following the story and we'll bring you more coming up later in our show.

Well, talk about a crowning achievement for a man who's been playing golf for six decades. The 81-year-old Eddie Manderville was out on the links in Minneapolis last Friday, a par 3 when he hits two holes in one, back to back nonetheless. The National Whole in One Registry, yes, there is such an organization, says the odds of shooting two holes in run are 67 million to 1.

I add for an 81-year-old, that probably increases the rarity. Congratulations to Mr. Manderville. That is very exciting. I know we have a doubting Thomas on our table, but so be it.

CUOMO: No, I'm over it. I'm a fan of fast Eddie and you know, short games, the hardest. It shows those 60 years he's playing, he's honed the hardest part of the game.

PEREIRA: You came around. I love it.

BOLDUAN: He's still rocking the course at 80 years old.

PEREIRA: A bad day golfing is still better than a good day anywhere else? Isn't that the --

CUOMO: Yes, long bumper sticker, but I like it.

BOLDUAN: A bad day golfing is better than --

PEREIRA: You have to have a really big bumper for that. Look who's back. BOLDUAN: We totally agree with you.

So let's talk about some weather, folks. More heavy rain and flooding have prompted the Colorado Governor John Hickenlooper to declare a state of emergency in El Paso County. Storms are back where one person was killed and another still missing following a weekend mudslide.

CNN meteorologist, Indra Petersons, is back keeping track of all of the weather. This is one area that does not need any more rain.

INDRA PETERSONS, AMS METEOROLOGIST: I mean, it's just is so scary. This is what always happens when you talk about heavy rain over a burn area. We had that Waldo fire there. Just about a year ago, last June, and look at, this is a four foot wall of water that came down impacting the area. Now yesterday they also had rain again. An inch of rain grew through the area. That's the concern today. Will there be more rain?

Yes, there are thunderstorms in the forecast. The only good news is they're not expected to impact the burn area. With that, we're not looking at the threat of it rushing down the canyon as we saw on Friday evening. That was all through several inches of rain per hour in the region. With that heavy rain we were talking about that threat. You can actually see the current radar right now and again, lighter showers cruising through the area.

Better forecasts ahead for them. Unfortunately that is not the case in Oklahoma. We talked about this all week last week, even through the weekend and today more heavy rain. We can see the lightning bolts, thunderstorms cruising through Oklahoma again, several more inches of rain still possible in the forecast today.

The flash flood alert there is high as well. Also looking for flooding anywhere really from the northeast as we look at a cold front starting to push through the area so with that today we're talking about anywhere from up to three inches of rain possible in the forecast to the mid-Atlantic. It's hard to believe heavy rain coming to New York today. Hope you have the umbrellas.

BOLDUAN: We will soldier through as we always do. Thank you so much, Indra.

CUOMO: Weather is bad, but it's good to have you back. Mixed blessing.

All right, a federal judge ruled New York City police stop and frisk tactics violate the constitutional rights of minorities. This was a big decision, and in the blistering opinion the judge said the policies of former racial profiling, she's called for an independent monitor to oversee changes to the police department's policy. But Mayor Michael Bloomberg is defending the practice and has already announced a plan to appeal. So this is a big issue that's moving across the country.

So let's bring in CNN legal analyst and former federal prosecutor, Sunny Hostin. It's great to have you.

SUNNY HOSTIN, CNN LEGAL ANALYST: Good morning.

CUOMO: First, let's just break down the decision. What is wrong here?

HOSTIN: Well, stop and frisk certainly isn't wrong. The Supreme Court mandated in 1968 I think that it was OK, but it has to be done in a particular way. If you are going to stop someone, you have to have what's called a reasonable suspicion to stop them. A reasonable suspicion is more than a hunch. It's more than that guy looks a little strange. It has to be what is reasonable, is there movement?

Is there crime afoot and this person meets that description? Well, this judge said the police force in New York City is doing it wrong. They're basing their stops not necessarily on a reasonable suspicion, but really on indirect racial profiling and that's unconstitutional.

COUMO: The proof that she looked at primarily, the overwhelming majority of stop and frisks are of minority people and the overwhelming number of stops do not result in arrests, that was key, right?

HOSTIN: Yes, I mean, 4.4 million stops over a span of years and 88 percent of those stops didn't lead to any arrests, didn't lead to anything. That really is, I think, just a striking statistics.

CUOMO: Goes to the reasonable basis for suspicion in the first place.

HOSTIN: No question about it.

CUOMO: Better than making bad arrests, but still not want you want out of the practice.

All right, so let's bounce some of the counter points off. The police, the mayor say, "We go to the areas where the crime is and that's where we do this. And we do it, these stops, less than the actual percentage of crime in the area so it's OK."

HOSTIN: Yes, it's not OK. I understand the Stop and Frisk. I was in law enforcement. I was a federal prosecutor. I've had some Stop and Frisk cases; they can be very effective, but you can't trounce on someone's constitutional rights. You can't stop someone merely because they were black or Latino. And that seems to be what the practice was.

I mean, this judge looked at evidence over a nine-week trial, heard from experts in stats, heard from experts in racial profiling. I think her decision, which I have in front of me, is about 198 pages, certainly it's really well reasoned, well researched. It seems to me when you look at the facts in this case, just the uncontroverted facts, there seems to have been an illegal racial profiling as part of the basis of a stop. And you can't trounce the Constitution because you think it's an effective law enforcement.

CUOMO: Mayor says crime is down because of this practice, among other things.

HOSTIN: I don't know that that's true. I mean, crime is down -- I'm a native New Yorker -- in New York. For years it's been consistently going down. And when you have 88 percent of the stops not leading to any arrests, I don't know how then you make the connection that the Stop and Frisk policies equal lower crime. It just doesn't really make any sense.

CUOMO: The outside the law criticism of this decision was this is the PC police. That's what this is. This is the police versus the PC police. You don't like the reality that minorities are committing most of the crime and this is a way of avoiding that rather than dealing with what the simple but ugly truth is. Fair point?

HOSTIN: I don't think that's a fair point. Certainly there are whites that are also committing crimes. And I've got to tell you, if this were happening on the Upper East Side of Manhattan, which is predominantly white, this wouldn't be happening. Certainly I think that even if crime is being committed in African-American communities, you can't target an entire population because of a few, and that seems to be what was happening here.

CUOMO: Right. And those who like the decision said, you know, the cops should be happy because what we're telling you is if you want to police the places where the crime is, make arrests.

HOSTIN: Right, make arrests and on a constitutional basis.

CUOMO: Sunny, thank you. This is complicated. It's good to make it so that people understand a little better.

HOSTIN: It's a little wonky.

CUOMO: Yes, because now we'll get into the debate but at now at least theyl understand what the law was. Appreciate it, Sunny.

BOLDUAN: All right, coming up next on NEW DAY, Anthony Weiner revealed, not in online photos but in a candid new interview. And he may have just leaked a bombshell on Hillary Clinton's political plans. At least, that's what people are reading into it.

CUOMO: Imagine this. You walk into the drug store, you want to buy your nail polish remover, just like I do every week. And the clerk says, "I need to see your I.D." It's happening at CVS. Why? Why nail polish remover? Key word, acetone. We'll tell you when we come back.

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BOLDUAN: Welcome back to NEW DAY. New York mayoral candidate Anthony Weiner is opening up for his most extensive interview since new sexting allegations and revelations rocked his campaign last month. Weiner is facing some of his worst poll numbers yet. It remains to be seen if this sit-down with Buzzfeed will help or hurt him.

Here's CNN's Jim Acosta. (BEGIN VIDEOTAPE)

JIM ACOSTA, CNN NATIONAL POLITICAL CORRESPONDENT (voice-over): As he sat down for a Buzzfeed Brews interview, Anthony Weiner passed on having a beer in what was perhaps the easiest question of the evening.

UNIDENTIFIED MALE: Are you back in therapy?

ANTHONY WEINER, NYC MAYORAL CANDIDATE: I -- you know, apparently you never go out of therapy.

ACOSTA: For nearly only 40 minutes that can only be described as quintessential Weiner, the embattled candidate for New York City mayor veered from one uncomfortable subject to the next.

WEINER: I feel that what I've done has hurt her, yes. It's hurt her professionally. It's hurt her personally.

ACOSTA: From his marriage to Hillary Clinton aide, Huba Abedin.

UNIDENTIFIED MALE: Is Huma still working on the campaign?

WEINER: She's helping out every day.

UNIDENTIFIED MALE: Is -- do you know what her role in Hillary's 2016 campaign is going to be?

WEINER: I do.

UNIDENTIFIED MALE: What will it be?

WEINER: I'm not telling you.

ACOSTA: To the latest revelations that he continued sexting other women well after leaving Congress.

WEINER: I did these things. No one did this to me. I did this to me. I made these mistakes.

ACOSTA: But his campaign for mayor has been more than a personal train wreck. Weiner's had a few political ones as well.

UNIDENTIFIED MALE: Had I conducted myself in the manner in which you conducted yours, my job would have been gone.

WEINER: In the privacy of your home?

ACOSTA: No shocker that a recent poll found 80 percent of New Yorkers have an unfavorable view of Weiner.

UNIDENTIFIED MALE: So are you on the way back up? Or are we bottomed out?

WEINER: (INAUDIBLE) I hope so.

ACOSTA: Numbers that were likely not helped when he dropped an F-bomb near the end of his interview.

WEINER: I said to Mike Bloomberg, you know, the first thing I was going to do as mayor was hold a press conference -- this is the Internet right? -- tearing out your (EXPLETIVE DELETED) bike lanes.

ACOSTA: The question for Weiner is whether he can stay in his own lanes between now and Election Day.

Jim Acosta, CNN, Washington.

(END VIDEOTAPE)

BOLDUAN: It keeps getting more and more interesting.

CUOMO: It's bad.

BOLDUAN: Exactly right.

CUOMO: Coming up on NEW DAY, Hillary Clinton back in the political limelight making a sweeping policy speech. You know what we're going to ask? A sign of things to come? What do you think? John King has your political gut check.

BOLDUAN: Reading the tea lives. Also coming up, a former Bank of America executive charged with plotting to have his wife killed. He's behind bars and she's appearing live on NEW DAY exclusively to talk about the ordeal next hour.

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