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NEW DAY

Health Crisis On Syria's Borders; Refugees Flee Syria; The Handshake; Accused Murderer Defends Incident; Florida Stand Your Ground Law; Patz Stars In James Dean Biopic; Sofia Vergara's Number One; Angelina Jolie Honored; Dave Chappelle's Choice Comments About Audience

Aired September 6, 2013 - 07:30   ET

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


DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Now, if the people come in as part of -- as a refugee, if they are sick, if they are in bad shape, the patients have had amputations here, gunshot wounds then they end up in a place like this -- Kate.

KATE BOLDUAN, CNN ANCHOR: I mean amputation, gunshot wounds, these are serious injuries that need serious medical attention. Are they getting that critical care in this area that they obvious need?

GUPTA: It's challenging to be fair. You know, one is the challenge of finding the structures. In this case you had an area, a small town that's sympathetic, if you will to people of the Syrian revolution. That's how they described it to me, but you also have some supplies coming in.

I've been speaking to the doctors here and they say they're quite nervous about the fact that they are sort of getting close to capacity now and they don't have enough supply, enough manpower, enough space if more injured people come over the border. So the other part of the story is they're concerned about their own safety.

They're in Lebanon. They are in an area that sympathetic to people of the Syrian revolution, but they don't want us showing the outside of this building, for example, because they are concerned they themselves could become part of the attack. They could be attacked themselves and need the care that they're trying to provide. So it's challenging to be sure -- Kate.

BOLDUAN: All right, Sanjay, thank you so much for bringing that report. Be safe yourself. It clearly is the untold story of this two years' long civil war at this point. Sanjay Gupta, thank you so much.

I was just looking, Chris, the number of displaced Syrians now equal, almost equal to one-third of the country's population, if you can even put it in perspective of what that means for these people fleeing the country.

CUOMO: Many believed it will only get worse. It's an important reminder of what started this dialogue that now has become really just a national preoccupation in the United States and a dialogue around the world. Now, the other part of this, there's humanity and there's the politics so we're going to talk about a moment lasted all of seven seconds, but each one will be scrutinized greatly. At issue the handshake between Barack Obama and Vladimir Putin, face to face at the G20 Summit. We're going to have a body language expert who tells us who got the upper hand.

(BEGIN VIDEOTAPE)

TONYA REIMAN, BODY LANGUAGE EXPERT: As Obama gets out of the car, he leads with a handshake and he does this two to three seconds before he's in handshake position, the person who extends a hand first is usually seen as the power person. As he gets closer to Putin, he also leans in and this is also a power play. He leans in and leans forward. This is a dominant move because he's much taller so what he's doing is getting into Putin's personal zone and somewhat intimidating him, but he's also very charismatic.

So when he is doing this. This is a general baseline for him. We know Obama does this constantly. He tries to get people to like him so he wants to build rapport. Putin pulls back. When you see somebody pulling back, what you recognize is they're submissive. Once the handshake is over what you notice is that Obama then tilts his body and Putin tilts his body and they are completely out of sync so you recognize there's no rapport there.

He walks away and as he walks away Putin looks down once again a submissive gesture. So here you recognize there is an enormous amount of tension between these two. If we look back at their meeting in June, you see a really big difference. Why, because at that point both of them showed so much tension and so much outward frustration that not only were they leaning away from each other, their bodies were angled away from each other.

But they weren't even holding eye contact. You could tell that these two don't care for one another and they're not afraid to show it. So if we take the June meeting and we compare it to this meeting, what have we learned? Do they like each other better, absolutely not? The difference is the two of them have learned to have a better poker face.

(END VIDEOTAPE)

CUOMO: Body language expert Tonya Reiman did that for us. I can tell you. You dismiss it out of hand. Many would, but no pun intended with the handshake, but I'll tell you what. I'll take any insight into the situation I can get right now because this relationship is fundamental and this situation isn't going forward.

BOLDUAN: I think what Tonya is saying and what we're seeing is that their body language is matching what we're hearing publicly is that they're clearly frustrated. We know that the relationship is frozen. We know that those two men have said things in public and probably in private that makes the relationship not any better.

CUOMO: Very often it's not what you say it's how you act, right? And I think it's pretty fascinating.

BOLDUAN: That's where the line is correct, actions speak louder than words.

CUOMO: My body language leaning in, sympathetic, yours stiff, leaning away and short.

BOLDUAN: Coming up next on NEW DAY, listen to this video. You hear that, that's a Florida man shooting and killing two of his neighbors if you can believe it. Police say it was an ambush, but his lawyer is "stand your ground" law to try to defend him. We're going to talk about this with CNN's newest legal analyst, Mark O'Mara, who knows that law well.

CUOMO: Some extraordinary Texas teens who knew there was something wrong when they saw a woman stopped in traffic? Why? You'll find out and trust their guts and what they do next is getting them called heroes this morning. We'll tell you the whole story.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY. We begin with new controversy over Florida's "stand your ground law." A man is accused of killing two people and wounding a third at a Labor Day barbecue. Police call it an ambush. His lawyers say "stand your ground" and the Bush doctrine are on his side. What's going on?

CNN's Pamela Brown is joining us now for more on this.

PAMELA BROWN, CNN CORRESPONDENT: It's a little bit shocking for some people to hear that this is the defense in this case. The suspect says he pre-emptively killed his neighbors because he feared for his life. The shooting took place one year ago, but this week his lawyers filed a motion that all charges be dropped under Florida's "stand your ground" law and that's not all. His legal counsel also cites the Bush doctrine, which was used as justification for the pre-emptive war in Iraq.

(BEGIN VIDEOTAPE)

BROWN (voice-over): Preyed upon, harassed and tormented, that's the justification combat veteran William Woodward gave for opening fire on his neighbors, killing two of them during a Labor Day barbecue last year according to his lawyers. Counsel for the Florida man filed a new motion this week to have all the charges dropped. Arguing Florida's stand your ground law as a defense.

GREG EISENMENGER, LEAD COUNSEL FOR WILLIAM WOODWARD: When you're facing imminent violence, you're allowed to act.

BROWN: In this 2012 surveillance video, you can see Woodward sneaking up on his neighbors, firing 31 rounds according to reports. Woodward killed two men. A third man was hit 11 times but survived. Woodward told police he felt like he was living in a war zone.

UNIDENTIFIED MALE: Tormented for the last month by these people. They just made our life a living hell.

BROWN: His lawyer says Woodward sought the help of law enforcement who did nothing and that he endured months of death threats including threats to sodomize and gang rape his then 12-year-old daughter.

UNIDENTIFIED MALE: When people engage in this type of behavior they can hardly be surprised if someone takes them seriously.

BROWN: The controversial stand your ground law was first brought to national attention in the high-profile Florida case of George Zimmerman acquitted for killing Trayvon Martin. Although the law was not argued during Zimmerman's trial, Woodward's lawyers intend to argue not only stand your ground, but also that the shooting was justified under the same principles that justified President Bush's pre-emptive war with Iraq citing the Bush doctrine.

EISENMENGER: If you apply that definition of imminent danger to Mr. Woodward's situation then it's clear that he was facing imminent danger at the time that he acted.

(END VIDEOTAPE)

BROWN: Woodward is charged with first degree murder in the attempted murder of the man shot 11 times and survived. The big issue here what constitutes imminent threat -- Chris.

CUOMO: All right, Pamela. This Bush doctrine really throws us a curveball. So let's bring in CNN's newest legal analyst, Mark O'Mara. Mark is a criminal defense attorney, of course, in the state of Florida. Familiar with you he knows the stand your ground law and also remember him from the Zimmerman trial most recently. Mark, welcome to the team. It's great to have you.

MARK O'MARA, CNN LEGAL ANALYST: Great to be here.

CUOMO: So stand your ground, this part we understand, general definition, no need to retreat before using deadly force, can even strike first to pre-empt or protect against imminent death.

O'MARA: Correct.

CUOMO: Does this case size up?

O'MARA: Well, first of all, one thing we learn is we have to know all the facts before we decide, but knowing what we know now it doesn't really seem to match at all because you can't actually put yourself in a situation where you then have to use deadly force and say I'm in reasonable fear. The imminent reasonable fear has to occur not by your own doing.

CUOMO: So it has to be a situation and if it is of your own doing then the analysis changes how?

O'MARA: Well, because you can't get the benefit of the statute. You can't put yourself in danger intentionally and then say I want to use the stand your ground or any self-defense statute to give yourself a defense. It just doesn't apply.

CUOMO: Then it just becomes in the final moment of crisis are you going to die. That doesn't apply because nothing ever happened.

O'MARA: That's exactly true. You can't say I thought I was in reasonable fear so I went after somebody when he had so many other alternatives. Literally leave, call the cops, anything like that. You can't walk into somebody's backyard and say I heard they may get to me and then act out.

CUOMO: So the way it works in Florida, you're supposed to have I hearing before a trial to see if there will be one because stand your ground obviously would excuse that act. You don't think if they go to that hearing, they get the protection.

O'MARA: The hearing is there to say if you truly acted reasonably then you shouldn't have to face the jury. A judge can look at it and say you've acted reasonably. Your fear was reasonable and the threat was imminent so you don't need to go to trial. That's really a good idea and I like the idea of having a free trial hearing because we don't need to waste time on the jury.

So in this case if they somehow are able to convince this judge the fear was reasonable and imminent then they'll be let go. My thought is with the facts of this case I don't even know what the Bush Doctrine is by the way in criminal law, but this case doesn't apply.

CUOMO: Now, the Bush Doctrine raises suspicion because it seems as though they're throwing things up against the wall and it somewhat weakens the proposition, doesn't it?

O'MARA: It might be a good sound bite to say that I acted pre- emptively because I thought I was going to be attacked, which is the Bush Doctrine according to the --

CUOMO: It's the Bush Doctrine of politics. We're using the word "doctrine" loosely. It doesn't exist in the law.

O'MARA: It doesn't exist, doesn't apply and I think you need to be really careful sort of diluting what they're going to try and argue by throwing out a nice sound-bite.

CUOMO: To clarify a point that has kind of -- it has bothered all through the George Zimmerman situation. Was the George Zimmerman trial a stand your ground trial?

O'MARA: Absolutely not.

CUOMO: Was that the basis for the acquittal in that case?

O'MARA: Absolutely not.

CUOMO: Then why do so many people think that's what it was about.

O'MARA: Because they have misinterpreted the statute. What really happened way in the beginning someone called it a stand your ground law or case and it never changed. That's why way in the beginning I said it's not a stand your ground case. This is traditional self defense. Stand your ground only -- those words should only be used at the far end of the self defense spectrum when you have an opportunity to retreat and the law says you don't have to. In the Zimmerman case, he never had an opportunity to retreat. It was never stand your ground.

CUOMO: This isn't just about your opinion. This is the fact. It wasn't a stand your ground case. It wasn't argued. It wasn't the basis for the decision of the jury.

O'MARA: It wasn't argued by the state. It wasn't argued by the defense and though it exists, those words exist in the jury instruction because they have to. It was never even talked about in closing arguments.

CUOMO: OK, important clarification. Now, staying with Zimmerman, we hear about the divorce, rumors about this. Shellie herself seemed to be suggesting it when she was interviewed. What do you know?

O'MARA: I just -- it's a private matter that I think should stay private. It's sad that the situation that existed for 16 months of being in the public eye has now caused another, you know, destruction of a relationship like that. We know there's been so many damage caused to the whole family. I hope they can work through it in private the way most can handle their divorces.

CUOMO: You talk about in private. The idea of whether that's an option anymore for George Zimmerman. The word of arrests to you is this about being in the spotlight or is there any cause for concern about his behavior? He's been stopped for speeding a couple of times now.

O'MARA: He has. I mean, I speed, as well. You know, if I had gone through what George Zimmerman had gone through the past 16 months I could -- I'd be able to explain away almost any of my behavior. A couple of speeding tickets I don't think should concern anybody very much. It would be nice he could move on in his life in some form or fashion. I don't think that will ever happen and, quite honestly, I feel very bad for him for what he's gone through. I can't imagine living in fear and in hiding for 16 months.

CUOMO: Well, thank you very much for the perspective. Great to start you off here on NEW DAY, but remember, now that you're on the team you can't give me that look anymore that shows how dumb my questions were.

O'MARA: No, no, great questions.

CUOMO: You have to fake it. Say it's a good question when it isn't. Mark O'Mara, good luck to you -- Kate.

BOLDUAN: Coming up next on NEW DAY, a 10-year-old New Mexico boy has been accused of murdering his father. He was 10 when this happened. He's now 14 years old and facing trial. We're going to hear from the boy and his mother. It's a NEW DAY exclusive you don't want to miss. Also some teenagers are being hailed as heroes for getting involved when they saw a woman who appeared to be in trouble in her car. You'll hear from one of them and their 911 call that could have saved her life.

(COMMERCIAL BREAK)

BOLDUAN: What do you say? Welcome back to NEW DAY, everyone. It's Friday and a special edition of the "Pop Four" with our Nischelle Turner.

NISCHELL TURNER, CNN ENTERTAINMENT CORRESPONDENT: Feel-good Friday. We got through this week. I don't know about you guys, it was a long week. We struggled a couple days, but it's Friday and I'm feeling fine. Let's get to it. Our number four story, Robert Pattinson landing a starring role in an upcoming James Dean biopic, I love this. He is not playing the legendary rebel. He will star as a "Life" magazine photographer who befriended James Dean. Actor, Dane DeHaan will play James Dean. He's got a lot of movies coming up too.

The number three is TV's top three, "Forbes" list of the top earning TV actresses has been revealed and guess who is on top? You see her on the screen, "Modern Family," Sofia Vergara. She is number one by a long shot too. Yes, listen to this, $30 million a year is what that lady earns. She is rolling in the dough. She earns more than the next two people on the list combined. I have a little bit of a girl crush on Melissa -- it's a full on for her, but come on.

All right, number two this morning, Angelina Jolie receiving the prestigious Jean Hersholt Humanitarian Award from the Academy Awards Board of Governors this year. She's being recognized for her work with global advocacy groups like United Nations high commissioner for refugees.

And the number one story this Friday, Dave Chappelle, opening up about his walk off during a recent show in Connecticut. You know what? He probably shouldn't said anything. On stage at a recent show in Chicago, he said his audience in Hartford was full of, quote, "young, white alcoholics and if North Korea ever drops a nuclear bomb, I hope it lands in Hartford, Connecticut." I don't even know what to say.

CUOMO: A comedian.

TURNER: I knew that was going to come and I am on the fence about that because comedians can get away with such things but sometimes I feel like, why?

BOLDUAN: That is kind of par for the course for him. He always walks that fine line.

TURNER: He jumps over it a lot.

BOLDUAN: He jumps back and forth.

TURNER: Listen, I'm a big Dave Chappelle fan. I want to see him back and thriving and I just don't know -- MICHAELA PEREIRA, CNN ANCHOR: Comedians are often tortured, aren't they?

COUMO: Sometimes they miss. Sometimes they miss.

TURNER: And they work it out on stage a lot and maybe that's what he was trying to do. They work out the kinks, but somebody is always listening these days.

BOLDUAN: That's right. No kidding. Hello glass house that we live in.

TURNER: By the way, guys, it's Friday. Have a good weekend.

CUOMO: Feel-good Friday. Fill the cup, breathe in. Empty the cup, breathe out.

BOLDUAN: Who knew he could be so zen.

TURNER: Way to go, Chris Cuomo.

CUOMO: I went, I tried, I liked it. What do you think of that?

BOLDUAN: So proud of you.

CUOMO: Completely inflexible, who knew. This is my full range of motion you're seeing right now. It's true.

TURNER: Here high five.

PEREIRA: We need another dude on this set.

TURNER: No, he does it all. He does it all.

CUOMO: Wearing makeup when I'm not on camera. What is going on?

Coming up on NEW DAY, want to meet some teens getting attention for good reason may have saved a life when they saw a woman in trouble. We'll tell you their story.

BOLDUAN: Also ahead, for the first time could be getting a better look at the weaponry the United States is ready to use to carry out the possible military strikes against Syria. Take a look.

(COMMERCIAL BREAK)

BOLDUAN: All right, folks, you know that music. It means it's time for the rock block, a quick round up of the stories you're talking about today. First up, Michaela.

PEREIRA: All right, let's take a look in the papers, from the "Washington Post," a fireball in the sky shining brighter than the moon. NASA released this video of a giant meteor crashing through the earth's atmosphere last week near the border of Georgia and Tennessee.

From the "L.A. Times," scientists say they have found the largest volcano on earth, maybe in the universe. The underwater volcano is in the Pacific Ocean off the coast of Japan, about the size of New Mexico.

And from "Dallas Morning News," a little morning cuteness for you, two new cheetah cubs, they're growing up little friends, an 8-week-old Labrador puppy because that's how they roll. Time now for Alison Kosik and your business news.

ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Good morning to you. Get ready, it could be a big, big day for your 401(k) and the markets. Investors are going to be watching that August jobs report coming out in about 30 minutes. Employers are expected to have added 185,000 jobs during the month of August with unemployment rate dipping to 7.3 percent.

A hefty fine for Larry Ellison's America's cup team, the billionaire's team got a $250,000 penalty and three members can't race. That's for making changes to their yacht against the rules. Finals begin tomorrow.

Usual leaks are coming out ahead of Apple's big event next week. This is what you're looking at is a leaked photo allegedly a part for the new fingerprint scanner for the iPhone 5s. We'll see for sure on Tuesday. Indra Petersons, how is the weather looking?

INDRA PETERSONS, AMS METEOROLOGIST: Gabrielle is now gone, but we're going to over to Pacific where we now have our friend, Loreana, bad timing for anyone. Why is it always the weekend if you're going to Cabo or Baha, watch out for heavy rain and some strong winds there. What does it mean to the southwest? Once again, we're talking about tropical moisture and flooding concerns.

We're looking for that as we go towards the end of the weekend and the early start of next week, thanks for that leftover moisture. Then the northeast and want to keep talking about rain, why not? Another cold front expected to make its way Saturday night through Sunday. This cold front will finally last and finally the southeast, well, what a surprise we're talking about. Even more rain, I don't know what the name sunshine state has anything to do with Florida this summer.

BOLDUAN: At least for this week. We're optimistic. It's a Friday. There you go, Indra, thanks so much. We're now at the top of the hour, which means it is time for the top news.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We are not contemplating boots on the ground in any way, shape or form.

(END VIDEO CLIP)

CUOMO: Striking back, a new report that Iran may be planning to hit U.S. interests if there's a strike on Syria. While the president's plan seems to be hitting huge road blocks in Congress. What happens if it doesn't pass? BOLDUAN: Back in the spotlight, George Zimmerman's wife now filing for divorce. What drove them apart and why does George Zimmerman keep on getting in trouble with the law?

PEREIRA: The 911 heroes, the teens who notice a woman in the back of the car as she mouthed help me, dramatic 911 call that saved their life. One of them joins us live this morning.

CUOMO: Your NEW DAY continues right now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Why are you not listening to the people?

UNIDENTIFIED MALE: We sent you here to stop a war.

UNIDENTIFIED FEMALE: We cannot afford to turn Syria into another Iraq.

(END VIDEO CLIP)