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Inmates Freed by Mistake Back in Jail; Ted Cruz Says Sebelius Should Resign; Newark Mayor Corey Booker Wins Senate Seat; Solar Suitcase for Women in Africa; Investing in Your Favorite Athlete Now Possible
Aired October 20, 2013 - 16:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Hello, everyone, I'm Fredricka Whitfield. These stories are topping our news this hour.
Captured and back in jail, two convicted murderers are behind bars again after pulling off a unique escape. Today the big question is, was anyone else involved?
And the mayor of Newark, New Jersey, Cory Booker, has a brand new seat on Capitol Hill. What's next in his political future? The analysts are weighing in.
And a murder trial in Utah is heating up. A former doctor is accused of killing his beauty queen wife. We've got a legal team to break down the critical moments including when a bathtub was dragged into court.
First up, convicted killers who got an early release from prison based on forged documents are now back in custody. We got our first look at them in court this morning. Charles Walker and Joseph Jenkins both charged with escape. They were found at a motel in Panama City last night. And those two arrests are likely not the end of the story.
Nick Valencia is live for us now in Panama City. So Nick, what have you learned from law enforcement today about what they're investigating now?
NICK VALENCIA, CNN CORRESPONDENT: Fredricka, I just got off the phone with the Florida Department of Law Enforcement. This is new information just in to CNN. I want to stress, though, that this is is in the preliminary portion of their investigation. But they did say they're looking into those forged documents. The commissioner, the Florida Department of Law Enforcement saying those documents could have cost up to $8,000. They wanted to stress - they wanted me to stress to our viewers that it is very early on into the investigation into that.
They also say that arrests are imminent. They're looking into those that helped Charles Walker and Joseph Jenkins while they were escaped on the outside. Also looking into those that could have helped them get their hands on these documents. Also, in terms of this scheme, this fraud that Jenkins and Walker used, the commissioner also did say that two times before unsuccessfully this has happened. So we knew of one case involving a man named Jeffrey Forbs. He says there's actually two cases of this having happened before unsuccessfully. Fred. WHITFIELD: And then what next now for those inmates? Yes, they've been, you know, charged with escape, but now what? They were serving life in prison.
VALENCIA: That's right. One was in for first degree murder, the other for second degree murder. They have their next court appearance on the 25th of October. That's on Friday. We're still unclear at this point whether or not they're going to stay in Day County jail where they are just a few miles away from here or whether or not they're going to be transferred. But I was told earlier by state officials that eventually, they would be turned over to the Florida Department of Corrections and make their way in front of an administrative board.
Back to this scheme, though, Fred, we've got some sound from the U.S. Marshals. It was a little bit of an interesting note the commissioner would say that this had happened unsuccessfully, two times before. Take a listen to what a U.S. marshal had to say about Charles Walker and Joseph Jenkins' attempted escape.
(BEGIN VIDEO CLIP)
FRANK CHIUMENTO, CHIEF INSPECTOR, U.S. MARSHALS SERVICE: I know that this is rare. Here, in Florida, this is the first time I've heard of it. I've been in law enforcement for over 30 years and it's the first time I've ever heard of prisoners escaping from their custody by a measure such as this.
(END VIDEO CLIP)
VALENCIA: This is a pretty embarrassing blender, Fred, for all of the agencies involved. It's going to be a while before we have all of the questions answered on this one. Fred.
WHITFIELD: All right. Thanks so much. Nick Valencia, we're going to talk more about this case with well-known criminal defense attorney Mark O'Mara later on this hour.
All right. The first numbers on the Affordable Care Act sign-ups are in. And despite website glitches, around half a million people have now made it through the online application. That isn't enough for Republican senator Ted Cruz, however. On "State of the Union" he said "the buck needs to stop at the top of the Health and Human Services agency."
DANA BASH, CNN CHIEF CONGRESSIONAL CORRESPONDENT: Kathleen Sebelius, some of your colleagues are saying she should resign. Do you agree with that.
SEN. TED CRUZ (R), TEXAS: Absolutely. She should resign. Why? Because the program she has implemented, Obamacare, is a disaster. It's not working. It's hurting people all across this country.
(END VIDEOTAPE) WHITFIELD: CNN's Chris Lawrence is in Washington. So, Chris, the site was down for maintenance on Friday. It's up and running again, right?
CHRIS LAWRENCE, CNN PENTAGON CORRESPONDENT: That's right. They basically have been taking it down every weekend to do some maintenance and then bring it back online. Of course, people are still trying to fight through a lot of those glitches. But as you mentioned, Fred, this is the latest, most complete picture we have of exactly, you know, how successful or not successful this program is at its launch.
Nearly a half a million people have filled out the applications. Now, that does not mean they're enrolled. It means they've put in all the information about salary, family members, things like that, completed it. But it's still more steps to go before we actually are able to choose an actual plan.
The critics are still harping on a lot of those glitches. People got error messages, they couldn't get a log in, they waited weeks to slog through the system. The folks who backed the system say these are just glitches. Those who are criticizing say these are fundamental flaws in the software that should have never been there. Fred.
WHITFIELD: Chris Lawrence, thanks so much, in Washington. We'll be watching, of course.
So the senator who led the fight to defund Obamacare told CNN that he's not backing down. We're talking about Texas Senator Ted Cruz. He said he's not ruling out another challenge for Obamacare which could include another government shutdown, slowdown, showdown. And he even talked about whether this could all be a prelude to a run for the White House?
BASH: When do you make your intentions for the White House known?
CRUZ: Look -
BASH; What time is it?
CRUZ: My focus is entirely on the U.S. senate. It's on substance. I get that everyone wants to talk politics.
BASH: And, you know, some trips to the first primary in caucus states might be little hints.
CRUZ: But you know, look, there's a reason for that which is the only way to win this fight, and for that matter, to win some of the other fights we've had, is to energize and activate the grass roots of the American people. I've traveled all over the country, to town halls and rallies, to make the case to the American people. You don't get two million people signing a national petition without going directly to the people.
And what we're trying to do - listen, I think what we're trying to do is bigger than the economy, than the budget, bigger even than Obamacare. What we're trying to do is really change how Washington operates. The reason people are so frustrated is career politicians in both parties, they aren't listening to you and even more than that, the American people have the sense, for good reason, that the system is rigged.
WHITFIELD: All right. Let's talk weather now. It's getting pretty chilly across parts of the country, feeling very fall-like. Samantha Moore is in the CNN severe weather center and says you can blame Canada. Oh Canada.
SAMANTHA MOORE, CNN METEOROLOGIST: Well, Fredericka, some of the coldest air so far this season is spilling out of Canada into the northern and central plains. And then this whole trough is going to usher that cold air out to the east throughout this week. So we'll definitely going to see some dramatic cool downs as we head into the next few days.
In fact, those temperatures just plummeting behind that frontal system. We're talking 42 Minneapolis, 45 in Chicago and of course, quite windy at times as this cold air blasts in through the mid west and the great lakes.
We're talking some snow here, some impressive amounts. Could even see some one to four inches across much of Minnesota, northern Wisconsin and into the UP of Michigan. So we could end up seeing our first measurable snow of the season in some of these, in many of these neighborhoods.
High temperatures, not too high at all. In fact, those temperatures well below average for this time of year. By Monday, we're talking temperatures in the upper 40s in Chicago, mid 40s by Tuesday. An average of 61 degrees. So well below average. So here's our pattern with that frontal system moving through. Some snow associated with it as we ahead into our Monday and then all of that cold air will be marching to the east as we head through that work week. So it looks like we need to dig out the sweaters and the jackets, Fredericka.
WHITFIELD: All right, we'll all do that. Can't wait of rit, in fact.
All right. Thanks so much, Samantha.
All right. It's a very different kind of weather south of the border. Tropical storm Raymond is gaining strength as it churns on the Pacific Ocean, off the coast of Mexico. Experts say it could become a hurricane by Monday nearing the coast and then abruptly turning away. It may not make landfall, but forecasters predict heavy rains for areas around Acapulco.
All right. Those two convicted killers back behind bars in Florida. But now people are trying to figure out how exactly did they make it out in the first place? Did they get some help from the inside? Our legal analyst joins us next.
WHITFIELD: Two convicted killers are back in custody today after they were mistakenly released. Charles Walker, on the left, got out of prison earlier this month. And Joseph Jenkins was released last month. Both had gotten reduced sentences, or so it seemed. It turned out the documents were forgeries. And now, everyone is wondering who helped them do this.
CNN legal analyst Mark O'Mara joining me now from Orlando. So Mark, we heard from Florida law enforcement today that they do expect more arrests. Do you think the focus of the investigation is on those who helped them on the inside or on the outside?
MARK O'MARA, CNN LEGAL ANALYST: think it's going to be those on the this side. It really looked like from day one that these people had to have help from either the clerk's office or someone within the court system from either the clerk's office or someone within the court system, maybe a lawyer, who knew what was going on because to get those documents into the system the right way took some knowledge.
WHITFIELD: So talk about the knowledge that it would have take p. The judge, himself, has gone on camera in several interviews saying someone clearly took his signature and managed to somehow duplicate it, put it on these documents and everyone thought it was very authentic. This sounds very elaborate. Very sophisticated.
O'MARA: Well, you know, with what we have today with desktop printing and whatnot, you can almost make your own dollars. So the idea of being able to forge the judge's signature, I can almost understand. But to do it in the right way, with the right motion, to get it into the system the right way through the clerk's office, you really take some understanding of the way the process goes and how to slide it in without being caught.
WHITFIELD: And then what about the cost? We heard our own Nick Valencia say - his sources say it could have cost upwards of $8,000 to get those kinds of forged documents. Where would that money come from?
O'MARA: Well, you know, I'm certain that if I was in for a life sentence and somebody could get me out, I'd figure out someway to come up with money. Whether that's somebody on the outside for them. But it's interesting that the family members seem to be completely unaware that this was a fraud. Because they literally were taking them to church, they were living in the same areas with them, going to the malls. It's interesting looking forward to see what happens.
WHITFIELD: OK. Now, this is alarming to everybody. You know that Florida corrections system, justice system, better than just about anybody there in Florida. How much of a surprise does this come to you? Or do you think that, you know, you saw perhaps red flags within the system that something like this, there were openings for something like this to happen?
O'MARA: Well, I think it's happened. I think it's going to happen again, unless D.O.C. and the local clerk's offices around the state get very, very careful. This has got to be an awakening for the system. Because we now know that the system can be gained. But it's also sort of an easy fix. So to give you a quick example. When D.O.C. is going to release any prisoner, what they should do is contact the state attorney's office who handle the sentencing and let them know 60 days out this guy or this girl is ready for release, is there any reason to keep them in? Any other warrants? And that would be a very quick safety measure to make sure this doesn't happen again.
WHITFIELD: All right. Mark O'Mara, thanks so much. Good to see you. Appreciate it from Orlando.
So the bogus documents that temporarily freed those two convicted killers in Florida contained the forged name of a famous Florida judge, as you heard Mark underscored. Judge Belvin Perry, he presided over one of the most high-profile trials of this century, the Casey Anthony case. The Orlando mother acquitted on charges of murdering her two-year-old Caylee as you recall.
So Judge Perry says people with criminal minds can come up with ingenious ways to beat the system. Those were his thoughts. He's going to be joining Don Lemon later on at 5:00 Eastern time.
All right. He's got more than a million Twitter followers. And he's got a brand new title. Senator elect, Newark mayor, Corey Booker moves onto Washington. Will his star power work there?
But, first, we're shining a spotlight on the top 10 CNN heroes of 2013. You can vote for the one who inspires you the most at cnnheroes.com. This week's honoree spent 13 years delivering babies before a back injury forced her to stop. Now she's found a new way to bring babies and mothers safely through childbirth. She calls it the Solar Suitcase.
(BEGIN VIDEO CLIP)
DR. LAURA STACHEL: There is a traditional African saying when you become pregnant that you have one foot in the grave. There are so many women dying in childbirth in many communities. Pregnancy is feared.
In the last month, four women actually died due to complications.
When I went to Africa, I saw these women, one after another, coming in with complications. And we didn't everyone have adequate light to treat them.
Welcome to the world little one.
A lot of the clinics don't have any electricity. Mid wives use kerosene lanterns. They may use candles. They use their cell phones to deliver babies. Once I witnessed the things that I saw, I had to do something about it.
My name is Dr. Laura Stachel. I'm helping to provide a simple and reliable solar lighting and power source so that mothers and babies can be saved during childbirth.
Hospitals and clinics receive a solar suitcase for free. So the charged controller is very important.
Solar suitcase provides medical quality lighting. It charges cellphones. It has a small battery charger, head lamps and for the fetal Doppler that we include.
Perfect. That's it.
Mothers are now eager to come to the clinics. It shifted them around to the health care workers.
UNIDENTIFIED FEMALE: This light is going to bring good changes. It keeps you going.
STACHEL: There you go.
UNIDENTIFIED FEMALE: Thank you so much.
STACHEL: I really want a world where women and their families get to celebrate berth. And I'd like to be a part of making that happen.
(END VIDEO CLIP)
WHITFIELD: Newark mayor Cory Booker is Washington bound now after his victory last week to fill New Jersey's vacant U.S. senate seat. Many see him as a rising star in the Democratic Party but will he maintain that celebrity status on the national political stage?
Alexandra Field reports.
CORY BOOKER, NEW JERSEY SENATOR-ELECT: You know, I'm going to go out there and try to be the best me possible.
ALEXANDRA FIELD, CNN CORRESPONDENT (voice-over): So far, that's worked for Senator elect Cory Booker. He's never had trouble drawing a crowd. Which is why the New Jersey democrat may get a very warm welcome when he goes to Washington. Rutgers University political science professor Ross Baker.
ROSS BAKER, RUTGERS UNIVERSITY POLITICAL SCIENCE PROFESSOR: I think he's a great asset to the Democrats. I think he will be a great fundraiser.
FIELD: Booker, the mayor of Newark, is so widely known, he has a Twitter following of 1.4 million people. His campaign for the Senate boasted big celebrity endorsements. Marketing experts say he has a powerful and recognizable brand.
ALLEN ADAMSON, LANDER ASSOCIATES: In Washington, I think he'll have star power. I think he'll be the biggest brand in Washington since Hillary.
FIELD: But if you ask the senator-elect, he insists his time in Washington will be about building a bigger name for himself.
BOOKER: There's a lot I have to learn so I'm going to work, put my head down and study, study, learn, learn, learn. And then be back in New Jersey as much as possible to directly serve people I have been doing as mayor.
FIELD: Back at Rutgers, Baker says if the mayor of Newark wants to succeed as a senator, he'll have to prove he can work with others.
BAKER: He's going to be very visible. People will expect him to exude that incredible charisma that he has. But I think he'd be well advised to keep it in check.
FIELD: Sound advice for any freshman in Washington, but it could prove tough considering the background. Some pundits were already saying Booker is a potential pick for a vice presidential run in 2016.
For now, it's a question he's quick to deflect.
BOOKER: Yes, look, I've also heard that I might be a choice for the Giants right now. But we're having a tough time this season. So maybe I might get called in.
WHITFIELD: Oh, what a great sense of humor there, too. All right. Alexandra joining me now from New York. So what is in store for this celebrity mayor as he heads to Washington? He says he's going to study. But then what?
FIELD: Right and that's a good idea, Fredricka. Because we know that these transitions aren't always easy when these celebrity status sort of figures go into the senate they find they're one in a body of 100. So political analysts say the first thing he needs to do is really answer any critic who might suggest that he has more style than substance. And there are a few ways to do that in Washington.
Try to get some prominent placements on different committees, also hiring a strong Washington staff with some know-how about the town. He doesn't have long in office. He'll only be in office for 15 months. That's what's left of Senator Frank Lautenburg's term. So the other advice that Senator-elect Booker is getting is that he needs to definitely spend some time with his constituents, that means returning to New Jersey, not just to Newark, but really making himself visible around the state, letting people know that he's in Washington for them and that he's listening to them, Fred.
WHITFIELD: All right. Alexandra Field, thanks so much in New York.
WHITFIELD: All right. Perhaps you're looking for a new investment these days. Here's one you might not have considered. Buy a share in your favorite athlete. Why one company says it's a winning investment strategy.
WHITFIELD: Bottom of the hour now. Welcome back. I'm Fredricka Whitfield. Here are five things crossing the CNN news desk right now.
Number one, Florida officials say they expect more arrests in the case of two escaped inmates. Charles Walker and Joseph Jenkins were in court this morning after being caught last night in Panama City. The convicted murderers had been released from jail based on forged documents that showed they had reduced sentences. And, now, investigators are trying to figure out who else may have been involved.
Number two, in California, an out of service Bay area rapid transit train struck and killed two workers on a section of a track northeast of San Francisco. Park officials say the workers were checking on a rail. The accident comes as BART union workers remain on strike over a variety of issues including wages. The accident is under investigation.
And number three, firefighters in Australia aren't getting any help from the weather today. Forecasters are expecting a couple of days of high temperatures and strong winds. The area around Sydney has been hit by dozens of fires in recent days. Hundreds of homes have either been damaged or destroyed.
And number four, a Long Island man was arrested at J.F.K. airport for allegedly trying to board a Jet Blue flight with a bag of knives and scissors. Port authority officials say Timothy Schiavo also had lighters and other dangerous objects in the bag. Schiavo admitted owning the bag's contents. He has been charged with criminal possession of a weapon.
And number five, check out these two men base jumping off a bridge more than a thousand feet. Oh, my gosh, above the ground. Thirty four base jumpers from 15 different countries gathered in China this weekend to take the challenge. The jumpers only have five seconds to open their parachutes. It's crazy.
Take a look. Base in an acronym for four kinds of fixed objects used in the sport including buildings, antennas, span and earth.
All right. Back here on earth at home safely. A new and surprising way to invest in your money. I'm talking about buying stock in a pro- athlete. One company is making it possible. And the first sports star that they are investing in is Houston Texan running back Arian Foster. Here's Zain Asher.
ZAIN ASHER, CNN CORRESPONDENT: On the field, he's explosive. Off of it, charming.
ARIAN FOSTER, ATHLETE: My mama cooked some long enchiladas.
ASHER: And if one company had its way, he'll soon be a publicly traded asset. BUCK FRENCH, FANTEX CEO: We're interested in working with Arian because he has attributes that are beyond just being a pro-bowl running back. His approach to life and things off the fields makes him an attractive candidate for us.
ASHER: Star NFL running back Arian Foster is the first athlete to sign up with Fantex, a San Francisco based start up that will allow fans to buy and sell shares of their favorite athletes. Fantex will pay Foster $10 million up front. In exchange, investors get the opportunity to earn 20 percent of his Foster's income, including money from playing contracts, endorsements and appearances.
Fans can buy a stake at $10 a share. They also have to invest a minimum of $50. But veteran sports consultant Robert Tuchman is punting the Foster stock.
ROBERT TUCHMAN, PRESIDENT, GOVIVA: It's very difficult to monetize athlete's brands post-playing days. It's very difficult to monetize athlete's brands while they're playing.
ASHER: Fantex says it's looking for talented athletes with significant growth potential.
FRENCH: How you play or the performance of you play gives you a platform in which you have a voice and a marketplace which impacts your brand.
ASHER: But what's in it for the athletes?
FRENCH: For players, this is a complete home run for Arien Foster. I mean, he's basically buying himself insurance in terms of his playing days.
ASHER: So why Arien Foster? Well, he's one of the NFL's biggest stars. His brand has surged with the popularity of fantasy football. He is must star running back for team owners and Fantex wants to make him a must-buy for investors.
Investors though, should trend carefully Fantex list 84 risk factors on its website including the risk of athletes getting injured and unforeseen issues with its trading capful. And if Fantex doesn't raise enough money in the initial offering, it says it's scrapping the deal. Still, the company is bullish about bringing sports investing to the average Joe.
FRENCH: We really embrace this concept of him being a trail blazer. And it fits his brand and how we see him. We think that there is a desire for that out in the marketplace.
ASHER: Zain Asher, CNN, New York.
WHITFIELD: All right. There's more. So, yesterday, we asked for your comments on this story. And here's what some of you said. Fantex for football players is just a way to bilk fans. And someone else said this, "I think Anthony Bourdain is worth investing in over any athlete."
Thanks so much for sharing and of course you can share more thoughts on my Facebook Fredrickawhitfieldcnn or tweet me @fwhitfield.
All right, the real story behind Lance Armstrong's doping scandal. How the one time cycling superstar managed to convince his fans that he had never, he would never do drugs. Our Anderson Cooper has that story next.
KELLIE PICKLER, SINGER: Hey, there, I'm Kelly Pickler. I come from a military family. I've always had a great deal of respect for our servicemen and women. I work with the U.S.O. I love working with them. We've been able to go and do so many tours overseas.
Where are my girls at? All right.
To be in a position where you can take a little piece of home to your servicemen and women, I mean why would you not do that? Because they need to know that we have their back because they have ours. It's the right thing to do. So I do it. The U.S.O., they've been doing this for over 60 years. You cannot compare those shows to any other show that you do. I wish I could just donate my whole time to doing these tours. I would do it in a heartbeat. I love it.
Join the movement, Impact your world and you can be a part of something really special.
WHITFIELD: Lance Armstrong was once a seven-time Tour de France winner. And one of the most inspiring athletes in the world. But his dramatic fall from grace has tarnished his legacy. And a new book called, "Wheelmen" claims to give insight into how Armstrong got away with doping for so long and who helped him. CNN's Anderson Cooper spoke to the authors who are both reporters for "The Wall Street Journal."
VANESSA O'CONNELL, AUTHOR, "WHEELMEN:" We've always viewed this as sort of a business story. It's more than just doping and cycling or doping and sport. We viewed this as a story about a business enterprise, essentially, and cheating was at the heart of it!
ANDERSON COOPER, CNN CORRESPONDENT: Did the fact that he also had this charity; did he use that to kind of blank criticism of him or suspicion of him?
REED ALBERGOTTI, AUTHOR, "WHEELMEN:" Absolutely. I mean the Lance Armstrong Foundation, which is now known as the Livestrong Foundation; after this scandal, really was his shield. He was fighting cancer. He wasn't just an athlete. He was above all of that. And that really, in the minds of so many of his fans and followers, protected him over those 14 years.
O'CONNELL: He would even say sometimes you know, I survived cancer. Why would I take drugs? And people believed it. It gave him special status in the eyes of the public.
COOPER: What happens to him now? I mean he's still facing at least one lawsuit, correct?
ALBERGOTTI: Yes. It is Floyd Landis filed a lawsuit under the False Claims Act as a whistle blower, essentially blowing a whistle on the U.S. Postal Service's violation of the contract. Lance Armstrong's team violated the contract by doping. And the U.S. Department of Justice has joined that lawsuit to the tune of potentially $120 million.
O'CONNELL: That lawsuit really points to some of the business themes that I think we bring up in the book. For instance, Armstrong argues that the U.S. Postal Service should have known it got this marketing benefit by sponsoring the team because he won so many times. The postal service had the benefit of all of the media exposure of his victories. And he is basically arguing in the lawsuit that the postal service should have known he was doping.
COOPER: It's obviously incredibly important to him to be able to compete in triathlons, and that's one of the things he cannot do now. Correct?
COOPER: Was he doping during triathlons after his cycling career is that known?
ALBERGOTTI: I think there have been allegations that he was. He was still working with Kelly Ferrari. But his side of the story, Lance's side of the story is that he wasn't doping, he was just sort of helping him with the training regimen.
WHITFIELD: And tonight CNN will have a whole lot more on Armstrong watch the "The World According to Lance Armstrong" 10:00 Eastern this evening.
All right. They seemed like they were living the American dream. But now it's a nightmare. This former doctor on trial accused of drugging and drowning his wife, find out what prosecutors brought in to the courtroom to try to prove their case.
WHITFIELD: All right. It sounds like something out of a courtroom thriller. A former doctor on trial in Provo, Utah. Martin McNeil is accused of drugging and drowning his wife, Michelle, so that he could be with his mistress. A bathtub took center stage Friday as neighbors began showing exactly how Michelle's body was found. Prosecutors were questioning whether Dr. McNeil was actually trying to breathe life into her limp body after she was pulled out of the bathtub.
Well a court prosecutor has said the doctor's wife had a powerful cocktail of drugs in her system on April 11, 2007 following a face lift surgery. Martin McNeil has pleaded not guilty and could face life in prison if convicted. So this case is another high profile case that caught the nation's attention. Here with me in the studio to talk more about it are attorney's Mo Ivory and Carrie Hackett, good to see both of you.
MO IVORY, HOST, "THE MO IVORY" RADIO SHOW IN ATLANTA: Hi.
CARRIE HACKETT: Hi.
WHITFIELD: So we've heard testimony from friends and neighbors who did paint the picture that McNeil's, Martin McNeil's behavior was a little strange. That he didn't seem to be grieving over the loss of his wife. But what do prosecutors have to deliver? What do defense attorneys have to deliver to try to prove or disprove the allegation?
IVORY: Well, sure, I mean the prosecutors have to deliver a case to say that, you know, he really did kill her.
WHITFIELD: There has to be more than just witnesses saying his behavior was strange.
IVORY: Sure. Of course there has to be, there has to be some forensic evidence, there has to be some physical, you know things that show wow he didn't do that, he did this. That's strange. But it proves this or that. Right now they still don't have a cause of death for her. The medical examiner has still not said what she had exactly died of.
So while I think they have an uphill battle, I do think there are certain things that will prove that this was a murder. For example, her behavior -- the fact that he asked the doctor for more drugs seems premeditated, in a way. That she didn't even, in fact, need these drugs at all. The doctor actually advised her not to get a facelift until her blood pressure was down. But he moved and moved for her to. To me, that shows intent. To me, that shows premeditation. So along with physical evidence that they will use from the bathtub which I'm sure we are going to talk about. And the daughters accounts of the mistress, all that.
WHITFIELD: Potentially their testimony. But there are eight children involved, four biological, four adopted. Four of the biological children daughters in particular one who is even a medical school student turned on dad pretty quickly saying we think dad had something to do with this.
HACKETT: They did. And actually dad told one of those daughters, in that week after their mother had the facelift and before she died, the mother came to one of the daughters and said if something happens to me while I'm sick, while I'm recovering from this facelift, be sure to check into your dad.
WHITFIELD: And a facelift that apparently, she had second thoughts about.
HACKETT: She did.
WHITFIELD: But the husband insisted on.
HACKETT: And she didn't want it.
WHITFIELD: Would that become something of discussion that jurors will hear? I mean is that considered you know meaningful information to advance his case?
HACKETT: I think it is just because the prosecution's contention here is that he needed this cocktail of drugs, of pharmaceuticals to be able to kill his wife.
But, you know the defense here, there are so many inconsistencies. And I do think that not having a cause of death, a clear cause of death, is very, very strong for the defense.
IVORY: It is.
WHITFIELD: OK. And now the judge ruled that several federal inmates and even a former Utah county jail inmate can testify. While defense attorneys have been arguing that that testimony from inmates or former inmates isn't usually very consistent or reliable but the judge said they argued that in court that once they testify. What is that all about and why?
IVORY: Sure. And let's take this, remembers jurors are people. And we know that from all the cases that we've seen. They have to take the totality of the circumstances and look at it. Now if he is bragging in jail, I wanted her dead anyway and they're never going to figure out that, they are never going to be able to prove that it was me, they're going the take that and they're going to let the jury ponder that. The judge is allowing this inmate to testify. So that does mean that this could be some evidence that could be very important to the jury putting all of the pieces together to come up with a verdict.
WHITFIELD: Isn't that unusual Carrie to allow this?
HACKETT: I think it is unusual. Because it kind of goes to character evidence and it is kind of way to get character evidence in through the back door. But I do think that in this particular case, because he talked about this to so many other inmates, the judge has found that there must be some shred of reliability here and that the jurors should consider that in relation to and in the context of the totality of all of the other testimony.
WHITFIELD: Fascinating stuff. Carrie Hackett, Mo Ivory thanks ladies. Appreciate your in sight.
WHITFIELD: All right, you never know what you're going to get when you sit down with Jim Carrey.
JIM CARREY, ACTOR/WRITER: I think of myself you know, people are always trying to --
(UNIDENTIFIED FEMALE): Mark, 217.
CARREY: I must kill the president. Sorry, that was my code.
WHITFIELD: Oh, my goodness. Never sit down with a comedian. You never know what you're going to be in for. Stay tuned for more of Jim Carrey right after this.
WHITFIELD: All right. From his early days on TV in living color to his success on the silver screen in movies like "Dumb and Dumber," Jim Carey has spent over two decades entertaining us with impossible facial contortions and the wacky sense of humor and bad haircuts there. And now the actor-turned author is making kids laugh with some very g-rated humor. Here is Ana Cabrera.
ANA CABRERA, CNN CORRESPONDENT: At age 51, Jim Carrey still knows how to capture an audience.
CARREY: There's nothing interesting over there. They're all out of "50 Shades of Grey."
CABRERA: But on this day, his pint-sized fan base drinks juice boxes and sits on the carpet and with legs crossed.
CARREY: Every time I turn a page, I want all you kids to make a noise.
CABRERA: It's exactly what Carrey is hoping for. Adding a new title to his long list of credits, children's author.
CARREY: I am drunk with my own self importance. Really, truly. It's like nothing I can't do. It's amazing.
CABRERA: All kidding aside, Carrey's stories centers around an anxious wave named Roland who hopes to better understand his purpose in life.
CARREY: He's afraid that one day, when he hits the beach, his life will be over. But when he gets deep, he's struck by the notion that he's not just a wave, he's the whole big, wide ocean. So it's that feeling of that ultimate fear that when it actually happens, it's not bad and you actually just go into a different phase and a different kind of feeling and awareness.
CABRERA: Our cameras caught up with Carrey at a book signing in Atlanta. But the two-time Golden Globe winner has also been seen around town for other reasons.
CARREY: Austria. Well, then, good day, mate.
CABRERA: Carrey and his costar Jeff Daniels are making the sequel to "Dumb and Dumber." That is right, Lloyd and Harry are back. It's a film almost 20 years in the making. What do you think when you see that picture?
CARREY: I'm amazed at the wonders of ink printers. It's just right there for us any time we want. You know, it's just friends getting together again. You know, for me. Absolutely.
CABRERA: Can you give us a little taste of what we can expect in your new movie?
CARREY: No. No I can't.
CABRERA: A little just teaser.
CARREY: How is that right there?
CABRERA: Jim Carrey taking on a new chapter in his life. And making plenty of laughs along the way.
Ana Cabrera, CNN, Atlanta.
WHITFIELD: And, tonight, a special salute to a comedian, who many will say is very deserving. Carol Burnett will receive the Mark Twain Prize for American humor at the Kennedy Center. It is the nation's top prize for humor. Previous winners of the award include Tina Faye, Bill Cosby and Ellen DeGeneres. Burnett spoke to CNN's "New Day" anchors yesterday about her reaction to being honored.
CAROL BURNETT, COMEDIAN: I was thrilled. Actually, I had been asked for a few years, but I couldn't work it in to my schedule. And I felt just terrible about that. But, now, having it come at this age, I'm happy I didn't do it before.
WHITFIELD: Well, congrats to Carol Brunette.
All right. His best known speech was a really long one, really long one featuring dramatic reading of "Green Eggs and Ham" Senator Ted Cruz is gearing up for another big speaking engagement. Details next in our week ahead.
WHITFIELD: All right. The deal to raise the debt ceiling was good news for Wall Street sending stocks to near all time highs. But this week investors are turning their attention to the delayed September jobs report. Here now is Alison Kosik.
ALISON KOSIK, CNN BUSINESS CORRESPONDENT: Hi Fredricka. It's finally coming out. The jobs report is out on Tuesday almost three weeks late. The Department of Labor puts it out which is one of the biggest economic reports we get. But it only had three people working during the shutdown. So the September reading didn't come out and the data for the October report couldn't be gathered. So October numbers will be delayed one week.
Other economic data from the government will finally begin to flow in. Another big one? Existing home sales due on Monday. Sales are already at six-year highs and with mortgage rates rising, economists say more buyers have rushed to purchase before rates rise even more.
Also out figures on new home sales and durable goods and consumer sentiment. And on the earnings front we'll hear from big companies like AT&T, Caterpillar, McDonalds and Amazon.
And finally, the iPad could get an update. Apple is holding a media event on Tuesday; the word on the street is that a fifth generation iPad will get a slim down design and faster speed.
Fredricka that's what's coming up in business news. Back to you.
WHITFIELD: All right. Thanks so much, Alison.
All right. Here's the other stuff that is happening in the coming week.
Same-sex couples can get married in New Jersey starting tomorrow morning. The State Supreme Court ruled last week against Governor Chris Christie's efforts to block the move. The justices have said the state has to allow marriages even as Christie's appeal moves forward.
On Tuesday the group of hackers known as anonymous plans a peaceful protest to support an alleged team rape victim Daisy Coleman. The group is pushing for the Missouri state attorney general to reopen the case and investigate why charges against two teen boys accused of sexual assault were dropped. Sheriff's department records show the boys admitted to having sex with Daisy and her 13-year-old friend but both claimed it was consensual.
On Wednesday, President Obama welcomes Pakistan's prime minister to the White House. Pakistan media reports say Nawaz Sharif wants to talk about Afghanistan, specifically about security after U.S. troops withdraw.
On Thursday, the CNN film "Blackfish" premiers. The movie traces a 39 year history of killer whales in captivity leading up to a 2010 incident in which an experienced Sea World trainer was killed by the 12 thousand pound Orca.
And on Friday Senator Ted Cruz will be the key note speaker at the Republican Party's annual Ronald Regan Commemorative Dinner. The event in Des Moines, Iowa is a fundraiser for the GOP.
And check out "New Day" tomorrow. Where Kate Baldwin and Chris Guomo will talk with Michelle Rhee. Rhee is a former D.C. schools chancellor once vilified for her teaching standards and the teacher evaluation system she put in place. Well a new study shows her system was actually successful in improving teacher performance. That's all only "New Day" tomorrow.
I'm Fredricka Whitfield, that's going to do it for me. Much more of the NEWSROOM straight ahead with Don Lemon there. Hey, Don.
DON LEMON, CNN ANCHOR: Hey Fredricka. What is doing?
WHITFIELD: Hey Don. Oh, yes, tie looking good. OK. You're all straight.
LEMON: Good to see you, Fred, have a great couple days off.