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NEW DAY

Calls For Sebelius To Step Down; Sparks Middle School Shooting; Online DUI Confession To Learn Fate; McCain Considers Another Senate Run; War Vet's Personal Mission; Interview with CEO Clay Johnson; Healthcare.gov's Technical Woes; Officers Cleared In Shooting; Mariah's Back

Aired October 23, 2013 - 07:30   ET

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


(COMMERCIAL BREAK)

ANNOUNCER: You're watching NEW DAY with Chris Cuomo, Kate Bolduan and Michaela Pereira.

KATE BOLDUAN, CNN ANCHOR: It is Wednesday, October 23rd. Welcome back to NEW DAY, everyone. Coming up in the show, he was mistaken for a car thief shot at 15 times, but police have now been cleared for their role in it. Now the man wants his day in court and we'll bring you an update on this story ahead.

CHRIS CUOMO, CNN ANCHOR: That story is tough to understand. Plus superstar Mariah Carey coming back and in a very big way, she's telling CNN about what's next for her and the unique way she's trying to sell her new single.

MICHAELA PEREIRA, CNN ANCHOR: Strategically placed banner there. Let's first though start with your morning headlines.

Three weeks of frustration over the Obamacare rollout. Now there are calls for the health and human services secretary to resign. Kathleen Sebelius telling CNN in an exclusive interview with Sanjay Gupta that she will not step down, the system is being fixed as quickly as possible and that more people are getting through.

The parents of a 12-year-old Nevada boy who shot a teacher and two students before killing himself could be facing criminal charges. Police are now investigating what they -- whether the parents mishandled the 9-millimeter handgun that their son was able to take to school. There's also new evidence that that young boy might have been bullied. A witness telling police he was heard, why are you laughing at me and why are you doing this to me during that attack.

The Ohio man who confessed online to drunk driving and killing another man will be sentenced today. Matthew Cordle pleaded guilty last month. He faces eight years in prison. His online confession was seen more than 2 million times. The victim, 61-year-old Vincent Canzanni. Canzanni's daughter says Cordle's post took the focus off her father. She will speak at that sentencing.

Senator John McCain revealing that he is considering running for a sixth term in 2016. McCain said on a Phoenix radio station that he is seriously giving it a lot of thought. Just last month, McCain said he was probably in his last term, but later indicated he'd wait a few years before thinking about re-election. In 2016, the five-term Arizona senator will be 80 years old.

This man served in Iraq and Afghanistan and lost both legs in an explosion. Now Marine Rob Jones is on a very personal mission, an admirable one. He set out to raise a million dollars for charity. He's going to cycle across the nation.

(BEGIN VIDEO CLIP)

ROB JONES, CYCLING CROSS COUNTRY FOR CHARITY: Double above the knee amputees wants to ride a bike, they can see me doing it and they know it's possible. So once you see that something is possible, it's a lot easier to do other stuff.

(END VIDEO CLIP)

PEREIRA: Well, so far he has raised more than $21,000 in pledges. We want to help him reach that goal. You can donate at robjonesjourney.com. Cheer him along the way. Those are your headlines at this hour. Kate, over to you.

BOLDUAN: Thank you so much, Michaela.

He's compared problems with the government's new health care web site to a deeply ingrained and malignant cancer. Joining us now to talk about where does the administration go from here to fix it all? Clay Johnson, a former presidential innovation fellow, the same group that the administration is bringing in now to try to help fix the site.

Johnson is also the CEO of the company Department of Better Technology and the author of "The Information Diet, The Case For Conscious Consumption." Clay, it's great to see you. Thanks for coming in.

CLAY JOHNSON, CEO, DEPARTMENT OF BETTER TECHNOLOGY: Thanks for having me here. Appreciate it.

BOLDUAN: Of course. You know the system better than most. In the simplest terms possible because I include myself in this group, not understanding I.T. very well, what went wrong?

JOHNSON: Well, I think the first thing that went wrong, a lot went wrong, but the first thing that went wrong has been that we've continued to use a system which is broken. When the federal government buys information technology, they use a system called procurement and they deal with contracting officers who have to go out and negotiate with vendors and the result are these very large information technology projects.

"Computer World" magazine just came out yesterday and said they did a study on federal I.T. projects that were over $10 million and found that 96 percent of them fail. So if 96 percent of something fails then why do it in the first place?

BOLDUAN: Are you saying that they didn't bring in the best and the brightest? They didn't bring in the A-team for this job?

JOHNSON: Yes, I think that they brought in the "L" team. I don't know what's even further down the line from "F." Government doesn't have a lot of great people to choose from to begin with. The government contracting ecosystem is filled with people who have really great attorneys but not particularly good programmers. So the jobs end up going to the people who understand the rules and regulations the best, not the people who can do the best job.

BOLDUAN: Clay, we're now learning that insurance companies and some of the contractors even raise red flags in the days, weeks leading up to the launch saying things aren't ready, there are problems. Do you think they should have delayed the launch?

JOHNSON: I don't know that they had a choice. The legislation was what the legislation was. I think the administration was going through, you know, the shutdown negotiations at the exact same time. It was sort of a perfect storm for them. I'm not sure they had much of a choice to delay the web site.

You know, when you're inside of the government you have to obey the laws that Congress sets forth and this was one of them. I think they could have done a better job with the launch. I think that they could have done a better job selecting the people on the inside to work on this project and the people on the outside, the contractors to work on this project.

BOLDUAN: So going forward, of course, everyone knows there's a problem. That's obvious, but how do you fix it? That seems to be almost as difficult of a question to answer. Kathleen Sebelius says they're bringing in a tech surge to try to fix the problem. But there isn't any indication they'll take the site completely down or try to fix it or start it from scratch. How do you fix it? What do you say?

JOHNSON: Well, you know, for me I'm not concerned with how you fix healthcare.gov. I'm concerned with how you fix the system that is costing us literally billions of dollars, which is this procurement system that generates things like healthcare.gov. So you know, what I'd like to see is more of this web site work going to the smaller innovative companies that have proven time and time again that they're able to do the work.

Even when you go to healthcare.gov, the front pages of the web site that actually work and are on, those were built by a small business called Development Seed, not by CGI Federal. They work. It's the big stuff on the back end that doesn't work. But going forward what I'd do is start developing out in the open.

I'd start calling on people to help contribute and to help fix the site using what's called open source technology. That means publishing out in the open, sharing your work with the public so the public can see what's going on.

BOLDUAN: You've made very clear that the system is broken. I think many people would agree with you on that. Besides President Obama, Kathleen Sebelius has really -- is the face of this program and of this web site at this point. Do you think that she is at fault? Do you think one person is at fault for this failing so far?

JOHNSON: When you launch a website like this, you sign what's called an authority to operate. It's a document that says that everything has met requirements and everything is a-OK to launch and whoever signed that document is the person that really needs to fall on their sword here. They are the person ultimately responsible for the success or failure of the web site. I'd be interested to know who signed that document and I'd be interested to know if anybody refused to sign that document.

BOLDUAN: I'd be interested to know if maybe they want to bring you back in and you should be offering suggestions on how to fix it going forward. Clay Johnson, it's great to meet you. Thank you so much for coming in.

JOHNSON: Thanks very much.

BOLDUAN: Of course, interesting perspective. Chris, back to you.

CUOMO: Good points there, Kate, to be sure. Let's take a break on NEW DAY. When we come back, you be the judge. Hear the facts. Officers shoot at an unarmed man a dozen times and injured him. He was in his own driveway, committed no crime. The officers cleared of wrongdoing. Is this justice for Roy Middleton next?

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CUOMO: The attorney for an unarmed man who was mistaken for a car thief and shot at 15 times by police in his own driveway is planning a civil suit, after a grand jury cleared the officers involved. Pamela brown is here with the very latest. Not an easy story to understand from the outside.

PAMELA BROWN, CNN CORRESPONDENT: That's absolutely right. This happened over the summer and the shooting sparked national outrage. Now this incident once again making headlines because the Escambia County officers face no charges in the shooting, but the unarmed man is vowing to keep up his fight to make sure justice is served.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Shots fired.

BROWN (voice-over): Mistaken for a car thief in his own driveway while searching for a cigarette inside his car, an unarmed 60-year-old Roy Middleton was shot at 15 times by two Florida sheriff's deputies.

UNIDENTIFIED CALLER: Someone's trying to steal my neighbor's car.

BROWN: That 911 call set off a chain of events which led to two bullets hitting Middleton's legs, injuries he'll have to live with for the rest of his life.

UNIDENTIFIED MALE: Roy has sustained a severe psychological injury, anxiety, depression. BROWN: Just last week, the same car riddled with bullet holes was vandalized outside his home. The words "dead man walking" and "wild kill" painted on it. This newly released dash cam video shows officers rushing to the scene at around 2:30 a.m. on July 27th. The shooting sparked national outrage and a state investigation.

UNIDENTIFIED MALE: I was getting ready to do what they asked me, raise my hands. And I got shot.

BROWN: Months later, a grand jury declined to charge the deputies with injuring Middleton. Middleton's lawyer says his client is distraught over the decision.

LORENZO WILLIAMS, ATTORNEY FOR ROY MIDDLETON: We weren't surprised. This makes me more determined to seek full justice for Roy.

BROWN: The State's Attorney's Office released a statement that says in part, "The grand jury found insufficient evidence to establish that any criminal violations were committed. Deputies say that Middleton did not comply with their orders and lunged at them with a shiny object. The shiny object turned out to be car keys according to Middleton.

ROY MIDDLETON: Why would I lunged at someone half way down my driveway? I'm going to lunge at them with what.

BROWN: Middleton's lawyer says he plans to file a civil suit against the Escambia Sheriff's Department and the officers for violating Middleton's civil rights.

WILLIAMS: When we put the full light on all of facts in this case, I'm confident that a jury will return a verdict for Roy.

(END VIDEOTAPE)

BROWN: And the Office of the State Attorney says the grand jury met over a three-day period and heard testimony from numerous witnesses before making this decision. The grand jury also returned a report making recommending to the Escambia County Sheriff's Office regarding training and procedures.

CUOMO: Recommendations for training and procedures, that's good. That's the frustration here. It seems like this was a weird twist of the law between citizens as opposed to involving police officers who are supposed to deal with this better. It boggles the mind. It's a very unusual set of facts.

BROWN: It doesn't add up. I think the story will certainly continue.

CUOMO: We'll continue to cover it. Pamela, thank you very much. Appreciate it. Kate, over to you.

BOLDUAN: Thanks, Chris.

Coming up next on NEW DAY, Mariah Carey is on the verge of releasing a much anticipated new single. Nischelle Turner sat down to speak with her one on one.

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PEREIRA: You love Mariah Carey. Don't sit there like a lump. Superstar Mariah Carey topped the charts for more than two decades. She is looking to continue that success with a hotly anticipated new single. That despite a slew of recent injuries that threatened to bring her career to an end, but she will not be stopped. No, she won't. CNN's Nischelle Turner sat down with the diva and was it fantastic?

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: She was great to talk to. She definitely was and Chris will like that outfit so I'm just saying that she was having on.

CUOMO: Don't judge me for the obvious. Don't judge me for the obvious.

TURNER: I caught up with Mariah in her recording studio here in Manhattan last night for a late night interview, like midnight, but those are musicians' hours. We talked about the changes she's making in her life, her advice to young music stars and after fracturing her shoulder how is the road to recovery? We begin though with the new music.

(BEGIN VIDEOTAPE)

TURNER: We'll start with the name, "The Art Of Letting Go." I was thinking about that. Have you learned how to do that? I'm still searching.

MARIAH CAREY, SINGER/SONGWRITER, "THE ART OF LETTING GO": Honestly I was think being the other day and I was like "The Art Of Letting Go," it actually is an art. There is an art to learning how to let go of things in your life, people in your life, people in your life, things that are not good for you, whatever the case may be. As a songwriter I never liked to be too totally specific because I like people to be able to make it about their own life experiences.

TURNER: Why release this on Facebook? It seems like we know the music industry is changing, how music is disseminated is changing but why Facebook?

CAREY: Facebook in terms of my international fans, I realize the importance of being able to have my international fans experience the song as well as my domestic fans.

TURNER: One of the things that I thought was really interesting, you said you felt like this music was going back to your roots, that you were being organic with this music and being true to Mariah.

CAREY: There's an emotion to it. As you listen to the song, I'm starting to finish, you can tell that it's me if it's anybody who has ever met me or been listening to my music over however long. I was 2 when I started.

TURNER: I was with you, 1 1/2.

CAREY: We were both there.

TURNER: You said it. You've been in the business for a long time.

CAREY: I've been in the industry for more than half my life, but music saved my life the minute I learned how to take a melody and make it into, you know, something that also coincided with the lyric.

TURNER: So what advice would you have for those young girls coming up?

CAREY: Well, first of all, I told you I was 2 when I started so I have to advise myself first, listen to the art of letting go. This is about letting go of maybe something that's not right for you, but you just don't know how to make that final move and let go of it, like it's not easy. It's something that you have to learn how to do and I think like we're all still learning.

TURNER: The last time we saw you, you were in a sling.

CAREY: Yes.

TURNER: You still have your hand wrapped. Update how the recovery is going.

CAREY: I fell off something very high and I dislocated my shoulder, fractured my shoulder, fractured the rib areas, this requires a lot of physical therapy so I'm one of those people, I'm very like, I put "Rocky" on and just watched it. But I'm like 90 percent, 95 percent there. This is something that is very new to me and the pain is very new so on every level I can relate to this song "The Art Of Letting Go."

TURNER: Let that pain go.

CAREY: I'm going to try my hardest to call you up and drag you here when we listen to the entire album.

TURNER: Please do.

CAREY: Go to the listening party because I'm trying to make it a party to end all parties.

(END VIDEOTAPE)

TURNER: I will be there and we'll all be there. I'll drag them out. Mariah left her long time manager Randy Jackson and hooked one Jermaine Dure. She did not want to talk "American Idol" or Miley Cyrus. Miss Mariah wanted to talk about Miss Mariah.

BOLDUAN: As she should.

TURNER: We really would like new music from her.

CUOMO: She looks good. BOLDUAN: To say the least.

TURNER: Good, Cuomo.

BOLDUAN: It's morning TV.

CUOMO: Coming up on NEW DAY, Republicans want this woman's head. The president is standing by her. Dr. Sanjay Gupta's exclusive interview with Kathleen Sebelius, the woman at the center of the Obamacare debacle.

BOLDUAN: Also ahead, pet owners beware, new reports of some very dangerous dog treats, hundreds of dogs have already died. A story you'll want to see.

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(BEGIN VIDEO CLIP)

KATHLEEN SEBELIUS, HEALTH AND HUMAN SERVICES SECRETARY: I think there certainly are some challenges. It could be smoother. It could be easier to access.

(END VIDEO CLIP)

CUOMO: Staying put, a CNN exclusive, health care honcho, Kathleen Sebelius vows not to step down amid calls for her resignation. Our Dr. Sanjay Gupta gets answers to the troubled online rollout and how long it will take to turn it around.

BOLDUAN: The hero, new details on the teacher who gave his life to save his students as a young gunman opened fire. We hear from one of the men who knew him best.

PEREIRA: A royal affair, Baby Prince George set to be christened this morning. How will William and Katherine break from tradition this time? We're live from London.

COUMO: Your NEW DAY continues right now.

ANNOUNCER: What you need to know --

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The president put politics ahead of his own program working effectively and easily for hundreds of millions of Americans.

ANNOUNCER: What you just have to see.

(END VIDEO CLIP)

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