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Germany Sending Officials to U.S. Regarding Spy Program; Hearings Continue Concerning Obamacare Website; Doctor Accused of Killing Wife for Mistress; Ohio State to Play Penn State; Woman Rescues Injured Pit Bull

Aired October 26, 2013 - 10:00   ET

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


(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: To all African-Americans shouldn't shop at Barneys. I mean, it was -- it was a hurtful thing.

(END VIDEO CLIP)

Shopping while black. That's the crime two more people say they were accused of at high end New York stores and even Jay-Z has found himself caught in the controversy now.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The American public was dumped with the ultimate cash for clunkers.

(END VIDEO CLIP)

MIGUEL MARQUEZ, CNN ANCHOR: Not the best week for Obamacare -- a website fiasco then a partisan feeding frenzy. Now a fix is promised, but not for weeks.

CHRISTI PAUL, CNN ANCHOR: Imagine hiking up a mountain only to find a dog shot multiple times abandoned along the trail. Andi Davis shares her story live. This one, though, has a happy ending.

Take a nice deep breath. You made it to Saturday. We're glad that you're with us. I'm Christi Paul.

MARQUEZ: I'm not sure that I made it.

(LAUGHTER)

MARQUEZ: I'm Miguel Marquez. It's 10:00 on the east coast, 7:00 out in the wild west. You're in the CNN Newsroom.

First, Germany wants answers from the U.S. about its spying programs and it wants them now.

PAUL: CNN just learned a team of German intelligence officials are soon going to head to Washington, "very soon" is the timeline. Berlin is furious over reports that the NSA listened in on German chancellor Angela Merkel's cell phone calls. MARQUEZ: A lot of Americans are worried about the scale of government surveillance and they're marching on the National Mall in Washington today in protest. CNN's Erin McPike join us now from Washington. Erin, the rally getting underway in just a few hours. How is it shaping up?

ERIN MCPIKE, CNN CORRESPONDENT: That's right, Miguel. It starts in an hour and a half. It is actually starting at Union Station just right outside of the Washington bureau here at CNN. We're expecting thousands of people. There are about 100 groups who are organizers of this rally, and the big names span really across the political spectrum from a Republican congressman, a very conservative congressman at that, all of the way to a very liberal Democrat, a former congressman, Dennis Kucinich, who you may of course remember from some Democratic presidential primaries a couple years ago.

But this rally is more about the personal liberty side of it. The ACLU and others are very angry that the NSA is spying on personal communications. So not as much about the foreign aspect of it, much about more the domestic side and personal freedoms.

PAUL: I know Hillary Clinton did talk about the whole foreign aspect to it with Germany. What did she say?

MCPIKE: I was actually very struck by what Hillary Clinton had to say last night when she was taking questions at Colgate University. She walked a very careful line. Of course as you know, Christi, we're watching very closely to see what she says because she may of course run for president again in 2016. And she added context here by saying that it is important that we have surveillance programs and because of her role as former secretary of state there are things that she cannot say. But she said of course since September 11th, there have been some serious challenges and difficulties and that's why we need some surveillance.

But she also was careful to say that she understands the grief that this has caused foreign leaders and allies. Here's what she had to say about that part of it.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, FORMER U.S. SECRETARY OF STATE: We don't want to cause difficulties for our friends, and Angela Merkel is a great friend, as is President Hollande and others in Europe. They also rely on a lot of the information we gather to protect themselves, so they are great partners with us in surveillance, analyzing information. But I think everybody now says, OK, we have to make sure we're not going too far. And that's the discussion that has to happen in a calm atmosphere.

(END VIDEO CLIP)

MCPIKE: So obviously a big challenge there. Hillary Clinton was essentially saying we need to have a broader conversation about it.

MARQUEZ: All right, Erin McPike for us in Washington D.C., thank you very much.

PAUL: And just a few days ago German chancellor Angela Merkel telephoned President Obama about this spying controversy and she apparently said spying between friends is not done. And now a German intelligence team as we said about to head to Washington. CNN's Jim Bolduan joins on the phone from London. Jim, what do we expect is going to be said in that conversation?

JIM BOLDUAN, CNN INTERNATIONAL CORRESPONDENT: I think the Germans are going to continue to say what Angela Merkel has been saying very publicly, which is you don't spy among friends, and that there is a damage here that has to be repaired.

The most interesting thing here, Christi, is that as we hear obviously there is surveillance between nations even as they are allies. It seems to people here in Europe that what's happened is different. Angela Merkel and other leaders think that their phones were being monitored, and that's the allegation made in "The Guardian" on Friday, that 35 world leaders phones could have been monitored by the U.S. It seems that it gets very personal in that she was thinking her own cell phone was being monitored. And people may not know this. She uses her phone all the time. You see her text all the time. She's on the phone all the time at meetings, so she's very tied to her phone. So you think that there's also something personal here. That's why she wants to make it very clear to the U.S. it is not the EU coming to Washington to talk to intelligence officials. This is Germany coming, and we are your ally.

PAUL: All right, Jim Bolduan, thank you so much for the update.

Let's talk about other news this morning. The standoff punctuated by gunfire. It's over now but not before investigators say the suspect shot three officers and wounded a fourth with bullet fragments.

MARQUEZ: The drama went down overnight in Roseville, California, just north of the capital of Sacramento. SWAT teams surrounding a vacant house where a suspect tried to hide. The shootout started earlier when officers tried to arrest a parolee. Police say he opened fire and ran hopping fences across the neighborhood, ending up in that house. A man says his sister saw the suspect.

(BEGIN VIDEO CLIP)

JOSEPH COX, SISTER WITNESSED OFFICER SHOOTING: She said she witnessed the officer being shot is what she was telling me and the gunman smiled and was taking this like a game and ran off. For a minute she believed they were across the street from her house, and then she saw him jumping fences in her neighbor's backyard. My sister said she turned around and rang and all she saw was he was smiling.

(END VIDEO CLIP)

MARQUEZ: The SWAT team sent in a robot to communicate with Duran and give him orders to surrender.

PAUL: After six hours in the house he did come out and was arrested. MARQUEZ: This morning we have a first for the Food and Drug Administration. The FDA is now taking steps to make animal feed and pet food safer. They are focusing on protecting food from disease causing bacteria, chemicals, and other contaminants. There are currently no regulations, amazingly enough, over production of most animal food.

PAUL: Boy, what a close call for a group of high school students from Kentucky. Look at this video. Look at that. Bus engulfed in flames. Students got out of it just in time before it exploded there on I-75. They apparently were on a field trip to the Great Smoky Mountains and someone noticed smoke at the back of the bus. The bus company suspects a bad alternator. Grateful everybody got out and everyone is safe.

MARQUEZ: That is stunning video. Amazing.

Senator Ted Cruz is in Iowa this weekend for the third time this year fueling speculation he's eyeing a potential White House run, and it sounds like he's on the campaign trail certainly.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ, (R) TEXAS: Growth is foundational to everything else. Every other challenge we have, whether it's unemployment, whether it's the national debt, whether it's maintaining the strongest military in the world, if we have growth, we can do all of it. The way we're going to stop Obamacare, the way we're going to get back to economic growth, it's not going to come from Washington. It's not going to come from elected officials in Washington. It's going to come from the American people.

(END VIDEO CLIP)

MARQUEZ: Of course he won't say if he's running, but he's admitting a few other things, like his dream job being the starting point guard for the Houston Rockets. He also loves movies and video games. But interestingly enough, he hates avocados.

Still to come, Rapper Jay-Z gets caught up in a debate over racial profiling. Why one alleged victim is asking a superstar to break ties with Barney's.

PAUL: Plus a doctor on trial accused of murdering his wife to be with his mistress. Now that mistress is on the stand. Hear what she says about their now not so secret affair.

(COMMERCIAL BREAK)

MARQUEZ: High end New York retailer Barney's is coming under fire after a second shopper comes forward with allegations of racial profiling.

PAUL: Both shoppers claim that they had proper I.D. to make their purchases but were confronted by New York City police officers once they actually left the store. MARQUEZ: And now one of those shoppers is asking for rapper Jay-Z to get involved. Nick Valencia is following the story for us. Nick, why involve Jay-Z?

NICK VALENCIA, CNN CORRESPONDENT: Jay-Z is the self-described best rapper alive, but he's also a businessman and he has partnership with Barney's. He's starting this holiday collection, this high end holiday collection for Barney's. And he's no stranger to social issues. We saw him earlier this year get behind the Trayvon Martin rallies. Now Kayla Phillips, she's a 21-year-old college student, she's black, and she says she was racially profiled after leaving a Barney's store in New York, that four plain-clothes, undercover police officers followed her out, asked her how she got the money to pay for this expensive handbag, about $2,500 for the handbag. She was eventually cleared and let go, but she didn't get an apology and is upset about what happened. Her lawyer is suing for $5 million in punitive damages and they're going after NYPD as well.

PAUL: Now they say there will be a lawsuit. How is Barney's responding?

VALENCIA: Barney's, this isn't the first incident or allegation that the retailer had against them. A 19 year old as well said he went through a similar thing and was detained. They are responding now. We've got a statement from them that reads in part, "No customer should have unacceptable experience described in recent media reports, and we offer our severe regret and deepest apologies. We want to reinforce that Barney's New York has zero tolerance for any form of discrimination." This is a pretty embarrassing event for them. They're responding to it, and a lot of people want Jay-Z to get behind this issue.

PAUL: Has he given any indication he will get entrenched in this?

VALENCIA: He's on a European tour. He was asked on that tour but he didn't respond. It doesn't sound like he wants to offer his views on that. He could lose some of his fan base here for going behind Barney's.

MARQUEZ: He doesn't want speak out before he knows all the facts, certainly.

VALENCIA: We can assume.

PAUL: Nick Valencia, thank you so much. Always good to see you.

MARQUEZ: A key witness takes the stand in the trial of the doctor charged with drowning his wife. The mistress is named Gypsy. Is she a motive for murder?

(COMMERCIAL BREAK)

PAUL: Think about it. It's been almost 20 years since someone killed JonBenet Ramsey, but just released court documents are shedding new light on this controversial cold case. As you may recall, the six- year-old beauty pageant queen was found dead in her home the day before Christmas. That was back in 1996. No one has ever been charged in the case.

We know back in 1999, a grand jury sought to indict her parents in her death. This morning I spoke to James Kolar, the former lead investigator on this case, and he says he does not expect the case to ever be solved and isn't sure why the prosecutor never went after the couple. Take a listen.

(BEGIN VIDEOTAPE)

A. JAMES KOLAR, FORMER INVESTIGATOR, BOULDER DISTRICT ATTORNEY'S OFFICE: I believe a strong look was warranted by investigating the family as a possibility.

PAUL: When you say investigating the family, do you mean specifically the parents or someone else in the family?

KOLAR: There were three people in the home that evening. I think investigators needed to look at all three of them.

PAUL: OK. Do you think -- boy, do you think this case will ever be solved, that we'll ever know?

KOLAR: It's very unlikely unless there's a confession or someone else comes forward that has information that's been shared with them.

(END VIDEOTAPE)

PAUL: Kolar's district attorney declined to make a statement about the case yesterday, but we're told he does plan to publish an op-ed in tomorrow's "Boulder Daily Camera" newspaper.

MARQUEZ: Now, the mistress of the Utah doctor accused of murdering his wife took the stand Friday, giving new details of their secret affair. CNN legal correspondent Jean Casarez was in the courtroom at the Martin MacNeill murder trial. Jean?

JEAN CASAREZ, CNN LEGAL CORRESPONDENT: Christi and Miguel, the courtroom was absolutely packed. Everyone waiting for who prosecutors say was Martin MacNeill's motive for murder, someone by the name of Gypsy Willis.

(BEGIN VIDEOTAPE)

CASAREZ: The much anticipated arrival of prosecution star witness Gypsy Willis at the murder trial of her lover, Martin MacNeill. He is accused of killing his wife Michelle with a toxic mix of drugs after urging her to have a facelift.

UNIDENTIFIED MALE: Thank you. Please be seated.

CASAREZ: Gypsy told the jury the two met online in 2005, a year and a half before Martin allegedly killed his wife in the master bathroom so the two could be together.

UNIDENTIFIED MALE: Did the relationship become sexual?

GYPSY WILLIS, MACNEILL'S MISTRESS: It did.

UNIDENTIFIED MALE: When was that?

WILLIS: I think that was in January of 2006.

UNIDENTIFIED MALE: And how often were the two of you having sexual relations?

WILLIS: We would see each other a couple times a month. There were months we didn't see each other. It was a very casual thing. It was whenever we had time and it could be arranged. I think we probably had sex half of the time. Sometimes it was just lunch.

CASAREZ: Their hidden relationship became more serious with time, she said, Martin arranging an apartment, a debit card, and even helping pay for her nursing school. She told the court just a month before Michelle's death she even turned away a potential suitor because their affair had become so intense. This is what she told him.

UNIDENTIFIED MALE: And in that letter you said a very good and best friend of mine has recently become much more than that.

WILLIS: That's correct.

UNIDENTIFIED MALE: What was the date of this e-mail?

WILLIS: March 6th.

UNIDENTIFIED MALE: Of what year?

WILLIS: Of 2007.

UNIDENTIFIED MALE: So on March 6th of 2007, you e-mailed another suitor and said a good and best friend has become more than that and because of that it would be inappropriate for the two of you to meet?

WILLIS: Correct.

CASAREZ: As texting and phone calls increased, the couple did their best to keep their relationship secret, she said.

UNIDENTIFIED MALE: Why would he not call you from his cell phone?

WILLIS: This was a very informal, discrete thing. We were not interested in other people knowing. I think he was trying to keep it quiet.

CASAREZ: Gypsy attended Michelle's funeral, and days after that Martin introduced her to the family, bringing her in for an interview to be the nanny. Family members knew immediately this was more than just a professional relationship.

UNIDENTIFIED MALE: When did you become aware of that?

RACHEL MACNEILL, DEFENDANT'S DAUGHTER: It was very apparent just shortly after my mother's death. It just was obvious that she was goo eyes at my dad and wasn't doing anything a nanny would do.

CASAREZ: Gypsy felt otherwise. She thought she was welcomed by the family.

WILLIS: I think Martin was asking me questions and I just kind of introduced myself and told them a little bit about my life and background.

UNIDENTIFIED MALE: Was there any question you were going to be hired as the nanny?

WILLIS: I don't believe that Martin would have had me come and help if his children objected strongly to me.

(END VIDEOTAPE)

CASAREZ: As the trial continues, Gypsy Willis will return to the stand to testify more about their relationship. Also, two daughters of Martin MacNeill, and finally prosecutors will put federal inmates on the stand that Martin told them that he killed his wife but made it look like an accident. Miguel and Christie, back to you.

MARQUEZ: The trial resumes on Tuesday.

PAUL: And you have been there watching it. How is he reacting? We just see a stone face on him on all video that comes in.

MARQUEZ: He is fairly stone face for the entire thing. He does try to make eye contact with a jury as they come in. He says hello. There's a lot of head nodding. But when his daughter, Rachel, got up, and the first moment they asked who is that man there, she started crying and he started crying. It is amazing to see how this family is being ripped to shreds. His had his son Damien, who killed himself in 2010 because of this. It's just unbelievably sad.

PAUL: We'll follow this as we get back to it later this week.

But this morning you might be trying to get health insurance, right, by going on the government's new website. It is slowly getting fixed, but Health and Human Services Secretary Kathleen Sebelius remains under fire just days before she testifies before Congress.

(COMMERCIAL BREAK)

PAUL: In case you're just lounging, it's about 10:30 on a Saturday morning here in the east.

MARQUEZ: I want to be lounging.

PAUL: You will be in half an hour. I'm Christi Paul. We're glad you're with us.

MARQUEZ: And I'm Miguel Marquez. Bottom of the hour now. Here are the five stories we're watching this morning.

PAUL: Police in California used a robot to communicate with a suspect and convince him to surrender. Federal agents tried to arrest Samuel Doran but they say he took off and he took off shooting. Four officers were hit by bullets or bullet fragments. Doran eventually ducked into an empty house and held police off for six hours. Not clear why agents wanted to arrest him, but we do know that he was or parole.

MARQUEZ: Number two, in just a few hours, a big rally set to get under way in Washington. Thousands of people are expected to protest the NSA's controversial surveillance programs. Many say the snooping has to stop. Meanwhile, Germany plans to send an intelligence team to Washington very soon over allegations the NSA listened in on German chancellor Angela Merkel's phone calls.

PAUL: Number three, 12 year old Payton Roman appeared in court, Friday. She's one of two minors accused bullying Rebecca Sedgwick to death. The 12-year-old killed herself after being taunted on her cell phone and online. Roman is facing charges of felony stalking. She's expected to enter a not-guilty plea this Tuesday.

MARQUEZ: American Airlines has been fined more than $1 million because of delays that kept passengers stranded on the Chicago airport tarmac for hours during 2012. The Department of Transportation says the fine is one of the largest of its kind and comes from new rules regulating how long planes can stay on the tarmac.

PAUL: Number five, Toyota has agreed to pay $3 million to the driver and the survivors of a passenger killed in a 2007 Camry crash. The driver says the accident was caused when the car accelerated on its own. The jury in the case found the car maker liable of "reckless regard for public safety," and they awarded more money in punitive damages as well.

MARQUEZ: Kathleen Sebelius goes before a House committee next week. The Health and Human Services Secretary will try to explain why the Obamacare website is giving everyone fits.

PAUL: The administration promises healthcare.gov will be operating smoothly by the end of November. If this past week's hearing is any indication, Sebelius is facing a bumpy time.

(BEGIN VIDEO CLIP)

REP. TIM MURPHY, (R) PENNSYLVANIA: And $500 million later we find the American public has been dumped with the ultimate cash for clunkers, except they had to pay the cash and still got the clunker.

REP. FRANK PALLONE JR., (D) NEW JERSEY: I would just ask my Republicans, let the goal here be to fix it and not nix it. And if that were your goal I'd feel very good about this hearing. But I don't see that happening.

(END VIDEO CLIP)

MARQUEZ: Let's talk to our two political gurus. Maria Cardona is a CNN political commentator and Democratic strategist. Amy Holmes is the anchor of "The Hot List" on Blaze.com. They are across the political divide but they are together in their choice of color today.

(LAUGHTER)

AMY HOLMES, ANCHOR, "THE HOT LIST": And we're gurus.

MARIA CARDONA, DEMOCRATIC STRATEGIST: We can agree on something.

MARQUEZ: So this week's hearing before the house energy committee saw the contractors who set up healthcare.gov pointing at each other, basically, the Obama administration. Once the website is fixed, does it matter? It's just a portal basically.

HOLMES: Well, you know, the administration and Democrats like to say that, but there is something called the death spiral. And if the portal doesn't work, if it can't get young, healthy people to sign up through the website, then what you have is an insurance rate increase in premiums that results in death spiral, and only gets worse year after year. So Democrats who want Obamacare to work should certainly want Obamacare to work.

PAUL: Maria, what's your take?

CARDONA: I think if the website works, and it certainly needs to, and we heard this week that it will be working a lot smoother by the end of November, this will be just a faint memory, because I think the focus needs to be about the law. And the law right now is giving and will continue to give the hundreds of thousands of people who don't have health care currently the health care that they so desperately want.

And people love to say that even the young people out there don't want to sign up because they think they're healthy and they never think they're going to get sick. People who don't have health insurance today, including young people, do want to feel secure. And if they see a chance to get health care at low rates, they're going to take it. but I agree. The website needs to be fixed or we'll lose the chance to get them.

PAUL: Let's move to this. A judge in Texas, a Republican, he announced he'll run for reelection as a Democrat. Take a look.

(BEGIN VIDEO CLIP)

JUDGE CARLO KEY, BEXER COUNTY, TEXAS: Make no mistake. I have not left the Republican Party. It left me. I cannot tolerate a political party that demeans Texans based on their sexual orientation, the color of their skin, or their economic status.

(END VIDEO CLIP)

PAUL: All right, so let me ask you, Maria, do you trust him? Would you vote for him?

CARDONA: I think he hit the nail on the head, Christi. So he's not only right in his decision, he is right in his realization that being too far to the right is wrong for Texas and wrong for the country. And I think that's the point that he's making, because I think a lot of mainstream Republicans are feeling like that these days. It's the reason why you see the approval rating not just for the Republican Party at historic lows but specifically for the Tea Party. They have an approval rating of 21 percent. Most Americans, including most Republicans, want to see solutions from their leaders, want to see compromise, which is anathema to the exact same people that this judge is talking about.

PAUL: Amy, what do you think of the tactic?

HOLMES: Look, I don't know this judge or this politician and who he's up against and why he might have decided to switch parties, if it was because he saw that was the best path to re-election. But I do know that Texas has a Republican governor, two Republican senators, and that Texans are very happy to be represented by the Republican Party.

As for slurs on the Republican Party that he wants to pitch them and narrow minded or bigoted or what have you, I think that's pandering. I don't think it's fair. But again, I don't know Texas politician. Maybe he'll win. Maybe he'll lose. We'll see if it works.

MARQUEZ: It's all bigger in Texas. Speaking of a big personality, Sarah Palin is back. Her Christmas book "Good Tidings and Great Joy, Protecting the Heart of Christmas" comes out next month. She'll be on tour and all over your television promoting her book and speaking her mind. Is this good or bad for Republicans?

HOLMES: I think everyone should protect Christmas.

MARQUEZ: I want to protect my presents.

HOLMES: I mean, look, Sarah Palin is a nationally known figure, obviously, and she has a fan base, and if she wants to sell books and DVDs, CDs, music videos, iTunes, the best of luck to her.

CARDONA: I love the title of her book because it certainly brings great tidings and great joy to all Democrats whenever Sarah Palin comes into the mix.

MARQUEZ: Ouch.

CARDONA: On national politics. I will leave it right there.

HOLMES: So will you be buying, is that what you're saying, Maria?

CARDONA: I might just buy her book. It brings me that much joy that she's back in the national spotlight.

PAUL: You realize that Amy will make you bring the book and prove you bought it next time. It's always good to see both of you ladies. Thank you.

MARQUEZ: Thank you.

CARDONA: Thank you.

MARQUEZ: If you feel like winter is coming on this year a little early, it's not just you.

PAUL: Parts of the eastern U.S. is frigid today, and a lot of us wonder, this is October. Is this the start of how it's going to be from now on? CNN's Karen Maginnis is in Atlanta's Piedmont Park. How long is this going to last? Is this it? We're in full?

KAREN MAGINNIS, AMS METEOROLOGIST: No. Actually we're going to be warming up rather nicely with temperatures running about 10 degrees above where they should be. But last week we did see the dip in the temperatures. It was looking pretty grim as far as a rebound is concerned.

But we did see temperatures running about 5 to as much as 20 degrees below where they should be for this time of year. But for Atlanta here at Piedmont Park, they have lots of vendors. It's a farmer's market, unique gifts, homegrown, lots of activities going on. There is a puppy parade that will begin here fairly shortly, and hopefully at our next -- when we next come up in the next hour, we can show you the winner of the puppy parade. They're supposed to be dressed up for Halloween.

I was talking with some of the vendors and they were surprised at just how cold it was this morning.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: My gosh. We were at our farm and it was 19 degrees this morning. It was really super cold, unexpectedly cold. I thought it would be in the low 30s but didn't think 19.

(END VIDEO CLIP)

MAGINNIS: Well, for the eastern seaboard, as I mentioned, it will warm up. The flip side of that is a big dip in the jet stream across the interior west. We've got a major winter storm brewing from Montana and into the four corners over the next two to three days. Christi, Miguel, we're not finished with winter just yet in spite of the temperatures warming up to 50s and 60s in the east.

PAUL: All right, thank you so much, Karen. Appreciate it.

A woman who admits she was scared of pit bulls rescued one and actually carried it down a mountain after it had been shot several times. She is joining us next to talk about that story and what happened to that dog.

(COMMERCIAL BREAK)

PAUL: I don't know if you know this, but today is national pit bull awareness day, and to their owners pits are loving and loyal breed. Not everyone sees it that way. When Andi Davis came across an injured pit bull on a hiking trial, she was cautious herself. Rather than leaving the animal to die there, we know he had been shot, she picked up this 47-pound dog and hiked out with him.

She's now fostering and plans to adopt the pit bull her family has named Elijah. Andi Davis joins us now via Skype. Andy, we're so glad that you're with us. We can see him right there. I want to show the viewers the picture of Elijah from when you first found him. Was he alive? Could you tell he was alive?

ANDI DAVIS, RESCUED WOUNDED PIT BULL: The first moment I laid eyes on him my first thought was that the animal wasn't alive, and then I noticed movement when he looked at me, didn't raise his head. And he began to shake. I really thought he was going to die right then.

PAUL: Did you have any reservations about picking him up? You said he was at the top of a mountain. This could not have been easy to get him down.

DAVIS: I hiked three different peaks. That is honestly the highest one. I looked around. I happened to be the only one on the mountain that morning. I wasn't sure what to do at first. I knew that an injured animal can often bite you if you try to help. But once I offered him a little water, he kind of looked up and I covered him with my jacket and eventually he let me pick him up. He was just so sweet. He needed help so badly. So that's why he allowed me to carry him I'm sure.

PAUL: So what was wrong with him? Do we know his back story at all?

DAVIS: We do. At the time I knew there was a problem with his front left leg. I thought it was either broken or shoulder dislocated. He couldn't use it at all. He was also dehydrated and starving. By the end of the ordeal, we decided the only place we could take him quickly would be the Arizona Humane Society, and they have been amazing. It was just -- we waited for the vet to see him and they were even surprised once they took x-rays, they found he had been shot just right in that area, so it went in and bullet shattered near his shoulder and fragments are still inside of him lodged next to his spinal cord. And they just felt it was best not to operate because that would perhaps cause more problems than anything.

PAUL: I know that -- I understand that pit bulls we know have a reputation for being nasty. What has your experience been with him, and did you have any concerns about that?

DAVIS: I absolutely did. We are dog lovers and we have three dogs of our own. But we weren't going to adopt another one, and honestly I would have had to admit that pit bull wouldn't have been on my choice list. I have had several encounters with them because I'm an avid hiker and jogger, and seemed like most of the time that I would have problems with dogs it would be from unleashed pit bulls. So I honestly had a huge fear of them.

PAUL: You have three other dogs and a daughter. At what point did you say this dog needs to be part of my family?

DAVIS: Honestly my heart just went out to him. I had an entire hour alone with him on that mountain. The dog was not one that -- it was just him. The first moment my daughter saw him when my husband and daughter drove up to rescue us, he just looked at her and that was his first sign of real life. He gave her a kiss. He just immediately entered our hearts. We talked to people at the Humane Society a lot more. We did a lot of research on our own. We all had such a different feeling about this. We just knew we had to do something to save his life.

PAUL: He's just a big old baby, we can see there. We want to thank you so much for rescuing him. And we're so glad that he's in a safe loving place now. Congratulations to you on extending your family this way. I'm just going to say, Miguel, because Miguel and I both came from Phoenix before we were at CNN, kudos for the folks at the Humane Society there as well. We got both of our dogs from the Humane Society there.

MARQUEZ: Crazy story.

PAUL: We love Phoenix. Thank you.

MARQUEZ: I want to know who shot that dog. Poor little guy.

Halloween is just a few days away. So when Spiderman walked into a classroom it was no big surprise, until one student saw who was behind the mask. I love this. You'll see it coming up next.

(COMMERCIAL BREAK)

PAUL: It's probably one of the last places you think about buying or selling a gun, but you can do either on Instagram, that photo sharing site owned by Facebook. Instagram has no specific policy on firearm sales. Post a picture of your gun with the information. Last hour our guest told us it's legal to sell a gun on Instagram so long as the parties abide by federal and state laws. But that's not easy to monitor.

(BEGIN VIDEO CLIP)

MARK GLAZE, EXECUTIVE DIRECTOR, MAYORS AGAINST ILLEGAL GUNS: When people are able to completely and anonymously buy and sell guns, when a large number of people in this country are not allowed to own those firearms but can simply go on Instagram and buy a gun from a private seller and has no obligation to perform a background check and may not want to, that they are inevitably going to be putting guns into the wrong hand.

JOHN LOTT: In 17 states if you have transfer of guns between private individuals, if they go and do it without going through a background check there, that's a crime. And they can go and get arrested for those things.

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PAUL: By the way, it's worth noting sites such as eBay and Craigslist do not allow firearm sales.

A reminder of our nation's ugliest outbursts of gun violence is being erased in Newtown, Connecticut. Look at contractors here who began tearing down Sandy Hook Elementary School this week. The demolition is expected to take several weeks. Workers are asked to destroy all of the materials there. And 20 children and six adults were killed in a shooting there last December. A new school is expected to open in about three years, Miguel.

MARQUEZ: Thanks very much. Malcolm Gladwell is known for trying to change how you view everyday life. He's the author of the bestselling book "The Tipping Point," and he's out with a new book that could forever change how you look at the most famous stories in the world.

FAREED ZAKARIA, CNN HOST, "FAREED ZAKARIA GPS": Christi and Miguel, we all know the Biblical story of David and Goliath. It was classic example of how an underdog cn with the fight, except maybe not. I spoke with Malcolm Gladwell, and he has a different take on this age- old tale. Listen in.

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MALCOLM GLADWELL, "THE NEW YORKER": The sling that David has in his hand is not a child's toy. It is one of the most devastating weapons in ancient warfare. David has superior technology. Once he decided to break the rules, he's the guy in charge. And then there's Goliath, with all of these hints in the biblical story of Samuel that Goliath is not what he appears to be. This is where rabbis come in. The rabbis have been putting this out for years. He doesn't sound like a big, terrifying warrior. He's led down on the floor by an attendant. He moves really slowly. It takes him forever to figure out that David does not intend to fight him in a sword fight. And he says strange things as if he's not perceiving the situation properly.

And all of these endocrinologists have solved the puzzle by saying, look, he sounds like a guy with a tumor on your pituitary gland that causes overproduction of human growth hormone, which is why he's so big, but also often has the side effect of restricting your optic nerves. Goliath can't see.

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ZAKARIA: It turns the tale upside down, doesn't it? Food for thought. It's all part of Malcolm Gladwell's new book, "David and Goliath," and he talks about it on "GPS" this week.

MARQUEZ: Very cool. Join Fareed tomorrow morning for "Fareed Zakaria GPS" 10:00 eastern.

PAUL: We just got to show you this. Halloween we know coming up. One Iowa dad is early, but give him a pass. He has a really good excuse. Sergeant First Class David Worth traded his fatigues for a Spiderman costume to surprise his daughter, Jesse, at school. He just got home from a deployment in Afghanistan. She has no clue he's back. And then the mask comes off and the tears come out. Look at that. We think even the sergeant got a little misty there. Boy, welcome home. Thank you for all of you do we say to the Sergeant Worth, and we hope you have good days there with your daughter and your family.

MARQUEZ: I love those stories. Next on "CNN Newsroom," a very good friend Carlos Diaz rolls in on the rivalry express bus with a preview of all today's big games. CARLOS DIAZ, CNN CORRESPONDENT: I have an experiment I want to do here. O-H!

UNIDENTIFIED MALE: Ohio!

DIAZ: It happens every time. These are fans we have at Ohio State. Coming up, a rivalry express preview, Penn State taking on Ohio State. We are live from the Ohio State University coming up.

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MARQUEZ: The rivalry express bus is on the road checking out game day scene across the country.

PAUL: And this week's stop, Columbus, Ohio, countdown to tonight's game between Penn State and OSU. Carlos Diaz joins us live with more. O-H!

DIAZ: I-O! Christi, it's as cold as you remember it. It's in the upper 30s. The wind is gusting here at Ohio. That's the way you should play football in the fall with leaves changing. You have Ohio State taking on Penn State. These two teams met 101 years ago for the first time back in 1912. Penn State won that game. Last year Ohio State won and Ohio State leads the series since Penn State joined the big ten. It's a big game here at the horseshoe. Ohio state ranked fourth in the nation looking for a national championship.

Let's shift gears and go to baseball. Game three of the World Series tonight in St. Louis. We have major shift in attitude because even though we're tied at one, the Cardinals might have the advantage because we're going to a National League Park, that means no designated hitter. And that means David Ortiz will be in the field playing first base tonight for the Boston Red Sox. Of course that is a big advantage for the Cardinals because he's not used to playing out there in the field. And basically when you talk to Jake Peavy, who is Boston's starting pitcher, he says the risk is worth the reward to have big poppy in the lineup tonight.

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JAKE PEAVY, BOSTON'S GAME THREE STARTER: David is a game changer. He's as clutch as anybody that I can remember playing with or against. It just seems like he has a flare for the dramatic. When the situation is the biggest he's at his best. And glad he's on our team.

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DIAZ: From World Series baseball to preseason basketball, all of that talent for nothing -- getting a cookie in his mouth without using your hands or anything else just to get a seat upgrade. This Milwaukee Bucks fan could be a candidate for stupid human tricks. There's a kicker. No one expected last night's game which was more like a slip and slide tournament. The players could not stay on their feet because it's a brand new court they have in Milwaukee. So at the 5:58 mark of the first quarter, officials decided to cancel the game with score 14-9. Everybody was sent home. But don't worry. The fans will be able to get a refund and go to a game later in November so they won't be gypped out there. Back to you guys in the studio.

PAUL: Carlos, have fun today. I'm jealous. That will do it for us today. So glad you spent some of your morning with us.

MARQUEZ: But do not move because right ahead is CNN Newsroom. We turn it over to our colleague, Fredricka Whitfield. Fred, take over.

FREDRICKA WHITFIELD, CNN ANCHOR: Do not move. All right, thanks so much. All right, knuckle punch back to you. Thanks so much. Have a good day, guys.