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Standoff Ends, 4 Officers Wounded; Anti-NSA Rally in D.C. Today; Barney's Accused of Racial Profiling; Police: Teen Killed Ritzer with Box Cutter; White House: Obamacare Site's Flaws Not Fatal; FDA Tackling Pet Food Safety for First Time

Aired October 26, 2013 - 07:00   ET



UNIDENTIFIED FEMALE: I thought it looked so all African-Americans shouldn't shop at Barneys. I mean it was - because it's a hurtful feeling.



CHRISTI PAUL, CNN ANCHOR: 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.

UNIDENTIFIED MALE: Our competition is different. They're confused.

MIGUEL MARQUEZ, CNN ANCHOR: Not according to some analysts with four new devices on the market, Apple may be making a lot of noise in the U.S., so why are they so quiet overseas? Is the Steve Jobs' mojo gone from Apple?

PAUL: There's a new leading map for "50 Shades." And why did Jake Gyllenhaal get so skinny?

Plus, why is a movie staring Johnny Knoxville as a grandpa set to sweep this weekend's box office? That's coming up in the E-block.


PAUL: It's 7:00. You're up early for a Saturday, but we're so glad to have your company. I'm Christi Paul.

MARQUEZ: And I'm Miguel Marquez. Good morning. It's 7:00. This is NEW DAY SATURDAY.

PAUL: It's breaking overnight -- a standoff littered with pop, pop, pop -- gunfire. It's all over this morning, fortunately, but not before investigators say this suspect shot three officers and wounded a fourth with bullet fragments.

MARQUEZ: It all went down overnight in Roseville, California, just north of the capital of Sacramento. Heavily armed SWAT teams surrounded a vacant house where suspect Samuel Duran tried to hide. The shoot-out started when officers tried to arrest Duran, a parolee.

PAUL: Police say he opened fire, ran, hopped fences across the neighborhood, ending up in a house. A man says his sister actually saw the guy.


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

From what my sister said bang and she turned around and ran and just like in that split second all she saw was he was smiling.


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

PAUL: After about six hours in the house, he did come out and he was arrested.

MARQUEZ: There's a lot of fallout this morning over the government's controversial spying programs. Thousands of protesters are expected to rally in Washington later today. CNN will bring that to you live.

PAUL: But celebrities and politicians already have a lot to say about it. Take a listen.


PHIL DONAHUE: Painted a disturbing picture of widespread suspicion- less surveillance of American citizens.

REP. JOHN CONYERS, JR. (D), MICHIGAN: We got a wake-up call just recently.


PAUL: That is from the new public service announcement denouncing NSA surveillance tactics. World leaders are upset about this as well.

CNN's Erin McPike joins us live from Washington.

OK, Erin, what do you know first of all about the rally today?

ERIN MCPIKE, CNN CORRESPONDENT: Well, organizers are saying that this is the largest rally yet against NSA surveillance. There are about 100 organizers. Now, there will be half a million people there, but they are saying they are going to hand over half a million petitions to Congress to tell them to stop this kind of mass surveillance.

Now, it's going to be a very motley crue of big names. We're seeing names across the political spectrum, including a very conservative Republican congressman by the name of Justin Amash and there's also former Congressman Dennis Kucinich, who, of course, is a very liberal Democrat.

MARQUEZ: Erin, this puts the administration in a very tough spot because anything they admit to, tells the world how we actually go about spying. How is the administration responding to all of this?

MCPIKE: Well, Miguel, there's some degree of remorse coming from the administration and I want to play for you a comment from Jen Psaki. She's the spokeswoman for the State Department. Here's what she had to say about this yesterday.


JEN PSAKI, STATE DEPARTMENT SPOKESWOMAN: It's no secret that over the last few months, a series -- these unauthorized disclosures of classified information have, of course, led to criticisms of our intelligence activity by many of our friends and partners. It's created significant challenges in our relationships with some of our partners and has been, of course, a public distraction as you saw over the last couple days.


MCPIKE: -- has ordered an internal review of some of these practices and Lisa Monaco, who is an adviser to him, put out a statement yesterday sort of defending this, but also expressing some remorse as well. Here what's she had to say, "Today's world is highly interconnected and the flow of large amounts of data is unprecedented. That's why the president has directed us to review our surveillance capabilities, including with respect to our foreign partners. We want to ensure we are collecting information because we need it and not just because we can." Miguel?

MARQUEZ: That makes a heck of a lot of sense.

Erin McPike, thank you very much.

Now, the White House hopes it's getting closer to getting the bugs, lots of bugs, out of the Obamacare Web site. An official says the site should be running smoothly by the end of next month. Of course, that's too late for Americans who tried to uses the site only to give up in frustration. The Feds have hired an outside company to fix the site. President Obama says no one is more annoyed by the Web site's disastrous Web site than he is.

Well, bundle up if you're in the East and heading out soon. It's a little -- we keep talking about this. It is cold out there.

PAUL: When you see the sun out you think how bad is it? Because it is sunny in some places. When the temperatures are in the 30s -- are you going to sing for us?

MARQUEZ: The wind is blowing -- but I will weather the storm Christi Paul. PAUL: I know you will.

I know not everybody is so lucky. They're actually seeing snow this year already.

Look at this video from Ohio. Remember people, it's October! And what I feel bad for, I feel bad for those families and the kids that want to go out in their costume and they have to find a way to do it, like put it over the coat. I do remember those days in Ohio.

CNN's Karen Maginnis, she drew the short straw today, she's outside.

Oh, Karen. Winter is still eight weeks away?

KAREN MAGINNIS, AMS METEOROLOGIST: It is, and we had a brief period of fall around here, but we have quickly jumped into what feels like winter temperatures and much of the Eastern Seaboard saying an early frost, freeze advisories.

Let's go ahead and show you some 17 states now reporting frost and freeze advisories and up and down the Eastern Seaboard, all the way from Philadelphia to Richmond into Charlotte, into Columbia, South Carolina, Montgomery, Alabama.

Well, in the forecast, there's an area of low pressure that's sweeping across the Great Lakes on the backside of that, more cold air blowing in, so Minnesota, Dakotas, it will be brisk, temperatures very cold, but along the Eastern Seaboard, you will see the sunshine, but those temperatures not going to be warming up terribly much.

The temperatures that we're seeing overnight or early this morning may not be record-setting temperatures, but they are exceptionally early. Boston, reporting 38 degrees right now. Philadelphia, 39. Into the Southeast, Birmingham, Alabama, 34, 28 in Charlotte. Charleston, West Virginia, reporting 31, and Louisville, Kentucky, 32.

And yesterday, in Jackson, Kentucky, they saw the first snowfall ever for the date of October 25th. They have never recorded snow on that date. So, a lot of people seeing this deep freeze or the exceptionally cold temperatures very early.

And, Christi and Miguel, you may remember, just about a month or so ago, in North Dakota, some folks saw as much as four feet of snowfall and we thought, oh, that's North Dakota, South Dakota, but no, now we're seeing the reinforcing cold air is all the way across the Deep South but we've had some runners this morning, Miguel, so I just want you to know they're wearing hats, gloves and long johns.

So, I don't think you did that in L.A. yesterday.

MARQUEZ: No, no. Sensibly so as well. Glad to see you out there. Thank you for keeping up with it for us. The gloved and jacketed Karen Maginnis, thank you.

PAUL: Karen Maginnis, doing it stylishly.

MARQUEZ: That was great.

Still to come on NEW DAY: allegations of racial profiling at New York's Barneys have become a headache for rapper Jay-Z. Now, the superstar is being pressured to back out of a major deal.


PAUL: Have you heard about rap superstar Jay-Z getting some unwanted attention lately, landing in the middle of a battle over racial profiling, following two alleged incidents at New York's Barneys.

MARQUEZ: Jay-Z has a deal to launch a holiday collection with the retailer next month and now he's under pressure to cut all ties with the store.

Nick Valencia is following the story for us.

What's going on here, Nick?

NICK VALENCIA, CNN CORRESPONDENT: Well, he's no stranger to social issues. Jay-Z and his wife, we saw him at Trayvon Martin rallies earlier this year. He's now caught up in another social issue and he's preparing to launch a high-end holiday collection at Barneys, but there's a lot of people asking the rap mogul to reconsider.


VALENCIA (voice-over): Next month, Jay-Z is set to sell a new fashion line at barneys, but a petition is calling for him to end all partnerships with the New York retailer, that's because a second African-American college student has come forward to allege racial profiling, saying undercover officers stopped and questioned her after she bought a $2,500 Celine bag at Barneys New York.

KAYLA PHILLIPS, SAYS SHE WAS RACIALLY PROFIELD AT BARNEY'S: I had good intentions. I went and bought my favorite bag. I wanted this bag. I deserved that bag.

And then to find out, you know, I'm being accused of using someone else's card, I just really felt demeaned.

VALENCIA: Twenty-one-year-old Kayla Phillips came forward after 19- year-old Trayon Christian made headlines claiming he, too, was racially profiled, after purchasing a Ferragamo belt at Barneys in April.

Both shoppers want damages from the store and the New York Police Department.

TRAYON CHRISTIAN: Undercover cops that have regular clothes on stopped me from the left side and asked me, I got a call from Barney saying your card is not real.

VALENCIA: In a prepared statement, Mark Lee, CEO of Barney's New York, said, quote, "No customer should have the unacceptable experience described in recent media reports and we offer our sincere regret and deepest apologies. We want to reinforce that Barney's New York has zero tolerance for any form of discrimination. Our mission is to ensure all customers receive the highest quality service without exception."

The New York Police Department says it's investigating the incident.

Jay-Z's representatives have not commented but Kayla Phillips hopes they do.

PHILLIPS: When he hears about it or when he gets involved in it, he knows it's not right and he will make the right choice.

VALENCIA: And Jay-Z isn't the only star caught in the middle of a high-end store controversy. "Treme" star Robert Brown filed a lawsuit this week against Macy's. Brown says he, too, was the victim of racial profiling. He says police accused him of using a fake credit card and detained him back in June.


VALENCIA: And for its part, Macy's says it is investigating but it doesn't comment on ongoing litigation. Let's get back to that petition, guys, only 5,000 signatures. So, there are arguments to be made for him to back out of this but it's still not the groundswell movement.

PAUL: It had to have been a huge deal for him to take.

VALENCIA: Sure, yes.

PAUL: So it will be interesting to see if he fights any of this.

MARQUEZ: Well, for New Yorkers and many cities across the country, it really puts that back in the spotlight again.

VALENCIA: The attorneys for one of them saying this is shop and frisk. These two that are making these allegations were stopped as they left the store. They had made the purchases, leaving the store and, you know, attacked, they say, by undercover cops. This is a big deal socially.

PAUL: That's what makes it tough, so the store has said you bought it, we cleared it, you're good to go.

VALENCIA: And now, Jay-Z, 99 problems, this is one of them, huh?

MARQUEZ: Fashionistas rise up.

PAUL: Nick Valencia, thank you so much.

Still to come on NEW DAY, they might be your golden years but a lot of older Americans find themselves starting off in the red. Startling new study about your life in retirement.

MARQUEZ: Plus, Apple debuts two new iPads, but are they just more of the same? We'll get an expert opinion on what's innovation and what's just hype.


PAUL: You hear all that change dropping, it's "Money Time" on NEW DAY.

So, we want to get a check of the week on the Wall Street. Markets shrugging off any leftover concerns over the government shutdown it seems.

MARQUEZ: At least for this week. The Dow gained 61 points on Friday, up about a percent for the week and the S&P closed at an all-time high on Friday, which is good news for your 401(k).

And speaking of that, a new study found more and more Americans could be entering their retirement years in the red. A firm called Hello Wallet looked at people who have already -- who already have accounts like 401(k)s. They found a majority in their 40s and 50s are still racking up debts when they should be focused on saving dough and retirement, which could mean a lower standard of living in your golden years.

PAUL: And JPMorgan has agreed to pay $5.1 billion, yes with a B, to settle claims that the bank and other firms it owned misled Fannie Mae and Freddie Mac about home loan securities that it sold during the housing boom.

This is part of a larger settlement expected to top $13 billion.

MARQUEZ: And Apple giving you two new choices if you're in the market for a tablet computer. This week it unveiled the lighter, thinner, faster iPad Air. The tech giant has also revamped its iPad Mini.

PAUL: The changes, of course, come as Apple faces increased competition in the tablet market and questions about its relevancy as customers looked at cheaper alternatives. Apple downplays that threat, though, but take a look at the numbers here.

According to global marketing firm IDC, Apple's control of the tablet market dropped from 60 percent in 2012 to 32 percent right now, 50 percent drop.

I want to bring in CNET editor, Tim Stevens.

Tim, thank you so much.

Apple's new iPad Air, I know may be thin and really fast -- but what about it is really new for consumers?

TIM STEVENS, EDITOR CNET: Really, there's not a lot that's honestly that new about it. It is faster and lighter and thinner, which are nice upgrades for sure.

The biggest change, I guess, is that it looks new. Last year when Apple introduced the fourth generation iPad it looked like the generation before which looked exactly like the generation before it too.

So, if consumers looking for something truly new, it was difficult to show off they bought a new tablet. But we are seeing consumers resonate with things better that look new. And this one does like a new tablet. So, I think that should help them to some degree. There isn't really any new functionality added here. The typical annual updates that we've come to expect.

MARQUEZ: So, is it an innovation issue for Apple? I mean, I have my iPad here and I can't imagine giving it up at the moment for what I see out there. Is it just increasingly difficult to innovate in this competitive world?

STEVENS: Tim Cook has said that innovation is not about change, it's about improving quality and, ultimately, that's what Apple has been focused on this year, increasing the quality of their devices and making them smaller and lighter and faster. And that's ultimately what we're seeing with the iPad Air.

But, certainly, there are a lot of consumers out there expecting things that are a little more different, radical, much larger devices or much larger battery life, things with the stylus or other interesting functionality. That's what Apple needs to look at next year, they try to capitalize on this increasingly growing market and try to catch up with the other competitors like Samsung who are doing much more interesting things with their devices these days.

PAUL: Well, remember, people at the same time, they're concerned about cost and are they going to get something new or some competitors out there that may give them a better price? What is Apple possibly doing wrong here?

STEVENS: Apple has been focused on higher priced devices with high margins. They're ultimately offering these aspirational devices that are quite a bit more expensive than the competition. You can get a great Android tablet fro under $200 these days. The cheapest iPad air is $500. They did lower the cost of the iPad Mini down to $299, which is rather more attainable, and that is a great tablet.

But still, that's not really what Apple is going for, the lower cost. They're trying to offer high-end devices that people want to spend more for. Ultimately, if that costs them a bit of market share apple seems to be OK with that, so long they can maintain those margins. So far, they've done quite well in that regard.

MARQUEZ: Yes. We should say that they still have a huge slice of the market for a single company and the 5c did not do very well, the iPhone.

You know, what are other competitors out there bringing to the market? Apple brought in the sexy products and everyone else seems to be running into the market. What is everybody else doing out there and who are their biggest competitors right now?

STEVENS: Samsung is the biggest competition for Apple and Samsung has seen incredible growth over the past several years and shipping something like three times as many smartphones as they did last year. And what Samsung is doing really well is offering a suite of devices that capitalize on the different market niches out there. There are cheap small devices, big devices for professionals, devices with great performance and with low cost and devices that hit every kind of niche in between those groups.

So, Samsung has also shown they're able to iterate very quickly. They launched a smart watch called the Galaxy Gear. It's not very good but within a few months Samsung will have a new generation watch out there that will learn from these mistakes.

Apple seems to be going for the mainstream market. They're releasing one large product in each category so they have the iPhone 5s their big smartphone. And they're expecting people from all those groups to buy this one phone. What I think Apple needs to do next year is branch out more and have more tablets and more phones of different sizes and prices and difference performance levels to reach all these different markets.

PAUL: Interesting. Hey, Tim Stevens, thanks for breaking it down for us. We appreciate it very much.

STEVENS: You're very welcome. Thank you.

PAUL: Take good care.

MARQUEZ: I love we have a new picture of the bridge behind us. Fantastic.

When NEW DAY SATURDAY returns, bullets fly, four officers hit. We'll tell you about an overnight standoff in California.

Plus, mystery solved. Officials have found the true parents of this little girl in Greece. Why police say they may have committed a crime.


PAUL: Now, for an update on mortgages, rates ticked slightly lower this week. Take a look.


PAUL: Good morning to you on a Saturday. We're so glad to have your company here. I'm Christi Paul.

MARQUEZ: And I'm Miguel Marquez. Bottom of the hour now.

And here are the five things you need to know for your NEW DAY.

Number one: a standoff in California with suspect Samuel Duran is over. Police say he hid inside a vacant house for six hours overnight. They used a robot to communicate with him to get him out. The situation started when police tried to arrest Duran. They say he took off on foot, shooting four officers got hit, but they are all expected to recover. PAUL: Thankfully.

OK. Number two, the White House says the Obamacare Web site will be running smoothly by the end of next month. The feds have hired an outside company now to fix technical problems that left so many Americans frustrated and outright angry.

Republicans have hammered the president over the Web site's disastrous debut why some Democrats want enrollment deadlines extend odd give people more time to sign up.

Number three: the true parents of a mystery girl found living with a Roma family in Greece have been found through DNA tests. Maria's biological parents live in Bulgaria. The mom says she gave Maria away because she was too poor to care for her, but police say she may have sold her daughter for profit. She is staying with a children's charity for now.

MARQUEZ: At number four, thousands of protesters are expected in the nation's capital today. Their demand: stop watching us. The big anti-NSA rally gets under way in a couple hours. Organizers say they want to present petitions urging the government to dial back on controversial surveillance programs.

Number five, contractors are tearing down Sandy Hook elementary school in Newtown, Connecticut. It's expected to take several weeks and workers are being asked to destroy all materials to completely erase the building from the site. Twenty children and six adults were killed in the shooting there last December. A new school is expected to open in about three years.

PAUL: Well, tonight, students at the Danvers high school are expected to honor Colleen Ritzer, the algebra teacher who was killed at the Boston area school this week. Students tell us the football team is wearing pink tonight, her favorite color, in her memory.

MARQUEZ: Such a tough story.

And we are learning more about what will happen next to a murder suspect, 14-year-old Philip Chism.

CNN's Alexandra Field is in New York.

Alexandra, how are people coping in Danvers right now?

ALEXANDRA FIELD, CNN CORRESPONDENT: Well, they're coming together to say goodbye right now.

MIGUEL MARQUEZ, CNN ANCHOR: Alexandra, how are people coping in Danvers right now? ALEXANDRA FIELD, CNN CORRESPONDENT: Well, they're coming together to say goodbye right now.

Calling hours will be held Sunday night, her funeral is being held on Monday. Danvers High School was shut down two days after Ritzer's body was found in the woods just off campus. Students returning to class on Friday say they found a very different place from the one they left on Tuesday afternoon.


COLLIN BUTLER, JUNIOR AT DANVERS HIGH SCHOOL: Yes. Pretty much just shock, you know, just trying to return to some sense of normalcy.

PAM BROWN, CNN CORRESPONDENT: Did you know Miss Ritzer?

BUTLER: Yes. I had her in class for a little bit. She's a real nice teacher. I think we all loved her.


FIELD: That was one Danvers High School student speaking to CNN's Pam Brown.

While the building is back open, a second floor bathroom will remain closed indefinitely where police say Colleen Ritzer died. Her 14- year-old student Philip Chism has been charged with killing his teacher with a box cutter -- Miguel, Christi.

CHRISTI PAUL, CNN ANCHOR: I think people just have such a hard time wrapping their head around the fact that a 14-year-old is charged with this. What do we know about him and what's next for this suspect?

FIELD: Well, Christie, right now he is behind bars. He's 14 years old. If a grand jury returns an indictment on a first or second- degree murder charge, he will be tried as an adult. He's behind bars being held without bail. At the same time investigators are trying to learn a lot more about this freshman student, a 14-year-old who had transferred to Danvers High School from a school in Tennessee at the beginning of the year.

At this point, a source close to the investigation tells CNN that reports that Chism may have had a crush on Ritzer seem unfounded. Prosecutors have not laid out a motive. They aren't required to. They're just required to present the evidence, but they will, of course, spend the next few weeks learning everything they can about this 14-year-old.

PAUL: Oh, my goodness. All right. Alexandria Field, thank you so much for giving us the latest. We appreciate it.

MARQUEZ: Thanks.

Still to come on NEW DAY: good news for pet lovers. Details why the first time ever, the FDA is taking measures to protect the food you feed your little buddies. Plus, a new leading man picked for the erotic "50 Shades of Grey" movie. Is it an A-lister like Ryan Gosling or a new face in Hollywood? Details, next.


PAUL: Thirty-six minutes past the hour right now. The Obamacare Web site may be sick, but tech experts say they've got the prescription, they can fix it.

MARQUEZ: Well, let's hope.

The White House says it should be up and running smoothly by the end of next month. That's a couple months too late for most people, though.

Here's CNN political editor Paul Steinhauser. Good morning there, Paul.


PAUL STEINHAUSER, CNN POLITICAL EDITOR: When it comes to the new health care exchanges, even President Obama admits the rollout of the Web site has been a mess.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: There's no sugarcoating it. The Web site has been too slow, people have been getting stuck during the application process and I think it's fair to say nobody is more frustrated by that than I am.

STEINHAUSER: And you agree. Only 12 percent of those questioned in a CBS News poll out this week said the process was going well. With almost half giving a thumb's down.

The top Republican in Congress says the Web site problems are just the beginning.

REP. JOHN BOEHNER (R-OH), SPEAKER OF THE HOUSE: When you look at the problems with Obamacare, all the focus here lately has been on the Web site. Clearly, there's problems with the Web site, but I would argue the problems go much further than that.

STEINHAUSER: And 56 percent questioned in an ABC News/"Washington Post" survey agree, saying the Web sites failures are signs of broader problems to come. Four in ten say they were an isolated incident.

But here's the thing -- the massive issues with don't appear to be affecting support for the law. Support either slightly edged up or remained steady in five national polls, including our own out this past week.


PAUL: All righty. Paul Steinhauser, thank you so much there in Washington.

All righty. In E-Block, entertainment.

MARQUEZ: How exciting.

PAUL: Of course.

MARQUEZ: All right. Ladies, I hope you're sitting down.

PAUL: I am.

MARQUEZ: I'm sitting down too.

It's time to take a look at the new leading man in "50 Shades of Grey."

PAUL: Yes.

MARQUEZ: You want to bet his sexy --

PAUL: You think?

MARQUEZ: I don't know.

PAUL: Well, ladies, take a look at your screen and it tell me. This is the new Christian Grey. Jamie Dornan, 31 years old, known for modeling for brands like Dior and Calvin Klein, also appeared in ABC's "Once Upon a Time."

Kim Serafin, joining us live from New York, editor -- senior editor, I should say, at "In Touch Weekly."

What do you think, Kim? Give us your assessment?

KIM SERAFIN, IN TOUCH WEEKLY: If you are a female who saw Jamie Dornan in "Once Upon a Time", you're happy with this choice. If you're a female who reads "In Touch," you're happy with this choice.

If you're a female basically who is breathing, you're happy with this choice, because have you seen his Calvin Klein underwear ad? I'm just saying. It is gorgeous. He is gorgeous.

And people seem to be really happy with this choice. Obviously, there is a bad reaction to Charlie Hunnam's casting, people started a petition. I have not seen petitions on to get rid of Jamie Dornan. I think he's a great choice and clearly comfortable with his body if you've seen his underwear ad.

PAUL: Probably isn't going to need to wear underwear in this film.

SERAFIN: No, and it makes sense because, obviously, you have to be comfortable with your body to play the kind of scenes we expect will be in "50 shades of grey."

I think this is a really good choice. I think obviously they wanted to get someone in there soon because they wanted to keep the production on schedule. It still is scheduled to open August 2014. This is supposed to start shooting in a few days, November 1st -- they're supposed to start shooting.

I think this is a good choice. He's good looking, too -- of course, "Once Upon a Time". He's in the BBC TV show "The Fall". He's in movies as well.

I think this is definitely a good choice and, again, looking at the reactions on Twitter, people seem to be happy. Celebrities seem to be happy, Lena Dunham, Elizabeth Banks, a lot of celebrities tweeting their support as well.

PAUL: All righty. Speaking of Hollywood --

SERAFIN: And have you seen his underwear ad? I don't know if I mentioned that.

MARQUEZ: Kim, you really seem to be selling. Boy, you I think, we have to hose you down, I think.

PAUL: What about Jake Gyllenhaal? He's looking different, I hear, these days.

SERAFIN: Yes. Exactly, he has lost weight for a role in a film "Night Crawler" that he's doing. You know, obviously, a lot of actors do this. A lot of actors, we're going to see more of Matthew McConaughey, Jared Leto, for their roles in "Dallas Fires Club". Clearly, a lot of actors do this for roles. They transformed themselves. And it does them they lost 40 pounds. Clearly a lot of actors do this for roles, they transform themselves and it does win them Oscars.

Think about Anne Hathaway, the weight that she lost for her Oscar- winning role in "Les Mis." Hugh Jackman was nominated for an Oscar, a lot of talk about his weight loss for his role. Renee Zellweger gained weight for her role in "Bridget Jones." Charlize Theron gained weight for her role in "Monsters".

So you definitely see this. Especially when it's an actor who is taking on a role that will likely win them or at least get them nominated for an Oscar.

PAUL: That's what it is.

MARQUEZ: I love the gaining weight part. That's so much easier I think than losing.

SERAFIN: So much more fun.

MARQUEZ: Shove it in. Just eat, eat, eat.

Speaking of transformation, Johnny Knoxville is hiding under a lot of makeup these days to look like troublemaking seen questioner citizen in -- senior citizen in "Bad Grandpa."

Take a look.

(BEGIN VIDEO CLIP) UNIDENTIFIED KID: Grandpa, this thing doesn't work.


Oh! Ow.


MARQUEZ: He is funny. How will this film do?

We got more.

PAUL: I don't know. OK. Kim, what do you think? Is this going to be a hit?

MARQUEZ: Is it going to work?

SERAFIN: Well, here's someone who made a transformation physically, probably will not win him an Oscar, but it will be nice to see -- yes, I don't think this is an Oscar winning role. Johnny Knoxville back on the scene and this film has a plot. There's actually a story. A lot of the jackass movies don't have a story, it's a lot of people played with pranks around them.

But this actually has a plot. It's kind of heartfelt. I think this is actually going to be the first movie that will be able to knock out "Gravity" from the number one spot. It will probably make about $30 million.

PAUL: Really?

MARQUEZ: It looks scripted. This is a proper film.

SERAFIN: Also painful, painful, but --

PAUL: I think there's another movie that a lot of us are looking to watch. Will Ferrell, fictional anchorman Ron Burgundy -- so much so he's getting his own ice cream flavor.


PAUL: Seriously.

SERAFIN: I love this. Yes.


WILL FERRELL: I love scotch. I love scotch. Scotch, scotch, scotch. Here it goes down. Down to my belly.


PAUL: In anticipation of the upcoming comedy, it's Ben and Jerry's right? They did this.

SERAFIN: Ben and Jerry's, yep, butterscotch flavored ice cream with butterscotch. No actual scotch, no alcohol will be in this, but getting great reviews. I think the movie is going to get great reviews too. A lot of people are looking forward to this movie.

Will Ferrell works at GNN in the fictional Ron Burgundy character. The ice cream is such a great idea. Obviously, Ben and Jerry's does this for a lot of different films or TV shows, "late night snack" for Jimmy Fallon with chocolate covered potato chips.

But I think this is going to be a good one. Ron Burgundy did put out a press release and he has other suggestions, cheap white wine sherbet is one of his suggestions. I hope Ben and Jerry's does not make that.

PAUL: Oh my gosh, the marketing that, you know, gets married here, the marketing genius, beautiful.

Kim Serafin, senior editor at "In Touch Weekly" -- always glad to have you here. Thanks.

SERAFIN: Thanks so much.

PAUL: All righty. Still to come on NEW DAY: did you know there are no regulations on the production of the food you feed your pets? Seriously, nothing protecting them from chemicals and bacteria. That may soon change, though. We have details for you after this.


MARQUEZ: Well, good news for you pet owners out there. Believe it or not, there are currently to regulations over the production of most animal food, but now for the very first time, the FDA is taking steps to make the food you give your little buddies safer.

CNN's Rene Marsh has more.


RENE MARSH, CNN CORRESPONDENT: Well, Christie and Miguel, the Food and Drug Administration is proposing new rules for companies that make dog and cat food. The rules would require the same methods that keep human foods safe like better sanitation. The goal: to protect animal foods from bacteria, chemicals and other contaminants. The head of the FDA says the announcement, quote, "addresses a critical part of the food system."

If you remember earlier this week, the agency reported more than 3,000 pets may have gotten sick from jerky treats made in China and the U.S.

Right now, there are almost no rules on pet food safety, but the FDA has issued multiple recalls in the past few years. Just last year, a salmonella outbreak at a facility in South Carolina led to a recall of 30,000 tons of dog food and cat food. Forty-seven people across the country got sick from handling that food.

Now, the new rules would also apply to animal feed for livestock. Of course, people can become ill if they eat sick animals, so it's not just the pets the FDA is worried about. Of course the rules still need final approval -- Christi and Miguel.


MARQUEZ: Rene Marsh, thank you very much.

Well, it is time for the good stuff.

PAUL: Yes. This is good. Today's edition, middle school student Ryan Marotta, his mother is a breast cancer survivor. So, in honor of breast cancer awareness month and his mom and taking a page out of the NFL playbook he wore pink sneakers to school. He got bullied for it.


RYAN MAROTTA, WORE PINK FOR CANCER SURVIVOR SHOW: Feel a little bit like depressed and sad because I knew my mom had it and it really made me like doubt getting the shoes.


PAUL: Oh, my gosh.

MARQUEZ: Just a kid.

PAUL: I know. Wasn't it awful?

MARQUEZ: They got so bad for him he stopped wearing the shoes. When his classmates found out why he was wearing pink and stopped they felt stupid, shamed and rightly so. So, the next day the school there, everything was in pink. Everywhere -- pink shirts, pink shoes, pink hats, even pink socks.


RAY GALASSO, 7TH GRADER: Nobody should be made fun of for doing that because he was supporting his mom.

REPORTER: Look at all this pink around you now. How do you feel?

MAROTTA: I remember my mom last night crying with tears of joy.


PAUL: Bless his heart.


PAUL: Best of luck to him and his mom, by the way.

Hey, time now for today's must-see moment.

We can't get enough of these on cameras. Watch as (INAUDIBLE) does a jaw dropping back flip over a 72-foot wide canyon gap. And he makes the landing people.

MARQUEZ: Goodness gracious. I'm not going to be well, I think. He went airborne another two times during this one, at the Red Bull rampage event in southern Utah earlier this month. McGary he came in second amazingly enough and said he was freaking out about the back flip and said he had speed, so he went for it. Insane video.

PAUL: That video could have been much worse, basically.

Can you guess what this is?

MARQUEZ: I love it.

PAUL: Twenty-two-month-old Zoey from California showing off her awesome new stick figure Halloween costume. Her dad created it using LED lights and Velcro.

Dad took Joey out for a test run around town for rave reviews. Best costume ever, people were saying. He says he plans to upload a how-to tutorial so other parents could take a stab at it.

MARQUEZ: I love, he put the kid over there. Daddy, don't leave me.

And if it's cold out, the lights will keep you warm. It's all the same.

PAUL: And you'll find your kid no matter what. You will find your kid on Halloween.

All right. Next, orcas have always fascinated us, right? With their raw power and their great at the same time. But the dark side of these animals could give anyone pause.

That's ahead on NEW DAY.


PAUL: So glad to have you with us. You know, there's a special bond between any animal and its trainer, right? But it depends on trust -- a trust that a massive animal will not turn wild and savage. And when they do, a trainer's life can hang in the balance.

Well, CNN's Martin Savidge went to western Canada to understand the history of one killer whale that lived up to its name.


MARTIN SAVIDGE, CNN CORRESPONDENT (voice-over): Colin Baird grew up on the southern tip of Vancouver Island. As a teenager, he started working at a local marine park called Sealand of the Pacific.

COLIN BAIRD, FORMER KILLER WHALE TRAINER: I would go after school and weekends, you know, growing up and just thought that's how everybody grew up.

SAVIDGE (on camera): Sealand of Pacific used to be here, where this marina is. Now, there's nothing left of the old place. It was an oceanarium. That's an aquarium that was actually built in the ocean, and there were nets that separated the animals, the seals, the sea lions -- and the stars, the killer whales.

(voice-over): Baird eventually became a trainer, working with the three killer whales. His favorite a small male named Tilikum.

BAIRD: He was very easy to work. He was very easy going. He learned quickly. He learned well.

SAVIDGE: Among the other trainers, 20-year-old marine biology student Keltie Byrne. In February 20th, 1991, she had just finished a show with the killer whales when she slipped and fell into their enclosure. Baird arrived minutes later.

BAIRD: The three orcas were a little surprised that one of their trainers seemingly jumped into the pool, although fallen, and they were sort of excited about that. It was something completely out of the norm.

SAVIDGE: Witnesses say the whales, including Tilikum, kept Byrne from reaching the sides, repeatedly pulling her under the frigid water.

UNIDENTIFIED FEMALE: They couldn't get her. And finally, she -- she didn't come up anymore.

SAVIDGE: Baird, a trained diver, volunteered to go and retrieve Byrne's body.

(on camera): The co-worker just suffered, drowned in someway related to the animals that are now in the tank that you are about to go in with.

BAIRD: Yes. But this wasn't a malicious attack. I mean, it was an accident.

SAVIDGE (voice-over): The coroner's inquest listing Byrne's death as drowning due to or by a consequence of the forced submission by orca, killer whales.

She was the first trainer ever killed.

ANNA HALL, MARINE ZOOLOGIST: Oh my goodness. It was awful. It was awful for everybody. People in general just couldn't believe what had happened right here in our own backyard.

SAVIDGE: Not long after Sealand shut down, Tilikum was sold to SeaWorld in Orlando. But residents would hear about Tilikum again.

UNIDENTIFIED FEMALE: Sheriff deputies have identified the 27-year-old man found dead in a killer whale's tank --

SAVIDGE: In 1999, a man's body was found draped naked on Tilikum's back one morning. How the man got there, SeaWorld couldn't say.

Then, in 2010, Tilikum pulled a trainer Dawn Brancheau into the water to her death.

When he first met Tilikum, Colin Baird had no problem with captivity and killer whales. Now, three decades and three deaths later, he definitely does.

(on camera): Do you blame him?

BAIRD: I don't blame him, no. This would never happen if he had been left in the North Atlantic.

SAVIDGE (voice-over): Martin Savidge, CNN, Victoria, British Columbia.


PAUL: And tonight, CNN presents a special on the history of the beautiful but dangerous animals in captivity. Watch "Blackfish" tonight at 7:00 Eastern.

Thank you so much for starts your morning with us. We appreciate it.

MARQUEZ: Good morning. Former Phoenixian (ph) here.

PAUL: I know.

MARQUEZ: Former Phoenixian friends.

PAUL: Wouldn't feel it in Atlanta.

MARQUEZ: We have much more ahead in your NEW DAY which starts right now.