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Interview with Lt. Paul Henry; NBA Season Kicks Off Tonight; The Good Stuff: Funeral Tonight for Slain Teen; 13-Year-Old Shot by Police; Just Say No

Aired October 29, 2013 - 08:30   ET


DAN SIMON, CNN CORRESPONDENT (voice-over): Sonoma County Sheriff Steve Freitas told us he couldn't go into details of the case, but he confirmed the deputy who fired the shots is Erick Gelhaus, a 24-year member of the force and veteran of the Iraq War.

SHERIFF STEVE FREITAS, SONOMA COUNTY SHERIFF: Well, Erick's a solid employee and the fact that he trains new people for us does show the level of respect that we have for Erick and his position here.

SIMON: Investigators say that only 10 seconds passed from the moment Gelhaus and his partner reported a suspicious person, to when they called back to report that shots were fired. The deputies encountered Lopez, who was wearing a hoody, at 3:15 in the afternoon last Tuesday. According to witnesses, at least one of the deputies took cover behind an open front door of their cruiser and one yelled twice for Lopez to drop the gun. Shots were fired and the boy was pronounced dead at the scene. A memorial service is to be held for Andy Lopez this evening.

Dan Simon, CNN, Santa Rosa, California.


CHRIS CUOMO, CNN ANCHOR: And joining us now from Santa Rosa, California, is Lieutenant Paul Henry from the Santa Rosa Police Department.

Lieutenant, thank you for joining us.


CUOMO: Let's take a look at some of the aspects that are raising suspicions here. There's some dispute between one warning versus two. What gives the department confidence in its version of events? Was there video in the car that you have access to? How are you able to confirm what the officer says happened?

HENRY: There was no video in the car. The officer's statement is he believed he yelled "put the gun down." And we have at least one witness who states that they heard the deputy say "put the gun down" two times.

CUOMO: All right, so that's what you're basing it off of so far. So the question becomes, why was the shooting necessary? Two other aspects. One, is it true that the officers were behind the door of the car, so they were in a defensive position here?

HENRY: Yes, that's true.

CUOMO: And, obviously, the suggestion would be that they didn't have as much danger presented because they had some cover, which leads to the next idea about why they believe that this kid was doing something to them when they turned around. What do you understand from this situation?

HENRY: Well, let me back up just a second with what you just said. The deputy's statement is that he saw the young man carrying -- well, incidentally, he didn't realize he was a young man initially. But he saw him carrying what he thought was an AK-47-style assault rifle. The deputy has experience with these kinds of weapons and was under the understanding or is aware that these kinds of weapons are capable of firing ammunition that can penetrate his body armor, that can penetrate the metal of his car, and can also penetrate the walls of the buildings around him. So that -- his fear was that if the subject were to fire at him, that he was not in a defensible position and that he was extremely vulnerable, as well as not just him but the rest of the community as well.

CUOMO: Right. And there is suspicion that the toy itself really did look like the AK-47, which raises all these issues about how the toys are made and did this one have the colored plastic tip that it was supposed to have.

HENRY: Right.

CUOMO: But, of course, it was a toy and that's why we're having this conversation.

HENRY: Right.

CUOMO: One other aspect before we get to the policies involved. Only one of the two officers or deputies there shot. If it was such an emergent situation, why didn't the other officer feel the need to shoot?

HENRY: Well, they're both doing different things simultaneously. Obviously, one of the deputies is sitting in the passenger seat while the other deputy is operating the vehicle. So at the time they first saw the subject, they were a number of feet away. They were on the other side of an intersection. So the passenger deputy radioed to the sheriff's dispatch what his observations were. He asked for emergency assistance.

While the first deputy had turned on the -- or the driving deputy had turned on the vehicle's overhead rotating lights and hit the siren briefly and then pulled the vehicle across the intersection. So in the time it took the driving deputy to put the vehicle in park, or to stop the vehicle, put the vehicle in park and exit his side of the vehicle, the passenger deputy had already got out of the car and had engaged the subject with the warnings.

CUOMO: The -- obviously there's something that just feels wrong here. This was a kid, absent evidence of a troubled past or a desire to confront police. There's no indication yet at least that this boy would have been doing anything to create trouble with the police in such a situation, which raises the larger question, though, of how you deal with this community. Already problems there, already feelings within the community that their ethnicity and their socioeconomic level makes them somewhat of a target of police. What is your message to the community today?

HENRY: Well, let me just back up a little bit. I'd be happy to address that for you. But keep in mind, the deputies on scene had no understanding of who specifically they were dealing with. They didn't know -- obviously they didn't know that the weapon or the object the kid was -- or the young man was holding was a toy. They believed it to be real. And they certainly didn't know what his objectives were. They certainly didn't know what his previous criminal history was.

And so, they have to treat that particular situation based on the only information they had at the time, which was that the weapon appeared real, that the subject appeared to be turning toward them, and the barrel of the weapon appeared to be rising in their general direction. That's why they responded in the way they did.

With regard to your larger question, or your other question, the message to the community, you know, this is -- what we would ask for I guess at this point is patience. We are in the very early stages of this investigation. It will take a number of weeks -- in fact, it will take months to complete the investigation.

And once we have done that, we'll forward it to the district attorney's office. They will review the entire investigation. They'll determine if there's more information that's necessary. And ultimately, they'll make a decision on the criminal culpability on the part of the people involved. Once that process is complete, the investigation will be forwarded to the civil grand jury and they'll also review the investigation.

CUOMO: And the FBI is looking into it as well. Obviously, everybody wants to make sure everything was done the right way in a situation like this, although the outcome obviously terrible.

Lieutenant, thank you for joining us this morning. Appreciate the information.

HENRY: You're welcome.

CUOMO: Kate, over to you.

KATE BOLDUAN, CNN ANCHOR: Coming up next on NEW DAY, do you let your kids play with your cell phone or work on your tablet any time they want? Well, it may be too much. It may not be good for them. There's new guidelines for your children on how much screen time is too much.

Also ahead, basketball is back. And are you NBA ready? TV analyst and former pro himself Greg Anthony is here to help you get your game on.

(COMMERCIAL BREAK) MICHAELA PEREIRA, CNN ANCHOR: Some parents use their gadgets to call a babysitter. Others think of them as a best babysitter around. What effect could all of that screen time and distraction have on your kidlets (ph)?

The American Academy of Pediatrics believes it could be significant. Let's break it down. We have two very special guests with us. Kelly Wallace, correspondent and editor at large for CNN Digital, also covering parenting issues for, and our Elizabeth Cohen, CNN senior medical correspondent.

So great that both of you are here to talk about this topic.


PEREIRA: First of all, let's talk about what the recommendations are, Kelly, that the pediatricians are saying. Because I think it might shock some people.

WALLACE: And they're revising the guidelines based on how much media our kids are consuming. They say no Internet, no TV in the bedroom. They say try to limit your kids, you know, use of smartphones and laptops, anything, to just about two hours a day. That excludes online homework. They say no screens for babies under two years old. They also say that families should set a media curfew, a time when those cell phones --

PEREIRA: Like after 8:00 you don't use anything digital.

WALLACE: Yes, yes, cut the phones off.


WALLACE: Exactly. And that they should try to monitor the media that their kids are using and also be involved. You know, understand what your kids are doing. Talk to them about it. Have conversations about the dangers of too much exposure.

BOLDUAN: What do doctors say about this, Elizabeth?

ELIZABETH COHEN, CNN SENIOR MEDICAL CORRESPONDENT: Well, doctors are saying, look, pediatricians need to get involved and so they need to ask - they need to ask parents at catch-ups, "How much TV is your kid watching? How much time do they spend at the computer? Do they have a computer in their room?" They thought -- this is really actually a health issue.


COHEN: Because kids, when they spend a lot of times on screens, they can get overweight; they can start developing problems at school because they've spent so much time online doing other things. They can develop attention problems because they're used to everything going like this.

CUOMO: Different than TV? Is there anything different about the threat or the thresholds with digital media than there was (ph)?

COHEN: Not necessarily. It's all screen time. They sort of loop it all together.

Now, my feeling is, is that doctors need to do more than that and they need to actually give parents strategies for how to get your kids off the device.

BOLDUAN: They need some help.

COHEN: Well, in the Cohen household it's no electronic, no electronics, no electronics. We say it 10 times a day because it's addictive, right? I mean the kids want -

CUOMO: Are there no electronics?

COHEN: There are, but we -

CUOMO: There it is.

COHEN: But we also we tell them - we tell them to get off all the time. All the time.

PEREIRA: Well, here's the question, though, I mean, Kelly, and both -- to both of you, can you unring this bell? Because it's -- at home you can control it. But elsewhere --

CUOMO: No, you can't.

WALLACE: I think - I think the genie is out of the bottle. When we talk about some numbers that eight to 10-year-olds are getting exposure something like seven hours a day -

PEREIRA: More time than they're in school.

WALLACE: Exactly. So it is - but here's the thing. And according to the study, two-thirds of families had zero rules when it comes to their screen time.

COHEN: That's just sad.

BOLDUAN: That's the stat that blew me away as well.

WALLACE: Exactly. And so you can. I mean, Elizabeth's doing it. My kids, I joke, I was coming on TV today, I said I'm going to say no screens at all. They say, "Mommy, don't say that." But of course I won't say that. But why can't families step in and have some rules and have some boundaries? That --

CUOMO: The problem with rules - here's -- I'll take the other side.


COHEN: Go ahead. Go ahead.

CUOMO: Here's the other side. I don't want to make a rule that I know I'm not going to enforce, because what people like you and doctors too always tell you about parenting is, if you're going to have a rule, make sure you enforce the rule. The consistency.

COHEN: So then why can't you - so enforce it, enforce it.

WALLACE: Why? Exactly.

CUOMO: Because - because it is very difficult, OK? They love the -

COHEN: Parenting is difficult.

WALLACE: Right. Yes.

CUOMO: They love the screen. There's a lot - it is, but this makes it more difficult because there's a lot of stuff on there they like. There's a lot of stuff on there that's arguably good for them.

WALLACE: Absolutely.

CUOMO: And it keeps them quiet and not hitting each other. And those are very powerful influences.

COHEN: Well, but that's - but that's not a good enough reason. You have to get in there and just say no. We were at a restaurant recently and there was a family with a child and the child spent the entire time on his iPad.


COHEN: One hour of not talking to his parents.

CUOMO: And thus not disturbing your dinner, am I right?

COHEN: Exactly. Right. But so you have to - you have to, you know, just do the tough work sometimes. Here's - I say, "Honey, put it down." And they're going to scream; they're going to yell, but you've got to do it.

PEREIRA: I heard a recent - I read a recent article about, even with little ones, if we're on our screens instead of engaging with our children when they're in the stroller or playing, that they're learning fewer words and they're interacting less with us. So it starts very, very young.

COHEN: Right.

WALLACE: And there's also that stat that something like, what, 40 percent of kids, babies under two, already know how to work an iPhone and an iPad.


WALLACE: Yes, now, we should say there are educational apps.


COHEN: There are.

WALLACE: They can learn letters and numbers. But my question is, how much of that time - we do it in our household, when the kids are on the iPad, how much are they not playing imaginative games -

PEREIRA: Actually playing, right?

WALLACE: And they're doing role play or they're just being, they're just having fun, they're not on screens. I think that is a concern with the kids are too addicted to screens.

BOLDUAN: There's a lack of balance is what you see in this study.

COHEN: Right.

BOLDUAN: There just seems - it to be - seems to be completely imbalanced to being a normal kid and having that access.

PEREIRA: That's the big worry right there.

COHEN: Right, go play outside.


CUOMO: They said the same thing about TV.

WALLACE: I know.

CUOMO: We had this same conversation 20 years ago.

WALLACE: And we watched so much of it.

PEREIRA: And we watched much of it.

WALLACE: And look at - yes, and look how well we turned out to be.

CUOMO: I hope you're watching right now.

BOLDUAN: Keep watching.

COHEN: And we don't turn down our (INAUDIBLE), right?

PEREIRA: If you want more information from Kelly Wallace, go to Kelly, always a delight.

WALLACE: Always a pleasure.

PEREIRA: Elizabeth, we love having you and seeing you too. Good to see you in person.

COHEN: Thank you. Thank you. Great to be here.

PEREIRA: Thanks so much to the both of you.

CUOMO: We're going to take a break here on NEW DAY. When we come back, do you feel it building? The energy, the excitement. It is sports nirvana. You've got the World Series. You've got the football. You've got the hockey. And now comes the king of all games, the NBA. The man on the couch, a legend.

BOLDUAN: Get ready, he's coming.

CUOMO: Greg Anthony, New York Knick, handsome, he's going to tell us about the NBA tip-off tonight, take us through the intrigue when we come back.

PEREIRA: Was he handsome was he was a Vancouver Grizzly?





CUOMO: I heard your favorite play was "give me the ball and go away," the get and go.

This week is a sports fan's dream. We have the World Series, football, hockey and now the NBA is back and big games tonight. So we're bringing in a member of the extended family, Greg Anthony, an 11-year NBA vet and a studio analyst for NBA TV and TNT.

Great to have you here.


GREG ANTHONY, NBA TV STUDIO ANALYST: Oh, yes. Great to be here. Excited about the start of the season.

CUOMO: Right?

So what would you say are the big story lines going into the night?

ANTHONY: We have a plethora. I think starting off with the two-time defending champs. The Miami Heat hosting one of their biggest rivals in the Chicago Bulls. That in and of itself is a heavyweight fight.

The Heat were actually practicing wearing football pads the day before in preparation for how physical this game will be. Opening night game. They still got another 81 to play. But it is going to be a real challenge. They understand this Chicago Bulls team with the addition now of a healthy Derek Williams -

CUOMO: Is he healthy?

ANTHONY: He's like the $6 million man. He's new and improved. He's increased his vertical by five inches --

CUOMO: No way.

ANTHONY: -- from a season ago. He's gone from 37 inches to 42 inches. His jump shot's better. He is motivated. I think the Bulls, the totality of what they have, in terms of their lineup, I think they will present a very formidable challenge to the Miami Heat, no doubt.

BOLDUAN: How is the Heat looking? Do you think they could do it again? They could win another championship?

ANTHONY: The Heat are going to be hot. They got the best player in the world in LeBron James. And I think he's really comfortable.

I also think that Dwyane Wade will be healthier this season. And keep an eye on two guys. One was the number one pick in the draft a few years ago. The other was the number two pick, Greg Oden, if he can be healthy. He hasn't played on an NBA court in over four seasons. And then Michael Beasley, who was the number two pick a couple years for the Heat. Both have had their issues, one physical, one mental. But both could find ways to impact the season for the Heat.

PEREIRA: Take a trip out west with m. We've got the L.A. teams squaring off tonight, Lakers-Clippers. And the Clippers finally, finally, my Clippers. I've always been cheering for this underdog, but they're not so much underdog anymore.

ANTHONY: No, listen, I -- they're, to me, probably the team to beat in the west. They bring over Doc Rivers, who has chairmanship pedigree, one of my former teammates here with the Knicks. Won a title with the Celtics. Now will be at the helm there for them.

Listen, Chris Paul is dynamic as any point guard arguably to ever play this game.

But in order for the Clippers to really become the team everyone thinks they can become, Blake Griffin has to become their best player. And that journey starts tonight under the guidance of Doc Rivers.

I really like the makeup of their roster. The Lakers don't have Kobe Bryant for a while, the Black Mamba still dealing with that torn Achilles.

CUOMO: One of the best nicknames in the NBA.

ANTHONY: Oh, isn't it? Isn't it?

CUOMO: Awesome.

ANTHONY: And a great guy on Twitter. If you're into Twitter, which I know you three are.

UNIDENTIFIED FEMALE: A torn Achilles sounds really bad.

ANTHONY: That's because it is.


UNIDENTIFIED FEMALE: It sounds like that is a really bad injury.

CUOMO: They're saying maybe with him. ANTHONY: Well, he's unique. Remember, he stayed in the game, made his two free throws and walked off the court. Which is in and of itself --

UNIDENTIFIED FEMALE: You're right. I totally forgot about that.

ANTHONY: (Inaudible) be able to accomplish.

CUOMO: I just read a great profile about him where he was saying, "I ask myself sometimes, should I come back, should I not?" He goes, "This is my final chapter. I decide how it ends." But everybody says he's working his heinie off.

ANTHONY: Nobody more dedicated to their craft than Kobe Bryant, one of the ultimate competitors.

PEREIRA: Before we leave you, who are you rooting for in game six of the World Series?

ANTHONY: You know what, I'm kind of a New York fan --

CUOMO: Of course you are.

ANTHONY: -- as is Chris. I know you're a Yankees fan. So in all fairness, it's hard for me to like the Red Sox, so I don't.

UNIDENTIFIED FEMALE: It is in your blood.

ANTHONY: But I appreciate -- I am a huge Big Poppy fan. I got the man crush on Big Poppy. I can't help it. I try not to like him -- I try not to like him but he's so good. The Cardinals are a great story as well. If their bats can get going, you know, offensively they've just been anemic, let's be honest.


CUOMO: Mastering the skill of saying a lot and not answering the question.

ANTHONY: Respect. Respect.

I've done this TV thing for a while.


UNIDENTIFIED FEMALE: Saying a lot, not saying anything. Great to meet you.

ANTHONY: Thank you.

UNIDENTIFIED FEMALE: Thanks for coming in.

ANTHONY: Enjoyed it. This is fun.

CUOMO: We'll have you back for sure. Obviously, you're going to be sure to catch the NBA tonight on TNT. The Chicago Bulls taking on the Miami Heat. Followed by the Clippers and the Lakers. You'll have to TiVo. Watch NBA game time tomorrow on NBA TV.

Coming up, when federal aid fails and when help comes too slow, you will be amazed what simply rolling up your own sleeves and a desire to help your neighbor can do. We've got the good stuff for you coming up.




CUOMO: All right, time for the good stuff. In the year since Superstorm Sandy, for thousands affected, recovery has just been too slow. There's a lot of red tape, there's a lot of government problems going on. That's just the fact.

So as often happens, people have decided to help one another.

Witness Staten Island devastated by Sandy. An all volunteer organization called Yellow Boots formed there. These are everyday people working weekends and holidays and without a dime of federal funding. And yet they have repaired some 2,000 homes.


JASON VOGEL, VOLUNTEER, YELLOW BOOTS: I'm not looking for anything. I'm not looking for anything at all. I just want to be there to help. Because if I wasn't here and this would happen to my family, I would want someone to be out there to help my family.

MIKE HOFFMAN, VOLUNTEER, YELLOW BOOTS: No matter how much progress we made, progress isn't complete until that last home is done. There's still a few hundred homes that are still in process that they're nowhere near looking like getting home yet.

VOGEL: I sacrifice my time and my life but, you know, there's some things out there that are bigger than yourself.


CUOMO: Some things out there bigger than yourself. Yellow Boots has expanded beyond just Sandy relief, helping other communities affected by disaster. Yes, they could use volunteers. Yes, they could use help. So visit if you are so inclined.

UNIDENTIFIED FEMALE: Isn't that something else?

UNIDENTIFIED FEMALE: And we're so reminded today on the anniversary of Sandy just how much rebuilding is still needed, how many families still need help. And some people are helping.

UNIDENTIFIED FEMALE: But we are bigger than Sandy which is great.

CUOMO: That's exactly right. And that is the witness of it. That is why it is the good stuff. UNIDENTIFIED FEMALE: The good and gooder stuff. Yes, that's a word.

CUOMO: Thanks for watching us here on NEW DAY. It's time for "NEWSROOM." Poppy Harlow in for Carol Costello.

Hello, Poppy. Good morning to you.

POPPY HARLOW, CNN HOST: And the one and only Marty Savidge with me (inaudible). Good morning to you.


HARLOW: Good morning to you guys. Good morning to you, Marty, good to be with you.

Good morning, everyone. Happening now in the NEWSROOM.



BARACK OBAMA, PRESIDENT OF THE UNITED STATES: That's why I'm initiating now a review to make sure that what they're able to do doesn't necessarily mean what they should be doing.

HARLOW (voice-over): Damage control. The president now asking for his own answers about what the NSA is up to.

MARTIN SAVIDGE, CNN CORRESPONDENT (voice-over): Plus, another twist in the Aaron Hernandez case. Investigators are looking at whether he was involved in gun trafficking.

HARLOW (voice-over): And is it real or is this just rhetoric? Russian president Vladimir Putin welcomes all Olympians, regardless of sexual orientation. We're going to dig into that.

You are live in the CNN NEWSROOM.