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NEW DAY

Cirque Du Soleil, MGM Grand Cited; Fatal Arizona Dust Storm; Banksy Strikes Again; Shop And Frisk?; Top Secret Barges; Ride For The Record Book

Aired October 30, 2013 - 07:30   ET

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


MICHAELA PEREIRA, CNN ANCHOR: The MGM Grand and Cirque Du Soleil reportedly plan to appeal those citations.

A dust storm in Arizona turning fatal after strong winds and low visibility caused quite a pile up. Nineteen vehicles involved killing three people and injuring dozens more. Ten trucks were involved in the pileup on Interstate 10 near Phoenix. Many cars were severely damaged. Some even were wedged as you saw there under the trucks.

The ever-elusive London street artist, Banksy, has struck again. This time, apparently for a good cause or at least it ended up being that way. Banksy added his personal stamp to a thrift store painting. I hope we have the photo. It is a picture that he painted of a Nazi sitting overlooking a lake painted on an existing painting.

Banksy then returned that painting to the Housing Works store in New York City. Housing Works has put the painting up for auction and proceeds apparently will help raise money for people living with HIV and AIDS. I wish we had a picture to show you. It's interesting. An existing painting, painted over top and off they go.

KATE BOLDUAN, CNN ANCHOR: People are falling in love with Banksy.

PEREIRA: They really are. They have for a while.

Let's talk about something that's a bit of controversy, shall we? It is being called shop and frisk. Controversy involving two of New York's best known retailers where some shoppers are alleging they have been profiled because of their race. Now New York's attorney general is looking into their claims and the owner of one of the stores is actually scheduling a sit-down meeting with civil rights activists.

Bring in Nischelle Turner for more on this. Tell what happened here, start from the very beginning.

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: Well, first of all, this meeting happened yesterday between -- with civil rights leaders and the CEO of Macy's to see kind of what they can do -- Barneys, I'm sorry, to start dialogues or the conversation. But let me bring you up to speed on the reporting where we are so far. This happened, started a week ago when we got the first complaint that became public.

This was 19-year-old Treon Christian who said that he went into Barney's, bought a $349 Ferragamo belt and was detained when -- by security when they thought that he had used a fraudulent credit card. Then we started hearing other cases come about. There have been four claims in all, two from Macy's, two from Barneys.

Another when a woman went in and bought a handbag for $2,500 says she was surrounded by officers when she was walking down at the store. Then we have the one at Macy's with the actor, Rob Brown, who went in and bought a $1,300 Movado watch for his mother and says he was handcuffed and detained for an hour and then let go.

The fourth one was from a man named Art Brown who filed a complaint after he said he was surrounded by police and demanded to see his identification after buying $330 worth of shirts in Macy's. So that's where we are with the complaints so far.

PEREIRA: OK, so in terms of this, what has been the reaction from the retailers themselves? Are they reacting? Because often times they hire outside security forces or contractors to do the security for them.

TURNER: Well, that's a good question because this is where the blame game is starting to come in, in this situation because both of the stores are saying, Macy's is saying we weren't involved. Our employees weren't involved in one of the incidents. They are not commenting on the other one. Barney's is saying our employees weren't involved in either of the incidents.

It was a police procedure. The police are saying, no, no, no, we were alerted by store security. That's why we got involved. There's a little bit of he said, she said, nobody knows and who is going to take the blame in this situation now that there's been some legal action taken.

CUOMO: That's why I asked the detective to stay because he understands this. He worked in private security and on the police side. He suggested it sounds like there may be more to this type of story. The store saying it's not us, it's just the cops. Is that how it works?

HARRY HOUCK, FORMER NYPD DETECTIVE: No, it's not how it works. Usually the store security will catch a shoplifter or have a suspect in custody already then call the police and patrol will respond and make an arrest based on the security in that store. That's usually how it occurs. I have never seen police officers working security inside a store looking for shoplifters unless it's an off-duty job.

TURNER: Is this semantics when they're saying our employees weren't involved, maybe the security was involved. That's where I'm a little confused --

HOUCK: Usually the security works for the store -- usually internal security in their store. They're trained on how to look for shoplifters and how to look for people with stolen credit cards. I can't see if these guys had legitimate credit cards, OK, and legitimate identification how they go on to be arrested.

TURNER: Go ahead, Kate.

BOLDUAN: From your perspective without knowing the specifics of this case, do you think it's appropriate that the state attorney wants to look into this now?

HOUCK: Well, sure. Definitely, I mean, why not? I don't see the police officers going into stores and making arrests like this.

BOLDUAN: So it's totally out of character.

HOUCK: The store has to be -- there has to be a complaint in the storm.

CUOMO: Some of it was under cover. That leads to the question would cops be doing undercover work the store doesn't know about? Probably not.

HOUCK: No.

CUOMO: Did they check his I.D.? He may have had I.D. and they may not have asked for it. That goes to procedure of the moment. So, you know, you have different things going on. You have the optics of how do I see you when you shop versus how I see you and do I follow procedure.

HOUCK: If I'm responding as a police officer and I did many times on patrol. You respond to the store. You get identification. Listen, this credit card comes back to this guy. He has the identification. Where's the problem here? I'm not going to make an arrest as a police officer.

Now if the credit card company said maybe to the store this is a stolen card on the phone when they're checking it out, that's a different story. Still we have the same name here. Now maybe this guy might have fake identification which happens a lot.

TURNER: Now Kate mentioned the state attorney general's office getting involved. What they've done is gone to both of the stores saying we want to see your information and policies on how you detain and question people that you deem to be suspicious. We want this by Friday. That's where they start.

CUOMO: That's the key. No reason to dance around it. Are you targeting them because they're black? How do you get around that analysis on the enforcement side?

HOUCK: Like I said, you have to have reasonable suspicion to stop somebody. You need probable cause. How do they know those credit cards were bad? Because a transaction was made for $1,200 and they were black? I mean, that's not enough.

TURNER: Can we talk about that? I was thinking about this all this morning, all last night knowing we were going to talk about this. This has sparked a lot of conversation about shopping while black.

BOLDUAN: Sure. TURNER: My feeling is we have seen incidents where people say they were detained. We heard other people talk about I'm followed in stores all the time. I've had incidents myself where I have been helped or an associate going rack to rack with me. Even if you feel that way, how do you prove that they do this because of your race? How do you prove that?

CUOMO: You wind up being somebody who has a valid credit card who's making a valid purchase who's never asked for I.D. and that winds up being a demonstration of culture and not just a mistake.

PEREIRA: That's what these people are alleging, they are alleging that that is the case, they have valid I.D.s, have valid credit cards and they were making valid purchases.

BOLDUAN: How do you prove something you feel?

HOUCK: There are things we don't know about yet. More will come out.

PEREIRA: Thank you so much, Nischelle. Thanks for bringing that story. Detective, thank you so much for sticking around with us and being nimble and answering our questions.

BOLDUAN: Coming up next on NEW DAY, what is up with this mystery barge in San Francisco Bay? We would Google it, but they're keeping the project under wraps. We'll have more ahead.

(COMMERCIAL BREAK)

CUOMO: Welcome back to NEW DAY. Hope your morning is going OK. Let's get over to Indra Petersons for a check of the weather right now. Eye on the storm.

INDRA PETERSONS, AMS METEOROLOGIST: Eye on the storm, a couple storms. We have a little guy and I'll show you the big one that's pretty hard to miss. We have a little system making its way in through Canada so tail end of that little wave kind of kicking through New England today. Maybe some light showers in that region.

But then there's the bigger system, the one that's been bringing heavy snow really in through Montana and Wyoming the last couple of days, even through Colorado. This system is going to make its way east today. That is key. It's going to move out of the area where we have cold and dry air, and clash with where we have warm and moist air.

So with that today, we do have a severe weather threat out there. Today, the focus is going to be pretty much from Kansas City down through central portions of Texas. Look for heavy rain and strong winds and even the threat for an isolated tornado. That same system makes its way a little farther east tomorrow so anywhere from Ohio Valley again all the way down through Houston.

We're going to be looking for the same parameters, so strong winds, heavy thunderstorms, and even isolated tornadoes can be in the forecast for Halloween. As far as how much rain between Dallas and Houston, 3 to 5 inches, out towards (inaudible) 1 to 2 inches of rain. Of course, we are talking about strong winds as well. Just keep in mind, it will be a wet Halloween again from Ohio Valley all the way down through Texas -- Chris and Kate.

BOLDUAN: Make smart adjustments to the costumes now. Thank you, Indra. Thanks very much.

Now to a mystery, this barge, we'll show it to you, has been in the San Francisco Bay for days. It seems Google may be behind it, but no one is saying a word about what might be on board or why and another barge popping up along the coast near Portland, Maine. What are they doing there? What's going on?

Let's bring in the host of "Tech Bytes," Brett Larson. Had a lot of people talking, no question. Whenever it involves Google and all the secrecy and mystery, what are the theories behind it?

BRETT LARSON, HOST, "TECHBYTES": They're building robots. No.

BOLDUAN: Exactly.

LARSON: It could be a number of things, actually. It's kind of odd when you really dive into it. They're either building a retail facility for the Google glass where they're going to park it somewhere in San Francisco and you can go in and take a look at all the cool things that Google -- how they can augment your reality with Google glass or they're building data centers. And I'm -- I know.

BOLDUAN: Data center is much less cool.

PEREIRA: I have the Chris Cuomo face right now. It kind of hurts, doesn't it?

BOLDUAN: That's hard for you.

CUOMO: What a downgrade.

PEREIRA: Can I just say -- really? No. It might -- my curiosity is why would these barges spark curiosity to begin with? It feels like a plan to me. I feel like somebody might have created buzz here.

LARSON: What's funny about it is --

PEREIRA: It's a barge.

LARSON: Google is not saying anything, but they're clearly involved. The coast guard admitted. It is definitely Google. When you reach out to Google, they're like, I don't know.

CUOMO: Is it working? Here we are talking about it on national TV.

PEREIRA: Creating buzz.

LARSON: Some of the interesting things it could be doing, if they are in fact building data centers, what's interesting is where are they going to end up? Will they push them into international waters or build these data centers because they're containers and then drop them somewhere in the U.S. where they need more internet service.

BOLDUAN: What is it about being on a barge in the San Francisco Bay that they couldn't do on land? You can have the same secrecy.

CUOMO: Transportable.

LARSON: That's completely portable. You can float it down to San Jose if you needed to.

BOLDUAN: Any idea when we'll find out about this.

LARSON: Probably in a couple of weeks they'll pull the ribbon off.

PEREIRA: Does it have its own Twitter hash tag?

LARSON: It should.

CUOMO: The conversation continues. We're blaming you more and more.

LARSON: What's going on?

CUOMO: Tell us what it is.

BOLDUAN: I'm like why can't you solve this?

LARSON: I feel like I'm in the movie "Big." I'll spit out a ticket and say something big is in the barge. If it's Google glass, it's interesting. There's another one in Maine too, which leads the speculation to data center. Data centers are a big deal. They sound like inside the beltway tape on the glasses.

PEREIRA: Nerd alert.

LARSON: I'm hoping it's a data center because that's cool.

BOLDUAN: Me, too.

LARSON: Especially if it's portable. If it was retail -- retail space, I don't know, what is Google going to sell you?

CUOMO: It's going to be something transportable, that's my guess.

LARSON: Maybe they're going to air drop it. That's cool, right?

CUOMO: Mr. Larson dropped a reference which I'll ask you as we go into the break, see who has the answer first. Tweet me about it. What was the name of the wizard game that spit out the ticket?

BOLDUAN: Can I give a hint? Starts with a "z."

CUOMO: We had this conversation. That's how weird our lives are.

Coming up on NEW DAY, all in a day, save a friend's life, survey monster wave. We talk to Carlos Burle about what may be coming all- time world record, high drama in the surf. BOLDUAN: And also ahead, a bus driver's compassion may have saved a life and it was all caught on camera. It's a really touching story that you don't want to miss.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY, everybody. We first showed you this yesterday. It was our must see moment. This is a must see for any day. Brazilian surfer, Carlos Burle, may have smashed the big wave record riding one off the coast of Portugal, estimated to be around 100 feet tall. Think about how tall that actually is.

On top of that, he did this. He pulled this off just after saving a fellow surfer. You can see that right here. Burle racing to her aid, giving CPR and making sure she was OK before getting back into the water.

And Carlos Burle is joining us now from Portugal via Skype to talk about this. It's so great to meet you, Carlos. Thanks so much. Everyone is wondering and we all as well, what is it like to be out there on a wave? Did you know it was as big as it was when you were in the middle of it?

CARLOS BURLE, SURFED GIANT WAVE: Well, I knew because the day was so special, so right to get a swell like that. And from the beginning of the day, I knew that we were going to face the biggest waves of our lives. That's why I think everybody was so excited. Unfortunately, everything that went through it took me out of the game, me and her for a while, was really hard for me. Felt different than it is right now. I'm just very happy to have her with us so we can talk stories and we can celebrate, but it's a tough situation. You don't want to see a friend die right in front of your eyes.

PEREIRA: And we can understand that you understand, too, the danger in what you guys do. It's a rush and it's a joy for you to do, but it's also really dangerous as evidenced by what happened to your fellow surfer, Mia. Can tell us what happened there? Did the wave get the best of her? What happened?

BURLE: Well, she just has been training for so long, hard to be ready to surf this wave. I'm her partner and I think we had a good chance with the biggest wave of her life. When you surf big waves, you have to take risk. And she was able to do most of the wave, but at the end, she fell, and she took the whole sag on her line.

And I lost eye contact with her for a while. I would say 4 or 5 minutes and I was feeling really bad because so much white water going around and my ski was like nothing between that massive waves. Suddenly I found her on shore like close to the rocks. And I started to go closer and I get the rescue board about that she was alive, but she wasn't reacting.

And then I scream to her and said come on, grab the rope, same rope to be tow the surfer into the waves. And she did it that with her last energy and I dragged her closer to the beach. And after that, you know what happened. CUOMO: Right, we saw the video of actually taking her to safety and giving her the CPR, making sure she was OK, and then the story takes an even more amazing turn. You go back into the water. You face what could be the biggest wave with all the white water rushing behind you. Did you in your mind say, wow, this could be a record, not just the biggest wave of my life, but the biggest ride we've seen?

BURLE: Well, I knew that because of the situation. Waves were huge and a lot of water moving around and when I was going for the wave, he saw the swell. And I was scared for my life, too, but I think I got -- it was the last week of the day. Everybody was complaining about the bumps and the wind was stronger by that time.

But I knew I had a window in between the wind, you know, the change of the tide and the wind directional change. So when I went for the wave, it was a little bit glasser. I think that's why I managed to do it because I was going so fast. I was just holding myself because I knew if I fell it would be hard to survive.

BOLDUAN: The good thing is you made it and by doing it, you not only broke a record likely, but you also brought us some amazing video at the same time. Congratulations. It was really great to see it. It's great to meet you. Thank you so much.

Coming up next on NEW DAY, in just an hour or so, Health and Human Services Secretary Kathleen Sebelius will be entering the lion's den, testifying before a House committee on the failures of the Obamacare web site. We're going to bring to you live, but what should we expect?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I'm saying it is working. It's just not working at the speed that we want.

(END VIDEO CLIP)

CUOMO: Happening now, Kathleen Sebelius just an hour away from a Capitol Hill grilling. CNN gets new information of just how early the administration was warned about the web site's problems.

BOLDUAN: Not so happy Halloween, the eastern half of the nation bracing for a brutal couple of days. Tornadoes today as heavy rain and winds and flash flooding march east.

PEREIRA: What she saw. The youngest daughter of Martin Macneill, the doctor accused of murdering his wife, talking about what happened that fateful night. She was just 7 years old at the time.

CUOMO: Your NEW DAY continues right now.

BOLDUAN: Good morning and welcome back to NEW DAY, everyone. It is Wednesday, October 30th, 8:00 in the east. Top intelligence officials in the hot seat acknowledging the U.S. spies on other countries including its own allies. Now some of those allies want some serious answers. European Union officials heading to the White House today. Fareed Zakaria will be joining us live in just a moment to talk about all of it.

CUOMO: An 8-year-old Denver girl screams may have saved her life. The search is on right now for the man accused of trying to take her from her own home. It's a frightening story. We're going to bring you all up-to-date on it.

PEREIRA: And an amazing story that we are going to bring you. You have to see it, a bus driver really going above and beyond the call of duty and saves a life. We'll show you what he did. It was all caught on camera.