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NEW DAY SUNDAY

Shooting at LAX; Security High at NYC Marathon; Court Strikes Down Key Obamacare Provision

Aired November 3, 2013 - 07:00   ET

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


UNIDENTIFIED FEMALE: We are all heartbroken and will miss him dearly.

(END VIDEO CLIP)

VICTOR BLACKWELL, CNN ANCHOR: Paul Ciancia was shot in the chest and is in the hospital. And now, he faces two felony charges -- murder of a federal officer and commission of violence at an international airport.

CHRISTI PAUL, CNN ANCHOR: And we know terminal 3 at LAX is open again this morning.

CNN's Kyung Lah went there, though, to walk us through exactly how the suspect executed his deadly rampage.

(BEGIN VIDEOTAPE)

KYUNG LAH, CNN CORRESPONDENT (voice-over): Investigators are still piecing together their timeline of what happened inside of terminal 3. They don't know every step of Paul Ciancia's path to the terminal.

(on camera): Here is what they do know. A roommate dropped him off here at the airport. He entered at about 9:20 in the morning, and one of these entrances at terminal 3. And a picture like this one, as well as surveillance video, the gun was a .223 assault rifle which Ciancia concealed in a bag.

He then approached TSA officer Gerardo Hernandez who is standing there with those flowers. This is a prescreening area and he shot him pointblank multiple times in the chest. He then got on this escalator.

ANDRE BIROTTE JR., U.S. ATTORNEY: The defendant is then alleged to have began walking away from the wounded TSA officer, going up an escalator and then coming back down at escalator to return and shoot the wounded officer again.

LAH: At the top of the escalators is the security check point. At some point, he wounded two additional TSA officers and one passenger. This is the other side of the security check point. From here, the gunman made his way deep into terminal 3. Cell phone video captured the chaos as he neared the passenger gates.

ALEX NEUMANN, WITNESS: People were running and getting knocked down, and there was luggage everywhere. And mayhem was the best way to explain it.

LAH (voice-over): We are speeding up the video, so you can see his path as he wound to the terminal, making his way to the gate area.

(on camera): Ciancia had five loaded magazine, a host of unspent ammo, enough, said the mayor of Los Angeles, to kill everybody in this terminal. It ended right around here with Los Angeles airport police shot the gunman. A handwritten note was found on him.

DAVID BOWDICH, FBI AGENT IN CHARGE: We found a statement where he made a conscious decision to kill multiple TSA employees. He addressed them at one point in the letter and stated that he wanted to, quote, "instill fear into their traitorous minds."

LAH: As the FBI works out the details of this murderous path, the TSA is also asking how in the post-9/11 era, did a gunman make it this close to an airline passenger plane?

JOHN PISTOLE, TSA ADMINISTRATOR: This gives us great concern, and we will look at what our policies are, and it's all done in cooperation with each airport police agency and how we go about providing for the best possible security.

LAH (voice-over): Because on this day in America's third busiest airport, it failed to prevent one man with a gun from doing this.

Kyung Lah, CNN, Los Angeles.

(END VIDEOTAPE)

PAUL: Now, you know investigators are looking into Paul Ciancia's past, and the disturbing message he sent to his family before the shooting. Police are investigating at his family's home in Pennsville, New Jersey. He left that area to move to L.A. about 18 months ago. We know that much.

It seems, though, that not a lot of people knew him well. We know he went to an all-boys Catholic high school and classmates say he was quiet and kept to himself. They also say he may have been bullied.

BLACKWELL: It's race day in New York. In less than two hours, runners will take part in the New York City marathon.

Now, if you're heading to the course, get their early because security is expected to be tighter than usual.

CNN's Alexandra Field is live in New York.

Alexandra, good morning.

Tell us more about some of these unprecedented, really, security measures.

ALEXANDRA FIELD, CNN CORRESPONDENT: Well, Victor, the plan to make this a safer event and an even safer event started on the day after the Boston marathon bombings. Ever since, New York City police have been doing everything they can to keep these runners and these spectators safe. We're told that there are at least 1,500 cameras along that 26.2-mile marathon route, hundreds of those cameras will be monitored live.

There are also bomb-sniffing dogs along the route. Scuba divers have already swept the city shoreline. The goal there is to make sure the bridges are safe. Runners will have to cross five bridges to make it to the finish line.

And spectators who are coming out to witness this great event in this city are also being told that they need to prepare for some extra security. They could be subject to random search, especially if they're carrying bags or backpacks.

New York City's police commissioner, Ray Kelly, said that everything has been done that can be done at this point. The goal, of course, is to keep the runners and everyone who wants to watch this safe.

Here's what he said.

(BEGIN VIDEO CLIP)

COMMISSIONER RAY KELLY, NEW YORK CITY POLICE: I think this will be the best protected race that, you know, they can enter. There's no guarantees in the post-9/11 world, but we are doing everything we reasonably can to protect the runners, protect spectators, and let this be a safe and enjoyable event.

(END VIDEO CLIP)

FIELD: Kelly says New York police officers met with Boston and Massachusetts officers. They brought them down to New York for a week for a debrief following the Boston marathon attack -- Victor, Christie.

PAUL: Alexandra, I know you are there on Staten Island where the whole thing kicks off. I'm wondering what the runners -- you know, have you talked to any of them to get their reaction to some of the restrictions?

FIELD: Well, Christie, you will remember that this marathon was canceled last year in the aftermath of Superstorm Sandy. It wasn't possible for these runners to complete the race that they have trained for so long for.

So, these people are happy to be here. They did not get the opportunity last year, even if they had to deal with stepped up restrictions, it's something they are willing to go through.

There are extra restrictions just for the runners. They are all being screened before they get to the starting point. They are being told that they cannot wear masks, they cannot wear bulky costumes, they cannot carry backpacks or water packs -- all extra steps to try and keep a very long and difficult route safe for them -- Victor, Christie.

PAUL: All righty. Alexandra Field at the New York City marathon this morning -- thank you so much.

Well, a federal appeals court deals a big blow to Obamacare.

BLACKWELL: Yes, what the decision on mandatory birth control coverage means for companies and their workers.

Seven minutes after the hour now, wake up. You are watching NEW DAY SUNDAY.

(COMMERCIAL BREAK)

PAUL: We certainly are glad that you are waking up with us in Washington, D.C. -- well, if you are there.

A live look at the Capitol building this morning. A little cloudy, but you can see that sun peeking through. Leaves are changing, and a lot of color there we understand.

And the forecast today is going to be a pretty one, Victor.

BLACKWELL: Yes, a very pretty day. You know, speaking of Washington, a lot of problems still with Obamacare. And maybe if you are thinking about applying for Obamacare online this morning -- yes, don't bother.

PAUL: They are saying Healthcare.gov went down last night while a tech team works on the site's many problems. Now, it is scheduled to be down a couple more hours. So, you know, a top official says you should notice improvements by next week.

BLACKWELL: Yes. In the meantime, you can apply the old- fashioned way. You can do so by phone. If you watched the last hearing on Obamacare, you know it was pretty lively.

Well, Kathleen Sebelius is coming back for more. The health and human services secretary returns to Capitol Hill Wednesday for Obamacare testimony, this time in front of the Senate Finance Committee.

Sebelius was promoting Obamacare in Memphis. Look at this. This happened on Friday. She got a surprise gift. Look at her hand there. A Tennessee state senator handed her a copy of the book "Websites for Dummies."

PAUL: As though all of this isn't enough. A federal court takes a significant bite out of Obamacare. We are talking about this three- judge panel that struck down a key provision on mandatory contraceptive coverage.

Live from Washington and CNN's Barbara Starr now.

So, Barbara, kind of walk us through what's going on with this.

BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, struck down at least for now, certainly, a provision requires some businesses with 50 or more employees to provide insurance for birth control or pay a substantial fine.

Now, this federal appeals court has struck that down for now. The court ruled the company that brought the suit, Freshway Foods of Ohio could not be forced to provide birth control. The company's other choice if they did not was to pay a $14 million fine.

The key issue here, the owners of the company are of the Catholic faith and objected on religious grounds. But wrinkled here, it's interesting, the suit was filed in the name of the company and the company cannot express religious beliefs. So, the court addressed that, but in the 2-1 decision, the court said forcing the owners to provide this kind of coverage would challenge their religious beliefs.

So, for now, they struck it down in the federal court and are allowing the suit to proceed to challenge that coverage mandate.

BLACKWELL: OK. So, Barbara, we've got this ruling from this single court, but there are dozens of lawsuits on this issue, different courts reaching different results. I mean, how does this all finally get sorted out?

STARR: Yes, absolutely. You know, could it get any more complex? By some counts, there are some 75 federal lawsuits around the country on this matter, three are on appeal at the Supreme Court and no word on when the high court might rule on all of that.

But given the number of suits and issues here, it sure looks like it's going to be up to the Supreme Court to decide on this key point on Affordable Care, also known as Obamacare.

PAUL: All righty. Barbara Starr, live for us there. Good to see you this morning, Barbara, thank you.

BLACKWELL: Still to come on NEW DAY, "Saturday Night Live." If you were up that late, good for you for being up this early the next day. You know, it's known for making fun of all of the controversies in the news, but what happens when n "SNL" itself is under fire especially for the lack of diversity.

PAUL: Well, this is what happens. Actress Kerry Washington guest hosts. She did so last night. And that show tackled this issue head on.

We'll have more for you after this.

(COMMERCIAL BREAK)

BLACKWELL: Good morning, Chicago.

A live look at the Windy City this morning. Sun still trying to creep up there.

I love Chicago, but my first few thoughts about Chicago are food. I love the pizza, the popcorn. Oh, man, I do love that city.

A high of 53 degrees today, which is actually pretty nice for this time of year for Chicago.

PAUL: You are keeping of food, because that keeps you warm in Chicago.

BLACKWELL: Yes, anything that keeps your warm.

A Cirque du Soleil performer in Las Vegas is covering this morning after a pretty serious fall. The acrobat fell from a spinning apparatus called the Wheel of Death.

PAUL: Now, officials say he is in stable condition and expected to leave the hospital in the next few days. But remember back in June, a Cirque du Soleil performer fell nearly 100 feet to her death after her safety wire broke.

Investigators in Wisconsin are trying to figure out why a pair of planes, both of them carrying sky divers collided in midair. Now, the sky divers were getting ready for a formation jump after the planes hit each other. One of the planes lost its wing, then burst into flames. But that pilot was able to jump out. The other plane landed safely. So, only minor injuries reported thankfully.

BLACKWELL: So, there was an historic and a natural phenomenon this morning. If you missed it, it's OK, because it was less two minutes. We're talking about this rare solar eclipse that lasted two minutes at sunrise this morning, and people living along the East Coast they were able to seat partial eclipse, which looked like a half moon a bit.

Meantime, it's marathon day in New York City. So, will you need the hats and gloves if you are cheering on friends along the route?

Let's bring in Alexandra Steele in the CNN weather center.

So, really, festive active morning in New York.

ALEXANDRA STEELE, AMS METEOROLOGIST: Absolutely, and I like our deejay. We've got --

(LAUGHTER)

BLACKWELL: Yes.

STEELE: All right. Solar eclipse is when the moon passes between the earth and the sun. And the sun gets partially blocked by the moon's shadow.

So, again, what we saw along the Eastern Seaboard for a brief time during the sunrise was a partial eclipse. What is rare about this, it's actually called a hybrid eclipse, and some will see a partial, but then it's going to eclipse or phase into a total eclipse in Africa. And they're very rare. Actually, last time we had the hybrid going from one to the other was in the 1800s, and won't happen for another 172 years.

All right. So, this morning, it is cold in New York City. Temperatures in the 30s, plus, we've got a very strong.

Alexandra Field is out there reporting from New York City marathon and you can see how cold it is with the trees blowing around behind here. Right now, we've got wind gusts at about 20 to 25 miles per hour, sustained winds today between about 10 and 20.

So, kind of gusty out there, highs only in the 40s. And temperatures today will only stay for a high of 49 in New York, and it should be well warmer than that, almost 60 degrees.

So, today, it's actually, and tomorrow, the lowest temperatures. Then, we're going to start to warm things up. Even in Marquette and Detroit, and Boston, temperatures below average and then we will watch things warm up.

How that's going to happen is we're going to see a change in the wind direction, but big picture, cold but sunny in the Northeast and Southeast as well, and snow come into the Pacific Northwest. Denver, Colorado, 60s today, by Tuesday, 30s and snow.

PAUL: Oh, my goodness.

BLACKWELL: We'll get ready for it. Alexandra Steele, thank you very much.

STEELE: Sure.

BLACKWELL: "Saturday Night Live" pokes fun at, OK, itself last night.

PAUL: Yes.

BLACKWELL: It tackled head on all the criticism it has gotten lately over the show's lack of diversity.

PAUL: Remember "SNL" veteran Keenan Thompson, he made headlines last month saying he is done playing female characters, specifically black female characters. This was in protest of the lack of black women on the "SNL" cast, because he pointed out the hit show hasn't had a black woman on its cast since Maya Rudolph. That was back in 2007.

BLACKWELL: So, "SNL" decided to respond to the controversy. You see here, Kerry Washington, obviously an African-American actress. She was the guest host. Watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I am so sorry to interrupt, but Oprah Winfrey has arrived for the dinner and she would love to pop in and say hello. UNIDENTIFIED MALE: Well, that's wonderful.

UNIDENTIFIED FEMALE: What a nice surprise.

UNIDENTIFIED MALE: Isn't it? Don't you think you should go and get changed?

UNIDENTIFIED FEMALE: Why?

UNIDENTIFIED MALE: So that Oprah can come in?

UNIDENTIFIED FEMALE: Oh, because of the whole --

UNIDENTIFIED MALE: Yes, exactly.

UNIDENTIFIED FEMALE: And Keenan won't --

UNIDENTIFIED MALE: Nope.

UNIDENTIFIED FEMALE: Well, in that case, I will leave and in a few minutes Oprah will be here.

UNIDENTIFIED MALE: Thank you, Mrs. Obama.

ANNOUNCER: The producers at "Saturday Night Live" would like to apologize to Kerry Washington for the number of black women she will be asked to play tonight. We made these requests both because Ms. Washington is an actress of considerable range and talent, and also because "SNL" does not have currently black women in the cast.

As for the latter reason, we agree that this is not an ideal situation and look forward to rectifying it in the near feature, unless, of course, we fall in love with another guy first.

UNIDENTIFIED FEMALE: I'm here.

(END VIDEO CLIP)

PAUL: Oh, my gosh, is she good.

BLACKWELL: Yes.

PAUL: And what a quick change.

BLACKWELL: A quick change, yes, and an acknowledgeable by the show that it's something to have to rectify, but they did it in the way that's still entertaining.

PAUL: They are so clever.

BLACKWELL: Yes, they really did that way.

PAUL: Because that's a touchy subject.

BLACKWELL: It is very difficult and still make funny to address it. But they did it. PAUL: They did it.

BLACKWELL: So, a serious story here -- a 16-year-old girl, she is dying of a brain tumor, but she is telling the world hear her roar.

(VIDEO CLIP PLAYS)

BLACKWELL: She's got a great voice, too. After the break, hear the teen's touching rendition of Katy Perry's hit song, "Roar." It's inspiring a response from the singer herself. That's next.

PAUL: Looking forward to that.

First, though, let's check in with Dr. Sanjay Gupta for a look of what's coming up on "SGMD", 7:30 Eastern.

Hey, Sanjay.

(BEGIN VIDEO CLIP)

DR. SANJAY GUPTA, CNN CHIEF MEDICAL CORRESPONDENT: Christi, ahead on "SGMD," literally coming back from the dead. You're going to see some remarkable video of someone who was rescued from an overdose. In fact, every 19 minutes in this country, someone died from a prescription drug overdose. The question we are answering, could a simple medication be an antidote to that prescription drug overdose epidemic?

Join us and find out at the bottom of the hour.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

PAUL: All right. I want to tell you about this incredible teenager who is inspiring people all around the world, including pop star, Katy Perry. I mean, it's her bravery that's really doing it.

BLACKWELL: It really is. Her name is Olivia Wise. She's just 16 and she's dying of an inoperable brain tumor. Now, she's always loved to sing for friends and families. So, in September, she wanted to do something to bring happiness so they could always hear her voice. So, she went to a recording studio and while sitting in a wheelchair, she recorded Katy Perry's hit song "Roar." Here's part of it, listen.

(VIDEO CLIP PLAYS)

PAUL: Oh my gosh, that just tears you up to her little voice. The response to her video has been so huge. Katy Perry heard about it and sent her own video to Olivia and her family.

(BEGIN VIDEO CLIP)

KATY PERRY, POP SINGER: Hey, Olivia. It's Katy Perry here. I just wanted to reach back out to you and tell you that I saw your video and I was very moved and you sounded great for being in the studio and making your wish to record that song. I thought that was really cool.

I love you, and a lot of people love you and that's why your video got to me and it moved everybody that saw it. So, I wanted to send you some love and some light and tell you that I am thinking about you. Thank you so much. Keep roaring.

(END VIDEO CLIP)

PAUL: Oh, keep roaring.

Olivia, we understand is home now. Her family says she is only conscious for moments at a time, but she is aware of everything that's happened.

BLACKWELL: We consider the love she displayed by making that video for them so they could be comforted in this time that she's struggling.

Now, the Liv Wise Fund which was started in Olivia's name has raised more than $27,000 for brain tumor research.

PAUL: Thinking of that family and her, certainly, and keeping them in our thoughts.

BLACKWELL: Here's another amazing moment we want to show you this morning. It's from the Boston parade yesterday. Watch this.

(VIDEO CLIP PLAYS)

BLACKWELL: Incredible moment during the Red Sox parade yesterday when a couple players laid the World Series trophy at the finish line of the Boston marathon finish line and then they started to sing.

(VIDEO CLIP PLAYS)

PAUL: Boy, saluting all those folks there today. And we're going to see you back here at the top of the hour, 8:00 Eastern, for another hour of NEW DAY SUNDAY.

BLACKWELL: "SGMD" starts right now.