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Video Released of Prisoner Who Died of Food Allergy; Report Suggests Yasser Arafat Died of Poisoning; Extreme Deals On Wal-Mart Site; Kevin Ware Returns To The Court

Aired November 7, 2013 - 06:30   ET


CHRIS CUOMO, CNN ANCHOR: The video's tough for the family to watch, all of us to watch. It's not easy. But you make the right point. You have to watch it because the crime here is of not coming forward and discussing the situation. That's what fuels all the doubt about officials.

SAMBOLIN: And the anger.

CUOMO: And the anger, is that they -- they're not coming forward pending litigation is a convenient situation here to hide from a discussion they need to have.

SAMBOLIN: Well, when you see the video, then it really just breaks your heart, because this young man really tried to save his own life and his family says, look, he was very vigilant about what he ate because he knew he had a severe allergy.


PEREIRA: And the fact that recreational use of marijuana was legalized --

SAMBOLIN: Oh, I know. I know. Terrible.

CUOMO: Could have been anything. Doesn't matter what he was in there for. They have a responsibility to tell the truth and to come out and come forward. And we don't see it enough. There's not enough accountability.

BOLDUAN: You're absolutely right.

Thanks, Zoraida.

SAMBOLIN: You're welcome.

CUOMO: All right. Coming up on NEW DAY, this gives new meaning to a rollback. Wal-mart deeply discounting all sorts of items on its website. That's good. They now say it was a mistake. That's not good. Some customers are crying foul. We'll tell you why and we'll guess at what's going to happen.


CUOMO: If The Boss says it, it must be true and of course we are all waiting on a sunny day. So let's get to Karen Maginnis in for Indra Petersons with the forecast.

What do you see out there?

KAREN MAGINNIS, AMS METEOROLOGIST: Yes, we have an approaching frontal system. This will move in and out fairly quickly. That's the good news. We're already starting to see some of the delays as a frontal system edges across the region and in the forecast going into late in the day on Friday.

Behind it we could see some lake effect snow. It's going to be very isolated area. But already for the New York City area, LaGuardia, we're expecting hour delays there, ground delays, also in Philadelphia as the approaching frontal system will be a rainmaker but not just rain. It's going to be fairly blustery behind this weather system as well.

Right now, the bulk of that precipitation from Syracuse towards Punxsutawney, Pittsburgh, Cincinnati and Cleveland. Gradually making its way into Washington, D.C., into New York, also into Boston.

As I mentioned the winds behind this, expected to be out of the west and the northwest blowing in, as we go into the afternoon, up to 35 miles per hour. Generally speaking, as I mentioned, this is going to be a weathermaker first but then a windmaker and much colder temperatures going into the end of the workweek.

Guess what? On Monday, we'll see some of the coldest air of the season.

Back to you guys.

BOLDUAN: All right, Karen, thanks so much. Time now for our political gut check of the morning.

More worries from Senate Democrats who see the botched Obamacare roll- out hurting their chances, possibly, for re-election and doubts remain as Secretary Sebelius reports a couple hundred fixes still need to be made to that website.

CNN's chief national correspondent John King is here from Miami this morning to break it down.

A different day, a different city for you, John. Good morning.

JOHN KING, CNN HOST: Good morning, Kate.

BOLDUAN: So let's talk about lessons learned after this election. Especially when you talk about the role of Obamacare in these races. The Democratic senators at the White House, it sounds like they basically told the president, help us lessen the blow of Obamacare when we're facing re-election.

What are you hearing?

KING: I talked to one of the senators at this meeting yesterday. This is what I was told. We have this great sense of urgency. They say take some time, give us until the spring. Those two are at odds right now.

The Republicans are enjoying this, Kate. The Republicans have been demanding delaying, changing, voiding Obamacare. Right now the Republicans can sit in their comfy chairs and watch the Democrats.

A lot of Democrats dispute this, but these Democrats up next year, they see health care as a big motivator for the Republican base. And that Virginia governor's race. What they are saying is, Mr. President, we need to be able to go home and show we have done something about this. You need to let us force insurance, pass a law that forces insurance companies to reissue those policies that have been canceled. Extend the deadline for signing up, extend the -- waive the penalty, extend the deadline for the penalty if you don't sign up for insurance.

They also raise questions about the website and personal security, privacy of information.

What they were told at the White House is, look, this election is over. You have another year until you have to face election. Give us several months. But hose Democrats didn't like that answer, Kate. Remember, we have to go through the whole budget, debt ceiling, et cetera debate in another month. Democrats will be demanding changes to Obamacare. And the Republicans are saying that they'll decide which ones to try to attach in the Senate after they watch the Democrats go about this for a little bit longer.

BOLDUAN: That will be interesting to see play out, that's for sure.

KING: To say the least.

BOLDUAN: To say the least.

Let's talk about the other election everyone has been looking at, the re-election of Chris Christie, the day after the election, not much time, you're already seeing veiled and not so veiled swipes being taken at him by fellow Republicans, Marco Rubio, Rand Paul.

If Christie's brand is so popular, why are they taking him on?

KING: In part because we're asking them the questions. Let's be honest.



Good point. True.

KING: We create some of the conflict by going to the other potential candidates and say what do you think of the new -- Chris Christie comes out of this with a premiere brand in Republican politics. That's great for him right now.

But if he is running for president, again, we're talking in November 2013, the Iowa caucuses would be in January 2016, New York, South Carolina, (INAUDIBLE). So there is a long way to go. But this is inevitable. It is part of the process.

So what are you hearing? Marco Rubio from this state of Florida, he says, yes, sure, he did great in New Jersey but New Jersey is New Jersey. New Jersey is not America, maybe.

Is that a fact? Yes, sure. There are fewer evangelical Christians in New Jersey than Chris Christie would have to appeal to in Iowa. Gun rights might be a bigger issue in New Hampshire, where you have a lot of Libertarians than it is in the state of New Jersey.

So they're taking shots at the guy -- should we call him the front- runner? Can we call him anything like that? He's the guy getting the most attention right now.

But boy, oh, boy is it early. And I can tell you, I'm in Miami because I was here for an event last night, a lot of civic leaders, Latino leaders, business leaders and they're a bit disappointed in their freshman senator, Marco Rubio. They thought he was the star on the rise. They think he's fizzled in recent months. And what a lot of them told me is he should worry about himself, not anybody else right now.

BOLDUAN: The one thing about when you fizzle, you can always come back. And as you said, there's a lot of time for that to happen for Marco Rubio.


KING: There's a lot of time for all of these guys. The nature of the permanent campaign, I think this is one of the reasons that most people around the country get a little disgusted, sometimes a little stronger word about Washington is we just had an election. Their view is, could we spend maybe at least a couple weeks, maybe a month or two actually doing things before we worry about the next election?

But it's an inevitable part of the permanent campaign, I guess.

BOLDUAN: Permanent campaign. Either music to your ears or a nightmare coming true, can't tell which.

Thanks, John.

KING: Jobs program for me.

BOLDUAN: Jobs program. See, we're creating jobs. See you, John.

CUOMO: All right. We'll take a break here on NEW DAY.

When we come back, you log on to Great, finding incredible prices. That's why you're there. What do you do? You buy, of course. Now the store is saying, no, we won't honor those amazing prices. Why? Well, it was a mistake. Customers aren't happy.

BOLDUAN: And just a day at the races or is it? How many horses does this racer have under his hood? It's our must-see moment today, coming up next.



BOLDUAN: Welcome back to NEW DAY, everyone, let's go around the world now, starting in Israel where there is new evidence someone may have poisoned the late Palestinian leader Yasser Arafat. Matthew Chance has more.

MATTHEW CHANCE, CNN SR. INTL. CORRESPONDENT: Unexpectedly high levels of radioactive polonium, moderately supporting the theory that Yasser Arafat died as a result of poisoning, that's the conclusion of a new Swiss forensic report into the death of the late Palestinian leader, who's buried in this tomb in Ramallah.

His widow, Suha Arafat, says the results reveal what she calls a real crime, a political assassination. Palestinians are pointing the finger of blame at Israel. Israeli officials are denying any involvement in his death.

Back to you, Kate.

BOLDUAN: All right, Matthew, thank you so much.

The Philippines being slammed by a massive super typhoon. Andrew Stevens has more --

MATTHEW CHANCE, CNN CORRESPONDENT: Palestinians are pointing the finger of blame at Israel. Israeli officials are denying any involvement in his death. Back to you, Kate.

BOLDUAN: All right. Matthew, thank you so much.

The Philippines being slammed by a massive super typhoon. Andrew Stevens has more in Manila.

ANDREW STEVENS, CNN CORRESPONDENT: The Philippines is no stranger to extreme weather, but even by those standards, this is being labeled as one of the most dangerous storms ever to hit the country. In fact, it's the most powerful system on the planet so far this year. Forecasters are expecting winds gusting up to 300 kilometers an hour. That's 200 miles an hour.

Police and the emergency crews are on the highest possible alert as a central part of this country battens down and waits. Memories of two previous late-season storms which claimed the lives of hundreds of people are still fresh -- Kate.

BOLDUAN: All right. Andrew, thank you so much.

And to space, the Olympic torch is now in space, part of the pomp leading up to the Olympics in Sochi, Russia. Phil Black has more.

PHIL BLACK, CNN CORRESPONDENT: The Soyuz rocket decorated with snowflakes and Sochi's Olympic logo blasted into the sky from Russia's (INAUDIBLE) in neighboring Kazakhstan. Aboard, three astronauts, including NASA's Richard Mastracchio and the Olympic torch. It's not the first torch to be carried into orbit, but this one will go in no Olympic torch is going before and we carried by hand during a spacewalk on Saturday. For pretty obvious safety reasons, the Olympic flame remains back here on Earth. Back to you, Kate.

BOLDUAN: Phil, thank you so much.

PEREIRA: All right. Let's talk Wal-Mart. It's known for, of course, its low prices, not quite like this. TVs for eight bucks? A $200 kayak for $11? The company says it was a technical glitch on its website that led to some pretty amazing deals on its website and it is not the first time a website has accidentally cut costs. We have consumers spending analyst, Hitha Prabhakar, here to talk about this.

Boy, I would have thought I had died and gone to heaven if I found some of those. Let's take a closer look, why don't we, at some of the deals that we saw. I mean, amazing. I think we have a full screen. A treadmill for $33.


PEREIRA: This has got to be a nightmare for Wal-Mart.

PRABHAKAR: Right. A nightmare is an understatement. I think what they were trying to do here is really capture that customer. They're losing market share, which basically means customer attrition to stores like Target, to Amazon, and what they would try to do was roll out these deals on November 1st saying, hey, we have these holiday deals. We're going to provide them for everyone and the next couple days decided to proceed to put those deals out there.

But this glitch happened and you saw almost a 90 percent discount on some of these items. But instead of honoring those deals, they said, essentially, 'Our bad, we're going to give you a $10 gift certificate and we're not going to go ahead and honor those.'

PEREIRA: So they didn't give me the $33 treadmill?

PRABHAKAR: No, they didn't. Sorry to disappoint you.

PEREIRA: Just a gift card instead.

CUOMO: Probably don't have to. If it's a real glitch as opposed to just a valid offer. If there was a valid offer, the only way they get out is through supply, but if it's a glitch, I guess, the issue becomes, did they make up the right way?

PRABHAKAR: Well, I don't know. If you think the $10 is the right way. But here's the problem. Wal-Mart has, again, had some, you know, serious issues with customers over the past couple years. They are struggling to maintain sales. They finally got their traction. I think, you know, from a PR standpoint, they might have gone the road of Banksy and just had a one-off and just let it -- you know, the customers maybe have these deals. But instead, they offered the $10 gift certificate. BOLDUAN: How many customers were impacted by this? Do we know?

PRABHAKAR: It was a frenzy yesterday. So, we're assuming, you know, a couple hundred.

PEREIRA: Wait, wait, wait. Isn't the customer right? If I see a deal online, does the company not have to --

CUOMO: The law against complicated. It has to be a bona fide offer, has to be subject to the supply. You can't have correctable errors. You learn about all this in law school.


CUOMO: The question though becomes, you know, not about the law but about what's right, you know? And 10 bucks sounds a little on the thin side.

PRABHAKAR: Right. Exactly. And you know, again, Wal-Mart is really trying to cater to their customer. It's the holiday. They rolled out these deals online to make sure that those customers came in and shopped at their store and stayed at their store.

If they wanted to maintain that customer, they would have honored those deals and said, OK, you know what, we made a mistake, exactly what you were saying, Michaela, customers always right, we're going to go ahead and give you that deal.

BOLDUAN: And they have a choice, correct? I mean, we saw a similar type of glitch happen with airfares a short time ago. They honored those airfares. Why not --


PRABHAKAR: Exactly. Exactly. And, at the same time, this again, we're talking about holidays. They're trying to get the product out the door. The last thing these retailers want to see are stocked shelves come December 22nd. So, you would think that this is just one way to make sure that that customer is happy and get enough product out.

PEREIRA: I was going to say, it feels like echoes -- didn't do their due diligence, Obamacare much? You know what I mean? I'm thinking -- just saying, a little tech savvy in advance. It just seems like they could have --

PRABHAKAR: We're talking about gigantic companies. You would think that they would be testing before they would go ahead and put those deals out there.

CUOMO: Kathleen Sebelius says it's going to be fixed very soon. A lot of people are going in to get the offers, too.


PEREIRA: There's an interesting comparison. And I think you and I both saw that, too. Great to have you here. Thanks so much for joining us.

PRABHAKAR: Thanks for having me.

PEREIRA: Time for our "Must-See Moment" today. I love the music.


PEREIRA: (voice-over): Spectators at horse and cart race in the Netherlands getting quite a surprise when this came barreling toward the finish line. Oh, yes. That's a rabbit, a silly wabbit at the bottom of your screen stole the show. It jumped into the race and really showed up the horses.

Now to be fair, he joined in the last tenth of a mile or so. He did cross the finish line first. And I think surprised everybody. I don't think anybody bet on the rabbit.

CUOMO (voice-over): The horses are forced to trot also. They're not allowed to run. I mean, I heard that there was a big backlash from the horses --

BOLDUAN (voice-over): Yes. There's a protest going on, because I'll tell you, in the horse's defense, they're pulling people.

PEREIRA: The horse apologist.

BOLDUAN: And the rabbit is, you know, solo.

PEREIRA: Free. Just his fur.

BOLDUAN: All right. I think we pled that one out.


CUOMO (on-camera): That was good. That rabbit was really happy it wasn't a dog race.


PEREIRA (on-camera): It wouldn't have ended quite as well.

Coming up on "NEW DAY", if you always wanted to own a piece of Twitter, today is your chance. The site is going public. We know the price. We'll tell it to you. But the big question is, is this worth it? Is this the right move for your 401(k) or #holdoff.

BOLDUAN (on-camera): Also ahead, we're now hearing the frightening calls from inside a New Jersey shopping mall where a man opened fire. You remember the story. You want to hear these calls. We'll bring it to you, next.



CONAN O'BRIEN, HOST, "CONAN": The mayor of Toronto said he smoked crack, but it will never happen again. In other words, he's discovered meth.


O'BRIEN: He's moved on.

DAVID LETTERMAN, HOST, "LATE SHOW WITH DAVID LETTERMAN": But here's the deal. He says I was so drunk --

UNIDENTIFIED MALE: Yes, that's right. That's right.

LETTERMAN -- I didn't know I was smoking crack. Huh? Pretty good, isn't it? In legal circles, that's known as the Lindsay Lohan defense.



BOLDUAN: Effective. Effective in the courtroom.

CUOMO: I know, usually, you know, you don't want to joke about addiction, but this guy is breaking some rules. Breaking some rules.

All right. So, you're going to remember this. Everybody saw it. It was one of the most gruesome injuries ever seen on a basketball court, and now, it is one of the most amazing comebacks ever. Less than eight months later, Louisville star, Kevin Ware, back in action. Let's bring in Andy Scholes for this morning's "Bleacher Report."

Boy, you know, we heard Sanjay tell us I know it looks bad, but he'll actually be back. Nobody believed it. Kate and I got to meet the guy and he was like, I'll be back next season. And he is.

ANDY SCHOLES, BLEACHER REPORT: Yes. This is often, guys. And you know, he was just cleared to start practicing on Sunday. He didn't expect to play last night, but Louisville head coach, Rick Pitino, he surprised everyone when he called Ware's number. This was that picture we all remember just last March as Ware laying on the court after suffering that gruesome broken leg during the NCAA tournament.

But hey, last night, Ware showed he's all heeled up. He came into the game halfway through the second half, got a standing ovation, and check him out, guys, knocked down the first shot. He takes the three- pointer. Definitely awesome, awesome thing to see.

UCLA doctors have told ESPN's "Outside the Lines" that former Cowboys running back, Tony Dorsett, has been diagnosed with CTE, which is a brain disease caused by head trauma. Dorsett seeked out testing because of memory loss, depression, and thoughts of suicide. His condition has gotten so bad he often forgets where he's going while he's flying and driving.

Dorsett says he doesn't know how many concussions he suffered while playing, but they were numerous.

All right. Trending on today is this crazy video from last night's Blackhawks/Jets game. The Jets Adam Pardy gets checked through the glass. Check it out. A fan steals his helmet and puts it on. Now, that wasn't the worst part. This lady next to him puts her -- pours her beer on top of Pardy's head. Now, guys, this is exactly why I do not play hockey in the NHL. Moments like that.

BOLDUAN: I guess we can call them passionate fans. I'm not sure.

SCHOLES: They're hard core in Chicago.

BOLDUAN: I guess so. Thanks, Andy. I will not pour my beer on your head.

CUOMO: Thank you very much for that.

BOLDUAN: OK. We're now at the top of the hour which means it's time for the top news.

CUOMO: As I move my coffee.



UNIDENTIFIED FEMALE: Somebody's shooting up Garden State Plaza right now. I'm in the bathroom.

UNIDENTIFIED MALE: All right, stay on the phone with me, sweetheart.

CUOMO: New this hour. The New Jersey mall shooting from the inside. 911 calls just released tell the story of the shooter's movements in the frantic hours waiting to be free.

BOLDUAN: Speaking out. He's the Massachusetts officer who was in hot water for releasing these photos of the Boston bomber as he surrendered while he has now left the police force and is joining us live.

PEREIRA: Bad taste. The photos everyone is talking about. The two young women dressed as the twin towers on fire smiling. They even won a prize for it.

CUOMO: Your NEW DAY starts right now.

ANNOUNCER: This is "NEW DAY" with Chris Cuomo, Kate Bolduan, and Michaela Pereira.


BOLDUAN: Good morning and welcome back to "NEW DAY", everyone. It is Thursday, November 7th, seven o'clock in the east.

In defense of Obamacare, the president says they're working overtime to get that website operating normally, and he's trying to calm the nerves of fellow democrats who fear the rocky roll-out could hurt them at the polls. Meantime, Health and Human Services secretary, Kathleen Sebelius, continuing to face pointed questions from lawmakers and also rejecting at the same time calls to delay the health care law roll- out.

Joining us now to talk more about this is Maggie Haberman, senior political reporter for Politico. Maggie, thanks for coming in.


BOLDUAN: So you have exactly what I said. You got -- the troubled roll-out continues. I want to talk about Democrats in just a second, but you also have -- can we call it the beginning of the fallout in personnel terms? The I.T. guy, the head tech guy who's in charge of this website. They say he's retiring, but what are you hearing behind the scenes? Is this the first domino to drop?

HABERMAN: -- the sense that he's the first domino to drop. I don't think you're actually going to see too many. Their hope is that they can contain this. They don't want to have a bunch of heads rolling. That becomes a terrible story going forward. I would argue you did not need to wait this long to increase the drip, drip, drip that's been happening around this.

They are mostly concerned with keeping Kathleen Sebelius. She is the main head that people are calling for. I don't expect to see her leaving, but I do think the longer this takes, the longer this goes, you are hearing more grumbling behind the scenes about not just sort of the intrinsic problems the government has and the attractibility of government in doing a project like this but its specific people are going to be the blame.

BOLDUAN: And the longer this takes and the longer it goes, more of a problem it becomes for Democrats outside of the administration. I mean, you have the meeting more than a dozen Senate Democrats at the White House yesterday. The sense is that they basically said help me help you.