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Tropical Storm Arthur Strengthening; Airport Security Raised Amid Bomb Concerns; Showdown Over Immigration; Israel Launches New Airstrikes on Gaza; Prosecutors to Lay Out Case in Hearing Against Dad Who Left Child in Hot Car; Sex Offenders Barely Punished For Parole Violations in California

Aired July 2, 2014 - 20:00   ET


JOHN BERMAN, CNN ANCHOR: Good evening, John Berman here in for Anderson.

Two big breaking stories, each involving your safety. A major storm on track to hit the Eastern Seaboard and fresh concerns that terror groups have found a new way of getting bombs on to airliners.

We start, though, with Tropical Storm Arthur very soon to be Hurricane Arthur, and our first clear indication of where peak impact will be.

For that, let's check in with Chad Myers at the Weather Center.

Chad, you've been in the Weather Center all day tracking this storm. How are things looking right now?

CHAD MYERS, AMS METEOROLOGIST: The pressure is getting lower and the winds are picking up. That means Arthur is about to get to that hurricane strength. Weather Center, Hurricane Center saying sure, by morning, probably this will be above that 74-mile-per-hour threshold. Everybody wants to know, will it affect me a little bit inland? And we don't know that.

You know, there's going to be these outer bands here, John, that are going to come on shore, maybe a rain shower. You can see one right there in Georgia. A big one right down through here in Florida. But there's no way to predict whether one of those ends up over Washington, D.C. or New York City as it gets closer to the northeast. There is just no possible way to predict that.

We can predict where the eye is going to be. We can probably predicts its size, about 80, 85 miles per hour. Yesterday Hurricane Center was thinking 90. That's still not out of the question. You can see the eye here in this three-dimensional depiction of what the radar looks like. The eye is right down there in the middle. Hurricane hunter aircraft flying through it right now. Finding the pressure going down, wind speeds picking up, and the storm doing exactly what we thought it was going to do.

This storm by tomorrow is going to be affecting the coast of South Carolina right through there and then it's going to be affecting the coast of North Carolina with onshore waves probably six to 10 feet tall. Over washing beaches, washing away beaches, maybe washing away some roads, certainly some devastation to the homes along those beaches as it does move right on up toward the north to the northeast.

This is as close to approach to D.C. and New York. Sometime around 2:00 tomorrow. Is it close enough to make a lot of rain? No. One band, maybe. Now is it close enough to make some showers and rain in Boston tomorrow night? Yes, absolutely. That's about 8:00 tomorrow night and then it moves over Newfoundland (ph), and all the way out even to Atlantic Canada, completely gone.

That's the good news. The computers are agreeing. I think all you need to do is stay out of the water, stay away from the windows if you're in the Carolinas. You'll be fine but these things still could get stronger. We'll watch it for you tomorrow if it does -- John.

BERMAN: Certainly looks like it will keep you busy, Chad, over the next few days. Thanks so much for that.

We all do need to keep a close eye on the storm over the next 48 hours, and you can bet CNN will.

Our other big story tonight, action being taken to mean what is being described as a different kind of threat to what is sadly a traditional target -- air travelers. Ever since Richard Reid tried and failed to set off explosives in his sneakers aboard a flight from Paris to Miami, there has been a kind of race between the bad guys and airport screeners when they started screening shoes.

The bad guys tried explosive underwear and managed to get a guy wearing a pair of them onto a flight from Amsterdam to Detroit. The fact that he and Reid failed to make their bombs detonate was welcome but not entirely comforting. After all they both did make it pass security.

Tonight the fear is that one or more bomb makers that come up with an even harder-to-detect device.

Jim Sciutto now on what's being done to answer that threat.


JIM SCIUTTO, CNN CHIEF NATIONAL SECURITY CORRESPONDENT (voice-over): They are the first line of defense for the American homeland -- foreign airports with direct flights to the U.S. And now the Department of Homeland Security is directing those international airports to step up their security screening.

In a written statement, DHS Secretary Jeh Johnson said, "We are sharing recent and relevant information with our foreign allies and are consulting the aviation industry." Among the changes passengers may see, more screening of electronics in shoes, more explosive detection machines and in some cases extra screenings at boarding gates.

Driving the new directive is increasing concern that terrorists from al Qaeda in the Arabian Peninsula or AQAP are refining bombs designed to avoid detection by current airport screening methods.

SETH JONES, RAND CORPORATION: Al Qaeda in the Arabian Peninsula has long looked for vulnerabilities in airport security and in particular finding ways to put together bombs using non-metallic material that can make its way through metal detectors but also try to hide bombs in body crevices that will not be easily identified by some of the newer machines in placed at airports.

SCIUTTO: This is the man believed to be behind the threat. AQAP master bomb maker Ibrahim al-Asiri. In recent months, U.S. officials have warned that Asiri and AQAP terrorists trained under him were improving designs of new explosive devices such shoe bombs that could fool screening systems.

We spoke about the new measures today with former DHS secretary, Michael Chertoff.

(On camera): How concerned should flyers be about what this means about the threat?

MICHAEL CHERTOFF, FORMER HOMELAND SECURITY SECRETARY: I would be mindful of the fact there is probably increased risk. I don't think it's dramatically different. I wouldn't not fly. The good news here is that the government sharing information with others and other parts of the world is responding to this.


BERMAN: Jim Sciutto joins us tonight.

Jim, how does the U.S. ensure that these new measures are adhered to at these overseas airports?

SCIUTTO: Well, it's a good question. Because of course the TSA does not do the screening overseas. It does it here at home. But they do have liaisons in these airports where they can observe, they can share intelligence, and share these news measures that they want to be implemented. But, you know, another question I asked Michael Chertoff, the NSA -- DHS, rather, secretary under George Bush, was, you know, how well do they do this when we make requests like this?

He said, listen, they want to cooperate. They are a long-term relationship here but one challenge is they often don't have the resources at these overseas airports. We're talking particularly about Europe and the Middle East here. They don't have the resources we have here and that's a challenge. It's something that they have to be conscious of.

BERMAN: All right. Jim Sciutto, thanks so much for that.

Let's dig deeper now with Tom Ridge, who served as secretary of Homeland Security, the very first one, during the George W. Bush administration.

Mr. Secretary, what do you make of these new security measures? Is the implication here that these overseas airports don't have what it takes right now to protect the U.S. from these emerging threats?

TOM RIDGE, FORMER HOMELAND SECURITY SECRETARY: A couple of takeaways if you don't mind, John. One, there is obviously a consensus within the intelligence community both in the United States and elsewhere that it's a serious threat. Two, my sense is that this is probably a new kind of threat. I've learned that this is out of Syria. It involves a different approach toward a traditional target, and that's commercial aviation.

Ever since 9/11, commercial aviation has been very much a part of the threat stream that the countries have had to deal with, but my sense is this is about a new kind of approach, a new process and potentially a new technique emanating from a subgroup out of Syria.

BERMAN: A new kind of threat that requires these changes and these new measures in place. The U.S. can't technically force the airports to change but they can threaten to suspend service to the United States, which I suppose no airline or airport ever allow.

How can the U.S. make sure that these changes are being taken seriously?

RIDGE: I think, again, because there's mutual recognition, remember a lot of the European carriers are government owned and when government intelligence services speaks to those who operate those airlines, I'm quite confident that there is a consensus, that whenever these new measures are, and clearly, John, I think there'll be some visible changes, but I also suspect that working together with our colleagues and allies across particularly Europe, you'll see some -- there'll be changes that are not detectable by the -- through the naked eye.

So I think the fact that you do have that consensus within the intelligence committee clearly wraps it up. By the way, they can always take off if there is any pushback. The FAA can say you can't land.

BERMAN: Right.

RIDGE: But I don't think that's a real problem here because I think there's serious recognition that an emerging threat toward a traditional target and we're going to have to start doing things differently than we've done them before.

BERMAN: So let's talk about the measures. We're hearing the measures can include additional screening of shoes and electronics, additional explosive trace machines or those swabs we all know about. Maybe another screening at the gates, as well.

Do these measures address what you think and where you think these airports are most vulnerable?

RIDGE: Well, I think again without knowing the specifics so I have a pretty good idea the nature of the new -- the emerging threat, for the time being the kinds of responses that we have to take that doesn't mean that over the next several weeks or several months there may be additional response, as even more technology, and I have to remind everybody that, you know, American, the Western world, we look at our watches all the time.

They are in no rush. We have watches, they have time. And we've seen before, I think, this is if the information I have and others have, this is -- they have learned from the Detroit bomber over -- remember this guy in Detroit, on Christmas Day, they've learned from the cargo plane that a plot a couple of years ago. And so what we try -- we can't be static but neither are they.

They will look for new means and new techniques to bring the same kind of horror and destruction that they did on 9/11.

BERMAN: You have a lot of experience dealing with threat situations. Now officials today are saying it doesn't stem -- these measures don't stem from a specific plot or a specific threat, so what kind of threat does it stem from?

RIDGE: Well, my sense is, and I think it's very important to note, John, that even way back when in those early days of Homeland Security, we met more often and concluded we shouldn't go public, then we went public. So my sense is that there have been -- and I know there have been multiple meanings over the past several weeks to see if there is enough information, enough credible information shared not only by us but other intelligence agencies to talk about the threat.

And it doesn't necessarily have to mean that there is a specific threat on a specific date or a specific target, but if they are aware of a new technique or a process, this is a signal to not only to our allies and our friends but to them that we're watching you.

BERMAN: All right. Former Homeland Security secretary, Tom Bridge, thanks so much for your time.

RIDGE: Thanks for having me. Thank you.

BERMAN: We have one other breaking item on the homeland security front. Just moments ago, federal authorities in Denver unsealed a criminal complaint alleging an American woman along with others tried to provide material support to a foreign terrorist organization, the organization ISIS, the Sunni extremists fighting in Iraq and Syria.

The woman charged, Shannon Maureen Conley. The 19-year-old was arrested in April trying to board a flight for Turkey. She has been under investigation since last fall. According to the complaint, she intended to wage jihad against non-Muslims and repeatedly referred to U.S. military bases as targets.

Quick reminder from us, make sure to set your DVR so you can watch 360 whenever you'd like and next, we'll take you to the town that said no to buses full of undocumented immigrants. We will speak to the mayor about being on the front lines.

And later, a look inside the powder keg called the Palestinian-Israeli conflict as hour by hour the fuse there burns short.

(COMMERCIAL BREAK) BERMAN: For weeks now the problem has been building. Immigrants, hundreds every day streaming over the southern border. Some of them women and young children, many unaccompanied minors.

Hundreds a day, swamping immigration authorities, overwhelming border towns in Texas and Arizona, and now sparking protests in towns like Marietta, California, north of San Diego, with the federal facility for holding and processing some of these human flood.

In a moment, Marietta's hard-pressed mayor but first some of his fed- up constituents.

Here's Kyung Lah.


KYUNG LAH, CNN NATIONAL CORRESPONDENT (voice-over): Chanting "Go back home" a wall of protesters blocked the road into the Marietta Border Patrol Station.

UNIDENTIFIED MALE: You are obstructing the roadway. Please move or you will be cited.

LAH: As anger grew in the crowd --

UNIDENTIFIED MALE: You need to go back to Mexico.

LAH: -- some not understanding these migrants were all from Central America, tempers flaring, one protester spitting at an immigration right supporter.

UNIDENTIFIED MALE: Don't talk to me. Don't talk to me.

LAH: The buses with many women and children turned around, 140 undocumented migrants left for another station.

This bedroom community outside of San Diego wants to know, what now?

SHIRLEY WRIGHT, MARIETTA, CALIFORNIA RESIDENT: The bus turned around. It's going to turn around again and there is more buses that will be sent this way.

LAH (on camera): Do you feel that your city then has become almost like a dumping ground?

WRIGHT: Of course. I think anyone who has been pinpointed for these buses to come to is going to feel like it's a dumping ground. Why us? Why this small little town?

LAH (voice-over): That's the sentiment across many communities in the southwest. An influx of undocumented immigrants, many of them children, has crammed facilities in Texas, not enough beds, bathrooms or food. Another 60,000 to 80,000 children without parents expected to cross illegally this year.

To cope, the government is putting them on planes and buses to nearby towns, processing them at Border Patrol centers in smaller towns. In Texas, Arizona and California. Towns like Marietta. But after this angry face-off with the buses, Immigration and Customs Enforcement says it will keep future plans under wraps due to security concerns. Sharing less isn't going to help, says a union representing Border Patrol agents.

RON ZERMENO, BORDER PATROL UNION: I think they are trying to be secretive of what they are doing. To me that adds more suspicion.

LAH: All the ugliness aside, the question remains. Who will take care of the influx of immigrants? The anger continued hours after the buses had left, anger that many in this town do find embarrassing.

TERRY MASON, MARIETTA, CALIFORNIA RESIDENT: I mean, these are kids. I mean, your heart goes out to them.

LAH: But he still wants a say in whether his town is where they are sent.

MASON: There is no discussion about this at all. They put it upon us. So yes, I think that's unfair, definitely.


BERMAN: Kyung Lah joins us now from Marietta.

Kyung, I want to ask you about some of these immigrant children still in Texas because today, late today, we heard there is at least one child at Lachlan Air Force Base being treated for h1n1 flu.

LAH: You're right about that, John. And there is that one case at that air base in San Antonio but we need people to listen to this. This is not, according to medical experts, any real cause for alarm because h1n1 is already prevalent here in the United States. It's common. This last flu season, it was the most prevalent strain here in the U.S. There were some health concerns with the children who were aboard those three buses that have been the topic of all of this here in Marietta.

Ten of those children had to go to a hospital for undisclosed reasons and seven went for scabies. That's a contagious but certainly treatable skin condition. So yes, that is a topic of discussion among these residents. Even if these aren't serious illnesses, it comes down to who pays and who takes care of them.

BERMAN: All right. Kyung Lah, thank you for pointing out the reality of that. Appreciate your reporting on this.

Marietta's mayor supported the protest, even encouraged it. On Monday at city hall the mayor said the transfer of these illegal immigrants was, quote, "a failure to enforce federal law at the federal level."

Mayor Alan Long joins me right now.

Mayor Long, thank you so much for being with us.

Was what happened -- was what happened yesterday in your city what you had in mind and are you happy with the outcome?

MAYOR ALAN LONG, MARIETTA, CALIFORNIA: Well, I think the ultimate outcome is fixing the problem and that can only be done by Washington, D.C. We identify two problems and one of the missions we had is to make sure that people can protest peacefully and remain safe and that mission was accomplished. As far as turning the buses around, the residents and citizens that were out there walked in front of the street, Border Patrol made a decision to turn the buses around.

Regardless, the problem still is there. The problem is in Washington, D.C. We have two people pointing at each other and no one really coming up with a solution. And that's what we're here tonight to discuss, is how can we collaborate and demand a solution from Washington, D.C.

BERMAN: Well, as you said the problem is still there. This was supposed to be the first -- actually, there are a few more scheduled before that never came but there are supposed to be more bus loads of immigrants coming to your city, maybe as many as 140 people every day for every three days for the next several weeks. Do you think you will encourage similar protests every time these buses come?

LONG: You know, that is a potential and we have a plan in place to deal with that. Right now, the only thing we know is that Marietta still is a designation point but it's also important to remember that it's not against the immigrants, it's not against the people that are trying to come here. They are to leave a less desirable place and come to the greatest nation in the world. We can't blame them for that.

Immigration happens every day in Marietta. We have a Border Patrol office right here in Marietta. No one is protesting that. What we're protesting is the product of a broken system that finally reached the doorsteps of our community.

BERMAN: It's certainly a subject right now that needs to be discussed in Washington and dealt with. But you say it's not against the immigrants but you turn that bus around, that bus is filled with them, with women and children there. Surely it has a very direct impact on them at the moment you're doing it.

LONG: Well, and again, the city never called for the protest. We oppose the process by which they are getting here. You said it yourself, these are women, young children, fathers and young children, and that local Border Patrol office cannot sustain long-term housing, and without definitive numbers, which we haven't really received nor have we received a definitive plan to date, we have never received one communication from Department of Homeland Security.

Everything we've gotten we've had to get from the local office and most of the time we have to reach out to get that information.

BERMAN: You know, if they don't go to your city, where would you have them go?

LONG: Well, that's up for the Border Patrol and the Department of Homeland Security to come up with a plan in place that can sufficiently sustain the services that these immigrants need.


BERMAN: How many --

LONG: They are in federal custody. That would be --

BERMAN: How much can you handle, though? How many could you handle over the course of several days or several weeks? Is it a numbers issue right now or is one too many at this point?

LONG: No, no, it's a numbers issue. In fact, that's a very important piece. Originally we were told 500 every 72 hours and then 300 every 72 hours. And we simply told them along with the Border Patrol Office that is beyond the capacity. Once they told us it was 140 every 72 hours, we told the public that that is within the capacity of the local Border Patrol and we would be putting a plan together to assist them for all the contingencies, all the what ifs that may or may not happen.

That was the plan in place, that plan still is there today. What is uncertain is if this is every 72, what is the end point and that's the question they haven't answered.

BERMAN: Mayor Long, thank you so much for being with us tonight. It's certainly a problem now facing so many cities and so many states in this country right now. Something has to get done. Appreciate your time.

LONG: Thank you.

BERMAN: Up next for us, more breaking news, airstrikes tonight and clashes on the ground in the Middle East. The region on edge after the death of another teenager, this time a Palestinian.

Also ahead, what to expect when the father charged with murder for leaving his 22-month-old son in a hot car faces a judge.


BERMAN: All right, more breaking news in a very busy night. Just moments ago we got word of eight more Israeli airstrikes in Gaza. CNN's (INAUDIBLE) reports that war planes and helicopters are flying over the area.

Tensions in the Middle East have escalated sharply in the last 24 hours and really in just the last few minutes, as well. The killing of a Palestinian teenager today sparked more violence. Clashes broke out in east Jerusalem after the boy's badly burned body was found. The teen's father said he was kidnapped on his way home from a mosque.

Palestinians are calling it a revenge killing, retaliation for the murders of three Israeli teenagers. Those teens were buried yesterday. Today officials released a recording of an emergency call one of the boys made the night they were abducted. At first officers thought that call was a prank. Israel blames Hamas

for the murders. Tonight the airstrike is one of several since Monday.

Ben Wedeman joins me now from Jerusalem.

Ben, eight more airstrikes really just in the last hour. What's the latest? What can you tell us?

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Yes, we just got word, John, that another airstrike has taken place in Gaza. They are hitting a variety of targets, one of them, for instance, we understand is a Hamas training facility, another building used by Hamas intelligence, but, of course, because these airstrikes are well anticipated, usually those buildings, those facilities have been evacuated.

Now this comes about two and a half hours after a missile made a direct hit on a home in Sderot on the Israeli side. Apparently, the family was already in a bomb shelter so there were no injuries but this is how it seems to work. There have been strikes, missile strikes out of -- out of Gaza into Israel and Israel strikes back, and it's hard to say at the end of the day what started what but it goes on -- John.

BERMAN: Let's talk about the death of the Palestinian teenager. How much do we know about it at this point? Israeli police say they are looking in to whether it was, quote, " criminal or nationalistic."

WEDEMAN: We spoke to the family today and they insist that it was not criminal. That they are convinced, as are most of the people in that part of town, that this was motivated by recent events, that it was a revenge kidnapping and murder by Israeli settlers in their words.

The police say they are investigating all possible motives. There are reports in the Israeli media that at the moment they tend to be leaning in the direction of concluding that it was motivated by revenge -- John.

BERMAN: That will only make the problems worse there. And the clashes that we've seen as a result of this, they are not happening in typically violent areas. They are taking place in areas that are normally quiet and firmly under Israeli control, right?

WEDEMAN: Yes, the major clashes today took place in a neighborhood, which is a very middle class, in fact, wealthy Palestinian neighborhood. I used to live there when I lived here before, and any sort of violence was unheard of. These are people, these young men you're seeing in the pictures, they are fully within the Israeli health system, the education system.

And they have a lot of -- a lot to lose by doing this in a sense, unlike residents of the West Bank, which are technically outside the control of Israel. So to see them out in the street fighting with Israeli police sends a message this is very serious.

BERMAN: Right. Ben Wedeman for us in Jerusalem, thanks so much. We'll keep our eye on this all night. Appreciate it.

There is more happening tonight, Susan Hendricks has a 360 Bulletin -- Susan.

SUSAN HENDRICKS, CNN CORRESPONDENT: John, in a televised address, Iraq's Prime Minister Nuri Al-Maliki offered amnesty to anyone who fought against the government except those who killed Iraqi forces. He also rejected Kurdish leaders effected annexation of disputed areas in Northern Iraq.

A 21-year-old woman who was shot in New Orleans has died. She was one of ten gunned down on Bourbon Street in the French Quarter early Sunday. Six people were visiting the area from out of town and police have identified 20-year-old Justin Odom as a person of interest. They are asking the public for help in finding him.

A Quantas Airlines flight to Melbourne, Australia had to turn back to Los Angeles after a water pipe sprung a leak on the plane's upper deck. Economy class passengers got drenched, but the airline says no one was in any danger. It happened about an hour into that flight.

And with bad weather expected from Tropical Storm Arthur, Boston is not taking any chances. The city will hold its Annual Boston Pops concert tomorrow, July 3rd, a 4th of July tradition, John, a day early just to be safe.

BERMAN: Of course, it is the greatest 4th of July celebration in America. We're just getting it one day early. Susan, thanks so much. Appreciate it.

Coming up for us, a hearing in Georgia tomorrow in the case of a father charged with the death of his 22-month-old son. Justin Harris left his little boy in a hot car for seven hours. So was it an accident or was it murder? We will tell you what we know right now.

Also ahead, a parole supervisor who says the public is in danger because of California's lax policies when it comes to convicted sex offenders. Drew Griffin has an update to that story when 360 continues.


BERMAN: It is a crucial day tomorrow in the case of a father accused of killing his son believing him in a hot car. Justin Harris will go before a judge in Georgia who will decide if there is enough evidence to keep him in jail. Harris has pleaded not guilty. Martin Savidge reports on what we know about that terrible day and the questions that remain.


MARTIN SAVIDGE, CNN CORRESPONDENT (voice-over): The question a father cried in this parking lot weeks ago is just as relevant today.

UNIDENTIFIED FEMALE: He just screamed what have I done loudly? SAVIDGE: The 33-year-old Justin Ross Harris says after taking his son to breakfast, the morning of June 18th, he forgot to drop off 22- month-old Cooper at daycare leaving him strapped in his car seat in an office parking lot in 90 plus degree heat for close to seven hours. Discovering the mistake shortly after leaving work that afternoon.

UNIDENTIFIED MALE: Hopped out of the driver's seat, opened the backdoor, pulled his child out, laid him on the concrete, tried to resuscitate him.

SAVIDGE: Cooper was dead and within hours his father charged with murder and child cruelty held without bond.

UNIDENTIFIED MALE: He'll enter a plea of not guilty at this time.

SAVIDGE: Public outcry against authorities was swift. An online petition demanded the charges be dropped saying they only added to the family's heart break over a terrible accident. And there was this anonymous YouTube ad slamming the case.

UNIDENTIFIED MALE: The justice system has become the criminal and robbing Ross of his right to grieve with his wife and family.

SAVIDGE: The chief of Cobb County Police responded with a rare public letter saying, "The chain of events that occurred in this case does not point towards simple negligence" and in a warrant authorities said during questioning Harris admitted to recently researching online child deaths inside vehicles and what temperature it needs to be for that to occur.

And the second stutter, the child's mother, Lee Anna Harris according to investigators made similar statements regarding researching in car deaths and how it occurs. Harris says he's not guilty of the charges, but the news gave supporters, even long-time family friends doubts.

CAROL BROWN, HARRIS FAMILY FRIEND: I mean, he could have gone to the car and not seen the little boy, if the boy was sleeping or, you know, could have. He could have been districted, but I do have questions about it.

SAVIDGE: Then came Cooper's funeral. His mother remembering not only the young boy, but speaking out defending her husband saying, quote, "Ross, is, was and will be if we have more children a wonderful father." Adding to the drama, Cooper's father himself calling tearfully from jail.

With only suspicions and police claims of internet searches to go by, many outside the investigation struggle to understand if Cooper's death was accidental or intentional. Hoping to find the true meaning of a father's anguished question, what have I done?


BERMAN: Martin Savidge joins me now from Marietta, Georgia. Martin, based on your reporting, what do you think we can expect at this probable cause hearing tomorrow? SAVIDGE: Good evening, John. Authorities are not revealing a lot, especially about the probable cause hearing. There are some givens, number one, the suspect will be there in the courtroom, little Cooper's father. It's possible other family members, maybe his wife will be there as well, certainly a defense attorney.

And then you would expect the DA or somebody from his office to layout the essentials of the case, the evidence they have that would suggest that is something other than a terrible accident. There could be testimony. Maybe some evidence actually show, video that exists.

And there is going to be questions, of course, coming from the defense team and magistrate judge will have to make that determination, is there enough evidence to warrant continuing holding the father. If he says yes, then the next debate will be about possible bond because up until now, there has been un-granted.

But I think a lot of people will listen for motive. What could possibly motivate a father to kill his own son to many people it's unfathomable in such a horrible way -- John.

BERMAN: Indeed it is. Martin Savidge, thank you so much for that. Let's see what our CNN legal analysts think about this case. Joining me now live, Paul Callan, Sunny Hostin and Mark Geragos.

Paul, I want to start with you here. We talk about this probable cause hearing tomorrow and there is this notion and I think police hinted at it, that they have more, that they haven't told us yet. Do you expect that whatever that is, if that, in fact, exists will be enough, you know, to meet the standard they need to meet at the hearing?

PAUL CALLAN, CNN LEGAL ANALYST: I think unquestionably they will meet the standard because I believe we know enough already to meet the standard, if I could just for 30 seconds lay it out for you. We know that he takes the child to breakfast in the morning at Chick-Fil-La. Three and a half minutes later, he and the baby pull into the Home Depot parking lot.

The father says he forgot three and a half minutes after having breakfast with his 22-month-old baby that he was in the car. The father goes inside the Home Depot, comes back out to the car over two hours later and opens the front door of the car. Now that baby was roasting in the hot Georgia sun for those two and a half hours.

The smell from the car would have been overwhelming, probably a dirty diaper, nonetheless, the father does nothing, goes back inside. He comes back out at 4:00 and sits in the car.

Can you imagine what the smell must have been at that point? Once again, no knowledge the kid was in the backseat. Those factors alone suggest extreme negligence, depraved indifference to human life and would support the charge.

BERMAN: Sunny, I know you don't agree basically with Paul's entire premise here, but if I can keep it to the hearing tomorrow, the probable cause hearing, I think the prosecutors will make this case that Paul is stating right here. You think the defense will use the opportunity for a mini trial presenting character witnesses, why?

SUNNY HOSTIN, CNN LEGAL ANALYST: I do and I do disagree with Paul, vehemently disagree, but I think what we are going to hear is we're going to hear from character witnesses. I think the defense in preliminary hearings generally don't do that. You usually have the prosecutor putting on the lead investigator.

But in this case, we'll hear probably from his wife, I think, who is standing by him, talking about the fact that he was a loving father, that there was no motive for him to do this. They weren't in a custody battle. They weren't in a bitter divorce. There was no insurance policy out on this child.

And so I think we are going to see basically the two theories of this case, one, that this wasn't an accident, and one, that this was a very terrible accident and they want to have him come home so that he can grieve with his family.

BERMAN: Mark Geragos, you heard both sides. Is that enough or does there need to be more evidence?

MARK GERAGOS, CNN LEGAL ANALYST: No, you don't -- look, I jokingly say and it's not that far from the truth. The standard of probable cause standard in a preliminary hearing is my client breathing? If the client is breathing, they will hold the client to answer. The judge generally will not dismiss the case. He may dismiss counts and reduce it.

But a straight out dismissal in a case like this is unlikely. I'll tell you, however, I suspect you'll see that he will get bail tomorrow and the reason I say that is because the police have been taking so much heat in this case locally that if they really had more evidence than what they have already shown to the media, they would have leaked it already.

And the fact they haven't leaked that evidence tells me that the police don't have all that much, other than what we've heard and if that's all they have, I would suspect that the judge is not going to continue holding him without bail and that will probably be the headline tomorrow is that he's granted bond.

BERMAN: Paul, you disagree?

CALLAN: Yes, I disagree with that, and I think they probably do have more evidence. Remember, there might be surveillance tapes that were taken of the Home Depot, that's a possibility. There are also the possibility that maybe there were phone calls that we haven't heard about. And I also think that as the facts of this case settle in, people come to realize that I forgot is not a defense to killing your own child.

HOSTIN: Of course, it is. Of course, it is. It is -- it actually --

CALLAN: Not paying your taxes, they take you away in handcuffs. You think you can kill a human --

HOSTIN: An accident is simple negligence, right? They charged him with criminal negligence. That's very, very different. So they have to prove that he was criminally negligent. That he was depravedly indifferent and that kind of case looks like this.

You sort of weigh the options and they have a job interview. I know it's hot outside, I'm going to crack the window a bit and choose to leave my kid in the car. That's criminal negligence. That's very different from a case where you accidently leave your kid in the car. That doesn't rise to the level --

CALLAN: After doing a computer search how long a baby can stay in a car before he dies?

GERAGOS: Paul, if you believe this was intentional and if they believed it was intentional, they wouldn't be charging felony murder. They are saying exactly what Sunny just said --

CALLAN: No, I think it was --

GERAGOS: Are you agreeing with me, Mark Geragos?

GERAGOS: I know, I can't believe I'm listening to Sunny. I can't see a monitor.


BERMAN: Mark, last word here.

GERAGOS: Look, the fact remains that he is going to get bond tomorrow. They don't have anything more. That will be the headline tomorrow when we come back.

HOSTIN: Are we saving the tape on that?

GERAGOS: Yes, save the tape. Save the tape.

BERMAN: Something we'll all be watching at 1:30 tomorrow in Georgia. Mark Geragos, Paul Callan, Sunny Hostin, great to have you here with us. Really appreciate it.

HOSTIN: Thanks, john.

BERMAN: Just ahead, a whistle blower under attack for telling our Drew Griffin about sex offenders who violate their parole again and again but barely punished. Some are back on the street the very next day.


BERMAN: Tonight a disturbing development in a story we first told you about last year, sex offenders in California violating their parole conditions brazenly, repeatedly and barely getting their wrists slapped. Our report was sparked by a whistle blower who contacted our Drew Griffin because she believes the public is in danger. She felt she had to speak out. Now that she has, she's paying a price.

We'll have more on that in a moment, first, keeping them honest. Here is what Drew found in his original report.


DREW GRIFFIN, CNN SENIOR INVESTIGATIVE CORRESPONDENT (voice-over): It's early on a Tuesday evening in Stockton, California. Parole agents are arresting 41-year-old Jack Turner. Described by agents as someone with an extensive history of sexual violence. Tonight, though, his only problem is the GPS monitoring ankle bracelet he's required to wear has run out of power.

It's a parole violation, not an actual crime, but he's still tracked down and found on the streets of Stockton by the agents who know his usual hangouts and taken to a jail where less than 20 hours later, not even a full day behind bars, Jack Turner is let out.

He may be a sexual offender, he may have a dangerous past, but Turner knows violating parole in the state of California means almost nothing to him.

(on camera): How many times do you think you've gone through this parole violation procedure?

UNIDENTIFIED MALE: Last week, this week last week, the week before that, probably before that, so they know me real well here so I'm always --

GRIFFIN: Is it always the same, come in, spend the night, come out?

UNIDENTIFIED MALE: Come in, spend the night, come out.

GRIFFIN (voice-over): In Stockton, California, this convicted sex offender has no real incentive to follow any rules of his parole, which is why parole supervisor Susan Kane is trying to sound the alarm. She is speaking out against the state's wishes, saying she believes the public is not safe. She says she's speaking out for herself personally and not the Department of Corrections.

SUSAN KANE, RETIRED PAROLE SUPERVISOR: All my years in law enforcement and it's been over 30 years, I for the first time feel at a total loss that I can honestly say we do our job, we do the very best job that we can, but we can't protect the community with this. We can't protect them from these sex offenders because they get out of jail the next day.

GRIFFIN: How did this happen? Two words, prison overcrowding. There is simply not enough room to keep people in jail. The state of California tried to solve its own prison overcrowding by passing a bill called AB109 backed by the governor, Jerry Brown, and called for a realignment of where criminals serve time, low level offenders and especially parole violators would no longer come to state prisons. They would instead go to county jails.

But in San Joaquin County, the jail is already under a court order to relieve its overcrowding. According to the sheriff, the state dumped its problem on the county and the county is now dumping criminals on the streets.

(on camera): So no matter what the state or the governor says are the county's duties in terms of handling these parole violators, you just have no room?

JOHN PICONE, SAN JOAQUIN COUNTY UNDERSHERIFF: The overcrowding situation is such that we can't afford it. We can't keep them here because of the court order so we have to follow the court order.

GRIFFIN (voice-over): In this county it's Judge Richard Guiliani. He released four inmates, the ten the day before. Amazingly he admits they shouldn't be on the streets.

(on camera): Are you comfortable with who is being released?

JUDGE RICHARD GUILIANI, SAN JOAQUIN COUNTY, CALIFORNIA: I'm not comfortable releasing anybody. I think it's an unfortunate reality, and we do the best that we can by prioritizing the people that we do release.

GRIFFIN (voice-over): Parole violators like Jack Turner that have not committed a new crime are usually the first to go. Susan Kane says parolees, especially sexual predators know they can get away with almost anything.

KANE: I even had a parolee who was upset last week because we arrested him for being around minors when he's a child molester and says you can do whatever you want to me, I'm only going to be in jail one night, and when I get out, I'm doing what I want and I'm going to make your life miserable.


BERMAN: Like we said, that report first aired last August. You would think the state of California would have taken notice and perhaps looked into the very real safety concerns, one of their parole supervisors, Susan Kane was trying to raise. Well, the state did the exact opposite. It is now trying to punish Susan Kane for appearing here on CNN.

Drew Griffin joins me now with the latest, what is going on here.

GRIFFIN: John, the state of California is trying to penalize Kane for speaking out specifically speaking on CNN. Shortly after our interview, Kane retired and the state went after her taking away $3,000 of salary saying she appeared on CNN without getting prior approval from her supervisors. Even though, John, she made hose comments not at work and made sure we knew it was her own personal opinion.

BERMAN: Let's call this for what it is, it looks like the state trying to silence a whistle blower.

GRIFFIN: Trying to silence her and perhaps, John, anyone else thinking about speaking out. We found Susan Kane on our own and we wanted to know more about the sex offenders basically being allowed to roam the streets of Stockton, California. You would think the governor or Department of Corrections would be equally concerned but both the Governor Jerry Brown and corrections department have refused to comment about Susan Kane's case and we learned the state postponed the appeals hearing for several months, we'll stay on it.

BERMAN: Even more important to report on the story. Thanks so much, Drew.

I understand you have a follow up to the investigation you brought us on Monday.

GRIFFIN: That's right. It was the story, John, about the New York attorney general reaching the multi million settlement, and the disabled Veterans National Foundation, a fair we have been reporting on for more than three years. We got a letter from the direct marketing association non-profit federation and the federation wrote in part that CNN has performed a valuable service by showcasing the mismanagement and mistakes made by the DVNF, one that organizations.

And those working on their behalf can learn from but that does not mean it should leap to conclusions about all mail and advice its audience to stop helping all charities. The federation makes a fair point. We didn't mean to suggest all charities are suspect. It's important, though, before giving to any charity, that you thoroughly check out what you're donating to and how efficiently donations are used -- John.

BERMAN: Smart advice, Drew Griffin, thanks so much.

Up next, this is Tropical Storm Arthur from space. The question, the worry, really, for tens of millions of people is the holiday weekend going to be ruined by hurricane Arthur? An update next.


BERMAN: One last note, we're keeping a close watch on Tropical Storm Arthur that is expected to become a hurricane tomorrow morning. North Carolina's governor asking people to stay out of the ocean, also a mandatory evacuation order for Hatteras Island. No one will be allowed on the barrier island after 5:00 tomorrow morning.

Stay tuned to CNN for additional storm information and bulletins.

Thanks for watching. "ANTHONY BOURDAIN: PARTS UNKNOWN" starts now.