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NEW DAY

Wild NASCAR Pileup; Are Near-Collisions on the Rise?; Skin Care Expert Charged With Murder-For-Hire Plot; Netanyahu Makes Move to Break Cycle of Violence

Aired July 7, 2014 - 06:30   ET

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


(COMMERCIAL BREAK)

MICHAELA PEREIRA, CNN ANCHOR: Bottom of the hour here. Welcome back to NEW DAY.

Let's give you a look at your headlines.

Israeli Prime Minister Benjamin Netanyahu speaking to the father of the Palestinian teen who was burned alive, calling that crime despicable. He told 16-year-old Mohammed Abu Khdeir's father the killers will be found and that justice will be served. The teen's cousin meanwhile, an American was visiting the region and you can see the video here was beaten by two men wearing Israeli border police uniforms. That attack was caught on amateur video. He is currently under house arrest.

This morning crews are hoping to salvage several airplane parts that fell into a river after a train carrying them derailed. Three Boeing 737 fuselages tumbled down a steep embankment and into a Montana river on Thursday. Nineteen cars on that train derailed. Three of them were holding the airplane parts. The train was headed from Wichita to an assembly plant in Washington state. The cause of the derailment is under investigation.

U.S. military bases on the island of Okinawa are preparing for a massive typhoon. Super typhoon Neoguri is expected to pass by the island early tomorrow. Officials at the air base warn it's the most powerful storm to hit that island in some 15 years. The typhoon is expected to deliver wind gusts of 185 miles per hour. Aircraft have been moved to other bases in the Pacific outside that typhoon's path. Obviously, we'll keep an eye on that.

Happening today in California, a California probate court will examine whether Shelly Sterling had the authority to take over the trust that managed the Los Angeles Clippers. She did so to negotiate a sale of the team after her estranged husband was caught on tape making racist remarks. Donald Sterling is now asking for the legal proceedings to be moved to federal court. The $2 billion sale to former Microsoft executive Steve Ballmer hangs in the balance.

Well, it was an attempt to make airline safety sexy. Not everyone was happy about it. Air New Zealand pulled this in-flight video which features "Sports Illustrated" models demonstrating the airline safety features in bikinis. Interesting, all the guys are paying attention in the studio. The video was blasted as being sexist and an online petition demanded it be removed. New Zealand said they didn't remove it because of the backlash. They always intended to remove it after it sort of completed its run.

Why is there a shot of John Berman?

(CROSSTALK)

PEREIRA: You don't pay such attention to my headlines.

JOHN BERMAN, CNN ANCHOR: No, I'm very concerned about airline safety.

KATE BOLDUAN, CNN ANCHOR: I do wonder, though, is that appropriate attire for flying?

BOLDUAN: Well, you know, it's hot there, even, sometimes you (INAUDIBLE) air conditioning.

BERMAN: You know, in New Zealand, they should stick to the hobbits. You know, they move beyond that and --

BOLDUAN: That's the problem.

BERMAN: You move beyond hobbits, you run into problems.

BOLDUAN: They've been stuck in a corner, the hobbit corner. They would like to break out.

PEREIRA: Stuck in a hobbit corner.

BOLDUAN: Stuck in a hobbit corner. Let's go from there. See, it wouldn't be interesting if a hobbit --

BERMAN: The music means we have to stop doing this.

BOLDUAN: What?

BERMAN: Let's talk about scores.

BOLDUAN: Can you fit the hobbit --

BERMAN: It was an incredible day for one golfer, George McNeill. It was one of his best days ever on the course. He had one of the worst days he'll ever have off of it.

Laura Rutledge, I should say, welcome to NEW DAY --

LAURA RUTLEDGE, BLEACHER REPORT: Thank you.

BERMAN: -- has more on this story in the "Bleacher Report."

RUTLEDGE: Oh, yes, John. Just a tragic day for George McNeill who should have been on top of the world. He shot a nine under 61 at the Greenbrier Classic yesterday, finishing in second place. But after finishing his round, McNeill learned his 46-year-old sister Michelle had lost her battle with breast cancer.

(BEGIN VIDEO CLIP)

GEORGE MCNEILL, PRO GOLFER: You go out and golf doesn't really mean a whole lot. It's hard. I played good today and got to finish.

(END VIDEO CLIP)

RUTLEDGE: So sad.

A thrilling battle between Novak Djokovic and Roger Federer on the Wimbledon grass court yesterday. In the end, Djokovic barely scraped by Federer to win in five sets, denying the Fed that would have been a record breaking eighth Wimbledon title. Djokovic, he hadn't won since the 2013 Australian Open.

And trending on "Bleacher Report", a pair of huge wrecks took out half the field in yesterday's NASCAR race in Daytona. Now, this big one involved 26 cars and ended with Kyle Busch getting flipped upside down. Eventually, the race was called because of rain, giving Aric Almirola his first win.

Now, thank goodness. That's really scary stuff right there. No one was hurt, but definitely a terrifying scene.

Back to you guys.

BOLDUAN: They say the race was called for rain at the end. Why wasn't it called because of that wreck? Was rain the reason behind the wreck?

RUTLEDGE: No. The wreck just happened anyway, but the rain sort of stopped things. I guess fans there were probably at least glad they got to see something relatively exciting, even if it was scary.

BERMAN: It makes for a long, long day, you have to clean up from the wreck, it takes a while. There's the rain.

BOLDUAN: It's like half the field gone right there.

BERMAN: Good to know everyone is OK.

Laura Rutledge, great to have you with us this morning. Thanks so much.

RUTLEDGE: Thanks for having me.

BOLDUAN: Coming up next on NEW DAY, stunning video of a new collision in the skies of Barcelona. Look at this. Two planes seconds away from disaster. Our experts are weighing in on what happened and why did this happen in the first place? We'll discuss.

BERMAN: Plus, this is nuts, folk -- a bizarre murder-for-hire plot involving a skin expert to the stars and a white supremacist. We will tell you the shocking details that seem way too blizzard even for a Hollywood movie script. (COMMERCIAL BREAK)

BOLDUAN: Welcome back to NEW DAY.

Stunning video now of a near collision this weekend in Barcelona. Watch this. We're going to show you it right here.

This is happening as a plane is crossing the runway as another plane is coming in for a landing and it has to abort just seconds before touching down. That plane had to go back up into air space, circle back around, did eventually land safely, thankfully. But it does raise, of course, a lot of questions and concerns about how close of a call that really was.

Joining us now to discuss, Miles O'Brien, CNN aviation analyst and science correspondent for PBS "NewsHour."

Miles, you kind of -- you hear about incidents where you have to do a go-around, have to do it again. But you don't often have such clear video of that actually happening. What happened here?

MILES O'BRIEN, CNN AVIATION ANALYST: Well, first of all, yes, we have a lot more cameras out there and a lot of people are interested in shooting airplanes landing and taking off at airports. So, we're going to see more as time goes on. I would caution everybody that the telephoto lens makes things look closer than they are.

I looked at the diagram of the airport. The Airbus on the ground that was crossing was about a half mile away from the landing Russian 767. That said, you see they had to perform a go-around. If you've ever been in an airliner that had to do one, it gets your attention.

And what we can see here is the system did ultimately work, the last resort that is. But there were a series of mistakes. We're not exactly sure who made the mistakes, air traffic control or the crew on the ground or maybe both, that led to this.

BOLDUAN: What is the protocol? I mean, you assume obviously the plane coming in for the landing has the right-of-way, if you will, because the more immediate concern of getting the plane on the ground safely. Is there a protocol or a check that is supposed to be in place for pilots before they cross a jet way?

O'BRIEN: I think it was my first lesson in an airplane when my instructor said, whenever you get near an active runway or any runway for that matter, look both ways. It's like coming to a four-way stop sign. You want to assume the traffic is coming, right?

So, that's number one. The crew on the ground should have looked in the window and seen this aircraft on short final and made the decision as to whether they could do an expedited crossing or not cross at all. It's possible they were given what's called an expedited crossing clearance which means they should have crossed that runway a lot faster.

BOLDUAN: Also, when you look at it then, isn't there also a risk of the Russian jetliner having to re-enter airspace, obviously, that's not what they're planning to do -- before they -- to do this go- around. Is there a risk even there?

O'BRIEN: A little bit, but it's a procedure that doesn't happen all the time, fortunately. But it is a procedure that is drilled for by crews and air traffic control would be familiar with this kind of thing. They would announce a go-around. Of course, in the control tower they were probably watching this happen and they would give that aircraft the clearance it would need to get back around to the runway.

The big thing here for the crew is it's a lot of paperwork because they have to explain to the airline why they went around and cost all that fuel.

BOLDUAN: Obviously, they're going to be looking into this. But, of course, you know, I always wondering, what are passengers feeling when this happened? What are passengers on that Russian jetliner experiencing?

O'BRIEN: Nothing good. Nothing good, you know? I mean, a go-around is not a lot of fun. I had a -- I was on an airliner once at LaGuardia, a similar situation that happened just before we touched down. And people were screaming on that airplane.

BOLDUAN: So, there -- you've got this case in Barcelona. But you have another one -- we are talking before. There may be some similarities, albeit, different situations.

In Houston, another close call. This is the second time they've had a close call in just a couple of months. You have a Singapore Airlines jet and a Delta Airliner. This was a Singapore jumbo jet, the Singapore Airlines, they came within 200 feet vertically is what we're told and also within more than half a mile horizontally.

This is the second time this has happened. Are there airports, at least we can say -- maybe -- let's talk about just in the U.S. -- are there airports in the U.S. that are more prone to this kind of a problem? Because this seems to happen more and more often in Houston.

O'BRIEN: The big airports are a problem. The big airports near capacity are a problem and that's pretty much every one of them. And some of them have fundamentally older school designs. Boston Logan is often cited for a lot of crossed runways, which makes it more conducive to having problems on the ground or near the ground.

The bottom line is, you can add a lot of technology to aircraft to make them fly closer to the air. You can do all kinds of things to make it more precise. But until we build more runways to accommodate the growth which we expect which should be 1.5 times more traffic today than over the next 20 years --

BOLDUAN: Wow.

O'BRIEN: -- if we don't build more runways, we're just going to see more and more of this. BOLDUAN: That's what I was going to ask you, you talk about capacity

issues and old designs of airports. That doesn't seem -- those two issues, those two big contributing factors. Those are not -- there aren't quick fixes for this. We'll only have more and more flights, more and more people traveling in the air as you mentioned.

So, what do you do?

O'BRIEN: It's choke point. I mean, the last big airport we built in the United States, Denver, the last big runway was at Atlanta Hartsfield, completed in the mid 2000s for a billion dollars over stern objections by the locals who have, you know, been promised there won't be another runway. And now they're talking about a sixth runway there.

It's a huge problem, and it is the limiting factor for safety and capacity for aviation. No matter how many bells and whistles you put on board the airplane, if you don't pour more concrete, the system will eventually reach a critical phase.

BOLDUAN: It does make you wonder if we're reaching that critical phase of maximum capacity in the air and trying to get back on the ground once they are in the air. Miles, great to see you, thanks so much.

O'BRIEN: You're welcome.

BOLDUAN: All right, see you soon.

John?

BERMAN: Next up for us on NEW DAY, glamour gone bad, way, way bad. The so-called beauty guru to the stars is now accused in a murder for hire plot. She allegedly sought to kill another skin care rival. We will tell you the shocking details of this case coming up.

(COMMERCIAL BREAK)

PEREIRA: Welcome back to NEW DAY. It is a bizarre case made for Hollywood. A skin care expert to the stars is now charged in a murder for hire plot. A hearing will be held for Dawn DaLuise who police say wanted to take out her competition. She even hired a neo-Nazi to do the job. Kyung Lah has more on these strange developments.

(BEGIN VIDEOTAPE)

KYUNG LAH, CNN CORRESPONDENT (voice-over): From Jennifer Aniston to Nicki Minaj, she billed herself as a beauty guru to the stars. But now the glamour is gone for Dawn DaLuise accused in a murder-for-hire plot in west Hollywood.

GABRIEL SUAREZ, ESTHETICIAN: She wanted me out of the building.

LAH: Gabriel Suarez is the man deputies say was her target after he opened a skin care salon in the same building as DaLuise. It wasn't long, he says, before DaLuise started to complain. SUAREZ: I came in and said, "Can I help you?" Because she was in my

-- my office. And she's like, "Oh, good, a Mexican that speaks English." And that -- that hurt.

LAH: Hurtful words that turned to potentially deadly actions, according to detectives who say DaLuise plotted to kill her rival and that she sought a white supremacist for the job.

UNIDENTIFIED MALE: The phrase from that point was, in essence, to find somebody to take out a double minority Mexican gay.

LAH: A text to a friend, say prosecutors, is at the heart of the murder plot. "I found someone who is going to take Gabriel out. His name is Chris Geile, and he's ex-Detroit Lion quarterback.

CHRIS GEILE, FORMER NFL PLAYER: I met her in a pub in big bear (ph).

LAH: But Geile says he barely knew her and was never asked to commit a crime.

GEILE: I want to clear my name because its' -- it's just been -- the mental anguish I've suffered, I mean, is far more than any type of football injury I've ever had.

LAH: DaLuise, too, wants to clear her name, saying she's not guilty. Her attorney tells CNN she was the victim of a stalker who posted fake craigslist ads claiming she had a rape fantasy. She believed it was her new business rival Suarez, but it wasn't, a messy twist the defense will use to make its case.

UNIDENTIFIED MALE: And so, this was a mother that was concerned by not only her safety, but the safety of her children. You will that see she was venting to family, she was venting to friends. And this was not a case where she was trying to solicit someone to murder.

LAH: Back at his salon, Gabriel Suarez isn't buying any of it. He wants to see DaLuise punished and his peace of mind restored.

SUAREZ: It's scary. I'm just grateful to be OK and that she got caught.

LAH: Kyung Lah, CNN, Los Angeles.

(END VIDEOTAPE)

PEREIRA: What a twisted tale. Let's bring in Mel Robbins, CNN commentator and legal analyst to break it all down. I also know you can say esthetician without stumbling.

MEL ROBBINS, CNN LEGAL ANALYST: Don't count on it.

PEREIRA: Don't count -- all right, so here we go on a Monday morning. We know that DaLuise is back in court today for her arraignment. Does she have a case to make since no one was actually harmed or killed in this? What is their burden of proof here? ROBBINS: It's huge. In fact, Michaela, I think she has a very

winnable case here. And let me just break this down because it is very confusing. Basically what happened first is she started getting stalked on craigslist, and she thought it was her competitor, Michaela. So she goes to the police to say, hey, my competitor is stalking me, and it's in the investigation of these craigslist ads about her that the police figure out, holy cow, she was plotting -- and that's the word -- plotting to hire somebody to potentially take out her competitor.

PEREIRA: OK, so is this kind of similar to the case we saw recently here in New York, the so-called cannibal cop? I remember his defense attorney saying we don't put people in jail for their bad thoughts, their freaky thoughts. Is there some similarity here?

ROBBINS: You're exactly right, Michaela. Absolutely. Absolutely. Great point for you to raise. So let me explain this to you. So basically what happened in that case is you have a -- a former police officer who is breaking into police databases in order to do research on, quote, "potential victims."

PEREIRA: Yeah.

ROBBINS: And he was in chat rooms talking about his fantasies about rape and about cannibalizing women, really disgusting, absolutely awful. But all he ever did was type about it online. He was venting. He was basically exercising his First Amendment right to have sick fantasies.

And so, a judge said, hey, we can't criminalize thought. We may think what he's writing about, what he's fantasizing about is absolutely disgusting, but we can't convict him of doing anything because he didn't take any action.

PEREIRA: You think that she was venting? I mean, look, they went as far as to try -- she went as far as trying to hire a hit man. Isn't that compelling?

ROBBINS: It is compelling except here's the counter point to it, Michaela. The -- the so-called hit man says it never happened. So you basically have a woman who is on edge -- this is what the defense is going to say. She feels like she's getting stalked. She mistakenly thinks it's somebody. She starts venting in hundreds of text messages to friends, to family members.

And now there's this -- this connection to this former Detroit Lions player saying, "Wait a minute, I met her in a bar. I have nothing to do with this. This woman is crazy. This whole thing is crazy. I need to clear my name."

So to me, there's a whole lot of confusion in this case, and I don't see that they are going to be able to get to the burden of proof here, which is beyond a reasonable doubt did she attempt to hire somebody to kill this guy? And what you seem --

PEREIRA: Look, if you ask Suarez, he was fearing for his life, he was afraid. His competition, he felt, was trying to off him.

ROBBINS: Well, I think she's probably guilty of cyber stalking because she was posting ads on craigslist that were pointed at him. And so, she could go to jail for up to a year for that. But she's facing nine years in prison for attempting to hire somebody to murder him, and for that they've got to prove that she actually took action that -- that she intended to have this guy killed.

And if you've got the guy that she's claiming she was supposedly hiring saying, I had nothing to do with this; she said nothing about murder to me, I don't know what everyone is talking about, and all you've got in this case, Michaela, is her venting to family members and to friends about how she wants to take this guy out, I don't think you reach the burden of proof for a murder-for-hire charge that carries nine years.

PEREIRA: So a very well quick final thought, you think she could be facing other charges, maybe not murder?

ROBBINS: Absolutely. Absolutely.

PEREIRA: Mel Robbins, we'll talk to you more. Thanks so much. We appreciate it.

Kate?

BOLDUAN: What a wild, wild case, Michaela. Thanks so much.

We're following that and a lot of other news this morning. So let's get to it.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: It is forbidden under Israeli law.

UNIDENTIFIED FEMALE: We're (ph) Palestinian, that (ph) he dies in jail, who's going to care?

UNIDENTIFIED FEMALE: He's 15 years old. He's a child. It just doesn't make sense.

UNIDENTIFIED FEMALE: The real drama showing the former Olympian reenacting.

UNIDENTIFIED FEMALE: This material is obtained illegally and is a gross breach of trust.

UNIDENTIFIED MALE: All of a sudden she states, Ross must have left him in the car.

UNIDENTIFIED MALE: She may be facing charges for the death of her son.

UNIDENTIFIED MALE: Get out of the water!

UNIDENTIFIED MALE: Screaming like nothing heard before. UNIDENTIFIED MALE: (inaudible) radiating, burning pain.

(END VIDEOTAPE)

BOLDUAN: Good morning. Welcome once again to NEW DAY. John Berman is here. Chris is off this morning.

Let's begin with Israeli Prime Minister Benjamin Netanyahu making a move to break the latest cycle of violence in the Middle East reaching out by phone to the father of the Palestinian teen who was burned alive, calling it a despicable murder.

Several suspects are in custody in what's believed by many to have been a revenge killing. All of this as shocking cell phone video surfaces showing the dead teen's cousin, a Palestinian American, being beaten by two Israeli men in Israeli border police uniforms. The surge in violence started a week ago with the discovery of the bodies of these three Israeli teenagers in the West Bank.

Diana Magnay is in Jerusalem with the very latest. Diana?

DIANA MAGNAY, CNN CORRESPONDENT: Hi Kate.

Well, that 15-year-old U.S. teenager Tariq abu Khedeir, who was so badly beaten in the video you've shown, he left police custody yesterday, his face very, very badly bruised from the vicious kicking that he suffered at the hands of Israeli police.

He's facing charges, but those charges are as yet unspecified. He's now free, but on bail and under house arrest for the next nine days. The U.S. State Department has made it very clear that they want an explanation for this apparent excessive use of force, they put it.

Meanwhile, the violence exchanged between Israeli defense forces along the Gaza strip and Hamas militants in Gaza continues. Today alone, Kate, there have been 16 rocket attacks into Israel. And Hamas says that nine of its militants have been killed by Israeli air strikes back into the Gaza strip. And it causes -- calls this a grave escalation says that Israel has crossed a red line and that it will pay the price, Kate.

BOLDUAN: All right, Diana Magnay in Jerusalem for us. Diana, thank you so much.

Earlier this morning we spoke with the family lawyer for the American teenager that was beaten in that video that we showed you. Hassan Shibly says the two men who were in Israeli police uniforms, they had no right to attack the boy. Listen.

(BEGIN VIDEO CLIP)

HASAN SHIBLY, LAWYER: I don't think there's anything at all that can justify police officers in uniform basically restraining the hands of a child and then repeatedly kicking him over six times almost a dozen times punching him to the head, to the gut while his body is lifeless.