tv CNN Newsroom CNN September 22, 2012 9:00am-10:00am PDT
today, it takes you to london, ontario, that's no great concern to me. i'd be happy to end up in london, ontario. >> reporter: you can upgrade to ios 6 with older iphones and ipads as well. no thank you now, apple. i'll stick to ios 4. i love the phone, but i love street view as well. "cnn newsroom" continues with fredricka whitfield. hi, fred? >> hello to you. thanks, have a great rest of the day, randi. see you again tomorrow morning. in just a few hours, president obama boarding air force one leaving washington and heading to a state that could be key to winning the presidential election, wisconsin. he holds two events today in milwaukee. wisconsin is the home state of republican vice presidential candidate paul ryan. but that hasn't helped mitt romney there. obama leads in wisconsin by nine percentage points. paul ryan is focusing on another
swing state today. that would be florida. he's campaigning in miami and orlando. romney is fund-raising today in california. but it is romney's personal finances that are creating quite the buzz this weekend. specifically, how much he makes and how much he pays in taxes. the republican presidential candidate has released more tax records. and cnn's national political correspondent, jim acosta, has that. >> reporter: mitt romney came to las vegas and rolled the dice, releasings new tax information in the hopes of putting a lingering campaign issue to rest. according to romney's 2011 return released by the campaign, the gop nominee paid nearly $2 million in taxes on almost $14 million in income. an effective rate of 14%. but romney had to make some adjustments to get to that figure. according to that 2011 return, romney donated $4 million to charity, but only claimed a
deduction of $2.25 million. he reduced his deduction and paid more in taxes, the campaign said, to conform to his earlier estimate that he had paid a 13% rate in 2011. that's despite what he told abc news earlier this summer on whether he'd ever paid anything less than 13% in taxes. >> i don't pay more than i legally do. and frankly if i had paid more than are legally due, i don't think i'd be qualified to become president. >> reporter: the campaign also posted this letter from romney's tax preparer staying the republican candidate had indeed paid federal and state income taxes for more than 20 years. that appeared to be a direct response to senate majority leader harry reid who claimed without any evidence that romney paid no taxes for a decade. >> the word is out that he hasn't paid any taxes for ten years. let him prove he has paid taxes because he hasn't. >> reporter: romney is still refusing to release more than
two years of tax returns, standing by what he told cnn -- >> those are the two years that people are going to have. that's all that's necessary for people to understand something about my finances. >> reporter: the document dump comes after a week of attacks over the candidate's perceived gaffes. president obama on that hidden video of romney talking about the 47% of americans who he said are dependent on the government -- >> i don't see a lot of victims in this crowd today. >> reporter: and romney on the president's statement this week on changing washington -- >> the president today threw in the white flag of surrender again. he said he can't change washington from inside. he can only change it from outside. >> reporter: also released were letters from the physicians of both mitt romney and paul ryan declaring both candidates in good health and ready for the rigors of the rest of this campaign. jim acosta, cnn, las vegas. lawmakers worked well into the night wrapping up some final business before the november election.
senators approved a roughly $500 billion package to fund the federal government for the next six mnths, avoiding a possible shutdown come october 1st. its passage was delayed for days over partisan bickering. anger and rage over a u.s.-made film are sparking violent protests overseas for yet another day. this is bangladesh. protesters vandalized a bus and set fire to a motorcycle during demonstrations in its capital city there. many protesters were arrested. the demonstrations are all over an independently produced film mocking the prophet muhammad. protests are planned in at least four other countries today. thousands gathered in pakistan not to protest but to bury some of the people killed in violent demonstrations. it happened yesterday. at least 27 people were killed and more than 100 injured in bloody clashes throughout that country. protesters in libya aimed their attack not at america but
at the radical islamic group tied to the u.s. consulate attack. hundreds of pro-democracy demonstrators seized the group's headquarters in benghazi overnight, demanding an end to extremist militias in libya. protesters moved on to a second location. but the situation there quickly turned dangerous. and our arwa damon found herself caught in the middle of it all. >> reporter: just on the other side of this wall is the second location that we are told is being struck tonight. but contrary to what we witnessed at the first place here, there seems to be some sort of a gun battle going on. we are hearing sporadic gunfire as well as some other small explosions. >> turns out the protesters were tricked and ended up attacking the headquarters of a battalion backed by the libyan government. at least four people were killed, 70 injured in all of that violence. we're learning more about what happened in the final
chaotic moments for two americans who were killed in the u.s. consulate attack. glen doherty and tyrone woods both former navy s.e.a.l.s were in benghazi working security. sources tell cnn doherty and woods were in another part of the city when they got word the consulate was under attack. the men went to the consulate, rounded up the staff and then recovered the body of the first victim, sean smith. military officials say it was during a second, more intense attack that doherty and woods were killed. one of mitt romney's former rivals is giving him some interesting advice about the upcoming debates. hmm, it says here that cheerios helps lower cholesterol
as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios ...but you still have to go to the gym. see life in the best light. [music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. nothing complicated about a pair of 10 inch hose clamp pliers. you know what's complicated? shipping. shipping's complicated. not really. with priority mail flat rate boxes from the postal service shipping's easy. if it fits, it ships anywhere in the country for a low flat rate. that's not complicated. no. come on. how about... a handshake.
a tough week on the trail for republican presidential candidate mitt romney. he's gotten a lot of heat for comments he made about the 47% of americans who don't pay federal income taxes and is now even being criticized by some heavyweights within his own party. cnn political editor, paul steinhauser, joining me. paul, what are the republicans saying? in large part, some are saying he needs to be a little bit more firm about the issues. he needs to show a little bit more grit as it pertains to his opponent, president obama. what else? >> reporter: exactly. and some of these columnists have been very critical of romney and how his campaign is handling the situation and calling for maybe a shake-up at romney's campaign's boston headquarters. they're also saying, yes, get out on the campaign trail. we want to see more of mitt romney and more of mitt romney sticking to conservative issues and really pushing back against president obama.
besides the controversy over the past week, we've seen a lot of polls as well that indicate the president may be starting to get the upper hand. mitt romney says that's not true. take a listen. >> you are slipping in the polls at this moment, a lot of republicans are concerned about this campaign. you bill yourself as a turnaround artist. how are you doing going to turn the campaign around? >> well, actually we're tied in the polls. we're all within the margin of error, we bounce around week to week, day to day. some days we're up, some days we're down. but this is a time to reinvigorate the american economy not by expanding government and raising taxes on people but instead by making sure government encourages entrepreneurship and innovation and gets the private sector hiring again. >> reporter: the campaign says we're going to see a lot more of mitt romney on the campaign trail starting tomorrow and monday in colorado and then tuesday and wednesday in the important battleground state of ohio, fred. >> and then as it pertains to showing more grit and against
his opponent, president obama, actually one of mitt romney's opponents on the race for nomination, newt gingrich, is saying, i've got some advice for you. what does he have to say to mitt romney? >> reporter: yeah, this is great. we're a little over a week away from that first presidential debate. take a listen to what newt gingrich told our piers morgan. >> when he walks in to debate obama, he's got to be as tough with obama as he was with me in florida. he has got to stand up. he's got to be very firm and for aggressive. and the country's got to look in and say, you know, this is a guy who could be president, he's tough enough, he's clear enough, i get it. he's not in a competition to be likable. he's in a competition to be capable. >> reporter: after newt gingrich won the south carolina propriety, mitt romney stormed back in two debates including one of our own, a cnn debate in florida, and he won florida. newt gingrich knows. fred? >> so is that kind of a resounding sentiment coming from many republicans, that he's
become a little too docile and needs to show a little bit mo fight? >> reporter: a lot of conservatives are staying that. stick to your guns, push back against the president. these debates may be the only thing left to change the needle when it comes to these polls. but they can, fred. >> thanks so much, paul. a young man is attacked by a tiger at a zoo in new york. but it doesn't appear to have happened simply by accident. we'll explain.
tiger pit at the bronx zoo. the director of the zoo says the man jumped out of the monorail car and then landed in the pit yesterday. it's reported the man suffered multiple puncture wounds by that tiger mauling him. but apparently was able to -- the man was -- follow instructions from emergency staff and then roll into safety. the zoo director had a lot to y about this incident. >> is the tiger going to be put down? >> no, absolutely -- as i said, the tiger did nothing wrong in this case at all. i really want to emphasize that this was a bad situation, but it was a really good day here at the bronx zoo because we have the cat which is still alive and we have this guy that we pulled out of this exhibit and he's still alive. >> was it a suicide attempt? no word on whether the man will face trespassing or any other charges. police have found the body of a retired firefighter in
nebraska. charlie dowd was traveling to visit family by amtrak when he suddenly went missing. authorities think he may have fallen off the train. dowd last spoke to his son when he was apparently just outside denver. his family is simply devastated by the news. >> he was really excited about the trip. and this is just a shocking, shocking, shocking turn of events. >> a statement from amtrak says the case is still being investigated. and they are accused of making themselves rich by taking money from the city of droit detroit. now the former mayor and three others, including his dad, are on trial for corruption. our legal guys will be weighing in on this case. and you can continue watching cnn from your mobile phone. you can also watch cnn live from your laptop anywhere you go. just go to cnn.com/tv.
our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now. yeah, you -- you know, everything can cost upwards of...[ whistles ] i did not want to think about that. relax, relax, relax. look at me, look at me. three words, dad -- e-trade financial consultants. so i can just go talk to 'em? just walk right in and talk to 'em. dude, those guys are pros. they'll hook you up with a solid plan. they'll -- wa-- wa-- wait a minute. bobby? bobby! what are you doing, man? i'm speed dating! [ male announcer ] get investing advice for your family at e-trade.
in detroit, it's being called the most anticipated critical case in the city's history. the corruption trial is under way for the city's former mayor, kwame kilpatrick. his father, his longtime friend and the former city water director. prosecutors laid out their case saying they turned city hall into a den of bribes and kickbacks, making themselves
rich. let's bring in our legal guys, avery friedman in cleveland, good to see you. >> hi, fredricka. >> and richard herman in new york, criminal defense attorney and law professor, joining us from las vegas. good to see you as well. >> hi, fred. >> i figured you guys were on the road so much, might as well join you. >> good to see you. >> loving it in home court, that's right. let's talk about this fascinating case. kwame kilpatrick and three others including his dad now facing some pretty sizable charges. they now have a very diverse 12-member jury, this after kwame kilpatrick argued he couldn't possibly get a fair trial of his peers there in detroit. so now we're talking about the four being accused of rigging water contracts, helping the contractor friend, bobby ferguson, who's also facing the charges here, to make $120 million and then funnel the money to the kilpatricks. so, richard, what kind of
evidence are we talking about to substantiate these claims? >> fred, they're going to bring in some of his closest friends who are going to testify as government witnesses and try to tag him. it's a 38-count federal indictment alleging ricoh, tax evasion, failure to provide services. they threw the kitchen sink at him. he's already down four months, then 14 months in prison. and now he's looking at substantial prison time, fred, 24, 40, 50-year prison sentence if he gets convicted. and just because you have a jury of your peers, it doesn't guarantee you an acquittal. this is going to be a very difficult case for him to defend. and, again, the government is throwing everything at him on this one. >> so, avery, people are thinking, kwame kilpatrick, facing charges, they're remembering the case involved with the text messaging, of the affair that he had. this has nothing to do with that. >> obstruction. >> something very different.
this is much bigger, in fact. and richard outlined it there, calling some of his friends. but the defense argues some of these friends have credibility problems of their own. and they really are not going to make for good eyewitnesses. what more would there be? >> yeah. well, the argument -- we heard the defense team talk about smokes and mirror and that it's just a government story. look, there's audio, there's video and on top of it, you have ten individuals, including the former vice mayor and former assistant to the mayor, testifying -- been convicted. and the argument by the defense is going to be, look, they're just trying to lessen the kind of sentence they're looking at. but the truth is that this is a massive level of evidence. aud audiotape, videotape, the text messages alone which actually sank kwame in the affair matter which wound him up in the penitentiary, these are federal
charges. and one of the text sayss, we're going to get us some money, kwame sends to ferguson. the evidence is frankly overwhelming. there's no doubt the defense team tried to do some kind of deal. but there's not going to be deal. this case is going to go 4 1/2 months and the evidence, i think, is going to be overwhelming. >> incredible. so you've got surveillance video, audio recordings, the text messaging, et cetera. and then, of course, there was the allegation that there was some $90,000 in cash smuggled into a vacuum cleaner that was delivered to kilpatrick. >> yeah. but he says -- he denies he stole one dollar. so the government's going to have to prove and show the funnel of money coming to him. remember the blagojevich case here. >> it's not going to be so easy. >> shows he got money. >> it's going to be complicated. >> maybe he was vacuuming to clean up city hall, i don't know. maybe that was it. >> let's move on to another case. talking about that anti-muslim film that's ignited so many protests around the world. but in this legal case, it
involves one of the actresses, cindy lee garcia, who says that she was duped. she had no idea that this film that she was part of, "innocence of muslims" would do what it did or depict the prophet muhammad this way. she is suing for fraud and slander. richard, help me out on this one. slander. she delivered the lines. how is she going to be able to lay out a case of slander against the filmmaker? >> this is why they come up with sanctions against people who file frivolous lawsuits. this is absolutely frivolous. this is garbage. open up the garbage can, fred. obviously there are other internal pressures putting on her to act or react in a certain way. but she has no privity of contract. she has no relationship with the film distributors here. she signed a contract to act as an actress, which supposedly she did. and now she can't dictate where
this film is shown, where trailers are shown, what locales it's shown in. she has nothing to say about any of that. good riddance, see ya. >> this is what cindy lee garcia has to say. let's listen in. >> when i originally was casted for the film, the name of the film was "desert warriors." it was supposed to be based on how things were 2,000 years ago. on set, muhammad or muslims were never mentioned. >> avery, if she doesn't substantiate slander there, then fraud? she's stating her case there. >> well, i actually agree with the result that richard talked about. but i disagree on the grounds. there actually is a contract between nakoula, who's the producer of it, and garcia. but traditionally in entertainment contracts, fredricka, there are comprehensive releases. so even if the producers totay
flip the theme and absolutely modify what was going on in there, the livelihood in a basic entertainment contract is that garcia waived any claims she has, even fraud, even slander, no matter what kind of claim it is. so as a matter of law, the case has to be thrown out. the case was initiated this week in a california court. the state court threw it out because the court has no jurisdiction because part of the claim was to yank the video off of google, which is -- it can't do. there's a federal claim over there. so the case is really going nowhere. there are a lot of people who say, yeah, she's right. but in terms of the legal claim, there's absolutely nothing there. nothing. >> interesting. okay. gentlemen, thanks so much. we're not done with you yet. we'll see you again in about 15 minutes and talk about some other fascinating cases, including a california federal appeals court hearing and those arguments for and against a law requiring california police to take dna samples as cheek swabs
and all that. you're going to take a swipe at that case coming up. and some americans say they are worried about a key part of president obama's health care reform law. we'll tell you what that provision is and why it's making some people rather nervous. [ male announcer ] what if you had thermal night-vision goggles, like in a special ops mission? you'd spot movement, gather intelligence with minimal collateral damage. but rather than neutralizing enemies in their sleep, you'd be targeting stocks to trade. well, that's what trade architect's heat maps do. they make you a trading assassin. trade architect. td ameritrade's empowering web-based trading platform. trade commission-free for 60 days, and we'll throw in up to $600 when you open an account.
why they have an-free raise your rate cd. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally. each of the cnn heroes of 2012 will receive $50,000 and a
shot at the top honor. the winner will receive an additional $250,000. and you can help decide who that person will be. here's anderson cooper to show you how. >> now that we've announced the top ten cnn heroes of 2012, i want to show you how you can vote for the cnn hero of the year. it's very easy. this is the main page of cnnheroes.com. down here, you'll see all top ten cnn heroes. each one will receive $50,000 plus a shot at becoming cnn hero of the year. and that's where you come in. here's how you can vote for your favorite cnn hero. as an example, i'll randomly click on rozia john over here. the same kind of information will come up if you pick any of the top cnn heroes. once you're ready to pick the person who inspires you the most, click "vote," in red right over here. a new page then comes up showing
you all top ten cnn heroes. you choose the person you want to vote for. just as an example, leo mccar y mccarthy. then you enter your e-mail over here in step two, enter the security code and you click on the red box right down here that says "vote." you can vote up to ten times a day. and then rally your friends by sharing your choice on facebook over here or on twitter. and, remember, you can vote from your computer, your phone, your tabl, pretty much any mobile device with a browser. go to cnnheroes.com. we'll reveal your 2012 here of the year during "cnn heroes, an all-star tribute." it promises to inspire. >> meet all of the top ten cnn heroes for 2012 and vote for the one who inspires you the most at cnnheroes.com. and you can vote up to ten times a day if you want. every day. be sure to share your photo on facebook as well as twitter.
the u.s. supreme court is giving states the option of opting out of medicaid expansion. millions of lower income americans rely on that safety program for health care. and if their state decides not to expand medicaid, many could find themselves uninsured and facing a tax if they don't buy insurance on their own. lisa sylvester reports. >> reporter: 60-year-old sue has
seen the ups and downs of lichlt she was laid off last year. now she is out of a job and out of health insurance. >> since i have been at this age that i am now and faced with the prospects of buying my own insurance through the private sector, it's become so difficult because it is extremely expensive. and i'm just saying if this law goes into effect the way i understand it now, it's going to be a hardship for me. >> reporter: anglin is referring to the new federal health care law. she and virtually all over american residents will have to have health insurance by 2014. if not, they'll face a penalty collected by the irs. new numbers finds that 6 million americans will likely have to pay that penalty. >> people who are affected by it are the so-called working poor. they're working, making some income. they're making enough so they wouldn't be eligible for medicaid. but it's hand to mouth, it's
day-to-day living on their part. >> reporter: starting off in 2014, the penalty will be capped at $285 for a family, or 1% of income. but by 2016, it reaches $2,085 per family. even some of those who work in the health care industry can't afford family health insurance. >> if you don't have any income, how are you going to pay the federal tax? to me, it's a no-brainer. if there's no money, there's no money. >> reporter: the department of health and human services is quick to point out that 98% of americans will not be impacted by the penalty and through state exchanges, health insurance will become more affordable. the obama administration in a statement saying, quote, the health care law creates a new marketplace where consumers can purchase private health insurance and get tax credits to make insurance more affordable. thanks to the health care law, more than 20 million middle class people and families will get a significant tax cut averaging about $4,000.
it's hard to know how this will all play out. the working poor could be eligible for a waiver or those who can't afford health insurance could get care the way many do right now -- at the emergency room. lisa sylvester, cnn, washington. actor denzel washington needed some help learning his craft. he tells me one of his biggest lessons didn't come from an acting school. bayer? this isn't just a headache. trust me, this is new bayer migraine. [ male announcer ] it's the power of aspirin plus more in a triple action formula to relieve your tough migraines. new bayer migraine formula.
hey, bro. or engaging. conversations help us learn and grow. at wells fargo, we believe you can never underestimate the power of a conversation. it's this exchange of ideas that helps you move ahead with confidence. so when the conversation turns to your financial goals... turn to us. if you need anything else, let me know. [ female announcer ] wells fargo. together we'll go far. after you jumped buship in bangkok,n. [ female announcer ] wells fargo. i thought i'd lost you. surfing is my life now. but who's going to .... tell the world that priceline has even faster, easier ways to save you money. . . on hotels, flights & cars? you still have it. i'll always have it.
helping to improve young lives every day through the boys and girls clubs of america. that organization provides children with an extra support system for their education and personal growth and sports. denzel washington has been associated with the club since he was a boy, some 50 years ago. he is now a national spokesperson for the organization and i asked him how he first got involved. >> one of the great things about the boys and girls club, especially -- or as i remember it in those days is you thought it was all about fun. but you were actually being taught a lot of life lessons. and even through sports, sportsmanship and how to accept defeat and how to be a gracious winner and things like that. so we never were -- like sat down and you must learn to be -- it didn't feel like that. it felt like fun. and it was a safe place. and it was a place where you
compete, you meet kids from other neighborhoods. i loved it. they had to kick me out. >> you feel like it shaped you in a big way? >> absolutely, absolutely. when i was, i think, in the third grade, i was on a track team at the club -- on the relay team. and i was like the fourth fastest guy. and a new guy game in that was faster than me. and billy thomas, who was the coach of the team, he knew something was wrong with me. and i said, well, i'm worried about this other kid. he says, well, you know, denzel, you have to understand, he doesn't know how to pass the baton yet. he doesn't know how to run the curves. what he said to me was, your natural ability will only take you so far. 20 years later or 15 years later, i was about to graduate from college. i had started acting for two years. and i decided to go to a graduate program and study more because i knew my natural ability would only take me so far. i remembered that story and i
applied it to my life as an actor. >> and clearly it left an indelible impression because you remember his name, billy thomas, to this day. >> absolutely. >> you remember how it shaped you and what it did for you. how do you suppose -- >> i remember the name of the kid that joined the team, reginald whitfield. i was scared. >> you'll never forget that. what motivated you? there you go. denzel washington has a new movie out called "flight." it opens in theaters november 2nd. he plays a pilot and he saves lives. once again, heroic. a convicted killer set to be executed in january wants to put off his lethal injection because he says he's too obese. our legal guys will weigh in on this one. now, that's what i call a test drive.
silverado! the most dependable, longest lasting, full-size pickups on the road. so, what do you think? [ engine revs ] i'll take it. [ male announcer ] it's chevy truck month. now during chevy truck month, get 0% apr financing for 60 months or trade up to get the 2012 chevy silverado all-star edition with a total value of $8,000. hurry in before they're all gone!
since ameriprise financial was founded back in 1894, they've been committed to putting clients first. helping generations through tough times. good times. never taking a bailout. there when you need them. helping millions of americans over the centuries. the strength of a global financial leader. the heart of a one-to-one relationship. together for your future. ♪ together for your future. see life in the best light. [music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. as part of a heart healthy diet. that's true. ...but you still have to go to the gym. ♪ the one and only, cheerios
but i'm still stubbed up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] alka-seltzer plus liquid gels speeds relief to your worst cold symptoms plus has a decongestant for your stuffy nose. thanks. that's the cold truth! ...and we inspected his brakes for free. -free is good. -free is very good. [ male announcer ] now get 50% off brake pads and shoes at meineke. over the years, we've heard different arguments as to why a state should not go through with an execution. but is weight a good reason? an ohio inmate claims he's too obese to die by lethal injection in january and wants his execution delayed. our legal guys are back. avery friedman in cleveland, richard herman in las vegas.
gentlemen, this convicted killer, ronald post, weighs 480 pounds and he has tried to lose more. but at 53, he says, you know what, it's not just an issue of his weig but that his veins are not good enough for lethal injection and that would constitute a complicated process which would lead to cruel and unusual punishment. so, avery, what are the options here? >> well, you know, it's interesting that the opinions about this have been thermonuclear. everybody says, well, he shot this lady so we should shoot him. but under the constitution, that isn't how we do these things. the fact is that there are legitimate arguments which u.s. district judge leslie wells who has the case has to decide based on science. but to me what's really intriguing here, really intriguing -- and i haven't seen any opinion on this -- is that the prison officials had to know, fredricka. this was coming. this was coming. >> really? >> why in the world didn't they just do a quick gastro bypass,
which, by the way he asked for. he wouldn't be 500 pounds -- >> in order to make sure -- so a procedure like that -- >> to make sure -- >> to make sure that his execution would be able to go through? >> absolutely right. why in the world did these prison officials screw around with this? this thing should have been taken care of a long time ago. the federal judge now has to make the decision. should have never, never happened. >> interesting. richard, how often does this happen that someone's physical condition precludes them from being an eligible candidate for execution when they have been convicted and they are serving what's left of their life on death row? >> fred, there must be something in the water in cleveland these days. avery, come on! this guy's been in prison for almost 30 years. they have exhausted every single appeal they could.
he's in a wheelchair right now. he's not going anywhere. he's going to get stuck with those needles. they're going to give him the three-drug cocktail. he's going down. he says, i tried to lose weight. i went on the exercise bike in prison but it broke because i was too fat. he killed someone. he exhausted his appeals. he's getting the needles. they're going to find veins. i know doctors who will find these veins. this guy is going down. he's going to die in prison. they're going to execute him. there are no further defenses. >> this is fascinating. of course, the family of the motel clerk that was killed in that 1983 murder is saying this is just another last-ditch effort in which to delay. >> of course. >> it will be interesting to see what happens. it's not over yet. let's talk about another case i want you gentlemen to take a swipe at this one. this involving the aclu that is
looking into a case that involving a cheek swab for dna. and this taking place involving a person before they've actually been charged with a crime and this is all predicated on an actual california case, avery. what happened in this case? >> well, the protester was told by the cops, we'll let you out of jail early if you let us do a little dna swab. well, she did. a federal district judge said that was not unconstitutional, it wasn't unreasonable search. frart appeals court said, yeah, it's not unconstitutional. this week, 11 federal appeals judges got together and heard arguments on the question. even if they rule that it is unconstitutional, you have courts like the maryland supreme court that said, well, it is unconstitutional. so the question is, is this case, a dna swab, going to find itself in the u.s. supreme court as an unreasonable search? and that's really the question
that's presented. is it any different than fingerprinting? and that's the question. >> that was going to be my next question. how is this any different from fingerprinting? you may be subjected to giving up your fingerprint before you are charge and the same is being asked here, giving up a swab before you are charged. >> that was one of the arguments made in the court of appeals and the judges completely rejected that argument, fred. but, listen, in 2004, the interesting people in the great state of california, many of whom participate in those legal marijuana sales facilities that they have there voted in this law which says that even if you are arrested upon a felony arrest, you must give up your dna swab. you must give a swab upon a felony arrest. the people vote that had. so what happened was, avery gave you the facts of the case, it's on appeal right now. defense attorneys argue this all the time. unreasonable search and seizure.
you're protected by the fourth amendment. i think this is going to d.c. get your tickets now. this will be in the supreme court. it will be very interesting. >> wow, u.s. supreme court? >> well, fredricka's already there. i'll be camped out on the steps and wait until it happens. and then i'll hang out with you as well. >> you could swab and weigh in it and hang out there. >> okay. as long as the weather's good. thanks, gentlemen. always good to see you. always a great treat. appreciate it. the legal guys are with us every saturday at about this time to give us their take on the most intriguing legal cases of the day. we talked about this fairly recently, a jury has convicted members of an amish community in ohio of committing hate crimes. a case closed on that. prosecutors say sam mullet instructed 15 of his followers to assault people who left his group over religious disagreement. they forcibly cut women's hair,
shaved men's beards. they could be sentenced to at least 17 years in prison. the job market is not doing very well right now. but the trucking industry is. it's on a hiring spree. we'll explain why. ey nut cheeris has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. yeah, you -- you know, everything can cost upwards of...[ whistles ] i did not want to think about that. relax, relax, relax. look at me, look at me. three words, dad -- e-trade financial consultants. so i can just go talk to 'em?
just walk right in and talk to 'em. dude, those guys are pros. they'll hook you up with a solid plan. they'll -- wa-- wa-- wait a minute. bobby? bobby! what are you doing, man? i'm speed dating! [ male announcer ] get investing advice for your family at e-trade. [ male announcer ] get investing advice mom: ready t♪ go to work? ♪ ♪ ♪ every mom needs a little helper. that's why i got a subaru. announcer: love. it's what makes a subaru, a subaru.
there are more than 12 million people out of work. and the trucking industry is actually hiring a lot of people. and many are switching careers to get one of those jobs. in this week's "smart is the new rich," christine romans takes a look. >> i got hired to drive a truck for prime. >> reporter: out of work for a few years, he went from homebuilding to trucking. the reason? it's where the jobs are. >> i've been through several recessions before. i was building homes when jimmy carter was president. things were bad then. but they're terrible now in that industry. >> reporter: movies like "con y
"convoy" was the image of truck drivers in the past. >> i've had ex-teachers, ex-lawyer ex-lawyers, ex-accountants. >> reporter: it's supply and demand, a rebounding economy means more freight to move and more jobs to fill. about 200,000 long-haul trucking jobs are open nationwide to add to the 1.5 million drivers on the road now. like health care jobs and retail sales, truck driving is an occupation that's growing. more than 300,000 long-haul trucking jobs are expected to be added between 2010 and 2020. prime trucking is hiring. >> i could put a couple of hundred people to work this next week. the demand for our services is there. it's the qualified people that's the challenge. >> reporter: those qualifications include a commercial driver's license, which can cost thousands of dollars and weeks of certification courses. there are also safety concerns.
>> safety is absolutely vital. >> reporter: and the trucker lifestyle can also hold some back from applying. >> it is a 24/7. you are making a big commitment. >> reporter: prime is trying to recruit by offering certification and training on site for free. >> the cost here is zero. we're training them. we want to help that person who is making that career change or choosing their initial career. >> reporter: alan harrell is training gerald, both switched careers to trucking after being laid off. >> they were looking to cut costs and i was the downfall from it. >> got laid off at the beginning of the year. and i needed something to take care of my family. >> reporter: while the days are long -- >> i am probably gone 45 weeks out of the year. >> reporter: for alan and gerald, trucking is more than a job. >> you get a chance to go just into some phenomenal areas of the country, driving, that is the beauty of this job. >> i really love to be a truck driver, i really do. >> reporter: christine romans, cnn, new york.
a popular band that's recently reunited now splitting up. americans believe they should be in charge of their own future. how they'll live tomorrow. for more than 116 years, ameriprise financial has work for their clients' futures. helping millions of americans retire on their terms. when they want. where they want. doing what they want. ameriprise. the strength of a leader in retirement planning. the heart of 10,000 advisors working with you one-to-one. together for your future. ♪ ♪ lord, you got no reason ♪ you got no right ♪ ♪ i find myself at the wrong place ♪ [ male announcer ] the ram 1500 express.
♪ it says a lot about you. ♪ in a deep, hemi-rumble sort of way. guts. glory. ram. why they have a-rumble raise your rate cd. tonight our guest, thomas sargent. nobel laureate in economics, and one of the most cited economists in the world. professor sargent, can you tell me what cd rates will be in two years? no. if he can't, no one can. that's why ally has a raise your rate cd. ally bank. your money needs an ally.
the worldwide protests triggered by an anti-muslim internet movie. he is expected to once again denounce the film and the acts of violence committed by some demonstrators. the good vibrations may be a thing of the past. the beach boys splitting up? after reuniteding earlier this year? mike love and bruce johnson released a statement saying after the 50th anniversary reunion tour, the band will not include the other three members. but brian wilson responded saying he was disappointed and he had hoped to keep making music with the whole group. it's the first day of fall officially, and to mark the occasion, we've got a challenge for you. go outside, use your smartphone to take a picture, then upload it to cnn ireport by using one of cnn's mobile apps. the only requirement? that the photo be horizontal and be unfiltered. we'll be showing the best ones later on today and tomorrow.