tv Legal View With Ashleigh Banfield CNN December 9, 2013 8:00am-9:01am PST
return flyweigight to louisiana >> they told us that there was a post flight cabin inspection but the company could not explain how wagner was overlooked. thanks for joining us today. i'm john berman. "legal view" with ashleigh banfield starts now. >> 1500 more flights canceled this morning. and that is an improvement over yesterday. but this winter storm is not done yet. the forecast, you may not want to hear, coming up next. also this hour, she became a widow just eight days after promising till death do us part. now she's on trial for murder. trying to convince a jury that she didn't mean to push her new husband off of a cliff. and works been piling up around the house. and i do mean that literally.
just wait until you see the week's to do list for the do-nothing congress. is there time to get it all done and avoid another government shutdown? hello, everyone. i'm ashleigh banfield. it's monday. it's december 9th. welcome to "legal view." here is the bad news of the day. the airline flights aren't the only casualties of snow and ice. take a look at your screen. the bongs river parkway just north of new york city where snow turned to rain and which turned to ice and causing a 20-car pileup. believe it or not, no one has seriously hurt. in dallas this morning, the morning rush was anything but. people there do not mess around with icy roads. take a look at the slow going. but icy roofs in dallas can be even more treacherous. >> oh!
oh, my god. >> yeah. that's something. those are two-inch thick slabs of ice falling five stories to the ground. here is the other view of it. wow. obviously that parked car did not fare very well. and eight parked cars in total were smashed. amazingly, though, i hope nobody was walking on the road, the woman says. and luckily, at the time there was no one-out walking dogs which is typical in that area. here is something else, more than 600 airline passengers spending the night the dallas-ft. worth pair port. while that's bad, it is down from 2,000 the night before. and while that's bad, it's down from 4,000 on friday. james archbadl has been there since thursday. >> this is day four. times are desperate. i just don't understand why they
can't get the ice off the runway. i'm from canada, we've got four, five feet of snow on the runway. boom. plows go by. i know it's for our own safety, but it's kind of a bit silly. >> i hear you. my cnn colleague rose ka flores hears you too. it's pretty icy out on the new jersey turnpike, how are things going now? >> reporter: a lot of that ice has turned to slick roads. so emergency management officials are saying be very, very careful out there. but let me set the scene as to what we're looking at right now. if you look around me, you'll see there's a visibility issue. that's what officials are worried about. the clouds are low, visibility is low. you want to be very careful out on the roads. they're slick. some cases we talked to folks out here who was saying there's black ice on the roads. one gentleman said he did a 180 osen the highway and he's counting his blessings this
morning. i did talk to the state police and they say they're not seeing any major accidents at this hour on the roadways. but ashleigh, you just mentioned that 20-car pileup in yonkers. there was a 30-car pileup in wisconsin yesterday. the state of new jersey has about 2,000 pieces of equipment to spread salt to plow the roads. they told me 800 of those were out overnight. they're reassessing the situation because they're expecting more snow tomorrow, ashleigh. so again, what they're saying is be very careful out on the roads because they're slick, wet, and it can turn very dangerous very quickly. >> and sometimes they don't look so dangerous when they are. rosa flores, thank you for that. i want to turn now to chad myers at the cnn weather center in atlanta. i don't know if you were watching just a few seconds ago when we showed that video, and i don't know if the control room
can rerack it. when that ice slab was falling off the roofness dallas. it's unbelievable the power and weight and danger. look at this. listen to it for a second. i want to listen, hold on. >> oh, my god. holy crap. >> yeah. i mean, honestly, chad, they were so lucky that there weren't people out there. that's deadly. >> we expect dha in buffalo, toronto, ontario, detroit. but not dallas. dallas had so much ice come down. literally an inch of ice. even some sports more than that. and then it just slid. and when it gets a little warm, slippery or wet ice, and that ice slid right off the roadway. we have airport delays because of the ice and snow. the main ones, laguardia and newark. if you're heading to charlotte, you're being stopped on the
airport way because of the snow there coming down. and it's going to take another 30 minutes for that cool down and get back to normal. delaware, newark, you had a foot of snow. i was at a horse track yesterday and one of my friends called me and said hey, dude, i've got 7 inches of flurries in philadelphia. yes. and there are still 5,000 planes in the sky. not every plane is canalled. talk about how many are canalled, there should be about 5,800 out there. so about 800 not in the sky that should be at this hour. it gets better from here. there's one more batch of light snow and ice for the northeast in the next 36 hours. but this pattern is stuck now. what we see is what we get. every single snowstorm or low that comes up the east coast is going to be almost the same kind of thing. hopefully in a lesser scale than what we saw over the weekend.
>> and whenever i see that picture behind you, it's a little disconcerting. the planes aren't that big in real life. it looks like the entire country is covered in airplaneses. >> there will be no global warming if the planes were this big because we would never see the sunshine. >> by the way, the icy weather is not going to slow some travelers down. and i'm talking about the ones that have the easiest time traveling. president and mrs. obama set out this morning for south africa and quite possibly the largest gathering of world leaders in african history. the occasion, of course, is the public memorial for nelson mandela who died last thursday at age 95. more than 90 heads of state or government are going to join some 90,000 south africans and mourners who will converge on the soccer stadium in johannesburg and that is set for
tomorrow. israeli prime minister benjamin netanyahu will not be among them. they say the trip will cost too much. and because of the short notice, security could not be guaranteed for the prime minister. tomorrow's service is by the far the largest but it's not the only one. from wednesday through friday, mandela's body will lie in state at the union buildings in pretoria. on sunday he'll be laid to rest in his hometown. wurch last known photographs of nelson mandela was snapped in may during a visit by his 3-year-old great grandson. they're holding happeneds. it might be the last known photograph as well. that beloved icon was at his home in his favorite chair with his grandson. the boy's father says, this is something he'll treasure when he's old enough to understand.
and that is an understatement. the house of representatives has a lot to do in this country before adjourning are for the year on friday. they've got to find common ground on the little things, like unemployment, and farm bill subziz. and got to reach a budget deal to avoid another government shutdown. meanwhile, the senate is going to return today from a two-week thanksgiving break. senator charles sue mer and richtd blumenthal calling for cameras on planes. federal prosecutors saying a woman shoved her husband off a cliff days after they were married. she says it was all an accident. now the murder trial of this 22-year-old montana woman has begun. does her defense stand a chance? also, imagine dozing off on a flight only to wake up the only person left on the plane and locked in. it happened to this man. his unbelievable tale coming up.
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was it an accident or was it a murder? that's what a jury is going to have to decide when jordan graham goes on trial for pushing her husband off a cliff in montana's glacier national park. all of this eight days after the two of them were happily married. jury selection starts today. and prosecutors are already over the first hurdle. and that was getting graham to admit she was with her husband in the first place. >> reporter: what started as a wedding is now ending in a courtroom trial. >> did you mean to push your
husband off a cliff? >> reporter: this morning she will go on trial for murder. federal prosecutors say that 22-year-old graham deliberately shoved her 25-year-old husband to his death on july 7th. just eight days after their wedding. friends of cody johnson say they noticed problems from the start. >> when they were exchanging vows, jordan was looking down and wasn't looking at cody. >> reporter: graham's attorneys are claiming it was an accident saying the couple started arguing. and that when she tried to remove her husband's hand from her arm, he lost his balance. she admitted that she was having second thoughts about the marriage, she she has pleaded not guilty in this case. prosecutors saying that they have evidence she may have
blindfolded her husband before pushing him. while her attorneys are saying inappropriate touching during graham's polygraph testing. whatever the outcome of the trial, cody's friends have already made up their mind. >> he incident deserve whatever end she gave him. >> reporter: if convicted, graham faces life in prison. cnn, los angeles. >> the stakes only get higher when it's a death penalty case. here is what's fascinating about this case. there are only two people who know what happened on that cliff, one is dead and the other one is fighting for their life. so your credibility is already in question when you're the only other person in the room. how do you see this case playing out? >> first of all, i don't think there's any realistic possibility of it being a death penalty case. this is a federal case and it's being tried because it happened in a federal park. and it's also a heat of passion
kind of case that even in a death penalty state, unlikely the death penalty will apply. how do you convict of her this? she's alone with the husband on the cliff. that's no satellite surveillance, so nobody knows what really happens. prosecutors, however, are saying what she did after he disappears is so suspicious that it's what we call a consciousness of guilt. and that a jury is allowed to consider that. he disappears, she says she doesn't know where he is. she lies about this. and then eventually she's drawn back to the scene -- >> and discovers the body. that was a bit weird. >> and she's got contradictory stories. >> i hear you. concussions of guilt is one of those things you hear in a courtroom and it's easily refutable by people who panic and behave in bizarre ways because something horrible has just be fallen them and they don't know how to react.
you can always fight it with that other notion of we all mourn and fear differently. am i wrong? >> you sound like the defense attorney in this case. that's exactly what they're going to say. what are you going to do convict her of murder because she didn't react the way you would have reacted? however, we have other things -- when i say "we," the prosecution has other things. not just consciousness of guilt. before the wedding she was having second thoughts. >> that doesn't a murderer make. >> right. but she dealerships knowing where he is. then they go back. she tells two contradictory stories. it's starting to become a strong sir outcome stan shall evidence case. >> so when a defense attorney stands up and looks at a jury and says, this is all sir
outcome stan shall, people, the truth is there are some cases that are stronger because that evidence is voluminous and strong. it can be very strong. >> one of the charges they use is footprints in the snow. you see footprints in the snow going to a house. is there any doubt in your mind that a human being entered the house? you don't have to worry about an eyewitness who didn't have good eyesight. >> can you stay? >> absolutely. >> good. i've got another couple for you as well. with this nasty winder storm we were talking about before we broke for the crime story, the northeast really girdingist. thousands are trying very hard to get on an airplane and get home safely. one man the problem wasn't so much getting on a plane, he couldn't get off a plane. he was locked inside a cold, empty airplane all by himself. how is it that they missed him on the sweep? he's going to explain in a moment.
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certainly has its risks. falling say sleep on an airplane definitely should not be one of those risks. but a man fell asleep and nobody woke him up when the plane laned in houston. no one even noticed him it turns out either. when they swept the plane, no, nobody saw him. earlier on "new day" he talked about the experience of being locked into the plane. >> what's going on here? and then i was like, i looked down the aisles and nobody was there. i got up and i walked around, i had to go to the bathroom. so i worked my way to the back and found it. and i called my girlfriend, debbie, i said listen, you got to call the airlines i'm locked in the plane. >> she didn't really believe you at first, did she? >> no. because i play games with her once in a while. joke around. and she finally -- i said debbie, i'm locked in the plane.
you've got to call the airlines. she started laughing. i said, i'm serious. and she said, then she was still laughing. then she finally hung up and i guess she called the airlines. then i called my sister. because i figured i ain't going to make my next flight. >> and you definite didn't make the next flight. are you the deepest sleeper that ever lived? >> i'm really not. i just sleep. and like i get a lot of questions like, didn't you feel when you landed? and i'm a captain on a offshore oil working for the oil field industry, and sleeping like bouncing around is kind of the norm. >> par for the course for you. >> so it takes a half hour for you for finally get out. >> well, i don't -- >> and then what do you say to the gate agents? >> they were like, what are you doing on this plane? i said, i was a passenger. i woke up and i was locked in
the plane. the workers came on first. those are the ones who found me. >> uh-huh. >> i was going to open the door, i walked up toward the cockpit and i had my hand on there, and i said, no, no, i better not do that. and a couple of minutes later the other side door opened up. the one worker come in and says, who are you? what are you doing on this plane? i said, dude, i was a passenger on the plane. i fell say sleep and i woke up. and he said, where are your bags? and i said, i don't work here. i was a passenger on this air palestine. and he was like, no, no, no. >> and what i think i understand, too is that they did a sweep. the airline said they walked through to make sure nobody was left on the plane. and you look like you're a fairly substantial man. i don't know how they could have missed you. >> i don't either. >> i don't either.
how do you miss a man on their airplane. in a statement, the airline says it's investigating to determine how this occurred. also saying we sincerely apologize for the inconvenience this cause thed the passenger. this is no secret. congress has oonts done a whole lot this year. they've been busy, but not accomplishing stuff. and that's putting it politely. but they still have a heck of a lot to do and guess what? they only have one week left to do it. this week to do it all. so can the so-called do-nothing congress actually do something before the recess? coming up next. d, which rewards her for responsibly managing her card balance. before receiving $25 toward her balance each quarter for making more than her minimum payment on time each month. tracey got the bankamericard better balance rewards credit card,
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those pictures that nobody was seriously hurt. although, and i will say this, dozens of people had bumps and bruises. now look at this picture. slow going. and icy morning in dallas. that is how you drive in dallas when the ice storm comes. and as treacherous as ice can be on the highways and roadways, you need to see what it can do on rooftops in that city. >> oh! oh, my god. >> oh. >> did you see that guy right there? >> wow. oh, my god is right. >> oh, my god. holy crap. >> yeah. you know, it's amazing that no one was down walking the dogs
because it's a common time to walk the dogs apparently below those apartments. those there two-inch slabs of ice fall to the ground. and look at these images, dertds airport. 1500 airline flights canalled all around the country. a huge improvement from the weekend. and things looking up for another winter scene we've been falling. a deer tooig to get out of the crushed ice. the rescuers managed to get that deer to drier and safer ground. coaxing, nudging, dragging the animal. ultimately getting the deer. look at those pictures. just amazing. up onto the ice. and believe it or not there was a waiting animal ambulance. i diplomat know they had such things. but i love to see that they do this. look at that. all of them together working in unison to make sure that deer
was able to survive. i'm ashleigh banfield. sweater-clad today. nothing to do with what's going on in washington with with the weather. both sides of the aisle are going to have to throw their full support behind something. and believe it or not they all agree on it. vacation. before that leisure time, there's a bunch of pending legislation, you might say pesky legislation, still on the table. gun control measure, farm bill subsidies, unemployment benefits. most importantly they need to reach a budget deal so we can all avoid another government shutdown. let's be honest here. they're probably not going to get all of this done because of the small amount of legislation they've been angle to pass so far, they're call a do-nothing congress. how much are they likely to get
done and how much are they likely to leave on the table. joe johns joining me now. there's a lot more. the farm bill. et cetera. what do we expect to actually happen in the next four and a half days. >> ashleigh, compared with the last 50 years, 2013 has seen record breaking verging on historic inactivity on the part of the u.s. congress. and even as they get ready for the year-end sprint, it doesn't look like that's going to change. the budget is top issue. another government shutdown as of january 15th, which is something both sided say it's something they don't want. the immediate problem is to try to get a work around from the government -- this isn't the best environment for democrats and republicans to work together. also, there's growing concern about extending long-term
unemployment benefits which expire at the end of the month. it would affect about 1.3 million americans. and it's really a philosophical issue for. many economists say the payment helped economy. and there's the farm bill, defense department policy bill. and even the tweak to medicare fees to keep patients from being dropped from the rolls of health care providers. a lot of stuff on the list not clear at all that you a lot of that is going to get done. >> joe, last we left off back in october was when the big committee of i think 29 conference committee members were going to try to get together. and it all looked like there was a big cool by yaw. and now as i'm hearing it and correct me if i'm wrong, they're going to take their own plan and
bypass that whole committee to the congress. it's a cease fire, just do it. is that it? >> there's a question as to whether that strategy or any other strategy is actually going to be the thing they end up with. i think you have to say that opinions are mixed as to whether they're going to be able to get some type of a blanket deal or do something much smaller which is what happened before when we've gotten pushed up get the deadline. >> we thank you for keeping an eye on capitol hill for us. elsewhere out of washington, d.c., the president and mrs. obama are gone. they're on their way to south africa right now. the occasion, of course, is the public memorial service for nelson mandela who died last thursday at age 95. more than 90 heads of state or government are going to join about 90,000 south african
mourners at the soccer stadium in johannesburg set for tomorrow. that's the largest ceremony. but it's not the only one. from wednesday through friday his body will lie in state in pretoria. on sunday he'll be laid to rest in his hometown. defense secretary chuck hagel is in pakistan trying to repair relations that have become strained over the drone strikes. as a result, they've shut down an important supply route to united states troops who are still in afghanistan. senator schumer and blumenthal are calling for cameras nationwide on trains. they say it will help derail deadly accidents like the one that killed four people in new york last week. eight companies want new
curbs put in place on the national security agency. google, facebook, twitter, and the rest, they want the united states to take the lead on restricting online spying. they made a suggestion, stop the nsa from collecting information. they also want the government to publicly disclose when it wants that information and make the case before an independent court. his amazing story of survival inspired a hollywood hit. but ar ron roll ton, the hiker who amp pated his own arm to stay alive, today is behind bars. we'll tell you why and how it happened. and could you land behind bars for allowing a friend to drive drunk. it's happening possibly to two teens in connecticut. but should they be to blame for perhaps what this young girl
to appear in court today. a married couple stands trial for criminal homicide in an alleged thrill killing. according to police affidavit they said they just wanted to kill someone. police say miranda used a craigslist sex ad to lure this man into a car and they reportedly admitted trying unsuccessfully at other times to kill other victims. if you left someone else get behind the wheel of a car and you know that that person is too drunk to drive, can you be held responsible if somebody happens? that's exactly what's hat the heart of a case in connecticut. police there say two teenagers knew that their friend was drunk but that they skillet her drive
home. the police also say because of that inaction it cost their friend her life. pamela brown looks at the charges they now face. >> this 17-year-old was driving alone in connecticut in july when she crashed the suv she was driving into a tree and was killed. her blood alcohol level according to police was .37. three times the adult alcohol limb. now two of the girls who were with her are being held accountable. >> they knew she was intoxicated and knew she shouldn't be been driving and loud her to drive. >> reporter: they say the two teens were the last to get out of the car leaving the 17-year-old to get behind the wheel and drive herself off. she drove only half a mile before crashing. after a thorough investigation they arrest the the teens this month and charged them with reckless endangerment.
>> there were so many things that could have been done. and worried about getting in trouble for sneaking out. is that really that important? >> the arrests sent shock waves through the community, still shaken up by the tragedy. on a facebook page, one friend recently wrote, today brought me and many others, i'm sure, right back to the week you left us. the case is once again raising questions about moral obligation versus legal responsibility. >> we expect adults to act with a certain degree of judgment and reasonableness. but when somebody is 16 years old, it's sort of hard to place the kind of the criminal responsibility on them that we would place on an adult who handed keys to a drunken driver. >> our thanks to pamela brown for that report. you just heard paul cal lon talking about that core issue. how about this. adults or teenagers. are we responsible for preventing a crime from
happening? think about that for a moment and all the issues that come with it and where you might fit into that argument. paul is going to join us and sort it all out. next. cg/úññ ♪ [ female announcer ] feed a man a cookie and he eats a cookie. ♪ feed him a fresh baked cookie and he eats a much, much better cookie. bake the world a better place with nestle toll house. the united states population is going to grow by over 90 bakeovemillion people,earsace and almost all that growth is going to be in cities. what's the healthiest and best way for them to grow so that they really become cauldrons of prosperity and cities of opportunity? what we have found is that if that family is moved into safe, clean affordable housing,
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huhh... i guess this party's over. geico. fifteen minutes could save you fifteen percent or more on car insurance. who is to blame for a 17-year-old's drunk driving death? police say she was far too drunk to drive and left a party. her friends knew it. at first they stepped in to drive. but ultimately they all dropped each other off and then they let jane head on home all by herself despite her condition. they barely made it a half mile before she crashed into a tree and was killed. now two of her friends are charged with reckless endangerment. i want to bring in paul callan and criminal defense attorney and former prosecutor. here is what i don't get. is it my responsibility to stop people from doing something like this? this sounds like it's a big
precedent. >> law don't require you to stop somebody from doing it, but it doesn't permit you to aid and abet them no doing it. and the charge here is that essentially a 16-year-old boy what's an suv to a very drunk 17-year-old girl who went on to crash into a tree and kill herself. they're saying, you sort of aided and abetted in that will death by allowing this drunken person to drive a vehicle. and that's the essence of the charge here. >> obviously, there are facts in this case we don't know yet, and that is what transpired between the now victim, the girl who is dead and can't tell what happened, and the boy and the other boy, because two of them ultimately were the last drivers of the vehicle. they went and dropped one off and the driver got out himself and ultimately jane got behind the wheel. but unless they're cheering her on and saying go ahead, jane, drive home, you're fine. do you see reckless
endangerment? if they just passed the keys and said lock it up and then turned the other way and didn't see to it she didn't drive away. i'm assuming the cops can make a case they handed her the keys and said drive on your way. my problem with the case is the criminalization of childhood. the young boy who passed the keys to her is 16 years old. she's 17 years old. connecticut prosecutors are saying a 16-year-old has the responsibility to tell a 17-year-old not to drive? he's not the parent. he's not a legal guardian. if it was a parent or a guardian, okay, i would say responsible adult, maybe you have the basis of a criminal charge, but a 16-year-old who by the way was drinking himself. he didn't have the conscious disregard of a substantial risk that's required under the statute. >> if that's your point, then should we ever be charging a teenager with an adult crime? because ultimately, what we're saying as a society, if we're
going to charge you as an adult for that murder, we believe you have all the capacity to, you know, to come up with a crime, the basis of mens rea. how is this different? >> i think that's a fair question. the kind of crimes we charge as adults are intentional felonies. you take a gun and deliberately kill somebody. >> drinking and driving is never intentional. it's just stupidity, reckless stupidity. >> this is a judgment call. and these 16-year-old kids think they're immortal. this 16-year-old is not thinking she's drunk, she might hurt herself. she's thinking i drove, why can't she. she's 17. she should know better than me. >> they prosecuted. they've charged these two kids. whether you think that's right or wrong, are the prosecutors going to prevail here? >> i think they'll have a real uphill battle. it's being tried in juvenile court. so the penalties are limited. these are misdemeanor charges. prosecutors are trying to send a
message, and i agree with this don't drink and drive because somebody's going to die. but proving this case, have he very difficult. how do you prove that he had responsibility over her? and that he should be held criminally responsible? >> sometimes these are the only kinds of messages that teenagers hear. you can talk till you're blue in the face at the high school gym about the dangers of drinking and driving and until this happens, sometimes that's the only message. at least we're talking about it. >> that's the argument prosecutors make. everybody in connecticut is going to know about this case and across the united states. >> now it's on cnm. paul callan, appreciate it. saturday, speaking of connecticut, it's marking a very difficult time for not only people in connecticut, this whole new york area, across the country. it's the one-year anniversary of that nightmare in newtown, connecticut. today the town leaders have come forward with a very big request. and you're going to want to hear it when we come back.
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officials in newtown, connecticut, are holding what they call an open discussion this hour about the upcoming anniversary of the sandy hook massacre. it's coming up this saturday. cnn's poppy harlow joins me live now with some details. this meeting, it's kind of unusual. this is a full-court request of
the media to back off. >> absolutely. they said at the beginning of this press conference, the officials from newtown, we've never done this before. the message coming from the first select mann, the mayor, the police chief, the superintendent of schools is, please let us heal in our own way. lease let us get through this on our own at our pace on the one-year anniversary, which is saturday, december 14th. you were up there covering it, ashleigh. i was up there. it is tragic every time i go back, it is so sad. they're saying let us do it ourselves. i want you to listen to why they are asking the media to stay away. >> well, it's not personal. but we truly are hoping we have provided enough opportunity with the print media and the tv media and particularly the local media to answer questions and give the media the story that i know that the world's going to want to hear on the first anniversary. we're hoping when you leave here today at 12:00 noon or whenever
you leave our community, that you have what you need to satisfy your producers. so that when we say to you, please don't come, i mean, please respect our need to be alone and to be quiet and have that personal time to continue on our journey of grief in the way that serves us. >> and she said we think you as the media can cover the story from where you are. you don't need to be here. she also said you haven't hurt us. we're just asking for time and space to heal. cnn as an organization has made the decision to stay away from newtown. we're not going to be there on saturday. >> we're going to cover the story but not from there. >> we only have a couple seconds there. but it can't have helped newtown has come out of a protracted long battle over the 911 tapes. >> it was a battle against media. that did not come up in the news conference. beautiful things were said, the leader of the newtown congregational church said we
are cracked, but there is light coming through the cracks and there are beautiful things happening. >> the world is indeed mourning and watching along with them. >> it's right to give them their space. >> thank you, poppy harlow. and thanks for watching. i'm out of time. but "around the world" starts next with suzanne malveaux and next with suzanne malveaux and michael holmes. -- captions by vitac -- www.vitac.com leaders from around the world are arriving in south africa, including four u.s. presidents and more than 90 heads of state as the nation prepares to honor the life nelson mandela. >> oh, boy. falling ice in texas, of all places. crashing into parked cars. thankfully not people. severe weather continues right across the country. and soccer fans turning violent in brazil, causing police to use tear gas and rubb