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tv   CNN Newsroom With Fredricka Whitfield  CNN  September 5, 2015 8:00am-9:01am PDT

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it was an unnecessary apology. we've had a good friendship and continue to have a good friendship long after we play. i really didn't give it a whole lot of attention. >> you can see more of rachel's interview on cnn football preview. that's tomorrow at 3:30 eastern right here on cnn. >> so cool. thank you for keeping us company today. make some great memories. >> much more ahead in cnn newsroom. let's turn it over to martin savidge. >> i'm in for fredricka whitfield who has the day off. newsroom starts now. investigators are examining what they call a significant piece of evidence at the scene where a police officer was shot and killed this week and they say that they are close to identifying the suspects. so far police in illinois aren't giving any details about the
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evidence except that it was located by a person. we're also learning that there's video evidence from several sources and that is now being combed through by several law enforcement agencies and they are looking for even if. two white and one black. they believe that they are connected to the shooting of lieutenant joe. rosa, police say they are close to identifying the suspects. what do we know? >> reporter: people in this community, martin, are desperate for a better description of these suspects because right now all we have is a very vague description, two white males and a black male. now that description comes from the last radio exchange between the lieutenant and dispatch. so authorities are hoping that these videos that you were talking about gives them a better picture of the suspects. now, we know they have video before and after the crime.
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they don't have video of the actual crime scene when the crime was happening so it's going take a lot of police work. right now those videos in the hands of the fbi. they are creating a video sequence, trying to piece it all together. knowing that the main piece of that puzzle is still missing because they didn't have video of the actual crime. now, again, it's very vague at this particular time who they are looking for or what they are looking for but this community, marty, desperate for better direction for a picture of these cop killers. >> rosa, i'm wondering it's a holiday weekend. ate resort town. are people fearful? >> reporter: thousands of people are expected to descend on this community this weekend. let me tell you something, there's a lot of summer homes here and so police are prepping for this. they are expecting people to come in to their homes for the first time after weeks, perhaps months. and so they know that people
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could come into these homes or even their boats and could see something suspicious so authorities have agents ready to respond just in case there's a tip this weekend. >> let's hope they get a big break through. thank you very much. jonathan gilliam joins me a former fbi special agent and former airbase marshal. if this video is out there why would they not or why are they waiting to release it? >> that's a good question. i think that, you know, honestly i don't want to criticize these investigators too much but i would like to have known at least that the investigators looked at these videos before they sent them off to the fbi crime lab. the crime lab, though, is really good at getting these back in sequential order and handing them back to the city. but the reality is if this is
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the only piece of evidence that they have, they need to get this turned around as fast as possible because of the imminent weekend that's now here with all these people that are going to be here and the fact, really, to tell you, martin, that is thousands and how thousands of . >> there's so few clues to go on. how do you mount this search? >> i tell you, searching door-to-door is going to be, you know, somewhat useful because they can clear areas and know that nobody is there. but the reality is, i think, you know, querying sources, anybody who does anything wrong, steal copper from industrial areas, people who may have had warrant,
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anybody that sees anything a little bit strange or talks to somebody, i have a feeling that the potential is one of these people shot the cop and then yet two other guys that maybe didn't and they are going to come out and try to get a lawyer and cut a deal. that would be the best case scenario for everybody. >> police say that they found the officer's gun near the scene and that it had been fired. >> right. >> but aren't we saying that -- we don't know who fired it. i'm wondering, obviously, with your law enforcement background does that tell you something about what happened that morning? >> well, i mean until we get the ballistics on the body we won't be able to tell if he was actually shot with his own weapon. but, unfortunately, this happens. i mean there are a number of officers killed in the line of duty that are shot with their own weapon because they are overpowered. i really would like to see some of the things we do in the military taken over to law
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enforcement like wearing lineyards that attach our ethiopia our body so people can't run with them. one thing about the weapon itself you would be very surprised how difficult it is to get a fingerprint off a gun. unfortunately, i don't know if they are going get one. they might be able to get some dna off of there but that might be it. >> thank you very much. as always we're hopeful they will get a break very soon. all right. ahead, a defiant kentucky clerk still in jail for refusing to issue same-sex marriage license. now she says the licenses that are being issued aren't valid. plus this story. thousands of refugees that walked hundreds of miles are arriving in austria. what happens to them now? we'll talk about that next. jublia is a prescription medicine proven to treat toenail fungus.
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welcome back. we want to bring you up to speed on you were to stories. salmonella outbreak linked to cucumbers. hundreds have been sickened in 26 states. arizona hardest hit. children and elderly are vulnerable. last person in the hazing death of florida a a&m university drum major that's robert champion has been sentenced. caleb jackson was given four years for his role. he'll be out in less than a year because of more than three years credit for time already served. champion collapsed and died in orlando in november of 2011 after being beaten during a hazing ritual on a bus. then new england patriots
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quarterback tom brady went on facebook in his first response to the judge's ruling throwing out his four game suspension. the legal levelled that punishment for his role in deflate gate. brady said he was sorry the league had to endure this adding to a large degree we have all lost. he thanked the judge and his fans for sticking by him as well as his teammates and other players all around the league. kentucky clerk kim davis sitting in a jail cell today still refusing to issue marriage licenses to same-sex couples. the deputy clerks now issuing licenses but without davis' signature her attorney says those licenses are void. >> what the issue here is she cannot issue a same-sex marriage license under her name and under her authority to authorize a marriage that is contrary to her christian conviction. so she's asked for a simple accommodation and that accomodation has been requested by the other clerks of kentucky,
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many of them, in fact a majority of them and that's remove their names and their authority from the certificate. so that it doesn't come from the authority and under the name of the clerk. >> a simple accommodation. it hardly seems like that. let's talk about this. joining me now cnn commentate mel robins and criminal defense attorney danny savalos. >> what about the marriage licenses deputy clerks are giving out her attorney saying quote they are not worth the paper they are written on. so would they hold up if she doesn't approve them? >> of course they are going to hold up, martin. good afternoon to both of you guys. i actually think it's really great in some regard that this case has dome light because the issues are so clear cut, martin. when she was elected as an official, she became an agent of the government. they pay her, i read this morning $80,000 a year to be the
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county clerk. when you're an agent of the government, you have a job to do. and her job is to issue licenses. and the mere fact she has a personal objection to those licenses do not deem them invalid. i'm sure there have been policemen of couples that marched into rowan county whether perhaps getting married for the fifth or sixth time or too young or maybe she doesn't think they belong together where she personally had an opinion that they shouldn't be getting married. but her opinion has no bearing on whether or not the certificate that's issued by the government under her office is valid or not, martin. >> davis' husband said she's willing to sit in jail until the state allows theory keep her name off the license. can she do that >> that's an open question in many jurisdictions. she's being held not on a criminal charge but a civil contempt order for failure to follow a valid court order which is something people are jailed
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for across this country all the time. often without due process or really even a hearing and the idea behind the judge being able to hold them sometimes indefinitely is that a contender, somebody who is in contempt hold the does their own jail cell. they can pay some amount owed or in this case start doing what the court order told her to do. so the issue of how long contenders can be held in jail is an open one. in federal court it's capped at 18 months. many other jurisdictions it's all over the place. people often spend years on contempt cases without having been charged with or convicted of a crime. >> so mel, what happens next? what do you see legally taking place here? >> you know, she's becoming somewhat of a celebrity. and one of the things that i find astonishing -- seriously. here's the thing that's so fascinating to me.
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your personal beliefs are covered by the first amendment. if you're in did and you're the county clerk and don't eat meat they can't force you to eat meat at the picnic for the office. however your personal beliefs cannot interfere with you being an agent of the government and doing your job. there's a very simple solution. she can resign if she's unable and unwilling to act in her capacity as an act of the government. that is fully within her power. or she can also step aside martin as the judge requested and not interfere with tissuing of licenses. so i personally think the ball is in her court. she can stay there indefinitely. as we also heard we have jindal, huckabee talking about going to visit her. this is absolutely nuts. you got people running for president who are turning her into a champion when she is breaking the law of the land. and so i think she's going sit in that jail as long as the cameras are outside and
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presidential contenders are lining up to visit her. >> and the media comes to talk to her. danny, what do you think is the end result? what's the end game? >> the end result is almost certainly kim davis lose. let's look at her establishment clause claim, the claim that the government is forcing her to do something in violation of her religious beliefs. a court already decided that the order by the governor to issue same-sex marriage licenses was neutral as to religion. it is. it basically just says start issuing these licenses. it does not say don't issue to this religion or it doesn't disparage any religion at all. so for that reason her establishment clause claim, her religious objection will ultimately fail in court, although morally at least to herself she feels that it is a valid reason. it's highly unlikely that any court will ever on reviewing this find that her religious expression is being violated.
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>> mel i don't often agree with you but i have to say on this one -- >> what about me. >> danny i'm with you about 50% of the time. it's great to see you both. thank you for adding to the conversation this morning. we'll talk to you again. coming up thousands of people fleeing war-torn syria. they are arriving in austria. the dangerous trek they are making that could end in more heartache. we'll take you there live. ike basketball hall of famer dominique wilkins... ...are taking charge of their type 2 diabetes... ...with non-insulin victoza®. for a while, i took a pill to lower my blood sugar. but it didn't get me to my goal. so i asked my doctor about victoza®. he said victoza® works differently than pills. and comes in a pen. victoza® is proven to lower blood sugar and a1c. it's taken once a day, any time. victoza® is not for weight loss, but it may help you lose some weight. victoza® is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes
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let's go overseas now where thousands of refugees some fleeing war-torn countries have arrived at the austrian border. families walked up to nine hours on a highway from budapest on friday. they began this trek after the hungarian government stopped a train bound for austrian. overnight the government deployed a fleet of buses to take the home the border. the exodus of refugees is expected to continue. the united nations is desperate to find a solution. the u.s. will take in at least 3,000 syrian refugees by tend of this month according to the state department spokesman. joining me now is cnn's reporter who is at the border where refugees continue to arrive. is the austrian government providing nischelle terrify or supplies for these refugees?
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>> reporter: they certainly are. it's a heartening scene. i'm seeing a bus that came directly from the border between austria and hungary just now with people getting off. it's a heartening scene. what happened when the people here in this austrian town of nickelsdorf found out that a lot of refugees would be coming here, there was a massive donation drive. right now a huge amount of food and clothing being donated. huge amount of medical facilities that they have here. the interesting thing is every time one of these buses with these refugees arrive, the lollipop allocation of which the town of nickelsdorf start applauding them and welcome them when they come off the buses. one of the thing that i think is most important to these people that made such a treacherous, horrible journey in many cases, for them to come down here and find people who welcome them with a smile wheern there for them. that's really what temple in
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this austria town are trying to do. then they try to put them on trains as fast as possible. many people want to continue to other parts of austria but want to go on the germany. >> that's the next question. why germany? what is it that's the strong appeal for them to get to germany? >> reporter: you know, i think for several explanations for that. a lot of people obviously heard a lot about germany. they heard about german cars even if they were from sir area they heard about the very big germany economy. many people have a favorable opinion of germany to begin with. then whole political situation that's been unfolding here in the european union where you had some countries who have been very restrictive on the amount of refugees they allow in. other countries have seen this more as a humanitarian issue. certainly some of the remarks that the german chancellor made,
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angela merkel said no syrian in germany would be sent back. that's cause ad lot of people to want to dome germany. so it's an economic situation on one hand, favorable opinion on the other. also they believe they have a chance to actually stay in germany and start a new life there and that's one thing that really causes a lot of them want to to come there and been allowing germany over the past couple of days in munich and other places and the facilities there to welcome the refugees really are very, very good. >> why is germany doing this? >> reporter: well, i think there's a real change in public opinion. interesting you asked that question. i think the public opinion in germany has shift ad great deal. when this whole crisis began, the government in germany and angela merkel were criticized for not acting fast enough. then what you had, you had some
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demonstrations against refugees, you had some very nasty torching of asylums seeking shelters. and a majority of the pop laying was disgusted with that and protested against that and there was a wave of solidarity with the migrants that were coming. many people say it was angela merkel explaining all this to the politicians but it seems to me more like it was the german population that was making angela merkel change her stance and really become more welcoming to these refugees. you saw it at the soccer stadium and many other places that people are really friendly and welcoming to the refugees coming to that country. >> that's why it's good to have you there, fred to get that kind of insight. thank you very much. in jordan another country that's trying assist in this refugee crisis more than 200,000 syrians stopped receiving food vouchers from the world program. their funding has run out. text messages were sent to all
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recipients. program said in a statement while donors gave unprecedented amounts of the extent of this refugee crisis is just unlike any other. in other words, not enough money for too many people. and the young syrian boy who has become the symbolic face of the refugee crisis in europe was laid to rest yesterday. we'll warn you that the image you're about to see is very disturbing. 2-year-old boy was found face down on a turkish beach. he drowned at sea while crossing the mediterranean with his family. yesterday his body was brought back to his native home of kobani, syria where he was buried with his older brother and his mother. for a list of ways that you can help those who have been affected by this crisis visit our website cnn.com/impact.
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newsroom. >> you know i was not thinking a lot. >> that was hillary clinton's attempt at clearing the air about the private e-mail server. i'm not sure that's going to help her campaign. we'll talk about it. then this. the wing. it's officially from mh-370 that so why did it take investigators this long to finally connect the two? does this really help us try solve the mystery of what happened? and then a reason to drops from the sky disrupting a tennis match at the u.s. open. how this wasn't the first time an illegal flying device crashed at a sporting event. what's being done about it. good morning. thanks for joining me. i'm martin savidge in for when it. hillary clinton stumping for votes in new hampshire. you're looking now at live pictures from portsmith. you would have. here it is.
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again it's her e-mail problem that seems to be making the headlines. a campaign aid say bill and hillary clinton paid a state department staffer to maintain the private e-mail server clinton used while secretary of state which was first reported by "the washington post". what do we know more about this? >> reporter: this is certainly a new and interesting wrinkle in the broader controversy. the chinn campaign confirming to cnn hillary and bill clinton did indeed pay out of their own pocket state department employee to set up, to install and maintain that private e-mail server. so this means that at the same time he was working at the state department he was working on the side for them and it certainly does speak, of course, the issue of control that really has been at the epicenter of this controversy because it is such an unusual set up there.
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now the aid indicated he'll plead the fifth when he's called before capitol hill to testify over his involvement in this private e-mail server and comes also as clinton has been out in more defense, defending her use of the server saying she believes there was nothing wrong with it, that certainly she wouldn't have done it the same but saying that she did not necessarily believe that at the time and she certainly said this in the interview that no one flagged this as a concern. here's what she said yesterday in an interview with nbc. >> you know, i was not thinking a lot when i got in. there was so much work to be done opinion we had so many problems around the world. i didn't really stop and think what kind of e-mail system will there be. >> this certainly follows her here to new hampshire this controversy. so today she really will try to change the subject not only away from her e-mails but take
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attention away from bernie sanders. so today she will try to reset and restill some of the attention. >> thank you very much. we'll monitor that clinton event and we'll bring you the very latest throughout the day on cnn. let's bring in our political panel to talk about this. joining me a democratic strategist and republican strategist. let's listen first to a bit of what clinton said about her e-mail practices. she declined to apologize but said that she is sorry for what she called the confusion about them. let's listen. >> i am sorry that this has been confusing to people and has raised a lot of questions, but there are answers to all these questions and i will continue to provide those answers, and those answers have been confirmed and affirmed by the state department and by other government officials and eventually i'll
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get to testify in public and i'm sure it will be a long and grueling time there but all the questions will be answered and i take responsibility and it wasn't the best choice. >> seems to be just a drip, drip, drip of bad news for her campaign and i'm wondering is it possible she can move past it? can she get beyond this? >> it will be tough. she can spend all the money she wants on ad in iowa and new hampshire but the problem here we have an empathy gap in the democratic party. bernie sanders doesn't that have money she has, who is using social media and his own form of organizing to gain this momentum and she has all the money but missing the one thing that the democratic party needs and that's leadership. she's missing. at every interview she has is an opportunity for her to connect with people to appear more human, to say you know what it was a bad decision i don't think we broke any laws. we know this was okay. she can defend all the lawyerly
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stuff and still appear human. right now she's just being defensive. i think part of that problem as we saw in her emails is she's surrounded by people who just agree with her. this is yes ma'am syndrome here. that's how a small bad idea can grow into a catastrophic idea. >> clinton was the on benghazi in october. how much of a distraction will that be. to me that seems it will be a huge opportunity for republicans to really begin to nail her on trustworthiness. >> that's a great question. i tell you where there's smoke there's fire. this hillary clinton e-mail scandal is a 12 alarm blaze without question. secretary clinton was aware of the rules that govern emails in the state department because those rules have been in place since 2005. in addition to that there's training that goes on for state department employees who come in, that are either hired or
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appointed and obviously she didn't follow those rules. the benghazi committee which is led by staff director has found out a number of different elements with regard to the scandal. many issues that the clinton campaign has denied right "outfront". what people aren't mentioning when it comes to these government agencies like the justice department or benghazi committee they inform the clinton campaign ahead of time before they make their revelations available and then hillary clinton goes out and says hey, i just want to tell the american people that i made x, y mistakes when she's being dishonest because she knew this information beforehand she wanted to get out there before these things came to light. this will be extremely distraction for her campaign and i agree that given the fact that she hasn't been honest and it appears as though she will don't run her campaign this way will allow other contenders like senator bernie sanders as well as joe biden if he chooses to
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announce which i believe he will to get out there and really take the limelight because people are not trusting her at this point. >> it never helps when you got an aide or former associate who says they are going to take the fifth. and that's what has come forward now and that's what's stick in people's minds. >> this is also why hillary's campaign is frustrated because i don't like to use this overused term but it's the optics, it's how it looks. he has every right to plead the fifth. he might have made the right decision. this is an i.t. guy. not a campaign strategist. again, he wasn't the guy making the big decisions. the clinton campaign should be frustrated because he might go before the committee and answer things and fully abide by the law. but he's ruining his life having to go before the committee, his future and doesn't look good for the clinton campaign. >> one thing -- >> make it quick.
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>> there was an ambassador, an ambassador to kenya who got pushed out of the state department for the exact same issue that clinton is being accused of. so that's a double standard in and of itself. >> it was a pleasure. thank you very much. we'll be talking about this again. so we'll continue after a while. let's move on now. just a reminder that cnn is hosting the next presidential debate. the top republican candidate will face off september 16th. in october cnn will host the first department debates. stick with cnn for the very latest on the race for the house. as i said a lot still to come.
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>> french investigators made it official a piece of a plane was found on an island in the indian ocean is from the malaysia missing airline. a part of the airplane wing that's called a flaperon found in july is from mh-370. shortly after the part was found officials said it was from the plane. i was to bring in mary schiavo. after this part was found on the shore we had malaysian officials weighing in. it took the french a number of weeks to finally come forward and apparently talked to spanish investigators they were brought in and they have now determined it is from the aircraft which i think we all actually almost believed with certainty that they can say so now apparently through documents.
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leapt me ask you this, mary, i'm confused. who is in charge of figuring out what happened to this plane. >> that's an excellent question. who is in charge is the malaysian officials. they delegated the search to australians and people have been happy with their diligence and efforts but when the part washed up on shore of french territory then the french claimed they had authority to get into the investigation. they could have let the investigation remain with those already involved in the investigation but they used the fact that there were four citizens on board to then take control of at least this part of the investigation. they do have the right to do that. but it also means there's way too many cooks in this stew. >> let's look at the flaperon itself. does it give us any clues or tell us anything what may have happened? >> well, the answer is it can. i know it sounds a real legalese answer. it can.
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they did put the fiber optic inside the piece of the part and determined the serial number. that could have been done almost immediately. that equipment is on hand at almost every aviation crash lab. at this point having confirmed it now the really hard science can take over. they have a lot of places they can look for clues just on that small flaperon, the marine life to identify if it's possible what part of the indian ocean it really was in for so many months, for a year and a half. they can look at that part with now testing, they can look for any patterns of scratches or things that might have happened to it on its way down or in the crash sequence they can analyze it for explosives, fire, et cetera and they really will have to comb every square micron of it because it's all that they have. >> the fact that the flaperon is the only piece we know of so far does that suggest to you any kind of scenario? >> well, it can.
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again, i hate to hedge my words so carefully but because the flaperon is a part that could have become detached in the crash sequence as it was coming to earth, there could have been a lot of stresses put on it and it had a directive, warning that the attachment points on this particular flaperon were weak. it was attached with an accuator ble and in the united states it had to be replaced. those laws don't apply to malaysia. it could have come off in that way. they can analyze that better. trailing edge was very beat up. that could have happened in the ocean. the attachment point could give it a through to see if it came off as it was rashing to the earth. >> some suggested the fact you have this relatively large piece, over six feet it was a soft landing on water not necessarily survivable. do you buy into that? >> not necessarily, no. i think if they look and once they start doing this and
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remember the french investigations can be very slow, the bea is well qualified but some of their investigations take three years, ten years. the concord investigation took about ten years before it was finally went to court. so it can be a long haul but the attachment points might be the clue as to what they find, if they can find anything left, any evidence left after this long in the water and also if they are fortunate enough to find anything else amiss on that part any kind of residue at hall, pinning, scorching that might help as well. >> mary schiavo, i can talk to you all day about this. unfortunately they won't let me. thank you. we'll continue another time. drama and expense during the u.s. open. we're talking about another flying object this time a drone that disrupt as tennis match. but would you believe this isn't the first time a drone got too close to a major sporting event? running my own shop has been brutal. but then i got a domain and built
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the world's top tennis player is one step closer to grand slam history. >> williams competed with sam's on friday's u.s. open and not first of losing the first set. sunday williams takes on americans madison keys. the 33-year-old hopes to become the first tennis player in 27 years to win all four grand slam tournaments in the very same season. okay. meantime another type of action off the court caused a disruption this week. a drone hovering above crashed into the stands. besides causing a stir it's once
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again raising questions of limits and safety. we get more now from cnn. >> reporter: a u.s. open match came to a sudden haltment the action interpreted with a crash. >> seems if that fell from somewhere. >> broadcasters confused as security and police race to the stands. >> we have a moment here where we're not certain as to what it is that landed in the stands where it fell from above or left from behind, a projectile or a drone like device. >> reporter: it was a small black drone that crashed into an empty section of seats. >> they're doing this at airports and sports events. likely there was not a hay saturday. >> reporter: he flew the drone from outside the arena and
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arrested on charges including reckless endangerment and reckless operation of a drone. after a short delay, the match continued. >> wow. this is not the first time a drone has gotten to close to a major sporting event. in 2013 this drone hit a crash of pespectators at the running the bulls event at the virginia park. >> it just hit a dude in the face. this disrupted a soccer match. the u.s. open is just minutes away from the airport. one of the many airports around the nation that have seen a spike in close encounters between planes and drones. >> look at that guy approximate. >> yeah, we were on the final one about 800 or 900 feet and the altitude 100 feet below his was a drone. >> what happens when they put a
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substance on the drone or contaminant or god help us ex employees zblif the latest scare is another example in keeping the technology out of restricted air space. >> well, no one was injury in this latest incident, but there was a similar incident in 1979. a model aircraft plunged into the stands. one person was killed. that's the worse case scenario. law enforcement try to go get a handle on this technology want to avoid. rene marsh cnn washington. how one person shrining lasers at airplanes was tracked down and arrested. then narrowing in on el chapo. how the drug lord that's on the run may have been spotted. across america, people... ...are taking charge of their type 2 diabetes... ...with non-insulin victoza®. for a while, i took a pill to lower my blood sugar.
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in louisiana a local high school football player died from injuries playing in a game last night. according to the coroners office he died shortly after being transported to the medical center. the school tweeted this. he will live on in the memory of those that loved him. prayers for his family. and in arizona access to the river raft launch near glenn canyon remains closed today. an estimated 500 pound rock slab is loss and can fall from the wall to the river below. they're working with rock scaling crews to install bolts to hold that in place. good idea. ♪ happening now in the news room. a growing crisis in europe. families walking for hours trying to reach safety after buses and trains are stopped.
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the question to the world, where are you? did escape drug kingpin el chapo give away his hiding. a clerk say that is she will stay in jail as long as it takes after refusing to issue same-sex marriage license. i have someone who you supports here. what happens next? you're live in the cnn news room. ♪ hello and thanks for joining me. i am martin. we begin in europe where some have arrived at the australia border. they began this trip after the hung

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