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after the disastrous voyage of the carnival "triumph." the cruise line just issued a statement. let me read part of it to you. yesterday during regularly scheduled testing of the ship's emergency diesel generator, a malfunction occurred. at no time did the ship lose power and the ship's propulsion systemses and primary power source was not impacted. the ship is at dock in st. maarten. all guests are safe and comfortable. there were periodic interruptions to elevators and restroom services for a few hours last night. however, all hotel systems are functioning normally. they have been functional since about 12:30 a.m. some of the reports from the cruise ship were a little bit different. human waste on the floor. you have heard the story before. these are the reports coming out from the docks at st. maarten. we'll continue to follow the

story. we have an interview with kris martin who not only is a journalist but also happens to be vacationing with his family on the ship. by the way, carnival cruise ship, we should mention, does plan to fly every passenger home. they said they are going to do so by private flights and some of the commercial flights as well. private charter flights. clearly they are in damage control mode. i can tell you they said not only will they fly everybody home but they will receive a refund equivalent to three days of the voyage and 50% off a future cruise. there is big news in rome. it's 4:00 p.m. there. the first full day of a big job for a new guy. this is a papacy that's already marked by firsts. the first pope francis who is also the first latin american pope and the first jesuit pope began with a visit to the roman church of st. mary major. he's going to celebrate

something bigger. a mass with the cardinals who picked him out of all of their ranks less than 24 hours earlier. there you go. the pope hard at work. a miguel marguez joins me. there were somewhere between 100,000 and 200,000 people all buzzing around st. peter's square. i'm curious if they just am-scrayed the minute they got the announcement or if there is energy in the air there. >> it was rainy and cold. it's gotten cold again today. it is business as usual at the vatican city today with a lot of tours going on across the area there. into the basilica. i want to show you some newspapers which rome is buzzing about the bishop. certainly the pope. grazie roma the pope said to the crowd thanking them for coming.

he was almost sheepish. even the newspapers in italy are so beautiful. look at this. in latin. i would not do well with it. it's a lovely keepsake. people are very excited about the new pope here. a ashleigh. >> timothy dolan from new york was considered a bit of a long shot. he made comments this morning, in fact, to chris cuomo about the humility of the pope. i want to play it for you and ask about something specific we just found out about the new pope and one of his first big moves that showed humility. listen to cardinal dolan. >> we heard. we didn't know it because we're locked up but it was pouring down rain. there was a big crowd in the square. he said you're going to be around, right? they said, yes, holy father,

we're with you for life. he said, good, i'll talk to you afterwards. i don't want to keep the folks waiting. let's get out there. >> i like that. you're going to be around, right? we heard yesterday it turns out they had a big fancy car all set out for the new pope to be ferried back to where he was staying. he chose to get on the bus. >> this is also a guy who took the subway in buenos aires where he's from. this is somebody who everybody we spoke to last night, there were a lot of argentinians in the crowd who said, look, this is a guy who takes the subway and goes there. he's not a formal guy. he's a guy with a sense of humor. he wore a simple iron cross rather than gold or jewels. it was all white. not a lot of adornment on the garments he wore. they had dinner after the scene

on the balcony. at the end he told his 114 electors, you know, god help you for what you have done. that is, electing him pope. this is a guy who is very humble. it was sweet when he came back on the balcony insisting people -- sheepishly thanking people for coming and saying, safe travels home and sleep well. i think he felt bad there were so many people out there. it was an amazing evening to be on the square. >> it's great to hear the small nuggets of what are now important moments in a man's life and are telling about who the new leader is. miguel marquez. thank you. i want to take us back right away to st. maarten. joining me on the phone is kris anderson on carnival cruise ship "dream" with his wife and sons.

this is supposed to be a great vacation from his job as anchor in memphis. we heard the cruise line offered to fly you all home. what are the conditions like on this ship? >> i can tell you there are worse places to be stuck than at the port in st. maarten. it's gorgeous out. that is a silver lining. what we are hearing is basically what i heard you say about the damage control and the compensation. they haven't presented us with with the information yet. we are still waiting. they said we'll have our information on charter flights back to the orlando airport sometime tomorrow or later today. we are just waiting for the next step to be logistically how they will fly 4,000-plus passengers back to the orlando airport. then charter bus, take us back to port canaveral. >> as you look at the pictures you see how massive the ships are. you mentioned 4,000 some odd

passengers who need to be ferried. while some of the passengers may have reported seeing human waste on the floor of their state room lavatory, others may know nothing about it. they may be out enjoying the pool and the great outdoors like you are. how many people know there are problems on board? >> how many know there are problems? they have been good about making announcements yesterday. they were good about keeping us updated to situations they were going to shut down the elevators and they would give us five, ten-minute warnings. don't use the elevators for a few minutes. i heard reports of power outages. i didn't experience it. i spoke with people up to 3:00, 4:00 in the morning. they never saw power outages. the toilets were off for some time. the b problem people might be having with the toilets backing up is if you keep flushing repeatedly the water keeps coming up. if you see it's not working, close the lid and forget it you won't be in trouble.

they were out of service for several hours. ours started working around 8:00 this morning. >> we should mention some of the reports came in saying no passengers were allowed off as this was happening and the cruise ship said they thought they could lick the problem quickly. didn't want passengers all over st. maarten. >> they said it started that we haven't left port yet. we have a minor issue. that progressed until 10:00 last night. said it was complicated. they will let us off the ship today. they will let us get back to st. maarten. as they figure out the logistics of flying us back home. >> lucky this didn't happen while you were out in the virgin islands and needed a tow back in. i'm sorry your vacation was cut short. enjoy st. maarten. kris anderson. top stories now. the chief of the

transportation security administration is expected to be grilled by lawmakers today over the tsa decision to allow small knives on planes again. if case you are wondering what happens to the knives and the other loot seized like spears and marble rolling pins, believe it or not, much of it is sold at government surplus stores. the fbi is announcing a new addition to the agency's ten most wanted list today. his name is edwin garcia. he's wanted in the murder of a 69-year-old man in denver, colorado, and has connections to a violent international gang. honda announces a worldwide recall over apparently a brake defect. the cars can suddenly -- the defects can kick in even when the driver isn't applying pressure to the brakes. the acura rl, mdx and the honda odyssey and pilot. 2005 and 2006 models are

affected. that's a lot of cars. nearly 250,000 vehicles in all. 183,000 vehicles are here in the united states. but the good news is there have been no crashes reported so far related to this. big reminder to you. this guy, jake tapper's new program "the lead" is getting under way on monday afternoon at 4:00 p.m. he's a bright guy, a great guy. the show promises to be terrific. jodi arias's 18th day of twisted testimony coming to a dramatic end. did i say fireworks? guns? we're all over it next. this is so sick! i can't believe your mom let you take her car out. this is awesome! whoooo! you're crazy. go faster! go faster! go faster! go faster! no! stop...stop... (mom) i raised my son to be careful... hi, sweetie. hi, mom.

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...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. for defendants it was an unprecedented amount of time on the witness stand. 18 days. that's how long jodi arias spent up there trying to show that she killed her boyfriend travis alexander admittedly but in self-defense. and the jury, you can say they weren't buying this. certainly by the end. we know because of a lot of the questions they asked. they asked her something like why should we believe you when you have lied so much already.

she had an answer for everything though. she finished up yesterday. there were real fireworks when the prosecution got ahold of her, tearing into her about, you guessed it, all of the lies she told before and during the case. join us are ted rowland and beth karas from trutv. she's finally off the stand and didn't go without fireworks from the prosecutor. what was that about? >> well, frustration. as you said she has an answer for everything. she's very good, very quick on her feet, very intelligent. but the prosecutor says basically all she's talking about is a lie. it's frustrating. it has been frustrating. yesterday it erupted on a couple different times when he's trying to get to her and basically tell her that her story doesn't make sense. take a listen. >> started to come in after the gunshot after i got up and he threatened my life. i have no clear memory after that. >> and that's when the memory

issue started, correct? right? >> i would say that. >> actually, ma'am, the way you describe that, it's impossible for the killing to have happened in that manner, isn't it? >> objection. argumentative. >> no. that's just according to you. >> isn't it? >> no. it's not impossible. >> she doesn't give an inch. he's saying the way you have laid it out, it's impossible in terms of the -- whether she stabbed or shot him first. she sits there and answers every question confidently and sticks to her story. it will be interesting to see what the jury really thinks of these last 18 days. i think everybody is happy she's off the stand. >> she's probably happy, too. beth, you're a correspondent but you have spent a lot of time as a prosecutor in a courtroom. i have to ask you this. the order of whether this young man was stabbed or shot first and her version of it is perhaps

the most critical question in this case. not only for whether the jury decide ifs she's guilty but if they decide if she's condemned. why is that? >> there is an aggravating factor alleged in the case. you have to do it by law if you are seeking death in a case. the aggravating factor in the case is cruelty. it occurred in a particularly cruel manner and cruelty is defined as physical and mental anguish. that it was a drawn out death that he knew he was going to die. it's probably fair to argue based on the evidence in this case. there was a hearing a long time ago about this. and the order of the fayle tall wounds was reversed from what we heard. a judge determined it was cruel, but thinking the shot in the head was cruel but the defense said that's not the way the testimony came in at trial.

we believe it was false testimony that the aggravating factor is based on that got us to the trial level. and this is not a death penalty case because it was not physical or mental anguish. that she intended to shoot him first. >> ago her story is based on on shot him i don't remember anything else. i don't remember all that stabbing that i must have -- her whole story goes out the window if what he says is right. >> that's a problem, too, for her. she's saying she's defending herself against something she can't describe. by the way, this trial judge said regardless of the order of shots i find cruelty is enough to go to the jury. the jury will decide what they believe the order of the fatal wounds to be. she's in a fog. she can't explain the 29 knife wounds. five are defensive wounds on his hands. he clearly grabbed the blade.

the other 24 are her slashes and stabs. she admits she did it but can't explain any of that. >> she requires us to make huge leaps over every other strange issue she has to explain away. it could be troublesome for the jury. i have to stop it there. the case continues. ted and beth, thanks for your work in the courtroom. i want to tell the viewers you can watch the jodi arias trial this afternoon live on hln and streamed on cnn.com. a small up state new york town is struggling to return to normal. a standoff is now over and a man who went on a bizarre killing spree is now dead. but what happened? license and registration please. what's this? uhh, it's my geico insurance id card, sir. it's digital, uh, pretty cool right? maybe. you know why i pulled you over today? because i'm a pig driving a convertible?

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a dramatic end to a stand off between police and a man accused of killing four people in upstate new york. he's 64-year-old kurt myers shot dead by fbi agent this is morning when they entered a building where he was holed up since yesterday. deb, how did this go down? what happened? >> reporter: it was really fascinating. it appears the gunman was, in fact, laying in ambush. he set a trap. he knew police and fbi agents would come in after him. the way it played out is that it was not a random building he decideded to enter yesterday here on main street. he'd gone on his rampage, came straight here. parked his car in back of the abandoned hotel and went inside. he also fired shots out at police vehicles. he was well aware that the police knew he was inside that building. around 8:00 this morning fbi and

new york state tactical teams entered the building. they were with a k-9, german shepherd who entered the building at the same time. kurt myers unexpectedly opened fire at the dog, killing the dog. that's when the agents opened fire, killing him in return. it started and was over in moments. it really brought to conclusion the 15-hour stand-off which had this town on edge. the governor came here yesterday and told people, don't go out of your home if you don't need to. the area was cordoned off behind me. a lot of activity. agents really made the right call. federal agents, local state police made the call to pull back yesterday because they didn't know exactly what kurt myers was planning. they thought perhaps he was planning. they waited him out. they had flash bangs, gas, a robot to check out where he was. it was really a waiting game and a standoff. >> it's a good thing none of the

officers were killed in this. when a fbi dog or service dog dies that's considered an officer down. who was this man? anybody who knew him, what did they say about him? >> you know, that's what's amazing. what authorities know is he knew the town well. he had grown up a long time ago. he had a dui 40 years ago. no other criminal record. he wasn't known. he was a loner. he had no job. authorities did reach out to family. they had no idea why he would go to a barbershop and open fire, why he would go to a jiffy lube and open fire and end up in a hotel. whether it was to be death by cop which is drawing fire upon oneself, or to go out in a blaze of glory. there are forensic analysts on site processing the crime scene now. the body is still inside.

>> thank you, deb, for that. coming up, everybody wants to be wanted, unless it's by the police. if you're guilty, lie low. if not, speak up. if the police don't listen to you, well, you sue. we'll have that exact story and that man's real life frustration in a moment. [ female announcer ] new york strips. sudden trips. mr. wiggles and curling irons. for the little mishaps you feel, use neosporin to help you heal. it kills germs so you heal four days faster neosporin. also try neosporin eczema essentials.

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earlier in the program i introduced you to a new member of the fbi's most wanted. it's not that guy. that guy is not an fbi most wanted. he's not even wanted locally, but his name and photo turned up on the most wanted list in oakland, california. it was all a mistake in february of last year. >> a friend called me and said that i was on the news for a shooting. i was like, you know, this must be a practical joke. >> it wasn't. apparently when chau van tried

to clear up the big mistake he was arrested, tossed in jail and he stayed in jail for three days. they didn't take him off the most wanted list for six months. now van is suing in federal court. he claims he suffered, quote, embarrassment, depression, and shame. time to bring in two of the best in the business on this. tv judge and former juvenile court judge glenda hatchet and ryan smith from hln. i often look at cases like this and my first reaction is i think mr. van should bring a wheelbarrow for the must be he'll get on the suit. is that one of these cases? >> i think so. of course i think the city will say they are protected and couldn't be sued. this is such a gross injustice. i mean negligence to the first degree. after he's been thrown in jail for three days, they know he's not the person on the list.

but then for six months he's on this most wanted list. i hope he gets a huge judgment in this case. >> here is the other thing, ryan. not only did they make the mistake and put him in jail and leave him there they put out a press release just to grind the salt into his wound. like we got this dangerous criminal off the street. here's my question. he said emotional distress and lost employment. which of the two makes you more money? >> emotional distress. >> why? >> it can be exorbitant depending on what you have gone through, depending how you can prove how you have been advantaged in the public. he has a great case. do you know what i think will happen? a big settlement. >> i agree. >> they don't want to see it go to court. >> they'd lose, right? >> of course. of course. so settle and fast. >> they would be seen as incompetent. how can you do this for six months? >> that was my next question.

incompetence versus intentional actions. one is criminal. can you look for a criminal prosecution with in competencomr do they just get immunity because they are government people? >> immunity is the wild card. i think there is such incompetence and gross negligence that after three day s they knew he wasn't the most wanted person and they left him on for six months. not six hours. six months. i think he has a case of all of the above. >> once the size of the wheelbarrow is determined, ryan smith and glenda hatchett. thank you. don't go anywhere. i have more ahead. thousandses of conservatives are gathering outside washington, d.c. talking politics and what

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it's the biggest conservative bash of the year. thousas are taking part in cpac 2013 including big names like marco rubio, paul ryan, jeb bush, rand paul. one or all four of those men could end up fighting it out for

the republican presidential nomination in 2016. but this cpac better known as the conservative political action conference sometimes is described as part rally, part political revival, part family reunion. thank you for giving us that qualification. one thing they do is they have a vote. a straw poll of the big names in the republican party to see who is potentially up there in the big names for 2016. sarah palin, on it. won it way back in the day. jeb bush, not on it. jeb bush not on the list. one of the biggest names talked about. why. >> he would be formidable if he were to seek the republican national convention. he's promoting his new book on immigration. we are told from sources that he asked that his name not be on the straw poll. that was his basic decision though he's a major speaker there. we'll see who wins the straw

poll. it doesn't necessarily mean that whoever wins will get that republican presidential nomination. former congressman ron paul almost always used to do well in the cpac straw polls. he used to win the libertarian supporters. they would show up in big numbers and he would do well. last time around mitt romney did win the cpac straw poll. he went on to win the presidential nomination but lose the election. >> other names on the straw poll and there are the obvious ones and also the new guys like ted cruz. then chris christie is on this list of the ballot makers. but he wasn't invited. is there a disconnect here? >> it included other conservatives but they didn't invite arguably one of the most popular conservative leaders in the country. he has numbers in the 70s in a

democrat-leading skate like new jersey. for some reason he wasn't invited. i think probably because before the election he was nice to the president, grateful to the president for coming to new jersey, offering help for victimses of the super storm sandy and some of the other comments, some of the other positions he's taken. he's not necessarily in favor now. but he's spoken previously and will be back down the road because he's a strong republican candidate out there. although he was dissed in effect by cpac this year. >> thank you for that. big reminder as well for all of the political junkies and news junkies to watch the new show coming your way called "the lead" with jake tapper. it starts monday afternoon at 4:00 p.m. coming up, you know, sometimes you just can't resist video of a guy wrestling a shark. but then to find out he helped kids and lost his job for it. you have to see the video and

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sexual assaults each year in the military perhaps surprising that 56% of those victims are actually men. what happened at an overnight teen party last august has two star football players on trial in ohio today. you may remember it as the stubenville high school rape story. the men are accused of sexually assaulting a girl who was beyond oh intoxicated. prosecutors say the young men treated her, quite, like a toy. some of the alleged abuse was captured in cell phone image. some so graphic we can't show you them. poppy harlow recaps the first day of testimony. >> reporter: hi there. this rape case in the small town of stubenville, ohio, garnered national attention. as you know the first day of the trial has concluded.

the second day is now under way in this small town that is certainly in the national spotlight. on the first day the state called six witnesses, four of them teenagers who attended parties the night of the alleged rape. the prosecution saying the alleged victim, a 16-year-old girl, was too drunk to make decisions saying she was degraded, several times over. also saying she was, quote, treated like a toy by the two defendants. 17-year-old trent mays and 16-year-old maliq richmond. the defense says they are innocent. the state bears the burden of proof in this. they have to prove beyond a reasonable doubt that a this girl was raped by the boys. one of the witnesses testified saying the alleged victim, quote, got drunk extremely quickly that night, that they shared half a bottle of smirnoff vodka over the course of the

night. another witness talking about the infamous photo of the men holding the girl who was seemingly unconscious. a witness did say the girl was conscious at the time the photo was taken but she was drunk and could not lift her head. the defense has tried to poke holes in the witnesses' testimony. in multiple ways, but namely by saying the witnesses have reconstructed their memory of what happened because they have seen so much social media coverage and general media coverage of that night. also the defense saying that the alleged victim was not as in incapacitated or as drunk as the prosecution is making her out to be. those are the two main arguments by the defense. the alleged victim nor either of the t defendants have taken the stand yet. we could hear from the alleged victim at some point in court today. that's still to be seen.

>> poppy harlow covering this juvenile proceeding for us. i want to take you now to another case, one about a guy who was so stressed out that he went on medical leave from his job. this is what his medical leave looked like. he's frolicking in the water and rescuing kids from a shark attack. so you're his employer and you see the video. do you fire him? the story is coming up. estor. but that doesn't mean i don't want to make money. i love making money. i try to be smart with my investments. i also try to keep my costs down. what's your plan? ishares. low cost and tax efficient. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. great first gig! let's go!

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now here is what is never supposed to happen when you are skydiving. look at craig stapleton. he's made thousands of successful jumps. spinning and freefalling under a tangled chute is not one of the jumps he expected to make. his reserve shoot only made the tangle worse. his partner watched from a few thousand feet away. it was not craig stapleton's time. it turned out miraculously he landed in a ion vine yard with a dislocated shoulder. >> i completely lucked out. god watches out for idiots and puppy dogs. he just let me live and walk away. >> i know what you're thinking. stapleton will stay on the ground for a couple more days. he's probably going to jump again the weekend after next. you go, craig.

okay. this one comes from the awesome video, awesome legal story file. a guy at the beach with his wife sees a shark group of kids and the water, wrestles the shark, look at this. look at him. and he sends the shark away from the kids. grabbing it by the tail. this is really honorable. i think all of us would agree. but apparently he got fired because of it. turns out he and his wife were both on sick leave when this happened. and a tv crew that just happened to be shooting nearby caught the whole thing on camera. it made big headlines, went viral. his employer saw it. and then said, wait a minute, you're unfit to work but you're fit enough to wrestle a shark? and that is when he got the axe. i want to bring in hln's ryan smith and judge glen da hatchet on this one. first of all, let's talk about why he was on sick leave. it wasn't like he had a sore shoulder. he had doctors orders apparently after being diagnosed with stress. shouldn't you be going to the beaches of australia?

glenda, this doesn't sound fair? >> well, he's out of the country. he says though which i think is fascinating, look, my doctor ordered this vacation, but that's going to be a stretch. he's too sick to work but yet he's well enough to go and be on the beaches of australia. as a footnote i'm thrilled he helped these kids on the beach. it's a mitigator. >> i don't think so. legally i don't think so. >> okay. so, ryan, they work for a boys and girls club. both his wife and he work for the club. and the club wrote a letter saying this was a breakdown in trust which left them no alternative other than to fire both of these people. i have to return back to this notion that if you are stressed and if your treatment is get away from it all, what difference is that from i have a sore arm and i have to go to physical therapy. >> i'm sure along the line

somewhere has said this man needs work leave. nothing wrong with him going on a vacation at that point. if he happens to do something heroic on vacation, why does that matter? to me he had work-related stress so he was sent somewhere to take that time off. whatever he does doesn't matter. he has that ability to do that and i don't think this was right at all. >> i think if he had to get permission to leave the country, right? >> i assume he did. >> i don't think he did. so this happened in the uk. we can't even apply the good old united states jurisprudence of this case. we'll have to see what the brits do if at all they fight him on this one. take a break for a second, both of you. the government coming for your guns. this is a huge argument in this country. what if you're not supposed to have those guns anymore? should the government come for your guns? should you allow this to happen? who is doing this the most? going to find out in a moment. ♪

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several important developments to tell you about regarding gun control laws in the united states. a new york state supreme court judge has upheld the state's stricter new gun control laws. the judge refused to grant an injunction sought by supporters of the second amendment who argued that the legislation had been rushed into law. confined an appeal even though the supreme court, that's actually the lower court in new york. and in colorado the governor

says he will sign legislation passed yesterday that limits ammunition magazines to 15 bullets. that is half the size of this 30-round magazine on your screen. right now all across the country there are as many as 200,000 americans who have lost their right to have a handgun or even access to a handgun. most of them are convicted felons. but some of them have been deemed mentally ill. and others have restraining orders against them. here's the problem. many of these people obtained the guns legally before they became disqualified. so how do you take their guns away? should you be taking their guns away? and just what's legal if you want to take their guns away? well, california figured something out. the only state that systemically goes after these people to confiscate the weapons that they may have and that they may have access to. and that's key. i want to bring in judge glenda hatchet on this one.

here's the question that first crossed my mind when i looked at california. and the attorney general in that state has asked joe biden to look to make her state an example for the whole country in this go get the guns right out of their houses. and here's the question, why is it not easier for officials to actually go and get those guns? they have to go through all sorts of hoops like knocking on the door, talking real nice. they can't just get a warrant and say give me your gun, you're not fit. >> yeah. because the way the statute is designed in california, they didn't provide for that, ashleigh. you have to go in and get access. and if the person doesn't let you into their home, these agents don't have a way to get in because they don't have warrants. which doesn't make sense to me. so you're having to rely on someone cooperating with you, opening the door and consenting to searching or voluntarily giving these weapons over. you have to wonder really how effective this is in terms of gett