or tingling. you may have a higher risk of bleeding if you take xarelto® with aspirin products, nsaids or blood thinners. talk to your doctor before taking xarelto® if you currently have abnormal bleeding. xarelto® can cause bleeding, which can be serious, and rarely may lead to death. you are likely to bruise more easily on xarelto®, and it may take longer for bleeding to stop. tell your doctors you are taking xarelto® before any planned medical or dental procedures. before starting xarelto®, tell your doctor about any conditions, such as kidney, liver or bleeding problems. ready to change your routine? ask your doctor about once-a-day xarelto®. for more information including cost support options, call 1-888-xarelto or visit goxarelto.com. good morning, i'm ashleigh banfield.

we have eye busy day ahead. the day's news and our take on daytime justice. but we begin this hour with new and fascinating insight into the mind of gentlemthe boston bombi suspect. he is charged to using and conspiring to use a weapon of masses destruction in the attack that killed three and wounded more than 270 at the boston marathon. once every month he is allowed a phone call to his parents in dagestan. we are just now hearing about his latest call. phil it blablack joins me live moscow. what did he say in the call? >> well, ashleigh, this call was recorded by his family and broadcast in a british television interview, and in it, the boy's mother is clearly very upset. we're told at the time the conversation took place, they

were not allowed to discuss the details of the boston case or the attack so the conversation is very much dominated by his parents asking him about his health and well-being, attempting to show their concern. but for much of the conversation, it does sound like he's the one trying to soothe their concerns. at one point, his mother asks, are you in pain? and this is what he says in reply -- no, of course not. i'm already eating and have been for a long time. they are giving me rice and chicken now. everything's fine. his mother says to him, you have to be strong. he goes on to reply, everything is good. please don't say anything. his mother said that she was surprised by just how calm and in control he was. she expected him to be far more upset, to demand answers about his case and what is actually happening to him. but she makes the point that quite often through the conversation it was him calming her that everything is going to be okay. >> is it easy to characterize

what was meant by, please don't say anything, hearing the whole conversation? to hear just a snippet it sounds awfully curious. >> it does. it's not entirely clear just listening to the section we've been allowed to hear. it could be a reference to the fact that their conversation was restricted in the sense that they were instructed eed not tk about the case specifically. it could also be that he was trying to ask them not to express concern, not to show fear, not to worry about him, not to be concerned about his precise circumstances. as i say, the little bit that we heard certainly sounds like he's trying to say he's okay, he's doing all right and he wants his parents to know that as well. >> certainly, phil, in almost every lockup there is usually a big sign saying "you're being recorded right now as you speak and your words can come back to haunt you" or something to that effect. phil black, live in mros cow, thank you for that. just as an addendum to this story, back here in the united states, what timing.

the last u.s. survivor of the boston bombing has now left the hospital. >> knowing that i'm still in their thoughts and that it they miss me has kind of given me the push to get home. >> just ahead in the "newsroom" erika will talk about her injury and her recovery and the preschool students that she can't wait to return to. checking some other top stories that we're following here at cnn, major flooding in and around st. louis right now. amazing aerial pictures, and no surprise there's flash flood warnings that still are in effect until 2:30 today. around the time the mississippi river is expected to actually crest. this after a levee actually broke, about 300 people had to evacuate the area quickly. it seems odd only because five months ago the area was suffering from a severe drought. since then, the river's water

level has shot up 45 feet. more rain is in the forecast, too, for kansas, missouri, oklahoma, and arkansas, all over the next couple of days. tea party and other conservative groups are giving lawmakers their firsthand account of the kind of scrutiny that they received at the hands of the irs. founder of a group called linchpins of liberty says that he applied for nonprofit status more than two years ago. >> as of today, i've been waiting for 29 months without status. in the inlt rterim i lost a $30 launch grant whose executive director advised me he had never seen such treatment of a 501c-3 applicant in 25 years. >> yesterday the acting irs commissioner says he does want to restore the public's trust, but that could get a little bit tougher today because we're expecting the inspector general to release a report in about an

hour, in fact, that says that the irs spent as much as $50 million on conferences. in other news, a mississippi han mazz been indicted for sending a ricin-laced letter to president obama. this is not the most recent case. this is a case from over a month ago. james everett dusky has also been accused of sending toxic notes to a republican senator and judge in mississippi. this indictment says that he tried to make it look like someone else did it by putting another man's initials on the letters. officials initially arrested that other man. he was an elvis impersonator, pretty surprised by those charges. those charges were ultimately dropped against him. the court of public opinion may be revving up in the case of the olympic running star who's charged with murder, but the judge in the case seems to want to put the brakes on the trial at least for now. oscar pass tar yus showed up for another hearing this morning in south africa in the tragic shooting death of his model

girlfriend reeva steenkamp. the judge has ruled the trial won't get under way for almost three more months. that judge is also sending out a pretty stern warning to the media, beware the rules of the court when it comes to evidence. all of this after some pretty grisly pictures of the murder scene were leaked to reporters. robin kurn know is covering the case, she joins us live from south africa. there is some analysis where you are in south africa that it is going to be very difficult for oscar pistorius to get a fair trial. is this why the judge did what he did and push the deadline farther down the road? >> reporter: no. i think this issue of whether or not he gets a fair trial is a very poignant one. just remember also south africa doesn't have a jury so there's no chance of a jury being influenced by all of this media. there's just going to be a judge. this postponement that took place today was agreed to by both parties because the state crucially says they're not ready.

they still are investigating, which many legal experts tell me points to the fact that they're losing confidence in their case and that they still need time to try and figure out how strong their case is. so that's why it's being delayed. >> and there's some issue twh it comes to what a fair trial means if the prosecutors are, in fact, having trouble getting evidence, is it at all possible they're having trouble getting evidence because this guy is a beloved, heroic figure in that community? >> i think there is this sort of sensitivity particularly among the court officials, among the police, the prosecuting authority that they don't want to be seen to be giving oscar pistorius preferential treatment. but based on my observation and speaking to legal experts that they are actually erring on being quite cautious and conservative, that they're being actually quite tough on him. so they're very, very aware of the kind of impact this is going to have in the court of public opinion so they're trying to

play by the book here. and they are trying to say, listen, just because you're famous doesn't mean you're going to get special treatment. on the other hand, they're trying so hard not to give him special treatment that perhaps, according to some here, they really are treating him unfairly. >> well, we'll keep watching the case. robin turn now live for us in south africa, thank you. coming you next, our day on daytime justice, he said/she said really and more importantly what the judge said. the olympic skier versus a former marine and firefighter and the battle royale for the child they had together. so what were her rights as a mom-to-be? case number two, fighting back. tampa socialite jill kelley, remember her? she was once pegged to the petraeus scandal. now she's on the legal war path, suing the federal officials. does jill kelley have a case? case number three, he is a ex-con who actually did time in

alcatraz, but can he escape the rap he's facing now? the notorious whitey bulger about to meet his jury. will they give him a fair shake? [ female announcer ] yoplait greek 100. 100% greek. 100% mmm... wow, that is mmm... it's so mmm you might not believe it's a hundred calories. yoplait greek 100. it is so good.

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>> bode miller is a man used to winning, won five medals for downhill skiing at the olympic games. but now he is competing somewhere entirely different, in a court. he's fighting for custody of a 14-week-old boy, his son, a boy he has never seen and has only just recently even asked to see. he split with the mother in california and then she split california to attend college in new york. at that point she was about seven months pregnant. but bode miller stayed in california and now he wants her and the baby to return to california to fight the custody case. joining me now is sarah mckenna, a former marine who served four years in the corps. she's a decorated firefighter and a new student at columbia university in new york where she is studying on the gi bill. and also with us is her attorney kenneth. thank you both for joining me. i just want to ask you, sarah, right off the bat, you moved to

new york while you were still pregnant, about seven months, with your baby boy. >> yes. >> but bode miller launched custody action against you, as i understand it, before you left the state. so why did you leave? >> he never told me about any proceedings that he was filing. as a matter of fact, he requested that i cease communication with him. so by all means it was like giving me permission to leave after i told him three months prior to the move i was moving to attend columbia. >> i'm glad you mentioned -- >> actually, let me point out that he brought a paternity proceeding before she left california, not a custody proceeding. and whether a custody proceeding was brought or not, the law is subject to the uccjea, which defines a home state as where the child is born. so whether or not the proceeding was started in california or not, it makes no difference. new york is clearly the home state, and this state is where

the case should be heard. >> and i'm going to get to that in just a moment, mr. eiges. i know the judge had some very choice words about that very issue, which i find somewhat perplexing. but first to the communication that you had with bode, sara, the text messages that went bang and forth between you and bode miller. you've released some of them, and i want to read a couple of them for our audience. this is bode texting you. i'm not sure. i'm not going to do this with you sara. you made this choice against my wish, and gave me no say. you are going to do this on your own. just quickly to make sure, is that referring to having the baby or leaving the state? >> yes. no, that was our invitation to my first ultrasound. he declined to go when i asked and said that i would move the dates back for his schedule so he could attend. that's the message i received. that's along the lines of everything i had received. >> then there's this other exchange that we have as well that i just want to read. it said, you were right the

first time. it's better if he has a full time father that i can give him. having a once a month dad is not something he deserves. and you should take the chance to walk away while i am still agreeing to it. okay, i want what's going to be best for the baby. and then there's this one as well from bode miller to you. it says, if i'm found to be the father of your kid, i'll deal with it. until then, don't communicate with me. and then from you, please take the paternity test i set up in a couple of weeks. the faster we get that dealt with the faster we can sign your rights away. did you discuss a lot of this with bode miller in terms of being a father or giving up parental rights or just the option to actually leave the state of california? or does it really just come down to these texts? >> he never actually wanted very much to do with my son, and he

initially asked if he could sign over his rights and he would pay off his child support in a lump sum and sign over his rights to california. i said that california would never agree to it, and they don't. the issue came down to him just not wanting to be there. after all the attempts i had given him, my only option was to quit working 72 hours a week at a very dangerous job where i had almost lost my life a few months prior to make the best life for my child whether he wanted to be there or not. i set up a private paternity test and said, i'll agree to you doing what you want and sign off e over your rights if you'll take this paternity test to show you're the father. after he took it, he ceased communication. >> kenneth, if you could just answer this for me. it seemed like the judge in new york awarded round one in this case to bode miller. i want to read a quote as to what this judge said. while mckenna did not abduct the

child, her appropriation of the child while in utero was irresponsible, reprehensible. but what you just said was that the law does not account for an unborn baby and only calls i think it's home rights or home state rights -- >> home state. >> they only ascribe those rights to children who are born. so why did this happen in new york? why did you lose? >> that's a good question. the state has no right in an unborn child. it's not unjustifiable for a woman to cross state lines to come to new york and attend an ivy league school under the gi bill. unjustifiable contact usually relates to where a parent abducts a child and you cannot ab dublgtduct a fetus. obviously i disagree with the

decision and an appeal will be taken. but i can't read what was in the judge's mind. >> so, sara, i just want to ask you this, you named your little boy -- by the way, he's very cute, i've seen pictures of him, just a sweet little guy. >> thank you. >> you named him samuel bode miller-mckenna. if you're in such a pitched battle with his father, i found it curious that you named the boy after his father. can you explain why you did that? >> he was originally naixed max. all the guys on my crew in my fire station started calling him the little bodester, the little bodeski, then it came into my family, little bode. we just decided that maybe it would get him more involved if we named the child after him. i think it turned out really cute. i don't dislike my decision, but he does. he'd like to change the name of my son now so i'm going to fight that as well. >> well, we'll be following the case. again, i don't know that i've heard of a case like this where a pregnant woman who leaves a

state is ordered back to a state for those custody hearings. but it does break a lot of legal ground. sara mckenna and kenneth eiges, thanks so much for being with us. >> thank you, ashleigh. >> thank you. >> i just want to make sure our audience knows that we did reach out to bode miller several times over a couple of days to get comment. we did get a comment from bode miller through his attorney. he says this -- my only concerns are my son's well-being and protecting his right to have both parents in his life. my wife morgan and i look forward to resolving all parents issues as quickly and privately as possible. and he do invite bode miller to come on this program at any time to share more of his story and discuss this case if he wishes. invitation wide open. also, some people are still pretty much scratching their heads over that judge's decision to send that case back to california, especially after you just heard what sara's attorney said. so coming up, the definition of "home state."

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want to get back to that saga involving bode miller, the famous downhill ski racer and sara mckenna, a marine, firefighter and mother of his child and her child and the fight between them. that skier wants sole custody of the 14-week-old boy. he's never met the baby, and i just spoke with sara mckenna, the mother of the baby, a moment ago. now i want to talk to cnn legal analyst paul callan about some of those very sticky legal issues. you heard sara's attorney say this home state issue, the law clearly outlines that you have to be born in order to be ascribed a home state. is that how you interpret the law? >> well, i think yes. this is such a shocking and bizarre decision by this referee rodriguez. >> you say referee not as a -- to malign her. this is what she is, a manhattan referee. >> the references i've seen is she's a special referee. what normally happens in family court is when a hearing and something more serious has to be

explored, the judge appoints a referee who has essentially the powers of a judge to hear the arguments and make a recommendation. and the recommendation -- i mean, the wording that was used by -- we'll refer to her as judge rodriguez is shocking. >> i'll read it. while mckenna did not abduct the child, her appropriation of the child while in utero was irresponsible, reprehensible. does this mean -- does this have any kind of precedent where if you're pregnant you can't get on a bus, sister, until you check with everybody who has an interest in that baby? >> i think it's utterly outrageous. bode miller apparently impregnates her in california and then doesn't want the kid to be born, tries to get mckenna to get an abortion. >> these are all her claims. >> these are in the text messages we've seen. we' she, while still pregnant, moves to new york because she's got a great scholarship at columbia university and she thinks, good place to start a new life.

so the baby is born in new york, and now some judge, a referee, is saying she is appropriating a child in utero? it's insane, i think. >> the text messages i'm going to presume the judge knew about them, i don't know if they were entered into evidence in this particular case. but let me ask you this. can a man change his mind? and does it make a difference whether those text messages might have been sent at one point when he didn't have interest in a baby and all of a sudden he sees the light and now has interest in. >> men change their mind and women are shocked about this. men walk away from their respondents and then four, five years later, the woman needs money and she sues for child support. all of a sudden the father who walked away, now he wants joinlt custo joint custody, wants to visit a child he's abandoned. the courts generally will give him visitation rights because the courts have a presumption that it's better to have both -- >> sole custody? that's a biggie. >> not sole custody unless something bad has happened with

respect to the mother. even a father who's walking away from a child can later come into the child's life. that's what the law says. but this is a differently thing. this is a woman who's pregnapregnant. we don't even have a child born. to say that she has done something improper, essentially that she's kidnapped her own fetus and moved to new york is i think a rather stunning finding. >> i've got five seconds. think the appeal has some legs? >> i'd say it has legs and some merit and i'd be very surprised if new york goes along with that decision. >> by the way, i just cleared up that in fact, yes, the text messages were read this court, the judge saw, heard the text messages. that was definitely made clear. i'm at a loss. i couldn't understand it when i saw it, but i think there's more to it and we'll probably see more of it. thank you, paul callan. i also want to remind bode miller, if you're out there, you're still invited to come on this program and share your side of the story and your side of the case. it does make for some fascinating legal ground.

switchi ining gears, an all mobster, not any alleged mobster, a reputed fbi informant and he knows the inside of alcatraz from having been a guest there, whitey bulger. what a history. what a legend. and not much of it good. so what about the jury about to decide his newest round of legal woes? can this man get a fair trifle anywhere? stay with us for daytime justice. her financial advisor made a retirement plan, they considered all her assets, even those held elsewhere, giving her the confidence to pursue all her goals. when you want a financial advisor who sees the whole picture, turn to us. wells fargo advisors. see, i knew testosterone could affect sex drive, but not energy or even my mood.

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there are fugitives from justice, and then there's whitey bulger. and if his name sounds familiar, it darn well should because this guy has a rap sheet longer than the erie canal. and his notorious crimes stretch back to the days of alcatraz. he served a four-year stint there during a nine-year prison sentence. but perhaps not content to start fresh, he was accused of a new string of crimes, and then he vanished. after that, witnesses came out

against him and the list of charges grew. 19 murders, extortion, money laundering, racketeering, and that is just the tip of the iceberg. and it took the feds a decade and a half to find him. in a rent-controlled apartment in santa monica where police say stashed within the walls was nearly a million dollars in cash, 30 different weapons, one apparently a hand grenade. quite a tale. his trial will start today in boston, and they may need almost every single one of the 675 potential jurors who showed up for duty today. bulger has pleaded not guilty, but the big question is, can a notorious criminal like whitey get a fair trial? let's bring in our legal panel, danny sa vals and monica lindstrom joining me. danny, let me start with you. this judge says that say jury selection process for whitey should only take a week. excuse me? how on earth are they going to get a jury in a week in it thth

case? >> well, the judge must have some reason for thinking that. remember, in a high-profile case, the inquiry during jury selection shifts. it's unrealistic to find jurors who haven't heard of the defendant or what he's been involved in. instead, you assume that almost all of them will have some knowledge about it in a high-profile case so you ask, knowing what you know, do you believe that you can still be fair and impartial? and then, of course, depending upon the answer, the differents attorneys are going to use their read or whatever they already know and either challenge that juror or accept that juror. but while harder, the judicial system is founded on the idea that any jury potentially could be a fair one. >> any jury could be a fair one. you know, i always say it. i repeat it a lot. if you can find a jury for o.j. simpson you can find a jury for whitey bulger. monica, maybe this is the bigger question, then -- 17 years he's been on the lam and some of these crimes span back decades.

so you're talking about evidence that is, you know, kind of atrophied. you're talking about witnesses whose memories have atrophied and probably talking about a lot of witnesses who are dead, long gone. so isn't it really tough to get convictions when you're talking about what might have been at one time cold cases? >> yeah. prosecutors hate having cases this old because exactly what you said, ashleigh, it is hard to prove those cases when evidence gets old. witnesses forget things. their memories get clouded. evidence can be lost. there can be chain of custody issues. there's all kinds of problems when you're dealing with cold cases or old cases. and the fact about the jury selection coming together with an old case makes it even more important. i don't think there's any way fo possible you're going to really get a fair trial here. and what i mean by that is, like danny said, the jurors have probably all heard about him at one point or another.

common sense kicks in here, ashleigh. they're going to have that in the back of their mind. and even if some of this evidence is old or may be a little questionable, their subconscious already knows this guy's history. and do you really think they're going to sit there and look at it as if they didn't know anything about his history? >> you know, i don't normally call people an ex-con before trial except that he's an ex-con. he's already served for more than one crime. we're going to watch this case. we'll have you both back to talk about how it progresses. it should be a couple of months' worth of testimony. danny and monica, thank you so much. our next case involves a former cop on trial for killing his wife and setting his house on fire with the kids still inside that inferno. look at that. he says she did it. she did it all in a suicide attem attempt. the trouble is, some of the evidence, that pesky forensic stuff, is just not adding up. we are seeking "daytime justice" on this one, coming back after the break.

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. i'm not sure it could look much worse for an ex-cop in kansas today. he is charged with first-degree murder in his wife's death. on day nine of his trial, it looks bad. it actually looks really bad. there are mounds of forensic evidence against this man, and damning testimony from co-workers and friends. he's been accused of shooting his wife vashty in her sleep on april 30, 2011, also accused of setting fire to their house to cover it up. he claims she did all that herself in a suicide attempt. we're digging deeper into this investigation, and we found this eye-opening exchange from his police interrogation tape. >> i'm smart enough that if i wanted to kill my wife it would have been a lot -- i could have come up with something better

than this. this is [ bleep ] insane. this is what a crazy person does. >> not necessarily. >> love that detective, no, not necessarily. now, look at this. this is being called the so-called suicide note. it says, brett, i can't do this. i can't figure this out. take care of our boys. the prosecution says this is a fake, that it was forged by brett himself. and then there's this eerie testimony from a co-worker saying that vashti even predicted her own demise right down to the exact way the prosecution says she was murdered. >> do you think brett would burn the house down with me in it? and i looked at her and i said, what? and she said, do you think brett would burn the house down with me in it? and i was taken aback by that. i said, not with the kids at home. >> yikes. with witnesses like that, it

begs the question, does brett seacat stand a chance? ted rowlands is live in kingman, kansas, also with me danny sa vels and monica brindlindstrom, monica has worked as a divorce mediator helping couples make a fresh start. i say that because that's what the victim in this case was trying to do, divorce brett and make a fresh start. ted, i want to start with you. you're on this case and apparently a handwriting expert got on the stand to talk about that note we just showed. what did the expert say about it? >> well, basically, it's a forgery. that's according to the state's expert. he said likely somebody traced this forged suicide note. the prosecution maintains that seacat used her diary to do just that, used an overhead procorrector which he had co-workers unearth at his job as a law enforcement training official, and they say that he practiced it and that's how he

did it. now, the defense who will start their case later today will have their own expert on the stand to refute this one, but this was pretty compelling testimony. in this expert's estimation, it was an absolute forgery. >> danny, let me ask you something. we just heard that co-worker talking about what the victim in this case said to her about her fear of potentially dying in a fire. remind me why that's not hearsay. >> well, in a case like this -- hearsay is an out-of-court statement offered to prove the truth of the matter aasserted in that statement. so the statement has to be offered for its truth. it's not offered for its truth that that's what happened. it can be used to show an awareness on the part of the hearer or the state of mind of that person when they made that statement. there are a number of -- there are so many exceptions to the hearsay rule that some observers say that the exceptions swallow

the rule itself. even in the definition of what hearsay is, it must be an aassertion of truth. for whatever reason, the court determined that that was evidentiarily speaking admissible. >> you don't always get to hear that kind of thing, what victims say about suggestions that they're going to be killed by someone. and sometimes you do. quickly, monica, let me ask you this. there was a psychotherapist who testified and also co-workers who testified that vashti was no depressed sole. this is the whole notion of the defense, she was depressed, she committed suicide, there was that note. they all say she was working out, she was happy, she was in great spirits and she herself told her counselor, i would never commit suicide because i'm very rjsz aeligious and i could leave my boys behind. how powerful are those statements when it comes behind the defense's statement, you never know what goes on behind someone's marriage. >> that's right, ashleigh. you don't know what happens between two people when you're not there, but this kind of evidence is evidence that the

jurors can understand. they might get lost sometimes in the difficulty of the forensic evidence and the gunshot was where and how the fire started and all of that, but when you look at what co-workers are testifying to, what a psychotherapist is testifying to, that's easy for them to understand. they can grasp that. they can basically internalize that and see that happening in their own lives. it's easy to understand. so that makes that evidence so powerful. so when they go back into the room and deliberate, they may look at the forensics stuff and go, hmm, that's kind of confusing, i'm not really sure about that, but this, this is what she was doing before she died. i don't think it was depression. i don't think it was suicide. so it's extremely powerful, ashleigh. >> kind of narrative that can stick for sure. monica, danny, thank you. ted rowlands, thanks for your work as well following that case for us. we're going to continue to follow it, too. do you remember david petraeus? of course you do. front page news for months because he had a mistress.

not this woman. she was the third woman in that saga, jill kelley. she says her privacy was invaded and their affair ruined her life, and now she's suing. but it's amazing who she's suing. the question is, does she have a case? coming up next x. #%tia[

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some action and suing federal officials. she says they violated her privacy, wrongfully searched her personal e-mails and then leaked false information about her to the press. this story is a big web of people and e-mails so follow with me. it starts with the former cia director david petraeus. he admitted to having an affair with paula broadwell, his biograph biographer. that was after broadwell anonymously e-mailed petraeus' friend jill kelley and said, stay away from petraeus, he is my mind. kelley did not like those e-mails and she called the fbi. she was worried. kelley then landed in the spotlight herself because the fbi said it potentially found some inappropriate e-mails with another famous general, general john allen. and now kelley is suing but not specific people, but generally people. he here's the big question, does kelley have a case? defense attorney danny cevallos is with me, former prosecutor monica lindstrom.

this is a tough one. clearly this woman feels she was very wronged by a lot of the information leaked out to the press. she herself hadn't done anything wrong. danny, can you just blanket sue the government, people in the government, or do you have to name someone and show exactly what that person did? >> well, the way the government works is that it operates under sovereignty, which means you cannot sue the crown, you cannot sue the king or the queen, unless the government gives permission. and in this case, the privacy act does provide a civil remedy when the government, through law enforcement, obtains information electronically or otherwise and then fails to either store it or does not safe guard it. those are all independent causes of action. so as a general rule, you cannot sue the government unless it has given prior permission. and usually that's through a federal or a state statute allowing for that liability. but that's the only way to do it. otherwise, the government is immune. >> so, monica, help me out here

because i recall, as this case began to break down, they were fast and loose with some of the facts that came out. i think at one point suggesting that she had shared tens of thousands of i think maybe the statistic was one point tens of thousands of e-mails in an account that had to be sifted through to si which were to john allen but this snowballed and that woman was surrounded by the press at this point. need i remind everybody, she was effectively a victim in all of this, right? >> well, she says she was a victim of this. let's look at e-mails. >> monica, whoa, whoa, whoa. look, she was a victim, she had threatening e-mails, that's a fact, from paula broadwell saying stay away. >> yeah. so you had one girlfriend telling the other girlfriend, stay away from my boyfriend. i mean, are those really considered threatening? if we look deeper and deeper into e-mails perhaps there were legitimate physical threats or

more blackmailing, et cetera, et cetera. but let's look at e-mails that were between her and the gentlemen, the government officials here. where they sent from personal e-mails to another personal e-mail? to government addresses? were there text messages or e-mails going to phones that government was paying for. when you're doing something like that, i don't think you can really claim that you have an expectation of privacy in those baz y because you are literally sending them to the government. they not only have to sift through the wording of te-mails but where were the e-mails? government, personal, what was going on? there's a lot of issues there. overall, if you're cheating or flirting, you'll have bad karma here. doing it with the government, you're going to have bad karma. >> i don't know that anyone suggested she was cheating. maybe flirtatious. in the end it was determined it was all in innocuous fun about

and no one ended up getting further in trouble. i'm interested to see if this gets tossed out or litigated. danny, monica, thank you. we are back after this. ♪ norfolk southern what's your function? ♪ ♪ hooking up the country helping business run ♪ ♪ build! we're investing big to keep our country in the lead. ♪ load! we keep moving to deliver what you need. and that means growth, lots of cargo going all around the globe. cars and parts, fuel and steel, peas and rice, hey that's nice! ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪

as we near the noon hour on the east coast, want to check in on the movement on the new york stock exchange. market is up slightly, just

fibe. but before i came on the air live to tell you that, it was up six. bit of fluctuation. [ lane ] do you ever feel like you're growing old

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she'll never forget what happened to her or the long road back that she faces or the image of the woman she says saved her life. here's randi kaye. >> every once in a while -- >> reporter: it's almost time for erica to leave the hospital, she's getting one last pedicure from her nurses. above the bed a dragonfly hangs. >> it had the saying that does way symbol of strength and courage and getting through hard times. so kind of been like my mascot. >> reporter: hard times is an understatement. on marathon day, erica, her sister and brother-in-law had gone to see her mother run. finish line when the bomb went off. >> i fell back wars. i could hear the sirens and people crying and screaming. >> reporter: erica was almost screaming -- for help. the lower part of her left leg had been blown off and right leg was broken. >> this woman crawled over to me and she grabbed my hand and

could -- she heard me screaming for help and she said, my name is joan from california, i'm not going to let you go. and she stayed with me the whole time. >> reporter: joan used her belt as a tourniquet on erica's leg. erica never got joan's last name or contact but swears the woman in the yl low jacket with brown hair saved her life. she desperately wants to find her and thank her. >> in all, erica had 11 surgeries each time wheeled down the hallway through the doors, where she'd pick up the elevator. she learned the wing of the hospital back there had been shut down because that's where the surviving bombing suspect tsarnaev was being held. she started to have nightmares about him, nightmare his was going to blow up the hospital. she met with the fbi who assured her that he was going to do nothing of the sort, that he would never hurt her again. erica had brighter moments, too.

like a visit from kevin spacey. what's kept erica going is the preschool classes she teaches in maryland. this girl made her a video on youtube with help from mom. >> what did you want to tell her? >> i love you. >> what else did you tell me? you missed her. >> very much. bye. >> reporter: in maryland, erica will start physical therapy and learn to walk with a prosthetic leg. her motto is, she's one tough cookie. she knows it will be a long road ahead. but with a send-off this week, erica's fresh start at home will have a touch of boston strong. randi kaye, cnn, boston. >> way to go, erica. by the way, after that piece ran last night on "ac 360" the program got a bunch of e-mails identify joan. and the ac teamas