we have breaking news tonight, the flight that was supposed to be carrying edward snowden has landed, the captain

has said he's not on the plane. also tonight, george zimmerman's guilt or innocence. there was a lot of drama and a bizarre knock-knock joke making their way into those opening statements, we'll take you inside the court tonight. later, how a former world leader, italy's silvio berlusconi went in party animal to convicted sex offender and why no one's laughing any more. we begin with a spy story come to life, complete with an 11th hour escape from hong kong a confrontation with china. russia and cuba, major players as well. just before 7:00 p.m. eastern time, a jumbo jet arrived from havana in moscow. edward snowden was expected to be in seat 17-a. edward black saw no sign of him. at this moment, the question that people around the globe have been asking all day, and most of the weekend still applies.

where in the world is the man who leaked the existence of two big american intelligence gathering operations. that and some terribly inconvenient questions as well. who if anyone dropped the ball. was the u.s. played by the chinese? and is it being played by the russians right now? there's a lot of ground to cover tonight in a saga that could end in a u.s. courtroom or in edward snowden's political asylum. in someplace like ecuador. any way you put it, this is half written. here's how it began. edward snowden acted quickly after he was charged with espionage friday night. the u.s. revoked his passport. asked td the hong kong government to return him. he still managed to clear customs and board a flight. >> the decision to allow him to leave has a negative impact on the u.s. china relationship. >> there were reports he spent the night in a motel outside the

russian airport. russian officials say he never passed through immigration. according to wikileaks representatives who are helping snowden, he doesn't intend to stay. moscow is simply a stopover on the way to his final destination. that might be cuba. a reporter on the flight to havana say they did not see snowden on the plane. that flight passes over u.s. airspace. perhaps an unnecessary risk for snowden as some believe u.s. authorities could force the plane to land. u.s. officials believe snowden is still in russia. >> we expect the russian government to look at all the options available to him, to expel mr. snowden back to the united states. >> snowden could take an alternate flight from moscow to havana. it was scheduled too -- to leave monday night. this flight plan has avoided u.s. airspace. ground staff in moscow denies this flight is scheduled. if snowden gets a flight to havana, he could catch a flight to ecuador, where he's requested asylum.

snowden has applied for asylum in multiple countries, and latin america has the best legal options which is key for snowden. in this interview, he acknowledged the risks of coming forward. hinted at a life on the run. >> i could be rendered by the cia, have people come after me, or any of their third party partners. they work closely with a number of other nations, or you know, they could pay off -- that's a fear i'll live under for the rest of my life, however long that happens to be. if they want to get you, they'll get you in time. >> the breaking news tonight the flight from moscow has landed in havana without edward snowden on board. no sign of snowden on the flight. have you gotten any indication of whether they expect snowden on another flight?

>> yes, anderson, they have not received a request from another country. but, of course, they'll likely need permission they would share with us anyway. the time we last spoke to you, the flight landed. we talked to crew and passengers. they did not see edward snowden. once again, word does not appear at least for the moment in cuba. >> if he was going to cuba, i assume he would need some sort of visa, which he would have to apply through cuba, unless there was some sort of special dispensation made. we have no idea if he's going to attempt to go to cuba or not. how certain are we that the cubans would allow him to connect to another flight there, do we know? >> havana is a possibility because the government probably

wouldn't bend to u.s. pressure and send him back. in fact, over the years they have been aligned with the black panthers. somt -- some the u.s. is seeking, and cuba continues to harbor people that we know about. you come to cuba -- an ally of fidel castro. it's not an ideal picture. he could pass through cuba. while i'm pointing out, edward snowden has been portrayed as something -- the cubans are happy to keep talking. he is embarrassing the united states. >> i should point out, i believe

phillip agee a former cia officer, he ended up in cuba. we got a panel tonight of people who can speak to all the angles that this story presents. diplomacy, national security, john miller joins us. he's a top official of the fbi. christiane amanpour has covered every major international incident for the last 25 years. jeffrey tooben's title speaks for itself. this whole thing is surreal. what do you make of it at this point? >> well, i make of it, that it's made a better story than we would have seen in a book or a movie for all its unlikely characters. and it's near comical twists and turns. if it wasn't regarded so seriously. i think they are burning up the phone lines from the department of justice, from the state department, from moscow calling

in every chip, every favor. every plea they can make, which is really counter intuitive, anderson, what they're saying is hold on to him, don't let him get on a plane, and figure out a way to give him back to us you have a u.s. intelligence officer with a bag full of top secret materials. probably the last place on earth you would want him. right now they're saying, let's slow this down and figure out a way to send him back to us without going somewhere else. >> we've learned that the head of the fbi has called his counterpart in moscow about this, what does a conversation like that sound like? >> well, they've had a regular dialogue on general terms. and an increased dialogue since the boston marathon bombing because of all of the interchange between the two agencies. so it should be a fairly cordial conversation. this is like any negotiation.

the end of that conversation, i understand, it's so good to talk to you, director mueller, now, let me talk to my people and we'll get back to you. and that is -- that is not an answer. so that's how those conversations start. we'll have to see where it goes. >> you actually used to run the extradition unit at the justice department, in your opinion, did something go wrong here? i mean, did somebody drop the ball? >> anderson, you know, there's a regular dialogue between the staff level at the justice department and the central authority in this case, would have been hong kong. there is no doubt in my mind that the extradition request was sufficient. they would have reviewed it carefully, talked to hong kong authorities in advance, and in many ways we have to believe certainly based on the reaction, that u.s. officials were misled into thinking this was going to be processed in the normal course of things. the place where we have a right to be asking questions is, why did we just accept that this would be handled by hong kong in the ordinary course of our

relationship, and why didn't we prepare -- you hope for the best and prepare for the worst? why didn't we revoke the passport sooner just in case this thing didn't go the way the u.s. wanted it to go? >> well, i believe senator -- the head of the state department john kerry in an interview said that because the indictment was sealed, they couldn't have pulled the passport until it was unsealed, that's why they did it as soon as it was unsealed. >> certainly you could have gone to a federal judge and gten permission to share it if that was a concern. this was an extraordinary case, and so you would hope that we wouldn't have handled it in the ordinary course of things. we have heard from the administration there were very senior level phone calls, again, because of the sensitivity of the case, you would have expected, look, we know that china is behind the hong kong decision, and remember, we took in the chinese dissident which was a great embarrassment to china, while there's been cooperation with the russians on the boston bombing case, we were more critical of them in not

giving us more information before the bombing on the tsarnaev brothers. there may be past grudges influencing the decisions here. >> christiane, what do you think is going on? >> this is really a political crisis right now, the legal issues of extradition are pretty clear, although as everyone knows, tons of loopholes in them. it's a political issue mostly now because all these countries that we're talking about whether it's china, moscow, russia, whether it's cuba, venezuela, ecuador, all of them have something to gain by rubbing america's nose in this current situation. beyond that, i'm fascinated to know, maybe john or fran might know, what is on these computers. what kind of knowledge does edward snowden have that might be really dangerous to have, and whether china or russia has been able to suck out that knowledge from those computers, while he's been in their countries.

>> let me put that question to you, john. also let me just say, the people who support edward snowden say look, if he wanted to give secrets to the chinese or the russians he could have done that, he could have been paid to do that. this is not the kind of person he is. they say he was standing on principle, he released it to the guardian, the washington post. and that was a very thought out thing. it was not what he's been charged with, which is espionage. >> i think it's pretty interesting, anderson, that his story starts off with kind of a plausible story art. he wants to warn americans about the lack of privacy they have in this big machine that's vacuuming up data. and are they aware of it? then he ends up in hong kong, and starts pulling things out of

the hat. he says the nsa hacked into this particular university in hong kong and they were looking for this and that, and they compromised hundreds of thousands of computers in town. and then he switches to, when the russian prime minister came for summit talks, he changed his communications from the way the nsa used to listen to them, to a new way. they were able to detect it and come up with a new collection platform. it's hard to reconcile how giving out information on collection of intelligence through electronic means against hostile foreign powers is helping americans understand their privacy. so his story seems to ebb and shift in ways that aren't logical with the original story line. >> jeff, legally speaking, is there anything that the u.s. can be doing to bring snowden back at this point? >> i think we learned that the legal system is superfluous to this story. we went through channels with hong kong, we have a good relationship with hong kong in the ordinary course of business with drug dealers, with organized crime figures.

and we attempted to use that process. and china basically told us to go to hell, we're going to handle this the way we want to handle it, and they let him go. and this idea of criticizing the state department for not pulling his passport early enough -- i mean, it's worth pointing out that his passport was pulled before he left. he left hong kong without a passport and he left anyway, because china wanted him out of there and they sent him out. this is well beyond the legal system now, this is completely a matter of foreign policy, of intelligence, of diplomacy, and russia's going to do what's in russia's interest now with this guy, and that presumably includes taking everything in his briefcase and making copies of it. why wouldn't they? they'd be crazy not to. >> there's been a lot of outrage in some quarters, government quarters certainly, against snowden and outrage over russia

maybe wanting to talk to him or china wanting to talk to him or whatever. if this was a completely different situation, if this was a member of the chinese intelligence service or the russian intelligence service, who was in the united states, wouldn't the u.s. be acting in the exact same way? wouldn't they want to hold on to a person, get information from this person? >> anderson -- >> for all the outrage the u.s. government is expressing publicly, wouldn't the u.s. government be doing the same thing? >> yes. and that's what makes this incredibly awkward. to jeff's point, we have to be clear. the u.s. government has been treated in an outrageous and unfair way. in terms of legal obligations and foreign policy with our allies around the world. they relied in good faith on the requests they made. and they -- you know, chinese authorities let them slip away. to your point, he is -- snowden

has released some things and additionally released classified information as it suited him while he was on the run, and not accidentally, about spying on hong kong or spying on russia. and so we've got to presume he's got additional material that he's not yet publicly released. the intelligence community will absolutely assume that he has released everything in his possession to the chinese intelligence services, to the russian intelligence services. as part of their damage assessment of just how bad the snowden activity is. >> but in terms of that, the snowden government would want to do the same thing? >> they would want the information in his possession. it's a balance, you're balancing what is the intelligence value. you want to get maximum intelligence value, anything in his possession. you want to minimize the political fallout.

china had him for a period of time. they could talk to him, and then they wanted rid of him. clearly that's the calculation that russia's going through tonight as we speak. >> snowden says he only speaks to journalists, he's not spoken to the chinese or anybody else. we'll continue watch. everyone stick around. i want to dive deeper into why snowden chose the escape route he did. if we should read anything into that. and if ecuador is the possible final destination. follow me on twitter. he called them bunga bunga parties. now silvio berlusconi is going to prison. he was charged and found guilty, he's going to appeal. but he could end up in prison with what he did with the exotic dancer at some of those parties, that turned out to be underage. you can do just that. with our visionary cloud infrastructure, global broadband network and custom communications solutions, your business is more reliable - secure - agile.

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... you thought wrong. seize the summer with up to 50% off hotels at travelocity. our breaking news, the russian airliner has arrived in havana, edward snowden was expected to be on it, was not in that airbus when it landed. that's according to our own correspondent on the flight. and the captain on the flight as well. he's believed to be in moscow, he had been expected to eventually make his way to ecuador. he fears inhumane treatment even death if he's returned to the united states.

paula newton is joining us now, in the ecuadorial capitol. what are you hearing about snowden's request for asylum? >> well, it's been interesting to be here today, anderson, this is enter ecuador stage left, and i mean from the political left. you have a president here, university of illinois educated, who is really putting his nose into the business of both china and russia, it's clear he's doing all he can to give russia and china the political and diplomatic cover they need. they're not going to hand him over to these two countries. in steps ecuador to give snowden the way out. here it goes over well, politically, domestically here to say, look, we are going to uphold this guy's human rights, we are assessing his asylum based on the fact that he doesn't believe he'll get a fair trial in the united states. anderson, i also want to tell you, the u.s. embassy says by associating with these countries, china, russia, ecuador, all countries whose

freedom of the press, freedom of expression has been in doubt, by doing that, that he, in fact, mr. snowden makes clear that his real reason for these actions has been to bring harm to the national security of the united states. blunt words tonight anderson from the u.s. embassy in the capitol. >> when i talked to julian assange, he recommended ecuador as a place for snowden to go, because of their willingness to resist the united states. why would -- i mean, is that really the only reason snowden would pick those countries? in terms of freedom of the press, transparency, ecuador is not the most open of places. >> absolutely. you have to say, the only reason would be, it's because it's politically expedient. that it works for him and works for him now. if you speak to journalists in this country, you speak to human rights advocates in this country they have a free press, but at times they feel like they're being harassed, and there are repercussions if they criticize the government.

the government here says that's just not true. that what plays well here, and not just in this country, anderson, but this part of the world, is a standup to the united states to say, you guys are hypocrites, you go around the world criticizing other people's freedom of expression, other people's human rights. you have problems on your own. by doing that, this president believes he can be applauded here at home, but also applauded here in south america, and with the allies that matter, allies like china. >> paula, reporting from quito, ecuador. thanks very much. back with our panel. cnn national security analyst fran towsend. jeffrey toobin. christiane. why would the ecuadorian government consider something like this? is it just about putting a thumb in the u.s.'s eye? >> i think it's part of that, but they're part of this group of countries that call themselves anti-imperialists. they have a particular agenda. you heard what paula said, let's not beat around the bush, these countries are profoundly

unfriendly to freedom of expression, and free journalism and the free press. in fact, the president himself has taken great pride, even though he's been elected several times, democratically has called the free press in his own country my biggest enemy. there you are, i think this does pose an enormous problem and challenge for many journalists. many of us believe that, yeah, you know, overreaching governments have overreached, much surveillance, all of this stuff, secrecy and sort of sticking your nose in too many people's business is perhaps something that needs to be challenged. but then when you see the leaker, the whistle blower having said he was prepared to pay any price, then rush off to these countries, it's a bit of a challenge to figure out how to think about all of this. having said that, all of us are pretty angry, i think, many in

the journalistic community that the a.p. had their phone records hacked and spied on, the fox news reporter did as well, it's a big challenge for all of us watching this, i think. >> if snowden decides to end up in ecuador, does the u.s. have leverage over the ecuadorians? >> huge leverage. that may be part of the reason you haven't heard the president of ecuador and the government say they will grant him asylum. this may have a short term domestic appeal, but there's a huge long term impact. the free trade agreement, which is set to expire at the end of this month needs to be reauthorized by congress. there's hundreds of thousands of ecuadorian jobs that depend on the exports to the united states. there will be a serious economic consequence if they don't renew the trade agreement and there's a huge loss of jobs in ecuador. so you've got to believe that the president is going to

calculate, it may feel good at the moment to poke a finger in the eye of the united states, but there are serious long term consequences if he does it. >> john, i think you're the right person to ask this about, the interpol wasn't asked by the u.s. to issue a red notice to arrest snowden. what is a red notice? >> a red notice is the interpol wanted poster that goes to the interpol member countries, when someone goes into the port of that country and they enter them into the system, it should come up. it's like a big wanted posted, it has a red stripe down the side. that would be what you would do, if you would be looking for a fugitive, particularly if you had no idea where person was. in this case, part of the discussion is should they have issued a red notice on him before he left hong kong? but remember, the u.s. government, i mean, they talked to hong kong on june 17th and eric holder spoke to them on the

19th, and, you know, their impression was, that all of this was slowly coming together the way it does in an extradition case. so not issuing it at that point was probably not critical. at this point, it's kind of interesting, because unless he actually goes on the run we expect him to be leaving one country that's allowing him to leave, and entering another country that's ready to receive him, so a red notice isn't going to be a game changer, but it might be time to issue one, unless they have a live feed that shows where he is right now, i think it's something they have to be thinking about. >> jeff, there's been a news report saying, in an interview with snowden, he took the job at booz allen hamilton specifically to get classified information on the nsa program so he could leak it. if that's true, it speaks to snowden's intent. could that have some bearing on the case against him? >> well, he's in such a world of trouble. he's basically confessed to the crime anyway and this is just further proof of his intent.

it also raises questions about the quality of the background investigation. that he had a very high level security clearance. when you get a security clearance, you get one because the fbi has done a background investigation. here, obviously he got the -- he would not have gotten the security clearance if the fbi knew this. the fbi didn't know, or whoever did the security clearance didn't know what his real motivation was. and that raises questions about whether that was an adequate background investigation of him. and it raises question about booz allen's decision to hire him in the first place. >> fran, the secretary of state john kerry, said today that people may die because of what snowden has done. just -- i mean, when the whole -- when julian assange and the whole wikileaks disclosures were made in 2010, there were the same kinds of allegations, he had blood on his hands, and then in subsequent months, in off the record discussions with

people from capitol hill, they said, these were embarrassing revelations, these were awkward, but they were not as far reaching and damaging as we thought, there were a number of public statements like that, so is this being overplayed? shouldn't -- i mean, shouldn't people in the media be skeptical of the government automatically saying this guy's going to have blood on his hands? >> no, absolutely -- i should tell you, because it's a technical program, the amount, the loss of research and development or technological advantage is very difficult to calculate, and very difficult to claw back. it takes time, it takes money, it takes research. and so there -- it is a tremendous loss, make no mistake about it, whether or not this guy has blood on his hands, i think we are rightly skeptical of that claim. i would say, by the way, on the security clearance issue, anderson, it was done by a company called usis, we know

that now, it's a private independent contractor, one that by the way is under investigation by the u.s. justice department. and there's no question that there were problems in the way that security background investigation was done. and it's an issue that's been raised by a number of congressmen and they called for hearings on it. >> we have to leave there, john miller, christiane amanpour, fran towns, jeff toobin thanks very much. we'll have more on this, another edition of 360 coming up at 11:00. coming up, silvio berlusconi accused of having sex with an underaged prostitute. ens when we take away the late fees and penalty rate? no one misses them. the citi simplicity card is the only card that never has late fees, a penalty rate, or an annual fee. ever. go to citi.com/simplicity to apply. are proven to be effective pain relievers tylenol works by blocking pain signals to your brain bayer back & body's dual action formula includes aspirin, which blocks pain at the site. try the power of bayer back & body.

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an international political figure, accusations of abuse of

power, an exotic dancer with the nickname ruby the heart stealer. not a bad made for tv movie on lifetime. it's the trials of silvio berlusconi. today he was sentenced to 7 years in prison for having sex with an underaged prostitute and for using his political power to get her out of jail. berlusconi denies the charges saying it's absurd that he paid for rapport with a woman. i spoke with ben wedeman earlier. ben, the details of this case are tawdry to put it mildly, this all began at one of those infamous bunga-bunga parties that berlusconi used to throw, correct? >> that's correct. and he always insisted that these were elegant parties in good taste. certainly the details that have come out during this trial point to something quite the opposite. they point to basically call

girls being hired to perform at these after dinner parties, in the so called bunga bunga room, where some of them dressed up as obama and engaged in semi-erotic fondling of one another for the pleasure of the guests. the details point to a far less elegant and good taste event than mr. berlusconi has insisted all along. >> wow, that's quite a visual there. this ruling, what does it really mean? does it effectively end his political career? >> well, mr. berlusconi really for the last 20 years has been battling one legal case after the other. this certainly in terms of the details is beyond compare. but he's faced charges of tax fraud, tax evasion abuse of power while in office., abuse o

power while in office. certainly he seems to get through it all with the help of a very well paid and capable legal team. but this time around, things may be coming to a head. it's not just this case, there's a case of tax evasion, where he's already been convicted. he's gone through one appeal. in the italian system, every initial verdict is followed by two appeals in this case, in this tax evasion case, his final appeal comes up later this year, and it's widely believed it will be upheld by the courts and he could end up spending time behind bars, certainly he is the ultimate survivor in the italian political arena, and today he came out reacting to the verdict. he said i will not give up in italian. people take that vow very seriously. >> is he still popular in some

quarters? over the years he's remained a popular figure in italy. >> he's a very charismatic person. if you go to his speeches, you see a lot of people nodding in agreement with what he says. what's interesting, there's no italians who have a neutral opinion of silvio berlusconi. many come out and vote for him in election after election. >> we'll see if he goes to jail. ben wedeman, thanks. let's get caught up on some of the other stories we're following, randi kaye has a 360 news bulletin. >> the health of nelson mandela is not good. officials say the condition of the former south african president has worsened over the past day. he is in a pretoria hospital being treated

for a lung infection, he is 94. james gandolfini's body has been returned to the united states. he died of a heart attack in rome last week. a funeral service for gandolfini will be held thursday in new york city. the provincial government in alberta, canada has pledged $1 billion to begin cleanup efforts from last week's devastating floods. cities and towns across southern alberta were inundated with water, tens of thousands were forced to evacuate their homes. at least three people were killed. rusty the red panda is back home tonight at the national zoo in washington. somehow he got out of his enclosure and disappeared. rusty was found a mile away from the zoo. no word how he slipped away. believe it or not, officials are so puzzled, they're so determined to find out, they're going to check the surveillance camera just to find out. >> all right. >> pull the footage. up next. day one of george zimmerman's long anticipated trial, the courtroom is packed. which side scored more points with their opening statements.

some surprising moments, dramatic moments in the opening statements. the defense ended up apologizing to the jury for something they said. we'll tell you what it was ahead. helping business run ♪ ♪ trains! they haul everything, safely and on time. ♪ tracks! they connect the factories built along the lines. and that means jobs, lots of people, making lots and lots of things. let's get your business rolling now, everybody sing. ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪ identity thieves. they can find your personal information and do some serious damage.

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crime and punishment tonight. the trial of george zimmerman began today with an f-bomb and a knock knock joke. then an molg -- apology for the

knock knock joke. zimmerman is accused in the shooting death of trayvon martin. he was a neighborhood watch captain when he shot martin. he doesn't deny pulling the trigger, the case hinges on why he shot trayvon martin. zimmerman claims it was self defense. a jury of six women will decide the case. on day one they heard the prosecution describe sharply different versions of the defendant here's martin savid, savidge. >> reporter: 16 months after the shooting death of trayvon martin triggered a national outcry. the prosecution opened its case against george zimmerman by dropping the f-bomb. >> good morning. [ bleep ] punks they always get away. those were the words in that grown man's mouth as he followed in the dark a 17-year-old boy who he didn't know.

>> reporter: the prosecutor sometimes profane, sometimes soft spoken, laid out the second degree murder case against zimmerman, portraying him as a foul mouth police want to be. >> this defendant riding around in his car. not with candy, not with fruit juice, but with a 9 millimeter semiautomatic pistol in a ready to fire position. >> the state maintains that zimmerman fixated on martin in part because of the teen's race and began following him before finally confronting him. >> he profiled him as someone who was about to commit a crime in his neighborhood. and then he acted on it. >> he graphically described the last moments of martin's life as the teen's parents sitting just rows away could be seen wiping their eyes. guy describes zimmerman's

claim of self defense as a tangled web of lies. >> we are confident at the end of this trial you will know in your head, in your heart, in your stomach, that george zimmerman did not shoot trayvon martin because he had to. he shot him for the worst of all reasons, because he wanted to. >> the state's 30 minute presentation was in stark contrast to the defense's opening statement, which lasted almost three hours. and surprisingly, began with a joke. >> knock knock, who's there? george zimmerman. george zimmerman who? all right, good. you're on the jury. there wasn't a single laugh, just silence. >> nothing? >> attorney don west using photographs, walked the jury through the defense team's time line, including the 911 call which captured the fatal shot.

>> what is your position -- >> just heard gunshots. >> defense painted martin as the one who viciously attacked zimmerman, lunging from the darkness. >> trayvon martin decided to confront george zimmerman. instead of going home, he had plenty of time, he had -- this is what, 60, 70 yards -- plenty of time, could have gone back and forth four or five times if he wanted to. >> for the six member all woman jury, day one of the zimmerman trial was two different versions of the same tragic night, delivered two very different ways. martin savidge, cnn, sanford, florida. >> i can't believe the knock knock joke. let's bring in sunny hostin and mark geragos.

jean casarez, mark geragos. how damaging was this knock knock joke? for a defense attorney, normally doesn't have to apologize to the jury in the opening statements. >> look, having used humor in the courtroom quite a few times, sometimes working, sometimes not, it's not damaging at all. it's embarrassing, you're mortified. you wish the joke had been better. you notice he did get a little bit of a laugh when he said, hey, nothing. it's all going to be forgotten in the wash. i understand people want to make a big deal out of it, but i don't think it matters. jury composition is what matters in this case, i think ultimately, the opening statements by both sides laid out their case. i think exactly the way we expect it's going to be, but as i said, last time you and i talked about this, i think the dye is cast here based on the jury selection. >> sunny, you were sitting in the courtroom, you said it was painful? >> it was painful to watch.

and i -- you know i love mark geragos, but he's dead wrong on this one. as i was sitting in the courtroom, and i heard that inappropriate joke, and i heard it fall flat, i looked directly at the jury, and there wasn't a smile, there wasn't a chuckle, in fact they looked offended to me, anderson. it was in stark contrast to the state's opening statement. i don't think i've ever heard an opening statement that good, that succinct. we're talking about 32 minutes as opposed to almost three hours. the defense has a voice that almost lulls you to sleep. i saw two jurors kind of closing their eyes. i think in the end it will be harmful to the defense. it is not the way to start a jury trial at all. >> jean, you also spent the day in the courtroom. what did you think? >> i think there were a lot of shocks and i always say let's look at the facts. the way the prosecution started out their opening statement, i jumped because it was so

passionate, so direct going to that state of mind of george zimmerman, and then segued right into the defense opening statement and that was shocking too. but i think with the defense, they moved on, and they were meticulous in trying to show the defense point of view here. the time line of the nonemergency 911 call, it's going to become critical. either there was time for george zimmerman to continue to follow trayvon martin or as the defense says, bit by bit, he did not follow him after that initial nine seconds. >> mark, there was a moment when the 911 call was going to be replayed where trayvon martin's mother got up and left. apparently all eyes were on her, as she did that, the defense tried to get trayvon martin's parents barred from the courtroom, saying they're potential witnesses. there's an exception to that rule for immediate family of the victim. how much effect could their presence have on the jury? >> it has an enormous effect. one of the things that's

happened over the last couple decades is through the victim's rights movement, is to get exceptions put into the law, and into the court rules to allow the family to be there, and to have that kind of impact, if you will, literally throughout the trial on the jury. so it has an enormous impact. i will tell you, though, if the family continues to stand up and absent themselves in front of the jury, you will see the defense object to this, you'll see the defense ask that they be excluded for any particular witness. or have the judge exercise discretion in terms of barring them from the courtroom. you're not going to be able to defense stand by mutely while it happens. >> sunny, you believe the prosecution was effective today, especially for an all female jury? >> no question about it, this prosecutor looks like a young kevin costner to me from that movie "no way out." i was looking at him, and so were all the female jurors, they were riveted, they couldn't look away.

i couldn't look away. you combine that with this really effective courtroom style, and i think what was so surprising, at least to me, i've been there since jury selection. this was a prosecutor that was sort of in the background. we've always heard about bernie, always there, and assumed he would take charge. this john guy came out of nowhere, and really stole the show. i think it was a home run for him today. >> we're going to leave it there, mark geragos, jean, thanks very much, sunny as well. up next, a new twist in the irs scandal, who else they were targeting, and the latest company to drop celebrity chef paula deen. i want to make things more secure.

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check in with randy kaye in the 360 bulletin. the term progressives was included on irs screening lists of tax exempt applications. and the supreme court sent the race based admissions policy back to the lower court. they sidestepped a sweeping decision on hot button issue. that affirmed use of race in admissions process making it

harder for them to use those. and smithfield foods drops paula deen. they condemn the use of offensive, discriminatory language. last week, paula deen, popular southern chef admitted to using racial slurs in the past. anderson? >> all right, thanks very much. programming note, tomorrow on new day, paula deen's sons speak with chris cuomo for the first time about their mom 6:00 a.m. tomorrow. new day. be right back. ♪ 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? ♪

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on the planet, nsa leaker, edward snowden. rudy giuliani is here live to tell us what we should do about countries that help snowden. also, dr. oz in the chair. why james gandolfini's death should be a wakeup call to the rest of us. blockbuster opening day, why we can't let you hear what the prosecutor said in the trayvon martin case today. >> [ bleep ] punks, they [ bleep ] always get away. >> shocking developments in the george zimmerman trial. and is this toy gun too realistic? the man who invented it is on the grill tonight.