>> let's get the supreme court historic ruling. this morning both sides in the contentious issue are back to work. the ruling only settles some aspects of the debate and opponents are rallying to make sure same sex marriage doesn't become the law of the land. joe jones is here. where do we go from here? >> reporter: now that the supreme court has weighed in the question is what happens next? in the short term it's about how long it takes before couples start getting married in the state of california but longer term it's about what this means for the marriage equality movement. all night and even into this morning celebrations for historic ruling. while others denounce what they call the death of traditional values. emotional reactions following a

pair of supreme court decisions giving the same sex marriage movement its biggest victories to date. the court striking down parts of the defense of marriage act that denies benefits to legally married same sex couples and allowing same sex marriages to resume in california. but what now? >> we will continue to fight in the states where we've won 37 times out of 40 ballot initiatives. >> reporter: one of the lawyers that led the case for same sex marriage at the supreme court says bring it on. >> in five years our goal is to have marriage equality throughout the country. >> reporter: polling shows support for same sex marriage has grown over the years. 55% of the respondents supported it. two years ago that number was 51%. four years ago it was far less. but there's still a long way to go. as of now 12 states and the district of columbia has voted to allow same sex marriage opinion 36 states expressly

forbid it. battleground california has voted for it and against it but now the supreme court has declined to rule on proposition 8, clearing the way for couples to start getting married there. >> there's no doubt whatsoever the bells will ring and the marriages will begin. >> reporter: both sides in this battle have plenty of money and are highly motivated and been doing this for years. you haven't heard the last over the fight on same sex marriage. over 1,000 federal benefits were affected by the restrictions of the defense of marriage act. the administration and its officials are saying they want to move quickly to put the new ruling into effect. thank you. the rulings that hit close to home. for many americans regardless of their sexuality including the cleveland justice himself, john roberts' cousin and her partner can now get married thanks to the ruling on california's proposition 8, a cousin of the chief justice. both women spekd last night with

cnn's anderson cooper. >> your cousin, dismissed on procedural grounds mean you can get married. how do you feel? >> i'm so excited. i have told everybody that i was expecting this, but it's still a shock. >> jean, you said a few months ago you know your cousin chief justice is a good man and wise enough to see where the tid of equality is. on the doma case your disappointed? >> i am. i was completely stunned by the split, but i'm sure this is just in keeping with his conservative beliefs. so, i want to take this still as a win. >> what have your conversations been with like with him over the years in terms of who you are, your relationship, have you had those conversations? >> we only see each other at

family functions. it's hard to say hi john nice wedding cake i'm gay. it's not easy to have that conversation. i have come out to him. i can't say we've had these conversations back and forth about how does he feel about me being gay. >> the majority opinion in the doma case based on equal protection grounds sets the stage for another case one asking for a national right to marriage equality in all 50 states. do you believe that he could come around by the time the court might revisit the issue? >> even john has used the word sea change several times. and i do believe that the next time this comes before the court it will be two years, four years, i hope he grows to accept the sea change that he has talked about himself. president obama is in senegal this morning promoting democracy and business but

looming large is south african nelson mandel gentlema who is e will. brianna? >> reporter: good morning to you chris. the president's itinerary remains the same going from senegal to south africa and then t tanzania. the white house is monitoring news of mandela's health very carefully and no doubt, they are making room for contingencies and we expect when the president heads to south africa we can see the tone of some of his events change. this morning he's on schedule meeting with the president. he'll then give a press conference with the president.

and visit the supreme court of this nation before heading to gory island. his message here in africa is one about the economy but he chose senegal because it's an example of a democratic nation in africa. the president replaced an incumbent who tried to change the constitution to serve a third term. that obviously wasn't successful so president obama emphasizing rule of law and democratic principles here in senegal today. >> thank you very much for the report. as we've been watching it was a dramatic day in the george zimmerman trial. one witness taking the stand, the last person to speak with trayvon martin. 19-year-old rachel gentel was on the phone moments before he was killed. her testimony could be key for the prosecution and she faces more cross-examination again this morning. let's get a wrap up of everything we know so far.

>> reporter: she came across as raw, she seemed uncoached and every word and every action could have a great impact on the outcome of this case, but given her answer to some of the questions yesterday, the question now, will this jury believe her? she's the last person to have spoken to trayvon martin on his cell phone the night he was fatally shot and killed. a key witness to the prosecution, whose testimony took various turns throughout the day. at first rachel became emotional when questioned about why she lied saying she was in the hospital and couldn't go to her friend's funeral. >> i didn't want to see the body. >> you didn't want to see the body? >> no. >> reporter: she said martin used racial slurs like the n-word to describe the man following him. >> he said the man looked creepy. >> reporter: creepy. she says she told martin to run

but then the phone went dead. when she called him back she said martin told her he was still being watched then confronted. >> he said why your following me for. and i heard what are you doing around here. then i heard trayvon saying get off. >> reporter: then the tone of her testimony changed. at times having attitude afghanistan become questioned by attorney don west. >> i had told you -- you listening. >> reporter: the 19-year-old admitted she lied about her age claim took 16 at the time of the shooting because she didn't want to be questioned. she says she didn't call police to tell her account because she expected police to contact her like they do on the tv shows. then there's the issue of the

audio recording, the witness made with the attorney who represents trayvon martin's family. she admitted to defense attorneys she made the recording hastily and didn't really want to do it. >> you didn't take it seriously? >> nope. >> reporter: at the end of court yesterday she seemed a bit annoyed when she learned from attorney don west she would have to return today and the questioning, kate, could take another couple of hours. >> another couple of hours. she definitely did look annoyed at times. thank you so much, george. i want to bring in cnn legal analyst sunny hostin. she's been following this trial very closely and also a former federal prosecutor. good morning, sony.

>> good morning. >> a lot to talk about and what happened yesterday. i want to get your big takeaway from day three especially rachel gentel. >> i thought she was certainly credible. i thought she was believable. there was no question she was be emotional. she was raw. i don't know she appeared she was coached. i thought bottom line is she did help the prosecution. she is not the only witness, those to contradict george zimmerman's version of events, but when you look at it she's the fourth witness. so even if the jury doesn't believe one or two pieces of what she has to say, everything she is saying has been corroborated by other witnesses, and so when you look at it one context, i think that she really did pretty well for the prosecution. >> i did want to get your take there because it's been described -- her people describing she was a tough witness. she is young.

it was a raw testimony. and she was difficult to hear at times which caused some issues in the courtroom. do you think the prosecution was happy with what she offered? >> you know, kate, as a prosecutor you get what you get. she was the last person to speak to trayvon martin. sure, i'm sure the prosecutor may have preferred having someone a bit more eloquent, but you get what you get. given the fact that yes she was raw, given the fact she's young, given the fact she may appear to emotional and a bit combative, she still is who she is and in relaying what she had to say i thought she was credible. >> what should we expect from further cross-examination today? as george mentioned there could be a couple more hours with rachel on the stand. >> yeah. i think we'll see fireworks in the courtroom. she isn't a shrinking violet.

she will not back down from don west. this is not their first encounter. she's been deposed. i think reluctant witnesses, witnesses that don't want to be there, witnesses that are not necessarily polished, professional witnesses that don't appear that they want a book deal or anything like that, i think jurors believe them. jurors don't want to be there either. this is a difficult thing to do, get on the witness stand with all this media coverage and talk about something this difficult. i think even given the fireworks, i think that the jury will empathize with her. >> how big of a loss stoit the defense that the judge decided to allow those previous calls in the months prior to this incident, previous calls from george zimmerman to the police, how problematic is that? >> you know, i think it's very problematic for the defense. i think it's significant that

the judge let the -- i knew they were coming in because they are relevant to state of mind. remember this is a second-degree murder case and you have to get into the defendant's mind. when you look at all of those repeated calls to 911 or to 311 he says over and over again, african-american, young male, they are suspicious. that tells a judge that perhaps there's some sort of pattern into what he was thinking, was he thinking that trayvon martin was suspicious simply because all of these other incidents showed that, you know, african-american males were in the neighborhood being suspicious? i think that the defense has a hurdle to get over. >> all right, sunny, we'll talk a lot more with you on this in the coming hours. stay tuned we have a lot more on the george zimmerman trial. we'll talk with nancy grace and vinnie politan and jose baez. i wonder if the defense will try to spin it he was a concerned

citizen in this neighborhood. >> there's no question. i think 911 tapes, the emergency call tapes that came in yesterday are going to be the first swing of play, the prosecution thought it was for them, i thought they played just as well for the defense. you'll hear people much better saying why. zimmerman is just one story in the lineup this morning. lots of news to get to. >> good morning to the 2005 you. good morning at home. an f-16 fighter jet goes down in suburban phoenix. both pilots ejected safely. they suffered minor injuries. no word yet on what caused that crash. new this morning an american businessman being held hostage by his employees in china is now free. chip starnes said he reached an agreement with 97 of his workers. he's been trapped inside the

beijing factory for six days. new developments in the search for edward snowden. the justice department responding to hong kong saying it met all legal requirements and called hong kong's request or clarification on edward snowden's full name an excuse. and someone using his screen name didn't always support openness dating back to 2009 are critical of leakers. the hits keep coming for paula deen. two more companies have parted ways. walmart will no longer carry her line and cesar's entertainment which operating paula deen themed restaurants are ending their relationship with her. in deen's first interview, she admitted she used the n-word in years ago but insists she's not a racist. >> a cool sight off the coast of san diego.

thousands of dolphins swimming together at a huge mega pod. they have been spotted for several days. some folks lucky to see them in experts. dolphins are following their food to shallow water. such a cool sight. >> think if you're in that boat. >> that goes by. >> at least it's dolphin. >> as a fisherman one of the favorite mixed moments. but any fish are scrambling. >> competition for the fishermen. >> coming up, aaron hernandez held without bail in a case what police call cold-blooded murder. we're hearing for the first time from michael jackson's oldest child prince in the wrongful death suit against aeg live. what his father feared most about his come back concerts.

i want to make things more secure. [ whirring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ where we've switched their fruits and veggies with produce from walmart. it's a fresh-over. that's great. tastes like you just picked them. so far, it's about the best strawberry i've had this year. walmart works directly with growers to get you the best-quality produce they've ever had.

all this produce is from walmart. oh, my gosh. i'm shocked. [ laughs ] i know where i'm going to be shopping for strawberries now. find fresh berries and all your quality produce backed by our money back guarantee. walmart.

...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.

welcome back to "new day." there's a huge development in the aaron hernandez case. the patriot football star charged with first degree murder. prosecutors say he orchestrated the execution of his friend and insisted he be held without bail. cnn alina cho has the latest. what do we know? >> reporter: chris, good morning. what a difference a day makes. aaron hernandez is waking up in a single person jail cell this morning. no longer a free man. a little more than a week ago he was simply a star football player and today he stands accused of murder. stone-faced and silent, only briefly wiping his brow, aaron hernandez made his first appearance in a massachusetts courtroom wednesday, arraigned on first degree murder. >> the evidence will show the defendant had motive, means and

opportunity to perpetrate the crime. he orchestrated the crime from the beginning. >> reporter: prosecutors laid out in detail what they believe happened on june 17th, in the hours before a jogger found the body of 27-year-old odin lloyd. a semi pro football player and fend of hernandez shot in an industrial park less than a mile from hernandez home. hernandez and lloyd dated sisters. surveillance video taken from hernandez owes own home security system showed the player with a firearm. that cell towers tracked his moments. text messages showed he picked up lloyd from his home. that additional surveillance video captured the car arriving and leaving the crime scene. and that shell casings found there matched shell casing found in the rental car. as for a motive -- >> two of them had gone to a club on friday night. ended up spending the whole night together and there were

certain things that happened during the night that he was upset about and now didn't trust the victim. >> reporter: this photo obtained by tmz shows hernandez holding what appears to be a glock handgun in a photo he took of himself on his cell phone. it's not clear when the photo was taken or if the weapon is in any way tied to the crime. >> it is a circumstantial case, it's not a strong case. this defendant comes to court without any record. never been accused of a violent crime. >> reporter: a dramatic fall from grace who less than a year ago signed a contract extension worth as much as $40 million. the patriots have released hernandez and the nfl calls the case deeply troubling. aaron hernandez will get no special treatment at the jail behind me. in fact on the dinner menu last night. chop suey, green beans and a

slice of bread. he'll be treated no better or worse than any other inmate. one other note. the nfl and the patriots have already stopped selling the aaron hernandez football jersey. in fact, we're told they have already been yanked from the shelves. >> that's the least of the deprivations he has to worry about. >> shows just how quickly things change. let's get straight over to the "weather center" on what you need know before you head out the door. >> good morning. speaking of things changing. gorgeous weekend last weekend. rain headed our way. you can see where the cold front is. not too hard to tell. you can follow the line of storms from ohio to alabama and you're talking about rain. unfortunately it's moving east. we have this warm moist heat coming from the gulf. thunderstorms. unfortunately doesn't look like they are going anywhere. heavy rain really heading to the northeast for the next several

days. three to five inches of rain. heavy rain we're dealing with not just in the northeast. moderate rainfall extending down to the southeast. that's the story as we go through the weekend. not what we're looking for but it's better than the ridge of high pressure that's building in the southwest and bringing very dangerous heat to that area. a lot of record breaking temperatures will be out there, even in vegas, a lot of people spending their weekend in vegas talking about temperatures going up as high as 117 by this weekend. even hotter than that once we go to places like death valley, 120 to 130. >> if you're in the east plan indoor activities for the kids. >> raining in the east, hot in the west. we have to get to christine romans for the business news. >> i got sunshine. my forecast is sunshine on wall street. futures higher right now after a strong showing yesterday on wall street. it was the dow's 14th triple-digit move out of the last 18 sessions in june.

i want has been wild. the dow closing up about 150 points yesterday the nasdaq, s&p 500 also posting significant gains. really important student loan news. a compromise could be in the works to head off an increase in student loan interest rates. those interest rates set to double in four days. today democrats are going to hold a press conference to discuss ways to keep theate from rising to 6.8%. there's indications both sides might be willing to reset rates retroactively if they can find a solution before the july 1st dead lynn. it's worth about $5,000 for students over the lifetime of their loan. >> how can the banks borrow money for free but our students, our future may have to borrow at 6% or 8%. >> these are government set loans. that's a very good points. some democrats have said we want student loan interest rates to be the very same as what banks borrow which would be interesting. >> i like how politics get

involved. >> we'll see how the politics plays out. the gloves are off between men's warehouse board and zimer. last week he was fired. he sent an open letter the board is trying to portray him as an obstinate ceo. board refused to discuss the topic and took steps to marginalize and silence me. this is so rare. it's so public this fight -- a founder of men's warehouse. fighting back and forth these duelling press releases. >> some people follow boards and corporatio corporations. this is playing out in the media. >> learn some lessons there. we love it's money time. coming up next on "new day" dramatic and revealing testimony from michael jackson's oldest son prince in the wrongful death suit against aeg live, how it

can affect the outcome of the case. have you leader the latest on justin bieber? they say the pop star is being sudden by a member of paparazzi. some martial arts move. a karate move. what did he do? he sounds so sweet. listen to that sweet voice. (girl) what does that say? (guy) dive shop. (girl) diving lessons. (guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that. (guy) i caught a falcon. (guy) you could eat a bug. let's do that. (guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru. ♪ hooking up the country whelping 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? ♪

s. hope the morning is going well four. welcome back to "new day." i'm chris cuomo. >> i'm kate bolduan. where is michaela pereira. >> it's june 27th. coming up, michael jackson's son gives powerful testimony about his father's final days and biggest fears about his concert series. >> you heard his sweet little voice coming in there, justin bieber love to listen to him. one paparazzi said he got attacked by him using martial

arts move. lots of other news. >> good morning. make being news same sex marriage getting a major boost from two historic decisions. there are still many questions however surrounding the rulings. the high court striking down part of the defense of marriage act which will extend more than 1,000 married six couples. it lacks a national mandate. gay marriage fights will continue through ballot initiatives and courts. in george zimmerman's trial, cross-examination of ratify chel gentel continues. zimmerman's defense continues to bring her honesty and credibility into question. in testimony yesterday she said martin described zimmerman as creepy. kimberly mccarthy earned a

unusual distinguished. she was put to death last night for killing her elderly neighbor. a funeral service for james gandolfini will be held this morning in new york city. new jersey governor chris christie will be there. family members held a private wake last night. in the ultimate tribute to the actor last night at 8:00 eastern the lights on broadway went dark to honor james gandolfini. justin bieber sued by a paparazzi. he accused him of attacking him. he said peeb engineer differed a martial arts kick. his girlfriend then and a woman standing nearby urged bieber to stop the attack. bieber's camp has not commented. >> it's tough. the reason i say he has a sweet voice, he does. there's a lot of young people i

got them in my house who look up to them. he's young. owes growing up in the spotlight. but he has to remember he has people looking up to him. >> i'm not saying anyone should be violent with anybody. could you do it? i could not grow up with the cameras in-your-face. >> how close the paparazzi are getting close to family and friends of these stars. it's an odd relationship to say the least. >> but still you have to be in control. >> paparazzi are tough. but he's a role model. we hope there's better news. prince jackson has testified in his father's wrongful death trial. the pop star's eldest son said he was afraid the this is it concerts would kill michael jackson. the jackson family is suing the promoter saying they pressured jackson's doctor to take risks with his health. >> reporter: they are going to kill me, they are going to kill

me said prince jackson. words spoken about his famous father in tears he claim after speaking with aeg executives. >> for a young man who lost a parent, who was so close, to come to the courtroom and testify under cross-examination of these lawyers i think it was miraculous. >> reporter: prince, his siblings and grandmother are seeking billions for the wrongful death of the pop star in 2009. the 16-year-old testified they found out about his father's death when conrad murray said sorry kids dad is dead. prince testified his father put masks on them as kids so no one would know what they look like so they could have a normal childhood. the pictures meant to show how good a father michael jackson was and what his kids have lost. the key issue, who hired and

controlled dr. conrad murray, convicted of involuntary manslaughter in the death of michael jackson. prince michael only 12 when his father died testified he saw murray paid in cash. aeg lawyers contend it was michael jackson paying the money. >> the only piece of critical evidence that came out that the only person paying for dr. conrad murray was michael jackson. >> reporter: aeg is expected to present its case next week. coming up next on "new day" inside the moscow airport where nsa leaker edward snowden is still hiding. surprising new information about how snowden reacted to whistle blowers that came before him. >> a new plan to get junk food out of schools. we'll tell you which foods are flunking. i want to make things more secure.

[ whirring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ caeverybody has differentdo... ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out of 10 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. a meal like thiso save on fast from walmartd dinners. costs less that $3.50 per serving.

and if a family of four like yours switches out fast food dinner just once a week you can save over $690 a year. unbelievable. it's believable. save on a kraft dinner backed by the low price guarantee. walmart

welcome back to "new day." let's take a quick trip around. they are watching and waiting in

south africa where national he o o nelson mandela is on life support. a memorial has sprung up outside pretoria hospital where former south african president nelson mandela has been hospitalized. the former leader is now on life support. these are anxious times for south africans who have been laying out their feelings for their information leader throughout the past days leaving pictures, balloons, cards and tributes telling him how much he means to them. they anxiously await any information on his condition. we also know late wednesday that current president has cancelled a trip to neighboring mozambique. back to you. now let's go to moscow where nsa leaker edward snowden is said to still be in an airport there but no one has found him. >> reporter: is edward snowden

here in the transit lounge of moscow airport? i haven't seen him and there's a lot of reporters over the past couple of days. he could be in a vip lounge or diplomatic lounge. if he comes out he could always use burger king and get a taste of home. kate, back to you. jim, thanks so much. in brazil a soccer game was the scene of the latest violent clash between police and protesters. we have more on the anry anti-government demonstrations. >> reporter: it was supposed to be about the soccer. federation's cup was marred by viles. police had to use tear gas to disperse them. brazilians have been protesting against the government accusing them of spending too much money on the world cup and not enough on health care and education. kate, back to you. thank you.

>> you know why i love wimbledon. you get a chance to see that face off between roger federer and -- not this year. why did you do this to me at wimbledon. >> the big names is dropping like flies this year. two days after rafael lost in his opening match, roger federer was upset in the second round, he fell in four sets to the 116th ranked player in the world. it snaps federer's amazing streaks of reaching the quarterfinals. the upset didn't stop there. they kept on coming. third seeded maria sharapova had a hard time staying on her feet and had to receive medical

treatment before losing her set. we're not going to get to see that sharapova/serena williams final we've been looking forward to after that spat right before wimbledon. >> we'll call it a spat. >> still young people p.m. you get old in sport fast and injuries take a toll. as athletes it gets harder for them. they are far superior to me but age matters in sports that's why when you get the fresh crew in it's so important to switch to the nba. thank you very much. we'll find out who the next generation of stars could be? >> that's right. nba draft is tonight. and ten years ago the cavs made lebron james number one pick. no lebron james type players. alex lynn out of maryland another one out of indiana and another one out of kentucky.

cavs could make a trade. coverage all gets going tonight at 7:00 eastern. >> tell us about the champagne finish that the nhl hockey mvp gets? >> yeah. when you win a professional championship you have to make the round on all the talk shows. patrick kane was on david letterman. letterman told him to parade the cup down broadway. he'll pose for the camera. check out what happens to him. oh! that stanley cup could use a little wash. >> don't know if he was more upset. >> business on the sides. party out back. >> called hockey hair. >> andy, thanks so much. great to see you. coming up next on "new day"

paula deen's latest tearful apology may not be working. we have funny for you. steve carell is here. the "despicable me" sequel and the "anchorman" sequel. (girl) what does that say? (guy) dive shop. (girl) diving lessons.

(guy) we should totally do that. (girl ) yeah, right. (guy) i wannna catch a falcon! (girl) we should do that. (guy) i caught a falcon. (guy) you could eat a bug. let's do that. (guy) you know you're eating a bug. (girl) because of the legs. (guy vo) we got a subaru to take us new places. (girl) yeah, it's a hot spring. (guy) we should do that. (guy vo) it did. (man) how's that feel? (guy) fine. (girl) we shouldn't have done that. (guy) no. (announcer) love. it's what makes a subaru, a subaru.

president obama personally called and talked to two lesbians who helped legalize gay marriage on the docket. pre-sales of paula deen's cookbook have skyrocketed. apparently america's distaste for racism is trumped by bacon. the only n-word they use in the book is nutmeg. >> butter. >> that's not an n-word. who did you like. >> i won't judge the funny. >> lukewarm on both. >> i was sitting there and didn't giggle either. >> i'll go with jimmy.

we're kick off 30 minutes of commercial free news. let's start with our political gut check. >> we'll start with the senate looking to finally pass an immigration bill by the end of this week, but not the senate people have been worried so much about. cnn's chief national correspondent john king is here to break it down for us. i keep hearing from people in the senate, senators themselves what they are trying to do with racking up these big vote counts is they are trying to build momentum when they send this to the house. do you sense momentum? >> yes and no. good morning to you. the key test votes in the senate 67 votes, 69 votes, this may sound silly but on final passage it would be a huge boost for the bill if they can get over 70. if they can get over 70 they are picking up one or two more conservative senators who have been objecting to provisions in the bill. when it gets to the house here's the question. the national republican party interest is to pass this bill, make improvements but pass this

bill so they can put behind them their problem with latino voters. if you look at the map. red congressional districts the red house districts in the united states of america, most republicans not all but most republicans represent white america and they represent conservative white america so those individual house members don't feel the pressure to support this bill that many people who have to run statewide do in the senate or people thinking about running for president in 2016. >> it's considered tough votes, the pressure needs to be there and it has to come from their districts. let's talk future presidential politics. governor chris christie doing a pretty interesting interview with a new jersey radio station. let's listen to this. >> i'm not going be hillary clinton, okay. i'm not going to be a cubs fanny whole life and then when i run for office in another state pretend i'm a yankee fan. i don't think there's anything in sports more reprehensible than that.

you're a fan of who you're a fan of. people can tell a lot about people who change their loyalties to sport teams. if they won't be loyal to a sport team why would they be loyal to you. >> ouch! i know it's a tough topic for a die-hard red sox fan like you but what's the deal with the sports loyalty jab? >> if christi runs for president we'll be doing this every morning. he says what you thinks. remember the new york yankees general manager response to a-rod that's what hilary wishes she could say to chris christie this morning but she can't. look, this is part of who this guy is. look, christi/hilary match-up would be fabulous. but he's just trying to get at the fact you can't believe, your can't trust who she is but he's being himself as a fan and this the christi being christi. he's an entertaining guy. >> let's go from inside politics to the outside, things going on that affect people that have to

be focused on. students loans. we've been talk become it here on the show. we hear there may be a compromise. give us the latest and the sense whether or not people get what they are playing with here down in washington? >> that's a great question. great way to put it. we were just talking about republicans trying to make inroads, put away their long history of problems with latino voters and younger voters. the president of the united states, the house leadership and senate democratic leadership want to get this done. they say they don't want these interest rates to go up. they all have different plans. trying to work out the difference is a problem. the house has dug in our heels saying our way is better than your way to the senate. there's a great urgency to get this done. the devil is in the details. who will blink in the sense will something temporary happen? the new senator from massachusetts, elizabeth warren, she has a one year band aid fix. watch for something like that to

come up. when people look at weaker this is what from us traits them. if everybody says they don't want these rates go up why can't they figure it out. >> could not have said better. >> who is pushing to make them go up? which is a little bit of the story behind the story. thanks very much. you hear it? yep. that music means it's time for the rock block, a quick round up of stories you'll be talking about today. >> let's start with the "new york times" delta airlines being find $750,000 for its over booking practices. delta bumped some passengers without asking for volunteers first. in a "new york daily news" the city council overriding mayor bloomberg's veto of paid sick leave. businesses with 15 or more employees will have to provide up to five paid six days a year. from the "l.a. times" hundreds of chimps that were used for research are being retired. they are expected to be released into the federal sanctuary

system. time for the business news. christine romans is here. >> look this morning we're looking for another rally in stocks following a strong performance wednesday. economic growth in the first radiator slowed but that's a sign the fed might keep propping up the economy. can a big chair and big desk make you cheat? the bigger the chair the more powerful people feel the more likely they are to cheat and steal. >> what? >> yeah. >> thank goodness my chair is small. >> they buy us the chair so they are all the same place. >> you play changing the way it makes greek yogurt. yogurt wars. >> let's go to the "weather center". >> before i give you the forecast that changes after i give the forecast and it's all

about highs and loss. we see the jet stream looking like a roller coaster. weather of extreme. out in the northeast to southeast we'll be talking about rain and yes heavy rain as we go through the weekend and out west we're talking about huge heat wave. temperatures that only happen once every ten years. temperatures soaring close to 130. i hope you still like me now. >> we like you despite your forecast. >> thank you. >> thank you so much. we're at the top. hour which means it's time for the top news. i feel both joy and joy. >> historic decision. same sex marriage gets a boost but the battle is just beginning. both sides gearing up this morning. so what happens next? raw emotion, dramatic testimony from trayvon martin's he friend, what she said that could help the gays against george zimmerman and what about

those ice glares to the defense attorney. paula deen's apology doesn't stop walmart. your "new day" starts right now. what you need to know. >> and then i just told him, um. >> i will forever be your captain. >> this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome back to "new day." it is thursday, june 27, 2013. i'm kate bolduan. >> i'm chris cuomo. here always with our news anchor, michaela pereira. >> you tried to do james earl jones. >> it's 7:00 in the east. we're in the middle of 30 minutes of commercial free news. coming up this hour we look at

raw testimony in the george zimmerman trial. trayvon martin's friend talks about his final moments and the confrontation that ended his life. take a listen. >> now the [ bleep ] is following me. and then i just told him um. >> twhofs afwresor. was she believable. we'll break it down with you with unanimous sip grace, vinnie politan and jose baez. >> and changing your kids' snacks. a dramatic overhaul of school foods, school snacks for the first time in important than 30 years. we have the important details for you this morning. >> and coming up we got one of hollywood's funniest and nicest man in hollywood, steve carell is here to talk about his new movie "despicable me ii." historic ruling on same sex marriage opinion there's change

at the fed level. the battle now moves to individual states. joe johns is in washington with the latest. >> reporter: now that the supreme court weighed in on this question of what happens next on same sex marriage, in the short term sort of about how long it takes before couples start getting married in the state of california, but longer term it's really about what this means for the marriage equality movement. all night and even into this morning, celebrations for historic ruling. while others denounce what they call the death of traditional values. emotional reactions following a pair of supreme court decisions giving the same sex marriage movement its biggest victories to date. the court striking down parts of the defense of marriage act that denies benefits to legally married same sex couples and allowing same sex marriages to resume in california. but what now? >> we will continue to fight in the states where we won 37 times

out of 40 ballot initiatives and the states will continue to defend traditional marriage in overwhelming numbers. >> reporter: one of the lawyers that led the case for same sex marriage says bring it on. polling shows support for same sex marriage has grown over the years. 55% of respondents supported it. two years ago that number was 51%. four years ago it was far less. but there's still a long way to go. as of now 12 states and the district of columbia have voted to allow same sex marriage. 36 states expressly forbid it. battleground california has voted for it and against it but the supreme court has declined to rule on proposition 8 clearing the way for couples to start getting married. >> there's no doubt whatsoever the bells will ring and marriages will begin. >> reporter: both sides in this battle have plenty of money and

are highly motivated and been doing this for years. you haven't heard the last of the fight over same sex marriage. you don't want to forget what this was all about. over 1,000 federal benefits were affected by the restrictions of the defense of marriage act, the administration says they want to move quickly to try to put the new ruling into effect. >> that's right. until people of same sex get married in every state they will feel they are not completely equal. >> and will create a lot of confusion. let's talk more about all of this with our senior legal analyst. he's joining us from washington, jeffrey toobin. regarding the defense of marriage agent. the obama administration said they will move as quickly as possible to grant same sex couples the same benefits as

heterosexual couples. there's got to be road blocks. >> there are. there are a lot of complexities. think about, for example, couples, same sex couples in relationships that in states that don't have, that don't have same sex marriage. so, you have couples that move, married couples in massachusetts let's say who get married in massachusetts with who move to alabama. do they get federal benefits? do they get to file joint tax returns? these are the kinds of things that are going to be very complicated in the obama administration. they have to sort out all those rules and it's not going to be -- it's not a simple task. >> the justices in their majority opinion went further than many expected in striking down doma but still they did not go as far to say there's a constitutional right to same sex marriage. does that mean, does that tell you there's more legal challenges ahead? >> i think what was so extraordinary from justice

anthony kennedy's opinion he wasn't lot farther than he had to especially in his rhetoric and he really did almost invite challenges in those 38 states that don't have same sex marriage. he went up to the edge. he didn't do it but went up to the edge of saying there is a constitutional right in the united states to marry the person you love of whatever sex and that are the lawsuits that's on the horizon now. challenges in those states that forbid it saying that the united states constitution allows it. that is going to be challenge. those are challenges that will start working their way through the courts and be back in the supreme court before too long. >> also begs the question the defense of marriage act the majority opinion that struck down doma it sparked three different, i believe, dissenting opinions from three conservative justices. why three? >> the four conservative justice had a lot of objections to

justin kennedy's opinion and were in different areas of the law. but look, this is a very polarized court. up have five republicans on the court, you have five republicans appointee, four democratic appointees and anthony kennedy, as so often in the case was in the middle. in the voting rights case where they struck it down the day before yesterday he sided with his fellow republican appoint jeeps. yesterday he was with the democratic appointees. he determines the outcome of so many cases. good time to be anthony kennedy. >> or difficult time. we'll talk much more about that swing vote, justice anthony kennedy later this hour. jeffrey we'll talk with you later. >> the president was calling in from air force one to celebrate the victory with people. where he was going was africa. that's where the president is right now. he's holding a news conference in senegal. he's there to promote democracy and business investment bust

nelson mandela's failing health weighing in on the trip. what's it like there right now, brianna? >> reporter: good morning. president obama is on schedule right now here in senegal and his iti northwestern rary remains the same. he's supposed to be going to south africa and then to tanzania but nelson mandela's health very very much putting some things up in the air. the white house hasn't said it's going to officially make any changes but considering contingencies and closely monitoring mandela's health at this point. here in senegal he has begun a press conference with the president of the country. and he will today also go and visit the supreme court and then he'll go to a place called gory island a former departure point for slaves heading across atlantic. a very emotional visit there today. but his big reason for being

here in senegal is to highlight an example of democracy in africa, an example for other nations here on this continent. the president who he's having this press conference with now came into power after the president before him tried to change the constitution to take on a third term. so president obama talking about rule of law and using this country as an example. chris and kate. >> thank you very much. kate. russian officials say it's time for nsa leaker edward snowden to leave moscow airport. the airport that want he has called home for the past five days. apparently a flight just left and snowden was not seen boarding. this as new reports claim snowden wasn't always such a big fan of leakers. internet postings attributed to snowden said leakers should be in his word shot. barbara starr is joining us live from the pentagon. the cat and mouse chase continues. >> reporter: indeed.

that website has, indeed, posted the story using some material from 2009 in wip it says edward snowden supposedly using the screen name the true hula posted angry comments about the "new york times" reporting on potential cyber attacks or potential attacks against iran. snowden says in this website posting are they trying to start a war? they are like wikileaks referring to the "new york times". the answer back they're just reporting, dude. he goes back and says they are reporting classified. he's obviously at some point very angry about the concept of leaks, the irony gets past no one. cnn, we could not independently confirm this information that it was snowden but the website says this is a name he has used in the past, the true hooha. the bottom line right now is did snowden cause real damage to

national security, just late yesterday for the first time defense secretary chuck hagel said yes there was a serious security breach. officials say that terrorists are changing their tactics already. but there are a lot of skeptics who still say terrorists know not to use their cell phones, not to logon, that mainly this is embarrassment to the u.s. government. the debate goes on. kate. >> absolutely right. barbara starr at the pentagon. thank you. after a week of intense scrutiny police have charged ex-nfl player aaron hernandez with first degree murder. new england patriots fired the former tight end almost immediately. prosecutors now say hernandez executed the victim and then tried to destroy evidence. cnn's alina cho is in the massachusetts with the latest. what do we know, alina? >> reporter: chris, good morning. this is certainly not the kind of environment that aaron hernandez is used to. he's waking up in a single person jail cell this morning. a little more than a week ago he

was simply a star tight end for the new england patriots. today he stands accused of murder. stone-faced and silent only briefly wiping his brow, aaron hernandez made his first appearance in an attleborough courtroom on wednesday arraigned on first degree murder. >> the defendant had means, opportunities to perpetrate the crime, he orchestrated the crime from the beginning. >> reporter: prosecutors laid out in detail what they believe happened on june 17th in the hours before a jogger found the body of 27-year-old odin lloyd. a semi pro football player and friend of hernandez shot in an industrial park less than a mile from hernandez's home. they dated sisters. surveillance video taken from hernandez's own home security system showed the football player with a firearm, that cell towers tracked his movement, text messages showed he picked

up lloyd at his home in a silver nissan altima, the same make of car hernandez rented, that additional surveillance shows video capturing the car arriving and leaving the crime scene and that shell casings found there matched a shell casing found in the rental car. as for a motive -- >> two of them had gone to a club on friday night. ended up spending the whole night together. there were certain things that happened during the night that he was upset about and now didn't trust the victim. >> reporter: this photo obtained by tmz shows hernandez holding a glock handgun in a photo he took of himself on his cell phone. it's not clear when the photo was taken or if the weapon is tied to the crime. >> it's a circumstantial case. it's not a strong case. this defendant comes to court without any record whatsoever. never been accused of a violent crime. >> reporter: a dramatic fall of grace for the patriot's tight

end who signed a contract extension worth $40 million. the patriots have released hernandez and the nfl calls the case deeply troubling. prosecutors say hernandez was with two friends on the night that odin lloyd was killed so one big question going forward is what role did they play? are they cooperating with police and will they ultimately turn on hernandez? hernandez himself will make his next court appearance on july 24th and chris and kate one other note interestingly enough nfl and patriots have stopped selling the aaron hernandez football jersey. we're told those jerseys have already been pulled from the shelves. >> what a difference a week makes. just a week ago people say if he's involved at all it's on the fringe, maybe an obstruction charge, now they are looking at him as one of the main actors. alina cho, thank you very much. >> let's get a quick check on

the weather and what you need to know before you head out the door. >> jet stream separates the hot and the cold. when it looks like it's going straight across that's where we have near average temperatures or average weather. unfortunately when you see it took like a roller coaster which is the pattern we're going towards this weekend that's where we have the weather of extreme. let's talk about this. we'll be talking about unbelievable extreme weather especially in the southwest. these temperatures lake havasu, 126 temperatures. record breaking temperatures in vegas, palm springs. very hot weather affecting the southwest. we have this warm moist air in the east coast. a cold front comes right through it. it brings heavy thunderstorms. for the next 48 hours or so look at this cold front slide to the east and bring heavy rain to the northeast and showers coming into the southeast. so kind watch weird pattern we're dealing with here. hot, rainy, cold. >> you'll tell us when it will

snow. >> i can only do so much. >> thanks. >> then the plagues come. a lot of news to come. >> let's take a look at the headlines. what's chafd review raising concerns about the relationship between the cia and police specifically the nypd. report says four cia analysts were embedded with the nypd in the decade after the september 11th attacks including one who helped conduct surveillance operations in the u.s. this revelation happening during time of intense interest in domestic spying. look at this rescue three visitors from texas were hiking near a waterfall in hawaii's big island where a rock slide trapped them. firefighters pulled them out. the hikers were banged up but their injuries are not life-threatening. a seattle family says a big hole in their ceiling came from a piece of metal that came from a sky.

it crashed through the roof of the family's home on sunday. a seattle police officer speculated the metal bar may have fallen off an airplane or was dropped by a really big bird that had stolen a lead bar. the faa has launched an investigation. love this. lionel richy's classic hit "hello" is getting a second life thanks to a beer commercial. check it out. ♪ i want to tell you so much i love you ♪ the guy opens the frigid, lionel rich jis playing "hello." >> the commercials set the standards. >> they do. >> beer sets the standard. >> sorry. >> i love lionel richy.

a beer dispenser in your refrigerator, genius. >> the usda is trying to change what your child snacks on in school. it's dramatic. cnn medical correspondent elizabeth cohen has all the details. what's in, whas out with these new snacks? >> reporter: let's make a list for kids who are going back to school, not this year but the year after. anyhow here's the list. what's out is candy bars. you can't go to a vending machine at school starting 2014 and get a candy bar. i know die that all the time as a kid. you can get granola bars. out are regular potato chips and in are baked chips. out are sports drinks and in are 100% fruit or vegetable drinks or low or nonfat milk and chris and kate here's another thing

that's out, this -- you can't get a doughnut. forget it. they are gone. too much sugar, too much fat. but you could get a bag of almonds. that's okay. >> i'll say that's a good choice but my face will tell you -- >> you want the doughnut. >> you know what it? a bag of almonds. nobody says that. they say i want a doughnut. >> have some on my desk. >> talk to the teachers fewer problems in school other than how the kids treat each other, what they are putting in their bodies. >> coming up next on quarter point new day" the state's star witness takes the stand at the george zimmerman trial. who does her testimony help more? hln's vinnie politan and defense attorney jose baez weigh in next. >> a lot of us saw paula deen's tearful apology. some companies still not impressed. cutting ties with paula deen. question, can she undo the damage? i want to make things more secure.

[ whirring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ where we've switched their fruits and veggies with produce from walmart. it's a fresh-over. that's great. tastes like you just picked them. so far, it's about the best strawberry i've had this year. walmart works directly with growers to get you the best-quality produce they've ever had. all this produce is from walmart.

oh, my gosh. i'm shocked. [ laughs ] i know where i'm going to be shopping for strawberries now. find fresh berries and all your quality produce backed by our money back guarantee. walmart. there was this and this. she got a parking ticket... ♪ and she forgot to pay her credit card bill on time. good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate. ever. as in never ever. now about that parking ticket. [ grunting ] [ male announcer ] 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. i'm going to dream about that steak. i'm going to dream about that tiramisu. what a night, huh? but, um, can the test drive be over now? head back to the dealership? oh, yeah. [ male announcer ] it's practically yours. [ wife ] sorry.

[ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. vietnam in 1972. [ all ] fort benning, georgia in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection and because usaa's commitment to serve military members, veterans, and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve.

welcome back to "new day." we begin with the key prosecution witness in the george zimmerman trial. rachel gentel describing the phone call she had with trayvon martin as he came face to face with george zimmerman. she's due back on the stand for cross-examination today. we go to sanford, florida for the latest. what are we expecting, george? >> reporter: she came across as raw as very real. she seemed uncoached and her every word and action could have a big impact on the outcome of the case. given the answers she provideded to the court the question now is will this jury believe her? she's the last person to have spoken to trayvon martin on his cell phone the night he was fatally shot and killed. a key witness to the prosecution whose testimony took various turns throughout the day. at first rachel gentel became

emotional when questioned about why she lied saying she was in the hospital and couldn't go to her friend's funeral. >> didn't want to see the body. >> you didn't want to see the body? >> no. >> reporter: she told prosecutors martin used racial slurs like the n-word to describe the man following him. >> now [ bleep ] he's following me. >> you said the man looked creep y creepy. >> creepy. >> reporter: she said she told martin to run. >> he said why your following me for? and i heard a person respond what your doing here? then i heard trayvon say get off, get off. >> reporter: the toechb her testimonying changed when cross-examined by zimmerman's defense team. at times afearing have an attitude when questioned by

attorney don west. >> i had told you -- you listening. . >> reporter: the 19-year-old admitted she blid her age, claim took 16 at the time of the shooting because she didn't don't questioned. she said she didn't call police to tell her account because she expected police to contact her like they do on the tv shows. then there's the issue of the audio recording, the witness made with attorney representing trayvon martin's family. gentel admitted she made the recording hastily and she didn't really want to do it. >> he owed nothing to me. >> you didn't take it seriously? >> nope. >> reporter: so at the end of court yesterday gentel did seem a bit annoy when she learned from attorney don west she would

have to return again today and that her testimony could take another couple of hours, chris. >> all right, george. that's the way the process goes. thank you for trorgt. to all of you at home. we want to get your take. weigh in. go to our facebook page, twitter or our website newdaycnn.com. on day three for the prosecution we'll put a graphic up for you. we had rachel gentel testified that zimmerman pursued martin. very important. why? because it goes to where self-defense came in. martin was scared called zimmerman creepy. it makes trayvon martin seem like a victim. martin screamed get off, get off at zimmerman. biggest point of the day. why? it shows who started the fight. and if zimmerman started the fight his claims of self-defense difficult to prove.

for the defendant. jeantel lied. jeantel didn't call for help after the final call. jeantel is not on trial. what does that mean. jeantel got agitated and combative on stand. i want goes to the believability of this particular witness. who knows all this. let's bring in the real experts. we have jose baez who is helping us on the defense and vinnie politan, former prosecutor, you know him from hln. great to have both of you. gentlemen thank you for joining us. a very important case. let's begin what was done for evidence. okay. prior calls that george zimmerman made to emergency authorities. a big fight between prosecution and defense. defense argued this is prejudicial has nothing to do with that night. judge nelson believed the prosecution's argument which goes to state of mind. very important because this charge, this second-degree murder, prosecutors have to prove that there was evil intent in george zimmerman's mind. so the calls come in.

question is whom did they actually help? vinnie politan, how good were these for the prosecution? >> they absolutely help the prosecution because what they demonstrate is george zimmerman's mindset the day and the night that he killed trayvon martin. the ill will despite the hatred that you need to prove second-degree murder is there. based upon those calls you see how frustrated george zimmerman is with what's happening in his neighborhood and who does he blame? the young black males who believes are burglarizing and causing all the problems noupd his gated community. >> jose baez let's put equal passion on the other side. in the calls he seems calm. he doesn't seem that want heated off. he doesn't come off as a vigilante but more as a concerned citizen. >> agree with vinnie but it can cut both ways. what he's doing, he's a concerned citizen and if you have any victims of crimes on this jury, he's going to come across looking well.

this is concerned citizen. he did the right thing. he did what he was told which is call the police. >> we have two big witnesses. one comes on and says zimmerman was on top. why is that important, vinnie >> that's important because who is the aggressor. who is attacking who. who is in fear and who may have been screaming for help. and if george zimmerman is the one on top of trayvon martin he's the aggressor, he's got the upper hand and it's trayvon martin screaming in the background much those 911 calls. >> jose does it help that zimmerman says i was on top. but then things shifted. and he was on top of me and that's when the brutal beating began. is that good enough to offset it? >> it is. you know, i think both sides are conceding that there was a dogfight here and there was some wrestling going on. i don't know if it ultimately solves the real question. $64,000 question is who started

this fight. i don't think it solves that issue. >> why does this case, for all the talk about who they are and how they are come down to that one moment one time and who began this brawl, vinnie. why will it come down to that? >> it comes down to it because george zimmerman is claiming self-defense. he's claiming he's the victim. so if you are the one who is pursuing, following and beginning the physical confrontation, how on earth can you turn around to the jury and say i had to kill him he was going to kill me if you're the one that started the whole thing. it's not going to sit will with the jury. that's why it's so important and the witness rachel jeantel is the closest the prosecution has to anyone seeing that initial confront jays. >> she's not seeing she's hearing. jose to button up the other side. it can still be self-defense because if the fate changes in the fight even if zimmerman

started it he could have been in a position to where he felt his life was threatened. how do they argue that? >> in the state of florida you can't claim self-defense if you're the initial aggressor. the initial aggressor is the key issue here. really, rachel jeantel is the only witness that talks about whether who is the initial aggressor. everything else is murky. >> the big testimony of the day what will move the needle on day tree, rachel jeantel says i heard trayvon martin say get off, get off. yes he identified somebody following him. the guy was creepy. are those the most important word of the day, poll? >> think so. i think so. the only other person -- there's two people there, george zimmerman and trayvon martin. trayvon martin is not going to be able to testify. the only one who can testify on his behalf and bring words into that courtroom was rachel

jeantel. her credibility so crucial to the prosecution's case. twhorsds if the jury believes those words that trayvon martin wants george zimmerman off of him at the beginning of his confrontation i believe it's a win for the prosecution. >> especially in florida because jose you told bus the law if you start the fight it will be a long night. right? that's what they say in florida in terms of proving it was self-defense. on day four what do you have to do with defense counsel with rachel jeantel to balance it out. >> up have to destroy her credibility. it has to be done like a surgeon. they can't go after her too aggressively because this is a young, unsophisticated girl. don west will look like a bully. he went win any friend on that jury with the knock, knock joke so i think he has to walk on egg shells and make sure he destroys her specifically and completely on the evidence and her statements and not on any attitude. >> all right. vinnie politan, jose baez, thank

you very much for balancing out the points. this trial, a lot of intrigue early on. moving on to day four. as we track the kind of back and forth in this situation on day three which way did it go, where was the momentum carried? looks like that was the day for prosecution, right. the needle is moving towards them because you heard it, get off, get off, george zimmerman started that fight. very difficult. it's not about what i think, it's about what you think as we figure out who really matters the jury may come out on this. go to facebook, twitter or our website newdaycnn.com and we'll have a lot more coming up on this with nancy grace. also coming up next on "new day" paula deen hits the air waves with a tearful apology but will those words of remorse help her save her crumbling cook being empire? i'm the next american success story. working for a company

where over seventy-five percent of store management started as hourly associates. there's opportunity here. i can use walmart's education benefits to get a degree, maybe work in it, or be an engineer, helping walmart conserve energy. even today, when our store does well, i earn quarterly bonuses. when people look at me, i hope they see someone working their way

up. vo: opportunity, that's the real walmart. everything is better with sabra hummus. observe... little carrot. little bit of hummus. oh, lonely wing... well we have got the perfect match for you. shiny knife. oh, you had me going there for a second. of course you can't beat the classics. delish... sabra hummus. come on. dip life to the fullest. ♪

about 7:30. welcome back to "new day," everybody. i'm chris cuomo. >> i'm kate bolduan, and we're joined by michaela pereira.

it's thursday, june 27, 2013. coming up, michael jackson's older son was the at the wrongful death trial revealing how the series of come back concerts had his father fearing for his life. >> plus paula deen, watch the apology yesterday. she seemed emotional, she seemed upset. she only said the n-word once. please forgive me. turns out right now still having trouble. we'll check the fallout. first up, two landmark supreme court decisions in two days but they do have something in common. justice anthony kennedy the only justice to vote with the majority on both voting reits and defense of marriage act. he sided with the conservative wing on one, the liberal wing on the other. it's a familiar role for justice kennedy who just might be the most important swing voter in the nation. here's cnn's jim acosta. >> reporter: the supreme court's decision to essentially strike down the defense of marriage act proved once again what many legal scholars have been saying

for years. >> we feel, number one, that our institution works. >> reporter: it's anthony kennedy's world we're just living in it. writing the 4-4 opinion that delivered a victory for same sex couples kennedy was once again the swing vote in a landmark case. >> he's his own man and he does vote with conservatives on many controversial cases. and then votes with liberals on other cases. he votes the way he thinks is right. >> reporter: kennedy is a justice who doesn't quite fit these hyper partisan times. >> to justice and mrs. kennedy congratulations. good luck and god bless you. >> reporter: tapped by president reagan, he's the last supreme court justice to win unanimous approval from the senate. his hearing far from contentious. >> it seems to me that most americans, most lawyers, most judges believe that liberty

includes protection of the value that we call privacy. >> reporter: but kennedy's rulings would go on to confound supreme court watchers. he sipded with the conservative majority in the 5-4 ruling in bush versus gore and again in the citizens united case, writing the opinion that opened the floodgates of super p.a.c. money into the political process. social conservatives were well aware on their issues kennedy was no sure thing. >> in particular he swings left on the social issues. >> reporter: in the end kennedy waged an emotional assault on doma offering same sex couples a second tier marriage that you had -- humiliates children. social conservatives point out the supreme court didn't legalize same sex marriage across the country. so for all the high praise for anthony kennedy's role in these decisions the swing justice

still left the door swinging open for more battles to come. jill acosta, cnn, washington. >> let's bring back in jeffrey toobin for more. we talk about the personality of the justices and you expected that kennedy would be the swing vote and, obviously, he was. so what is it about justice kennedy, his judicial, his legal theory that often puts him in this position? >> there are certain issues that, obviously, touch him deeply. the supreme court has done -- has issued three gay rights landmarks in its entire history. a case called romer from colorado in 1996. lawrence v texas which said gay people could not be thrown in prison for having consensual sex. 2003 and yesterday's decision on same sex marriage. anthony kennedy wrote all three opinions. he is a conservative personally conservative. he's an observant catholic.

he's from a very republican family in sacramento, california. yet, there's something about discrimination against gay people that touches him and he is the justice defined forever as the one who has defined gay rights in the supreme court. >> and you mentioned those three cases where he's written the opinions. so this going to be his less ga circumstance his position and the decisions that he's written on same sex rights, is this going to be his legacy on his time in the court? >> the great thing about being anthony kennedy because of his swing position he's been -- he's written so many important opinions and some of them have been quite conservative. citizens united the most famous in that direction. but i think when anthony kennedy who is 76 years old and in very good health, when he finally steps down from the court i do think that same sex -- that tissue of gay rights and his incredibly important role will be the lead item that we all talk about. >> jeffrey, thanks so much.

always great to get your perspective. you know, chris that anthony kennedy may be second to the president can be considered in some circumstances the most powerful man in sfwhaewashingto. >> moments like this where the court is so important. no question about that. these decisions one important story this morning but there are many others. so let's get to michaela pereira for the latest. >> good morning. former new england patriot aaron hernandez charged with murder and being held without bail during his arraignment prosecutors laid out why it took them more than a week to charge him. they say they used swans, came a video, cell phone ping, evidence taken from his rental car and his home to demonstrate he orchestrated the killing of odin lloyd. hernandez's attorney says it's a circumstantial case. nelson mandela is grave lie ill now said to be on life support in a hospital in pretoria.

current president cancelled a trip to mozambique. 94-year-old mandela has been in the hospital battling recurring lung infection for more than two weeks. security is tight at police stations in los angeles has officers search for the gunman who fired on two veteran detectives. the suspect was caught on camera. one detective suffered a head injury, the other had a bullet graze to his hand. the pilot who crashed his small plane end suburban chicago is being praised for saving lives. he was having trouble just before landing at a small airport and crashed the plane on to a road between two condo complexes. he walked away with minor injuries. he was the only person on the plane. no one on the ground was hurt. the ntsb is investigate ppg. to a lighter note. 5-year-old who is one part rapper and one part golfer. check out this really young

emcee. ♪ i love golf. ♪ ♪ i love golf ♪ it's my favorite sport ♪ i love golf >> he's from allentown, pennsylvania. the video was a creative way for the 2005 them to spend time together. video has 19,000 hits and building. all seasons. an emcee for all seasons. 5 years old. >> impressive. good for him. moving on just hours after an emotional plea for forgiveness two more major companies cut ties with celebrity chef paula deen. she apologized again wednesday for her past use of the n-word this time on television lashing out on what she calls horrible lies she's a racist. pamela brown has more. may have been her big day. >> we're trying to figure out neighbor it hurt her. more bad news for embattled

celebrity chef paula deen. her first tv interview being at the center of a racist scandal. after her tearful apology not one but two more companies pulled the plug. >> i'm heartbroken. >> after serving up a tearful apology on the "today" show two more companies shut down paula deen. another big blow, walmart which sells deen's eye gas, cook ware and foods is pulling deen as products off store shelves. the company says we'll not place new orders beyond those already commit preponderance of the evidence. >> the day i used that word it was a world ago. i had a gun put to my head. >> do you ever wish you fudged the truth? >> no. >> reaction was swift to deen's latest explanation of her

admitted use of racist language. >> in each failed apology attempt we see a corporate endorser step away from paula deen. >> last year "forbes" magazine named her the fourth highest earning chef. >> i'll smear the mayonnaise. >> we know she's losing approximately $2.5 million from the food network dropping her. >> still it's not all bad news. ticket sales for the paula deen cruise on royal caribbean cruise lines have done so well a second cruise was added for 2014. one of her upcoming cookbooks has sky roberted in amazon.com ranks to number six by wednesday evening. >> here we go. >> still experts say a long road lies ahead for the mega mogul. >> paula deen needs to step away. she needs to take time to

recalibrate her brand. >> deen has hired judy smith from washington, d.c., that's the same woman that the hit show is based on abc. >> step away. >> yes. >> one good piece of advise. thanks. coming up next on "new day" assessing the george zimmerman second-degree murder case. much more dome. nancy grace will weigh in live as trayvon martin's friend prepares to return to the stand today. and we have controversy here on "new day." it involves this man. captain crunch. john berman is at the center of it. the hilarious response to john berman's investigation. is he a real captain or wait for it a cereal liar? thank you very much. i'm here all week.

tires screech] here you go, honey. thank you. [ male announcer ] see your authorized dealer for an incredible offer on the exhilarating c250 sport sedan. ♪ 8% every 10 years.age 40, we can start losing muscle --. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

how we get there is not. we're americans. we work. we plan. ameriprise advisors can help you like they've helped millions of others. to help you retire your way, with confidence. ♪ that's what ameriprise financial does. that's what they can do with you. let's get to work. ameriprise financial. more within reach.

just before 8:00 in the morning. that means it's john berman time. he's here with his new day award of the day award, sir. >> our award about damage control. it's a lesson, really. remember how we and others exposed crunchgate. this is a revelation that captin' crunch even though he only wears the three stripes. he made an on youtube statement defending himself. you have to listen to this. >> you may have noticed a few other things about me. i have four fingers. first mate's a dog. my eyebrows are attached to my hat.

finally, i wish to thank those of you who have stood by me. i will forever be your cap' n. >> first, this is amazing. first, let me immense my satisfaction that we were able to help shine a light on this. enforce a response from cap'n crunch. this is a lesson to anyone. public figures, lance armstrong, irs and anthony weiner. who needs oprah award. forget the civil searching interview and forget contrite congressional hearings and forget answering the real question at hand. just talk about your eyebrows. >> especially if they're on your hat. >> carefully applied every day. thanks, john. coming up next on "new day" is a new day for a classic cnn show. "crossfire" is coming back and

you see two of the new hosts. no debating. >> newt gingrich and stephanie. >> what is going on? we'll have a talk with them. two blockbusters and seen with his minions. the role of anchorman reprised. hey, look! a shooting star! make a wish! i wish we could lie here forever. i wish this test drive was over, so we could head back to the dealership. [ male announcer ] it's practically yours. test drive! [ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a jetta. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. on any new volkswagen.

the great outdoors... ...and a great deal. thanks to dad. (gasp) nope. aw! guys! grrrr let's leave the deals to hotels.com. (nice bear!) ooo! that one! nice! got it! oh my gosh this is so cool! awesome! perfect! yep, and no angry bears. the perfect place is on sale now. up to 30% off. only at hotels.com where we've switched their fruits and veggies with produce from walmart. it's a fresh-over. that's great. tastes like you just picked them. so far, it's about the best strawberry i've had this year. walmart works directly with growers to get you the best-quality produce they've ever had. all this produce is from walmart. oh, my gosh. i'm shocked. [ laughs ] i know where i'm going to be shopping for strawberries now. find fresh berries and all your quality produce backed by our money back guarantee. walmart.

congestion, for it's smog. but there are a lot of people that do ride the bus. and now that the busses are running on natural gas, they don't throw out as much pollution to the earth. so i feel good. i feel like i'm doing my part to help out the environment.

i've got a feeling it's rock block. that music means it's time for the rock block. a quick round up of the stories you're going it be talking about. >> good morning to you and you at home. first up in "new york times" a new story about running. the way their feet hit the ground could be wrong. turns out it may have nuthing to do with injuries. focused on the battle over sports betting. new jersey wants to legalize it, but the major sports leagues are opposed. both sides argued in an appellate court wednesday. "miami herald" potential scandal could hinge on the testimony of his cousin. major league baseball wants to depose him in their suit. >> okay.

>> all right, christine romans here. we'll keep the streak going there. the money way of wall street. >> two wins on wall street. today could be number three. strong finish yesterday and starbucks barista must share tips with shift supervisors. but a new york court has ruled that baristas don't have to share tips with the assistant managers who already get benefits. one of coke's bottlers looking to make soft drinks part of people's morning ritual like coffee, tea, smoothie. no, a coke. a quarter of all drinks are consumed before 10:00 a.m. >> 9 o% of that is people in the news business. indra petersons with what's in the newscenter. >> that is the only place it seems normal. ups and downs, as far as the weather. in the east, we're talking about

warm rain and means heavy rain, unfortunately, as we go through the weekend. but a lot better than what we're dealing with in the west. look at temperatures soaring. this is an a extreme heat. heat above 115 for several days. that is a dangerous weather pattern. unfortunately, it means one of the deadliest weather pattern there is. >> okay. indra, thank you. now, near the top of the hour which, of course, means it's time for the top news. >> i'm honored and humbled and overjoyed. a monumental victory for gay rights as the supreme court hands down landmark decisions. we'll tell you why the same-sex marriage battle isn't over yet. key witness. trayvon martin's friend gives riveting testimony about the teen's final moments. she's back on the stand today and is she helping or hurting the case against george z zimmerman. monster problem. the energy drink being sued after the teenager died drinking

it. are they dangerous? your "new day" continues right now. what you need to know -- >> like he's hitting him. what you just have to see. >> are you really going to save the world? >> yes. yes, i am. this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning, welcome back to "new day. ." it's thursday, june 27th. i'm kate bolduan. >> i'm chris cuomo and michaela pereira. the last person to hear trayvon martin alive. we have her powerful testimony. take a listen. >> i heard get off, get off. hln nancy grace will join us

live to break it down. a lot of political news to work through this hour. same-sexparage and new details on edward snowden and the president. the new and wonderful "crossfire." newt gingrich and stephanie cutter joining us live. get ready to laugh. ste steve carell is here. far from over, despite the supreme court's historic rulings as officials figured out how to implement sweeping changes. opponents of same-sex marriage are ready for a new fight. joe, where do we go from here? >> chris, the supreme court has weighed in and the question now is what happens next on same-sex marriage. short term, how long it takes couples to start getting married in the state of california. but longer term, it's about what this means for the whole

marriage equality movement. all night and even into this morning, celebrations for historic ruling. while others denounce what they call the death of traditional value. the emotional reaction as following a pair of supreme court decisions given the same-sex marriage movement, its biggest victories to date. the court striking down parts of the defensive marriage act that denies benefits to legally married same-sex couples and allowing same-sex marriages to resume in california. but what now? >> we will continue to fight in a state where we won 37 times out of 40 ballot initiatives. and i think the states will continue to fend for traditional marriage in overwhelming numbers. >> reporter: one of the lawyers who led the case for same-sex marriage at the supreme court said bring it on. >> in five years our goal is to have marriage equality throughout the country. >> reporter: polling has grown over the years. 55% of respondents supported it

in the latest cnn/orc poll. two years ago, that number was 51%. four years ago, it was far less. but still a long way to go. as of now, 12 states and the district of columbia have voted to allow same-sex marriage. 36 states -- but now the supreme court has declined to rule on proposition 8. clearing the way for couples to start getting married there. >> there's no doubt whatsoever the bells will ring and the marriages will begin. >> reporter: both sides in this battle have plenty of money and highly motivated and they have been doing this for years. you haven't heard the last on the fight over same-sex marriage. then there are those federal benefits. about 1,000 of them affected by the restrictions of the defense of marriage act. they want to move quickly to put that ruling into effect. but a lot of work to do on that, too, chris. >> to be sure, a lot of robust

debate segue. time to bring in the new host of "crossfire." >> let me help you out. on the left -- >> good. >> on the right -- >> newt gingrich, the former speaker of the house and republican presidential candidate. the cnn classic "crossfire" comes back this fall. but we start it today. >> part of the crossfire, chris and i. nothing new. congratulations for both of you. >> thank you. >> mr. speaker, i want to talk about edward snowden and nsa a leaker. the white house is saying stuff, they're trying to get russia and ecuador to help send him back and get him back to the united states. do you think they've done enough or done enough early on to make this happen? >> look, i think they have to do everything they can to get him back here. we don't know what he knows or what documents he's taken. we don't know if he's sitting in

moscow right now so we don't know the russians are learning. you want to have a sense that if you betray the united states and your secrets we're going to find you and get you and bring you to justice. it's very important and, frankly, should be more aggressive than we learned. the russians can say, oh, gee, we don't have the right administration here. >> the administration failed? >> it has not been as aggressive as it should be in order to get that. this is a big problem for all americans. >> let's talk about as a perception to the country. stephanie, vladimir putin in a mixed metaphor. related to america's wants for edward snowden as sharing a pic and he said too much squeal and not enough wool. but the import of the statement that we were weak was loud and clear. is this a moment where people would look at president obama and the administration and say, you've heard us. internationally we are weak.

you have taken our mojo. >> first of all, the person hurt internation alis snowden. he violated the nation's trust and put the country in real jeopardy. secondly, we don't know what is going on behind the scenes between the united states and government. you know this, too, from being in government. you have no idea what the pressure is going on in the inside. >> they don't sound pressured. >> we're not in those conversations. we have to let this play out. i think this is the first act in a long play. putin is absolutely playing games. >> putin was a kbg agent sees himself as a tough guy. remember the picture of him with no shirt on having killed a tiger -- >> on horseback. >> i'm macho and you're not really macho and in the end the united states is a lot bigger than russia and the united states, if it keeps the pressure up, will, in fact, force the russians to be cooperative. >> let's talk about the major

topic domestically. the supreme court ruling on same-sex marriage. obviously, a lot of talk about the reaction and the fallout and what this means practically in every day life. we heard from many conservatives, stephanie, this was another example of judicial activism and the justices making policy from the bench. >> they didn't say that when the supreme court overturned the voting rights act. it always depends on what the outcome is. i think there was no other way for the court to rule. doma is discriminatory. there is no other way to look at it. when you're creating a subclass of people through your federal laws, it's discriminatory and it was a good day yesterday. a lot of us were working for a very long time. that's why you saw incelebration across the country yesterday. with people celebrating us in return. >> is there no other way to look at it? >> i think anybody who reads what justice kennedy wrote, has to be very troubled by the

language he used. he in essence if 75 if you're a fundament fundamentalist. his language is astonishing strong and judgment and i think that's wrong for the supreme court. it's not a political body. it's a traditional body and having one person get up in the morning and say, i will rewrite the constitution. 4-4. this whole idea kennedy is the decider. pretty unstable country. >> it was 5-4, so, it's 5 joing that opinion. if you polled those senators who voted for it many years ago, many would say that vote was wrong. president bill clinton signed it and he came out against it saying it was the wrong thing to do. >> so, bottom line, what do you think, speaker? do you think that same-sex marriage should be the law of the land? >> no, not yet. i believe that it is between a man and a woman.

that's my view. i think it's better to work it out in the political process than have judges impose their bias on a whole country. >> federally or state by state? how should it be done? >> i think that marriage is traditionally done state by straight. but i think the court system has to set up some parameters there. "crossfire" back at you. when are we launching? >> this fall. >> this fall. i can do a lot, i can't take these two down. >> the last day i want to be on tv i will come on the show. thank you, both. great to see you and huge congratulations. so much excitement here at cnn for that. also a lot of news developing at this hour. let's get straight to michaela for all the latest. >> thank you, kate. making news just moments ago. president obama addressed the supreme court's same-sex marriage decision during a news conference in senegal. >> well, i think the supreme court ruling yesterday was not simply a victory for the lbgt, i

think it was for dumocracy. i believe at the root of who we are as people, as americans, the basic precet that we're all equal under the law. we believe in basic fairness. and, you know, what i think yesterday's ruling signifies is one more step towards ensuring that those basic principles apply to everybody. >> that question asked by cnn's chief white house correspondent jessica yellin. mr. obama also spoke about nsa leaker edward snowden. he said he was not scrambling jets to get him and he was concerned about any additional documents that snowden might

have. testifying in his family's wrongful death suit. he said his father would cry after getting off the phone with aeg checkatives and former manager. prince said they are going to kill me. the 16-year-old said he saw randy phillips have an aggressive confrontation with dr. canrad murray shortly before his father died. it has been nearly two years since indiana university student vanished without a trace. now her parent filed a civil suit against three students who got her drunk and failing to get her home safely, which her parents believe contributed to their daughter's disappearance. graduates at bradford university found a number of spelling errors on their diploma. virginia missing an i and the school has promised to correct

the typos and get the graduates their newly improved diplomas. how about some cute. here is some cute. two-headed baby turtle. this week the turtle with two heads goes on display at the san antonio zoo. the turtle, which is a texas river appears to be healthy and able to swim and walk. they expect thelma and louise to amaze visitors at the zoo's aquarium to come. >> is it two -- >> a turtle with two heads. >> nothing has compounded chris cuomo more than this story. >> thanks, michaela. coming up next on "new day" powerful testimony but whose side is the prosecution's key wince really helping at this point.

i want to make things more secure. [ whirring ] [ dog barks ] i want to treat more dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪ can help you do what you do... even better. a meal like thiso save on fast from walmartd dinners.

costs less that $3.50 per serving. and if a family of four like yours switches out fast food dinner just once a week you can save over $690 a year. unbelievable. it's believable. save on a kraft dinner backed by the low price guarantee. walmart

[ girl ] there are man-eating sharks in every ocean... but we still swim. every second, somewhere in the world, lightning strikes... but we still play in the rain.

poisonous snakes can be found in 49 of the 50 states, but we still go looking for adventure. a car can crash... a house can crumble... but we still drive... and love coming home. because i think deep down we know... all the bad things that can happen in life... they can't stop us from making our lives... good. ♪ ♪

here he is. steve carell standing stoically. very nice, we're very happy to have you on "new day." very good to have you. thank you. he'll be up soon. but, first, first day four of the george zimmerman trial starts in less than an hour and a key witness is expected back on the stand today. she is 19-year-old rachel

jeantel on the phone with trayvon martin just moments before he was killed. okay. let's listen to a little bit of the testimony. >> i heard get off, get off. >> all right, now, what we heard her there saying, i heard trayvon say get off, get off. huge implication, if believed by the jury. to tell us why, hln's nancy grace joining us from atlanta to give us her take. nancy, let's begin with that. thank you for being with us this morning. get off, get off. if the jury believes rachel jeantel. if they believe trayvon martin was saying get off, get off. what does that mean? >> if they believe her, that's a big if. i thought she was going so great when she was on direct exam, the single best witness that the

state had had for trayvon martin, but on cross-examination. but, man, that's a whole other can of worms. i'll get to that in a moment. if they believe what she said on direct examination, that means that trayvon martin was absolutely on the bottom of that scuffle, placing zimmerman on top and firming up the theory that he is the aggressor. but what we have to remember is, he was out walking his dog with his gun in a car and followed this high school junior. all right, who was supposed to be there. that is where his father lived. he was going home. so, how he ended up in a scuffle, far far away from where they started, i mean, clearly, paints zimmerman as the aggress aggressor. so, if they believe trayvon is on the bottom and zimmerman is on top and zimmerman is still the aggressor. if she crumbles in their eyes on cross-examination, then, not so much. >> all right, but here's why it's so important.

just to remind people, nancy. help me fill it in here. under florida law, if you start a fight, you cannot successfully claim self-defense, right? how does it work? >> absolutely. they've got a legal conundrum there. at the end of it is called stand your ground, which basically means if somebody comes at you, you don't have to run. you can "stand your ground." >> if they come at you. >> that's what that is all about. >> if they come at. >> if they come at you. what i'm saying is the whole thing started, the defense is going to be, hey, look at the back of zimmerman's head. it's bleeding, gushes blood. trayvon martin was beating his head into the cement. you'd shoot him, too. the problem with that is that zimmerman started it. by zimmerman's own words on the phone with 911. he started following trayvon martin. they told him not to do it.

he was packing a gun to walk his dog and follows the kid and suddenly the kid is dead. >> that goes to all the speculation about self-defense. that being zimmerman's main thing. the other big component is the prosecution's ability to show depraved mind. right? that's acomponent for the second debris murder charge they want. the judge let in the earlier calls before this night that george zimmerman made to authorities because the prosecution said they show george zimmerman where he was mentally and emotionally the night he was with trayvon martin. the defense resisted but lost. what do you believe the significance was at trial? >> the jury is hearing the tip of the iceberg. 50 of the phone calls where he calls police. hey, i see a garage door up. hey, i see somebody loitering. hey, hey, hey, every one is blackmail, blackmail.

everybo i think there was a couple calls about a caucasian. so, the state is trying to say that he was profiling any black male that he saw, even a high school junior walking home with nothing but skittles in his pocket to his dad's house. that's where the state is going. the defense is going to say, he's the captain of neighborhood watch. the residents call him for him to call police. that's why there's 50 phone calls. they're going to both be using this. my question is, when did it become a bad thing to call police? but, if you listen to the calls, he always calls about a black male. >> if he's a bigot, it doesn't mean that he had evil intenlt that night, though. that's going to be the stretch for the prosecution. what do you think needs to happen today as we watch day four? >> well, for one thing, the main thing the state's got to do today, they've got to rehab rachel jeantel, the young lady that got up on the stand because

she's already been caught in three or four lies. big lies that she lied in the initial interview with the defense attorneys. she lied to trayvon martin's family. i mean, serious lies. her story has changed. that's a big hurdle for the state. they've got to rehabilitate her. >> the defense will keep hammering at that. that she can't be believed. at the end of the day before we get to george zimmerman, assuming he won't testify. the best eyes are really ears we have on this situation and they're hers. she couldn't be more important, right? >> another important thing, zimmerman was wearing a bright red, i think it was a leather jacket and it was very dark. it was raining outside. one of the witnesses said the person on top, painting them as the aggressor had on a dark colored shirt or jacket. that would have been trayvon martin. but, it was so dark out there, when you look at the pictures, you can't tell what color

anything is. that's a bone for both sides. >> that's why the lawyering here is going to be so important in terms of what they make believable, versus what they dismiss. that's why we need you, nancy. >> i have one last monkey wrench for you. >> please. >> they already lost one of the alternates. we're down to three. down to three. let's hope we don't lose some more and have to start all over because we've only got five jurors. >> remember, everybody, you only have six in this trial because in florida if it's not a capital offense, not a death penalty, you only have 6, not 12 jurors. good point, thank you very much. all watch nancy a grace live weeknights at 8:00 p.m. eastern. remember, we want your thoughts. check us out on twitter and facebook. let us know what you think about the case and what matters and what's unclear. kate? coming up next on "new day" was an energy drink to blame for a death. a mother is suing a big name drinkmaker because of that.

dr. sanjay gupta is here to talk about it. also actor steve carell, steve's not dancing, he's serious in the studio. he'll talk aboute his latest movie and whatever else we can throw at him. eep 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? ♪

and i've been around the toughest guys in football. and now i'm training guys who leak a little to guard their manhood. with man style protection... whoa... of new depend shields and guards. who are you? this is my house. perfect. come with me. built you a little man space under here. how 'bout that. sweet. see depend shields and guards are made to fit guys. that's awesome. i trained that guy now it's your turn. go online for my tips to help guard your manhood. with new depend, shields and guards.

foour neighbors.... and our communities... america's beverage companies have created... a wide range of new choices. developing smaller portion sizes and more.. low and no-calorie beverages... adding clear calorie labels so you know... exactly what you're choosing... and in schools, replacing full-calorie soft drinks... with lower-calorie options. with more choices and fewer calories... america's beverage companies are delivering.

to know him is to love him. steve carell here live to talk about "dispicable me" and so much more. i like that look. should i use that? >> no. >> i'm kate bolduan. june 27th. let's go straight to news anchor michaela pereira for the five things to know for your new day. >> trayvon martin's friend rachel jeantel. nidal hasan is back in court today for a pretrial hearing. he is accused in the 2009 shooting massacre that left 13 dead. this morning, actor james gandolfini will be laid to rest.

cathedral church. likely to be grilled today by house committee on why he did not reveal earlier that the irs was targeting conservatives and progressives. at number five, what are you doing tonight? the nba draft is happening in new york this evening. cleveland cavaliers get first choice. you know, we're always updating the five things you need to know for your new day. go to newdaycnn.com for the very latest. >> all right, one last thing we just learned in terms of things you need to know today. nelson mandela, still in critical condition, but now, we're told, he's stable. obviously, everybody just wants him to be as comfortable as possible. good news for nelson mandela. >> just getting that in this morning. a mother's question this morning, can a drink be deadly? she claims her son died because he was a regular user of a popular energy drink and not the first time this product has come under scrutiny. take a look. >> you want a pick me up?

>> monster energy drink promises to pack a powerful punch. now, one mother is blaming the makers of the drink for her teenage son's death. 19-year-old alex morris suffered cardiac arrest and died last july. in a lawsuit filed in california, alex morris' mother claims her son died as a result of drinking two cans of monster energy drink the day he died and every day for the three years prior to his death. >> the issue is is that the medical science is becoming more and more and more directed at the fact that a these drinks are dangerous. that they can kill people. and they shouldn't be marketed to people under 18 years old. it shouldn't take a rocket scientist to recognize we shouldn't pump stimulants into our children. >> reporter: the mother of a girl in maryland sued monster corporation last year. she's represented by the same

lawyer who filed the suite for alex norris. she died after consuming two 24-hour cans of the energy drink. they also found that she had an existing heart condition. they haven't gone to trial yet. her mother spoke last year on anderson cooper's talk show. >> well, my message to moms is to help me get this out and get these fda regulated. >> reporter: the fda is now investigating seven deaths to determine whether monster was a factor. and an important note, we reached out to the company regarding this new lawsuit and they issued the following statement. they say there is nothing in this lawsuit that links the death of 19-year-old alax morris to the consumption of monster energy drinks. no coroner's report cited that suggests his cardiac arrest was caused by drinking a monster energy drink. in their statement they claim a review of 14-year-old of her record indicate that there was

no causal connection between her death and the consumption of monster energy drinks. want to make sure we get that to you. let's talk more about these energy drinks. other types just like it. let's bring in dr. sanjay gupta with more of this for you. what is in these drinks? >> in a monster, 160 milligrams of caffeine. >> what does that mean? >> cup and a half of coffee, four cans of cough sod soda. there is no requirement to tell people how much caffeine is in these drinks. if you see that on the label, because they're voluntarily doing that. that's a big issue and people are trying to figure out, should we tell people how much caffeine is in there and how much is in some of these significant products. has about 40 milligrams of caffeine per gram. so, these various compounds can start to add up. in terms of caffeine, but,

again, you don't always know. it's not always consistent. >> how does caffeine kill you? >> i think caffeine, for the most part, doesn't kill you. i think in the first lawsuit that was in kate's piece, there was no cause and effect here. the concern is that it may raise your heart rate, your blood pressure. and that 14-year-old she had an underlying heart condition. it may have worsened that condition. in adults, a sort of acceptable safe level which is around 400 milligrams a day. it may raise your heart rate, but usually just for a short term. it's hard to say that these caffeine, in these amounts. two cans a day for three years could actually lead to death. >> one thing we're seeing is people mixing that with alcohol at the clubs and things. you have a depressant and a stimulate together, that has to be hard on the body. >> the big thing is with alcohol you get a signal for most people to stop drinking at some point. when you start adding in an energy drink or stimulate like this, sometimes that signal goes

away. people keep drinking and stay awake as they're doing it and as a result, they may actually have in situations where they exercised bad judgement. i don't know if it's easy to prove that the substances themselves are leading to death. i have concerns about these energy drinks, like a lot of physicians do. i think you need to know what you're getting inside your body. but to take it to the next step to say, this is cause and effect. i think that's tough to prove. >> you should have to prove it. >> i think so, absolutely. >> dr. sanjay gupta. thanks, sanjay. guess what, everybody. now time to go from the good doctor to the good stuff. every day we feature stories about some of the good news out there. stories about people doing the right thing. today's edition, little kayly and the good samaritan who saved her life. the family was celebrating her 4th birthday when she went missing. being so near the water they immediately feared the worst and they were right.

after a few minutes her family spotted her being held above the surface held by only one arm. take a listen. >> as soon as she walked up, she put her arm around my neck and we hugged and kind of shared a thank you type embrace. >> caylee coughed up a lot of water, but she was okay. as for the one-armed hero she disappeared without a word. >> i would like to thank her and how much i love her for what she's done. she let my baby girl see 4 years old. >> she let his little girl see 4 years old and then she left. she was about the deed and not taking responsibility for it. but we want you to. whomever you are, come forward. a grateful family wants to get to know you and thank you. thank you for going above and beyond and saving that little girl's life. >> beautiful little girl. >> that is what the good stuff is all about. we know it's out there. please, send the good stuff our our way. tweet us and let's keep the good

stuff coming. i'll keep the good stuff coming right now. coming up next on "new day" he dare even told me he might be boring. so much to talk about. that's steve carell. he does not need an introduction. with the spark cash card

from capital one... boris earns unlimited rewards for his small business. can i get the smith contract, please? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back on every purchase every day. great businesses deserve unlimited rewards. read back the chicken's testimony, please. "buk, buk, bukka!" [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles

on every purchase every day. told you i'd get half. what's in your wallet? ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy. natural energy from green tea plus fruits and veggies. need a little kick? ooh! could've had a v8. in the juice aisle.

you are a little shady. it's one of the most anticipated movies of the summer. "dispicable me 2." i don't know why i'm doing that with my voice. super villain turned father. just keep going. >> i'm enjoying it. i'm enjoying what you're doing. the suburban dad has decided to make a change. take a look and a listen. >> i have accepted a new job. >> whoa, really? >> i have been recruited by a top secret agency to go undercover and save the world. >> you're going to be a spy? >> back in the game with gadgets and weapons and cool car!

the whole deal. >> awesome! >> are you really going to save the world? >> yes. yes, i am. >> obviously, the whole suburban thing is about him. here is the man with us right now. thank you so much for coming to "new day." >> with that clip, doesn't it beg the question, are you leaked to the nsa leaker? >> i can't divulge anything right now. it's just too early. i would like to speak to my attorney. >> i'm right here. i'm your counselor. >> all right, so, tell us about -- you've done so many movies. it will take an hour and a half to get through. let's talk about despicable me

2." >> you can go in and look terrible. wear your pajamas and show up and do a stupid voice for about five hours and you do that, actually, the process, it took me like two and a half years from the time we first started. but you go in every few months and you do one session and, you see, they animate to your voice. so, you're not watching any animation. the animation process takes a long time and they tweak it and adjust the script. but it's just fun. it's just fun. >> i saw the film at a screening and there were a billion kids in the room. so delightful hearing that. they laugh and laugh hard. it's always harder to get a chuck load of the adults. it must be a delight that you get both audiences. >> it's a sophisticated sense. kids have no filter. they'll tell you immediately -- if something didn't work, you hear about it. >> you have kids. you know what a relief it as a

parent you're going and they're going to enjoy it. very nice. you're very busy. >> i am. >> that is a blessing in your business. >> it is. i've waited my entire life to be busy. >> right? >> and whenever i hear actors complain about being busy, i think, shut up. because you do, you wait to be successful or be able to work and i'm extremely lucky. >> you have "anchorman" coming out. >> that's coming out this december. >> you also have another movie coming out. >> "way way back" coming out on the fifth. >> you can't even remember you have so many films? >> well, i insisted. >> isn't it true that you're not -- we know you as this really likable guy. everything from "the office" to "despicable guy" far back, not so likable? >> on the way back, i'm not that

likable. >> you're different? >> he's sort of, he has high expectations of all of the people around him. sort of misguidedly. so, that's a nice way of putting it. he's not that likable of a guy. >> for those people not familiar with way, way back. it's the premise of this story. goes to his mom's boyfriend's beach house for the summer and he's really in need of a good, strong, male role model and i'm as the boyfriend i'm not the guy. and he becomes friends with sam rockwell and, of course they form this really unlikely and sweet relationship. sam rockwell is fantastic in this movie. really good. >> nice to exercise different muscles? >> it is. yeah. just to be able to play someone who people haven't necessarily seeb me play before. yeah. the premiere was last night and people afterwards kept telling me afterwards how much they hated me.

i take that as a compliment. >> i wear that with a badge of honor. >> "anchorman 2" coming out. how much fun was it getting the group back together? >> it was ten years ago when we did the first one. so, it was a long time. it was a long time. >> oh, my. do you have, is there even a script? >> there is. >> i imagine you guys getting together, getting drunk. >> that is one component. tles is really a good script. adam mckay wrote this terrific follow-up that is fantastic, smart and silly and within that, it increases because of the improv. >> give us a taste of where your character goes. >> brick, brick befriends a woman -- >> didn't he have ten kids and he's at the bush white house. >> you should pull up a weather

map and do some weather. >> i'm not doing weather. >> the friend's a woman in thedying. >> played by kristen wigg. its ridiculous and i don't want to set the bar too high, i don't want to build people's expec tags of it. >> makes it as a sequel which is not so easy to do. >> you mention out of all the categories of people who comment you about "anchorman "it is our type. >> everywhere i go, yeah. news people are fascinated by it. i think at first there was a little pushback. >> i remember. >> because, you know, are they mocking us. >> of course. >> yes. >> but i think they did, i think eventually embraces their own. >> media is not interesting. i want to go back to "despicable me" who on the face of it is so

sweet and lovable at the end of it? >> the first one was a great script and a great story and not to put too fine a point on it. it's an animated movie and sweet and funny. they develop really good characters with it. in those voice sessions, they allow us or try to do anything. >> how long did it take you to figure out what the accent was going to be. >> this accent is really just a bad accent. it's not a russian access. >> the barometer for me was i came home from the session and my kids ran up and my wife said and said, what is the voice? it's kind of like this and kind of go high sometimes and they thought that was great. they kept having me say stuff.

that, to me, was an indication. >> i don't know, but do kids recognize you on the street? do they know steve carell was the voice of our favorite character? >> i went in character on "ellen" a few weeks ago and afterward one of the staff's daughter 5-year-old daughter was there and she said to her mom, he is real. >> he is very tall. >> he is a potato on tooth picks. >> steve carell, thank you for being here. this feels like a real show now. >> this did it? >> this is real now. >> let me tell you, this is all real. >> hits theaters wednesday, july 3rd. "new day" back in a moment. >> thank you so much. >> thank you. i'm going to dream about that tiramisu.

what a night, huh? but, um, can the test drive be over now? head back to the dealership? oh, yeah. [ male announcer ] it's practically yours. [ wife ] sorry. [ male announcer ] but we still need your signature. volkswagen sign then drive is back. and it's never been easier to get a passat. that's the power of german engineering. get $0 down, $0 due at signing, $0 deposit, and $0 first month's payment on any new volkswagen. visit vwdealer.com today. where we've switched their fruits and veggies with produce from walmart. it's a fresh-over. that's great. tastes like you just picked them. so far, it's about the best strawberry i've had this year. walmart works directly with growers to get you the best-quality produce they've ever had. all this produce is from walmart. oh, my gosh. i'm shocked. [ laughs ] i know where i'm going to be shopping for strawberries now. find fresh berries and all your quality produce backed by our money back guarantee. walmart.

our message about you. don't forget us. we're here every day. thanks for watching "new day." cnn newsroom with carol costello

bedw begins right now. >> i won't forget you. thanks, guys, have a great day. "newsroom" starts now. george zimmerman a star witness and a final phone call. >> i asked him -- >> rachel jeantel back on the stand this hour. the knife, the confrontation and what she heard on the other end. the explosive testimony and the tough new questions she could face today. lies about her age, contradictions in her story, the sometimes defiant witness. >> are you finished? sorry. >> yeah. >> now facing the defense. the big question this hour, did the star witness shine?

you're live in the "cnn newsroom." good morning, thanks so much for being with me. i'm carol costello. we're beginning "newsroom" a few minutes early today because we want to set the scene for what we'll see in the next few hours. day four of the george zimmerman murder trial. today's hearing is about to get under way in this emotional and divisive case. the shooting of trayvon martin has ignited racial profiling guns and the laws of self-defense. returning to the stand at any moment now, a key witness who was a friend of trayvon martin. she was on the phone with martin as the deadly fight with zimmerman unfolded. yesterday she testified about the final moments of the teenager's life as martin realized he was being followed by the former neighborhood

watch, george zimmerman. >> and then the man looked creepy. >> you said the man looked creepy? okay. what did you say? they're having trouble hearing you. take your time. >> creepy. >> you told him to run? >> yeah. >> and what, if anything, did mr. martin say? >> and then he told me he's going to run from the back. why are you following me for? >> moments later trayvon martin

was dead. we'll take you back to the courtroom when rachel jeantel returns to the stand. we have analysts to break down all of today's upcoming testimony. but we begip our coverage in sanford, florida, with cnn's jornl howell. he's outside the courthouse. good morning, george. >> she came across as very real, raw, unscripted. she seemed uncoached in every word and every action she says could have a big impact on the outcome of this case. but given some of her answers to questions yesterday, the question now, will this jury believe her? she's the last person to have spoken to trayvon martin on his cell phone the night he was fatally shot and killed. a key witness to the prosecution, whose testimony took various turns throughout the day. at first rachel jeantel became emotional when questioned about why she lied. she said she was in the hospital

and couldn't go to her friend's funeral. >> i didn't want to see the body. >> reporter: she told the prosecutors martin used racial slurs to explain the man following him. creepy. jeantel told martin to run, but then the phone went dead. when she called back, martin said he was still being watched and then confronted. he said, why are are you foll following me for? calling trayvon, vavon. then i heard trayvon saying, get off, get off. >> reporter: then the tone of her testimony changed when cross examined by defense team and at times having -- >> i had told you -- you

listening? >> reporter: the 19-year-old admitted she lied about her age. claiming to be 16 at the time of the shooting because she didn't want to be questioned. she said she didn't call police to tell her account because she expected police to contact her like they do on the tv shows. then, there is the issue of the audio recording the witness made with attorney ben crump. he played pub lackly to draw attention to the case. >> you didn't take it seriously? >> nope. >> back here in sanford, we want to dip into video there in the courtroom. you can see george zimmerman there and at the stand, rachel jeantel is back in the courtroom. just yesterday when she was told