>> although gladys was at first reluctant to leave her human surrogates, she's now bonding nicely, we're told, with her new mom. that's it for me. thanks very much for watching. i'm wolf blitzer in the situation room. erin burnett "outfront" starts right now. "outfront" next and live from sanford, florida, dramatic testimony today in the george zimmerman murder trial. on the stand, zimmerman's best friend. also, the lead investigator in his case, and the medical examiner who describes zimmerman's wounds and trayvon martin's. also, paula deen and the controversial defense she plans on using in her discrimination case. two words -- prop 8. and then, the "n" word. it is a topic that is trending on twitter. how our cnn special last night literally got the world talking. let's go "outfront."

hi, everyone, nice to have you here. i'm ashleigh banfield in for erin burnett tonight. i'm coming to you live from sanford, florida. this, of course, the site of george zimmerman's second-degree murder trial. and "outfront" tonight, quite the pivotal day, because of crucial testimony from the medical examiner. is it the kind of testimony, though, that could damage george zimmerman's claims that trayvon martin slammed his head repeatedly into the sidewalk over and over and over again the night that he shot him dead? >> are any injuries in this photograph life threatening? >> no. >> are any of those abrasions life threatening? >> no. >> and how would you classify the abrasions depicted in state's 73? >> very insignificant. >> could those abrasions be depicted in that photograph have come from a single blow? >> single, in fact, yes.

>> cnn's martin savidge is here with me in sanford, florida. he's been reporting live on this trial from the very beginning, in fact, since the entire case began. so let's talk about that moment and whether in cross-examination george zimmerman's attorney was able to clean up some of that damage. >> reporter: yeah, you're right, ashleigh. nice to see you, by the way. a huge moment in court. and it really was looking bad for the defense, because, after all, this is really the crux of what they've been saying, that george zimmerman, having his head by trayvon martin, beaten repeated into the ground, felt he was going to die. and as a result of that, reached for his weapon and eventually shot and killed trayvon martin. so listening to the medical examiner describe things as she did, it sounded bad. but then, mark o'mara begins the cross-examination, and as he has done so many times with other prosecution witnesses, begins to turn the testimony. listen.

>> it's your position that it's consistent that george zimmerman may have received as little as three -- did you call -- what term did you use, smashing -- >> sorry? >> -- slamming. three slamming into cement. >> i didn't -- i didn't use the word slamming. >> i'm sorry, i thought it was your word. >> no, i got that from the re-enactment. >> what word would you use to describe what happened to the head that you say hit cement? >> impact. >> impact. so it's your position that there are at least three impacts between that head and cement? >> yes. >> okay. >> concrete. >> reporter: the feeling was after that exchange that mark o'mara may not have actually won in that cross between the witness and he, but sort of neutralized the medical examiner there as far as what could have been very damning statement, that the injuries of george zimmerman were insignificant. ashleigh? >> well, marty, i feel as though

there's been a lot of neutralizing going on, whether it's cross-examination or whether it's an actual prosecution witness that doesn't turn out to be much of a prosecution witness. martin savidge has been watching this all along, and there have been no shortage of people fascinated by this. marty, thank you. in fact, this is being watched all around the world, and "outfront" tonight, cnn analysts are jumping in on this. criminal defense attorney markey james, as well as paul callan, and paul martin, up with me in new york. okay. i want to start with you. there has been no shortage of politics that started from the moment this actual incident happened. it's been infused with race. it's been infused with politics and anger and frustration and the politics played out in the courtroom, specifically when it came to this actual witness. this medical examiner, and who appointed her. have a listen and see how it played out. >> you got your appointment to your present position because

the prosecutor in this case appointed you, correct? >> correct. >> okay. so she sort of is your boss? >> not really, no. >> but it was because of her -- i mean, she appointed you to this position, right? >> she actually sent my name up to the governor. so if you want to call that an appointment, well, then, so be it. >> okay, this is your state. what is going on in your state? >> well, this is not the medical examiner. this is a medical examiner, and i think what's been lost by so many, ashleigh, is that she has not examined the body. she didn't come in until a month later. >> she didn't do the autopsy. >> she didn't do the autopsy. she looked at pictures and reports, and her -- not her boss -- angela corey -- >> the prosecutor in the case. >> a political appointment by the governor, rick scott, who also appointed this medical examiner. >> is this defense attorney under cross-examination, in criminal litigation, trying to suggest you are sitting up

there, ma'am, out of politics and politics alone? >> well, you saw how she guarded her words, and the reality of it is, she's got to be careful, because credibility is everything. and, you know, she looked at a picture, and you saw injuries to cuts within inches apart of each other, and she said that likely happened from a single hit. >> okay. >> now, common sense dictates -- forget being a medical examiner -- if you've got two injuries, separated by inches, then it's likely that it's a couple of blows, at least more than one. and to suggest that it was likely only one suggests that she's moving in the direction for the state. >> so, gentlemen, i want you guys to listen in, because politics aside, there's a lot of fact and there's a lot of information that's coming out from the stand, as well. when it comes to the medical issues in this case. specifically, injuries. not just injuries on george zimmerman, injuries on trayvon martin as well. listen to this. >> did you notice in those pictures the cuts on mr. martin's knuckle, on his left

hand, both on the ring finger and a slight one on the pinkie? >> okay, those are not cuts. those are abrasions. so because the cut suggests sharp force injury, and they're actually the skin is rubbed off on trayvon martin's hand, correct. >> that was a yes, you did notice them? >> yes. >> okay. are those consistent with striking somebody? >> yes. >> okay. so we have some injuries -- the only injuries, as a matter of fact, besides the gunshot wound, two injuries on his knuckles, correct? >> correct. >> curious, since you looked at the autopsy, were there any other injuries on trayvon martin at all? >> no. >> any bruising injury? >> no. >> any laceration injuries? >> no. >> paul callan in new york, i want to get your take on this. this was pretty surprising stuff. >> you know, it'satch

i ing o o'mara going after her. he takes another key prosecution witness and turns it around to show that the only damage to trayvon martin was on his hands and his knuckles, indicating, of course, he was striking blows against zimmerman. he turns this critical witness around to the defense side, very, very effective cross-examination. >> okay. another critical witness that took the stand, and it was the moment i'd been waiting for, paul callan, and paul martin, listen to this, because the next question comes to you, and that's got to do with the csi, crime scene investigation. the latent print investigator. they introduced her as christen benson, she works for the state. she does all of the analysis on fingerprinting, and before i play for you this moment, i need to explain what state's evidence 183 is. it's the gun. have a listen. >> did you find any latent prints of value on state's 183? >> no.

>> whoa. no. there are no prints on the gun. paul martin, there are no prints of trayvon martin on the gun. george zimmerman said he went for it, but there are also no prints of george zimmerman on the gun. paul, we know he fired it. >> well, clearly there's an inference that during the struggle that trayvon martin tried to grab the gun. but that's why the prosecution is bringing this out, to say it's obvious no one tried to grab that gun. but the question is, how come the prints aren't there for mr. zimmerman? the gun's been wiped away. so it's sort of a novelty, the whole thing about the print is going to wash itself out. >> well, and it certainly did seem to wash itself out, because they went on to say, does the rain affect latent prints, and she had to concede, yes, indeed, it does. paul, mark, paul, thank you for that. don't go away, folks. we have a whole lot more coming up on the zimmerman trial here in sanford, florida.

there were so many developments here in a hot and muggy july day in florida. guess who comes here every day? stoically sitting in one of the front seats. it's the family of trayvon martin, and they're flanked by people who helped them. their attorneys, their supporters, and they're going to speak to me next about what it's been like for this family to have to sit through some of this harrowing evidence. don't forget, it is someone's son with a bullet wound to the chest. also, zimmerman's best friend takes the stand and testifies. did he do him any harm? did he do him any good? you'll be the judge of that in a moment. and then we have the bizarre and very surprise and strange in paula deen's discrimination case. just when you thought it couldn't get stranger. now we infuse proposition 8 into paula deen's defense. i'll explain in a moment. live from sanford, florida. just by talking to a helmet. it grabbed the patient's record before we even picked him up. it found out the doctor we needed was at st. anne's. wiggle your toes.

[ driver ] and it got his okay on treatment from miles away. it even pulled strings with the stoplights. my ambulance talks with smoke alarms and pilots and stadiums. but, of course, it's a good listener too. [ female announcer ] today cisco is connecting the internet of everything. so everything works like never before. american express credit card, every purchase earns you 2% cash back, which is deposited in your fidelity account. is that it? actually... there's no annual fee and no limits on rewards. and with the fidelity cash management account debit card, you get reimbursed for all atm fees. is that it? oh, this guy, too. turn more of the money you spend into money you invest. it's everyday reinvesting for your personal economy.

our second story "outfront" live from sanford story tonight,

reaction. reaction from trayvon martin's family. i'm lucky enough to be joined by daryl parks who represents the martins. he has been here, not leaving their side, day after day. he tacks to them -- talks to them before trial, he talks to them after the trial. he listens in on the testimony and he's joining me here in the mobile sanford studios. thank you for being with us. >> thanks for having us. >> i see you come in and out of court, i don't want to come up and say hello, but now i have the opportunity to ask how is everyone. >> it is tough. you have to remember they have to sit here and listen to the same testimony. probably one of the toughest of the days was when the guy was talking about trayvon was shot and how george zimmerman tried to hold him down as he was suffering in his last moments. that was very tough. >> but they never falter. they never waiver. they're so stoic. sometimes i wonder how are they keeping it together? what kind of counsel are you able to give them? what kind of counsel is someone

else able to give them, just so they can get through this psychologically? >> the first thing you say to them, you don't want a mistrial, so you tell them, look, you have to hold a lot of it in, right? so they're doing their best to really hold it in to make sure they don't show outwardly emotions, that the jury doesn't see that. it's very tough, because every time they hear that gunshot, right, it's a reminder of his life -- >> and they believe those screams are their baby's. >> yes. >> and yet, i watch them, i watch them in the courtroom when those tapes play over and over again, and they don't flinch. >> well, also, we've done some things to kind of draw their attention down just a little bit. >> like what? >> well, you can put things in the hand, like, you notice they have pads i've given them, they can write notes to me, write notes to themselves, right, about what's going on. as you know, in that courtroom, she doesn't even want his whispering among ourself the, whether it's the media or the family. so you have to communicate nonverbally, which is what they've had to do. >> i tweeted from the courtroom the other day, i'm a mother, i

have two little boys and i look over to my right and i look at her, and it's hard not to mention that both of them sit together, even though they're divorced. >> right. >> and i wonder how sybrina gets through her day. i tweeted out, i'm heartbroken looking at this mother who has lost a child. i don't care about the politics or the litigation or anything else that's going on right now. i'm looking at a mother who lost her baby. and i'm heartbroken. and immediately, i was assailed. well, are you heartbroken for george zimmerman's parents and george zimmerman as well? and it feels as though you can't make a comment in this case without getting attacked from one side or the other. do they get attacked? do they feel the outward pressures that so many have felt in what's become such a black-and-white battle in case? >> they get attacked a lot. for example, in the course of the jury selection alone, you heard various comments about people who had misperceptions about who they are and what they are. what they are, grieving parents who care deeply about their son and who have committed

themselves to making sure their son's life was not in vain, in both ways, whether it's a criminal prosecution or in the foundation efforts they're working on as well. >> you know, a lot of people are saying, boy, this case is going well for the prosecution. boy, this thing's in the bag. wow, that prosecution witness sounded like a defense witness. and a lot of the analysts -- not all, but a lot of the analysts are saying, i don't think they're going to win this case. i don't think the prosecutors will win this case. do you talk to them in earnest about -- as a lawyer -- how it's going, and do you prep them for the possibility that that may not be the outcome they want? >> certainly you can talk about that. but you also talk about that you hope that this jury will follow the evidence in this case. we believe if the jury follows the evidence in this case, there will be a conviction. >> so it's not as though you're having some epiphanies that other people watching this case who haven't been privy to the evidence all the way along, it's not as though trayvon's parents are having epiphanies, saying, i didn't notice that, i didn't

notice that evidence before, wow, that makes me think differently. >> well, i think now we're getting into the nitty-gritty. when they're playing the tape for the "ha"hannity" show, it becomes very clear that his notion that as he was sliding, that revealed his gun. we now know all of the focus was both his knees on the arms of george zimmerman, allegedly, right, and his hands on the nose and the mouth, then you quickly know then that was the focus. so this whole notion of his gun being exposed and that being the reason -- but probably more than that. he knew that the police was right nearby. and the testimony thus far is after he shot, within 20 seconds or so, he saw the cops coming up. he did not have to kill trayvon martin. and i think after all of the evidence this jury heard, they will come to that conclusion. >> so now you're talking like a lawyer and looking at the

forensics coming up. that will be interesting. you have to come back and talk to me about that, especially when we get into the csi issues. it's really painful stuff, especially for the family. give them our regards, because no matter how you feel about the case, where you fall, these are parents who lost their son, and they have to listen through some really uncomfortable, painful testimony. thank you for being with us. good to see you, daryl. nice to meet you in person finally, too. >> thanks. >> after so many months. coming up in the case, next, he helped to hide zimmerman away after the shooting, because everybody wanted to know where's george zimmerman? well, it was his best friend. that's where he was staying. and that's where he was talking. zimmerman told him everything, at least that's what he's telling us. and he told it in court, too. some of our viewers say now, also, the discussion in this particular state, which has been so race-based, and the use of the "n" word has been very uncomfortable, but it's also made them start thinking, we have a whole lot more reaction from the good, the bad, and the extremely ugly, from our special on cnn last night, that's coming

up as well. back in a moment. [ all ] who's new in the fridge! i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete. a simple choice to help you eat right. [ major nutrition ] nutrition in charge. the ones getting involved and staying engaged. they're not afraid to question the path they're on. because the one question they never want to ask is "how did i end up here?" i started schwab for those people. people who want to take ownership of their investments, like they do in every other aspect of their lives.

to take a centrum silver multivitamin every day. i told him, sure. can't hurt, right? and now today, i see this in the news. once again, centrum silver was chosen by researchers for another landmark study. this time looking at eye health. my doctor! he knows his stuff. [ male announcer ] centrum. the most studied. the most recommended. and the most preferred multivitamin brand. the choice is clear. ... you thought wrong. seize the summer with up to 50% off hotels at travelocity.

welcome back to sanford and our third story "outfront" tonight from best friend to potential big problem. george zimmerman's longtime pal, mark ofterman, stood by him without question in the wake of trayvon martin's death. but then, today, came his testimony, and did it do more harm than good to zimmerman's defense? good question. here's david mattingly "outfront" with the story. >> reporter: when george zimmerman decided to buy a gun in 2009, he went to his friend,

mark osterman for advice. now they're face to face in court, and osterman is testifying against the defendant. >> and the defendant grabbed the gun -- >> that was my understanding, that he grabbed the gun. that would have been the only place available to grab. >> reporter: he wrote about it in a book, quoting zimmerman, "somehow i broke his grip on the gun where the guy grabbed it, between the rear side and the hammer." >> that's when he grabbed me by the head -- >> reporter: but this is not what zimmerman told police. listen to what he says as he walks investigators through the crime scene. >> he reached for it, but he reached like i felt his arm going down to my side. >> reporter: in multiple recorded interviews, zimmerman never tells police that trayvon martin ever touched his gun. dna testing seems to agree. there was no trace of trayvon martin's dna on the grip. >> tell me what he did say about having to grab his gun. >> reporter: even under cross-examination, osterman's

testimony couldn't help zimmerman. >> i only heard the story twice, and whether it was grabbed the gun, grabbed for the gun, i just -- perhaps it was just the intent. but i believed he said he grabbed the gun. >> reporter: months before the trial, osterman, a federal air marshal, described to me in detail how he helped zimmerman weigh the pros and cons before he settled on buying a thin, lightweight .9 millimeters. it was easy to conceal, easy to carry. and acting on osterman's advice, zimmerman carried it everywhere. >> always. he carried it always. the one thing i did tell him, for the reason for doing that, was if it is on your person, it can't be anywhere else. >> reporter: it was on zimmerman's person the night he shot and killed trayvon martin. and osterman told me it's hard to answer the question -- does he feel any regret for the advice he gave? >> so i would wish it had never

happened. however, the reason why george had it, it was not for malice. he didn't have it to go out and commit a -- a crime of hunting someone down and harming them. it was for self-protection. and i'm glad that that firearm was used to protect george. >> well, that was september 2012, and this is today. david mattingly sitting right beside me. here's what i need to know. as you conducted that interview, that witness, prior to getting on the stand, it's a year ago, said that george zimmerman was trying to pry -- and these are my words -- trying to pry the hand of trayvon martin off and let me use his word -- >> very specific. >> -- oh, was he ever? the area between the rear site and the hammer of the gun. i have not heard such specificity about trayvon reaching for the gun, being on it, being gripped on it and having to be pried off of it, except from this account, but not on the stand. >> and that account is in his book. and it didn't come out word-for-word on the stand today. now, i talked to osterman about

this. he doesn't think it's that big of a deal, not that big of a discrepancy. >> what? >> because he is in law enforcement. he says if someone grabs for your gun or grabs your gun, he says the intent and the response is the same. >> he had a holster to that, too, right. >> right, he sees no difference in that. >> but here's the issue. if the fingers were on the gun like that -- we had latent print experts say, no prints. what about dna? >> that's something else brought out. we knew what evidence they had prior to the trial. we knew there was no dna on there. we knew that before it came out. we have now zimmerman's story, to his best friend, he grabbed for the gun. >> overall, he has the best friend, and his book, i think, even called "defending our friend, the most hated man in america." so he's written the book about being his best friend. overall, grade that performance. did he do any harm, or did he do good, or was it a wash?

>> there was no one, single thing here that gave the prosecution what they need for a conviction. there was no big moment like that. and again, talking to osterman, again, he didn't feel it was that big of a deal. nobody can get inside the minds of the jurors. you know how that works. right now, the defense is feeling pretty good there wasn't a lot of damage done. >> believe me, we try. when you're in the courtroom, you just stand over at those people. >> and you wonder and watch, and you have cases like casey anthony that completely rock the boat. >> they rock the boat, but if you're in that courtroom, it's different. 80-something days in that casey anthony case. great work. thank you. a lot more work coming out of sanford. this is the tip of the iceberg, folks. there is a whole whack of trial still to come. we're not close to being finished with the testimony. however, tonight, there are already concerns about george zimmerman's safety if he's acquitted. we're going to talk about that, and also paula deen, and what an unusual defense she has decided to mount in the discrimination

case against her. prop 8. i kid you not. prop 8. supreme court and paula deen. we'll explain in a moment. we know it's your most important videoconference of the day. hi! hi, buddy! that's why the free wifi and hot breakfast are something to smile about. book a great getaway now and feel the hamptonality see, i knew testosterone could affect sex drive, but not energy or even my mood. that's when i talked with my doctor. he gave me some blood tests... showed it was low t. that's it. it was a number. [ male announcer ] today, men with low t have androgel 1.62% testosterone gel. the #1 prescribed topical testosterone replacement therapy increases testosterone when used daily. women and children should avoid contact with application sites. discontinue androgel and call your doctor if you see unexpected signs of early puberty in a child, or signs in a woman, which may include changes in body hair or a large increase in acne, possibly due to accidental exposure. men with breast cancer

or who have or might have prostate cancer, and women who are or may become pregnant or are breast-feeding, should not use androgel. serious side effects include worsening of an enlarged prostate, possible increased risk of prostate cancer, lower sperm count, swelling of ankles, feet, or body, enlarged or painful breasts, problems breathing during sleep, and blood clots in the legs. tell your doctor about your medical conditions and medications, especially insulin, corticosteroids, or medicines to decrease blood clotting. in a clinical study, over 80% of treated men had their t levels restored to normal. talk to your doctor about all your symptoms. get the blood tests. change your number. turn it up. androgel 1.62%. what makes the sleep number store different? what makes the sleep you walk into a conventional mattress store, it's really not about you. they say, "well, if you wanted a firm bed you can lie on one of those. we provide the exact individualization that your body needs. oh, yeah! once you experience it, there's no going back. while we make room for our latest innovations, save $500 to $800 on the closeout of our memory foam and iseries bed sets.

plus, special financing-for one week only! only at the sleep number store. sleep number. comfort individualized.

our fourth story "outfront" tonight, the deadly threats against george zimmerman. all of this before a verdict has even been reached or rendered in this case. some supporters of trayvon martin are vowing there will be violence if zimmerman is found not guilty of second-degree murder in the february 2012 shooting. let's just make real clear his family has nothing to do with this. these are people out there in tweetland.

let me give you some of the more tamed tweets that i can put on the air. here's one. if zimmerman don't go to jail, i'm gonna kill his ass. let me find out where he stay. here's another one. it reads, somebody should just kill zimmerman. they really trying to let him off. so when you see stuff like that, that's out there, should zimmerman be concerned for his safety, or are they just largely tweet threats, empty threats, and how do you tell the difference? david mattingly still with me here live in sanford, florida. thank you for staying. you've been doing long hours. also with me is cnn national security analyst julia, kind enough to join us as well. david, let me begin with you. you've had a chance to speak at length with the attorneys who represent george zimmerman. how serious are they taking this? are they really concerned and starting to make plans? >> well, they are concerned, and they're looking at the possibility of an acquittal here and a lifetime problem for george zimmerman. just before this trial, they had difficulty finding a place for him to stay, where he would be secure. >> he hasn't been to his home,

has he? >> he had to leave his home. he hasn't been able to work. he can't go out in public without wearing some sort of disguise and a bulletproof vest. those are the precautions he's taking just when he decides to venture out. >> again, this is america where you're presumed innocent before being proven guilty in a court of law, and yet, this is what he's been living like for over a year. >> right. the tweets aren't a new problem. i had a chance to look at all of the mail and e-mail that he's been getting leading up to the trial. hundreds of pieces of communication from people in the outside world about split evenly, about half and half, for and against. of the people against george zimmerman, 10% to 15% of them say that they wish him to have some sort of harm or to die. a lot of it is just hyperbole.- you know what, juliette, how do you determine which ones are dangerous and which ones -- by the way, is anyone out there actually doing that job? >> yes, so just to be clear here, people who hate zimmerman

are allowed to hate him. people who even want him dead in a generic sense are allowed to do so. so really what investigations will look at, are there specific and credible threats against zimmerman? let's assume he gets off and ends up walking the streets again, and are they specific enough to at least start what's called a preliminary investigation to determine whether that person is serious? i will tell you just from my experience in a lot of these cases, when you look at the anthrax hoaxes, or whatever else, most of these people when approached by a law enforcement official, tend to just be, like, really stupid people, sitting in their rooms, and they're going to stand down once they're approached by law enforcement. it's that .0001%. if george zimmerman gets off, he's a citizen. people may not like him. and if people have specific threats against him, he will probably have public resources dedicated to his safety and security, depending on how public he wants to be. and he may want to write a book. he may want to go on a speaking circuit.

>> sure. and he probably needs to make some money. as david just reported, he's been having trouble working. here's the deal. we have another sort of template, casey anthony, not far from here, in orlando, florida, acquitted of murdering her 2-year-old daughter, and the place went ballistic. i remember the judge -- you covered this with me. >> right. i was out there, yeah. >> the judge in this case decided they needed a cooling-off period. i never heard this before. a cooling-off period before they even opened up the file on who the jurors were, because this is the sunshine state, and they do shed sunshine on all public documents, if they can. >> right. >> so they decided that the public was so crazy after her acquittal, they needed to protect the identities of the jurors. is that the new reality when it's a big tv trial? >> well, just remember when the -- the day casey anthony got out of jail, what a tremendous crowd there was, and all of the

animosity expressed out there, and they put her in a car and rocketed her off to some predetermined place and she'd been in hiding ever since. >> has she ever? it's fascinating and also very valuable. if she wants to write a book, she could have some money, but she has the bankruptcy issue. juliette, thank you. i hope we don't have to talk to you about this when things possibly erupt here. i certainly hope the public can keep it together no matter what the verdict is in this. it's good to see you again, since, in boston, and david mattingly here, thank you. >> sure. i shook my head on this, i didn't think i would be thinking supreme court and paula deen in the same sentence, but i am, because this celebrity chef is using what some say is the most unusual legal argument in her discrimination case. her legal team is now citing the supreme court's decision to dismiss california's prop 8 as a basis to dismiss the racial discrimination charge against her. it's a little weird. stay with me, though.

because it may or may not add up, depending on how you look at it. i want to bring in some expert guests on this topic. former practicing attorney, dean, and very funny man, so a perfect segment for you, and radio show host stephanie miller will weigh in, as well, and cnn contributor ryan. dean, you're a lawyer. >> yes. >> man, i can't believe i'm asking you this. i never thought i'd be asking you whether standing that was determined in a decision handed down by justice roberts would enter into paula deen's case. they're serious about this. paula deen's attorney is serious, the woman bringing the case against her does not almost have a leg to stand on by filing this case. explain and tell me why she may or may not have some merit here. >> first of all, can i refer to you as judge banfield? because you are so knowledgeable on the law, it's unbelievable. there should be a statue in the courthouse when this is done, the trial. >> honestly, i read it off a cereal box. >> oh, no, stop it, ashleigh. you know the law. in reality, so everyone is going, saying something about marriage equality to help paula

deen? they're doing a procedure issue about standing, which means you have a legal right to bring a claim. there are 15 counts in the -- by the plaintiff against paula deen and her company. seven of those deal with racial discrimination. they're trying to dismiss those seven. the other claims, no matter what, will go forward on sexual harassment, breach of contract, assault, and battery. so it's just a question of does the plaintiff, who is white, have a cause of action to say she's racially discriminated against with all of the allegations, paula deen said, her brother, against black people. there are no allegations that because she's white. that's what they're getting at. >> so deen's attorney is asserting this, and this is -- i'm going to quote right from the complaint here. and it is justice roberts. made this observation, any person invoking power of the federal court must demonstrate standing to do so. this requires the litigant to prove that he has suffered a concrete and particularized injury that is fairly traceable to the challenged conduct.

if that's true, how can you actually be -- how could you have that concrete and particularized injury if you're a white person, and you're alleging that there's racial discrimination going on by another white person? >> it seems fairly clear to me you could have a very harmful and toxic environment in which race sentments are being expressed. for example, if your supervisor is engaging in racist remarks nearly constantly, then if you are someone who is a nonracist, who is troubled by this, who might want to intervene, but you fear that you cannot intervene and say something because, again, your supervisors is the one that's created this environment, it seems pretty clear to me that you are being harmed in a pretty concrete way. and so, i actually don't really understand the logic of this claim, even at the most basic level. >> yeah, it seems to me that no matter what color you are, you can be offended. and it's all about hostility in the workplace and not whether you're black, white, green, pink. you can be offended by anything going on around you. stephanie, i want to tell you, if you already don't know this,

walgreens put out an announcement, and i particularly love the spelling of this, so i'll throw this out for you to read along, we're phasing out paula deen's products from walgreens' stores, but i think they spelled paula deen wrong. in our graphic, we spelled it right. here's the deal. every time something in the news breaks, is she doing herself more damage? maybe she's trying to win her case, but it's making big headlines and it's not letting this thing go away. >> oh, i agree with you on that. for her to go on the "today" show and said she's only said the "n" word once in her life, i have some swampland in florida to sell you if you believe that. and i think, honestly, using prop 8 -- let's just hope it doesn't surface she used the "f" word for gay man, because then she legally is toast without butter, ashleigh. i agree with reihan. i think this white woman, i think, is a hero for bringing the case, because it clearly was an environment of really,

clearly rampant sexism and racism, and you don't have to be black to stand up and complain about that, do you? >> well, i will say this, this case hasn't been litigated yet, so i doesn't think we should make that claim. this is certainly the complainant's story now, and paula deen has her time in court to try to answer to these. she's been doing it in the court of public opinion, maybe not well, but the court of law is a different thing. she has lawyers out there. we'll see how they do. dean, stephanie, reihan, appreciate it. thank you. coming up next, a conversation that trended worldwide on twitter. it was a special on cnn, but it's global. "the n" word, is it ever okay to say it? my colleague don lemon will join us with the good, the bad, and the mighty ugly. it's coming up on his special report. it's next. mine was earned in djibouti, africa. 2004. 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. a regular guy with an irregular heartbeat. the usual, bob? not today. [ male announcer ] bob has afib: atrial fibrillation not caused by a heart valve problem,

a condition that puts him at greater risk for a stroke. [ gps ] turn left. i don't think so. [ male announcer ] for years, bob took warfarin, and made a monthly trip to the clinic to get his blood tested. but not anymore. bob's doctor recommended a different option: once-a-day xarelto®. xarelto® is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem, that doesn't require routine blood monitoring. like warfarin, xarelto® is proven effective to reduce the risk of an afib-related stroke. there is limited data on how these drugs compare when warfarin is well managed. no routine blood monitoring means bob can spend his extra time however he likes. new zealand! xarelto® is just one pill a day, taken with the evening meal. and with no dietary restrictions, bob can eat the healthy foods he likes. do not stop taking xarelto® rivaroxaban without talking to the doctor who prescribes it for you. stopping may increase your risk of having a stroke.

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

our fifth story "outfront," the "n" word. maybe more so the response from last night's special, "the "n" word" hosted by my colleague, don lemon. the response has been nothing short of amazing. during the hour-long special, the phrase, "n" word, was trending worldwide on twitter. so tonight, we wanted to take a look at the overwhelming reaction, and it's been nothing short of positive, and nothing short of negative, as you would expect anything else. we also want to warn you that what you're about to hear may offend you, and it may not. which is part of why this is so intriguing. "outfront" three people part of the special -- don lemon, my colleague who hosted it, sophia, filmmaker and 2008 ms. black

massachusetts usa, and also tim wise, who is the author of "color blind." don, i want to begin with you. first off, congratulations. >> thank you. >> a great special and a great conversation to have. you know, i'm really glad you were at the helm of it, because i think you have a very good feeling and understanding, maybe because i heard this portion that you mentioned last night when you talked about being black in america and, also, dealing with the police growing up. let me just play a moment of that. >> okay. >> growing up in louisiana, people would stop me -- my parents did very well. they'd say, where did you get that car, and they'd go, whose car is this, right? >> that's hurtful to even hear that. >> yeah. well, my experience is -- isn't unique, and tim will tell you this later, to most african-american men in the country, during that same segment, ashleigh, i asked all of the men on the panel, had they been followed before in a store, or essentially profiled, and all of the men of color on the set raised their hands and said, yes. and both the white guys said,

no, that has never happened to me before, and tim relayed a story about he was locked out of his car and the police helped him get in and never checked his i.d. that would never happen to me. so i don't think my experience is unique when it comes to that. it's sad we have to live that way. >> so, tim, how about this? you mentioned last night people should never use the "n" word, even if black people use the "n" word, white people should not use the "n" word. and as a white man, here's my guess, you were judged about your appearance and what you said on the program. is that accurate? >> well, you know, i suppose. there are always people who, in 140 character venue like twitter, are going to attack you for anything that you say. of course, there are always those white folks, for instance, who are critical of any white person who speaks out against racism that targets people of color, because they feel like you're almost a traitor, you know, to the white community. then, there will be people of color who are also critical, not so much of me -- you know, there were some tweets last night from folks of color that said they

weren't mad at me for being on the program. but i think they're complaining about the social reality that allows a white person like myself to frankly be taken more seriously when i discuss racial profiling than when la var burton and don, who did that last night, talk about the same subject. >> yeah, and let me jump in here, because i want to talk about some of the reaction last night. and then we'll get to that. i got some that loved what we did. i applaud don lemon of cnn for forcing the discourse on the uncomfortable subject that force people to realize we are not in a post racial society. i'm reading in twitter language. that's what it said. he said, he is talking on a sensitive subject, not saying the word is sanitizing it. the word does exist. maybe in extremely an open honest look at it will help us move on. to tim's point, when you talk about the people who have an issue with it, i got responses that said, don lemon is the biggest uncle tom on tv. so it's supposed to be an insult, but it's not insulting to me. >> all right. i don't know how your day has

been, but you were pretty profound last night, you know, you said that you use the "n" word, even though you're not proud of using the "n" word, so i'm wondering how people are reacting to you. >> my facebook blew up, first of all. i was, like, but one person said to me, you know, we could do away with the word, but are we going to do away with the treatment of people as the n-word? so what i remember when i was a little kid, i remember when nelson mandela became president and i thought we would have a black president of the united states, i was optimistic and certain of that and i'm certain there will be a day not only is the n-word a thing of the past but the treatment of people is that negative horrible diskr discriminatory treatment of people but one day -- >> if i could say something to her point. she sent me an e-mail today and i think it's important because

it's what we were trying to accomplish. he said it made me think about my use of the n-word, did you not -- >> yes. >> and people in the social media said even if they didn't like it, i thought it was a good show and you made me think about it and for me, that's it. >> we should be ashamed -- every new years eve i think i will let it go and it should be on the list of things you do away with -- because it adds weight to your body like bad food. it adds weight to your spirit and makes you less of a person -- >> ashleigh, if i could point out -- >> go ahead, tim. >> my comments, there were people of color that felt bad about the fact, not angry at me but at the fact as a white man i'm given more credibility about the things i say about race than people of color. i think conservative whites were most critical of the larger

point i was trying to make at the beginning of the segment which is, yeah, the n-word is a problem and racial slurs but i was more concerned and am more concerned about as sofia said, the treatment, say the supreme court decision that will limit the voting rights act and make it easier to restrict voting access to people of color. to me that's a form of institutional bias. that's what a lot of white conservatives were attacking me today. saying i basically accused john roberts of calling 40 million americans the n-word. that's not what i said. i said supreme court and congress's inactions will in effect create a bigger problem institutionally with racism than paula deen or anyone using that word could. >> and it may be apples and oranges or may not but so many words matter and words can lead

to action and create words. words are critical as well as action. i wanted to play, something, don, that look, i was a white girl growing up in central canada. i never experienced. this. i only saw in hollywood to me racism was hollywood but when you had lavar burton, oh, my god, when he described what it was like to be pulled over -- let me just play it. let me let him describe it. >> when i get stopped by the police, i take my hat off and gun sla sunglasses off. i stick my hands outside the window and on the door of the driver's side because i want that officer to be as relaxed as he can be when he approaches my vehicle. and i do that because i live in america. >> so, don, here is my question, do you think black folks

watching were like uh-huh, that's the way it is and white folks were just like me, are you kidding? >> yes, well, for -- i hate to general wise but i can speak as a black person, as i've been saying, my experience is not unique with police. you can see burton's mirrors mind and a number of african american men, most african american men who own a car around the country have a similar experience and our parents teach us the way to act if you're pulled over or profiled and yes, sir, you're nice and then you come home and tell me about the problem and then i will deal with it. as an adult, you can't do that. you become outraged. as i said on the show last night, i may be an uppity you know what because now why the heck did you stop me? what do you want? -- >> and. >> real quickly, tim, i had the advantage now of being on this platform where somebody would go hey, aren't you the guy on

television and i'm sir and can i see your license, sir. >> can i get your autograph, you're don lemon -- >> not every american has that advantage. >> i told the story about the officer that helped me break into my own vehicle without ever asking for id when i locked myself out. but there is another story in new orleans, 1993, i'm 25 years old and driving a beat up toyota with tented windows and an anti racism bumper sticker on the back. when i roll down the window and he looks at me and saw i was white, he looks at me and says oh, and i looked at him and said because being white i could get away with this, i said what do you mean oh? why did you stop me? you know i didn't do anything? when i related that story to my colored friends, they said did he put you on the hood and beat you? i said no, he told me how to get

rid of the ticket and my black friends shook their head in not amazement but absolute horror at the reality not only of their own marginalization of the system -- >> i remember -- >> yeah, i was getting -- the one question i kept getting is what is the solution? we can have discussions forever. what is the solution? we spend one year asking the top rappers, asking the top film producers to not use -- not just the n-word, but the b word and h word and anything along those lines and see if it affects the bottom line? >> thank you to all three, what a great conversation we will be right back live in sanford. let's play:

[ all ] who's new in the fridge! i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete. a simple choice to help you eat right. [ major nutrition ] nutrition in charge.

... you thought wrong. seize the summer with up to 50% off hotels at travelocity.

former president george w. bush and former first lady laura

bush are in africa working to renovate a cancer clinic there and out front was there. got a rare interview with them. the bushes told robin about their efforts to help african women and the former president weighed in on nelson mandela and edward snowden and you can watch the entire interview at cnn.com/out front. it's a great one. i recommend it. thanks for watching tonight, everyone. it's been great to have you live. i'll hand things over to "ac i'll hand things over to "ac 360" which starts right now. -- captions by vitac -- www.vitac.com good evening. you saw it with your own eyes, the bleeding scalp and nose. were they serious? the medical examiner weighs in and experts weigh in tonigh also, in the hour ahead a "360" exclusive, mark o'mara joins me talking about his cross-examination and highly effective in response to the quti