good morning, everyone. thanks so much for being with us. i'm ashleigh banfield. we have a lot to cover this morning. i want to take you first and foremost right to the west coast where an agonizing wait has been made even more so this morning with word that the man who is suspected of kidnapping these two kids, a 16-year-old girl and possibly her 8-year-old brother could be armed with homemade explosives. a nationwide manhunt is on for james dimaggio, suspected of abducting one or both of these children whose mother was found dead after a fire in his home. and now dna testing is continuing on the body of a

child also found in that burned home resembling perhaps an 8-year-old boy. their grandmother, who has already lost her only child, spoke to cnn. >> when she comes back, that's a feeling i can't even tell you. worse than the feelings we're having now. it's just -- it would be so unbelievable. but she's all we have left. and that's it. >> that's hard to watch that but it's really uncanny. take a look at grandmother and granddaughter. it's hard not to miss the uncanny resemblance between these family members. she's wearing the picture of hannah on her t-shirt. i want to take us out there who has been covering this from the beginning. why is it an issue of explosives?

why are we hearing that there may be homemade explosives with this man dimaggio? where did that come from? >> reporter: it came directly from the san diego police department. not wanting to show too many cards, it says that everybody needs to approach the suspect with extreme caution because they believe, as they said, that he may have improvised explosive devices on him and they have also warned, not only citizens, but law enforcement officers, let's say the suspect's vehicle is detained somewhere else in the western united states. they are saying approach the car with caution because they fear at some point he may have booby-trapped the car. he may abandon the car and, of course, once that car door is opened, the car could go off. that is what is going on with that front, ashleigh. >> and friends of jim dimaggio speaking out on his behalf and suggesting this is so unlike the man that they know. what else are we hearing about

that? >> reporter: well, as you know, ashleigh, jim dimaggio had the trust of this family. that's why it's such an allegation of mistrust. they cannot believe that he's being accused of these crimes. >> he's allegedly being accused of arson and kidnapping and murder. that doesn't match with the jim that i know. i think i'm surprised as well as his sister and i'm very extremely puzzled by this. they don't believe the facts that are being represented by the media is consistent with what led up to this and how he has acted in the past. >> reporter: again, members of the anderson family saying again time and time again that they can't believe that jim dimaggio could do something. they trusted him. and now we've got a nationwide

manhunt. >> paul, if you hear anything, let us know. we also have another story and it's extreme weather. starting with destructive wildfires plaguing california. and three people are dead in flash floods across the midwest and in the south and also there's storms all along the east coast. it's a bit of a round robin. i want to take you first to california where 6,000 people, 6,000 have been driven out of their homes by a wildfire that is just growing at every minute. the silver fire has no eaten through at least 14,000 acres and a steady wind, very problematic wind, is making it hard for the more than 1400 firefighters working hard to stop it. >> we are seeing fire behavior that we haven't seen in such a long time that the fields are so

dry and you add wind to that and it makes a challenge to catch or keep up with the fire. >> well, that's the dry part of the story in california. it's hoping for rain to help them battle the wildfire but here's the wet part of the story. first, missouri, heavy rain causing major flash flooding there and when i say flash, i mean flooding within minutes. our george howell is live and chad myers is live at the extreme weather center. george, let me begin with you. clearly it looks like the flood has been through and gone but, man, this does happen fast. >> reporter: it happened really fast, ashleigh. in just a matter of minutes, this community was changed all a result of the turkey creek in holster, missouri. the creek at one point, just 24 hours ago, was as high as where i'm standing right now. i want to give you an example of what it did. you look at this trailer home here and people tell me that this trailer home was on the other side of the property over there. so it was strong enough to shift it, to push it over here.

and this is also interesting. look at this home. the shane geling has been ripped off. this is a result of the rising water. but look at the things that are still in place, that weren't moved. it's always strange to see the power and force of a storm like this. and today what you see, you see people coming back with bulldozers here. people are coming back to their homes for the first time to see what is left, to try to start over. the good news here, ashleigh. no one was injured. people are being noiknocking on getting people out and people considered him a hero. there is a lot of damage and people were worried about the weather, worried about other storms coming through. i want to toss to chad myers now because, chad, really, that's the concern. is there more weather, more rain coming through this area? >> no question about it. more rain is coming. it's sagged to the south last night in arkansas. now that the front has shifted to the north, the rain will be

back today. let me back you up five days, guys. here's what it looked like. sunday there was rain over st. louis and then another day, tuesday, another day wednesday, another day thursday, and here we go, we're all the way up now to live on friday and there's more rain on the map. it's because, like a stationary bike, this stationary front isn't moving. everywhere that you see white spots, this is kansas, southeastern kansas, parts of missouri, almost to the boot hill, that's ten inches of rain in the past five days. some spots picked up eight inches, including branson in 12 hours. that's just flooding rainfall that won't stop. and when you don't get that front to move, you're going to get more rainfall coming. back to you, ashleigh. >> chad, thank you very much for that. keep an eye on things, as always. i always ask you to keep us posted if you see something particular for certain groups that we need to warn. chad myers live for us, thank you. >> you're welcome.

in california, police are looking for this missing criminal defense investigator. sandra coke disappeared sunday night from oakland. she was last seen with randy ilana who a family spokesperson says she had dated several years ago. two college friends of dzhokhar tsarnaev face charges for taking fireworks and other items from tsarnaev's dorm room to keep investigators from finding them. if convicted, they could face up to 20 years in prison. a very serious crime. developing at the state department, there is a new terrorist threat in pakistan at the u.s. consulate in lahore. the embassy in islamabad is not that far away. state department also warning americans against travel to pakistan. this latest development is likely to come up during president obama's news conference. that's scheduled for later

today. you can see it live right here on cnn. it gets under way at 3:00 p.m. eastern time. singer usher headed to court today called for by his ex-wife after his son nearly drowned in a family swimming pool at his home. that's coming up next. we'll bey as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. ♪ lealong the jersey shore,g. coca-cola is partnering with local businesses and the seaside heights business improvement district

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even smarter. online scheduling. available now at meineke.com. bizarre and disturbing confession posted on facebook. derek medina is accused of killing his wife but then, here's where it gets weird. posting a picture of her dead and bloodied body on his facebook page and then also an accompanying message saying, "i'm going to prison or death sentence for killing my wife. love you guys, miss you guys, take care facebook people. you will see me in the news." the photo was online for at least five hours and it was shared hundreds and hundreds of time before the facebook company removed the page. cnn's nick valencia is here with more on the story. is there anything more that you can tell us about derek medina

and how this transpired? >> yes. we realized he had emotionalwriter.com page, a website that he was writing where he says he's a published author and writer for self-help books. in hethese self-help books he talks about communication and he gives marriage advice and counseling advice. in one book summary he goes on to say how he saved his own marriage. he says the purpose of the website was for his readers to find the purpose of life. it's a very ironic twist to derek medina's past. it's unclear how long he maintained this website. he was giving marriage tips and counseling tips to his readers. ashleigh? >> something else that was posted and only makes me think about the criminal defense plan for this man who is undoubtedly going to face serious murder charges and that is that he was

suggesting that he was being punched or that this was somehow a self-defense of some kind. any more information about that? >> no new information about that. just to remind our viewers, he admitted this to police in a confession, he had time to go over to his home, changed his clothes, went to his family and then went to the police department and turned himself in. he said that he fired those shots, as you mentioned, in self-defense in a heated argument. another twist to this story is how this image got perpetuated. there some third party sites, buzz feed, new york magazine that are receiving a lot of criticism because they published this photo. now, cnn has elected to blur the image. this is a very disturbing photo and if you have a weak stomach, now is not the time to look at the tv. buzz feed and others aired this image and posted this image online without blurring it. they have received criticism and we have reached out to them and so far we have not received anything.

you have to remember, unless you're a friend of derek medina's or of his wife, you wouldn't have seen this image. ashleigh. >> or friends of friends who can get access to that as well and boy this viral photograph, that can happen so, so quickly, evidenced by this. nick valencia, thank you for that. >> you bet. music icon usher and his ex-wife, they are both headed into a courtroom today because they are in a fight over the custody of their two young sons. tameka foster raymond filed for an emergency hearing after their 5-year-old nearly drowned monday in a swimming pool at usher's house. it was the singer's aunt who called 911. now, usher is the person who has the primary custody of these boys. but his ex says that he is an absentee father. he spent 85% of the time away from his home. and that those kids are in the custody of family and friends instead.

cnn's elena is joining us where that hearing is expected in atlanta. other than a garden variety custody hearing, nothing is garden variety when you have somebody in the limelight like usher. >> we are expecting usher and his ex-wife to be in court in a few hours. they are going to be discussing that hearing. tameka foster raymond requested this hearing a day after the incident. they have two boys, ages 4 and 5. according to court documents, they share joint legal custody of the children but usher has had primary physical custody of the two boys since last year, which means the children live with him. now, in may, tameka filed a civil action looking to change that saying that usher is gone most of the time, saying that the children are in the care of family members. here's what tameka's attorney told us about that. >> miss raymond's focus is on the health and safety of the children and that they would be

in the custody of the parent or of the other parent, not in the third-party setting for days at a time. that's the main concern, the children being left with third parties for an extended period of time. >> this pool incident has brought the custody issue to a head. they have filed a response but they are not commenting. we hope to learn more when both sides meet in court this afternoon. ashleigh? >> that is sure to be a very highly publicized court hearing. i want to take this exact conversation now to the legal arena. our attorneys join us now with what connect expect and how it might be different or maybe not just because they are famous people. let me start with you, danny. this is a bit of a strange question. i think a lot of people may be thinking it. for the longest time, judges and courts often favored mothers when it came to custody. in this case, it was usher who

got custody of these boys. does it make any difference off the bat who was awarded the primary custody and the greater rights in a custody battle when it comes to challenging it later? >> well, from a gender perspective, you're right. women were awarded sole custody more often but that's clearly changed. the important thing to understand with this case is leaving your children in the custody of a third-party custodian, like an aunt or a nancy is not a per se violation of a custody order unless the party's have spelled that out specifically in the custody order. even though usher has primary custody and he's absentee, he's not leaving them absentee. if the custodians have a problem, if they are negligent or not capable, that's another issue. but simply leaving children with a third-party custodian while one is working is not itself a

per se violation. >> so jeff gold, not to suggest that you've had a chance to look at their particular parenting plan when it came to this custodial agreement, usually they are pretty darn careful about the t's be crossed and the i's be dotted about time when you're with those children, whether the other parent is allowed to sign off on the caregivers and, three, first right of refusal, if you're gone for 24, 36, 48 hours, that custody reverts back to the noncustodial parent. wouldn't you think that usher would have done a very particularly specific job on the parenting plan to make sure there's no loopholes? >> yeah, i can imagine them being sloppy about it, as many parents are. but look what we have swirling around. we have tragedy. you know, the injury of his son. remember, the custody was only

given to him one month after the 11-year-old of tameka had died in a boating accident. we have acrimony. this is a mom who didn't get custody of her kids. she's been fuming, no doubt, for a year now. and then she posts this picture on the internet right after the injury of -- sort of an erie picture of her and her son. why was that done? and then finally, we have the legal end of it where now they are in court dramatically right after the incident and he's a celebrity. so it's all over the place. so it's anything but a run of a mill case. >> and we should mention that that other child who died was not in the care of usher at the time that that terrible tragedy happened. it was a water sports accident in which he died. but specifically, danny, if you want to challenge this and you want to use this pool incident as the reason for this, don't you have to show something like negligence, recklessness, or

abuse to be able to really overturn something a judge has already looked pretty thoroughly at? >> you've got it, ashleigh. things happen. accidents happen. but if there is negligence, if there was a dereliction of duty, if this third-party custodian, this aunt or whomever else this child was left with failed to watch the kid, failed to supervise adequately, then that's going to be a different issue. but it's not a per se -- it's not a per se thing. >> all right. danny, thank you. stand by if you will. i have other things i want you to weigh in on in a moment. not the least of which with this next one, a boy who looks like he could be anybody's kid is facing the real prospect of spending the rest of his life locked up. yeah. that kid. if jurors decide to convict him of murdering his own step brother. what the prosecution has to do to make sure that joshua brown stays behind bars for decades.

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a 17-year-old boy could soon find out if he's about to spend the rest of his life locked up

in prison. 60 years. maybe even more. think about how long that really is. the attorneys are now gifgs tvie arguments in the murder trial. he worked alongside his stepfather to bludgeon to death his stepbrother back in 2011. if you think about him looking young there, when it happened, he was two years younger. he was 15. in that picture that you're seeing, he's 17. his defense started this morning by saying that his dad, joshua, was the only killer. >> you really think he involved anybody else at all, anybody else at all to carry out this horrible crime? and it was horrible. and that's how you know who did it. by himself. >> cnn's legal correspondent herself an attorney, jean casarez is with me.

jean, there are a couple of things when the jury gets this case that they can consider in order to get them to murder. it's not just did he do it or didn't he. they actually have a few theories that they can chose between. how does that work? >> well, this is a murder case and it is a theory that either he acted alone in killing his brother, his 14-year-old brother, or he did it with his father. now, this is -- in the age of csi actually, this case has no physical evidence. it has no forensic evidence, it doesn't have phone records, text messages. here's what it does have. joshua young actually confesses to this very close in time by saying, i killed my brother trey and i've got clothes and a baseball bat. help me get rid of it. also, there's a timeline that is critical here. his father, who is a career criminal, pleaded guilty saying i did this alone. i did it all by myself. but you know what?

the father's stories has so many holes. there's a video of him from the circle k and he's got a university of louisville t-shirt on that has a number 34. that is just about the time that trey was killed. hours later, when the body is discovered, ashleigh, there he is, the father, in that very same t-shirt. shouldn't that be the bloody shirt? shouldn't that be the shirt that was thrown out because of that bloody, bloody scene? >> wow, that's amazing evidence. those confessions were given to admitted liars. so the only way we know about the confessions are from admitted liars. it can't be very powerful to have a confession from an admitted liar. >> that's right. and that is very, very true. and the father had such an influence on these people that would make them lie but here they are in court, the father's locked up. they don't have that pressure on them anymore. so why should they lie at this point? >> all right. jean casarez, we're looking at live pictures in that courtroom.

we're going to be on a verdict watch likely later today. i hope you'll stand by to be able to bring it live to cnn when it comes down. a very emotional time, a very tense time when a verdict is about to be delivered and it's made even more tense when you see a face like that, a young boy. jean casarez, thank you. i wanted to make one more note. we often say, oh, a sentence of life or a sentence of 20 years or 40 years. can you think of a sentence of life for ariel castro in his 40s or 50s, yeah, 30, 40 years. when you think of a sent eence r this kid, it's akin to a sentence since the start of world war ii. that's what this kid is facing. it's a remarkable reality. moving on, the accused ft. hood shooter. went out and just said it, i carried out the massacre. not in those words but in so many words.

he is acting out as his own lawyer. i'm also going to talk to a lawyer who has had to go through this, stand by and watch your client as he defends himself and almost walks himself to a maximum sentence. it's all coming up just ahead.

we have stories to update you on right now. a nationwide manhunt for a suspected kidnapper of a 16-year-old girl and possibly

her 8-year-old brother. also in massachusetts, jurors are still trying to decide the fate of the alleged mob boss james "whitey" bulger. he's accused in the death of 19 people. also in texas, a brand-new development in the request of the stand-by attorneys of an army major to actually change their role in the defense regarding the court-martial of nidal hasan at ft. hood, texas. in that court-martial, his stand-by attorneys are now asking a higher court to allow them to alter this whole shattered attorney situation and their participation in the trial given that he's defending himself and i think it's fair to say he's not doing a very good job of it suggesting he's the shooter right off the bat. but if granted, it would override the rejection of their request just yesterday, kind of like a big appeal. as you probably already know,

hasan is acting as his own attorney and acting very strangely. he's accused of 13 murders, killing 13 people at ft. hood, texas, four years ago. what it's like when you have a client defending himself and you have to sit there and watch it, defense attorney chris hadad who was in a notorious murder trial in 2007. first of all, it's great to have you. you're a perfect guest to weigh in on what these attorneys at ft. hood are going through. tell me in ten seconds or so the crux of your case that you dealt with and what your client was like. >> in my case, my client -- first of all, thank you for having me. it's a pleasure to be here. in my case, my client was charged with first-degree murder involving a shooting at a synagogue in boca raton, florida. and he represented himself. the process unfolded and over

the course of time, much like in the case in ft. hood, my client at the time chose to alter the case and defend himself. >> so i watched that case. i covered that case. and i had my mouth on the floor for most of it because your client was so intransgient in that proceeding that i foresaw it was going to be a mistrial. it was just so unusual. how is it that he wasn't even incompetent to stand trial and if you could translate to what you're seeing with nidal hasan. a lot of people are saying, how is it possible that he's not competent given that he doesn't seem to be able to assist in his defense? >> well, there are certainly quite a few parallels that can be seen in both cases, mental health aspects were front and

center in the case in the case that i represented the defendant was evaluated extensively on the question of competency as well as sanity and much like the case with mr. hasan, the ft. hood case, where competency and insanity also were important issues in the case. in both cases, ultimately the trial court and then obviously in mr. hasan's case, the military tribunal has found that he has the ability to understand their proceedings, he's got a rational understanding of the case and therefore he meets the criteria for self-misrepresentation. >> how do you protect yourself as an attorney when you have a client running himself into the ground? because it's your reputation, too. your possible ineffective assistance as counsel that could

be at risk. how do you protect yourself? how do these lawyers for nad id hasan protect themselves? >> this is a death penalty case and the challenges that they are confronting are so difficult and so important. in terms of protecting one self, it always comes down to doing what's in the best interest of the client and in this case it seems like the judge has laid out the parameters and they are doing what ethnically they are supposed to do. >> it's good to see you again. it's been a long time since i was watching you in that courtroom, chris. thanks for joining me today. i appreciate it. >> thank you, ashleigh. i have new developments to tell you about. a famous starlet with the church of scientology. officials are now questioning

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gupta special. i'm going to tell you that right now. i'll be watching wide-eyed. i want to bring you new developments regarding leah remini. she reported shelly, wife the david, head of the church of scientology, was missing. there's questions raised about who really filed that report and of course there's a whole question of the fact that shelly

wasn't really missing. nischelle turner is here. i'm glad you're here. i shook my head when i first read the story. now i'm completely confused. what's going on? >> so moving parts to this one, ashleigh. first of all, the church of scientology is lashing back out at leah remini. she cut the ties with the church in july. there are reports that she filed a missing person's report for the wife of the head of the church of scientology. they did receive a missing person's report for her this week but they are not saying who filed it. we reached out to leah remini but she has not commented on whether she's the person who did this. earlier this morning, a commander of the lapd said they filed up on this report and that shelly is fine. that detectives had a face-to-face with her and she's not being held against her will. so this case is closed at this

point. now, she has reportedly not been seen in public for several years, ashleigh and leah remini's sister said that her sister's problems with scientology started when she asked david about his wife's whereabouts at the wedding of tom cruise and katie holmes. so that's where this fracturing started and then leah decided in july to leave the church. >> this is crazy. from what i've gathered, leah was friendly with shelly and was concerned about not having seen or heard from her. i think my bigger question is, case closed or not? are police potentially thinking about going after leah remini? are they worried that this is nuisance or mischief or is it really going to go away, all but the battle between the church and miss remini?

>> if she had a concern about the whereabouts, that's a missing person's report. but the church of scientology says it's nonsense. they've released a statement saying that this entire episode was nothing more than a publicity stunt for ms. remini. rather than move on with her life and career, she has aligned herself with a handful of untrustworthy lunatic tabloid sources who obsess ifl harass the church to advance their selfish agendas. we should also say that leah remini's husband and mother is still members of the church of scientology. >> that is odd. it's an unusual story and there are many unusual stories, i have to be honest, nischelle. >> i hope i sorted it out a little bit for you. >> you are amazing. i've got to be honest with you, no one else could. have a good weekend. >> you, too. this looks like any other

pair of glasses but with google glasses you can facebook and tweet and find a restaurant in a jiffy as you're walking around. so why would some people want them nowhere near their store shelves? we're going to tell you after the break. ♪ [ male announcer ] the distances aren't getting shorter. ♪ the trucks are going farther. the 2013 ram 1500 with best-in-class fuel economy. engineered to move heaven and earth. guts. glory. ram. the new ram 1500. motor trend's 2013 truck of the year. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare,

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i'm talking about a high-tech google glass product that can take pictures and video like you see in the images on your screen right now. you can actually look at your burger as you eat it. but even before this product hits the shelves, a lot of places are wanting to ban it outright. lori is live from new york. why? what seems to be the problem? why would anybody ban such an incredibly cool thing? >> it's so innovative. why stop it? first of all, the number one place, casinos, a lot of folks are worried that you can record so easily just by saying, okay, glass, take a picture, record. a lot of casinos are nervous. they have been banned in las vegas casinos, atlantic city casinos, delaware casinos. they are not banned from the hotels but they are banned from the floors because people are nervous that there can be cheating going on during gambling. you'll probably have to put them away if you want to play black

jack. and imagine receiving text messages in your glasses. proposed legislation that would ban google glass while driving would be west virginia and delaware. these glasses are really not even out to market yet but a lot of places are worried that this could be a distraction. >> and for anybody who thinks it's funky that they call it google glass, that it's actually google glasses, i have an answer for that. laurie, thank you. appreciate it. >> thank you. okay. a photographer says it is art. his neighbors say it's a huge invasion of their privacy because he took secret pictures of them because he displayed them and sold them and they went to the judge and said no. weird. we're going to have a rep minder to watch "weed," a fascinating documentary with dr. sanjay gupta. it airs on sunday at 8:00 and

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i want to show you a couple of photographs and get your feedback on them. i know you can't talk to me but just try. these are people in their apartments in new york going about their daily lives and they are being photographed by a

telephoto lens. a guy in another building was taking pictures of them. i know. it seems creepy. here is where it gets weirder. he put them on display in an art show called "the neighbors." people in those photos were not happy and one family said we're taking this to the judge. they sued and they lost. the judge said sorry. this is art. i want to bring back defense attorney danny savallas and jeff gold. are you kidding inding me? this is art. these are photos. how could this be art and how could this be fair? >> here is the court's logic. it's a well-founded rule that privacy rights yield to first amendment rights when it comes to matters that are newsworthy. it's why you can show a picture of brad pitt on the news but you can't use it later on in a book and make money. newsworthy events trump privacy

rights. in reading this opinion, you look for that chmissing in the logic armor. these people are culture attractions and they are newsworthy events. that's the leap that will con found a lot of people. because it's a newsworthy event it can be shown. >> you lost me on the newswor y newsworthiness of somebody having breakfast or a nap. jeff, i want you to jump in. children were shown. their faces were shown. in the only were they shown in the gallery, they were used in promotional material. that's where i wonder if appropriation of someone's image for money making matters is legal or fair or really downright immoral. >> that's right. certainly let's take it to the

logical extreme. if you took pictures of naked kids it would be child porn. that's not this. taking pictures of a kid in mall. kids at a birthday party. we're going through the window. almost like a peeping tom. i'm going to say these rights of privacy which were asserted by these alleged victims had good basis in the law and the judge, while he ruled against them, actually said one of his consideration was that the artist agreed to pull down the pictures from the website and to take them off of display. there were good rights here and with good reason because it creeps you out. >> that's the story of the week. creeps you out. thanks very much. my final thought after the break. so... [ gasps ]

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i think it's no secret there are circumstances that look like the third world that exists right here in the united states of america but if martha ryan gets her way that's going to end. have a listen to this. >> years ago my daughter and i were homeless. my main priority was to get high. then i got pregnant again, and i was like what am i doing. i need to change. >> i have never met a woman who wanted to hurt herr unborn baby but i met a lot of women that did not want to do the right thing. the common denominator is poverty. poverty is an accident of birth. pregnancy is a wonderful window

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