now. >> your >> announcer: this is "new day" with chris cuomo, kate bolduan and mckayla pereira. >> good morning, everybody. welcome to "new day," 6:00 in the east, i'm chris cuomo. >> i'm kate bolduan. >> good morning. >> it's the most controversial practice for america's largest police force, and now the nypd's stop and frisk tactic is under fire from a judge. mayor bloomberg says it saves lives. critics say it amounts to racial profiling. we're going to dive into the debate this morning. also ahead, divorce is too often a blood sport these days, you know that, but murder? a former bank of america executive now stands accused of trying to kill his wife by hiring four hitmen, one of whom was his mistress. one was to take out his wife. now his wife and daughter are going to tell you why they both fear for their lives.

let me ask you a question, would you be willing to travel at hyper speed? the hyper loop will take you from l.a. to san francisco in just 30 minutes. that's just the beginning. how close is this to reality is the question this morning. >> good conversation about that. very, very cool. first up, big news out of san diego. hannah anderson's father says she faces a slow healing process following her abduction. we're learning dramatic new details about hannah's rescue and how she first learned of the deaths of her mother and brother from the fbi. let's get to miguel alvarez. good morning. >> reporter: good morning to you. those who know hannah anderson say that she is shocked by the attention that her kidnapping has garnered, that she is beginning to smile a bit. she's talking a little bit about her experience as well, but maybe most importantly, she's starting to prepare for the funeral of her mother and her 8-year-old brother. more than a week after being

kidnapped by a close family friend, hannah anderson is waking up this morning released from her captor. the 16-year-old teen reuniting with her father. >> i am very proud of her and i love her very much. >> reporter: her horrible ordeal far from over. hannah is just learning that her mother and 8-year-old brother ethan were murdered, their bodies found in the burning home of the abductor james lee dimaggio east of san diego on august 4th. >> the healing process will be slow. she has been through a tremendous, horrific ordeal. >> reporter: dimaggio is then said to have kidnapped hannah leading to a highly publicized amber alert. she was found 1,000 miles from dimaggio's home. authorities say he had a rifle when the fbi reached this remote location in idaho where he held hannah under duress. >> the only way to access it is by helicopter. >> reporter: dimaggio fired at least one shot at the fbi. hannah in close proximity to her captor when he was gunned down by the fbi. >> she is a victim in every

sense of the word in this horrific crime. >> reporter: the major break in the case came last wednesday when a group of horseback riders encountered the pair, later recognizing the teen from an amber alert. >> she had a scared look on her face when i first came up the trail. >> reporter: many details remain unclear, including dimaggio's motive. now that hannah is back, her father says the family needs to heal and grieve. now one other interesting thing that the sheriff bill gore, san diego sheriff's department, that she was under extreme, extreme duress. somehow trying to squelch these rumors in her being come police s complies city -- complicit, they don't want the family to be victimized anymore. investigators are searching for a why a 60 foot wide

sinkhole opened up and swallowed a florida building. cnn's martin savage is live in clermont, florida, with the latest. good morning, martin. >> reporter: good morning, chris. yeah, we expect to get an update from official on just how it all happened. in the meantime, from the whnss who heard the screams and shouts, they thought it was a movie. oh, no, it was all too real. a dramatic moment caught on tape. as a condominium at the summer bay resort collapsed into a sinkhole. not long before it had been packed with vacationers. ben warwick of des moines, iowa, started rolling at the right time. >> i turned to film the guys talking to the fire department. i heard a crack and i quickly switched over and the roof came down. >> reporter: for more than 100 guests here to see the land of the magic kingdom, suddenly they were gripped in terror in the middle of the night. >> it was the most surreal experience. i never could imagine in my

wildest dreams. >> reporter: those watching nearby couldn't believe their eyes. >> i thought it was crazy. how is that happening? >> reporter: miraculously no one was killed, not even injured. some crediting a security guard. >> one of the security guards was evacuating people, barging into their rooms. one woman was sitting into the tub and the tub levitated. >> reporter: in florida most sinkholes happen when the acidic water table eats away at the limestone rock. warrick is looking for something less exciting. >> we're fine. power is back. got air conditioning. hopefully still going to have a great vacation. >> again, absolutely amazing that nobody was injured in all of that. a lot of the hotel guests though had to leave everything they had behind. i was asking the manager when could they go back and his answer was fairly simple and to the point, maybe never.

kate? >> who knows if they want to even test their fate on that one. martin savidge, thanks so much, martin. in the area between tampa and orlando sometimes called sinkhole alley, there have been four other incidents since this spring. florida is not alone. there have been a spate of incidents around the country. the video, no matter what state it's in, is always astonishing. >> the video and the sounds in some cases. >> yes. >> you know, there are not meticulous national records for sinkholes, but in florida there were nearly 25,000 reported over a five-year period. that's an average of nearly 17 claims a day just in florida and as we've seen, they can be dangerous and deadly. >> that's what a sinkhole sounds like swallowing the summer bay resort early monday morning. the 60 foot wide crater in clermont, florida, just the latest incident in this year's string of sinkholes across the

country. in july 60-year-old pamela knox plummeted into a sinkhole on a busy street. >> as the car was falling, i kept calling on the name of jesus. i just kept saying, jesus, jesus, jesus. >> reporter: some have not been so lucky. >> i couldn't get him out. i tried so hard. i tried everything i could. >> reporter: in february a sinkhole opened up underneath a suburban tampa home killing 36-year-old jeff bush who was sleeping in his bedroom. this is how sinkholes are formed. a cavity slowly develops in the limestone bedrock. over time it widens eventually breaking the surface, then the clay and sand above collapse into the hole swallowing everything in its path. repairs can be costly. >> i stepped right here and my foot went down in the hole. >> we thought we'd live and die here.

we didn't have a plan b. >> reporter: a plan is what sinkhole inspectors say could prevent destruction. >> behind the stucco the block could be broken. just another sign of sinkhole activity or at least enough for you to know to have your place tested. >> yeah, you see the cracks in that foundation there. advice from inspectors, take every crack seriously. indication your house could be moving or siccing. as for ex-fixes, they can be very, very expensive. sometimes they can pump concrete or they install brackets under your house, essentially stilts. very expensive. tens and tens of thousands of dollars. >> and the limestone under much of the ground in florida makes it sinkhole alley. geez louise, that's crazy. a little bit of a caveat. buyer beware. you know when you're coming into an area, that's one of the things that's worth the expense to be safe because if it goes wrong, it goes so wrong. >> do you even want to take a chance?

>> that's exactly -- sometimes you have to spend to be safe. >> j.b., thank you very much. a lot of news this morning. let's get right to mckayla pereira. good morning, everyone. investigation underway after ayman fell to his death during the braves and phillies game last night. at turner field he fell 65 feet off an upper deck into a parking lot. the incident does appear to be accidental but they're checking to see if that victim had been drinking. happening right now, firefighters in eerie, illinois, trying to control the flames after a natural gas pipeline exploded late last night. crews have been able to shut down the gas line, but the fire is expected to burn for some hours to come. residents living within a mile of the explosion had to be evacuated. a shelter has been established at the eerie fire department. hundreds of homes evacuated in central idaho. the elk complex fire scorching 141 miles of mountain terrain. another fire, the pony complex, has burned through 225 square

miles just a few miles to the south. fire officials in the area concerned this morning that many homeowners in the communities of pine and featherville are ignoring their orders to flee. lawyers from boston crime boss james whitey bulger plan to appeal his conviction. in all, bulger was found guilty of 31 of 32 counts against him stemming from his time as head of the notorious winter hill gang in the 1970s and '80s. he was arrested in 2011 after some 16 years on the run. the 83-year-old bulger could get life in prison when he is sentenced in november. the biological father of baby veronica out on bail in oklahoma after he was arrested for denying an order to return the little girl to her adoptive parents. there was a long, drawn out custody battle. he claimed custody rights under the indian child welfare act.

brown lost, but veronica has not been returned to her adoptive parents. we're following the story and we'll bring you more coming up later in our show. talk about a crowning achievement for ayman who's been playing golf for six decades. 81-year-old eddie man derville was out on the links in florida, a par 3. he hit two holes in one, back to back nonetheless. the national whole in one registry, yes, there is such an organization, says the odds of shooting two holes in run are 67 million to 1. i add for an 81-year-old, that probably increases. rarity. congratulations to mr. manderville. i know we have a doubting thomas on our table, but so be it. >> no, i'm over it. i'm a fan of fast eddie. short games, the hardest. it shows those 60 years he's playing, he's honed the hardest part of the game. >> you came around. i love it. >> he's still rocking the course at 80 years old.

>> a bad day golfing is still better than a good day anywhere else? isn't that the -- >> yeah, long bumper sticker, but i like it. >> a bad day golfing is better than -- >> you have to have a really big bumper for that. >> look who's back. >> we totally agree with you. so let's talk about some weather, folks. more heavy rain and flooding has prompted the colorado governor to declare a state of emergency in el paso county. storms are back where one person was killed and another still missing following a weekend mudslide. cnn meteorologist andrea peterson is back keeping track of all of the weather. this is one area that does not need anymore rain. >> this is so scary. heavy rain over a burn area. we had the waldo fire there. this is a four foot wall of water that came down impacting the area. now yesterday they also had rain again. an inch of rain grew through the

area. that's the concern today. will there be more rain? yes, there are thunderstorms in the forecast. the only good news is they're not expected to impact the burn area. with that, we're not looking at the threat of it rushing down the canyon. that was all through several inches of rain per hour in the region. with the heavy rain we were talkings about the threat. the current radar, lighter showers cruising through the area. better forecasts ahead for them. unfortunately that is not the case in oklahoma. we talked about this all week last week, even through the weekend and today more heavy rain. we can see the lightening bolts, thunderstorms cruising through oak again. several inches of rain still possible. the flash flood warnings are high as well. looking for flooding from the northeast as we look at a cold front starting to push through the area. anywhere from up to three inches of rain possible in the forecast to the mid-atlantic. hard to believe heavy rain coming to new york today. hope you have the umbrellas. >> we will soldier through as we always do. thank you so much, indra.

>> weather is bad, but glad to have you back. mixed policing. a federal judge ruled new york city police stop and frisk tactics violate the constitutional rights of minorities. this was a big decision, and in the blistering opinion the judge said the policies of former racial profiling, she's called for an independent monitor to oversee changes to the police department's policy but mayor michael bloomberg is defending the practice and has already announced a plan to appeal. this is a big issue that's moving across the country. let's bring in cnn legal analyst and former federal prosecutor, sunny hosta, good to have you. >> stop and frisk isn't wrong. it's okay but it has done done in a particular way. if you stop someone, you have to have a reasonable suspicion. a reasonable suspicion is more than a hunch, ah that guy looks a little strange. it has to be what is reasonable.

is there movement. is there crime afoot and this person meets that description? this judge said the police force in new york city is doing it wrong. they're basing their stops not necessarily on a reasonable suspicion but really on indirect racial profiling and that's unconstitutional. >> the proof that she looked at primarily, the overwhelming majority of stop and frisks are of minority people and the overwhelming number of stops do not result in arrests. that was key. >> 4.4 million stops and 88% didn't lead to any arrests, didn't lead to anything. that really is, i think, just a striking statistics. >> goes to the reasonable basis of suspicion in the first place. >> no question about it. >> better than making bad arrests, but still not the right practice. let's bounce some of the counter points off. the police, the mayor says we go to the areas where the crime is and that's where we do this and we do it, these stops, less than the actual percentage of crime in the area so it's okay.

>> yeah, it's not okay. i understand the stop and risk. i was in law enforcement. i was a federal prosecutor. i've had stop and frisk cases, thu can he effective, but you cans trounce on someone's constitutional rights. you can't stop someone because they were black or latino. that seems to be what the evidence was. this judge looked at this evidence over a nine-week trying. i think her decision, which i have in front of me, is about 198 pages, certainly it's really well reasoned, well researched. it seems to me when you look at the facts in this case, the uncontroverted facts, there seems to have been an illegal racial profiling as part of the basis of a stop. you can't trounce the constitution. >> mayor says crime is down because of this practice among other things. >> i don't know that that's true. crime is down. i'm a native new yorker, in new york for years it's been consistently going down. when you have 88% of the stops not leading to any arrests, i

don't know how you make the connection that the stop and frisk policies equal lower crime. it just doesn't really make any sense. >> the outside the law criticism of this decision was this is the pc police. this is the police versus the pc police. you don't like the reality that minorities are committing most of the crime and this is a way of avoiding that rather than dealing with the simple but ugly truth. fair point? >> i don't think that's a fair point. certainly there are whites that are also committing crimes. i've got to tell you, if this were happening on the upper east side of manhattan which is predominantly white, this wouldn't be happening. certainly i think that even if crime is being committed in african-american communities, you can't target an entire population because of a few and that seems to be what was happening here. >> right. and those who like the decision said, you know, the cops should be happy because what we're telling you is if you want to police the places where the kr50i78s a crimes are, make arrests. >> on a constitutional basis.

>> sunny, thank you. >> it's a little wonky. >> they'll get into the debate. they'll understand what the law was. appreciate it, sunny. coming up next on "new day" anthony weiner revealed, no the in online photos but a candid interview. he may have leaked a bombshell on hillary clinton's plans. at least that's what people are reading into it. you walk into a pharmacy and you want to buy nail polish. they say, we want to see your i.d. why? key word, acetone. we'll tell you when we come back. ♪ i'm fed up with always having to put my bladder's needs ahead of my daughter. ♪ so today, i'm finally talking to my doctor about overactive bladder symptoms. [ female announcer ] know that gotta go feeling? ask your doctor about prescription toviaz.

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anthony weiner is opening up for his most extensive interview since new sexting allegations rocked his campaign last month. weiner is facing some of his worst poll numbers yet. it remains to be seen if his sit-down with buzz feed will hurt or help him. here's jim acosta. >> reporter: anthony weiner passed on having a beer in what was perhaps the easiest question of the evening. >> are you back in therapy? >> i -- you know, apparently you never go out of therapy. >> reporter: for nearly only 40 minutes that can be described as quintessential weiner he veered from one uncomfortable subject to the next. >> i feel that what i've done has hurt her, yeah. it's hurt her professionally. it's hurt her personally. >> she's helped me out every day. >> is -- do you know what her role in hillary's 2016 campaign is going to be.

>> i do. >> what will it be? >> i'm not telling you. >> reporter: to the latest revelations that he continued sexting other women well after leaving congress. >> i did these things. no one did this to me. i did this to me. i made these mistakes. >> reporter: but his campaign for mayor has been more than a personal train wreck. weiner's had a few political ones as well. >> had i conducted myself in the manner in which you conducted yours, my job would have been gone. >> in the privacy of your home? >> reporter: no shocker in the poll that says 80% of new yorkers have an unfavorable review. >> reporter: numbers that were likely not helped when he dropped an f bomb near the end of his interview. >> i said to mike bloomberg the biggest thing i was going to do was tearing out your [ bleep ] bike lanes. >> reporter: the question is if he can stay within his own lanes

between now and election day. jim acosta. >> it keeps getting more and more interesting. >> it's bad. >> exactly right. coming up on "new day," hillary clinton back in the political limelight. making a sweeping policy speech. you know what we're going to ask? a sign of things to come. what do you think? john king has a political gut check. a former bank of america executive plotting to have his wife killed. he is behind bars and she's appearing live on "new day" exclusively to talk about the ordeal next hour. but do you really? [ female announcer ] neutrogena® makeup remover erases 99% of your most stubborn makeup with one towelette. can your makeup remover do that? [ female announcer ] neutrogena® makeup remover.

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how are you? how's the morning going so far? good? welcome back to "new day." it's tuesday, august 13th, 2013. >> i'm kate bolduan. coming up in the show, need nail polish remover? well, you might need your id to buy some at your local cvs store now. >> this is a restriction with a good cause. can't wait for that one. plus, so a casino in ohio gives away a good million dollar prize, good, right? it was to the wrong man. good morning, everyone. making news, hannah anderson's father says she has been through a horrific ordeal but she's now home with family and friends and that healing process will be slow. the 16-year-old as you'll recall was abducted from san diego, taken to a remote area in idaho. dimaggio was shot and killed by

an fbi agent. it was only then that she learned that her mother and little brother had been murdered. two security guards at a florida resort are being credited with saving lives as a massive 60 foot sinkhole caused one building to collapse and another to begin sinking. thanks to the guard's efforts, everyone was out of the two buildings before the first one collapsed. the summer bay resort in clermont, florida, is about 10 minutes from walt disney world. a 12-year-old boy in florida now fighting for his life at miami children's hospital yuntd going treatment for a brain eating a mean ba. this extremely rare infection is found in warm fresh waters, lakes or canals, and enters the poddy through the nose. zachary was hospitalized days after swimming in a ditch filled with water. the makers of bagged salads linked to cyclospora will stop production. they won't resume those

shipments until they get fda approval. a white former employee cannot sue celebrity chef paula deen for racial discrimination. that's the ruling of a federal judge in georgia. that employee, lisa jackson, claimed deen discriminated creating an offensive workplace for them. she's claiming deen's brother sexually harassed her. finally, a touching moment at the zoo in taipei. an adorable giant panda cub getting to meet her mommy for the first time. these are the images of the panda cub. care takers watching her around the clock. it will be another couple months before the panda cub will be on display. the nurses have nicknamed her

ronzai which is apparently rice ball. >> what's the name? >> wanzai that the nurses gave her. >> rice ball. >> rice ball. >> it's pretty amazing how panda's go from not so cute to very cute. >> kind of cute with the little legs. >> not so cute when they're born. >> i love when they do the turkey legs, puppies, pandas, whatever that is, i love that thing. don't try it at home. very tough on the gurn. >> what? >> what is a gurn? >> the groin muscle. guy speak. >> wow. >> so much we learn. we're like -- >> gurn. you never want to say the full word. >> you learn something new every day on "new day." >> moving on. >> it's a perfect time to go to political gut check. i'm not going to segue. all the stories you need to know coming out of washington and around the country. back into the political arena monday is hillary clinton tackling what she calls an

assault on voting rights. >> not every obstacle is related to race, but anyone who says that racial discrimination is no longer a problem in american elections must not be paying attention. >> her remarks kick off a series of policy speeches coming her way this fall and john king is here to break it down for us. good morning, john. >> good morning. skip the segue. >> i was going to skip the segue. i was going to save you from the segue this morning. this is our new challenge. how uncomfortable can i make john king. this was a big political speech as we heard some of it. are you surprised by it? it's a policy speech but it's taking on a very political issue. >> look, she knows exactly what she's doing. i'm not surprised by it because her team has signaled she's going to give this series of speeches and she wants to talk about issues that are prominent in the national and international debate. the voting rights debate is front and center in our legal

policy debate and it's front and center in our political debate. here's someone who's a prominent attorney, very familiar with these issues from her days in arkansas as the first lady of arkansas, a state where voting rights and civil rights especially education rights are very prominent. so she can say on the one hand this is nothing to do about 2016. i'm a big attorney, i care about these issues. i want to talk about it. let's also be honest. the african-american constituency is the biggest base. if she runs in 2016, barack obama will be gone from the scene. it's a constituency where he crushed all of his opponents in 2012. >> she will be continuing with these policy speeches next month taking on national security. talking about a speech on national security. read between the liechbs on that one. what do you bhak it? >> she's going to write a book. she's going to be very

prominent. while she says she has not made a decision on 2016, she tells her aids her inclination is not to run. she's doing everything she has to do to run. she can wait later than anybody else to say i'm running should she decide to run. she can wait later than anybody else. this keeps her out there and keeps her prominent in the national debate, keeps her prominent in talking about the issues that will matter in 2016. it's a signal, look, i can't give you that answer. you'll wait a year or more for that. i'm going to be out there and be in the mix, don't worry about it. >> don't worry about it. you will hear from me. i do want to ask you about this is an important decision, an important move in terms of justice in this country, but it also is important political move when you're talking about attorney general eric holder announcing easing the sentencing guidelines for low level nonviolent drug offenders, gotten a lot of pickup. he has support from some on the left, some on the right. look at it through the political lens. what about this long-time fear

that many democrats have had of being attacked as soft on crime. is that no longer a political liability? >> this administration thinks it is no longer a political liability for the party for the very reason you just stated, that you do have this unique coalition, that you have liberals. patrick leahy, the senate judiciary chairman from vermont, rand paul, the lib bert taryn conservative senator from kentucky, they both agree on this issue. they think the mandatory minimums are too rigid. don't give any flexibility. they are overcrowding prisons, some of whom are better in rehab. the financial drain on states and the federal budget. the president believes he's on safe ground. remember willie horton, michael dukakis. he was soft on crime. the george h.w. bush campaign used that effectively. in 1982 i was with bill clinton. i was the pool reporter. the governor had no signature authority outside the state. he had to fly back to arkansas, we landed in west memphis so he

could sign a death penalty case because he was trying to prove i'm a different kind of democrat, i'm tough on crime. i support the death penalty. this issue has been over the democrats but he and his team think they have the political room to do this and they'll move forward with it. >> it could be a legacy issue. man, what strange bed fellows these issues make. >> something that could get done in washington that's pretty paralyzed. >> good to point out when we can because it is rare. >> that is true, it is rare. strong point. coming up on "new day," time for a little break. concerns about a key ingredient found in nail polish remover. why you may need your id to buy some at one major drugstore chain and others will follow. good reason. a million dollar mixup. we'll let you know what a cincinnati casino decided to do after they gave it away to the wrong guy. >> hey, can we have that back?

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let's go around the world now starting in southern china where they're bracing for a power full and deadly typhoon. we get the latest from hong kong. >> reporter: the world's most powerful storm of the year so far has plowed through the philippines. no catastrophic casualties which is remarkable given images like this. a woman is seen floating down a swollen river on top of a thachd roof. she disappears in the waves and then reappears but we don't know what happens to her. the storm, it has weakened but it is still severe and it's heading this way. it is now moving across the south china sea heading toward southern china. kate, back to you. >> thank you. now new developments in the middle east this morning as israelis and palestinians

prepare to have peace talks. >> reporter: the israeli government is set to release 26 palestinians sometime in the next six days. this comes ahead of the peace talks which will resume again on wednesday. it also comes after a very controversial and provocative move by the israeli government on sunday to release bids for 1,000 new settlements to be built in the west bank and jerusalem. back to you, kate. >> vladimir, thank you so much. back to china. neighbors are complaining about a professor who has turned his penthouse atop a beijing high rise into his own version of a mountain top get away. cnn's david mckenzie has more. >> reporter: it's causing a firestorm on social media here in china. across the way, that building a chinese medicine professor has built this enormous rocky outcrop on top of his apartment, 10,000 square foot of apartment. the people in the building have

complained for years says state media says there are cracks forming. he's a senior member of the communist party. according to media here in beijing. many people feel he will be untouchable. kate, back to you. >> why oh, why would you want that. there you are. all right. here we go. here in the u.s. another common drugstore product is getting harder to buy. you're going to shake your head but wait a minute, first it was cold and allergy medications. we know why, it has pseudo ephedrine in it used to make meth. in order to buy nail polish remover, you have to be 18 years old and prove it. it's another battle in the war against meth. cnn's christine romans is here. >> this is one of the ingredients in home cooking of methamphetamine in addition to lye, home house cleaning, scary, nasty, toxic stuff. cvs says you will be carded.

you have to be 18 years old to buy this. it can be used to cook meth and that's a dangerous proposition. what cvs is saying because this is illegal, there's a valid id must be used to purchase nail polish remover. you have to be 18 years old to get this. you will be carded. they are going to look for this and they are going to keep track. you can buy ten of these. they will say, no, you can't have ten. you don't need ten bottles of nail polish remover because the people who are buying ten bottles of nail polish remover are in many cases working in the beauty business or cooking meth. >> or a criminal. >> it's a good thing to try to prevent meth from being made and criminals from getting what they need, but what is the motivation for cvs to do this? is this more about preventing a

lawsuit? >> i think there's a liability. i think there's a concern from big corporations. they put the cold medication behind the counter. this is not behind the counter. you can get there. they put high octane cold medication behind the counter. some cases they have paid outsetlements for not making it harder for drug cookers to get that kind of stuff. again, these are household products. household products you can buy and you can use to cook meth. the majority of the stuff is still coming in from super labs in mexico but since 2007 we have seen more of this home grown meth in the united states. >> is there any evidence that this is going to stop them from doing it? they seem to find ways to stay steps ahead of the backup. >> no real evidence yet. most of the drugs are coming from the super labs in mexico. they're smuggled from mexico. home groin stuff is 20, 25% of what's consumed in the u.s. it's real dangerous. >> i've seen more acetone free

on the shelves lately. >> my wife and daughters, sisters. >> an important update. it's not a joking matter. >> very, very big. the areas, those cops, they started to push for cold medicine. just saying. good stuff. l.a. to san francisco, huh? would you like to? how about doing it in 30 minutes? that's just what billionaire elan musk is shooting for with his proposed hyper loop transit system. we'll take a look at this incredible high speed concept. it's actually good to be named kevin lewis. an ohio casino doubling down after their million dollar mixup. it is our must-see moment for today.

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you missed some dancing there. welcome back to "new day." today's must-see moment. check out the action when 52-year-old kevin lewis found out he was going to receive one million dollar. guy in the red hat. problem is, he's not the right kevin lewis. real man was home at sleep on saturday night. he might not have been been sleeping. i added that. kevin lewis is in cincinnati, 50 years old. they both entered the contest.

they blame human error, similar name and personal information for the mistake. here's where it's good. the casino did the right thing and gave both kevins a million dollars. that's what i'm talking about. >> that contest is never happening again. >> good to be called kevin lewis. >> let's play out the conversation. >> in cincinnati. >> what do we do? i think you have to give them each a million dollars. what? >> you're fired. >> i think you have to give them both a million dollars. >> what? >> they're going to sue you and they're going to win for a million and $50,000. >> somebody else's mistake makes somebody else very, very happy. >> nice, in quotes. >> coming up on "new day" the massive sinkhole in disney, we showed it to you yesterday. it's the latest in a rash of these incidents. why are they happening? why can't we see them before they happen? low do we test? we'll look at it. plus, a judge ruling that new york city's stop and frisk tactics violate the

constitution. the city plans to appeal. our legal analyst sunny hostin will break down the debate for us. the postal service is critical to our economy.

delivering mail, medicine and packages, yet they're closing thousands of offices, slashing service and want to layoff over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it.

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make now your moment. in tennessee a judge named luann balou forced a couple to change the baby they had named messiah saying the name messiah is reserved for jesus christ. >> do parents name their muslim babies muhammad? >> yes, they do. >> do spanish people name their babies jesus? >> yes. >> should you be judging anybody when your name is lu ann ba low? >> no. >> we should bring her to hollywood. they're not even giving their

kids names anymore, they're giving them noujs. any playground in la, yell the word river, ten kids will come running. all solid points. >> you know what -- >> i love baby names. >> dionne what? >> i don't know the name? >> dionne cole. >> he should just go -- >> sign of the cross on the desk and saying things that are genius. >> the things you're thinking in your head, you just think -- >> he's like a human ticker. >> in fairness, we're all over that story, by the way. we were also shocked by it when we heard that this judge told somebody that they can't name their kid messiah because only one man had earned that distinction. obviously not based in law. judges unusually quiet after that. shocker. san francisco giants fan is apologizing this morning from throwing a banana in the direction of orioles outfielder adam scholes. he has more in the bleacher report. >> of all the things to throw. >> apologizing, rightly so. >> fan, fessed up to the whole

thing. he called "the san jose mercury news" to admit throwing the banana in the direction of adam jone andy scholes. he says he was frustrated the giants were losing. he did not mean to insult the orioles outfielder. what's the last thing you want to do on your day off, go to work, right? apparently that's not the case for these red sox players. dustin pedroia, jarrod saltalamacchia, and jonny gomes attended the a's game. they play 162 games during the regular season but they still can't get enough baseball. that's love for the game. iron mike tyson is returning to the ring, but he won't be lacing up the gloves. tyson is coming back to the world of boxing as a promoter and president of iron mike productions. tyson says he's excited about the new endeavor and that he wants to work with young fighters. his first event will be august 23rd in new york.

guys who have seen mike tyson on "hangover" movies. he has a new cartoon. now he'll promote boxing matches. >> got to make money somehow. >> i know. pay off the rest of that. get the other side of that tattoo on his face. >> yeah, all the way around. >> i think the best thing you said -- i think andy's word of the morning, saltalamacchia. what a great name. >> one of the best names in baseball. >> saltalamacchia. >> very good. i wonder -- >> speaking of -- >> will the judge let you name your kid that? >> no. >> no saltalamacchia for you. >> andy, you hear the music. it's time for the rock block. >> take a peak in the papers. "the new york times" says a professor says the spanish tragedy was actually written by shakespeare. "new york daily news" says a british family posting too many

selfies can damage relationships. in the "l.a. times", they're releasing details on a new movie, "inside out" inside of an 11-year-old girl's brain. time for christine romans. >> 2k3w509ds morning. if you're a steinway shareholder, john paulson has entered into a bidding war for the grand piano maker steinway. cash offer $475 million. 26% of women still choose not to work. that means 74% are active in the work force. that's little changed in the last 25 years and trailing far behind many other developed countries. folks, we are uncrunched. in july banks had $7.33 trillion in loans outstanding. that is slightly more than the $7.32 trillion banks had extended back in october 2008 when credit peaked. finally, let's get to indra

petersons. >> we have a tornado heading towards wilmington, delaware. the cold front makes its way through the northeast and extends all the way back through oklahoma producing severe flooding concerning they've had rain for the last week. there you go, you can see the line of storms pushing through the tri state area. look for 1 to 3 inches of rain in the area today. if you're in the southeast, you won't be talking about a quick moving front. that southern portion will sag again. we'll talk about 2 to 4 inches of rain in the next three days. if we go out, we're talking about 18 inches of rain. >> we know how you need to dress. >> also an opportunity to use my new favorite not offensive word, saltalamacchia. >> saltalamacchia. >> rain. >> saltalamacchia. >> it feels good. >> you say it. >> my old one was christiane

amanpour. now it's saltalamacchia. >> nothing about christiane, we love her name. >> thank you very much, indra. let's finally get to the top let's finally get to the top news. -- captions by vitac -- www.vitac.com my family and i are eternally grateful. now it's time for us to grieve and move onto the healing process. >> finally home. this morning hannah anderson is back with her father in san diego. new details about her terrifying ordeal. how her captor fought back in his final moments. new details on the giants sinkhole that destroyed a resort outside disney world. the moment it happened caught on tape and what you need to know about these dangers below. hyper speed. the billionaire with the new plan to push travel to its limits. can this new system get you from l.a. to san francisco in under 30 minutes? your "new day" starts right now.

>> what you need to know. >> we thought we'd live and dye here. >> we didn't have a plan b. >> what you just have to see. >> announcer: this is "new day" with chris cuomo, kate bolduan and mckayla pereira. good morning. welcome back to "new day." >> i'm kate bolduan here with mckayla pereira. >> good morning. coming up, new york city's stop and frisk controversy ruled unconstitutional. the court says it violates basic rights. the debate is heating up this morning and it has big implications for many other cities not just new york. >> then we have another crime story. "new day" exclusive. bizarre. a bank executive plotting to kill his wife hiring a teen.

we'll go through the details with his wife and his daughter, both of whom say they fear for their lives. and a legal win for paula deen. a judge has thrown out that race discrimination case against the celebrity cook. despite the victory in court, is it too late for her career? we'll take a look. we'll begin with the painful road to recovery for hannah anderson. the california teen is back in the arms of her family this morning after a week in captivity, but so bitter sweet because the 16-year-old must now come to grips with the reality that her mother and brother are gone. miguel is live in boise, idaho. good morning, miguel. >> reporter: good morning, chris. people who know hannah say that she is starting to smile a little bit. she's starting to talk about her experience as well but, sadly, she's also helping in the preparations for the funeral for her mother and her 8-year-old brother ethan. more than a week after being kidnapped by a close family friend, hannah anderson is waking up this morning released

from her captor. the 16-year-old teen reuniting with her father. >> i am very proud of her and i love her very much. >> reporter: her horrible ordeal far from over. hannah is just learning that her mother and 8-year-old brother ethan were murdered, their bodies found in the burning home of abductor james lee dimaggio east of san diego on august 4th. >> the healing process will be slow. she has been through a tremendous horrific ordeal. >> reporter: dimaggio is believed to have then kidnapped hannah leading to a highly publicized hannah alert. the international man hunt stretching up and down the west coast. she was found 1,000 miles from dimaggio's home. authorities say he had a rifle when they reached this remote location in idaho where he held hannah under duress. >> the only way to access this is by helicopter. >> reporter: dimaggio fired at least one shot at the fbi. hannah in close proximity to her captor when he was gunned down by the fbi. >> she is a victim in every sense of the word in this horrific crime.

>> reporter: the major break in the case came last wednesday when a group of horseback riders encountered the pair, later recognizing the team from the amber alert. >> she had a scared look on her face when i first came up the trail. >> reporter: many details remain unclear, including dimaggio's motive and the circumstances which hannah traveled with dimaggio. now that hannah is back, her father says the family needs to heel and grieve. now one other thing the sheriffs said yesterday, this is the way he put it, that she was under extreme, extreme duress during this entire saga seeming to squelch the rumors in her being complicit in this kidnapping. the last thing they want is for the victim to be victimized anymore, kate. >> there are still a lot of questions surrounding how and why this happened. that was one thing the sheriff tried to make clear yesterday. miguel, great work. thank you so much. now to florida. this morning engineers are investigating the sinkhole that swallowed up buildings at the

summer bay resort in central florida. it's 100 feet wide but geologists don't expect it to expand any further. martin savidge is live in florida. >> reporter: stunning. good morning, kate. we should point out that authorities are expected to hold a news conference in a half hour from now. meanwhile, amazing, miraculous. that's how they're describing the fact that nobody was killed. take a look. a dramatic moment caught on tape. as a condominium at the summer bay resort collapsed into a sinkhole. not long before it had been packed with vacationers. ben warrik of des moines, iowa, started rolling at the same time. >> i turned to film the guys talking to the fire department. i heard a crack and i switched over and the roof came down. >> reporter: for more than 100 guests here to see the land of the magic kingdom, suddenly they were gripped in terror in the

middle of the night. those watching nearby couldn't believe their eyes. >> i saw that. that was crazy. how is that happening? >> reporter: miraculously no one was killed, not even injured. some credit a security guard. in florida most sinkholes happen when the limestone is eaten away by the a sid dick water table. meanwhile warrick is looking for a little less excitement. all of this happened hours after he arrived for awe one week get away. >> we're going to be fine. power is back. got air conditioning. hopefully still going to have a great vacation. >> reporter: property managers say 15 years ago when they built the building that collapsed on this resort, they did an inspection of the property looking for sinkholes. they didn't find anything. they believe this occurred since then. chris. >> martin, thank you very much. that's the scary thing about this. this sinkhole that err woule're telling you about now, this

isn't the only one. how can you avoid being swallowed up by the earth. "early start" anchor john berman is here. >> people are asking, is this happening more frequently? the truth is there are not national records for sinkholes, but in florida there are 25,000 reported over a 25 hf year period. that is an average of 17 claims a day just in florida. as we've seen, they're dangerous and they can be deadly. that's what a sinkhole sounds like. swallowing the summer bay resort early monday morning. the 60 foot wide crater in clermont, florida, just the latest incident in this year's string of sinkholes across the country. in july pamela knox plummeted into a 20 foot sinkhole while driving on a busy toledo, ohio, street. >> as the car was falling i kept calling on the name of jesus. i kept saying jesus, jesus,

jesus. >> reporter: some have not been so lucky. >> i couldn't get him out. i tried so hard. i tried everything i could. >> reporter: in february a sinkhole opened up underneath a suburban tampa home killing 36-year-old jeff bush who was sleeping in his bedroom. this is how sinkholes are formed. a cavity slowly develops in the limestone bedrock. overtime it widens eventually breaking the surface, then the clay and sand above collapse into the hole swallowing everything in its path. repairs can be costly. >> i stepped right here and my foot went down in the hole. >> we thought we'd live and die here. we didn't have a plan b. >> reporter: a plan is what sinkhole inspectors say could prevent destruction. >> behind the stucco the block could be broken. just another sign of sinkhole activity or at least enough for you to know to have your place tested. >> you see those cracks there, and inspectors say take every

crack seriously. it could be an indication your house is moving or maybe sinking a little. as for possible expenses, they're expensive. you can pump concrete in pipes underneath the house. another option is to install brackets under the house. putting them on stilts. fixes are hard and expensive. >> but, what's the alternative? as you've mentioned before, be careful where you move sometimes. be careful moving to an area susceptible for sinkholes. >> thanks, john. a federal judge is ruling new york city's stop and frisk practice violates the rights of my norts. in a scathing opinion she wrote that police had, quote unquote, adopted a policy of indirect racial profiling and has appointed a monitor to oversee the program. mayor bloomberg is defending the program and plans to appeal. joining stus sunny hostin to talk more about this. this is a complex program. it's really difficult to break it down, especially how meaty

this opinion was. >> 200 page opinion. >> it's a very complex opinion. at the core of it the judge says the program is unconstitutional. where does she see the problem? >> she sees the problem in that there was evidence over this nine-week trial presented to her that out of 4.4 million stops conducted by the nypd, 88% of those didn't result in an arrest and by and large those stops were done to african-american and latino young men. and so she's saying that while stop and frisk isn't necessarily off the table for new york, it has to be done constitutionally and they cross the constitutional line, they cross the 4th amendment and they cross the 14th amendment by using, rather, a system of racial profiling rather than a reasonable suspicion. >> and she -- as you said, she is not ordering that the program completely end, that's why i

think people will wonder, why are they fighting back against it? we do know that they say that this program has saved lives, gotten guns off the street and it is key to keeping -- to their crime fighting efforts and keeping crime to an historic low. why are they fighting against this? >> i want to say this, stop and frisk has been around since 1968. it can be a very effective law enforcement tool. i think that is why the mayor wants to make sure the program continues. it has certainly been effective. the supreme court has found it can be effective but, again, it has to be done in a constitutionally appropriate balance. >> got to find the balance. >> you've got to find that balance. perhaps they will win on appeal because the second circuit hasn't been kind to this judge. if you do it, do it right. do it in the way that it's supposed to be done. the way it's supposed to be done, kate, you have to if you're going to stop someone on

the street and infringe on their personal rights, you have to have what's called a reasonable suspicion. that reasonable suspicion is more than a hunch. it's that this person is committing a crime or about to commit a crime. >> the judge thinks that wasn't necessarily established. >> that that wasn't necessarily established. >> this is bigger than new york city. often police across the country can look at new york city because they were very aggressive. there are implications across the country. >> i think so. many people have been watching this because, again, stop and frisk can be expensive. mayor bloomberg has done things in new york city. i'm a native new yorker. we're talking about the gun program he has. crime has been lowered under his administration and so he has done some pretty good thing. calorie counting i have liked in fast food restaurants. >> some would disagree with you. >> i think he's done some good things but this can be a good thing for the new york city police department because if it's done correctly it can help save lives. >> it's all about striking the

balance. they are going to appeal? >> yes, they will. >> thank you, sunny. >> all right. a lot of other news as well. we start with tragedy at turner field in atlanta. ayman falling 65 feet to his death in a rain delay at a braves game last night. the fall appears to be accidental and it's too early in the investigation to determine whether alcohol played a factor. two friends of boston mayor thonn bombing dzhokhar tsarnaev will be arraigned today. they're both natives of kazakhstan. they removed a backpack and computer from his dorm room, tried to destroy em tids out fireworks he allegedly left behind. a rodeo clown who performed wearing a mask of president obama has been banned from performing there ever again. while the cloud was performing, a advice over the loud speaker asked if they wanted to see

obama run down by a bull. fair officials have apologized for the stunt. a mystery priest who is being called an angel has been identified. this is reverend patrick dowling seemingly appeared out of nowhere at the scene of a horrific accident last week and played wi prayed with a teenage girl. emergency officials were able to remove 19-year-old katie lens from the wreckage. she was severely injured but she did survive. vandalism at the iowa state fair. someone doused the fair's iconic butter cow with red paint over the weekend. a group called iowans for liberation took responsibility hoping to draw attention to the slaughter of animals. the paint was removed, the butter cow was cleaned up and put-back on its buttery display. this has been a tradition of the iowa state fair since 1911.

>> paint on the but the tir cow. saltalamacchia. >> saltalamacchia. >> that's the only way to sum it up. >> anaheim's nhl player, tim mow sue lamb my. >> mine was christiane amanpour. >> that's a point of dispute. i came one it. you liked it when i said it. >> i get whatever i want. >> that has been the course of action. >> all right. let's get straight over to cnn's meteorologist indra petersons. we were watching a severe thunderstorm this morning. it just expired right here at 7:15. that was heading towards wilmington, delaware. look at all of the heavy rain pushing through the area. fast moving into the northeast. there are three inches of rain. all thanks to a big line of storms extending back through oklahoma. yes, still dealing with the flood threat throughout oklahoma today. another several inches in that

region. pretty much an exact replica with what we saw last week. sagging down into the south. we'll continue to pool all of this moisture out of the gulf. we have all of the tropical, warm, humid moisture there. two to four inches of rain, even five to eight inches. we take it all the way out to sunday. i want to show you the totals. since june, fort lauderdale, four inches of rain. tallahassee, florida, 18 inches above normal. already another 5, 8, 10 inches of rain. never a good thing. >> no drought conditions. >> maybe more sinkholes. >> that's a good point. thanks so much, indra. >> took a google break. saltalamacchia falls flat. it means jump the spot in italian. >> so you going to have to pick another one? figure it out. >> on the break, think amongst yourself. "new day" exclusive.

a former bank executive plotting to kill his wife with his girlfriend. plus, talk about riding shotgun. billionaire elan musk talks about his hyper loop transport system. i love it because of the name. could it get you from los angeles to san francisco in 30 minutes. we've been bringing people together. today, we'd like people to come together on something that concerns all of us. obesity. and as the nation's leading beverage company, we can play an important role. that includes continually providing more options. giving people easy ways to help make informed choices. and offering portion controlled versions of our most popular drinks.

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today. how would you like to travel from san francisco to l.a. in half an hour? that's the vision of elan musk, the technical genius who invented the tesla car, the guy behind paypal. he's calling his proposed system, the hyper loop. we give a gigantic and warm "new day" welcome to richard. >> yeah. >> let's talk about this. what exactly is his vision? what is the hyper loop? >> the hyper loop is a tube that will be built on pillars for the 400 miles from los angeles to san francisco. in it he will put capsules which will seat up to 28 people and then fire, whoosh, down the tube, up to 700 miles an hour. now the idea is that it will be solar powered. >> okay. >> it will have compressors to deal with the friction. it will have all sorts of things. you'll do the journey

comfortably from your seat is just over 30 minutes. he hopes he would run it one every up to two minutes, perhaps even one every 30 seconds of peak time. to put this into perspective, he says it will cost $6 billion, $6 billion to $7 billion. bearing in mind california high speed rail. that's 10, 20, 30, 40, 60, 70 -- well into the high billions. this will travel 500 miles an hour. >> okay. >> this thing -- >> mckayla, catch it. >> very nice. >> will travel at about -- that's a bullet train. 150 miles an hour. >> very fast. >> this thing will travel at 12,000 miles an hour. >> what do you think of my time zone? so it's faster than all of these? >> no, it's a bit more than this and it's a bit less than that. >> less than space. >> so is this genius or is this

crazy? >> that's the beauty of this idea. 50 odd pages of it to start with. i don't know. because many ayman has bet against elon musk. paypal, who would have thought that would have worked? tesla, who would have thought that would have worked. the various ideas. is this genius? the science behind it is a bit -- yeah, thank you. the science is a bit dodgy, but in 20, 30, 40 years time this could be the answer. so it's a foolish man or woman that says this is barking mat. >> the challenge would be maintenance of that vacuum. >> already you're starting. you've already started to try and find the problems. >> chris cuomo, nice to meet you. >> richard is saying you have to embrace the visionary. >> yes, the vision. >> here's another challenge. i like the idea of it being solar powered but if you've lived in san francisco, you know there is no such thing as sun, especially in the summer. so the maintenance of it will be

an issue. >> this is going to -- something like this is going to happen in some shape or form. >> sure. >> that's what all the experts say. californians cannot afford to have 40, 50, 60 flights a day and not have some fast rapid system between san francisco and los angeles. whether this is the answer, i don't know, but what is very clear about musk is he wants this to begin the debate. so he's putting his own money behind it to create the prototype, which he says ultimately could be the answer. >> and it's a fraction of the cost of the one that the state wants to build. >> 65 to $70 billion. >> a tenth of the cost. >> nobody has yet come up with the funding for this. will it be private? will it be public? i expect it would be private because you wouldn't get it done others wise. it's a long way from fruition but, ladies and gentlemen -- >> i love the idea. >> -- i urge you, look to the future. >> i think that's the beauty of it. he's already made his contribution. he's built something. an idea.

>> all based off the concept of when you pull up to the bank, the tube where you put your check in. >> the pneumatic tube. >> i love it. >> that's where it starts. >> my favorite thing. >> how could that go wrong? put you in a metal tube and shooting you at 700 miles an hour. >> when this is made richard quest will be on the maiden voyage. >> if i push this button? >> it goes even faster. >> i can't see it it's going so 235st. >> richard quest, thank you, sir. great to see you. >> coming up next on "new day." a "new day" exclusive. we'll hear from the woman who was the target of a murder-for-hire plot. the main suspect. her husband. paula deen back in the news. we'll take you through it. ♪ norfolk southern what's your function? ♪

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another one. >> welcome back. it is "new day." it is tuesday, august 13th. i'm chris cuomo. >> i am kate bolduan and we are here with news anchor, mckayla pereira. coming up, nancy latham, her estranged husband, a banker and is now charged with targeting her for a murder-for-hire plot. >> this is a good one. you know you thought about this. so-called near death experiences. scientists are looking at it doing research. they believe they can figure out what may happen in the brain moments after the heart stops. >> amazing. >> right? >> yeah.

>> it's something we think about, let's be honest. if they can show something, that will be interesting. go from the mysterious to what is known and give you the top news right now. mckayla? >> good morning to you. making news this morning, hannah anderson back home with her family in san diego as she begins the long road to recovery. the 16-year-old did not know her mother and brother had been killed alleged by her abductor after she was rescued by fbi agents who gunned down james dimaggio. one building collapsed, another sinking this morning. casualties of a 100 foot wide sinkhole in clermont, florida, ten minutes from disney world. about three dozen guests safely evacuated. engineers are trying to get a handle on the extent of the damage. lawyers for boston crime boss james whitey bulger are planning to appeal his conviction. in all, bulger was found guilty of 31 of 32 counts against him stemming if his time as head of

the notorious winter hill gang in the 1970s and '80s. he was arrested in 2011 after 16 years on the run. the 83-year-old bulger could get life in prison when he's sentenced in november. an atlanta teen needs a heart transplant north in order to survive. they won't put anthony stokes on the transplant list. the hospital says they are working with his family and there are specific guidelines that determine who is eligible for a transplant. 16 ocean county new jersey garage workers will step forward this afternoon to claim 1/3 of last week's $448 million powerball jackpot. they have been dubbed ocean 16. $3.8 million. the holder of the third winning powerball ticket is yet to come forward. here's an interesting challenge. dog versus leave blower. it's a benign looking puppy when

you don't see him like that. he looks like he would bite off the end be of the host if you get close enough. >> he's cute. >> one thing for sure, he is not backing down from a challenge even if it really is only a leave blleaf blower. i'm a little afraid. i can't look at that. he's a nice looking pup. >> stop it. stop it. stop it. >> you have to expect his resilience. every time it turns on it's like a new day for him. >> exactly. thanks so much. wake up, everybody. here is a bizarre story for you. murder for hire case is underway in south carolina. police have charged a wealthy bank of america executive from having his own wife killed. chris latham appeared at a bail hearing monday. he pleaded not guilty. in just a moment we will speak exclusively with his wife and daughter. first let's get to cnn's pamela brown who has much more on this

story. >> it is bizarre, kate. chris latham and his wife were in the midst of a bitter divorce. instead of settling, latham says he wanted his wife of 20 years dead. he came up with an intricate plot to make it happen. the wife and daughter pleaded to keep him behind bars. >> reporter: one well to do executive banker in charleston, south carolina, now chris latham has traded his cuff links for happened cuffs. behind bars for allegedly planning to kill his estranged wife nancy and help with his live-in girlfriend and three others. at a hearing monday the judge declined to grant him bail after his attorney argued there's no evidence he made direct threats against his wife. at a prior court appearance latham traded a chilling glance with her. >> we've been married for 24 years and how do you reconcile the idea that this person hired

someone to kill you? >> reporter: it's the latest in a string of murder-for-hire cases. remember this 21-year-old woman who hired a hitman to kill her husband? >> you have a loaded gun in the house? >> because it would be messy in the house. >> in this case her husband stood by her, but she was still convicted and sentenced to a long prison term n. this latest case they say latham offered his accomplices a $5,000 downpayment. the plot unraveled in april when they found the hit package, a gun and a box of ammunition. latham has denied any involvement in any murder for hire scheme. >> and earlier this year latham filed a protective order against nancy saying she wanted to harm him. the girlfriend pleaded not guilty for life. the trial is expected at the end of the year. chris? all right, pamela. it's a bizarre story. it gets complicated.

let's bring in people who know what's going on here. joining us exclusively here on "new day" is the intended target, nancy latham along with her daughter, emily latham and their attorney. i know this is not a discussion you want to have but it's important for people to understand. >> thank you. >> thank you. >> let's get into one of the folds in this story, nancy. your husband was not initially charged when this story came out. you took some action and it good the investigation and he wound up being arrested. tell us what led you to suspect him. >> from the very beginning we had been questioned by the authorities and at that point from the line of questions and the things that we had been asked about that were in the hit

packet, we knew with some certainty that he had to have been involved. >> divorce is ugly. yours has certainly been that way, but could you wrap your mind around the idea that someone you started a family with, that you were in love with would want to do something like this to you? >> you know, i really couldn't. there are days when i think i'm living in some alternate universe and i keep waiting for somebody to kind of shake me out of it. granted, our divorce was ugly. my family court attorney continually told me, just, you know, be quiet, take the high road, let him say whatever he wants and then we'll have our day in court. >> now the case isn't over yet, the divorce case obviously. now you have this parallel case going on, this criminal case. you know what your husband says. he says this is about you leveraging the divorce case, putting pressure on him, being

vindictive because of what's going on in the divorce. how do you respond? >> my response would be that the evidence obviously is contrary to that. there has been a lot of smear -- there's been an enormous smear campaign that they're trying to run and i understand that because if i had done something illegal, i would certainly try to deflect from that. so i understand what they're trying to do. i certainly don't appreciate it. i think it's relatively horrific that they are still trying to push accountability elsewhere when the evidence shows otherwise. >> emily, i see you sitting there. you're obviously upset by this. this has to be especially difficult for you because this is your dad we're talking about. you had to have got up at court, you looked at the judge, your father was in the room and you said that you felt scared for your life. i know that was very difficult for you. why did you feel that you needed

to speak up? >> i felt that it was important that people knew how i felt. also, i was there representing my sister and we've just been so scared. this is not an easy experience for anyone involved, but it's just caused so much turmoil for us that i knew i had to speak so that the judge could hear how it's really been affecting me and my sister. >> the allegations, just the suggestion, is frightening. do you really believe your father would do something to hurt your mother or maybe even you and your sister? >> i feel that people are capable of things that we don't know, and i've grown up with this man. he lived with us for the first 17 years of my life and it's

just been so difficult trying to figure out what he would like to do, what he would not like to do, what he is going to do next. and i really just don't want to risk the chance that he could do something to hurt me or my family. >> now, emily, you and your mom, nancy, you guys went into hiding before this trial because you were worried about this. you believe that the motive here fundamentally, nancy, is money, right? that's what this comes down to for you? >> it -- it has to be. i can't imagine any other reason. you know, for four people that i have never spoken to, that i have never met, that i have never had a conversation with to have such detailed information about me and to be involved in this, the only thing that i can wrap my brain around is that it had to be tied into our divorce.

>> now, matthew, let me bring you in here. the virginia attorney who wrote the civil action that helped push the investigation forward, i know that the authorities don't want you to give too much about the case because it's an active investigation, but this is not a he said/she said, right? there is information that led to identification of these other people and implication of chris, nancy's husband in this as well, right? what can you tell me? >> that's right. just to clarify one point, this was not initiated by nancy. this investigation was initiated by the u.s. attorney's office and atf. while we did file a civil suit on nancy's behalf, that was after an investigation was already well underway. at this point we're continuing an investigation into the civil suit into how these two bank of america employees formulated this plot and we're exploring

all legal options against the conspirators as well as bank of america. >> i get that. i read through the papers and i understand why you're trying to extend liability here to the bank because it was going on in its midst. let's get back to what is so troubling about this situation. do you feel from what you know of the investigation that there is real proof that there was a plot afoot, that chris, nancy's husband was part of the plot if not leading it? >> chris, i'm not privy to all of the information that the u.s. attorney's office has. what i will say is that the grand jury heard the evidence and indicted and yesterday a judge heard the evidence and denied bond for mr. latham. there's definitely evidence otherwise we wouldn't be postured as we are today. >> nancy, your husband's attorney says, hey, he could have fled. he's known he's a suspect for some time.

there's no prove. that doesn't give him any con for the. he didn't run? >> no, it does not. for the time period that my husband remained in charleston, he actually did so with wendy moore, who was incarcerated at the time and currently is. the woman that they found living with him, he was raising her two children all the while still married to me. so i can't begin to understand why he did that, but that's perhaps one of the reasons that he did not leave town, that he felt some obligation to her and her children. >> all right, nancy. thank you for that explanation. i know this is a long road on two different fronts now. i'm sure this is a turn nobody ever wanted to see. nancy, thank you for coming on. matthew, thank you for laying out what you could. emily, i'm sorry you have to be on tv this way.

i know this is difficult for you. i know it was important for you to stand up and i appreciate you being on the show. >> thank you. >> thanks for your professionalism, chris. >> good luck going forward. >> thanks, chris. southern chef paula deen has won the lawsuit that accused her of racist business practices but can she win back her reputation? we'll talk about that. also coming up, we'll meet an eye surgeon who wants to meet the girl of his dreams, and he is willing to work for it. set him up on a date and he'll give you free lasix surgery. alert.

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welcome back to "new day." are things finally looking up for paula deen? the celebrity chef saw her empire crumble after she admitted to using a racial slur in the past. now those racial claims have

been dismissed. whether fans can dismiss the controversy though is another question. >> i want to apologize to everybody. >> reporter: some good news to paula deen in the case that brought down her multi-million dollar empire. she has been cleared of the racial discrimination claims filed by a former employee. on monday a judge ruled that a former manager of dean's savannah restaurant couldn't be the victim of racial discrimination because she is white writing at best plaintiff is an accidental victim of the alleged racial discrimination. >> it was a very big victory because summary judgment motions are incredibly rarely granted. it tells us a lot about the strength of the plaintiff's claims, that they were very weak. >> reporter: dn's reps say they were pleased with the ruling. as ms. deen has stated that she's stated that those that know how she lives her life know that she believe in equal

opportunity. fairness and kindness. >> the day i used that word it was a world ago. it was 30 years ago. i had had a gun put to my head. >> reporter: deen and her family went on the defensive. >> our mother is one of the most compassionate, good hearted, empathetic people you've ever known. >> it's completely absurd to think that there's an environment of racism in our business. >> reporter: the scandal led to a devastating domino effect after deeen was dropped from deal to deal. >> even if you're wrongfully sued in america, your best recourse is to just lick your wounds and move on. >> reporter: well, deen's legal troubles are certainly not over. the woman who filed the lawsuit says she was the subject of sexual harassment. the judge has not decided if

that part of the suit will go forward. certainly some damage has been done, but this part she has been cleared. >> it was really never about the lawsuit. the controversy was obviously about what paula deen said in that deposition. that's what's so difficult, especially for her boys to deal with. not implicated in the suit. >> but coming to mom's defense. >> as one does. >> family. >> thanks. coming up next on "new day." >> you've heard about near death experiences. of course you have. people say i almost died. guess what? now there's some science injected into the situation. researchers are investigating what happens to the brain during the body's final moments. and lindsay lohan has a new movie. "the canyons" but if you haven't heard of it or seen it, you're not alone. >> whose favorite song is this? >> mine. ♪ i crashed my car into the bridge ♪ ♪ i don't care, i love it right now, 7 years of music is being streamed.

a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. ♪ hooking up the country whelping business run ♪ ♪ build! we're investing big to keep our country in the lead. ♪ load! we keep moving to deliver what you need.

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welcome back to "new day," it is time for the pop four and our nichelschelle turner. >> this is a good music day, i'm loving it. all right, are you guys ready? disappointing news for lindsay lohan. her latest movie, "the canyons," has made only $30,100 in the last two weeks, ouch. that's the box office earnings, by the way. to be fair, it only has a limited release at this point, so there's still a chance video on demand figures can boost the

earnings, but the reviews have not been good. number three story, george lucas has a new person in the family. they had a baby girl via surrogate this past week. big congratulations from all of us. massive ratings for "breaking bad" season opener. that's our number two story today, 5.9 million viewers, that's more than twice the amount who watched the season five finale last july. and our number one story today, oprah saying she's sorry the handbag hoopla got blown up like it did. she told cnn last night at the premiere of "the butler." she maintains the incident did happen but did not mention the name of the store and sorry she mentioned it was in switzerland. it's not an indictment of the store or country, just the one person who did not want her to see the bag. lady o. is saying, listen, i

don't want to blame switzerland or the store, i want to tell that person to be accountable for what they did. >> oprah speaks and creates geopolitical messes. >> the entire nation. >> the whole country apologized. i can't get my kids to apologize. >> that's what she said, really? if someone makes a mistake in the united states, does the whole country have to apologize? no. interesting. >> that's how big oprah is. >> all of switzerland said, i'm sorry. >> i'm so sorry. >> at once, put me on the currency, put me on the flag next time you do something like that. >> that's what you would ask for. >> big head of oprah in the middle of the swiss flag. >> you're not getting an apology like that. >> that mine, nichelle? you overexaggerated a bit. i love it. >> saltalamacchia. >> i love you, chris cuomo. coming up on "new day,"

these near-death experiences, we hear about them all the time, mystified by what may or may not have happened. science has an explanation for us. also coming up, hannah anderson's father says the 16-year-old kidnapping survivor faces a very long road ahead as she begins to heal. a live report at the top of the hour. i think farmers care more about the land

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until then, i'd always worry do i have enough? [ mother ] withdrawal scared me. i couldn't face rehab. but at that moment... i found the courage that led me here. [ male announcer ] at turn2help.com, you'll learn that opioid dependence is a real medical condition and there are different, comprehensive ways to get help, including those in a private setting, without the need for daily visits. make now your moment. --tcaptions by vitac -- for dwww.vitac.com hannah's back in san diego, she's with family members. she's doing as well as can be expected. >> daring rescue. hannah anderson back at home this morning. what comes next for her and the

u.s. marshal who spotted her and her captor from above speaking out this morning with new details on the rescue. close call, the dramatic video of the florida sinkhole as it swallows part of a resort. stunning turn in the custody battle over baby veronica. her adopted parents granted custody, her biological father refused to give her up, he's in jail, but where is veronica? your "new day" continues right now. >> announcer: what you need to know -- >> you're going to go through this roller coaster of pain, but it will pass. >> announcer: what you just have to see. >> are you stuck? i saw you. let me give you a full little reverse here. >> announcer: this is "new day" with chris cuomo, kate bolduan, and michaela pereira. >> she's wearing it to show what was happening on his day. we're talking about that clip

with the person in the wheelchair. it's part of the good stuff today. people wearing go pros all the time. good morning to you, take a coffee down, take a listen, or pick it up, whatever you want. it is tuesday, august 13th, 8:00 in the east, and i am kate bolduan. i had to say that, i stole her read. >> that's chris cuomo, i'm kate bolduan, we're here with michaela pereira. >> i'm going to go do my hair and let you two. >> you got some good hair. >> i was wondering where we were going with that, it was a compliment. coming up, the mayor and police commissioner say it keeps new yorkers safe, but the judge says the way they do it is unconstitutional, legal or not, it divides people and we will debate it. crossfire co-host newt gingrich and mark lamonte hill will be joining us live. when people said they had a near-death experience, they

might not have imagined it. what happens to your brain? there's science behind it, we're going to tell you about a fascinating new study. we have got a fella to introduce you to. he's an ivy league doctor with his own practice, you'd think it was easy for him to find a date? wrong. the man asking his friends to set him up with a very specific type of woman in exchange for free surgery. wait till you hear what he expects from his date. oh, we will get to that. but first, hannah anderson back home this morning in san diego as she begins a slow healing process. new details are emerging about the mitigating circumstances surrounding the kidnapping and rescue. live in boise, idaho, good morning, miguel. >> reporter: good morning, kate. those who know hannah say she is absolutely shocked by the amount of attention her kidnapping has

garnered, starting to smile a bit, talking about the experience a little bit, as well. probably most importantly, she's helping in the preparations for the funerals for her mom and 8-year-old brother ethan. more than a week after being kidnapped by a close family friend, hannah anderson is waking up this morning released from her captor, the 16-year-old teen reuniting with her father. >> i'm very proud of her and i love her very much. >> reporter: her horrible ordeal far from over, hannah just learning her mother and brother murdered, their bodies found in the burning home of her abductor east of san diego on august 4th. >> the healing process will be slow. she has been through a tremendous horrific ordeal. >> reporter: dimaggio is said to have kidnapped hannah, leading to a highly publicized amber alert. she was found 1,000 miles from dimaggio's home. authorities say he had a rifle when the fbi reached this

location in idaho where he held hannah under duress. >> the only way to access this is by dimaggio. >> reporter: he fired one shot to the fbi when he was gunned down by the fbi. >> she is a victim in every sense of the word in this horrific crime. >> reporter: the major break came last wednesday when a group of horseback riders recognized the teen from an amber alert. >> she had a scared look on her face when i first came up the trail. >> reporter: details remain unclear, including the motive and circumstances she traveled with dimaggio. hannah's father says the family needs to heal and grieve. now the san diego sheriff also saying, and it's a quote, that she was under extreme, extreme duress during this ordeal, seeming to try to squelch the rumors she was somehow complicit in her kidnapping. last thing the family wants is

the young victim to be victimized anymore, kate? >> now the long road of recovery ahead. miguel, thanks so much for the update. now the latest details from the u.s. marshal who first spotted hannah anderson. his phone call led the fbi to the tent. here's the story of the initial sighting from a search and rescue helicopter in his own words. >> the san diego fugitive task force has been working this case ever since the fire in boulevard. we went to the lake where she was last seen by the horseback riders. it's called morehead lake, so we circled the lake a few times and didn't see anything. all of a sudden there was a little glimmer of blue we saw in the trees about 100 yards off the lake. we circled a few more times and focused in on that area and then we were able to see that it was a blue tent. we were actually able to verify

that it was a male and a female with blonde hair and a small animal, so at that point we knew we had something extremely valuable. well, there were several things going through my mind. number one, we were definitely not going to take our eyes off of that tent until we had it covered by ground units and make sure that we determine for sure if it was or was not them. because they were spotted so quickly, everybody was kind of taken off guard. we were ready for a long, drawn-out search. i was in the command post at the time listening live when we got confirmation that she was okay. it was like a weight lifted off of everybody's shoulders and the job well done. and a high-profile case like this, you realize how imminent danger was for her and you realize what you did. it's a good feeling. it makes my job worthwhile.

>> just amazing, all the things that came together to make this rescue possible. what were the chances? luckily came out this way. we're going to go to florida now. it's being called a miracle no one was hurt. a massive sinkhole nearly swallowed a hotel outside disney world. the walls started buckling, windows shattered, dozens had to be evacuated. now they are scrambling to figure out what triggered the collapse. good morning, martin. >> reporter: good morning, chris. we had to bring you closer to take a look at this sinkhole and the destruction it caused. there it is. if we got any closer, we'd fall in. the more you get closer to it, the more you realize how amazing it is nobody was not only killed, but not injured. take a look. a dramatic moment caught on tape. as a condominium collapsed into

a sinkhole. not long before it had been packed with vacationers. ben warrick of des moines, iowa, started rowing at the right time. >> i turned to talk to the guys in the fire department, herd heard a crack, and the roof came down. >> reporter: suddenly, they were gripped in terror in the middle of the night. those watching nearby couldn't believe their eyes. >> i saw, it was crazy, how's that happening? >> calle >> reporter: miraculously, no one was killed or injured. in florida most sinkholes occur when the water table eats away at the limestone rock. the resort is looking for more possible holes, mean while warrick is looking for a little less excitement. all this happened just hours after he arrived for a one-week getaway getaway. >> we're going to be fine, power's back, air conditioning, hopefully still going to have a

great vacation. >> reporter: that security guard is being called a hero. he'd only been on the job here for two months and only been working that night for five minutes before all of this started happening. meanwhile, the engineering company expects to have a report in about a day or maybe two days on just how big this hole may get. chris? >> martin, thank you very much. the miracle really there is more people weren't hurt. >> i know. >> when you look at the pictures. >> the earth sucking up the house. it's just amazing every time i see it, i can't believe it's actually happening. all right, a lot of news developing this hour. straight to michaela for the latest. >> good morning, everyone, tragedy at turner field in atlanta. a fan fell some 65 feet to his death from an upper deck platform to the parking lot below during a rain delay. police are investigating, but they say the fall appears to be accidental. a massive wildfire burning in idaho only about 5% contained this morning and already more

than 90,000 acres have burned. the fire's located near the town of pine in southwest idaho. residents have been urged to evacuate their homes, although some are refusing. fire officials are expecting winds to pick up today, obviously, a concern. boston mob boss found guilty of committing 11 murders and dozens of other crimes. bulger convicted from his days as the leader of the winter hill gang. he was arrested in santa monica, california, back in 2011. the 83-year-old mobster faces life in prison when he is sentenced in november. north carolina governor signing a controversial new vot voter i.d. bill into law. the governor says the new law is badly needed, even though carolina has referred two cases of voter fraud since 2004. a coalition of civil rights groups has filed a lawsuit in federal court challenging the

measure. interesting study here. scientists studying the causes of autism have discovered a new potential pattern with induced or augmented labor, but authors are quick to point out they have not proven that induced labor causes autism in children. the research only shows there is an association, although they cannot explain the connection. pregnant women are urged to raise concerns with their doctor. finally, a big catch, why do i talk like a texan when i talk about this story? tiger shark took six fishermen friends nearly four hours to reel the big guy in. experts say it's rare to see a shark this size so near to shore. the shark was tagged and released back into the ocean for future study. >> best part of the story. >> there's the good news. >> you're not going to eat it. >> no. >> that's what the sport is about. >> and shark populations are

being decimated. >> toss it back in and let it live a long and shark happy life. >> try not to stand half naked within a foot of it. >> or fully clothed. >> they were half naked. >> all right. here's an interesting one that's got us talking this morning. new science to report people report having a near-death experience. you talk about it, might even joke about it, but there might be science behind it. researchers say an electrical surge in the brain could explain the visions described by people who survived a brush with death. a cardiologist here in new york is here to try to shed some light on this study. what did researchers find? this involved using testing of lab rats. how did they make that jump from lab rats to humans? >> it is a leap, first and foremost, because it is a study on rats. university of michigan researchers took nine rats and caused cardiac arrest or death of the heart and looked at what

happened to the brain electrically in that setting. you would think the brain would not have any activity, but they found the opposite, there was a surge of activity in the brain and it wasn't just random, it was in a synchronized way. >> that's interesting. >> is there reason to believe, or what is the reason to believe, you can transfer that understanding from the rat to the human? >> as i said, it's a leap. we know in a lot of research we start off in animals and translate into humans. there have been case reports in humans of similar findings on these electrical studies on the brain but we need more research on humans to say what we saw in the rats is exactly what's happening to the human brain. >> it's interesting, because there seems to be a vein of similarities between what people experience and this would point to perhaps why if it's happening in the organ that is the brain. >> exactly. so we know that if the brain is being electrically stimulated in certain areas, especially in visual areas, this might explain the very vivid visual experiences people report. >> wow.

this is really kind of fascinating. >> as a cardiologist, i don't know how often you come across this, people say they saw the light at the end of the tunnel, saw a family member, a vision, i'm sure you get these stories more often than not. >> at least 20% of cardiac arrest patients report some sort of near-death experience. >> at least 20%? >> yes. >> what about the hovering over your body? >> it's in the same idea of the out of body or near-death experience. >> you believe, from your expert opinion, there needs to be more study before you can make that connection. hard to extrapolate activity in the brain to these are visions. we can't tell what experience a rat is having. >> that's exactly correct. we need more research. >> i would imagine having a near-death experience, there's trauma associated going through that. will it help how a person will hope to recover from that? >> in terms of being able to

explain it in a scientific way? >> exactly. >> i think a lot of people think they are crazy if they talk about this and having a scientific explanation validates it. >> probably works both ways. a lot of people take meaning from these experiences, whether welcomed by a loved one or they believe in higher powers, you know. >> spiritual connection, absolutely. >> maybe not everyone wants that explanation. >> might be nice to keep a healthy balance between supernatural or spiritual beliefs and the science as opposed to trying to pinpoint it to one area or another. >> doctor, great to see you. >> good to have you on here dropping the science on us. appreciate it. officials are warning beach goers to beware of jelly fish. hundreds of people reported stings because of a sudden influx of one type of hard to spot jelly fish. what are we going to do? indra petersons will tell us.

>> this many people, hundreds of thousands of people, get stung by jelly fish every year. the lucky folks in florida get the fertile breeding grounds for 200,000 stings a year but didn't expect what they saw in one county this weekend. >> trying to see what's stinging you, you don't see anything, but then you can see the big clover leaf jellyfish. >> reporter: stan west is one of the people stung near daytona beach. nearly 200 people were treated where scores of the clear and hard to spot invertebra are hanging around. >> the weather is enough to send a wave of these jellyfish washing ashore. >> reporter: most stings are relatively minor, causing itching and burning, but what about the home remedy rumored to dull the pain from this episode of "friends."

>> the jellyfish! the jellyfish! >> got to do something. you can do.really only one thing >> what, what is it? >> you're going to have to pee on her. >> reporter: there's no research for urine treating a sting. the best remedy is salt water to deactivate the stingers and soothe the pain, but ultimately you're going to have to wave it out. >> you're going to go through a roller coaster ride of pain. >> reporter: how do you know there could be stingers in the water? life guards will fly a purple flag, but above all, experts say the best thing to do is stay calm. >> the sky isn't falling, it's just a bunch of jellyfish. >> well, there you go, of course, one more thing people can blame me for, it's all caused by the weather. florida officials stress this is only a temporary situation. a switch in the wind could push

them all back out to sea. >> good to know. even though they say don't make a big deal of it, i still don't want to come upon that many jellyfish. staying calm seems the hardest to do. >> it is tough, especially for kids, especially for kids. coming up next on "new day," a federal judge puts limits on new york city's controversial stop and frisk program. we're going to look at both sides of the argument. you heard about baby veronica, a big development in the legal battle for this child. we're going to give you a full report straight ahead. oney, and i avoid frustration. you'll find reviews on home repair to healthcare, written by people just like you. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. blast of cold feels nice. why don't you use bengay zero degrees? it's the one you store in the freezer. same medicated pain reliever used by physical therapists. that's chilly! [ male announcer ] bengay zero degrees. freeze and move on.

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dive into labor day with up to 50% off hotels at travelocity. welcome back to "new day." are you ready? we have a controversial decision for a controversial policy. a federal judge ordering limits

to new york city's stop and frisk program, ruling it violates the constitutional rights of new yorkers. mayor mike bloomberg and commissioner ray kelly defend the program and announce plans to repeal. so let's discuss. joining me now to do that, columbia professor mark lamonte hill and cnn cross fire host mr. newt gingrich. thank you both for being here. newt, i'm going to start with you and the proposition of this decision is, stop and frisk is controversial, but not the way you do it, new york. what's your feeling about that? >> well, i think, first of all, commissioner kelly has made very clear the people who are most in danger from this judge's decisions are young african-american males, because they are overwhelmingly the victim of murder. and the dramatic drop in crime of new york starting with mayor giuliani and continued by mayor bloomberg is astonishing. last year was the least violent

year in modern new york history. commissioner kelly estimates that 7,700 lives have been saved in part as a result of this policy, so i think this judge is taking a huge moral burden on himself to suggest that the process which has saved thousands of lives ought to be dropped. he's relatively safe. young black males aren't. >> now, there's a big number that refutes what newt is saying and the judge relied upon it and it goes to how many of these stops results in arrest. what's the point here? >> few points, one, i don't concede stop and frisk is what stopped all of these deaths. there's no statistical evidence to prove that. also most stops don't result in arrest and when they do it's marijuana, it's rarely gun. 2% of the stops yield give ups, so there's no evidence this is stopping gun deaths. the number of violent shootings hasn't gone down at all, deaths have gone down, but they've gone down in los angeles, dallas, new

orleans, by larger margins and they don't have these stop and frisk policies. >> this is where the crime happens, that's why we do the stop and frisk there, that's the reality. and, by the way, going by the numbers, we don't stop as many people by percentage as there are that percentage of crimes committed. this community has 80% of the crimes committed by young black and latino men, we're only stopping 60% of them, so we're being fair. >> that's not fair, that's bad math. if all black people commit a crime in a neighborhood, we would never stop white people. it should be in proportion to the number of people in that place. occasionally, overrepresentation, but shouldn't be that stark. >> that's just nonsense. >> why is it nonsense, newt? please. >> it's nonsense for this reason. the areas they are going into where the highest crime rate occurs are areas that are disproportionately black. now, this came straight out of their analysis of where the

murders occur, where the crimes occur. frankly, if chicago applied the same level of policing as new york city, chicago would be saving 200 or 300 lives a year, every single year. so the question is, if you have two neighborhoods, all right, staten island, which has virtually no crime, and you have a neighborhood which has a tremendous amount of crime, where should you put the police and should you be saying, gee, let's be mathematically equal and make sure that we stop people in neighborhoods that hasn't had any crime just to feel better. >> newt, that's not the argument, you shouldn't have heavy policing in high crime neighborhoods, the judge didn't get rid of stop and frisk, just simply said there needs to be some sort of implementation that's racially fair. you can still stop people, they want you to have probable cause. >> newt, how do you deal with the fact the man sitting to my left, who's a columbia professor, was stopped and

frisked by police in his car for no good reason. go to the numbers, almost 90% of your stops don't result in an arrest. how do you deal with that in terms of tactics? >> you have to ask a very simple question, and this is an experiment, remember, with people's lives. we can take an area, go to a dramatically more reduced stop and frisk and see whether more people are getting killed. what the police are trying to do, and this goes all the way back to mayor giuliani and chief bratton and the very dramatic change in crime numbers in the early '90s. what they are trying to do is establish a sense of order, because establishing a sense of order clearly diminishes the amount of crime that occurs. and the evidence on that is overwhelming. >> it's a huge leap in logic to say a change of culture in a place we all agree is helpful necessarily demands stop and frisk. you can have both. you can have order and command by police without oppressing and violating people's rights. you can do that. l.a. had a 59% drop with no

vicious stop and frisk policy. new orleans had a 40% drop. their crimes went down without stop and frisk. all the evidence suggests the opposite. >> but the people who are in charge of trying to stop it think it is very, very useful. i'm just suggesting we ought to be cautious and recognize when judges who are very safe make these kinds of decisions, the lives that they are risking are young african-american males, because disproportionately, that's who's going to get killed if they are wrong. >> i would suggest people who don't have to experience stop and frisk think it's no big deal. there's a psychological toll that it takes and emotional toll it takes and destroys community/police relations, makes it difficult for people to speak up and report murders because people don't trust police. it doesn't work. not like this is yielding 40% arrest, this is yielding almost nothing. >> let me ask you a question,

why do you think mayor bloomberg and commissioner kelly believe in it so deeply if it yields nothing? they seem to think it yields substantial amount of advantage to them. >> i'm stunned that you're investing this much faith and trust in the government in the state to say if they trust it, i trust it. i suspect you wouldn't say that to obama about nsa or anything else. i need empirical evidence and there is none. they have nothing to lose. if you throw enough stuff against the wall, something will stick. the problem is little sticks. that's dangerous for the people. >> the reason i trust them is because i looked very carefully at what giuliani and bratton did, went to los angeles and saw what bratton did when he was out there as chief, i talked to kelly about this stuff. if you look at chicago and new york, i believe the difference in the policing system is a very big part of the difference in the murder rate. i think, frankly, it will be great if mayor emanuel will

spend time looking at what's happening in new york and apply it to chicago. >> do you think the difference between chicago and new york's lack of violence is stop and frisk? >> it's a piece of the puzzle. people should be aware if, in fact, the judge is wrong, people are going to die because of his decision. >> that's stunning to me. that's the exact same logic that the government uses for nsa. if we don't torture people and violate people's privacy, people will die. they make it think it's okay to compromise constitutional rights. >> i think the chicago murder rate is fear in itself. you don't have to drum up anything. >> i want the chicago murder rate to drop, the evidence suggest it almost never does. >> we've got to leave it there. >> i think i convinced him that i'm right. >> you both convinced me of something, one, when you have a good debate, you don't need the moderator. they made the points clearly

laid out on each side. professor hill, the idea of balancing what scares people versus what keeps them safe is one that's fundamental that we see in government and stop and frisk also. very important debate to have. the judge pushed it with this decision. no matter which way the court comes, it's important debate to have. mr. newt gingrich, thank you very much. i appreciate the robust debate here on "new day." >> thank you. >> kate? chris, coming up next on "new day," where is baby veronica? we're following new developments in the custody battle over the child. take a listen to that. also coming up, a new york city surgeon right there offering special deals for anyone who opens their little black book to set him up for a date. wait till you hear his type.

you don't love this song, you don't love any song. welcome back to "new day," tuesday, august 13th, i'm chris cuomo. >> i'm kate bolduan. we're here with michaela pereira. >> good morning, everyone. coming up this half hour, the fight for baby veronica, the adoption case taking a dramatic turn now. the biological father arrested for defying a court order to return the baby to her adoptive parents. plus, we're going to introduce you to the park avenue doctor, there he is, offering free eye surgery for dates. but here is the other issue, he just might be the pickiest guy around. he's joining us after he gets done with whatever he's doing there. >> show his picture.

>> thank you very much. let's head to the five things you need to know. >> number one, clashi ining breg out in egypt this morning between supporters of morsi and his opponents, police are reportedly firing tear gas into the crowds in cairo. hannah anderson back with her family in california and mourning the deaths of her mother and brother. james dimaggio fired at least one shot before he was killed in idaho. arraignment today for two men accused of trying to obstruct of boston marathon investigation. the israeli government agreeing to release 26 palestinian prisoners, setting the stage for direct israeli/palestinian peace talks starting tomorrow. anthony weiner and his democratic rivals facing off tonight. less than a month to go before the primary, weiner has slipped to fourth place in the polls. we will update those five

things you need to know throughout the day, so go to newday.cnn.com for the latest. >> thanks very much. let's get to the heartbreaking case of baby veronica, an adoption battle that's lasted nearly four years. it's not over yet. it's taking new turns this morning. zoraida is here with the latest. sad story. it's hard no matter how you slice it. >> i totally agree with that. it's a very sad story. the adoptive parents of the 3-year-old native-american girl are demanding her biological father return the child to them. it's been ordered by the supreme court and it should have happened last week. >> we ask, what are you waiting for? with every passing hour, we fear more and more for her safety and well being. >> reporter: they say what happens to their daughter amounts to kidnapping. >> we pray the courts will do the right thing, and they did. now we pray those holding veronica will do the right thing. >> reporter: it started when the

couple adopted now 3-year-old veronica back in 2009. they raised her for two years before a court forced her to return her to her biological father dustin brown. >> she's doing great, wild kid, very kpietd, full of energy. >> reporter: brown had initially waived his parental rights but later changed his mind and filed suit using a little-known federal law that protects native-american children from being separated from their parents. brown is part cherokee. >> she don't quite understand it. she as seen pictures of them with her. she goes, well, i know that's me, but who are they? i mean, i just tell her, those are some people that love you, too. >> reporter: the case went all the way up to the supreme court, who in june ruled in favor of the family. justice said the federal law does not apply in this case since brown waived his parental rights. brown was ordered last week to appear at a court hearing to

start the process of returning veronica to the home of the adoptive parents but was charged with failing to show up. he turned himself into police on monday. >> i'm willing to go to jail for my daughter. this is my family and i'll protect them. if it takes me going to jail for it, so be it. >> reporter: the family says they understand how brown feels, but they urge him to do the right thing and return veronica. >> we know better than anybody how it feels to have to hand over a child, and, you know, we understand their pain and what they are going through. we know they care about her and they love her. one way or another, she's going to come home. >> dusten brown was freed on $10,000 bond. his wife says veronica is safe at an undisclosed location. she is with her grandparents. this is a tragedy. this little girl spent two years with the copabiancos. it's kind of a no-win situation,

yet the little girl is stuck in the middle and the supreme court handed down their decision. this case was litigated already. >> it's gone the extent it's going to go, it appears, in terms of a legal avenue. we were talking while we were watching this piece, there has to be a way for these parents to work it out amongst themselves and think about this little girl. right now, they are tearing her apart. >> i've watched the copabiancas and seems they are willing to do that, figure it out how we can all be involved. in the end of the day the little girl transitions easier. this little girl has gone through this twice. >> i'm an adoptee and know it's later in life about the questions where you come from come up so vividly. they have to handle it right now or she'll always feel she was cheated out of one or both of the families. it's so important. >> she has video to go back and watch to see how this was

handled early on. >> thank you so much, zoraida. >> key is to put the kid first. people forget about what's supposed to matter most. appreciate it very much. moving on now, country music star kelly pic pickler is on tour, but it's performing for troops that touches her heart. she impacts her world through song. >> hey, there, i'm kelly pickler. i come from a military family. i've always had great respect for our service men and women. work a lot with the uso, i love working with them. we've been able to do so many tours overseas. >> where are my girls at? all right! >> be in a position to take a little piece of home to your service men and women, why would you not do that? they need to know we have their back because they have ours. it's the right thing to do, that's why i do it. the uso, they've been doing this for over 60 years.

you cannot compare those shows to any other show that you do. i wish i could just donate my whole time to just doing those tours, because i'd do it in a heartbeat. i love it. join the movement, impact your world, and you can be a part of something really special. >> impact your world. all right. coming up next on "new day," park avenue plastic surgeon looking for love. he says if you hook him up, he'll fix you up. problem is, he's pretty picky. lot to talk about with this doctor. he's joining us live. the recent increase in cafeteria prices is not cool. when you vote for flo, we'll have discounts. ice-cream discounts. multi-cookie discounts.

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welcome back to "new day," everyone. we may all be looking for love, but one park avenue surgeon is going about his quest for romance in a very unusual way. he sent an e-mail to contacts that he met from a networking event offering cash and free medical procedures in exchange for being set up on a date, but not just any date. he has specific qualifications. do you want to know more about it? >> we do, we do. >> the doctor's in. thank you so much for joining us. >> thank you. >> i have lists of things we need to list off. you are very specific in your requirements. i want to first talk about the match making rewards that you're offering your colleagues if they set you up. if they set you up on a first date, it's $100 cash. second date, $200 or free latisse. third date, free botox, fourth date, goes on and on and on from there. i think the first question is, is your dating life that bad?

>> it's because i had my mba and i was at nyu. people said you should offer a thank you. that's an old e-mail from a year ago. the current thank you is if you set me up with somebody and we fall in love and get married, i donate $10,000 to the charity of their choice, could be make a wish or aspca. park avenue lasik, we just lasered somebody, he donated a procedure to his friend. if you can't afford laser, put yourself as a person who wants it and someone else can say i want to laser them and we'll do them for free as a charity case. >> do you worry the woman you ultimately meet and fall in love with is going to think that's kind of a bad way to be set up? >> i don't think that she would think it's bad if her friend sets me up and i donate $10,000 to make a wish. >> how's it working out for you? >> i've had a few dates and setups, but this is not the only way i'm meeting people. i go to bars and clubs.

not necessarily those activities. one thing i like to do, cycling. >> do the things you love. >> we got to stick it to you on some of these requirements. >> i deal with this every day, doc, it's not that bad. >> list of requirements for the date, caucasian woman, dress size 0 to 2, college degree, ivy league prefer, 8 on the 1 to 10 scale of attractiveness, type b personality. that describes maybe about two or three women in manhattan. >> you're saying i've got a chance, doctor? >> are you a little restrictive, do you think? >> that was a misleading quote by "the new york post." >> you have no requirements for the woman you want to be set up with? >> in terms of the dress size thing, i'm only 125 pounds and most women aren't comfortable dating men who weigh less than them. that could be phrased i want to date someone that looks ca s co

comparable to me. i specifically said any college graduate just to kind of show completion and the fact they are educated and value education. that's the reason. >> you're taking issue with "the new york post," but you put yourself out there. is this a bit of a publicity stunt then? >> no, no, no. this was sent a year ago and this guy just posted it on the internet. i don't really want to come on to the show defending myself against "the post." genuinely, i want to get married. i spent my entire career trying to be the best doctor i can be, columbia, harvard, this kind of thing. but really i kind of sacrificed my personal life for my professional life. >> a lot of people can say that. >> by the time they look around, they blink, they are 45, whoa, i need to get married and have children. i want to have children and be married and be young enough i can play soccer with my son. now i'm in a biological clock as a man. >> ladies, here he is, available, fun loving guy, likes

to cycle, outdoorsy, fitness stuff. >> photography. >> got to work on the wardrobe, though. >> coming on my way to work actually. my dog's a famous dog, he's a model, did a photo shoot for valentino and going to do another shoot tonight for a music video. >> you should lead with that. >> here's another requirement, must like dogs. >> must like dogs, there you go. doctor, great to meet you, good luck. >> thank you, appreciate it. >> you know what would also help, you have a big heart. listen to the good stuff. here's today's edition. go pro cameras, waterproof cameras, people are putting them everywhere, they capture a lot of action and excitement. turns out they are also catching a lot of the good stuff. first, our neighbors up north, yes, canada, canada as they say up there, specifically victoria, british columbia. >> that's where i'm from. >> i knew it. a man on a motorbike spots something on the side of the road, slows down to take a

closer look. >> are you stuck? >> i am. >> i saw ya. let me give you a full little reverse here. ready? >> why is this happening? the guy was biking around, had the go pro on, just happened to see this, he stops and helps this woman in the wheelchair. she was stuck in a rut. takes a little doing, but soon she's on her way and so is the biker, having completed a random act of coolness. that's not all. another situation, this time a bit more dangerous. a group of moped riders are coming fast around a turn when they spot a man inexplicably walking on the side of the road, finds out there's a good reason the man is there, he's blind. >> excuse me, sir? there's a sidewalk just three, four feet over to your left side. >> can you walk me over there? >> of course, give me one moment to park my bike. simple act of kindness, a few seconds out of that driver's day

may have saved a life. both riders shared those videos because they wanted to inspire others to do simple, selfless acts. other news, both of those stores come out of canada. >> neighbors to the north. >> you say wearing this go pro to show random things that happened. good idea, go pro, show the good things that happen during the day, help people out, build up the cache. that's the good stuff, we got it from you, bring it to us, tweet us, facebook, #, good stuff, go to the website, any way you want to do it. coming up on "new day," one of the hardships of being a father, john berman honors the stoic dads that have to watch boy bands perform while their daughters swoon. with new all natural lean cuisine honestly good. it's frozen like you've never seen. with juicy whole chicken filets, farm selected veggies and whole grain medleys. ♪ and it's undressed. just add the pomegranate sauce yourself. with taste this good, why hide?

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get great rates at our ten top hotel brands during the great getaway. book now at hiltongreatgetaways.com. getting to the point where the man needs to introduction. i will only say j.b. >> if there's one thing i know, it's hip, though i don't know if anyone says hip anymore. right now there is nothing hipper than the boy band one direction. their song, what makes you beautiful, it touches us all deeply and profoundly. ♪ i can't believe you don't know you're beautiful ♪ >> it touches everyone, maybe not everyone. look at these photos posted on

redit. fathers who have been taken to a one direction concert by their children. these poor men, never imagined the pain. it looks excruciating. really almost unimaginable. look, i'm going to give these dads the award today, and that award is the "what makes you beautiful" award. i say that seriously and without irony. hats off to you, takes a special sort of man to take his kid to see a boy band. these concerts are not short and your children, they will remember it forever, or at least for most of the ride home. all i can say, as of this moment, my boys are not allowed to listen to one direction ever, ever. it will never be played, ever. ever. they don't exist in my house. boy band. >> remember this when we're driving together. >> that's all you have on your car is one direction. >> talk amongst yourselves, we'll be right back.

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that is it for "new day," everyone. "cnn newsroom" with carol costello begins right now. >> i'm ready to take it away. have a great day. have a great day. "newsroom" starts now. -- captions by vitac -- www.vitac.com happening now in the "newsroom," breaking overnight, dramatic new details of hannah anderson's rescue. >> all of a sudden there was a glimmer of blue in the trees. >> the u.s. marshal who spotted her from above speaking out this morning. >> at that point we knew we had something extremely valuable. >> ahead, the crucial moment-by-moment decisions that saved the 16 year old's life. also, deen cleared. >>