meets the father he never knew, 13 years later. the mother accused of kidnapping him is related to the family. how did they stay undetected for so long? do you rely do you rely on those online reviews? turns out that thousands of those posts are fake. >> no. >> one state is finally cracking down. we'll tell you what this means for you, coming up. >> but first, several gunmen are still holed up inside that mall for the fourth day. at least 62 people have been slaughtered in nigh rocairobi a isn't over. authorities insist this morning they have the four-story building under control. as disturbing new information begins to emerge about some of the gunmen possibly being american. senior international correspondent arwa damon is live

from nairobi, kenya this morning. good morning, arwa. >> reporter: this definition of under control might be fairly relative. this morning we were still hearing an explosion from the direction of the westgate mall, just down the street over in that direction. we also have been hearing sporadic bursts of gunfire as kenyan security forces to tried to bring the situation here fully under control. the kenyan government now says it has regained control of the westgate mall but it's still unclear if all of the hostages have been freed. after a three-day standoff with islamist militants. this morning, we're learning more about the attackers who launched the deadly siege. three have been killed. the exact number of gunmen that remain inside, still unknown. kenya's foreign minister told pbs's news hour that two or three of the militants are young americans who appear to be of somali or arab origin. the state department is looking into these reports. >> where's the helmet?

>> reporter: sporadic bursts of gunfire rang out behind our crew on monday. plumes of dark spoke rose above the upscale mall after authorities say al shabaab militants set a fire inside the building. this as survivors share their harrowing survival stories. nick was at the mall as his pregnant wife shopped on another floor when -- >> heard a loud explosion, or blast followed by gunshots. i just reached over, grabbed my daughter and just ran out the front door of that cafe. >> reporter: handler and his daughter hid in a storage room for three hours before safely reuniting with his wife. the red cross says that at least 65 people are unaccounted for or missing. among them, janet's husband. she cradles her granddaughter and clings to hope. >> he's the love of my life. >> i had 30, 35 kids with me

including two of my own. i was trying to protect them, telling them get down, get down. >> reporter: this woman dried desperately to save the children on a cooking show on the roof of the mall on the day of attack. >> i saw something whiz by my son's head just like that. it bounced from the wall and hit the little boy over here. the poor boy. i tried to put my hand there to stop the bleeding. i don't know what i was doing. i don't know what i was doing but i couldn't save him. >> reporter: local radio personalities were hosting that cooking show. >> i got shot here. i had so much blood everywhere. i thought she was dead and i was holding a dead baby. >> reporter: but the storm of emotions they and so many others here are going through is still so raw. and, kate, so many kenyans have been come up to us really wanting to emphasize how devastating this has been for this country.

wanting to say that kenya is actually a friendly, kind nation. but at this junction, there are so many challenges lying ahead with the situation here, still unresolved and so many unanswered questions, kate. >> arwa, thank you so much. we're only now beginning with your piece to understand the terror that these folks lived through. thanks so much, arwa damon in kenya for us. is there a u.s. connection to this deadly mall attack in nairo nairobi? kenyan's foreign minister says some of the al shabaab gunmen are originally from the united states but so far, u.s. intelligence has not confirmed that claim. let's go live to cnn's martin savidge in minneapolis looking into this. how is the community reacting this morning. >> reporter: it's difficult. as soon as they heard the news coming out of kenya, there was an emergency meeting of civic as well as religious leaders in the american-somali community here.

there was a great sense of anxiousness. at the mosque, men bow at midday prayer, in this minneapolis neighborhood, home to the nation's largest somali-american population. 17-year-old berhan hassan was a straight "a" student who wanted to be a doctor, then he disappeared in 2008. >> sometimes i can't sleep. >> reporter: his mother who at the time didn't want to be identified told cnn she had no idea where he'd gone. until he called. >> mom, i'm somalia, doing wh-- don't worry about me. >> reporter: he was fighting for al shabaab. not long after she was told he was dead. this rampage in kenya has many americans wondering how long those behind it come to the u.s. omar jamal tells me al shabaab is already here. how many people, how many young

people have been taken from this community by recruiting. >> approximately 30 to 40. that's the most often asked question. nobody can nail down an exact figure. >> reporter: he's sure the terrorists are recruiting nearby. hassan's uncle says teens here often raised in single parent homes with no hope become perfect targets. >> when you have young people, young boys who have never seen their dad, who live in this poverty environment, and need badly to find a role male model, al shabaab group becomes that father they never had. >> reporter: unless something's done, jamal predicts one day instead of leaving the u.s. to fight for al shabaab, they will stay, he says, and fight here, explaining the logic this way. >> it's just a fraction of second where should i do that. well, i'm in minneapolis. what the heck. why don't i do it here.

>> reporter: there are a number of young people who are angry by our presence here. they say, look, there may have been some that have been recruited by al shabaab in this community but doesn't reflect the feelings of young people. most want to study and become what they are, good americans. chris? >> all right, martin. as you know, there has been concern about that community for years and what could happen. we're going to deal with the eventualities, talk more later in the show about what the situation going on in nairobi could mean for americans. you're looking at the man right there, ray kelly will tell us what's known about the threat, how much of it goes into america and what soft targets are there here that need to be shored up. >> take a look at congress. there's still no deal to avoid a government shutdown there this morning. now just six days to the looming deadline. much of the focus now, though, on texas senator ted cruz who seems intend on defunding the president's health care law even with a shutdown on the line. but some of his republican

colleagues aren't amused and say cruz has gone too far. cnn's chief congressional correspondent dan that bash spoke with cruz. she's on capitol hill as she always is, standing firm still today, right, dana? >> that's right. you said there's no deal. there's a good reason for that. there's no deal making going on. ted cruz is leading the charge. he's a 42-year-old who won in a gop upset last year by tea party supporters who want him to be a senator not who legislates by negotiating but standing firm on principle and that's exactly what he's doing. the way ted cruz sees it -- >> obamacare is a disaster. >> reporter: he's simply keeping a campaign promise, do whatever it takes to destroy obamacare. >> that should be priority, not simply continuing business as usual in washington. >> reporter: cruz's scorched earth strategy, tieing defunding obamacare to a must-pass spending bill is inflaming many fellow republicans who think if

this causes a government shutdown they'll get burned. republican peter king called him a fraud. >> the issues are too important, too serious to require real conservative solutions, not headline-hunting scheme. >> reporter: in the democratic-led senate, the votes are not there. some of his republican colleagues are so miffed it has gotten really personal. bob corker tweeted, i didn't go to harvard or princeton but i can count. you don't like what they're doing, what you're putting them through, fellow republicans. >> individual politicians can choose to say whatever they want and launch whatever personal insults they want. i would note in the house that the republicans, including those who have criticized me, voted to defund obamacare. in the senate, i think the votes are fluid. >> reporter: to be sure, among many grassroots conservatives, cruz is a hero but in the senate, he's rubbed gop veterans the wrong way. john mccain called him a wacko

bird. >> if they want to insult me, they can knock themselves out. my focus is on stopping obamacare. >> reporter: now he's warning senate republicans, support his filibuster. >> any senator who votes for cloture on this bill is voting to give harry reid the authority to fund obamacare with just 51 votes. >> reporter: cruz's own party leaders, the top two senate republicans aflounce they will not go along with his filibuster. in practical terms, they'll be able to fund the government without funding obamacare. that would then put this whole thing back in the house's hands to make sure the government doesn't shut down. >> regardless, it looks like it's going up to the deadline. dan that, thanks so much. coming up later in the show, we'll talk to a former senator

and presidential candidate about this, what does rick santorum think about the shutdown? and baby veronica is back with her adoptive parents. last night she was returned to the capital by her biological father with whom she's lived with for the past two years. zoraida sambolin is here with this story. smnc . >> this is a complicated, heartbreaking custody battle four years in the making. veronica's biological father and her adoptive parents have been fighting over this little girl since her birth. now, some say it's finally over. >> why are you standing by and watching our daughter veronica be held against our will? >> that was just six weeks ago. matt and melanie dismaid and heartbroken their adopted daughter veronica was still not

home. on monday night, the years long battle coming to an end when veronica's biological father dustin brown handed her over to her adoptist parents after a state supreme court ruled it could not intervene in the case. the brown family watched from the front window of their oklahoma home as a deputy and marshall led her away. >> very courageous. and took this action, what he believed was in veronica's best interest. >> these photos provided to cnn, veronica seemingly all smiles during a visit by her adoptive parents over the last few weeks. it has been a complex ordeal for both sides. veronica, born a citizen of the cherokee nation was placed in the home in 240u. just a few months later, her biological father changed his mind and sought custody under the indian child welfare act, a federal law that protects native

american children from being separated from their families. brown was awarded custody in december 2011. the two families have been in a nationally publicized legal battle over veronica ever since. for the last two years, veronica was living in the cherokee nation with her biological father. the court's ruling cleared -- a spokeswoman for the family says veronica is safely in the arms of her parents and has been reunited with her family. our prayers are with everyone involved this evening. there is no happy ending in this travesty, only closure. the case made it all the way to the nation's highest court which ruled that the indian child welfare act did not apply in this case. brown was ordered to return veronica back to her adoptist parents but refused to give her up without a fight. >> i'm going to fight until i have no fight left in me and

until they say you can't fight no more. >> brown has no visitation rights but his attorney is hopeful that dustin will remain a part of veronica's life. for the family, it is a bittersweet ending to a four-year ordeal. >> really that's the issue, right? we have all watched this story unfold. the question is will the biological father be involved in this child's life in the question is we don't know. there's a gag order right now. nobody's talking except people on bow half of both sides. a lot of people are wondering if that's in the best interest of the child to have the dad involved long term as well, the biological father. we don't have the answer to that right now. >> such a bitter fight so far. it's hard to see there will be a good ending between these two families. >> they could be the poster children for how to do this right. right? at the end of the day. this little girl is so loved and to have everybody love her and to set an example would be fantastic. >> if that remains true, they'll

find a way. often as we know it becomes about the adults. >> thanks, zoraida. >> sure. a lot of news developing at this hour. let's get straight to michaela with the latest. president obama set to address the u.n. general assembly in a few hours time. there may be a breakthrough. he is expected to open the door to engaging with iran's new government and president rouhani. he'll also call on security council members to mandate consequences for syria. if it fails to cooperate with a plan to turn chemical weapons stockpiles over. aaron alexis's 2004 arrest for shooting out a car's tires until two weeks after. the gun wasn't mentioned, only that the tires were deflated. he opened fire in the navy yard last week, killing 12 people. one of the eight people he wounded was released from hospital monday.

police say two men are facing attempted murder charges from last week's park shooting in chicago that wound 13 people. including a 3-year-old boy. investigators do not believe that suspects gatewood and champ actually pulled the trigger, however. detectives will only say that gatewood and champ allegedly played significant roles in the shooting. investigators believe the shootings were gang related. the woman who confirmed the iris targeted certain political groups is retiring. lois lerner was the director of tax exempt organizations. she admitted they had been extra tough. she denied breaking any law. lerner had been on administrative leave since may. an irs review board planned to recommend her removal. a charleston, south carolina man came forward as the winner of last week's $400 million jackpot but he's asked to remain anonymous. here's what we do know. his wife sent him out to buy hot dog buns.

the store didn't have any. instead he used the cash to buy lottery tickets instead. it's only the second time he's ever played powerball. i kind of love it. if he chooses the lump sum payout he'll get a check for $233 million. he can buy all the hot dog buns he wants. or not. >> exactly. >> filet mignon balls. >> not since jack bought the bean has a trade worked out so well. >> you are absolutely right. >> you know he got in trouble, too, for that. >> he did. >> where's the $20, honey? >> i bought some tickets. >> we know it's cold out there this morning. still chilly with forecast advisories. temperatures are cooler than they typically are this time of year, 30s and 40s. new york dropping to the 40s right now. yes, 48 degrees currently but here's the good news. i told you there was an upside

yesterday and there is today. we'll slowly be warming the temperatures up to average. even i can't explain when average is the 70s. 70s in the forecast for us, boston, a little bit below, 60s there's. d.c. 75 and pittsburgh looking for 70. now, i did give kate her hunting forecast. i believe i had a request from another hunter as far as i'm concern concerned. 62 degrees. >> thank you. >> trust me. >> i was so voting against him. 62 degrees october 1st through 15, your magic number. you got a ways to go. >> is that a good or bad forecast? he goes, i don't know. >> 62 is the magic number. >> no idea.

. >> october 1st through 15th i need to be a major news event out in the eastern part of long island. >> i want to know what michaela has. >> i like that you kept my face in the picture by the way. >> a cnn hat. >> cnn, kept me in it. >> that's a lot of numbers. that's true. >> thanks, indra. >> coming up next on "new day." the captain of the "costa concordia" cruise ship on trial for manslaughter. the tabloids call him italy's most hated man. but he says that ship wreck that killed 32 people wasn't his fault. i have indra petersons. but if you have to depend on online reviews before buying something or hiring someone you might be getting scammed. serious business, 19 different businesses in one state just got busted. why? we'll tell you, straight ahead. la's known definitely for its traffic,

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

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welcome back to "new day." defiant worts from the captain of the "costa concordia" during his manslaughter trial. the luxury cruise crashed into 2012, you'll remember this, killing 32 people. the ship was finally pulled to shore just last week. the captain says he is not the one to blame for all of this. cnn's aaron mclaughlin is in london with more. he seems to be arguing someone counter to what everyone else seems to think, erin. >> reporter: the legal

proceedings began last march but this is the first time we're hearing substantial evidence the first time the disgraced captain is speaking out in court. it's been a week since the crippled cruise liner "costa concordia" was successfully lifted from its side. saving the italian island of giglio from potential natural disaster. the legal drama is heating up for the captain. he was in court for the trial monday, talking about what happened that tragic night 20 months ago when the "costa concordia" ran aground, killing 32 of the people on board. he's denied all charges against him. and in court blamed his helmsman, the man responsible for steering saying he failed to follow orders. i asked the hemsman to move the

tiller left, adding that the ship was leaning towards the right. the helmsman delay was the cause of the crash. >> this isn't a situation where he delegated his obligations and someone made a little mistake. he made several reckless acts, that compounded themselves and ultimately he's not taking responsibility for his own conduct. >> reporter: experts testify that the miscommunication made little difference. the crash, they say, would have happened anyway. under schettino's orders, the ship was off course by four myles. >> this is someone who has shown no remorse for his own responsibility. he has to be held accountable because he ultimately was directly responsible for the death of 32 people on his ship. >> reporter: in all, schettino is charged with 32 counts of

involuntary manslaughter, causing a maritime disaster. the personal injury of 150 passengers badly hurt and abandoning ship. the trial is expected to last through the fall. kate and chris. >> all right, erin, thanks so much for the update. last through the fall. this will drag on and on. >> absolutely. coming up, for thousands, the concern will be paychecks. one republican senator could be standing in the way of a solution. john king here to break it down in this morning's political gut check. also ahead, a heartwarming reunion, a father meeting his teenage son for the very first time, 13 years after the boy was abducted as an infant. wait until you hear who the police have in custody. ommended. [ male announcer ] for certain medical conditions where straining should be avoided, colace softens the stool for effective relief from occasional constipation. go to colacecapsules.com for savings.

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you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. welcome back to "new day." we have your top stories right now. michaela, what's the lead. >> we are look at kenya. the nightmare is not over in nigh roche b nairo nairobi. now police have called in a bomb unit to clear the scene. several gunmen are believed to still be inside. kenya's interior minister saying two or three of the al shabaab attackers are american. that has not been confirmed, however. at least 62 people have been killed. there's no idea on how many hostages remain but the kenyan red cross says more than 60 people are still unaccounted

for. president obama meanwhile speaking to the u.n. general assembly later this morning. he's expected to face a skeptical audience there. the international community no doubt mindful that he almost ignored the u.n. and the xoungs altogether as he considered taking action against syria over the use of chemical weapons. the world will also be watching to see if he meets with iran's president rouhani which would be an historic move. closing arguments set to begin in the michael jackson wrongful death trial after five months of testimony. attorneys for the jackson family will go first. lawyers for concert promoter aeg live will wrap up their case tomorrow. the trial is expected to go to the jury on thursday. they'll have to decide whether aeg is libel for the singer's death. a surfer in florida bitten by a shark in the atlantic off jupiter, florida. brandon dugan says he just finished surfing and grabbed his board to go ashore when he felt a sharp pain in his arm. well, that was a shark.

he needed 15 stitches to close the wound. he thinks the shark was drawn to the blue watch he was wearing that day. dugan not scared by this incident at all says he cannot wait to get back in the water. finally, it must be the slurpees. he stayed there for seven hours. it took quite a bit of coaxing from wildlife officials. the bear finally came down, hopped over a wall and took off. they are hoping he'll head back to the state park where he came from. he hasn't had a taste of the slurpees at 7-eleven. >> i like the slurpees. >> are you a slurpee girl? >> yes. >> silence from chris cuomo. so rare. tomorrow, the senate set to take up the first test vote on

the house bill to fund the government while at the same time defunding the president's health care law. what happens next? cnn's chief national correspondent john cking here i studio to break it all down. that means it's important. >> i'll imitate chris. >> you're going to give me silence, too. >> this will be a great show. mr. king -- >> maybe if we give them all slurpees rational activity might come out of washington. >> i think that might be what we'll have to resort to. >> we have what's likely to set up for a test vote tomorrow, at the same time the focus seems to be on ted cruz. he seems to be the wedge in his own party. what is he doing and why aren't his leaders telling him to step down. >> his leaders don't have a great relationship with him, number one. he's become -- he's a freshman

senator. usually freshman senators have little or no influence. but because of his grass roots support out in the country, he's become a one-person interest group. people look at these groups that score votes. ted cruz has somehow become the barometer of how this plays among republicans. trust me, his fellow republicans don't like him. most of them are thinking about we ran to join a government, even if we disagree with decisions, wee part of the government. we have to compromise. ted cruz thinks quite differently. he he has said many times, stopping things, blocking things is a major public policy goal. most of them believe they will be in the legislature for i long time. he's thinking about running for president. it's causing friction in the party. >> do you think there's also a chance there will be all -- maybe i don't want to call it bluster but this shouting, standing on principle and as we get to 11:59 on september 30th

there will be a deal. >> an overwhelming majority of republicans do not want to shut down the government. they are also heading into an election year which they are poised to make gains. >> right. >> they read the polls, probably read them too much. if you look at the polls it is clear, yes, opposition, skepticism, doubts about obama care are on the rise. a clear majority of americans say don't shut the government down to litigate this fight. that's essentially going from opposition principle to opposition into stunt dumbny land to shut down the entire government to do this. most republicans see that. also before we've seen the polls they said it's the wrong thing to do. the question is how far out over his skis do we get again? remember we've seen this before. you do things to cater to the conservative base that maybe come back to haunt you later or don't help you in the middle of the electorate. >> we often don't see

republicans coming out so publicly to say, like bob corker saying, i didn't go toivy league but i certainly know how to do math. >> he thinks because of his education credentials or whatever reason, that he's the smartest guy in the room. that rubs a lot the wrong way. >> and democrats are just happy to sit back and watch this play out. there's nothing democrats can do to move this along or help ted cruz continue to blow it up. >> which cliche do we want to use in politics? if your opponents are setting themself on fire, don't bring them water. there's no question the democrats are enjoying the show right now. for a handful of democrats in the senate, this is a vote they'd rather not take. for most democrats, this is a happy moment to watch the republicans fight in the family.

>> welcome to governing. you'll have to take tough votes sometimes. great to see you, john. >> hm-mm. >> that's the thing you quest n question. >> silence is acceptance. when i say nothing, take the good news. >> patriots and jets fans with youment m me you in the middle. >> colts fan. you're remodeling a bathroom, you go online to check out customer reviews of the contractor you're considering. sounds good. are the reviews real? a new scam you need to know about. also ahead, an emotional reunion, a father meets his son 13 years after the boy was kidnapped as an infant. now police have taken a member of their own family into custody over this. details, just ahead. [ male announcer ] when you have sinus pressure and pain,

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welcome back. let's go around the world now, starting in tehran. people there like people here in the united states are watching to see if a possible olive branch from iran's new president is for real. he and president obama both speak today at the u.n. here's cnn's reza sayah. >> reporter: iranians are hopeful and optimistic that after 34 years u.s./iran relations will improve. the source of the optimism, iran's new president. the big issue standing in the way, the nuclear program. now all eyes on today's u.n. general assembly meeting, many eager to see if presidents obama and rouhani shake hands. kate? >> reza, thank you so much. now to moscow, an update on a famous vladimir putin protester who is spending time

in prison. here's cnn's phil black. >> reporter: she says they are forced to work 17 hours a day, but allowed to sleep only four. they receive small portions of food, it's often rotten. she admits she's never been touched 23izically because she's famous but says her life was threatened when she tried to negotiate better prison conditions. she's refusing food and work until all prisoners are treated humans. the authorities are denying her allegations. back to you. >> thanks so much. you know the old saying if it seems good to be true, it probably is. check out this review for a bus company. u.s. coachways does a great job. that problem, that review is fake. it was written by the owner. let's bring in the host of cnn's went your monday," christine

romans. >> was a year-long investigation in new york. the attorney general got $350,000 in settlements from these companies. look, you can't believe everything you read on the internet, especially when your looking for reviews for all different kinds of companies. there are real reviews out there but some of the very well known names like yelp and city search and google local, there are fake reviews the new york attorney general found dentists, lawyers and ultrasound clinic but more often it was laser hair removal, teeth whitening clinics, stuff like that. they found different cases of this. and that charter bus operator that you showed in particular, in some cases, look, they're hiring a search engine optimization company, helping them clean up negative review. that's what this was.

imagine trying to find a contractor and some 17-year-old has written the posting. >> i use it a lot but i think the key is maybe being a skeptical user. know how to read them and what kind of things to look for. >> when you see a billboard on the side of the road, you know it's an advertisement. look for specific information. anything that's general or just, hey, it's great, don't believe that. look for specific information. compare reviews across different websites. you have to use your common sense. if it sound like something that isn't specific enough about this business, know there are real reviews and fake ones, too. it is false advertising. those are the laws in new york that the attorney general is going after, false advertising. be a skeptic, that's right. she called it her bs radar. >> i'm happy that you got an attorney general doing his job and going after these things but come on, really, did you think they were all real. >> news flash, you can't believe

everything that is written on the internet. >> i go by the old stand by, i know a guy. coming up on "new day," listen to this story. after he was kidnapped and living life on the run, a 13-year-old boy reunited with the father he hasn't seen since he was a baby. wait until you hear who police say ab ducked him. amazing. we can all agree on this, the cuteness of baby pandas. our must-see moment today from china, they're celebrating the birth of some panda cubs. the cuteness factor.

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you know, when someone is abducted for more than 24 hours as you will have heard, you rarely see them again. imagine this story, a decade ago someone's abducted. now they're 13 years old, they're found, coming back face to face with their parent. we cannot believe the woman who has been charged with the kidnapping. pamela brown is following this story. i'm being intentionally vague. you can't make this up. this is the exception to the rule. >> it certainly is. it's truly bizarre, chris and kate. the pair privately connecting. the father and son as we talked about following this kidnapping that spanned at least three states and 13 years. this happy ending made possible in part by a hard-working detective, a quick-thinking school official and private investigator who never gave up. it's the stunning story making headlines nationwide. a baby boy abducted 13 years ago. now, reunited as a teen with his

father. this is his alleged kidnaper, 60-year-old sandy hade is the boy's grandmother. >> came home from work and she was gone with the baby. he hasn't been able to find them since. >> reporter: the boyce's father spent years searching with limited help from law enforcement. apparently impeded by an odd florida state law. >> the supreme court has said in states that have held grandparents may have actual rights to access to the grandchildren. that varies across states. >> reporter: earlier this year, the boy's father and aunt hired a private investigator who helped track him from florida to putnam county, missouri and iowa in july. >> when i located her in putnam county, the police chief informed me that grandmother and the boy had moved a month and a half previous. >> reporter: hate and her grandson were homeless, recently living at this house in missouri. then a break in the case when hate tried to enroll the teen at

this school, administrators grew suspicious and called police. >> and had some concerns if they were the actual parent. >> reporter: just days ago, police arrested hate and picked the boy up at school, returning him to his dad for the first time since he was a baby. >> i was just ecstatic. all i wanted was a happy outcome and i got it. >> reporter: sandy hate meantime is now behind bars facing child abduction charges. a preliminary hearing has been set where she will be assigned a public defender. there are still no details on why she may have kidnapped her grandson in the first place. that's still sketch a mystery. >> amazing story. almost never happens. when it does happen and you find them, it's almost always family. time for our must-see moment of the day. cuteness. by a factor of 14. take a look at this sleeping bunch of adorable pandas in a crib. all 14 artificially bred at a

panda research facility in china. all were born between july and september of this year. they're not from the same mom, obviously. but seriously cute. i did research because i didn't know what is the name of a group of pandas like a pride of lions, a gaggle of geese. >> a sleuth of pandas. >> a sleuth. >> isn't that interesting? >> from july to september. look how fast they grow. >> then there's a little one. >> he's still convinced they'll eat our faces off. >> they're wild animals, they're bears. how do you think that story ends? here's a eucalyptus leaf, mr. yum! yum! how do you think that happens? >> the question of the week, a government shutdown, with only six days left to get a deal done, one senator taking on his party. we'll talk about it.

we've been talking to you this morning about what's going on in nairobi. are we vulnerable of this type of attack? does it have roots here? we'll talk about it with the new york city police commissioner, ray kelly. lactaid®. for 25 years, easy to digest. easy to love.

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remember when peyton manning needed major neck surgery. >> yes. >> everybody thought the then 35-year-old quarterback was done. >> absolutely. >> tell that to the raiders who learned the hard way that manning and the broncos are back, maybe better than ever. the guy is phenomenal. >> he's amazing. the rest of the afc better watch out.

they continue to look absolutely unstoppable. we're three games into the season and already setting records. manning threw three more touchdowns, all coming in the first half. he has 12 on the season which is the most ever by a quarterback in the first three games. broncos easily beat the raiders, 37-21. they're a perfect 3-0 this season. the long wait is finally over for the pittsburgh pirates. after beating the cubs last week, they secured a playoff spot for the first time in 21 years. the last time the buccos were in the postseason, gas was just over a buck and george bush sr. was the president. since making the play of jos in 1992, the pirates have had 20 straight losing seasons, the longest streak in professional sports. the pirates being good comes at a good type for the city of pittsburgh, because the steelers are 0-3. at least they have something to cheer about there. >> all right. there's always something to cheer about. like peyton manning being amazing. >> andy scholes, thanks for

bringing us the bright side. appreciate it. thanks so much. it's time for the rock block. a quick roundup of the stories you'll be talking about today. >> talking about making lemonade out of lemons, the first story from the new york daily news. after their daughter called off the wedding, the atlanta couple had 200 of the city's homeless community join them for the four-course wedding reception dinner. >> in "the new york post," honor for ray charles, the postal service will add him to the forever stamp series. it is set to be unveiled monday. time for business news and christine romans. >> stock futures slightly lower this morning after a 50-point fall on wall street wednesday. in the past three sessions, the dow industrials losing 276 points. pressing the pause button on that september surge. another big story, the house that steve jobs grew up in is being evaluated by the los altos

commission. if approved, that house will become a historical site. we see average temperatures into the 70s, this is for the northeast. down in the southeast, we're still talking about rain. there's a stationary front. notice another front headed their way. that's a threat for flooding into florida. more rain and more rain. the story never ends there. >> you're keeping an eye on it. thanks so much, indra. we're now at the top of the hour which means it's time for the top news. he reached over, grabbed my daughter and ran as fast as i could without looking back. >> the deadly mall massacre, over 60 killed, scores wounded. could it happen here? new york city police commissioner ray kelly joins us with what is known and what's being done to keep you safe. six days and counting. the clock ticks toward a government shutdown. now it's republican versus republican over what should be

done. that debate, straight ahead. critical development, the little girl once known as baby veronica is back with her adoptive parents. is this long, legal battle finally over? >> your "new day" starts right now. what you need to know -- >> ted cruz is a fraud and he should no longer have influence in the republican party. >> announcer: what you just have to see. ♪ this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning. welcome back to "new day," tuesday, september 24th, 7:00 in the east. this morning, president obama just hours away from a big address to the u.n. can he rally support for his crackdown on syria? will he make history and meet with iran's new president? we have a live preview of the president's day and the stakes

just ahead. >> as flu season approaches could you soon have access to a universal vaccine to fight the dreaded virus? we have new details about ground-breaking research that may make for a healthy season for you and your family. that, ahead. >> and he is a triple threat, singer, dancer, actor justin timberlake joins us on "new day," talking about his new film, "runner runner." it's all about the risk people take for wealth. is it art imitating life in. kenya officials told us they were in control of the situation, now they're saying the siege is very near the end. that's their quote. meanwhile, bomb squads clearing out explosives from inside the west gate mall. cnn senior international correspondent arwa damen is in nairobi with the latest. good morning, arwa. >> reporter: good morning, chris. the mall is just down the road

here, slightly over to the right. we've been hearing in the last hour or so, a small explosion or two, intermittent gunfire as kenyan defense forces that we've been seeing moving in and out of from that road to leads to the mall are trying to bring the situation fully under control. the countryian government says it has gained control of the westgate mall. but it's still unclear if all of the hostages have been freed. after a three-day standoff with islamist militants. this morning, we're learning more about the attackers who launched the deadly siege. three have been killed. the exact number of gunmen that remain inside, still unknown. kenya's foreign minister told pbs's news hour that two or three of the militants are young americans who appear to be of somali or arab origin. the state department is looking into these reports. >> where's the helmet?

>> reporter: sporadic bursts of gunfire rang out behind our crew on monday. plumes of dark smoke rose above the upscale mall after kenyan authorities say al shabaab militants set a fire inside the building. this as survivors share their harrowing survival stories. nick was at the mall as his pregnant wife shopped on another floor when -- >> heard a loud explosion, or blast, followed by gunshots. i just reached over, grabbed my daughter and just ran out the front door of that cafe. as fast as i could without looking back. >> reporter: handler and his daughter hid in a storage room for three hours before safely reuniting with his wife. the red cross says that at least 65 people are unaccounted for or missing. among them, janet's husband. she cradles her granddaughter and clings to hope. >> he's the love of my life. >> i had 30, 35 kids with me

including two of my own. i was trying to protect them, telling them get down, get down. >> reporter: this woman tried desperately to save the children on a cooking show on the roof of the mall on the day of attack. >> i saw something whiz by my son's head just like that. it bounced from the wall and hit the little boy over here. the poor boy. i tried to put my hand there to stop the bleeding. i don't know what i was doing. i don't know what i was doing but i couldn't save him. >> reporter: local radio personalities were hosting that cooking show. >> i got shot here. i had so much blood everywhere. i thought she was dead and i was holding a dead baby. >> reporter: but the storm of emotions they and so many others here are going through is still so raw. and, kate, a lot of kenyans have been coming up to us wanting to express how devastating and heartbreaking this experience has been for them, saying this

is a country that is much better known for how friendly it is. and at this stage, everyone really waiting, hoping that the situation is going to be resolved soon. there are also so many unanswered questions, kate. >> four days in, it's not over yet. arwa, thank you so much for the update. a big question this morning, were any americans among the attackers? kenyan's foreign minister says yes but u.s. intelligence has not confirmed that. cnn's martin savidge is live in minneapolis where many somali-americans live. he's looking into this. good morning, martin. >> reporter: good morning, kate. i think it's safe to say this community is holding its breath. there was an emergency meeting of civic and religious lead urz because they know in this community al shabaab has been active in the past recruiting. they're very anxious. at this mosque, men bow at midday prayer.

in this minneapolis neighborhood, home to the nation's largest somali-american population. 17-year-old berhan hassan was a straight "a" student who wanted to be a doctor, then he disappeared in 2008. >> sometimes i can't sleep. >> reporter: his mother who at the time didn't want to be identified told cnn she had no idea where he'd gone. until he called. >> mom, i'm somalia, don't worry about me. i'm okay. >> reporter: but he wasn't okay, he was fighting for the group al shabaab, not long after, she was told he was dead. this rampage in kenya has many americans wondering how long those behind it come to the u.s. omar jamal, a somali diplomat, says al shabaab is already here. how many people, how many young people have been taken from this community by recruiting. >> approximately 30 to 40. that's the most often asked question. and i think nobody can nail down an exact figure. >> reporter: even as we sip coffee in middle america, he's sure the terrorists are recruiting nearby.

hassan's uncle says teens here often raised in single parent homes with no hope become perfect targets. >> when you have young people, young boys who have never seen their dad, who live in this poverty environment, and need badly to find a role male model, al shabaab group becomes that father they never had. >> reporter: unless something's done, jamal predicts one day instead of leaving the u.s. to fight for al shabaab, they will stay, he says, and fight here, explaining the logic this way. >> it's just a fraction of second where should i do that. well, i'm in minneapolis. what the heck. why don't i do it here. >> reporter: the reason that somali americans are so highly prized by al shabaab is, well, there are two of them. one is makes for great, publicity to have americans on

your side and earlier this morning, two more boys disappeared. >> martin, thank you for that. let's bring in new york city police commissioner, ray welly. good to have you on "new day." this is different. we're usually worried about people coming here, committing acts of violence. recruiting here and taking abroad, how does that change the analysis? >> one of our major concerns is going abroad, engaging in terrorism and then coming back even bringing the skill setback to the united states. we've seen people leave the metropolitan area to go to somalia. there is a fairly steady flow of young men for the most part wanting to go to somalia and the fact they could be trained and come back here and be use as a weapon is of great concern. >> of course, the question

becomes how do you prepare for that? a great man said the threat of terrorism is as great if not greater than it was before the world trade center was destroyed. that was you. you just said it a little while ago. is this the expansive new threat, they'll attack malls? is this the new normal? >> well, we certainly hope it isn't, really. what i was saying is that al qaeda affiliates and surrogates have grown significantly. yes, core al qaeda has been diminished, no question about that, in pakistan. we see a burgeoning, robust al qaeda in the arabian peninsula, iraq, we now see them in syria. al nusra is the al qaeda surrogate. they're actually growing in numbers and, of course, that's a concern for us. their ultimate target is the united states. >> al shabaab means the youthful. obviously they're looking to make their mark. what is the level of concern that a mall situation like we're seeing in nairobi could be

pulled off here, do we think they're capable of it? >> nothing is impossible as you can certainly -- less likely to happen here. i think the ability to mass the resources, the people would be very difficult to do, given, i think, activities and part of the fbi and other federal agencies. so is it impossible? no. is it certainly less likely than overseas? yes, i believe it is. >> are you just watching that situation or are you responding? you have the u.n. general assembly going on this week. have you taken new precautions in light of what you're seeing over there. >> the u.n. is a major commitment on our part. it's pretty much the same as what we've done year after year. we've made some adjustments. we have critical response regimens. we have focus that on shopping locations, that sort of thing, malls, to sort of raise the comfort level of shoppers.

but other than that we're certainly monitoring what's going on overseas and looking for any information, intelligence we get through our joint terrorism task force which by the way is responsible here in new york. they are responsible for what's going on in africa in terms of investigation concern. >> it allows for great coordination? >> yes, the jttf certainly does. >> obviously you know commissioner, when people see what's going on over there, it seems new, a new source of concern. for oz those in the business of protecting americans are you aware of the organizations, how they operate and what roots they may have in the united states? are you ahead of this game? is it the rest of us getting caught up in the threat? >> we hope we are. you don't know what you don't know. clearly al shabaab has been on the radar screen for quite a while. at least for 2006, most of their activities have been in somalia, kenya, uganda. we're always concerned about them extending their reach into our country. >> obviously what we saw in 2010

with faisal shahzad trying to set off a bomb in times square. you know the threat can be here as well as remote. >> he wasn't on our radar screen. we have to be alert, vigilant. i think we're doing everything we reasonably can do to protect new york. >> thank you. commissioner kelly. appreciate it. this morning, president obama said to make his fifth u.n. general assembly speech, a very big difference this time, new hope for progress with the president of iran and a possible groundbreaking meeting on the highest level between the two nations. chief national security correspondent jim sciutto has been following all this, he's here in new york this morning. >> the u.s. officials tell us there's no meeting on the schedule yet but they're open to diplomacy. they may not know yet. we've begun to see expectations,

management on their part. if no handshake happens and no bilateral on the side they don't want the message to be that the new diplomacy has fizzled. i don't think the iranians want that either. we know secretary kerry will meet with the iranian foreign minister on thursday. that's the first time that's happened since 2007. >> that is already progress. >> yes, already progress. there were 80 political prisoners released yesterday. i've been following the iranian president, hassan rouhani on twitter. >> talk about a new direction, at least it appears. that seems to be the tricky part of it. what's behind the change in iran's approach and if it's for real? >> the biggest reason you can think this is sincere is because it looks that international economic sanctions are working. they're causing tremendous pain inside iran to the iranian people and to the government.

it's one of the reasons rouhani was elected recently, to move them forward, get them out from under this. we talk about how irrational iran is, really, they're very rationale. they don't want to have the same fate happen to them. >> if there is change, the u.s. should be open for allowing that to happen. >> as long as it's tied to concrete action. that's the other message we keep hear from the white house. >> today is a big day. great to see you. a lot of news this morning, let's get to michaela. the child once known as baby veronica back with her adopted parents. the 4-year-old handed over last night after the oklahoma supreme court lifted an emergency stay. dustin brown had been granted custody under the indian child welfare act. now adoptive parents matt and mel lly capobianco gained custo.

a 2004 arrest in seattle after shooting out the tires of a car, a report from the office of personnel management says only that alexis deflated the tires on someone else's vehicle and the navy says alexis answered no, when asked if he ever faced any felony charges. at least 18 oil and gas spills being monitored after record flooding in colorado. so far about 27,000 gallons has been released. officials do say the spills are not unexpected in the context of such a major event. vice president biden visited colorado monday for an aerial tour to view the damage and check on recovery efforts under way. the former fbi agent already face is child pornography charges have agreed to plead guilty about leaking

information. they linked donald socklybin. the former agent is expected to be sentenced to 43 months in prison. he will plead guilty to federal child pornography charges that will land him an additional eight years behind bars. they are still shaking their heads in brack lynn after this, a $400,000 lamborghini got sliced in half in a terrifying accident. the driver walked away unscathed. a black mazda cuts in front of it, slamming it into the wall and breaking it in half. it's equipped with a safety slip and is designed to separate from the car at high impact. >> that's fascinating how that breaks apart. >> like a lizard, cut off the tail, it grows back.

indra, what are we looking at in the forecast? >> cold. i'll keep talking about it until it warms up which i have a long winter ahead of me. definitely cooler now. we continue to cool off in the morning hours. still seeing 40s out there. providence 44. boston, notice the 40s, chilly. again, the afternoon will be gorgeous. a lot of people saying you forgot to tell me to bring a coat. you don't need it. pittsburgh, 69. close enough. d.c., 75. i'd say that's beyond good for you. the big story southeast, you're getting rain but notice the whole country pretty dry. it's actually the pacific northwest that's going to be the big story overnight tonight. this is an early, i don't want to say the words, it hurts to say them, snowmaker this early in the season. maybe 1 to 2 feet of snow. that is way too early to be talking about snow already. it's the west coast.

it's my bad. i can't even blame it on you guys. >> i take the blame, though. thanks, indra. >> coming up on "new day," you know it's just six days before a government shutdown. but do you know why? we'll get some people on board to explain what's going on. you're looking right now at senator ted cruz, members of his own party are coming after him. we'll try and break it down for you. also, flu season is quick approaching and that means flu shots are as well. how about a flu shot that could prevent all the different flu strains that you could be facing. researchers say a universal flu vaccine could be in your future. >> what did i just take? when i was diagnosed with psoriatic arthritis, my rheumatologist prescribed enbrel for my pain and stiffness, and to help stop joint damage. [ male announcer ] enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers,

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that tick, tick, tick, not good in this situation. welcome back to "new day." senator ted cruz is standing in the way, vowing to filibuster any bill that doesn't allow defunding of obamacare. it's annoying members of both parties, including cruz's own. let's try and figure this out. we have two cnn political contributors, anna navarro is a republican strategist, will cain, a clulist for "the blaze." . let's get down to the nitty-gritty here. we'll lay out what the reasoning is behind this move. why the fight right now? >> chris, i mean, the best analogy i can give you, this is the equivalent of a hail mary in football. it's not a good strategy. a hail mary is you're in an unfortunate situation already. you're throwing the ball deep at the end of the game because it's basically lost. if you believe obamacare is a transformational moment in american history, for the economy, health care, for the relationship americans have with

their government, you have to throw the ball deep. it has a slight, low chance of success. i believe many republicans believe it has a low risk side as well. you might as well go for it. >> this is the part i don't understand. present the other side of this. it seems as though this person standing forward almost as a parent, saying i must protect my family, to do so, he turns around and smacks his kids in the face. it seems like the strategy is going to hurt the people he's trying to help. >> are we talking about ted cruz? >> yes. >> what other two-year senator do you know who gets mentioned in national tv and has a national profile and a national fund-raising list and e-mail list to the level he does? on the other hand, i think he may have overplayed his hand because he went out there all over the country, doing a national tour, trying to put pressure on congress, other colleagues to do this and then when the house called his bluff, he said there's not much i can do. he's angered now a lot of

republicans because, look, let them vote their conscience. he can vote his. that's fine. this kind of public fratsiersid that's going on. >> republicans are the children that are being slapped? >> the idea that using the shutdown as the lever here, winds up hurting the people. >> i understand your analogy. that seems there will be a political cause. the rains will pay for a government shutdown come the election a year from now. i am not sure that's the case. everybody looks back to the 1 90s, you had a government shutdown, the republicans were punished. we're a year away from an election and americans have short memories. >> i don't agree with that. i think we are going to pay a cost and the reason is because nobody wants to marry into a dysfunctional family. we're airing out our public laundry, washing our laundry out

in public. it looks bad. we have this -- you don't know what voice you're hearing from the republican party. we're doing this public fighting in a very -- >> nobody wants that. >> in an open spectacle way. who wants to join a family where nobody is getting along. >> my wife is saying, i know how that story goes. >> you guys can cook italian. >> my wife is better at it. we both try. both sides have to try. i want to switch focus. newt gingrich was on the show, saying by the way we didn't lose seats. what they may have lost was cultural viability. the question becomes here, is that the risk, if you misplay this, will you lose the connection with people. >> one the american public is more concerned about with a government shutdown and the possible effects of that than they are with obama care. right? polls suggest, what is it, we

have polls across the spectrum, 60% of american people are not highly concerned about obamacare but opposed to it at this point. you have republicans standing on principle saying we're going to do everything, down to the last moment, including throwing a very unlikely pass downfield to stop this -- >> this is the u.s. senate. this isn't getting nominated for a best supporting actor in a melodrama. we have to go for reality, go for things that can actually happen in the senate. i think that's where the problem is. the reason that this is going to have a political cost is because you're right. until a few weeks ago, the entire focus was all the problems with obamacare. it was becoming a huge headache for the democrats and for president obama. we've taken that off their shoulders and made it our problem. >> this is an argument about tactics and how this plays out politically. i don't want to take part in the political conversation. there's a principle to stand on. we agree it's not likely to work

but you go for it, even though it's unlikely if you have a strong principle to stand on. >> you have to weigh that against what's best for people. >> american people, not politicians. >> always, always my friend. always. take on this. how much of is this is the democrats' fault? they have the majority, they have the votes. should they be sitting back and allowing this to happen? is that responsible for people? >> they're never going to give up on their signature legislation. >> let a shutdown happen instead. >> you know when the democrats come to the table to change and fix obamacare? when we stop doing delays, exceptions for people like legislative aids and the members of congress and when it goes into effect and there's going to be a lot of unintended and intended consequences that the american people aren't going to like. as long as we continue taking it off the radar, it's not going to be a problem for democrats. right now it's become a much billinger problem for us.

he's right. the tragedy is we all agree on the underlying issue. we've just been fighting about everything else. >> just to complete your analogy, the democrats who are challenging it we never had high expectations for. >> to mind the polls a little bit, if there is a shutdown, the american people feel that both parties will be to blame. maybe a little bit of a shading towards republicans right now but both will take a beatdown and republicans and democrats should remember that. thank you to will, anna. thank you very much. coming up, we talk to a former senator and presidential candidate. what does mr. rick santorum think about this looming shutdown. it appears to be once and over for all. the little girl back with her adoptive parents. will the girl's father end his fight this time? and we're getting closer to a universal flu vaccine.

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>> announcer: you're watching "new day" with chris cuomo, kate bolduan and michaela pereira. welcome back to "new day," everyone. it is tuesday, september 24th. coming up in the show, a heartbreaking custody battle for a 4-year-old cherokee girl may finally be over. the child once known as baby veronica is back with her adoptive parents this morning. why her biological father says it was time to give up that fight. plus, j.t., justin timberlake here, the entertainment juggernaut goes

one on one with our nsschelle turner. let's give you an update on the standoff between kenyan forces and terrorists as it enters day four in nairobi. sustained gunfire erupting from westgate mall. police have called in a bomb unit to clear the scene. several gunman are still believed to be inside that mall. the interior minister says two or three of the al shabaab attackers are american. that has not been confirmed. president obama is expected to face a skeptical audience later this morning. among the topics he's expected to touch on, mideast peace negotiations and syria. an old car found in a south dakota embankment could be connected to a 42-year-old cold

case involving two missing 17-year-old girls. crime scene investigators will process the vehicle for forensic evidence that could link it to the missing teenagers, pam jackson and cheryl miller. those girls were last seen in may 1971, driving a 1960 studebaker lark on their way to a party. a parachute jump gone horribly wrong, searchers in west tennessee have found the body of a missing skydiver. he jumped about 29,000 feet from a plane monday morning. all the others made it to the ground safely. investigators say the man's chute was not fully deployed. they're not sure if the equipment malfunctioned or suffered a medical problem during his free fall. burger king introducing a lower calorie french fry today. the crinkle cut fry is said to have about 20% fewer calories. burger king insists you will not know the difference. the secret to the lower calorie count, apparently a new batter

that does not absorb as much oil. wait, batter on a french fry? as for the crinkle cut, that's to help employees identify which is which. batter on a french fry? >> fried, fried. >> double fried. >> i don't want steak fries. >> if you're going to have a fry, have a fry. don't make it something it isn't. >> fake fry. impostor. >> that's decided. moving on. to a story we've all been following closely. the little girl once known as baby veronica now back with her adoptive parents this morning. the 4-year-old cherokee girl was handed over from her biological father after the oklahoma supreme court lifted an emergency stay. zoraida sambolin is here with more on this. this has been a long, drawn out and emotional fight between these two families. >> some say it's over and some others say it is not over. what we can agree on, it has been complicated and heartbreaking. a custody battle four years in

the making. veronica's biological father, dustin brown and her adopted parents, mat and male lly capobianco have been fighting since her birth. >> reporter: on monday night, the year's long battle coming to an end when veronica's biological father, dustin brown handed her own to her adoptive parents after a state supreme court ruled that it could not intervene in the case. the brown family watched from the front window of their oklahoma home as the deputy and marshall led her away. >> very courageous. and took this action, what he believed was in veronica's best interest. >> reporter: these photos provided to cnn by the

capobian capobiancos, veronica seemingly all smiles. it has been a complex ordeal for both sides. veronica, born a citizen of the cherokee nation was placed in the capobianco's home in 2009. just a few months later, her biological father changed his mind and sought custody under the indian child welfare act, a law that protects native american children from being separated from their families. brown was awarded custody in december 2011. the two families have been in a nationally publicized legal battle over veronica ever since. for the last two years, veronica was living in the cherokee nation with her biological father. the court's ruling cleared the way for the capobiancos to take her back. she has been reunited with her family. our prayers are with everyone

involved this evening. there is no happy ending in this travesty. only closure. the case maid it all the way to the nation's highest court, which ruled that the indian child welfare act did not apply in this case. brown was ordered to return veronica back to her adoptive parents but refused to give her up without a fight. >> i'm going to fight until i have no fight left in me and until they say you can't fight no more. >> reporter: brown has no visitation rights but his attorney is hopeful that dustin will remain a part of veronica's life. for the capobiancos, it's a bittersweet ending to a four-year ordeal. the big question is whether the biological father will in fact have a presence in this child's life. that's what's up for debate. both sides are not talking but their reps are talking. the cherokee nation said this fight is not over. we will assess our legal options in the morning. is it over? i would say not.

you just never know what's going to happen here. baby veronica is back with her adoptive parents this morning. >> it has been back and forth, back and forth. >> sad. >> very sad. you think maybe her best interest has been lost in all of this. both families want the best for her. >> that's the point. adoption is complicated as you well know. the law is not a promising prospect for the man at this point. but there are other considerations. >> i always go back to where are things going to stand with this young lady, 18, 20, 30, trying to search for who she is. so much is imprinted on a child at such a young age. >> they both have the opportunity to do the right thing, saying let's lead by example, definitely for this little girl. >> put the acrimony aside. >> emotions involved. >> thanks, zoraida. we take a break. on "new day," when whe come bac,

awn unbelievable story, a dad reunited with his son after 13 years. more interesting is who the police say took the child and how they were able to prove it. the details when when come back. also ahead, a universal flu shot. is it possible? how much easier would this make the winter months? new search shows progress in that direction. how close are we and what does it mean for you and your family? that's ahead. but with a mortgage. and the furniture's a lot nicer. and suddenly, the most important person in my life is someone i haven't even met yet. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. as you plan your next step, we'll help you get there. ♪ every now and then i get a little bit hungry ♪ ♪ and there's nothing good around ♪

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welcome back to "new day." there are three words that offer great promise. universal flu vaccine. according to a new study from nature medicine, british scientists now believe they're as close as five years away from developing one. dr. jennifer coddle joins us now. really, five years away from

something universal for flu? >> i'm not exactly sure about that. so this was a study where researchers collected blood samples from about 342 people at the beginning of the 2009 h1n1 flu pandemic. the people in the study were asked to track flu symptoms they had and at the end of the study, the researchers concluded or found that the people with the mildest flu symptoms had the highest number of cd8 t-cells. this is a platform by which the researchers are saying we may be on the brink of a universal flu vaccine. i think we need more time, more data, nor information. but i think there's a lot of interesting concepts and perspectives in this study. >> take a step back. what does a universal -- would a universal flu vaccine do in comparison to how maybe effective the flu vaccine is now today? chris just got it, i just got it. >> which i'm so happy you guys

got your flu shot, that's fantastic. first of all i want to talk about that term. you're asking to are a definition. that's one thing that needs to be defined. >> oh, it isn't. >> what when we say universal, what exactly are we talking about? what was mentioned was the idea instead of us having to rebuild a flu vaccine like we have to now, perhaps we have a vaccine that protects people no matter what flu strains are in the environment. that's the context in which we're understanding this term universal flu vaccine within the realm of this study. that actually needs to be defined. what exactly is it targeting? how effective would it be? how many vaccines would be given? we're still a ways away from that. >> why? >> why? >> yes. why isn't it happening faster? isn't there money to be made here for whoever figures it out. >> the answer of why is, remember, when we create vaccines and make immunizations and recommendations, scientists

put a lot of brain power into this. that's what we want. we need good data when studies, involving lots of people to figure out what this universal flu vaccine would look like and how it would affect people. we do have the seasonal vaccine right now for the flu. we have this available. >> let me play you for a second. money to be made. there's a big industry around flu prevention. i would argue that one would wonder if there's not a movement to prevent a universal -- >> for all the symptom relief. >> you look at the products that are available. >> right, right. we have products available to help people when they do get the flu virus, don't get me wrong. >> nothing helps. once you get it, only time. >> you have to ride it out, essentially. >> you take the theraflu all you want. you're going to be hurting. >> we do have antivirals. there are things you can do to prevent the spread, like washing your hands and stuff like that. the cdc says that many medical

organizations, i say it to my own patients. the best protection we have is the seasonal flu vaccine. it's time to good out and get it. >> time to roll up your sleeves. >> one of three anchors has not gotten their flu shot yet. >> she's drinking her tea, popping her vitamin c. >> we could have done a flu shot today. >> needles on "new day," do not go together. >> great to see you. thanks. >> get your flu shot. president obama back from the united nations general assembly today, what will he say about the carnage in syria and also about the possible relations with iran? did you hear that breaking bad ends? it turns out -- no, i'm kidding. netflix is helping keep the spoilers at bay. we'll tell you about it, when we come back. before the first grandchild. smile.

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welcome back to "new day." it is time for pop 4 from nischelle turner coming to us from remote. >> i'm here. i'm coming to you from remote. if we have time, remind me to tell you about my crazy dream last night. it was crazy. and it's crazy i remember it. that's a tease. let's get to the pop 4. "the voice" returned last night, reunited all four of the original judges. oh, happy day. i love that. it also featured what they're calling the fastest chair turn around in history. we're seeing it right there. matthew schuler, hello. how are you? watch out for that one.

yes, indeed. do you hate those "breaking bad" spoilers? netflix says i've got your back if you do, to block all tweets that could ruin the season finale. logon to your twitter account through the site spoiler foiler.com. it filters out the tweets with words "breaking" or "bad" in them. quick fix. who knew? the show has the best ratings since 2005 with 17.6 million viewers tuned in, there's one thing they didn't see. maybe a few things they didn't see, if you listen to "grey's anatomy" star ellen pompeo. and she said the dance number was really white. that's what she said. harry potter plays freddy mercury.

daniel radcliffe has been told that the role is his if he wants it. they did not deny that an offer has been made. so maybe we will hear the boy wizard belt out a little ♪ nothing really matters ooh, god. you know it's 4:00 in the morning. let me stop. >> nischelle, i love you. little bohemian rhapsody? we'll see. that sounds good. the dream, tell me. >> oh, the dream. you know how i'm scared of the subway, right? >> yeah. >> i had a dream that i was diana ross as dorothy in the wiz. things start bouncing and getting bigger and she starts running, her and michael jackson. i think that set me back another year for subway, guys. >> i want whatever nischelle is taking, because that is one dream. come on back. >> no vaccine against crazy.

that's for sure. coming up on "new day," six days and counting until a government shutdown. it's not even a joke. biggest roadblock to a compromise may be senator ted cruz. we'll talk about it. with mr. rick santorum, coming up. day four, deadly standoff between kenyan security officials and terrorists at that mall in nairobi. we'll take you there live, coming up. americans take care of business.

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you know what that means. round up the stories we're

talking about today. first up, michaela. >> okay. from t"the new york times," german voters electing that country's first two black members of parliament. in the washington post, stories about the effects of the recession. the number of illegal immigrants dropped between 2007 and 2012 when the economy tanked. and in ""the wall street journal," they say it's okay if parents fight in front of your kids as long as you can do it in a healthy way, no name calling, no insults, no storming off in anger. we'll work on that. >> those parents won't be able to get joint credit cards anymore. chase says it's trying to simplify its offerings. you'll have to add your spouse or anyone else as an authorized user to your account. joint credit card customers won't be affected at chase. at least one thing that will get more products under your

christmas tree. toys r us will hire 45,000 temporary workers, 15,0% will likely become permanent. retro logo, snatching up the brand hostess which recently went belly up. colder outside, at least in the morning hours. 40s in the northeast. by the afternoon it will be pretty nice. 70s are expected, philly. pittsburgh, 60. 69 degrees. down in the southeast, they are still talking about the rain the northeast had over the weekend. stationary front. it's stationary for a reason. it is staying in place. notice there's a cold front behind it. even more rain with flooding concerns into florida. >> thank you so much. >> we're now near the top of the hour. that means it's time for the top new

news. >> i got shot here. i had so much blood everywhere. >> home-grown terror. were some americans behind the deadly terror attack that left over 60 dead and scores wounded in an upscale mall in kenya? chilling eyewitness report straight ahead that you won't want to miss. critical test with tension high in syria and possibility of new talks with iran on the table. we have the details, diplomacy and what's at stake. he brought sexy back. now he wants to give you the 2020 experience. justin timberlake opening up about his life, his new movie and growing up in the spotlight. your "new day" continues, right now. >> what you need to know -- >> i'm not going to reciprocate. if they want to insult me, they can knock themselves out. >> what you have to see. >> you have a problem. >> how did you know i didn't

make it out of there alive? how did you know? >> this is "new day" with chris cuomo, kate bolduan and michaela ferrera. threat of a government shutdown. republicans are also fighting each other. with six days to go, some are asking if their stalemate will cost the country and their own party. rick santorum is joining us live to discuss that and much more. plus the legal wrangling over the girl we once knew as baby veronica may be finally over. she's back with her adoptive parents after a case that tested the parents' resolve and the law. we just told you, but i really think it bears repeating, jt bringing sexy back to "new day," talking to nischelle turner about his new film, where he gets his motivation to keep trying new things, always

staying relevant. first up this hour, sustained gunfire heard today at a mall in kenya where three kenyan defense force soldiers were killed while taking part in that rescue operation there. government officials say the situation involving al shabab gunman at nairobi mall is very near the end, they say. bomb squads are busy removing devices that have been set up around the mall. arwa damon is on the ground there with the latest. what's the latest, arwa? >> reporter: well, throughout the morning, and especially in the last hour, we've been hearing more small explosions, followed by brief spurts of gunfire as kenyan security forces tried to go through and conduct this final sweep througho throughout the westgate mall just down the street over to the right, trying to bring the situation here fully under control. the kenyan government now says it has regained control of the

westgate mall. it's still unclear if all of the hostages have been freed after a three-day standoff with islamist militants. this morning, we're learning more about the attackers who launched the deadly siege. three have been killed. the exact number of gunmen that remain inside, still unknown. kenya's foreign minister told pbs' "news hour" that two or three of the militants are young americans that appear to be of somali or arab origin. the state department is looking into these reports. sporadic spurts of gunfire rang out behind our crew on monday. plumes of smoke up above the mall as al shabab militant s mi. cafe at a mall, taking care of his almost 2-year-old daughter, as his pregnant wife shopped on another floor when -- >> heard a loud explosion or

blast, followed by some gunshots. i just reached over, grabbed my daughter and just ran out the front door of that cafe as fast as i could, without looking back. >> handler and his daughter hid in a storage room for three hours before safely reuniting with his wife. the red cross says at least 65 people are unaccounted for or missing. among them, janet's husband. she cradles her granddaughter and clings to hope >> translator: i had about 30, 35 kids with me, including two of my own. and i was trying to protect them. i was telling them, get down. get down. >> reporter: she tried desperately to save the children at a cooking show on the roof of the mall the day of the attack. >> i saw something whiz by my son's head, just like that. it bounced off the wall and hit the little boy over here. the poor boy. i tried to, you know, put my hand there to stop the bleeding. i don't know what i was doing.

i don't know what i was doing, but i couldn't save him. >> reporter: local radio personalities were hosting that cooking show. >> i got shot here. i had so much blood everywhere. i thought she was dead and i was holding a dead baby. >> reporter: but the storm of emotions they and so many others are going through is still so raw. >> and it will be for some time. thanks to arwa damon. we want to bring in a woman who was trapped in the mall for four hours during the attacks. she said she had to hide under a pile of suitcases and luggage while hearing constant gunfire. we want to hear her story. can you hear us? >> yes. yes, i can. >> are you okay? any injuries suffered when you tried to make it out? >> no. i got out without a scratch. >> so, tell us, what was it like being inside there?

when did you realize what was going on? what was it like with the massing hours? tell us. >> well, i was in a big store here, equivalent to walmart in the u.s. it started off with a blackout and the lights came back on. i heard a loud noise after that. i couldn't quite make out what it was, i thought it was an earthquake. looking around, the building was still. i then heard a series of gunshots. at this time is when everyone ran. i can't even tell you what directions people ran in. everyone was running. i ran back into the supermarket and it was crazy. i can't really remember seeing people run, because i was concerned about running myself to safety. i eventually ran upstairs by the

suitcases. and that's where i hid. >> now we understand that there's something that was going on while you were there, that you kept hearing gun shot after gunshot with a pause in between. and somebody told you what they thought was happening. >> yes. >> what were you told those gunshots were about? >> well, in the midst of all the chaos, i was actually able to contact my mother, who contacted the rest of my family. they were texting me what was going on. my dad was with the police and my brother was also not too far away. my brother sent me a muslim prayer. he was informed by a casualty in hospital that they were shooting nonmuslims. they were shooting those that did not know the shahad prayer. my brother sent me that prayer to memorize, which i did. continuous shots did stop for a moment. i was hearing shots after shots

every moment. that kind of synchronized with what i was hearing. they were questioning people and if you were found out to be a nonmuslim, you were shot. so it did synchronize with what i was being told. >> how did you get the strength to overcome your fear and try to escape when you knew that there were gunmen there, you knew there were people telling you, if you try to escape, they'll shoot you. how did you overcome that and how did you get out? >> it's taking a step with faith. i was praying the whole time. i believed that, you know, if i got out, i would be rescued. i was also texting my father at that time and i asked him whether it was actually true, that the policemen did secure a rescue way. he told me that it was true and i should follow the employee who told us of the exit.

so, yes, it was taking a step of faith. >> luckily, you made it out. as you know, the situation is still ongoing. as terrible as it was, you are one of the lucky ones. dorcas mwangi, thank you so much. so glad your safe. thank you for joining us this morning. >> no problem. >> kate? let's move now to the latest on a potential shutdown of the federal government here in washington. just six days away now. senator ted cruz is taking center stage in the drama. the texas republican is standing firm on defunding obamacare. cruz's stance is costing him support within his own party. dana bash is joining us. >> reporter: it is costing him support. the whole reason he is in the

senate is because the 42-year-old won a republican contest in texas last year with the help of tea party supporters, who want him to be a senator not who legislates by negotiating, but by sticking to principle. and that's exactly what he's doing. the way ted cruz sees it -- >> obamacare is a disaster. >> reporter: he's simply keeping a campaign promise. do whatever it takes to destroy obamacare. >> that should be our priorities, not simply continuing business as usual in washington. >> reporter: cruz's scorched earth strategy, tying defunding obamacare to a must-pass spending bill, is inflaming many fellow republicans who think if this causes a government shutdown, they're going to get burned. peter king called him a fraud. >> require real conservative solutions not headline hunting schemes. >> reporter: in the democratic-led senate, the votes are not there. mr. cruz, no. >> reporter: some of cruz's

republican colleagues are so miffed it's gotten really personal. i didn't go to harvard or princeton, the schools cruz graduate from, but i can count. >> reporter: they don't like what you're putting them through. >> individual politicians can choose to say whatever they want or launch whatever personal insults they want. in the house, republicans, including those who criticized me, voted to defund obamacare. in the senate, the votes are very fluid. >> reporter: to be sure, among many grassroots conservatives, cruz is a hero, but he has rubbrub ed gop members the wrong way. john mccain called him a wacko bird. now he's warning senate republicans, support his filibuster. >> any senator who votes for

closure on this bill is voting to give harry reid the authority to fund obamacare with just 51 votes. >> reporter: that is not persuading even his own party leaders. the top two republican leaders say they will not support cruz's filibuster. what that means in practical terms is that senate democrats will be able to get the votes to pass a bill, keeping the government open without defunding obamacare. the question is how long cruz is going to let this play out. he has the tools to do so until sunday, one day before the deadline and this goes back to the house, led by republicans, and it will be up to them, likely, to prevent a government shutdown. >> one big question is where the senator's confidence comes from, in terms of his belief that the people want him to fight obamacare. we'll talk with rick santorum and get his take on the government shutdown. another test for the president this week, delivering his fifth speech before the

united nation s general assembl today, focusing on iran and syria. jim acosta is joining us with much more on that. what are you hearing about the president's speech today? it's always dissected, word for word. >> it absolutely is. from talking to administration officials the last 24 hours, they say three big themes in the president's speech at the united nations general assembly today, peace in the middle east, iran's nuclear program and syria's chemical weapons program. diplomatic activity on all of these fronts, not only syria, but iran, could result in what one aide called extraordinary successes for the u.s. aides cautioned the recent potential breakthroughs and iran's nuclear program were made possible by the pressure applied by the u.s. and one top white house official stressed again that iran has to prove concerns over its nuclear program and they note the big development,

secretary of state john kerry will be meeting with iran's foreign minister. and setbacks to the arab spring. kenya, administration officials also say the president will likely spend time on the terrorist attack on the mall in kenya. the president, as you heard yesterday, offered his simple this to the victims. aides say the administration is concerned about that kind of terrorism being on the rise in africa. >> on the issue of iran, what are you hearing about the potential that president obama will meet with president rowhani? these things don't happen by chance. >> no, they don't. they were asked, could this happen by happenstance? they said no, these things don't happen by happenstance. we checked with them this morning. nothing is on the schedule as of now. >> is the official word. >> however i spoke this morning with the white house who said it's left the door open for some kind of face-to-face meeting with rowhani. if it happens in the hallway

where aides to both presidents usher them together to have it handshake. think how extraordinary this is. president has not met with the president of iran since the 1970s, since the shah and jimmy carter before the iran hostage crisis. if this happens today, it will be huge and will be historic. >> what does it mean after that? >> that is the big question. where does it go from here? >> good to see you. >> you as well. let's get right to michaela. a 7.8 magnitude earthquake has hit pakistan, the quake being southeast pakistan. right now, no word on damage nor casualties. we'll monitor and bring you any new information as we get it. a young girl is back with her adoptive parents, the apparent end of a long-running custody and bitter dispute. the girl once known as baby veronica was handed over last night after a ruling from the oklahoma supreme court. she was returned to her father after the adoption, thanks to the law supporting the stability

of indian tribes. now the trial is back with matt and melanie. we'll have much more on this ongoing story coming up this hour. in a park in chicago that wounded 13 people. police don't believe either of them was the one that pulled the trigger. detectives will only say that suspects allegedly played significant roles in the shooting, facing attempted murder charges. you'll recall a 3-year-old boy was wounded in that attack, which chicago police believe was gang related. senior naval official says aaron alexis 2004 arrest for shooting out a vehicle's tires came to light after last week's massacre. senior navy official says a personnel report used to determine security clearance didn't mention a gun, only that alexis had deflated the tires on a construction worker's vehicle. alexis opened fire at a navy yard last week, killing 12 people. eight people were wounded. being married may be the

best way to beat cancer. researchers in boston report married people with cancer are 20% less likely to die from the disease than those who are singled, widowed, separated or divorced. that holds true for all types of cancer. the real secret to surviving cancer may be social support. here is the question. how do you stand out in a crowd? joel salter ran the marathon in moline, illinois, backwards. oh, and add to that, he juggled the entire time. 26.2 miles, six hours later, making him what you would call an extreme juggler. see that, what i did there, kate? >> good. >> with he said doing this was on his bucket list. he checked that off. he also did a triathlon while juggling. how does one swim and ride a bicycle while juggling? so i think he only ran -- >> he has two extra arms. >> and he could swim on his back

and juggle. i'm offering you options here. >> we're impressed regardless of how he pulled it off. >> cycling is much easier in the juggling world. >> and you have people in the juggling world? >> i know people. >> oh, you know people. >> juggle and give us the forecast. >> no way. nope, not even going to happen. we're definitely talking about cold weather. if that is all we're talking about, we're in good shape across the country. northeast pretty mild as you're waking up this morning, 40s and even 50s are out there. on the upside today, it will be rebounding. average temperatures by the afternoon. lot of 70s will still be with us. new york city, 72. boston, 67. b.c. looking for 75 degrees. pretty nice out there. across the country, pretty dry. the only real big story -- it's probably going to make headlines overnight tonight is our first real system that's bringing, yes, snow. we're looking at snow across the cascades and the northern

rockies. not just a little hit. not just an inch, but a couple feet above 7,000 feet. i do not want to be talking about snow just yet. thought we just started fall. >> summer ends and now we're talking snow. >> wrong and more wrong. >> you're in a little bit of a seasonal disorder. >> another level at this point. >> you have to be more at one with changing of seasons. there's a science. >> working on it. >> keep working on it. >> coming up next on "new day," the clock is ticking, six days before the government comes to a screeching halt. will democrats and republicans find some way to come together and avoid a government shutdown? we'll talk to a former gop candidate, rick santorum. talk about obamacare, looming shutdown. also this. he has a bit of a career change. taking on movies. get ready to meet an extraordinary young man, dairy queen manager steps up, does the right thing when someone swipes

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if congress cannot come together and reach an agreement on what's known as the continuing resolution or plain and simply, to keep the government up and running, we are in for a shutdown in six days. former presidential candidate and now rick santorum has a new role. you clearly have too much free time. >> seven kids and just sort of hanging out. >> just sort of hanging out. let's get to that. first the latest crisis coming out of washington. you're a senator.

you know how this stuff works better than anybody. what do you think of this approach that's been championed by senator ted cruz, tying funding the government with defunding obamacare? >> i guess my feeling is that i would be with ted cruz. ♪ in the sense that what happens with washington, d.c., everybody sort of muddles together, tries to work thicks out. when you have a senate and president controlled by one party, generally speaking if you want more limited government it's going to be a bad deal, unless someone can plant a flag and say, no, we're going to pull this discussion this way a little bit and not just do business as usual. that's what ted, mike lee and others have done. i think that's a good thing. you know, we're -- it's too soon to tell whether the strategy has worked or not. will it move the debate this way? ultimately, i think that's what ted is trying to accomplish. and i think he certainly is pulling out all the bullets to

get it done. >> what's your advice to your party? what people are seeing -- often interparty fights are in private, but it's very public. fellow republicans coming out and saying ted cruz is putting them in a bad spot, he is out of control and way over the line. >> yeah. >> is it worth it standing on principle when you know, in reality, this is going nowhere? >> i have been accused of putting my party in a bad spot repeatedly when i was in the senate and sometimes you have to do that. you have to make people uncomfortable. people do get too comfortable in sort of cutting the deal. i'm all for compromise. but compromising more on what people want to do to grow government is a bad compromise. compromising on doing a little bit less, of shrinking government, is a good compromise. that's what we're trying to do, do something to limit the impact of obamacare on this country. that's what everybody is focused on and that's a good thing. >> republicans all do agree they want to eliminate or limit obamacare -- >> how much they're willing to

fight is the question. >> when you have the two options, people affected by government shutdown or giving in to obamacare, how do you choose? >> nothing works without brinkmanship. it's not pretty but that's how a policy is made. >> you shut down the government? >> you have to have stops. you have to have some threat out there. otherwise, nobody takes you seriously. >> taking him seriously now. >> they are. >> but for the right reason? >> you're asking me to make a decision on something we haven't seen play out yet. we'll see how they handle it going down the stretch. >> you're absolutely right about that. president is in new york, addressing the general u.n. assembly. do you think he should meet with the president of iran? >> the president should never meet with someone who is not the leader of their country. the president of the united states should not meet with a puppet. it dimmin issues the united

states even further. >> no hope there? >> no way he should be meeting with this fraud as far as i'm concerned. >> very strange but awkward term. i do want to ask you about this career that you have picked up. so, why are you taking on movies? you started a production compancompany echo light studios. too much free time? >> no. it has a huge impact on washington, d.c. and where the country is going. what we've done is form a company that will make inspirational films about hope and optimism, something we need a lot of. first film we're coming out with is a film called "the christmas candle," released theoretically, best-selling author. >> and susan boil. >> beautiful original song, christmas song. how about a christmas movie for

christmastime. novel idea. >> it doesn't happen often these days. >> we're actually the only movie out this season that will have some christmas theme to it. we're excited. we think we have a great cast. >> movie exec, former presidential candidate, former senator, will we have a current presidential candidate in the future? >> we want to provide good, quality, family entertainment and see where it goes from there. i'm excited about our opportunity here. i think we have a great film and really interesting things to come. >> i will be waiting here, along with our viewers to see. senator santorum, great to see you. >> thank you, kate. >> thank you very, very much. and hello to your family. >> thank you. chris? a bitter custody battle between a biological father and adoptive parents. who will care for the cherokee girl known as baby veronica? we'll tell you. talk about bittersweet.

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jt. >> way to start the day. >> welcome back to "new day." it appears to be over, once and for all. the little girl in the middle of a year's long custody battle now back with her adoptive parents. the question now is will the girl's father really end his fight? what will happen going forward?

we'll take you through it. fresh off his big question -- big tour, jt. telling nischelle turner all about it. first, the five things you need to know for your "new day." michaela has that. >> standoff between security forces and insurgents continues. now removing explosive devices that have been set all around that mall. president obama addressing the u.n. about 90 minutes from now. the white house says it has left the door open for a face-to-face meeting with iran's president. a big earthquake has hit southern pakistan. u.s. geological survey said it measures a 7.92 magnitude. we'll be sure to bring that to you when and if it comes. closing arguments begin, in just a few hours time, in the

michael jackson wrongful death trial. lawyers for concert promoter aeg will deliver their closing tomorrow. jurors should get the case thursday. $400 million powerball winner steps forward. the man wants to remain anonymous. we do know one thing. it was his second time ever playing the lottery. we always update those five things to know. bitter custody battle appears to be over for good. little cherokee girl who became known as baby veronica is waking up with her adoptive parents this morning. her biological father got her back, claiming it was to protect the girl's indian heritage. >> he never really had her. getting her back is an unusual way to state it. he never really had her. heartbreaking custody battle four years in the making. biological father, dustin brown,

and adoptive parents, matt and melanie have been fighting over this little girl since she was born. now it may be over. >> why are you standing by and watching our daughter, veronica, being held against her will? >> just a couple of weeks ago, dismayed and heart broken that their adopted daughter, veronica, was still not home. monday night, year's long battle coming to an end, when her biological father, dustin brown, handed her over to her adoptive parents after a state supreme court ruled it could not intervene until the case. the brown family watched from the front window of their oklahoma home as a deputy and marshal led her away. >> very courageous and took this action, while he believed it was in veronica's best interest. >> reporter: veronica is seemingly all smiles during visits by her adoptive parents

in the last few weeks. it's been a complex ordeal for both sides. born a citizen of the cherokee nation was placed in their home at birth. a few months later the biological father changed his mind and sought custody under a federal law that protects native american children from being separated from their families. brown was awarded custody in december of 2011. the two families have been in a nationally publicized legal battle over veronica ever since. for the last two years, veronica was living in the cherokee nation with her biological father. the court's ruling cleared the way for the couple to take veronica back to south carolina where they raised her for the first two years of her life. a spokeswoman says veronica is safely in the arms of her parents and has been reunited with her family. our prayers are with everyone.

there's no happy ending in this travesty, only closure. >> the indian child welfare act did not apply in this case. brown was directed to give her back to her adoptive parents but refused. >> i'm going to fight until they say you can't fight no more. >> reporter: you now has no visitation rights. for the copabiancos, it is a bittersweet ending to a four-year ordeal. >> whether or not the biological father will get to spend any time with baby veronica. there's a gag order in this case. the attorney general of the cherokee nation says this fight is not over. we have to wait and see. >> thank you. >> we counter with the good stuff. i scream, you scream, we all

scream for joey prusak. why? recently serving a blind man -- listen to this. he gets his ice cream, leaves the counter, accidentally drops a $20 bill on the ground. customer behind him in line immediately sees it, picks it up, gives it back to him. right? wrong. she pockets it. you might expect that from a guy. but a woman? joey goes into action. >> he just kept walking. that's when the lady picked it up. i was like, she's going to give it back. she picked it up so quickly. i'm like, ma'am, i'm not going to serve someone as disrespectful as you can. you can return the $20 bill and i'll serve you or you can leave. and she goes, it's my $20 bill. and i go, then you can leave. >> we don't know what was going through that lady's mind if it unfolded the way joey says it does. we do know what's going through his. the guy is out the $20. talk about bad karma for her. what about for the blind man? joey says okay, i'm going to be the hero. approaches the blind man who was

still in the dairy queen, eating his ice cream and did something extraordinary. >> i told him, you dropped $20. i would like to give you $20 on behalf of myself and dairy queen. >> the money didn't come from dairy queen, though. it didn't come from the register. it came out of joey's pocket. for the record, that would be two hours pay for him. another customer saw joey's gesture, wrote in to dairy queen. the story has gone viral. joey is getting praise, duly so. one from, wait for it, warren buffett, who owns dairy queen, called him an example to everyone, even getting job offers. >> he is 19. i wanted to make sure i get that right. >> $20 to him is two hours pay. and to just easily give it away. >> what a great kid. >> stellar! >> good kid. >> that's why it's the good stuff. these stories come from you.

we want more of them. brand new cnn ireport campaign to catch all of your good stuff. go out there and get it. logon to cnn ireport.com/good stuff. coming up next on "new day" justin timberlake has a new album streaming on y ining righ. nischelle turner has a one on one with the superstar. we got the ball rolling. in cities across the country, coca-cola joined with communities and local leaders to roll out a summer filled with activity. from atlanta to l.a., people all over found that getting moving can be fun.

in fact, it can be a day at the beach! all in all, we inspired three million people to rediscover the joy of being active. now, let's keep it going all year long and make a difference... together.

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welcome back to "new day."

when it comes to justin timberlake, singer/actor/dancer. the list goes on and on. now a new thriller in theaters called "runner, runner." nischelle turner got a chance to go one on one with him. she's in los angeles with more. good morning, nischelle. >> good morning again. this was a huge week, kate, for justin. it's been a huge year for him. performed at i heart radio this week, part two of the 2020 experience premieres. but somehow he also found a little bit of time to sit down and chat with me. >> all things are possible. >> justin timberlake's new thriller "runner, runner" is the cautionary tale about the desire for wealth and what we'll do to keep it once we get it. >> it could be the stock market. it could be real estate. it could be online -- it could be dating, you know. you're gambling.

>> are you a gambler at all? are you a risk taker at all? >> probably more methodical, little more thought out. i like to rehearse. i like to know where every spot on the stage is going to be. so i would say i'm a well calculated risk taker. >> i love that. >> you know what i mean? >> yeah. >> i caught up with him the morning after the movie premiere where the normally private superstar opened up about fame, family and finding his focus. just this drive, this determination, where does that come from? >> i don't know. i guess i got it from my mama. no, i don't know. i don't know. i just think -- i don't know. i've always been that way. always been kind of a -- i don't know. i grew up an only child and i'm always kind of like -- you know, when you grow up that way, it's like you get all the perks, but you also get all the responsibility. like there's no one else to

blame the vase getting broken on. >> i feel like maybe that's where creativity comes from. i had to do a lot of stuff on my own. >> sure. i had imaginary friends. i was weird. >> i did, too. >> i could tell. you look like you had imaginary friends. >> a jokester, yes. whether it's giving me grief -- >> this is going to get awkward. >> it's going to get weird. >> or creating the latest installment of "tuesdays with timberlake" on his friend, jimmy fa fallon's show. you see he's a natural performer, most comfortable when he steps on the stage. it started early, as seen here in this rare video of one of timberlake's very first performances. >> good evening, everybody. my name is justin timberlake and i'm going to sing "please don't go girl." >> i grew up in a small town and i definitely felt like i was an

individual always. ♪ please don't go girl >> but the way that you're brought up in a small, smallville, midsouth u.s.a., you're taught more about how you're similar to your neighbor. >> reporter: even though he was raised in a small town, he had big dreams of stardom from an early age. ♪ it's down at the end of lonely street at heartbreak hotel ♪ >> at some point a lot of kids like him, growing up in memphis, want to mirror elvis, but not everyone is able to break out of what justin cease as somewhat of a small town mentality. >> there's a lot of pride but there's also -- and don't, you know, take this the wrong way, memphis, but, you know, there's also -- there's also a little bit of a defeatous attitude like

you don't feel like you're big enough for the big lights, per se. >> that's changing there now, too. >> absolutely. well, the world is becoming -- the world is becoming more connected now. >> reporter: and he connected to the entertainment world through the mickey mouse club, then 'n sy sync. now a solo career. >> if there's anything i learned in my experience, it's to try to like stop and enjoy those moments, because, you know, they're over before you know it. they really are. so, i think that's another thing that i have always tried to do, is share all of this with my family and my friends. >> like the highly anticipated 'n sync reunion at the mtv awards, which for justin was about paying hommage to the era

that took him from teen idol to. >> it was more for us to enjoy that moment because i felt like really in my heart i shared that award with those guys. >> according to justin timberlake, the best is yet to come. and for justin timberlake, the 2020 experience part two is to be released next week. part one, in some ways, was a love letter. his lovely wife, jessica biel, was at the interview when we did it. she came into the room after we were done. there's ease between the two of them. it was funny to get to see the smile that comes on his face when he sees him. did justin timberlake tell me i looked like i had imaginary friends? >> no. maybe.

not sure. >> you weren't listening. that's what it is, kate. good-bye. >> i was listening. i with his a little distracted with the look back of jt and chris and i were discussing his dance moves and if we could pull them off, but that's for later. >> there you go. >> good excuse you came up with. >> that's my job. from one singer who is doing big things to another singer who is doing the right thing. "american idol" winner scottie mccreary helping intercity kids develop their skills and their minds. check it out. >> i could have never imagined or prepared for what was going to happen to me. at 17, i was planning on being your average high school student. all of a sudden, "idol" happened. nowadays i love the fact that kids get to look up to me. i love that responsibility and embrace it. the only stories we hear in the news are of child stars going crazy. i want to be the opposite of that.

you know, right out of the gate, we've had opportunities to do different things with charities. baseball and music, my two loves in life. so it seemed like a natural fit for me. when i was growing up, one of my biggest life lessons i learn friday playing ball, perseverance, competition or just hard work, you know, team work. it was my best memories made there. so just making sure these kids get the same opportunities. i can relate to these kids. not just handing the money but talking about what they're doing, the experiences they share and share my experience with them. it's cool to have a connection with these kids. i'm scotty mccreery and together we can make an impact on america's children. if there was a pill

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can even feel it, the presence of john berman, with his "new day" award of the day. >> i want to introduce you to the most talked about freshman now playing football for michigan. he may be very good at football. i have no idea. that's not what people are talking about. no, it's his name. his name is jake butt. guess what position he plays gl tight end. >> exactly. he's a tight end. >> i don't even follow football. >> awesome coincidence or destiny really? no doubt something mr. butt had to deal with, something like a modern day equivalent of a boy named sue. had to deal with it his whole life. he took to twitter to address the issue head on.

he writes, yes, i'm a tight end. yes, my last name is butt. ha, ha, ha, ha, ha. jbooty-88. that makes him a heisman candidate in my book. >> i agree. >> the anthony weiner award, with incredibly appropriate names. jake butt is the tight end and anthony weiner takes pictures of his -- and jake butt is a tight end. >> john if j. booty wants the award. >> how do you end the show on this note? >> i don't know but we went there. >> j. booty. they love j. booty. >> thoughts? >> defend himself when he's 6'4", 250 pounds. says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪

[ dad ] jan? ♪ a writer and a performer. ther, i'm also a survivor of ovarian and uterine cancers. i even wrote a play about that. my symptoms were a pain in my abdomen and periods that were heavier and longer than usual for me. if you have symptoms that last two weeks or longer, be brave, go to the doctor. ovarian and uterine cancers are gynecologic cancers. symptoms are not the same for everyone. i got sick... and then i got better.

make my mark i wawith pride.ork. create moments of value. build character through quality. and earn the right to be called a classic. the lands' end no iron dress shirt. starting at 49 dollars.

that does it for us, unfortunately. carol costello and "newsroom" has it. take it away, carol. >> you guys have a great day. "newsroom" starts right now. happening now in the "newsroom," get ready. it's u.n. time. president obama shares the limelight with the iranian president. should they sit down together and talk news? also -- >> this week's rampage in kenya has many americans wondering how