51% of you say yes. and 40% of you say no. the debate continues online. from the left, i'm stephanie cutter. from the right, i'm newt gingrich. join us tomorrow for another edition of crossfire. erin burnett out front starts right now. out front next, a student opens fire at school. >> they have one in the cafeteria, one in the hall. >> we're live at the scene. plus a woman nearly faints, standing behind the president today. >> you're okay. this happens when i talk too long. and this man says he's disabled. and he's suing for big money. this video has put him between a rock and a hard place. let's go out front.

good evening, earveryone. you are looking at a press conference in nevada. we're going to listen in to this press conference. >> the coroner's office has not confirmed the identities of the deceased at this time. we hope later on today perhaps. the two male student victims were transported to local hospitals. they were both 12 years old. one was shot through the shoulder. the other shot in the abdomen. both sustained non-life threatening injuries and are currently in stable condition. at this time, i'm going to call in chief mike mears with the school district police.

>> want to talk to you. when the initial call came out, the law enforcement officers were on scene in less than three minutes from the initial 911 call to the agencies arriving. we had agencies from reno police department, sparks police department. nevada highway patrol, i brief even a marshal's unit responded. so when the first 911 call came in, the response was less than three minutes. another part that's crucial about this is the outstanding job that the staff did at sparks middle school. there's been some reports out there initially that there was some chaos going on. i've got to tell you this, though, the staff at sparks middle school before law enforcement arrived had the students -- this was before the bell rang at 7:30 in the morning. the staff members got the students into any classroom and put that school into a lockdown,

almost instantaneously. outstanding job by the staff by doing that. so i'd like to commend them. the school will be closed for the remainder of this week. sparks middle school will be closed. the adjacent middle school will be closed as well. the superintendent martinez will be up here shortly after me to discuss about the counseling sessions that will be set place for the students and the staff and parents of the sparks middle school. so with that, i bring out superintendent pedro martinez. >> all right. obviously that's the press conference going on in sparks, nevada. one of the students had been in critical condition, now as you heard, upgraded to stable condition. this happened at a middle school. and you heard that those victims were 12 years old. we don't yet know their names. but we are able to tell you about one other person who was killed, a teacher, mike lansbury was killed when that boy opened

fire. you're looking at mike there. he was said to have served a couple tours in afghanistan as you can see from that picture. a horrific tragedy, another school shooting in this country. let me just play for you how this happened when the first call went in to dispatch at 911. >> active shooter, sparks middle school. 2 2275 18th street. suspect is described as wearing khaki pants. they have one victim in the cafeteria. one in the hall. >> students are in a huddle. we're looking for the shooter now. >> red shirt, khaki pants. two to four victims at this time. >> it's looking like our shooter's probably down. let's operate on that premise for now. >> and here's what i can el it you about the shooter. the latest understanding that we have is that the shooter was a student, believed 14 years old,

used a handgun that he had taken from his parents after he shot the teacher and two other students. those boys were 12 years old. he used the handgun to turn on himself and killed himself. as we get more information on the story we'll update you on it. i want to get to the other top story, the president defending the health care law. >> there's no sugarcoating it. the website has been too slow. people have been getting stuck during the application process. and i think it's fair to say that nobody's more frustrated by that than i am. precise lay because the product is good. i want the cash registers to work. i want the checkout lines to be smooth -- so i want people to be able to get this great product. >> that was the sell there, although at one time during the

press conference he said that it had stank. what went wrong? >> way more glitches than i think are acceptable. >> glitches? >> the website launch was rockier than we would have liked. >> reporter: rockier? >> we're working out the kinks. >> reporter: by now it's recognized that stronger words are needed to describe obama care. the white house struggled to answer questions about what many have said was inadequate testing prior to the launch of the website. >> do you know when the website was beta tested? >> i just don't want to pretend to be an expert. what i can say is that the system has not worked as effectively and efficiently, obviously, as we wanted it to. >> reporter: the secretary of health and human services, kathleen sebelius said it needed five years of construction. in reality she said we had two

years and almost no testing. this woman is a contractor hired to help set up the health care exchanges. >> it's not such a surprise inchish will inch i inchi inchishly. >> reporter: the largest contractor is cgi group. in a statement, cgi said it and other contractors are working round the clock toward the improvement of health care.gov, a system that is complex ambitious and unprecedented. but that's not enough for some critics. >> send air force out to silicon valley, load it up with some smart people, bring it back to washington and fix this problem. >> reporter: there is one smart person from silicon valley who

hosts one in five websites. it sounds like they went for the fast and cheaper. the launch date was probably picked dlit c picked politically and the software and everything else was backed into that. >> reporter: congress is having hearings and secretary sebelius is expected to testify next week. >> and obviously that testimony's such a crucial thing. i want to bring in john avalon. i want to ask you about the people signing up, but before i do that i want to ask you about the news late today that kathleen sebelius is going to testify next week. she was asked to testify today but she had something else. does that send the wrong signal?

>> it's not more than testifying in crass on the president's signature legislation. i'm glad she's finallitiving in front of congress. >> i like you say screwed up. he said stank. let me ask you about it. the administration needed 7 million people to sign up for obama care and 2.7 million of them needed to be young and healthy in order for the whole system to work financially. but the people spending all this time to sign up right now, who are doing all these waits and waits, i am going to bet that they are not the young, healthy people, that they are probably people with pre-existing conditions and they're waiting. young people are saying paying the penalty is cheaper than playing for a plan with 5, $6,000 deductibles. if young people don't sign up

quickly, isn't the government going to be forced to delay it? >> the way these exchanges work is if enough young people sign up to lower the overall burden, because what everyone likes is pre-existing conditions being covered, but that only happens if you have a broad enough mash kit place. if the hassle factor is too high, the young and healthy won't sign up. then you have a fundamental problem with the march kit. now whether the administration will conceive that and be forced to delay, that's several chess moves out. >> it's going to be fascinating to see what happens. the very people today who the president said you can go in in person or go and call. still to come, the nsa spying on the french in a major way. and the french are raising a big

brouhaha about it. plus the running of the bulls taking this country by storm. and stuck between a rock and a hard place. does this guy look disabled to you? he says he is. he's suing. ido more with less with buless energy. hp is helping ups do just that. soon, the world's most intelligent servers, designed by hp, will give ups over twice the performance, using forty percent less energy. multiply that across over a thousand locations, and they'll provide the same benefit to the environment as over 60,000 trees. that's a trend we can all get behind. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company.

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the nsa intercepted more than 70 million phone calls in france. out front tonight, bob bayer. and first of all, you've been in this situation, cia agent. this goes both ways, doesn't it? >> oh, absolutely. i was assigned to paris in the '80s. apartment french at the time were breaking into american business men's hotel rooms, copying their briefcases, the rest of it.ir computers and we confronted the french on it. we kept it quiet. it does go both way, absolutely. >> a ceo was saying they get training particularly about paris. because they think this still happe happens. sources in the french government recently told my that when germany was upset about america collecting german calls, the

german uproar was manufactured but the outrage was for pr this was terrible this would happen. are the french doing the same thing as sort of ooh la, la? >> absolutely. they turned a blind eye. but erin, remember, that 9/11 was a plot hatched in europe, in germany, in particular but in france. that the 20th hijacker was french. and what did the french tell us? nothing. you have to look at the national security agency's point of view, and we have a reason to listen to phone calls. >> do you think that applies to hotel rooms? >> i know american business men do it all the time. but if you're going to paris and a lot of countries in europe, in

particular china, you're going to have your stuff searched and copied. >> that is a word to the wise. thank you bob baer. he's actually been in those hotel rooms. thousands turned out for the great bull run in conyers, georgia, the second event of its kind in the united states. you'd think it was spain, but no. two people were injured in the first event in late august, but with more runs planned, this is proving to be a major draw for adrenaline junkies across the country. >> reporter: it's billed at the ultimate experience for those looking for a thrill. >> you have the instant few moments of just sheer terror. >> reporter: this is the running of the bulls, not in spain, but at a horse park just outside of atlanta. it's the second bull run in the u.s. this year, organized by a group called the great bull run. at least seven more are planned

through 2014, and they're sparking controversy. around 7,000 people signed a waiver and paid a fee up to $75 to come face-to-face with the possibility of injury or worse. >> i could be at home laying in the bed angry and bitter, i had a brush with death this morning, that's fun. >> reporter: these bulls aren't like the ones in spain. these are rodeo bulls. their horns are also not sharpened. but that doesn't mean you can't get hurt. there's inherent darng. >> of course. of course. this is a dangerous event. >> reporter: the event co-founder says one person was seriously hurt at this event, a broken pelvis, but the bulls have not been harmed. >> these bulls are like athletes in their own rights. we do not want to injury them in any way whatsoever. >> reporter: so you're not prodding them, you're not

angering them so that they chase humans. >> they run because their stampede instinct kicks in. >> reporter: but several people want them canceled. >> the only people who really benefit from this event are thrill seekers and the company sponsors who earn thousands of dollars off of profiteering from animal cruelty. >> reporter: he says the animals are divided into two groups to make sure think get breaks between runs. when they're not running, they rest at his ranch. >> i make my living with animals, so i'm not going to abuse them. why would i. >> reporter: he was asked to incries the number of runners in each run to add to the thrills. he hopes this will be the beginning of a new american tradition. for out front, conyers, georgia.

still to come, a mystery captivating the world. a gypsy couple found with a girl who is not their daughter. blonde, green eyes, who is she? plus a dramatic near miss in the sky. 747s almost hit in the air. 1,000 people almost lose their lives. and a man in trouble for pushing over this boulder. we have the story. idaho potato truck is still missing. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

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our fourth story out front, lawsuits gone wild, a man suing for disability and pushing a boulder at the same time. this man knocking a rock from its place in utah. cnn has learned that he file add personal injury lawsuit last month over a car crash saying he suffer, quote, disability from the accident. >> wiggle it. just a little bit. >> reporter: the wiggle and the topple. echoing across the worldwide web, the man doing the pushing? is glen taylor. >> it's just high lly offended see someone act that way. >> reporter: not just because sob toppled a goblin, but

because he is suing alan mcdonald and his dart for a car accident four years ago. according to the lawsuit, taylor claims after the accident he has serious permanent and debilitating injuries and has endured great pain and suffering, impairment, loss of joys of life. this is taylor last week. >> somebody with a bad back who's disabled, who can'ten joy life, to me, doesn't step up and push a rock that big right off its base. >> reporter: taylor's raur did not return cnn's calls for comment. taylor did say this to a cnn affiliate about the lawsuit. >> you don't look very debilitated in that video. >> you didn't see how hard i pushed. >> reporter: why would he post his own video pushing over a rock formation? people do the darnedest things

with cell phones. >> you would think they would avoid the camera like the plague. but instead, they don't think anyone will ever see it or any repercussions will come of it. >> reporter: or hear their excuses. >> some little kid was about ready to walk down here and die. grin saved his life by getting the boulder out of the way. >> obviously kind of bizarre to just watch that. but what is the status of the criminal investigation and the fact that this guy was a boy scout leader on top of everything else, right? supposed to be a paragon, a guy you look up to. >> reporter: someone you look up to, well, he is going to be a target of a criminal investigation. there is one in place. the district attorney has been contacted bit state park. there is a potential for felony charges. as far as this whole boy scout leader thing, the boy scouts are announcing they're being booted. both him and his friend. we were shocked and saddened by

this irresponsible display of behavior and apparent disregard for our natural surroundings. the isolated action of these volunteers are counter to our beliefs and what we teach. the boy scouts saying, you know, we have a leave no trace policy behind obviously violated here. >> thank you so much. so outrageous to see people milking the system. still to come, everything you have been told about the republican party post shutdown may be wrong. a teenager who said she was raped. we're going to talk about inconsistencies in her story. and what charges see low green faces. [ male announcer ] at humana, understanding what makes you different

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welcome back to the second half of out front, a special prosecutor has been appointed to reinvestigate allegations that a 17 year old high school football player raped a 14 year old girl after getting her drunk. the program caused him to reopen the case. charges were originally dropped because of political pressure.

the prosecutor says it was what lack of evidence. i spoke to daisy and asked about the fact that his testimony was inconsistent. >> my story did stay very consistent throughout this entire ordeal. and when it's over something so small, like whether or not i rang a doorbell and you're literally drilling me over it for 30 minutes, it's really aggravating. >> if you had a chance to talk to matt barnett, what would you say? >> i would actually like to know what happened that night. >> about 2,000 people are expected to march in protest tomorrow. well authorities in florida are looking into whether two murderers paid someone outside jail to produce bogus court documents that enabled them to escape. the florida department of law

enforcement tell cnn that court papers like these are a cottage industry. this is footage captured by another guest at the motel showing u.s. marshals storming the rooms with the guns drawn. and singer cee lo green is facing the music in court over a drug charge, he's accused of slipping ecstasy to a 33 year old woman while think weey wereg at a restaurant. she accused him of slipping something in here drink. he says any relations were consense uchlt he forces up to four years in prison. one unscripted moment during the president's speech this morning. there was a woman standing behind the president. i like watching the people standing behind him. but this time something happened. she almost fainted.

>> i got you. you're okay. this happens when i talk too long. >> you'll be okay. [ applause ] >> good catch by the way. >> the woman, her name was carmel allison. and she spoke after that happened to cnn. >> i'm 20 weeks pregnant at this point. and i hadn't had much to drink that morning. i wassi worried about possibly having to go to the bathroom. and i got light-headed. >> she is a type one diabetic and was at the speech representing the american

diabetes association. this is a terrifying thing when you're in the air. you think everything is fine. well, this almost happened. a horrific midair crash. a new report die tails how two 747 jumbo jets came close to crashing while over scotland. they had taken off from the u.k. heading across the atlantic. 1,000 passengers were aboard those two planes. >> reporter: two jumbo jets came close to a catastrophic collision over scotland with up to 1,000 passengers on board. somehow the pilots got so confused, they nearly steered their planes right into each other. >> this is very hard to explain because it appears that two airplanes with two pilots, everybody got it wrong initially. >> reporter: both 747s were

about to cross the atlantic. one was at a cruising altitude which put them on a path to converge. the air traffic controller told them to turn right. the pilots misinterpreted the orders and turned toward each other. the 747s got within three miles when the emergency order is given for one to go up, the other down. so were the pilots told one thing and all four of them heard the complete opposite? is that possible? >> the conclusion of the british investigators was that each pilot did what the other pilot was instructed to do. >> reporter: even though they were miles away, at one point, one plane was just 100 feet above the other. >> the report said in this airspace they're supposed to be 1,000 feet vertical and 5 nautical miles horizontal. so they were clearly not separated by that much. >> reporter: the instructions

those pilots got were clear. and the pilots confirmed they heard the instructions. also, their call csigns were so different, it's hard to see how they could have gotten those call signs mixed up. as scary as all that was, one thing that may make american fliers rest a little easier is that no u.s. airlines have had that sort of collision since 1978. erin? >> thank you very much chris lawrence. our sixth story up front is the gop dead? the damage undeniable. the tea party and gop crackup. and republicans devastating defeat. and as you can see, the wall street journal on that list. this is coming from the center and the right and everywhere. but is it really time to write an obituary?

great to have you with us. ben, editorial headlines are consistent and i wanted to make that point obviously coming from the wall street journal. i didn't put the "new york times"? thay in there. why are hall those headlines wrong? >> there's always this narrative any time there's a debate with the gop that it's the end of the world. and it's not yet, again, the end of the world. we saw this when mitt romney was pulling ahead of rick santorum and oh, my gosh the divide is massive. in this situation you do have a changing of the guard going on. >> i said this the other day, took a lot of heat for it. but i think the days of mitch mcconnell and john mccain are being numbered now. for five years they've been consistently good at losing to barack obama. three have nothing that they can say they've done independently to actually grow the gop. and my point about this is this.

when the republicans took back -- >> they got the sequester. >> they got the sequester. but part of the reason why they got it was conservative and tea party members took back the house. john mccain was not picking candidates, he was not taking back the house after they lost it. they lost it partly because of the establishment's leadership. the conservative tea party people got out there. they put on their boots. they worked hard, they got back the house. when they say the tea party's ruining us, remember, john mccain is the one who picked sarah palin. he's the one that created the monster that he now hates. >> na is that is an interesting. one thing matters to the gop more than anything, that is winning next year. all the talk was republicans are going to keep the house and they might win the senate. now they're saying they might get sweeped.

poll today here 54% of the people polled say the gop controlling the house is bad for the united states. that is down 11 points. that is a huge move. i ask you this question. do we need more mitch mcconnells? or is the tea party going to cost republicans the house? >> iont's beol of the house of representatives. all be it by a narrower margin. i think for establishment republicans, there's a difference between being right and winning. and in this, in this day and age, we have a group of people in our party that are dead set on being right, but if they think it's tough now running against barack obama or trying to compete with his policies, try doing it with a third of the electorate. we might find ourselves out of power if we can't find a way to unite. and let's look at the last couple of years. over the last two years, there has been a tremendous reduction sh in federal spending.

debt is still skyrocketing. but because of the gop we've been able to stand up to barack obama's policies to something less than the huge increases he wanted to make. a unified party is better. when i was running campaigns, i knew the math. it was 50% plus 1. and you can't win an election with less than a majority of the vote. and i think that is what is causing some republicans some concern. >> ted cruz was asked about their by our dana bash this weekend. who's to blame if the gop loses the house? now he pointed the fenger at somebody, but let me play for you at whom. >> the single most damaging thing that has happened to republicans for 2014 is all of the senate republicans coming out, attacking the house republicans, attacking those pushing the effort to defund obama care and lining themselves up opposite the american people. >> how is that helpful, ben? i understand you've got fights in your family, right? but isn't it better to have

those fights when the door is closed, not out on the street? >> well, i think if you look at the fights, ted cruz was standing up to obama care and the republicans were the ones that were attacking him more than even the democrats were. and so for him to fight back, i would say that's probably going to happen. i mean, this is politics. and this is how it works, but, you know, you look at what ted cruz and other conservatives have done. they have given john boehner the ability to even stand up to barack obama. remember, obama care became law because the republicans did not have control of the house. and without the tea party they still wouldn't have control of the house. so i wouldn't hate on these guys too much because they actually came in and saved your rear end. >> well, thanks very much to both of you. we appreciate it. america's biggest bank has settled with the feds. they agreed to pay $13 billion in fines and penalties. this is all related to mortgage-backed securities and bad mortgages. it's a hell of a lot of money,

but j.p. morgan can afford it which brings us to 26 billion. that's how much they maid lade year. just because they can afford it doesn't make it right. going after companies of course should be based on wrongdoing, not on who has the money. and the truth in the case of j.p. morgan's $13 million fine is many of the problem mortgages that they're paying for now stem from two acquisitions the bank made during the depth of the financial crisis. they bought bear stearns and washington mutual. these were hasty deals made by uncle sam. if you don't buy these, you're going to jeopardize the financial system. j.p. morgan didn't have the luxury of time to do due diligence. they didn't have the luxury of saying no we don't want to buy their company. they got the banks cheap.

they had to take on those banks bad loans and now they're paying for it. so yes, they have stumbled well on their own. but there is irony in the federal government fining the bank that they asked to help uncle sam. a greek couple living with a girl who's not their parent. and she's a blonde, green eyed -- well, who is she? there is a place in the united states where the feds say rape occurs, and it's rampant, and they don't seem to do anything about it. ♪

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i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, where experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. we are back with tonight's outer circle. in greece, a gypsy couple stand accused. i asked what we know about where the girl came from? >> reporter: erin, the couple's lawyer says this is the case of

an illegal adoption not illegal abducts. maria was given to them by aab e bulgarian couple. she was a much loved member of the family. now authorities do not seem to be buying this version of events. police say the couple changed their story many times and questions are swirling around the identities of the other 13 children. the ages of six of them are within ten months. the couple remains in police custody. erin. >> thank you very much. our seventh story out front. rampant rape on native american reservations, one in three native american women is raped in her life. in fact, federal prosecutors declood declined to prosecute 67% of sexual abuse cases on reservations. ted rollins has this out front

investigation. >> my innocent was stole three in out my childhood. >> reporter: she is reading a poem she wrote about being raped as a child on the spirit lake indian reservation in north dakota. >> me, i either gave it up or it was taken from me. being raped. >> reporter:? how old were you? >> the first time i was 3. after that i was raped when i was 10 and beaten. >> reporter: child rape and sexual assault is an epidemic at spirit lake. in this house in may 2011, 9-year-old destiny shaw dubois and her 6-year-old brother were viciously raped and murdered while there was a conviction. in that case most victims here never see justice. >> what bothers me is what is okay. >> reporter: betty joe was fired as a foster care manager at spirit lake she says for

speaking out. in the year and a half she wins the system, she says the stories she heard from children were horrifying. >> the young lady, she was 6 years old, she looked across the table at me and just as matter as factually as you talk about the weather, she informed me that her grandpa put his thing in her mouth and it tasted salty. >> reporter: there is also an issue with the way that the law enforcement is structured on the reservation. the federal government is responsible for investigating and prosecuting major crimes like rape. but the federal government by all accounts only prosecute is a tiny fraction of reported cases. thomas sullivan is a regional administrator with the department of health and human services. he filed 12 separate scathing reports about abuse at spirit lake, citing dozens of examples of inaction including a case of

a 13-year-old girl raped in her home by a 37-year-old man. the girl contracted gonorrhea, but because the sex was supposedly consensual, no charges were filed. in his report, sullivan blames tribal leaders and federal agencies including the bureau of indian affairs, fbi and debt of justice for not doing enough to prosecute abusers. we asked to interview sullivan, but were told no by his bosses at hhs. >> we want to chat with you for a little bit. >> maybe later, sometime. >> reporter: we tried talking to joel red fox, a tribal leader convicted of misdemeanor sexual assault himself in 2006, after he told us to wait an hour. >> no comment. >> reporter: he changed his mind and walked away. you said you were going to talk to us in an hour now, you changed? russ mcdonald has been the

tribal chairman for eight weeks and acknowledges there is a major child abuse problem at spirit lake and other indian r z reservations. >> it is unbelievable. >> spirit lake member, blames tribal corruption and a weak federal government. >> i'm saying we need help immediately. that's my message to the federal government. please come, you do have absolute plenary power when it comes to heinous crimes. >> my spirit is strong and cannot be broken. >> reporter: three years ago robin found out her 12-year-old daughter was sexually abused by a family member, continuing a cycle that sadly many here are forced to endure. >> a spokeswoman for the department of the interior, quote, all the allegations raised by sullivan about crimes against children at spirit lakes have been turned over to the federal bureau of investigation

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robert tuchman is punting the foster stock. >> it is difficult to monetize, athletes post playing days. difficult to monetize them while they're playing. fantex offering 1 million shares of the foster convertible tracking stock in essentially an ipo and is looking for more talented athletes like foster. >> how you play, the performance of your play gives you a platform in which to have a voice in the marketplace which impacts your brand. >> investors should tread carefully. listing 84 risks. athletes getting injured and unforeseen issues. if fantex doesn't raise enough money, it is scrapping the deal. still the company is bullish about bringing sports investing to the average joe. once the exclusive domain of big money. >> we really embrace the concept of him being a trail blazer.

it fits his brand. and how we see him. we think there is -- a desire for that out in the marketplace. >> for "outfront" new york. >> if you were watching the games yesterday, you saw fostering ara vafoster ing a aggravated his hamstring. let's send it off to anderson. >> good evening. breaking news. talk to the man who lost his brother in the school shooting outside reno, nevada. two students in the hospital. a teacher is dead. so is the shooter, student at the school. a day in gunshots, chaos, carnage, is slowly yielding answers how it happened and there can be answers what led to the tragedy. what's latest that we know about how it all began? stephanie, it is anderson. you are o