have a free copy of my book, "shooting straight" seems appropriate for you. >> that's it for us tonight. trying make him put it down but he took the shot right then and there. >> he probably tried to knock the kid down. he had to protect whoever he could, so that sounds like mike. >> a math teacher murdered and two students shot when a 13-year-old pulled out a gun inside his school. >> there is no sugar coating. the website has been too slow. getting stuck during the application process. and i think it's fair to say that nobody is more frustrated about that than i am.

>> president obama owning up to problems and plaguing the obama care rollout, the health exchanges, but can the white house figure out a fix for this website? a scare in the air. two jumbo jets coming awfully close to colliding in the sky. why these planes got within 100 feet of one another. >> much too close. >> way too close. good morning, everyone! i'm john berman. >> i'm michaela pereira in for zoraida sambolin. >> welcome to the wondrous world of 4:00 a.m. >> a long time since i've seen you. we are learning more about the few moments of terror inside a nevada classroom killing a teacher before the student took his own life. was there a history of bullying?

classes at the middle school has been canceled as the community grieves. >> reporter: trying to make sense of a senseless killing. the small community of sparksburg, nevada, came together. >> they have one victory in the cafeteria, one in the hall. >> reporter: students were waiting for the more than bell to ring and then shots fired. >> people started running and screaming so i started running and we heard another gunshot. >> the kit started getting mad and he pulled out a gun and shoots my friend. >> reporter: the shooter, a 13-year-old student, allegedly using his parents' gun, wounded two fellow students. a teacher rushed to their aid. >> he walked up to a teacher and says, "back up." the teacher started backing up. he pulled the trigger. >> the teacher was trying to make him put it down but he took the shot right then and there.

>> reporter: a shot that killed 45-year-old michael landsberry, a popular eighth grate teacher. a former marine who served several tours in afghanistan and is now being called a hero. >> he was a very well-liked teacher by the students and other teachers. it's very unfortunate that someone like that that protected our country over there and came back alive, his life had to be taken. >> he loved teaching at sparks middle school. he loved the kids. he loved coaching them. he loved teaching them. he was just a good all-around individual. >> reporter: students are pouring out their grief on social media. >> having him for the math was best. it's too hard to even believe. no teacher will take his place. nothing is going to be the same any more. you are a hero and you will always be missed at sparks middle school. >> reporter: as for the student suspect, police say he took his own life with that gun. >> i knew the person with the gun. he was really a nice kid. he would make you smile when you're having a bad day.

i saw him getting bullied a couple times and i think he took out his bullying on him. >> reporter: it's still unclear what drove that child to resort to violence and blrnt he was targeting the students or the beloved math teacher who survived war, only to die what should have been the safe haven of an american middle school. stephanie elam, sparks, nevada. to the president now. his apology of sorts for the problem consumers have been having signing up for health insurance under obama care. the president has admitted things have not gone as well as he originally hoped. here is brianna keilar. >> reporter: an embarrassing moment for president obama forced to defend his signature health care reform program. >> you've probably heard that

healthcare.gov hasn't worked as smoothly as it was supposed to work. the product is good. the health insurance that is being provided is good. it's high quality. and it's affordable. >> reporter: he instructed americans to call in. >> i want to repeat that. 1-800-318-2596. >> reporter: but it's a slow process as cnn senior medical reporter found out. >> you apply for me and i wait a week or two and i call you back once i have my eligibility and then we would go over the plans. >> reporter: not exactly what the president had in mind five days before the obama care website launched when he said you could buy insurance. >> shop for a tv on amazon the same way. >> reporter: in states that launch their own web sites, users have had better luck. >> i'm not honored to introduce the president of the united states. >> reporter: janice baker, the first person to sign up in delaware was facing the possibility of going without

insurance due to relatively minor preexisting conditions. >> osteoporosis, cholesterol things like that. >> reporter: you were denied how many times? >> three. >> reporter: on the day it law firmed many americans are still unable to enroll in obama care. come mid february, they could face a penalty if they don't have insurance unless that deadline is delayed. there is flexibility there in the law if folks -- >> i would simply refer you to a.j. for more details but we are working on it, they are working on aligning those policies, the enrollment period and time frame period. >> reporter: jay carney leaving the door open there. we have gotten word what kathleen sebelius is expected to testify before the republican-led energy and commerce committee. that is expected to happen next week. brianna keilar, cnn, the white house. >> the one jay carney left could be interesting if they change some of the dates on the policy here. supreme court says it will review state guidelines and set

minimum i.q. thresholds for skugs. in 2002, the court found it unconstitutional to execute those with intellectable disabilities. the case stems from florida. the court is expected to decide whether florida's law is constitutional and a decision is expected in july. back in court today, al libi is an accused terrorist with al qaeda and picked up in that daring raid in libya. he has pleaded not guilty. in the meantime the top war crimes prosecutor at guantanamo bay says he agrees with the government that a federal court trial rather than military tribunal hearing is the right way to go in this case. a not guilty plea from a california man accused of trying to join al qaeda. prosecutors say 24-year-old sin vin yo win confessed that he planned to be a trainer for

terrorist forces looking to fight in syria. he apparently had already been there fighting as a rebel against the assad regime. the judge in the case expressed some conceptism saying it did not appear the suspect had any special skills that would actually help the terror network. u.s. sent ten armored vehicles to destroy syria's chemical weapons. the nonproliferation and disarmament fund paid over $1 million for those vehicles. the u.s. has provided nearly $6 million in financial assistance to eliminate syria's stockpile of chemical arms. no one immediately claimed responsibility for this attack but it is the first outside the north caucuses region since chechen rebel leader called for

new attacks and ordered militants for that on the games. chad myers is here with the forecast. >> a good cool morning for a lot of people. 33 degrees around detroit right now. i guess good evening, hawaii. hois we will gotherwise, airpor today.otherwise, airport delays. cool weather across the upper midwest. 40s for highs. morning lows way below freezing. if you still have tomatoes, you're lucky because otherwise everybody else's is already dead. still warm relatively warm up the east coast for another day, maybe day and a half before it finally does cool down again. here's a look at the clouds and delays again. chicago, miami, d.c. merits and

san francisco other than that we are in pretty good shape today. guys, back to you. >> we are in great shape tier here at nine minutes after the hour. >> that's right. coming up. >> this is very hard to explain because it appears that two airplanes with two pilots in the plane, everybody got it wrong initially. >> two planes come dangerously close to colliding and how it happened may shock you. it's not right. it's not fair for us. we're just trying to do what is best for our children. >> a mother held in contempt for breast-feeding her child during jury duty. really? [ male announcer ] if you can clear a crowd but not your nasal congestion,

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welcome back. a frightening story for you now from the skies over europe. two jumbo jets very close to colliding all because of a misunderstanding. here is chris lawrence. >> reporter: two jumbo jets came close to a catastrophic collision over scotland. 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 in each airplane, everybody -- everybody got it wrong initially. >> reporter: both 747 he's were about to cross the atlantic. one climbed to a cruising altitude and put them on a path

to converge. air traffic controller told the plane on the left turn left. the plane on the right, turn right. but the pilots misinterpreted the orders and it did the opposite, they turned toward each other. 747s gone within three miles when the emergency order is given for one to go up and 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 bridge investigators was that each pilot did what the other pilot was instructed to do. >> reporter: even though miles away at one point, one plane was a hundred feet above one another. >> the report says they are 1,000 feet vertical and they were clearly not separated by that much. >> reporter: british investigators found that the instructions the pilots received were clear. pilots confirmed they heard them. and their call signs were so

different, it would be hard to get them mixed up. now, as scary as this was, one thing that american flyers can take comfort in, no u.s. airlines have had a mid air collision since 1978. chris lawrence, cnn, the pentagon. >> that is is so weird. you know what it reminds me of? i'm not making light of this but i had a soccer coach say kick it with your left foot. and when you kick it with your right, no, the other leg p.m. they just didn't hear it? >> when you think how many planes are in the sky at any given time. >> thousands of people lives at stake there. i'm glad they are all okay. two of the three men held captive for a decade in cleveland are writing a book about their ordeal. amanda berry and gina dejesus. they were kidnapped by ariel castro who hanged himself in his

prison cell in september. a settlement between casey anthony and a group that went out searching for her missing daughter. a lawyer for texas equisearch decided not to take the case to trial. caylee anthony's body was found six months after her disappearance. casey noin was later acquitted of her murder. celo green is face iing charges. she claims the singer drugged her before they went back to her hotel. green has pleaded not guilty to the drug chars. in missouri a mother is facing a fine for something she said she had no choice about to go. she doubt her 6-month-old to jury duty. she tried to get out of jury

duty but the judge face her with contempt charge and now she faces a 500 dollar fine. >> since i'm a stay at home mom, we don't have child care. it's not right. it's not fair for us. we are just trying to do what is best for our children and we shouldn't be penalized and fined for it. >> the judge did offer her a chance to pump during breaks but she says her baby won't drink from a bottle. he also asked somebody else to watch the baby at the courthouse but she said that was impractical. she will be back in court to face the judge. she says it is very scary because she has never been in court before. >> a couple of felons on the run there. >> i hope there is some reasonable way. edward snowden causing another black eye for the white house and the nsa. this one has president obama trying to mend fences with a key

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welcome back to "early start." france is demanding answers after allegations that america was eas chief national security correspondent jim sciutto reports the obama administration is in damage control mode, trying to repair the relationship with an important european partner. >> reporter: france is a close ally, critical in recent years, in dealing with syria, libya, and iran, but according to documents revealed by edward snowden in france's le monde newspaper they were in the cross-hairs of a massive nsa surveillance. in december 10, twelve, january

8, 2013. targeting the paper reports both individuals who suspected links to terrorism and prominent leaders in business and politics. france's outrage was blistering. >> translator: these kind of practices between partners that violate privacy are totally unacceptable. >> reporter: even secretary of state john kerry arrived there to explain. >> i think that is appropriate and our goal is always to try to find the right balance between protecting the security and the privacy of our citizens. >> reporter: any new balance will have to be struck with a long list of allies now revealed by snowden to have been targets of nsa eavesdropping, including germany, britain, brazil, mexico and the european union.

is this damaging to mexico and other countries who protest it? >> potentially, yes. you've got this political sphere, this public sphere, this aspect of trust and, you know, there's impact, you know, when, all of a sudden, you have these things exposed. >> reporter: the france revelation comes just a day after the german magazine reported, again, based on documents relieved by edward snowden, that the nsa systematically eavesdropped on mexico including the e-mail account of the former president. however, the administration has shown no signs of significantly reining in the nsa surveillance either international or at home. jim sciutto, cnn, washington. promising of more prorvesheprorvbrorv bombshells.

glenn greenwald has many stories to tell and he is vowing to report on every document of what he calls public interest given to him by former nsa contractor edward snowden. imagine how sweet this would be. to see someone for the first time in ten months. this mom near pittsburgh is about to find out. her son sergeant calvin munoz gave her the ultimate surprise where she worked at walmart. >> oh, my god! being i can't plain it, how happy my heart is just like jumping inside me right now! i mean, i can't explain it. i can't. oh, my gosh! >> what a beautiful moment.

the sergeant had to plan that surprise two weeks and it took that long to plan it and as you can tell, mom was very grateful and it took a gigantic bouquet of flowers to hide behind and look how moving for everybody there at the walmart. you know that kind of moment will last forever in all of their minds. >> these moments are so incredibly emotional and wonderful to see. >> they really are. >> it just gets to the sacrifice you get from so many soldiers. >> that is what we talk about the soldiers oftentimes. it's the families too. this is their mom whose son made a decision to serve their nation but it's hard to see your baby go off and face that kind of danger. >> 13-year-old boy pulls out a gun inside his school. minutes later, two beam are dpe dead and two others wounded.

we are trying to find out what is behind that attack. we will get to that after the break. [ male announcer ] this is karen and jeremiah.

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this is especially difficult because, you know, we got there and the kids were running out. they were scared. they were freaked out. >> terrifying moments. armed with his parents' gun. a 13-year-old boy goes on a shooting spree inside his middl. thank you. >> a police officer going above and beyond the call of duty when she catches a mother shop-lifting groceries. this does not end like you think it will. welcome back to "early start." i'm michaela pereira. >> i'm john berman.

a 13-year-old student opened fire at a middle school killing a teacher and wounding two fellow students before turning the semiautomatic handgun on himself. the shooting happened just before the morning bell on monday. witnesses say the teen pulled his weapon and started to fire. that's when a teacher, 45-year-old michael landsbury tried to intervene and convince the boy to put that gun down but the former marine who served several tours in afghanistan was shot and killed. he is being called a hero this morning. the motive behind the shooting is still unclear. some are saying the boy may have been bullied. >> he always had a smile. he was always, you know, just a very nice boy to everybody and so it's just -- you know, i just find it difficult to get that, you know, he got bullied, but he didn't have anybody to talk to that he didn't have anybody to go to in the school before he decided to do this. >> the teen apparently took the handgun from his parents.

reno police say it's too early to say if he was targeting anyone in particular. in washington, the president is promising a fix is in the works for the website that americans have been trying to use to sign up for health insurance coverage but with so many contractors saying they knew the site was not ready for its launch on october 1st, the question really remains how did this happen? here is casey wian. >> way more glitches than i think are acceptable. >> reporter: glitches? >> the website launch was rockier than we would have liked. >> reporter: rockier? >> we are working out the kinks in the system. >> reporter: kinks in by now it's clear that stronger words are needed to describe the web law firm of obama care. >> it's been a fiasco. >> reporter: the white house struggled to answer questions what many said were inadequate testing prior to the launch of the website. >> do you know whether the website was beta testing? >> in terms of the type of testing, i just don't want to pretend to be an expert in -- what i want to say is that, you

know, the -- the system has not worked as effectively as efficiently as we obviously wanted it to the secretary of health and human services kathleen sebelius says the online marketplace needed five years of construction. in reality, she said, quote, we had two years and almost no testing. >> it's not a surprise initially. i think the fact there seems to be so much ongoing problems noted is more of the surprise. >> reporter: the largest obama care contractor is cti group, a canadian firm that developed much of the website's architectu architecture. they are working around the clock for the improvement of the system that is complex and ambitious and unprecedented. we remain confident in our

ability to deliver continuous improvement in performance and more positive user experience but that is not enough for some critics. >> send air force one out to silicon valley and load it up with some smart people and bring them back to washington and fix this problem. >> reporter: one of those smart people from silicon valley. >> they say you can have it fast, cheap, or good. pick two out of three and it sounds like they went for the fast and cheaper. the launch day was probably picked politically and the software and everything else is backed into that. >> reporter: we may funed out what happened. several contractors are expected to here on thursday and secretary sebelius is expected to testify next week. casey wian, cnn, los angeles. we are hearing from the mother of an american held in north korea days after she finally saw her son. he went to pyongyang hospital

earlier this month and she saw her son connent for the first time since he was arrested nearly a year ago. she told cnn in an exclusively interview it was a difficult reunion and even harder to leave. >> i cannot express my pain and my heartache to leave him behind as a prisoner in north korea. how long before pegged to see him again? how long should i wait for him to return? very hard to leave him over there. >> the north koreans say kenneth bay was trying to poppel the government. she says he was there to help the leadership. she is begging the leadership to free her son and let him come home. a judge has now appointed a special prosecutor. coleman says she was raped by a

high school football star and she claims political pressure forced the authorities to drop the charges. jackson prosecutor peters says a full review is coming. >> this case will be thoroughly reviewed. our review of this case will be without fear and without favor. i have assembled a special staff in when we call our special victims unit. i'm so assist with this case. >> this case has rocked the small town of maryville, missouri, with a hacking group anonymous plans a rally in support of the girl today. a man accused of killing a 4-year-old girl known for decades as baby hope has been indicted. conrado suarez will be in a manhattan court today to be formally informed of those

charges. after his arrest, police say he confessed to sexual abusing and smothering the little girl and leaving her body in a cooler near the highway. he has since recanted. the judge in the murder trial of new england patriot aaron hernandez refusing to step down. prosecutors argue she is biased against the dda. office. hernandez pleaded not guilty. >> to many who scratching their heads about how it happened, new revelations how two convicted murders in florida may have contained the forged documents that set them free. in an exclusive interview with nick valencia, said seven inmates tried to release fraudulent documents since 2009. five of them at the same prison

where charles walker and joseph jenkins were held. >> we have a confidential source that has advised us that there was a cottage industry, if you will, where an individual was able to construct these documents for $8,000. >> are you looking at this perhaps being an inside job? >> that is a consideration that it was -- that they had help inside either the prison or inside the clerk's office. >> state officials have apparently been investigating this issue for a year now. they had actually warned prosecutors to be on the look out for fraudulent release orders. as for those two men who walked out of pretty much last week, the investigation is now focusing on who may have helped them obtain the documents that set them free. clearly, they had assistance to get out and to get those documents to those people. >> i still have so many questions here. this video has gone viral

and caused a great deal of outrage and now we are learning the jets fan who was caught on camera punching a female patriots fan in the face at metlife stadium here in new york, that that man has a criminal record. he served three years in prison in 1990s after convicted in a fatal stabbing but his mother, who was at sunday's game with him, says her son was only acting to protect her from the woman who she claims was the aggressor. you watch that video. >> it's hard to watch. >> there shouldn't be punching among fans at any football game during, before, or at any time. >> it's football. leave the aggression on the field. a federal lawsuit in tennessee is demanding that all married couples in new york or california saying tennessee is violating their constitutional rights by refusing to honor their out of state marriages. tennessee has a voter approved constitutional amendment that defines marriage as being

between a man and a woman. same-sex couples tied the knot in missourinew jersey, chr christie dropped his legal challenge aimed at stopping gay weddings in new jersey. his spokesman say the state supreme court spoke clearly when it denied the stay and let marriages go forward. even though christie disagrees with the ruling, his spokesman says it was the governor's duty to abide by it. virginia's newspaper saying they don't like any of the candidat candidates. the paper writes the republican and democratic candidates have, quote, earned the scitizenry derision. >> nothing like that except umbrage. strike for workers for the bay area rapid transit is over

after four days. i have a lot of friends out there who will be happy this morning. both sides meged with a mediate i don't remember. some trains are expected to run this morning but it is not clear if it will be a completely normal commute. >> i'm going to guess going from zero to a hundred percent will be a challenge. >> some glitches, as they like to say. >> stronger words may be used. i don't know. what is it like outside? >> i don't know. i don't remember. it was so long ago. >> you know who we can check with? >> chad myers. good morning. good cool morning for leach. 33 degrees around detroit right now. i guess good evening for you hawaii. nowhere near 3 except maybe on top of the mountain. we will get some airport delays today. showers and low clouds chicago miami also d.c. metros and san francisco with low cloud cover. cool weather across the upper

midwest. 40s for highs. morning lows way below freezing. if you stomatoes you're lucky because otherwise, everybody else's is already dead! 27 atlanta and relatively warm up the east coast for another day, maybe day and a half before it finally does cool down again. here's a look at the clouds and delays again. chicago, miami, d.c. metros and san francisco and seattle. other than that in pretty good shape today. >> grate shape, he says. >> we are in great shape today. >> we are in great shape, people. south florida now. a police officer who decided the best thing she could do for an accused criminal was to give her a helping hand. this is officer vickie thomas called to a supermarket not far from bhamiami. she found 300 dollars worth of grocery that the woman had not paid for. thomas stopped her and asked the question, why? that is when robless admitted

her three children were hungry and she had no other choice to steal. >> she came out and asked you do you even have food at the house? and i looked at her, you know, her face and i told her no, i don't. >> i made the decision to buy her some groceries because arresting her wasn't going to solve the problem with her children being hoirungry so i w in and bought her some groceries. >> a hundred dollars worth of groceries? >> yes, a hundred dollars. >> that officer showing a tremendous amount of humanitity. robles will have to appear in court and promises suns she finds work and back on her feet she will help someone else out just like officer thomas helped her. the beautiful thing when you can help someone and they can pay it forward. >> compassion goes very far. she's not getting off easy. she is facing the charges in court. >> her children will understand it's an important lesson for them to learn that stealing

isn't right but you have to do what you have to do to feed your kids. 42 minutes after the hour. coming up -- >> looks like bernie madoff. >> cycling legend with tough words for fallen star lance armstrong. this is really interesting, folks. stay with us.

this is usually a time you make zoraida breakfast?

>> i bring in the bacon bits. >> turkey bacon? it's not bacon if it's turkey. >> it's bacon made from turkey. delicious. back to "early start." no breakfast being served but prime time pop. we will start with international spy games. >> the french government up in arms. reports of nsa spying in france. erin burnett spoke with bob bauer who said that spying is a two-way street. >> i was assigned to paris in the '80s and the french were breaking into american businessmen hotel rooms and downloading their computers and the rest of it. we confronted the french on this. we get the quiet so it does go both ways, absolutely. in the cold war they started to listening to phone calls and she knew to turn a blind eye.

erin, remember, 9:/11 was hatchd in europe. we have a reason to listen to phone calls there, period. >> anderson cooper had an exclusive with cycling legend the three-time tour de france winner is the only american winner. he had choice words for disgraced cyclist lance armstrong. he said france threatened to falsely accuse him of doping. >> he did offer $300,000 to a teammate to say that i took steroids and he refused and this is a guy who could use the money. >> why did he go after you? >> he is a bully and a thug to me and i'm the one that wouldn't put up with it. >> when lance armstrong says, look, everybody was doing this, i was just trying to even the playing field. >> he wasn't.

he couldn't raise the level of the playing field and that is why he bribed the governing body. >> what do you think should happen to him now? >> this is not a sporting infraction. this is criminal. >> you think he should go to jail? >> i do. there's a point where people are just not good and there are some people -- i'm sorry, but there are people who are criminals that shouldn't be able to participate again in anything. it's like bernie madoff. he ought not to be allowed to come in and be a part of wall street managing money? no. that's what armstrong. he shouldn't be allowed to be back in the sport. >> strong words. >> greg and lance are not friends one bit. piers morgan caught up with the mother to be who gave a scare yesterday nearly painting behind president obama fainting as he spoke about the new health care law. she is 21 months pregnant and has diabetes. >> the whole world was watching in absolute horror as you teetered backwards.

what was going through your mind? >> mostly, oh, no, don't faint. the next thing i knew, i was being caught by the president and thinking, wow, that just happened. so, you know, it was an incredible honor to be there and i'm really really happy to have been there today to support the president as he takes a stand and reinforces the importance of this aca and the accident and how important health care is for all of us and i'm extremely embarrassed that i fainted but honored still to have been there and happy that he caught me. >> reporter: what did he say to you afterwards, the president he? anything? >> he asked how i was doing. made sure i was okay and i was extremely appreciative of that. >> nothing like fainting. >> have you? >> not on camera. >> not on camera. not on camera. >> do those things in private. >> intrigue. coming up for us, the giants take on the vikings in "monday night football." they have done something now that they have never done before this season at least. andy scholes breaking down all of the game action in the

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history made overnight by the new york giants. it took them seven games but they finally won! >> they won! >> they won a game! >> they beat the minnesota vikings on "monday night football." >> andy scholes, how do you put up with this guy? we have more from the bleacher report. how are you? >> i'm good. how are you doing? monday night dinner reserved for one of the best matchups of the week. last night's game featured 1-4 vikings taking on the 0-6 giants. records wise this was the worst matchup ever on "monday night football." pretty ugly game. the one bright spot was that that sack there by wildman jared allen. check it out! he goes around the lineman and gets eli by one hand and brings him down. eli went down there but for the first time this season he did not throw an interception.

giants, they ended their worst start in nearly 40 years. they win 23-7 was the final. forbes releasing its annual list of the most disliked athletes in the nfl! topping the list once again is michael bay. fans haven't forgot about his dog fighting scandal and manti te'o's fake girlfriend. he is the second most hated player in the nfl. ben roethlisberger and mark sanchez round out the top five and the list was based on an online survey. one of the top stories in the lineup on bleacher report.com is amazing 6-year-old keelan glass. he became the youngest person ever to run a half marathon. check this out. not only completed the race but in pretty good time. 2:46. took time off there to take a picture of the horses.

she did it to raise money for charity. a great cause. >> way to go, kiddo! >> she has done a half marathon at 6 and wants to do a complete marathon 26.2 miles by the time she is 10. >> you have to have goals. how was your half marathon? >> a lot faster than hers. come on. her legs are so small! she had to run 30 miles! i give her a lot of credit, even though i did beat her. >> that is incredible. what a great kiddo. thanks for sharing that, andy. appreciate it. we will be back and we will have coffee and everything is going to be fine. promise. [ male announcer ] if you can clear a crowd but not your nasal congestion, you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion

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welcome back. it is 58 minutes past the hour. >> or 2 minutes until the hour. >> depending on how you like to slice it. congratulations for kelly clarkson. the singer celebrating after tying the knot with her fiance brandon blackstock. clarkson confirming the news on twitter. that is her planting a kiss on

her husband's head. the couple originally had planned, quite a lavish wedding but scrapped over the summer because of their busy schedules. look at that. >> that is not a trashy place. it's beautiful there. >> very nice. a huge milestone for netflix. they are reporting it now has 40 million subscribers! that is more than hbo and most of them are signing up to stream movies and not rent dvds. the goal is one day to catch up with hbo. the thing to do is stream it on your tv now. i just managed to do that. i got a guy to do that. >> my netflix was not working this weekend. it's not all about me. >> want me to send my guy? >> send your guy over. >> congratulations, netflix. get to work "early start"

continues right now. make him put it down but he took the shot right then and there. >> he probably tried to talk the kid down. he would protect whoever he could so that sounds like mike. >> a math teacher murdered and two students shot when a 13-year-old pulled out a gun inside his school. there's no sugar coating. 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 is more frustrated by that than i am. >> president obama owning up to problems plaguing the new health care law rollout but can the white house figure out a fix for that website? and major league baseball versus a-rod. the legal battle to prove that the player cheated his way to greatness. this battle has been crazy

already and it's getting even crazier. good morning. welcome to "early start." i'm michaela pereira. >> i'm john berman. tuesday, october 22nd and 5:00 a.m. in the east. we are making progress. >> we are ticking right along. stay with us. we begin with terrible sadness in nevada. deadly shooting at a middle scoot there. authorities still trying to figure out exactly what led a student armed with a semiautomatic handgun to killed a beloved math teacher and wound two of his classmates before turning the gun on himself. classes at the spark middle school are canceled the remainder of the week as the community grieves. we get more from cnn's stephanie elam. >> trying to make sense of a senseless killing. the small desert community of sparks, nevada, came together in prayer last night after chaos and tragedy at a local middle school. >> they have one victim in the cafeteria, one in the hall.

>> reporter: students were wag for -- waiting for the morning bell to ring and then shots fired.for -- waiting for bell to ring and then shots fired.-- waiting for the mornin to ring and then shots fired.wa ring and then shots fired. >> people started running and screaming so i started running and we heard another gunshot. >> the kid started getting mad and he pulled out a gun and shoots my friend. >> reporter: the shooter, a 13-year-old student, allegedly using his parents' gun, wounded two fellow students. a teacher rushed to their aid. >> he walked up to a teacher and says, "back up." the teacher started backing up. he pulled the trigger. >> the teacher was trying to make him put it down but he took the shot right then and there. >> reporter: a shot that killed 45-year-old michael landsberry, a popular eighth grade teacher. a former marine who served several tours in afghanistan and is now being called a hero. >> he was a very well-liked teacher by the students and other teachers. it's very unfortunate that someone like that that protected our country over there and came back alive, his life had to be taken. >> he loved teaching at sparks middle school. he loved the kids. he loved coaching them.

he loved teaching them. he was just a good all-around individual. >> reporter: students are pouring out their grief on social media. >> i had the chills when i heard that mr. landsberry died. having him for the math was the best. it's too hard to even believe. no teacher will take his place. nothing is going to be the same any more. you are a hero and you will always be missed at sparks middle school. >> reporter: as for the student suspect, police say he took his own life with that gun. >> i knew the person with the gun. he was really a nice kid. he would make you smile when you're having a bad day. i saw him getting bullied a couple times and i think he took out his bullying on him. >> reporter: it's still unclear what drove that child to resort to violence and whether or not he was targeting the students or the beloved math teacher who survived war, only to die what should have been the safe haven of an american middle school. stephanie elam, sparks, nevada.

to the ongoing problems now with the website for the obama care health exchanges. president obama has admitted it has not gone as well as he had hoped. it does not appear the enrollment process is not getting easier, at least not yet. here is cnn white house reporter brianna keilar. >> reporter: an embarrassing moment for president obama forced to defend his signature health care reform program. >> you've probably heard that healthcare.gov, where people can buy medical plans in most states hasn't worked as it was supposed to work. the product is good. the health insurance that is being provided is good. it's high quality. and it's affordable. >> reporter: he instructed americans to call in. >> i want to repeat that. 1-800-318-2596. >> reporter: but it's a slow

process, as cnn senior medical reporter danielle found out today. >> you apply for me and i wait a week or two and i call you back once i have my eligibility and then we would go over the plans. >> reporter: not exactly what the president had in mind five days before the obama care website launched when he said you could buy insurance. >> same way as you shop for a tv on amazon. >> reporter: in states that launch their own web sites, users have had better luck. >> i'm not honored to introduce the president of the united states. >> reporter: janice baker, the first person to sign up in delaware, was facing the possibility of going without insurance due to relatively minor preexisting conditions. >> osteoporosis, cholesterol things like that. >> reporter: you were denied how many times? >> three. >> reporter: but on the federal site, 21 days since it launched, many americans are still unable to enroll in obama care. come mid february, they could face a penalty if they don't have insurance unless that deadline is delayed. there is flexibility there in

the law if folks -- >> i would simply refer you to a.j. for more details but we are working on it, they are working on aligning those policies, the enrollment period and the individual time frame there. >> reporter: jay carney leaving the door open there. we have gotten word what kathleen sebelius is expected to testify before the republican-led energy and commerce committee. that is expected to happen next week. brianna keilar, cnn, the white house. 6:00 minutes after the hour. hearing today set for al libi who was captured in a daring raid in libya this month. he plead the not guilty to charges helping plan the 1998 u.s. embassies bombings in kenya and tanzania. a california man has pleaded

not guilty to charges he tried to join al qaeda. prosecutors say 24-year-old wen has confessed he wanted to be a trainer for the terrorist group in syria. he apparently had been there fighting as a rebel against the assad government. the judge in the case expressed some skepticism saying the suspect had no special skills that would help the terror network. france saying the nsa intercepted millions of phone calls inside that country in a 30-day period in december and last january. the documents were leaked by edward snowden. secretary of state john kerry met with his french counterpart in paris and president obama has spoken with the france leader. france leaders have called the surveillance totally unacceptable. we can expect more shocking spy stories apparently from those leaked nsa documents so says glenn greenwald, the reporting who broke the story. he says he has many more stories

to tell. he promised to report on every document of public interest given to him by former nsa contractor edward snowden. >> we have been talking all morning what it might be like outside for those who get to go outside. >> what is it like out there in the great outdoors at 5:00 a.m. indra petersons knows because she was just there recently. >> we are setting up a new pattern out there where we are seeing a mild condition in the west and in the east, we are starting to see that jet stream really drop down. a lot of that cold air moving along with it. as far as those temperatures outside, so easy to see with your current temperatures where that cold front is. unbelievable. very comfortable. new york city right now 57 degrees. look at this cold front. on the other side of it, this cold air is slowly making its way to the east. chicago right now right at the freezing mark. 32 degrees this morning and indianapolis only about 33 degrees. you definitely have these freeze warnings out there and this chill will be making its way

farther east. look at the highs in the midwest. chicago only affecting a high of 41 degrees. 20 degrees below normal for them. that would be a high that is all coming our way. here comes the low. expected by overnight tonight and in through tomorrow so we will talk about not only cool temperatures but also some rain into the mix. only about an inch out there. by tomorrow we will see the temperatures drop another 10, 15 degrees. >> wait. drop? 14 to 15? >> yes. get comfy. >> it's time for leg warmers, everybody. >> always time for leg warmers! >> always! >> thanks so much, indra. 9:00 minutes after the hour. coming up, is major league baseball on a witch hunt against alex rodriguez? we are going to hear from a man who says baseball forced him to say a-rod was doping. plus. it's not right. it's not fair for us. we are just trying to do what is best for our children.

>> a mother in trouble with a judge. what she says she had to do despite being on jury duty. it is time for your morning rhyme, folks. tweet us with your own original verse. michaela pereira is absolutely killing this this this morning! right now, she's in front so you have to have very good ones if you'd like to beat her. send them in now and we will read the best ones on air. >> i'm going to need more coffee. 50 minutes to go. >> we will be right back. [ male announcer ] sheets or bar? how do you get your bounce? bounce keeps my clothes fresh for weeks, even when they've been sitting in the drawer a long time. like those jeans you can't fit into anymore. uh...by that, i mean... [ male announcer ] how do you get your bounce? long-lasting freshness. [ male announcer ] life with crohn's diseaseunce? ois a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question

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211-game suspension for allegedly violating the game's drug policy is supposed to be private but the public has already gotten a taste of how far each side is willing to go to prove their case including paying huge sums of money for evidence and allegedly intimidating a witness who one man asked his identity to be concealed from fear of retribution from major league baseball. did you ever see alex rogdrigue use any performance enhancing substance? >> translator: never. >> reporter: he claims mlb investigators pressured him to say he saw rodriguez use performance-enhancing drugs. >> i never saw it but i was pressured. >> reporter: he says he was never paid by baseball or rodriguez. his attorney says his client was questioned eight hours at his house. >> it definitely was major league baseball investigators.

>> reporter: major league baseball coo rob manford strongly denied any improper conduct on behalf of his investigators saying our investigators have complied with all legal and ethical requirements throughout the process. manfred cleared the air on another topic. payments made for evidence and he confirmed authorizing $155,000 in class for documents to find out about violations of the league's drug policy saying there is nothing illegal or unethical about paying for documents. it's sometimes necessary to pay for documents for information. but what if those documents are stolen? the files in question come from the biogenesis in florida. that worker told police mlb representatives are offered him a job and up to $125,000 for the client file. that last alleged offer,

according to the police report, was march 18th, almost a week later, march 24th, the documents were reported stolen. major league baseball admits it later bought the documents and manfred says no one from major league baseball knew or suspected the documents were stolen. in fact, the people we bought them from made representations to the contrary. rodriguez's attorney joe tac tacopena isn't buying it. >> shocking. deplorable. >> reporter: it was revealed during arbitration that rodriguez team knitted paying $305,000 for evidence. >> they miss characterized that. >> how would you characterize it? >> we have paid far more. >> reporter: 305,000. >> no, 105,000, okay? paid and actual documentation from two witnesses. there was a 200,000 dollar

deposit made for the videotape. >> reporter: plus the 105,000 you have paid out. is 305,000? sports radio host greg cacraig >> did you do performance-enhancing drugs beyond what you admitted to have done in '01 to '03? >> reporter: jason carroll, cnn, new york. >> it will come down to that question xt aand the arbitratorl rule and not a done deal yet that a-rod will miss a significant part of next season. >> it's crazy to think this is all happening when you look at the career that he's had. you look -- >> that whole career may have been tainted. >> that's what i'm saying asterisks that they talked about with barry bonds and has to likely be used for some other players. i'm going to go on to another story. morning rhyme taking on a whole new feeling here. 17 minutes after the hour.

a story of survival coming to the printed page. two of the three kidnapping victims held by ariel castro up to a decade in cleveland. two have teamed up with a reporter. no meetings we are told have been set with the publisher. their alleged captor hung himself in prison last month. a group decided not to take a case to trial despite spending a hundred thousand dollars on the search for 2-year-old caylee anthony. trouble for celo green. a woman accused him of drugging her with ecstasy at a los angeles restaurant in july of 2012. the d.a. has decided not to pursue sexual assault against

the musician. green has pleaded not guilty to the drug charge. a missouri mother is in court for doing something she said she had to do. she brought her 7-month-old to jury duty and says no one else to watch the baby and tried to get out of jury duty the state does not offer a new exemption for new mothers. she is facing a 500 dollar fine. >> since i'm a stay at home mom, we don't have child care. it's not right. it's not fair for us. we are just trying to do what is best for our children and we shouldn't be penalized and fined for it. >> the judge did offer her a chance to pump breast milk during breaks but she says her baby will not drink from a bottle and she needs to be able to feed him. the judge had offered to let someone else watch the baby there at the courthouse but the mother said that wasn't practical. trickle will be back in court on thursday to make her case to the

judge why she shouldn't be fined. she says this is scary because she hasn't been in trouble with the law before. she doesn't even have a speeding ticket. >> i hear the kid has all sorts of speeding records. look at that face. i got distracted by the face of that child. beautiful baby. maybe some reason here. attention apple fans. the latest apple product is set to be revealed today. easier to get a new passat,'s nn awarded j.d. power's most appealing midsize car, two years in a row. and right now you can drive one home for practically just your signature. get zero due at signing, zero down, zero deposit, and zero first month's payment on any new 2014 volkswagen. hurry, this offer ends october 31st. for details, visit vwdealer.com today.

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look at this. it's so great. we will start serving the continental breakfast. it's "money time." christine romans is here with us. >> there is no breakfast! that is false advertising. the only consolation is jobs day. >> this is what you come to work for. >> our dark days are over. i'm able to tell you what the jobless rates is. jobs tuesday not the same panache at jobs friday. the labor department will release the september jobs report a little over three hours. it is estimated 183,000 jobs added to payroll. the report is watched for a lot of reasons. it's the last clean report before the shutdown. revisions to the august report could be telling because july and june were revived downwards.

i want to see the labor force participation rate. in august it fell for 35-year low and we know the federal reserve watches that number closely so you can debt ben bernanke and the fed chief will be watching that one as well so that's important to watch the labor force participation rate. these are the kinds of numbers that are super important for whether the fed will be tapering and pulling back on its stimulus so that is an important number to watch. okay. i want to talk about apple. you have one right there. >> i do. >> you have an ipad. >> yes. >> ipod. apple is going to unveil a batch of new ipads in an event in san francisco and it's expected that apple will reveal its ipad 5 has twice the speed of this little baby on your desk right here. >> it's not going anywhere. >> odds apple may unveil a ipad mini2 and look for ipods and

apple expected to operate its new highlight mavericks. apple stock could soon be trading in the range of 545 and 570. >> the time you can enjoy your latest purchase! new one comes out and it's getting short and shorter. >> i'll link where you can get the best price for your use. a lot of leach are turning them in. different web sites you can get more for the used ipads. a lot of people are trading up so that is cool. we started at the time s&p 500 at a record barely. closed up less than a point on monday and topping that, look at that. a tiny bit but for a record. for the year, i like to put this in perspective. a day is just a day, right? for the year dow up 17% and nasdaq 30%. the s&p 500 is up 22%. >> those are pointing in the right direction. >> you can take that to the

bank. >> wow. >> put a nickel in christine romans today! >> and i got to say panache. i never get to say that word! >> you should put that in a rhyme. >> when i get my continental breakfast i will send you all kinds of rhymes. >> christine romans, thank you for that. >> the service around here is going down. was a truly amazing day. he was a matted mess in a small cage. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com ♪

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this is especially difficult because, you know, we got there and the kids were running out. they were scared. they were freaked out. >> armed with his parents' gun.

a 13-year-old boy goes on a shooting spree inside his middle school. politics. connections, or any other reason you can think of will not play a role in this case. >> a prosecutor promising justice in a town where a high school football star is accused of raping a teenage girl and getting away with it. my daughter is willing to give her life, you know, for our country and then -- and then this place, they say that, you know, we're sorry, the monument comes down and we will refund your money. >> a family honoring their loved one's memory heart broken when a cemetery tells them to take down the memorial. >> welcome back to "early start." i'm john berman. >> i'm michaela pereira. 31 minutes past the hour. morning in a nevada community after a deadly shooting at a middle school. a lot of people gathered to pray

hours after a 13-year-old student opened fire and killing a teacher and wounding two other students before turning a gun on himself. the shooting happened just before the morning bell on monday. witnesses say the teen pulled his weapon out and just started shooting. that is when a teacher, 45-year-old michael landsberry tried to talk the boy into putting the gun down. this teacher was a former marine and served several tours in afghanistan and was a hero as a teacher and as a marine. he was shot and killed and, again, today being hailed as a hero. the motive this morning is still unclear but some people are suggesting that the boy may have been bullied. >> he always had a smile. he was always, you know, just a very nice boy to everybody and so it's just -- you know, i just find it difficult to -- to get that he, you know, he got bullied, but that he didn't have anybody to talk to, that he didn't have anybody to go to in the school before he decided to do this. >> the teen apparently took the

handgun from his parents and reno police say it is too early to say if he was targeting anyone specific. more promises from washington about fixing the problems with the obama care website. many have tried to log in to sign up for coverage through the insurance exchanges but the site still sluggish and, in some cases, unresponsive. now as casey wian reports, the question is why wasn't this prevented from the start? >> way more glitches than i think are acceptable. >> reporter: glitches? >> the website launch was rockier than we would have liked. >> reporter: rockier? >> we are working out the kinks in the system. >> reporter: kinks? by now it's clear that stronger words are needed to describe the web law firm of obama care. >> it's been a fiasco. >> reporter: 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 whether the website was beta tested? >> in terms of the type of testing, i just don't want to pretend to be an expert in -- what i want to say is that, you

know, the -- the system has not worked as effectively as efficiently as we obviously wanted it to, the president, the secretary or anybody wanted it to. >> reporter: secretary of health and human services kathleen sebelius says the online marketplace needed five years of construction. in reality, she said, quote, we had two years and almost no testing. katherine is hired to help set up the health care exchanges. >> it's not a surprise initially. i think the fact there seems to be so much ongoing problems noted is more of the surprise. >> reporter: the largest obama care contractor is cti group, a canadian firm that developed much of the website's architecture. in a statement, it said it and other contractors are, quote, they are working around the clock for the improvement of the system that is complex and ambitious and unprecedented. we remain confident in our ability to deliver continuous

improvement in system performance and more positive user experience but that is not enough for some critics. >> send air force one out to silicon valley and load it up with some smart people and bring them back to washington and fix this problem. >> reporter: that guy is one of those smart people from silicon valley who says it hosts one in five web sites. >> they say you can have it fast, cheap, or good. pick two out of three and it sounds like they went for the fast and cheaper. the launch day was probably picked politically and the software and everything else is backed into that. >> reporter: we may find out if that is truly what happened when a congressional committee holds a hearing on thursday. several contractors are expected to app and secretary of state sebelius is expected to testify next week. casey wian, cnn, los angeles. missouri judge has appointed a special prosecutor to review rape allegations by a teenage girl. daisy coleman said she was assaulted by a high school football star when she was 14.

the charges against the then 17-year-old boy were dropped last year. coleman claims that is because the boy comes from a prominent political family and newly pointed special prosecutor jean peterson baker says this case does warrant a review. >> this case will be thoroughly reviewed. our review of this case will be without fear and without favor. i have assembled a special staff in when we call our special victims unit. i'm to assist with this case. >> national headlines thursday this small town of maryville, missouri, into an uncomfortable national spotlight. today a rally is planned in support of the alleged victim. we may find out how the two murderers in florida that contained the forged documents that set them free. the head of the florida

department of law enforcement said seven inmates have tried sun mitting fraudulent release documents since 2009 and five at the same prison where charles walker and joseph jenkins were held. >> we have a confidential source that has advised us that there was a cottage industry, if you will, where an individual was able to construct these documents for $8,000. >> are you looking at this perhaps being an inside job? >> that is a consideration that it was -- that they had help inside either the prison or inside the clerk of the court's office. >> state officials have apparently been investigating this issue for a year. they had actually warned prosecutors to be on the look out for fraudulent release orders. as for those two men who walked out of pretty much last week, the investigation is now focusing on who may have helped them obtain the documents that set them free. gay marriage in tennessee. the subject of a new federal

lawsuit. four couples all married in new york or california say tennessee is violating their constitutional rights by refusing to honor their out of state marriages. tennessee has a voter approved constitutional amendment that defines marriage as being between a man and a woman. this legal avenue which could eventually get to the supreme court slast remaining barrier to same-sex marriage across the country. the governor is trying to stop same-sex marriages in his state. they tie the knot there. chris christie spokesman announced an appeal would be dropped saying the state supreme court spoke clearly when it denied a stay and let marriages go forward. though christie disagreed with the ruling, his spokesman said it was the governor's duty to abide by it. many people expected to go outside today. many people. >> you know, that is probably a true statement. >> a lot of people going

outside. what might they face? indra petersons is watching the weather this morning. >> go back inside? >> exactly. >> that bad? >> it depends on what you like. if you like cool weather you'll love it. mid-atlantic and northeast a beautiful day. look at the temperatures. beautiful. philadelphia, 67 and new york city today looking for 66. gorgeous out there but notice almost a 20-degree temperature drop on the other side of this cold front. let's take you in tomorrow when the cold front makes its way east and you'll start to see those temperatures go down big-time. what is going on? this cool pool of air the jet stream has dipped down and eventually make its way farther east in through tomorrow and everyone will be feeling that chill. as far as the midwest looked chicago today. your high only 41 degrees. cleveland high 50. that is a good 20 degrees below normal for chicago and a little bit of rain and snow in the mix and low makes its way east into the mid-atlantic and northeast today and rain overnight tonight and with it, not only just a

little bit of rain and snow but also those cool temperatures. >> you had me nervous there for a second. >> looks good, right? >> it's amazing how things have changed the last few weeks. >> we have seasons out here on the east coast. welcome! >> i love it. >> thank you, indra. appreciate it. if you saw someone for the first time in ten months, what would you do? for one, pittsburgh area mother, this was her chance to find out. her son sergeant kelvin munoz. that is his mom at sam's club and he went to her workplace and gave her the ultimate surprise. >> oh, my god! i can't explain how happy my heart is just like jumping

inside me right now! i mean, i can't explain it. i can't. oh, my gosh! >> sergeant munoz planned the surprise for two weeks. got the flowers there and well-executed and well done. you can see his mom just so, so happy. >> it adds the emotional because when you think what it takes to pull something off. you worry anything could go wrong. the emotion of seeing her for the first time. >> what a great moment! i don't think they will ever forget it. >> congratulations to all of them. coming up, controversy at a cemetery. the family of a fallen soldier is told the headstone for their loved one must come down. we will tell you that story next. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation

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you see it. giant headstones of spongebob square pants. they were put on the grave of kimberly giant who was a giant fan of the cartoon character. when she was murdered by her boyfriend, her family decided to honor her with this unique memorial. the cemetery told her the headstones were okay until they were put up two weeks ago and suddenly the cemetery told them to take them down. >> it was heart breaking that i couldn't give my doubt basically what she gave us serving in the military and that was our freedom to live here in the united states, you know, so that really hurt. i just felt, you know, we were just trying to honor, you know, her wishes. >> the cemetery now says it will work with the family to come up with a solution at its own expense to properly memorialize kimberly walker. >> a tough situation. >> it is.

you want the family to be able to serve out the final wishes for this young woman. >> and they are grieving. >> but you have to respect the wishes of everyone else. we have been fun in the twitter sphere, the morning rhyme. the first one caught our attention said for everything there is a season. i hope december in d.c. is the time for compromise, common sense and reason. >> it rhymes and it's true. >> and is pointed. >> i want to say thank you for playing so well. >> i have a good rhyme. >> you did so well! >> thank you! >> so we are declaring you one of the winners today with this rhyme. she writes all i can manage is a lazy retweet. also forgot this set shows my feet! it is true. >> it is true. >> it is true. it is true. there they are. under there. >> everyone, you can always join in and tweet us with your morning rhyme. >> it's a fun thing you and z.

have come up with. >> it's no easy task when you don't have much caffeine or fresh air. >> dozens did not make the cut and they were great and thanks for playing. >> you know, it's a bone of contention that chris cuomo takes great umbrage you never respected his mockery rhyme. you know he sings this tune. he cries it. he weeps. >> yes, he is very ankiy angry giving your the slept treatment so this conversation we are about to have is going to be brief. >> stink eye. >> that hurts. >> candy is taken outside of her immediate vicinity but i'll get it over because a lot of news for me to talk about today. one, talking about little girls. the little girl that we showed you was found living with that gypsy couple in greece. there is an american couple -- first of all, 200 tips came in from families looking for their

children thought maybe this could be their child. one american couple really believes this could be their daughter lisa irwin. the fbi is talking to greek authorities and other parents as we told you is this their child? we will give you the latest. >> we are following another big story this morning. another tragic school shooting. this time a beloved math teacher was shot and killed trying to get a student to put his gun down. two other students were hurt before the young shooter took his own life. it's such a sad story. a community clearly in morning this morning. we are learning more about that heroic teacher a military veteran who tried to save lives and have many more details on that story ahead. >> his heroism extended beyond his time in the military. >> amazing story. we will be right back. 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

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i've driven michaela off. actually, we will give you football highlights from what may have been the worst football game ever. it took nearly half the season but the good side of it for the giants fans they won this awful game on "monday night football." andy scholes is here to break the madness all down for us. >> good morning. usually monday nights are reserved for one of the best matchups of the week. as you say, last night's game featured 1-4 vikings taking on the 0-6 giants. the worst matchup ever on "monday night football" and the game was ugly as well. a bright spot for the vikings was wildman jared allen's sack. check it out. he goes arn arouound the offens lionm linemen and brings eli down there. eli went down there but for the first time this season he did not throw an interception. giants, they ended their worst start in nearly 40 years. they win 23-7 was the final. forbes releasing its annual list of the most disliked

athletes in the nfl! topping the list once again is eagles quarterback michael vick. fans haven't forgot about his dog fighting scandal and manti te'o's fake girlfriend they haven't forgot about that either. ndamukong suh and ben roethlisberger and mark sanchez round out the top five and the list was based on an online survey. one of the top stories in the lineup on bleacherreport.com is amazing 6-year-old keelan glass. he became the youngest person ever to run a half marathon. check this out. not only completed the race but in pretty good time. 2:46. she wasn't running just for the record but raising money for charity. good for her. during a halftime performance on saturday, ohio state band had a tribute to michael jackson.

had an outline of him and then proceeded to moonwalk across the field! incredible. they ended their performance with a splits. john, how long do you think it took to choreograph this? >> 30 years! >> 20 hours a day for 30 years. i can't believe what they managed to pull off there! that is the most astonishing band performance. >> they should win the game just because of the band performance there! that has to be more impressive than anything that happened on the field. you blew my mind, andy scholes. we will be right back. siness: do more with less with less 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.

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clarkson who we say a big congratulations this morning. the singer celebrating after tying the knot with fiance brandon blackstock. clarkson confirmed the news on twitter sending out a picture of her now husband planting a kiss on her head. the ceremony took place on sunday at a farm in tennessee. the couple i guess planned a more lavish wedding but it was scrapped over the summer because of their busy schedule. it still looks like the thing was awfully nice. congratulations to them. that is all for "early start" this morning. it is time for "new day." kate bolduan and chris cuomo and michaela pereira with who whom you are absconded with from me. >> it is time for "new day." here are your top news. the outcome is her coming home because we are not going to stop until it happens. >> missing child found? an american couple think this

little girl found living with a roma couple in greece is their missing daughter. is this the end of their search? details straight ahead. another tragic school shooting leaves a teacher and young shooter dead. this morning we are learning more about the marine hero who risked his life to on protect his students. celebrity scandal. superstar singer celo green charged with drugging a woman and more serious charges are dropped. could the entertainer find himself behind bars? that new courtroom drama is ahead. >> your "new day" starts right now. good morning. welcome to "new day." it's tuesday, october 22nd. 6:00 in the east. the florida inmates who were mistakenly released from jail. they're not the exception. this happened apparently seven times before. we take a look at what's going

on and see how they can make sure to keep dangerous criminals from sneaking their way back on to the streets. a new cnn poll out this morning showing americans are not too optimistic about the economy. only 29% feel the economy is in good shape. that's the lowest since december. and so all eyes are on the new monthly jobs report set to be released later this morning. will the outlook get better or worse? and you'll recall the men recorded themselves knocking over that ancient boulder at a utah state park. apparently they've been given the boot from the boy scouts. they violated a leave no trace policy in natural areas. also, controversy growing. the guy right there who shoved over the rock, well, he had filed a disability lawsuit before this whole incident. how could that be? >> but first, breaking overnight, could a mystery child discovered in greece be american? police suspect the girl was abducted by a gypsy couple. now it'